• There has been a recent cluster of spammers accessing BARFer accounts and posting spam. To safeguard your account, please consider changing your password. It would be even better to take the additional step of enabling 2 Factor Authentication (2FA) on your BARF account. Read more here.

Questions re: Animals being public nuisance ( City of San Jose )

phocup

phocup

New member
Joined
Mar 19, 2011
Location
SJ
Moto(s)
09 SVS
So after a disagreement with a neighbor .. I went home to do some research and found this section of San Jose ordinance:

7.40.010 Public nuisance.
A. No owner/guardian or person with a right to control the animal may allow the animal to commit any of the following acts:
1. Defecate or urinate on private property other than the private property of the owner/guardian or the person with a right to control the animal.
2. Defecate on public property without immediately removing the excrement to a proper receptacle.
3. Obstruct the reasonable and comfortable use of public or private property by chasing vehicles, or molesting passersby.
4. Habitually disturb the peace and quietude of any neighborhood or person, by howling, barking, crying, baying, or making any other noise.
B. No owner/guardian or person with a right to control an animal may keep, use, or maintain any animal in violation of the proper and adequate care requirements under Part 1 of Chapter 7.20.
C. Any violation of this section is hereby declared to be a public nuisance.
D. An animal services officer may seize and impound any animal causing a public nuisance.
E. Any private person may maintain an action under Civil Code Section 3493, as may be amended, for compliance with the requirements of this section.
Click to expand...

So I always always walk my dog with a bag. Sometimes he'll pee on the left side of the sidewalk, sometimes he'll pee on the right side ( on someone's front lawn ). Regardless of which side, I always clean up the poop after he's done. Obviously with pee, you can't clean it up.

If I see a sign up that says "keep your dog off my lawn", I respect the sign and keep him off. If someone see hims doing his business on their lawn and tells me they don't like it, I'll keep him off it the NEXT time.

I thought that was pretty neighborly and is what the law required but I guess it turns out I was wrong ?

According to this ordinance .. any ( even first time ) violation of section 1 means that the home owner could call animal control to seize your dog ?

Is this true ? Does it apply in all situation or is there exceptions ? I'm not a lawyer but it seems that you could lose your dog just for them peeing on a front lawn even if there's no signage and you clean up the poop. A bit extreme ?
 
Not to be rude, but most of us will have no clue to your answer. Plus, your post is missing something; Specifically how this relates to....

attachment.php
 

Attachments

  • Screen Shot 2013-12-19 at 2.45.jpg
    Screen Shot 2013-12-19 at 2.45.jpg
    29.5 KB · Views: 1,010
Figures most police officer ( even motos ) with be familiar with general san jose ordinance.

Apologies if I was wrong. Guess my next step would be to call animal control and ask.
 
Last edited:
The ordinance says "may", not "shall". That just means they could seize a dog that is a nuisance, not that they have to. But in this case, that would clearly be unreasonable. Continue to be neighborly and you have nothing to worry about.

The ordinances are written this way to give the animal control officers options to help resolve problems.
 
Regardless of any ordinance, it's common fucking sense to not let you dog piss on someone else's property. Dog piss kills grass. Show some respect for your neighbors. I don't know you from Jack, but too many people have dogs that don't have the space and/or a yard for them. This is coming from a guy that would love to have a dog but realizes now is not the time due to where I live.
 
Doesn't say anything about you taking a shit on their lawn...
 
Can this apply to cats, then? I've got a neighbor's cat that dumps & pees all over my property, plus irritates the hell out of my dog.

Oh, and thanks for having this where it belongs (LEO Forum FTW).
 
A little common sense and courtesy goes a long way. Don't leave your dog's huge steamer on their lawn. Animal Control isn't going to seize a dog for a one-time offense.
 
Cincinnatus said:
Can this apply to cats, then? I've got a neighbor's cat that dumps & pees all over my property, plus irritates the hell out of my dog.

Oh, and thanks for having this where it belongs (LEO Forum FTW).
Click to expand...

Cats were discussed in a thread a couple months ago. Some people said "they're cats, they shit where they shit, what's the problem". Other people said it's disgusting it doesn't matter if it's a cat or a dog.
 
Preaching to the choir re: cats .. my neighbors have 6 "outdoor raised" cats who equates my tan barks to cat litter.

Which is why I'm very good about cleaning up after my dog's POOP. As far as piss goes, I admit its probably not the best thing for grass. This doesn't excuse doing it on private property, however in this particular instance, the neighbor in question was doing construction in the front yard and had already dug it up so my dog actually peed on dirt.

Regardless, after much reflection, I think its best to be on the safe side and just keep him off people' front yard in general. It says "may" but never know if you're gonna be the unlucky SOB that catches an animal control person on a bad day.

Thanks for everyone's reply.
 
I have an asshole in our neighborhood. My gf was walking our really old dog and he decided to sit down on the guy's lawn. Not shit, not piss, just sit down. He's old and weighs 110 pounds. When he sits, there really isn't much you can do about it. He's been known to sit in the middle of a crosswalk, in people's driveways and the entrance to shops. He usually does this because he wants to meet whomever is there.

Anyways, this guy comes out and starts yelling to get your dog off my lawn. My gf responds that he is old and just taking a break. He continues to yell at her and she eventually drags him off the asshole's lawn. I repeat, there was no piss or shit involved.

So now, I walk all of my dogs by his house and encourage them to use his lawn as their personal toilet. Fuck him. I am courteous, but if you are a dick, so can I be.
 
I have an asshole in our neighborhood. I had just put in some rather delicate and expensive plants in my lawn, and this guy's GF took the dog for a walk, and the damned dog decided the best place to rest his huge ass was right on top of my $400 plants. Well, I got pissed and told the GF to get that fat dog off my property so I could try to salvage my plants. The GF gave me some tired old BS about the dog's arthritis & dementia, but I really could give a sh$t about that, it was killing my plants.

Now this smartass does nothing but try to get all of his freaking dogs to use my lawn as a toilet. I'm about ready to call animal control, or just electrify my yard. Smoked dog coming up....

:teeth
 
Right .. because electric fencing is so much easier to put up than a simple sign that says .. stay off my lawn please.

Also PS .. if your electric fencing actually injures the dog / owner .. you're liable .. google robber that sued home owner and won if you dont believe me. Just FYI.
 
Situational shrug.

Long handled shovel and catapult toss of dog shit back to neighbors yard leaves land mines for him when he mows and a puzzle for his golden retriever who swears that he only shits in my yard.
 
Electric fence is a waste. Best I've seen is a sprinkler (rain bird) hooked to a motion sensor and electric water valve. I'd bet that'll work just fine and causes no damage.
 
IBYS said:
Electric fence is a waste. Best I've seen is a sprinkler (rain bird) hooked to a motion sensor and electric water valve. I'd bet that'll work just fine and causes no damage.
Click to expand...

Is that what you use for your wife?
 
You must log in or register to reply here.
Back
Top