PET OWNERS: NOW THAT THE LOUISVILLE ANTI-PET LAW HAS PASSED, TAKE THESE STEPS TO PROTECT YOUR PETS:
The following suggestions are adapted from The American Dog Owner's Association. For more detail information please visit their site.
1. If you are contacted by phone about any animals you may or may not own, ask why the person wants to know. If they ask if you have any type of animal for sale, ask for a name, address and phone number, and tell them you or another responsible pet breeder will be in touch with them at a better time.
2. If the person on the phone claims to be an official, ask for the following information and write it down! Keep a notebook of the date and time of the call and of any other calls concerning your animals. Keep these records handy for future reference!
FULL NAME, TITLE, PHONE NUMBER
SUPERVISORS FULL NAME, PHONE NUMBER
AGENCY'S FULL NAME AND FULL ADDRESS
NATURE OF THE INQUIRY (what it is about)
WHY THE INQUIRY IS BEING MADE
HOW YOUR NAME AND PHONE NUMBER WERE OBTAINED
ASK THAT ALL FUTURE QUESTIONS FROM THAT AGENCY BE SUBMITTED IN
WRITING
REMEMBER: You do not have to answer ANY questions! You
don't even have to give your name and address. You are protected
under the Constitution (5th Amendment) from self-incrimination:
DO NOT indicate anything that might suggest you are in violation
of current anti-pet laws. You can refuse to answer questions,
and you don't have to call back to verify anyone's official
identity.
PERSONAL INVESTIGATION: If you
are confronted with some official demanding to investigate your
property, the following responses are recommended:
If the person presents a badge, you should ask for:
HIS FULL NAME AND PHONE NUMBER
HIS SUPERVISORS FULL NAME, PHONE NUMBER
THE AGENCY HE REPRESENTS
HIS BADGE NUMBER
WHY HE IS THERE TO SEE YOU
IS THERE ANY COMPLAINT INVOLVED
WHO MADE THESE COMPLAINTS (he probably won't answer)
WHETHER HE HAS A WARRANT FOR A SEARCH
REQUEST A COPY OF THAT WARRANT (probably he won't have one)
You should answer no questions but ask that he send or deliver
all questions in writing. You should write down the answers to
all of these questions as the conversation proceeds. A simple
notebook will do the job.
If you feel that a search of your home will lead to threatened
confiscation of a pet or a criminal complaint you should refuse
entry to your home unless the sheriff or police are present with
a search warrant. If he says that he can get one easily, then
tell him to do so. Remain cool and polite.
Call
your attorney at the time of threatened seizure and ask him to
help you. Do not answer any questions from the police without
legal advice. Do not offer any explanations regardless of what
they may be (police and enforcement officials have a bad habit
of misinterpreting such explanations!). Remember, everything you
say can and probably will be used against you. Do not volunteer
any dogs or other property.
Call other breeders in the area to warn them and inform them of
the occurrence.
COOPERATION: Remember that cooperation will not usually avoid prosecution. Also remember that seizure of one of your pets without court action, under protest, amounts to prosecution without trial. We repeat - anything you say or do in regard to the attempted seizure or inquiries may be used against you in a criminal or quasi-criminal action. Everything you say or do will probably be used against you. Write down everything that is said or done as it happens. These notes can be valuable evidence to defend yourself at a later time.
http://www.adoa.org/reference/dog_owners_rights.php
Dog Owners Rights
REMEMBER -- YOU DO NOT HAVE TO ALLOW
ANYONE INTO YOUR HOUSE WITHOUT A PROPER SEARCH WARRANT!
SUGGESTED STEPS TO BE TAKEN IN THE EVENT OF LOCAL ANTI-DOG
ENFORCEMENT. The following text outlines methods of inquiry and
enforcement which may be used by local officials in attempts to
enforce anti-dog ordinances in your community and suggested
techniques of response. These techniques are entirely legal and
based upon the rights of citizens as stated by the U. S.
Constitution.
