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快三网站平台APP—Every Dog's Legal Guide A Must Have Book for Your Owner

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内容提示: 5th edition快三网站平台APP—Every Dog'sLegal Guide:A Must-Have Bookfor Your Ownerby Mary Randolph, J.D. Nolo’s Legal UpdaterWe’ll send you an email whenever a new edition of your book is published! Sign up at www.nolo.com/legalupdater.Updates @ Nolo.com Check www.nolo.com/updates to fi nd recent changes in the law that aff ect the current edition of your book.Nolo Customer ServiceTo make sure that this edition of the book is the most recent one, call us at 800-728-3555 and ask one of our friendly customer service re...

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5th edition快三网站平台APP—Every Dog'sLegal Guide:A Must-Have Bookfor Your Ownerby Mary Randolph, J.D. Nolo’s Legal UpdaterWe’ll send you an email whenever a new edition of your book is published! Sign up at www.nolo.com/legalupdater.Updates @ Nolo.com Check www.nolo.com/updates to fi nd recent changes in the law that aff ect the current edition of your book.Nolo Customer ServiceTo make sure that this edition of the book is the most recent one, call us at 800-728-3555 and ask one of our friendly customer service representatives. Or fi nd out at www.nolo.com.T e law changes, but Nolo is always on top of it! We off er several ways to make sure you and your Nolo products are always up to date:NOLOalways up to date213 We believe accurate and current legal information should help you solve many of your own legal problems on a cost-effi cient basis. But this text is not a substitute for personalized advice from a knowledgeable lawyer. If you want the help of a trained professional, consult an attorney licensed to practice in your state.NOLOplease note 5th edition快三网站平台APP—Every Dog'sLegal Guide:A Must-Have Bookfor Your Ownerby Mary Randolph, J.D. FIFTH EDITIONILLUSTRATIONSBOOK DESIGNBOOK COVERPRODUCTIONPROOFREADERINDEXPRINTINGOctober 2005Linda AllisonJackie MancusoSusan PutneyMargaret LivingstonSheryl RoseMedea MinnichConsolidated Printers, Inc.Randolph, Mary.快三网站平台APP—Every dog’s legal guide : a must-have book for your owner / by Mary Randolph.-- 5th ed.p. cm.Includes index.ISBN 1-4133-0355-2 (alk. paper) 1. Dogs--Law and legislation--United States--Popular works. 2. Dog owners--Legalstatus, laws, etc.--United States--Popular works. I. Title.KF390.5.D6R36 2005343.7304'7--dc222005047760Printed in the USA. ALL RIGHTS RESERVED. Copyright © 1988, 1989, 1994, 1997, 2001, and 2005 by MaryRandolph.No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by anymeans, electronic, mechanical, photocopying, recording or otherwise without the prior written permission of thepublisher and the authors.For information on bulk purchases or corporate premium sales, please contact the Special Sales Department.For academic sales or textbook adoptions, ask for Academic Sales. Call 800-955-4775 or write to Nolo at950 Parker Street, Berkeley, CA 94710. AcknowledgmentsI owe the idea for this book to Steve Elias, who also made many goodsuggestions on the manuscript.Editors Jake Warner and Barbara Kate Repa kept me, and the book,going. Without their sharp minds and sharp wits, this book wouldn’t behalf as good, and writing it wouldn’t have been half as fun.I’m very grateful to the people who reviewed the manuscript or pro-vided expertise: my friend Loren Gerstein, formerly a mediator withCommunity Boards of San Francisco; Terri McGinnis, practicing veterinar-ian and author of The Well Dog Book and The Well Cat Book; Mike Mansel ofInsurance Associates; the late Phyllis Wright of the Humane Society of theUnited States; and two dog-lovers, Robin Leonard and Lulu Cornell. Specialthanks to Stanley Jacobsen, a constant source of clippings, good humor,and M&Ms.Ella Hirst did extensive and very helpful updating for the fourthedition.Jackie Mancuso and Susan Putney have both created wonderful coversfor this book. Toni Ihara and illustrator Linda Allison also helped make thebook look so good.Finally, my thanks to all the people of Nolo, who’ve kept me suppliedwith dog cartoons, anecdotes, news stories, and title suggestions (howabout “In Pro Pup” or “Dog Do’s and Don’ts”?). ContentsIntroduction1Dogs and PeopleA Little History ................................................................................................................... 1/2The Dog’s Place Today ........................................................................................................ 1/4Dogs in the Law ................................................................................................................ 1/102State and Local RegulationLicenses .............................................................................................................................. 2/3How Many Dogs Can You Keep? ......................................................................................... 2/5Vaccinations........................................................................................................................ 2/6Leash Laws.......................................................................................................................... 2/8Off-Limits Areas................................................................................................................ 2/10Impounding and Destroying Dogs .................................................................................... 2/11Lost and Found Dogs ........................................................................................................ 