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Criminal Aspects of Ivan's Situation
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Member Since:
12 June 2012
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10 July 2012 - 10:51 pm
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Many of you have kindly followed Ivan's story, from when I first mentioned looking to adopt him over three weeks ago, until his death yesterday. Maybe I am writing out of grief, but I wonder your thoughts about the legal issues of his situation.

The facts are that I saw him on Petfinder, drove 5 hours to get him, found him in horrible condition when the foster mom met me at the local pet chain that sponsored the adoption. She was in a hurry to leave, I signed some papers [I'm not even sure if she gave them back to me because they are NOWHERE to be found] because she said her husband couldn't wait for her 'all day'. I paid her, took him home, and the rest of his illnesses you pretty much know: the ticks, fleas, starvation, multiple vet trips, how she lied about how he could climb stairs, no vaccination records or surgery records, how she said she sent the records but I never got anything, and his death.

Here are GA's statutes:

4-11-10. Unlawful acts by licensed persons.

It shall be unlawful for any person licensed under this article or any person employed by a person licensed

under this article or under his supervision or control to:

(1) Commit a violation of Code Section 16-12-4, relating to cruelty to animals, when such

violation occurs on the premises of or is related to the operation of the pet dealership, animal

shelter, kennel, or stable for which the license has been issued or any other such facility

operated by the same person;

(2) Fail to keep the pet dealership premises, animal shelter, kennel, or stable in a good state of

repair, in a clean and sanitary condition, adequately ventilated, or disinfected when needed;

(3) Fail to provide adequate food and water;

(4) Fail to provide adequate and humane care for any dog, cat, equine, or other animal at such

facility; or

(5) Fail to take reasonable care to release for sale, trade, or adoption only those animals which

appear to be free of disease, injuries, or abnormalities.

(3) "Willful neglect" means the intentional withholding of food

and water required by an animal to prevent starvation or

dehydration.

(b) A person commits the offense of cruelty to animals when he

or she causes death or unjustifiable physical pain or suffering

to any animal by an act, an omission, or willful neglect. Any

person convicted of a violation of this subsection shall be

guilty of a misdemeanor; provided, however, that:

(1) Any person who is convicted of a second or subsequent

violation of this subsection shall be punished by imprisonment

not to exceed 12 months, a fine not to exceed $5,000.00, or

both.

Record keeping: Complete and accurate records must be maintained reflecting all

acquisitions, purchases, sales, releases, natural additions, exchanges, adoptions, custodial

care, and health records of all animals. Retail sale records for fish, rodents, and invertebrates

are exempt from record keeping requirement. These records must be maintained for a period

of twelve months and must be made available to the Commissioner or his authorized

representative upon request. In addition, records for dogs, cats, birds, and equine shall

include, but are not limited to, name, address, and phone number of individual(s) involved in

the transaction, date of transaction or activity, type and number of animals, and Georgia

Department of Agriculture animal protection/ stable license number, if applicable.

 

What legal role would the pet chain market have in the transaction? The Dept of agriculture isn't responding. Is the foster mom legally responsible for any of the fallout?

Thx.

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11 July 2012 - 7:18 am
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I don't know about the legal aspects but there has to be a special place in hell for people like this. I can't imagine the range of emotions you must be going through.  My heart breaks for you.

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11 July 2012 - 11:01 am
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Thank you Janedoe.  It feels like heartbreak.

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9 July 2012
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11 July 2012 - 11:30 am
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As a rescuer, I can tell you that PetSmart has no legal liability.  They offer space to rescues, that's it.  Rescues have to agree to full liability for any problems with or resulting from their animals.  You won't get anywhere with that angle. 

 

Instead, any emails, pictures, vet records, witness affidavits, etc, should be sent as a complaint to the municipality where this person resides.  Additionally, if the sponsoring rescue is a 501c3 you should report them to the IRS.  If they are NOT 501c3 you can report them to the state department responsible for licensing and taxation.  Check that state or municipality's ordinances regarding kennel requirements and/or licensing.  Find out if they are a registered business in the state and if not, rport them.  If it is possible to file a report for code violations, do that.

 

And go to the local news media.

 

Frankly, you'll get a LOT farter with the authorities if you focus on money and not on the condition of the animals.  Sadly, politicians and law enforcement don't care about animals, but they darn sure do care about the government coffers.

 

Toni

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30 July 2010
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11 July 2012 - 7:28 pm
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No idea how to deal with the legality of it all, but please keep us updated on your progress.  And we are here to support you where we can.

-Nicole

Chloe became a rear amp tripawd on 7-29-10. Another tumor was removed on front leg 2-20-14. Found 3rd tumor on neck 2-2015, but she's still kicking cancer's butt at age 14. Chloe's blog

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