A:
TELEPHONE INQUIRY OR THREAT: You may receive telephone inquiries
concerning the number of dogs you own and whether any dogs or
puppies are for sale. Other questions may also be asked.
Your response should be to inquire "Are you interested in a
puppy?" If the answer is "yes", ask that person for his name,
address and phone number. Suggest that you or a responsible
breeder will contact that person at a more convenient time for
you.
If the answer is friendly and genuinely inquisitive, invite the
person to look at your puppies.
If the question is asked "What price is each puppy being sold
for?", simply say that puppies of this type are being sold for
between "X" and "Y" dollars. Never say that you are selling
them.
If the question is asked "Are these your puppies?", you should
ask "Why do you want to know?"
If your conversation indicates that the person is representing
the county clerk's office or allegedly representing an official
body, ask the caller for:
FULL NAME, TITLE, PHONE NUMBER
SUPERVISORS FULL NAME, PHONE NUMBER
AGENCY'S FULL NAME AND FULL ADDRESS
NATURE OF THE INQUIRY (what it is about)
WHY THE INQUIRY IS BEING MADE
HOW YOUR NAME AND PHONE NUMBER WERE OBTAINED
ASK THAT ALL FUTURE QUESTIONS FROM THAT AGENCY BE SUBMITTED IN
WRITING
If you believe that you are being harassed, do not give your
address or your name; it is not your problem to send the letter.
Make a complete record in writing of the date and time of each
phone call and all the information that was requested by you and
the caller. Keep these records with your dog records so they may
be referred to in the future.
Under no circumstances should you volunteer information or admit
any action which may be in violation of the ordinances over the
telephone. You should not attempt to mislead or otherwise lie to
a caller nor should you treat such a caller with any more
respect than you would a magazine salesman. You do not have to
incriminate yourself under the Fifth Amendment of the U. S.
Constitution and you should certainly not make such statements
over the telephone.
Do not bother to call back to verify identities or information
simply because you are requested to (you are under no obligation
to spend money to aid a criminal investigation of yourself).
B: PERSONAL INVESTIGATION:
If you are confronted with some official demanding to
investigate your property, the following responses are
recommended:
If the person presents a badge, you should ask for:
HIS FULL NAME AND PHONE
NUMBER
HIS SUPERVISORS FULL NAME, PHONE NUMBER
THE AGENCY HE REPRESENTS
HIS BADGE NUMBER
WHY HE IS THERE TO SEE YOU
IS THERE ANY COMPLAINT INVOLVED
WHO MADE THESE COMPLAINTS (he probably won't answer)
WHETHER HE HAS A WARRANT FOR A SEARCH
REQUEST A COPY OF THAT WARRANT (probably he won't have one)
You should answer no questions but
ask that he send or deliver all questions in writing. You should
write down the answers to all of these questions as the
conversation proceeds. A simple notebook will do the job.
If you feel that a search of your home will lead to threatened
confiscation of a dog or a criminal complaint you should refuse
entry to your home unless the sheriff or police are present with
a search warrant. If he says that he can get one easily, then
tell him to do so. Remain cool and polite. Call your attorney as
soon as possible
If you are faced with a threatened seizure without court hearing
or court order, call the police immediately. Also obtain the
names of all persons involved, including police officers. This
may prevent seizure. Please understand that seizure of property,
without due process of law, is unconstitutional, and due process
of law should include a court hearing in every action relating
to such seizure. If the animal control officials or police seize
a dog, they may not destroy the animal or harm it in any way
until a judge has ruled that you are in violation and this can
only occur after a full hearing.
Call your attorney at the time of threatened seizure and ask him
to help you. Do not answer any questions from the police without
legal advice. Do not offer any explanations regardless of what
they may be (police and enforcement officials have a bad habit
of misinterpreting such explanations!). Remember, everything you
say can and probably will be used against you. Do not volunteer
any dogs or other property.
Call other breeders in the area to warn them and inform them of
the occurrence.