2/17Spay and Neuter Requirements ......................................................................................... 2/19Pooper-Scooper Laws........................................................................................................ 2/21Dogs in Vehicles ............................................................................................................... 2/23Animal Burial Restrictions ................................................................................................. 2/23 3Buying and Selling DogsRegulating Sellers ................................................................................................................ 3/1Putting a Sale Agreement in Writing ................................................................................... 3/6Special State “Lemon Laws”............................................................................................... 3/10Warranties: What Did the Seller Promise? ......................................................................... 3/11What to Do If You’re Unhappy After the Sale .................................................................... 3/134Landlords and DogsNegotiating a Fair Lease ...................................................................................................... 4/2Elderly or Disabled Tenants ................................................................................................ 4/6Enforcing No Pets Clauses .................................................................................................. 4/9Condominiums and Planned Developments ..................................................................... 4/14Landlord Liability for Illegal Evictions............................................................................... 4/16Landlord Liability for Tenants’ Dogs ................................................................................. 4/165VeterinariansThe Owner-Veterinarian Relationship ................................................................................. 5/1Health Insurance for Dogs................................................................................................... 5/5If a Dog Injures a Veterinarian ............................................................................................ 5/6Veterinarians’ Duty to Treat Animals................................................................................... 5/7Euthanasia .......................................................................................................................... 5/9Complaining About a Vet.................................................................................................... 5/9Veterinary Malpractice ...................................................................................................... 5/10Other Lawsuits Against Veterinarians ................................................................................ 5/16 6Traveling With Your DogThe Not-So-Friendly Skies .................................................................................................. 6/2Special Hawaii Rules ......................................................................................................... 6/14International Travel........................................................................................................... 6/16On the Road ..................................................................................................................... 6/17Buses, Trains, and Ships.................................................................................................... 6/187Barking DogsTalking to Your Neighbor ................................................................................................... 7/2Mediation: Getting Another Person to Help ........................................................................ 7/5State and Local Laws ......................................................................................................... 7/12Animal Control Authorities ............................................................................................... 7/14Police ................................................................................................................................ 7/15Small Claims Court ........................................................................................................... 7/178Assistance DogsTypes of Assistance Dogs .................................................................................................... 8/2Access to Public Places ........................................................................................................ 8/4Rental Housing ................................................................................................................... 8/7Assistance Dogs in the Workplace....................................................................................... 8/8Traveling With Assistance Dogs .......................................................................................... 8/9Exemptions From Local Regulations ................................................................................... 8/9Income Tax Deductions for Guide Dogs............................................................................ 8/10Public Assistance............................................................................................................... 8/11 Assistance Dogs and Creditors .......................................................................................... 8/11Penalties for Injuring Guide Dogs ..................................................................................... 8/129If a Dog Is Injured or KilledWhen Killing a Dog Is Justified ........................................................................................... 9/2Unjustified Injury to a Dog ................................................................................................. 9/5Dogs Hurt by Other Dogs ................................................................................................... 9/7If the Dog Owner Is at Fault, Too ....................................................................................... 9/8Compensating the Dog Owner .......................................................................................... 9/10If Your Dog Is Hurt or Killeed ........................................................................................... 9/20Lawsuits............................................................................................................................ 9/23Claims Against the Government........................................................................................ 9/251 0Providing for PetsWhy You Can’t Leave Money to a Dog—And What Happens If You Try........................... 10/3Strategies for Taking Care of Pets ...................................................................................... 10/4Arranging for Veterinary Care ......................................................................................... 10/12Will Provisions That Order Animals Destroyed ............................................................... 10/141 1Dog BitesFor Dog Owners: How to Prevent Injuries ........................................................................ 11/2If You’re Hurt by a Dog..................................................................................................... 11/4Dog Owner Liability.......................................................................................................... 11/6 A Dog Owner’s Legal Defenses ........................................................................................ 11/17Who Is Liable: Owners and Keepers ............................................................................... 11/24What the Dog Owner Must Pay For ................................................................................ 11/28Liability Insurance .......................................................................................................... 11/31Negotiating With the Owner or Insurance Company ...................................................... 11/37Bringing a Lawsuit .......................................................................................................... 11/39A Small Claims Court Case ............................................................................................. 11/39Injury to Livestock .......................................................................................................... 11/471 2Dangerous DogsDangerous Dog Laws ........................................................................................................ 12/2Criminal Penalties for Owners of Dangerous Dogs ............................................................ 12/8Breed-Specific Restrictions .............................................................................................. 12/101 3CrueltyWhat to Do If You Suspect Mistreatment .......................................................................... 13/2Cruelty and Neglect .......................................................................................................... 13/4Organized Dog Fighting.................................................................................................. 13/13Scientific Research .......................................................................................................... 13/14Killing Animals for Religion or Food ............................................................................... 13/16 Appendix1Legal ResearchFinding a Statute or Ordinance ........................................................................................ A1/2Finding a Case ................................................................................................................. A1/4Background Research....................................................................................................... A1/6State, Local, and Agency Websites ................................................................................... A1/7Appendix2State StatutesDog-Bite Statutes.............................................................................................................. A2/1Assistance Dogs: Access to Places of Public Accommodation........................................... A2/2Assistance Dog Access: Housing....................................................................................... A2/4 IntroductionThe law is a dull dog. —CHARLES DICKENST his book is for people who own dogs, live next door to dogs, get bittenpopulation at an estimated 73 million, includes just about everybody.Back when most Americans lived on farms or small towns, few legalrules affected dogs and their owners. After all, most dogs were unlikely torun afoul of the law unless they harmed livestock—an offense for whichthere were universally harsh penalties.Not so in modern society. Increasing urbanization has meant stepped-up animal regulation. In both crowded cities and sprawling suburbia, thereis too much traffic and too little open space to allow dogs to run loose. Andto protect ourselves from dogs whose owners we no longer know, vaccina-tions, licenses, and sometimes even liability insurance are required.Legal questions come up constantly. What can I do if the dog down thestreet barks all night? How many dogs can my neighbor keep? What can Iby dogs, or otherwise deal with dogs—which, with the American dog 2....................................................................................................................................E V E R Y D O G ‘ S L E G A L G U I D Edo if I buy a dog and find out it’s not healthy? Am I legally liable if my dogbites a child who’s teasing it? Can my landlord, who told me I could have adog, evict me for violating the no pets clause in the form lease I signed?This book answers many common questions, or shows how to find theanswers as quickly and easily as possible.Most law that governs animals is local: it is controlled by cities andcounties. State law is involved to a lesser, but increasing, degree, and federallaw hardly at all. So “dog law” varies every time you cross a city boundary.Obviously, no one book can tell you what the law is in every town in thecountry. But we can tell you what to look for and what to expect, and steeryou to the right place or people so you can find it yourself.In fact, the local nature of dog law is usually an advantage when you’retrying to find out the rules in your town. Your legal research may be assimple as searching your city’s ordinances online or going to the publiclibrary, opening up the big three-ring binder that contains the city ordi-nances, and reading the entries under “Dogs.” For questions that can’t beanswered that easily, we offer some legal research tips in Appendix 1.A note on endnotes. At the end of each chapter, there are endnotes,which contain legal citations to important statutes, court decisions, orinteresting articles, so that interested people can look them up for them-selves. 1Dogs and PeopleD O M E S T I C A T I O N . D O G S A S C O M P A N I O N S .D O G S A S T H E R A P I S T S . L E G A L H I S T O R YF irst as scavengers, later as companions, servants, and protectors, dogsmodern world is uncertain. Dogs fit easily into past human societies basedon hunting and gathering, and later on agriculture, but less room is left forthem in today’s cities. Forty percent of U.S. households have at least onedog, according to the American Pet Products Manufacturers Association.But dogs are now outnumbered by cats. Writer Cullen Murphy summedup, only half-facetiously, the broader implications of this shift:have been with us a long, long time. But the fate of dogs in the crowded 1 / 2....................................................................................................................................E V E R Y D O G ‘ S L E G A L G U I D EConsider an America congenial to the dog: it was a place of nuclear orextended families, of someone always home, of children (or pets) looked afterduring the day by a parent (or owner), of open spaces and family farms, ofsticks and leftovers, of expansiveness and looking outward and beingoutside....Consider an America conducive to the cat: it is a place of workingmen and women with not much time, of crowded cities, of apartmentbuildings with restrictive clauses, of day-care and take-out food, of self-absorption and modest horizons.1Increasing intolerance for dogs is shown in more and more laws, whichregulate when dogs must be confined, where their owners may take them,and even how many may live in a house. But before getting into the legalrules, here’s a brief look back at the shared history of people and dogs, andhow they’ve come to play such a ubiquitous role in our society.A Little HistoryOnly two animals have entered the human household otherwise than asprisoners and become domesticated by other means than those of enforcedservitude: the dog and the cat.—KONRAD LORENZ, Man Meets DogMost people think they know how dogs came to be part of the humanfamily: someone living in a cave took in an orphaned wolf puppy andtamed it. Or wild dogs hung around human encampments looking forscraps and gradually got tame. Or wolves started hunting in cooperationwith humans and were rewarded with a share of the kill. Probably none ofthese theories is accurate. But luckily for all of us who like to speculate, wemay never know for sure.Experts differ on just when dogs were domesticated. Some say theevidence indicates domestication as far back as 14,000 years ago. Almost all D O G S A N D P E O P L E1 / 3....................................................................................................................................agree that the dog was the first—by as much as several thousand years—domesticated animal.What wild animal metamorphosed into the modern dog—an animal wenow know so well that its Latin name is Canis familiaris? With the advent ofDNA sequencing, there is no longer much doubt that the gray wolf (Canislupus) is the ancestor of the modern dog. Some biologists even considerthem the same species, and dogs have almost certainly been cross-bred towolves since domestication.Dogs are biologically suited to domestication, says one writer, becauseof their tendencies toward curiosity, a willingness to move, and the abilityto learn throughout life. These traits (which are shared by humans, by theway), allowed them to approach human settlements and enter into asymbiotic relationship with people.2After agriculture replaced hunting and gathering, and permanentsettlements replaced the nomadic way of life, selective breeding of domesticanimals began in earnest. It is that breeding—the human tinkering withcanine evolution—that eventually led to today’s astonishing variety ofdomestic dogs. People bred dogs to emphasize certain desired characteris-tics and, over the years, developed breeds with the traits they needed. Thusthe coursing hounds—salukis, greyhounds, and others—got the long legs,good eyesight, and slender build they needed to chase prey long distancesover open terrain. (Believe it or not, the original idea was not to have themchase mechanical rabbits around a track.) Other hounds—bassets, beagles,and bloodhounds, for example—got their extraordinarily keen noses, whichenable them to trail prey. Herding dogs such as collies and sheepdogs werebred for intelligence and the herding instinct. Toy poodles, Chihuahuas,and other tiny dogs are scaled-down versions of full-sized ancestors. Thelist goes on. 1 / 4....................................................................................................................................E V E R Y D O G ‘ S L E G A L G U I D EBUT DON’T BRING YOUR DOGThe Dog Museum, in St. Louis, Missouri, contains more than 1,500paintings, photographs, sculptures, and prints of dogs. Browse all youwant—but your dog will have to wait outside.The museum is located in Queeny Park, at 1721 South MasonRoad, St. Louis, MO 63131, 314-821-3647.The Dog’s Place TodayDogs still herd sheep, sniff out drugs, help their disabled owners, and guardbuildings. But the main contribution of most dogs these days is companion-ship. Dogs make people smile and laugh, give them uncomplicated andunconditional love, and stick with them when others have gone.Dogs as CompanionsDachshunds are ideal dogs for small children, as they are alreadystretched and pulled to such a length that the child cannot do much harmone way or the other.—ROBERT BENCHLEYStudies and surveys of dog owners consistently reach a simple but impor-tant conclusion: Pets make their owners happy. For example, take a 1984Psychology Today magazine survey.3 Thirteen thousand readers replied,including enough non-pet-owners (12%), the magazine concluded, to allowsome conclusions to be drawn about differences between the two groups.Pet owners were more satisfied with their lives, both past and present. (Thatresult may be partially explained by demographics: the owners were as a D O G S A N D P E O P L E1 / 5....................................................................................................................................group more affluent, though less well educated, than the nonowners; also,more of them were married.) Fifty-seven percent of pet owners, if strandedon a desert island, would prefer to be with their pet than another person,according to the American Animal Hospital Association.4WHAT ELSE PET OWNERS TOLD PSYCHOLOGY TODAY• Ninety-nine percent talk to their pet.• Three-quarters felt getting a pet made for more fun and laughter in thefamily.• Half keep pictures of their pet in a wallet or on display.• One-quarter have a drawing or portrait of their pet.• One-quarter celebrate the pet’s birthday.Many parents get a dog “for the children,” because they believe thatgrowing up with a dog gives a child companionship and teaches responsi-bility, gentleness, and compassion. They’re right, according to severalstudies. For example, a group of preschoolers allowed to care for a puppy attheir school became more cooperative and sharing, according to theresearchers who studied them. “They have to put themselves in the pet’sposition and try to feel how the pet feels,” explained one researcher. “Andthat transfers to how other kids feel.”5On a standardized personality test (the Minnesota Multiphasic Person-ality Inventory), graduate students who had owned dogs as childrenshowed significantly higher self-esteem (“ego strength”) than those who hadnot had pets. The researcher theorizes that having a dog lets a child formattachments without fear, because of the unconditional acceptance the doggives the child. The dog’s trust helps the child trust himself.And perhaps children should consider getting a dog “for the parents.”According to one study of 454 new parents, men who are attached to theirpet dogs also make better fathers. The dog-owning dads consistently scoredhigher on tests geared to measure their perceptions of happiness about theirrelationship with their babies, their marriages, and their role as fathers. 1 / 6....................................................................................................................................E V E R Y D O G ‘ S L E G A L G U I D ETHOSE BRITS AND THEIR DOGSThe French may take their dogs to restaurants, but no people love theirdogs more than the British. (Witness all those photos of Queen Eliza-beth with her corgis.) The tens of thousands of pet owners who re-sponded to an unscientific survey by the BBC in 2004 reported that:•65% of pet owners buy birthday presents for their pets•59% of dog owners let pets sleep in their bedroom, and•59% of pet owners miss their pets most when they go away, com-pared to 27% for partners, 11% for children, and 3% for friends.Dogs as TherapistsA psychotherapist would have much to learn from watching the way a doglistens.—DR. VICTOR BLOOM6Four out of five people who responded to the Psychology Today survey saidthat when they were lonely or upset, pets were often their closest compan-ions. One woman in a difficult family situation wrote that without her dog,she “could not tolerate life.”This finding explains why the most striking benefits of an animal’scompanionship are reaped by people who lack close human relationships:neglected or disturbed children, lonely older people, or prison inmates. Forexample, a study of fifth-graders found that for children who were emotion-ally neglected, pets served as confidants and friends—in essence, substituteparents.7Therapists and administrators now routinely use animals to treat ormanage such patients.8 But for the most part, animals entered into theworld of psychological therapy serendipitously. One psychiatrist, forexample, happened to have his dog in his office when a young patient cameearly for an appointment; the dog became an integral part of the child’stherapy. In the 1970s, an entire course of research was triggered whentroubled adolescents in an Ohio State University hospital—many of whom D O G S A N D P E O P L E1 / 7....................................................................................................................................had refused to communicate with the staff—asked to play with dogs usedfor behavioral research, which they had heard barking in a nearby kennel.Even the most withdrawn patients improved after contact with the dogs.GET INVOLVEDMore and more groups are looking for volunteers to take animals to visithospitals, nursing homes, adult day care centers, and special children’streatment centers.For more information, contact a local humane society or TherapyDogs International at www.tdi-dog.org, or check out www.dog-play.com/therapy.html.In one study of children with severe emotional problems, half weregiven traditional therapy, and the rest were allowed to play with a dogduring their therapy sessions. The children who received conventionaltreatment got worse (as measured by standard tests of ability to controlthemselves and empathize), but the children who played with dogs gotbetter. 1 / 8....................................................................................................................................E V E R Y D O G ‘ S L E G A L G U I D EIt is not an exaggeration to say that pets can give people a reason tolive. Often, people institutionalized in prisons or hospitals, for example,have no goals, no responsibility, no variety in their lives. Animals, either asvisitors or residents, make the atmosphere more home-like and can have awonderful, enlivening effect on morale.An institutionalized person who is allowed to care for a pet maybecome more alert, involved, and sociable. As one prison psychiatric socialworker put it, “the therapeutic results are nothing short of miraculous.”9Take the story of Jed, who had been in a nursing home for 26 years aftersuffering brain damage in a fall. He was believed deaf and mute. When hesaw Whiskey, a German shepherd-husky dog that had just been placed inhis nursing home, he spoke his first words in 26 years: “You brought thatdog.” He began to talk to the staff and other residents, and to draw picturesof the dog.10PETS ARE GOOD FOR YOUThe Delta Society (www.deltasociety.org) has put together a long list ofthe health benefits of owning a pet that have been documented byscientific research. Here are just some of them:•People with borderline hypertension had lower blood pressure ondays they took their dogs to work.•Seniors who own dogs go to the doctor less than those who do not.•Pet owners have lower blood pressure and lower triglyceride andcholesterol levels than nonowners.•Contact with pets develops nurturing behavior in children, who maygrow to be more nurturing adults.•Pet owners have a higher one-year survival rate following coronaryheart disease.•Having a pet may decrease heart attack mortality by 3%. Thistranslates into 30,000 lives saved annually.•Children exposed to pets during the first year of life have a lowerfrequency of allergic rhinitis and asthma.•Children who own pets score significantly higher on empathy scalesthan nonowners.•Owning a pet can enhance children’s cognitive development andself-esteem. D O G S A N D P E O P L E1 / 9....................................................................................................................................Dog owners go to the doctor less than people who don’t own dogs,concluded another study of 1,000 elderly Californians. Dog owners had21% fewer contacts with physicians than did participants who didn’t owndogs. The researcher, UCLA professor Judith M. Seigel, surmised that thedogs were a “stress buffer,” which lessened the need of their owners to seekout physicians in times of psychological stress.11If you do get sick, a pet can help you get better faster. One studycompared postcoronary survival of pet owners versus nonowners; amongthe pet owners, 50 of 53 lived at least a year after hospitalization, comparedto 17 of 39 nonowners. Even eliminating patients who owned dogs (whosehealth might have been improved just from the exercise of walking thedog), the pet owners still did better. In a follow-up study, the same re-searcher found that pet owners’ worry about their animals actually speededtheir convalescence by providing “a sense of being needed and an impetusfor quick recovery.”Now that scientists in the medical and psychiatric communities haveaccepted what pet owners have always known—that animals make peoplefeel b...

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