Hearty thanks to Operation Socialization for offering me a great guest blogger opportunity! Operation Socialization is a network of professional dog trainers and businesses. Operation Socialization’s vision is to raise awareness about the importance of puppy socialization and to provide the humans on the other end of the leash with education and resources to give puppies the best possible start in life.
The first vote was politically very easy and straightforward — after all, who could possibly disagree that there should be a specific cruelty law to address leaving an animal in a car on a hot day? The new City Code Section 5-7-58 will punish leaving an animal in a car that is not air-conditioned if the outside temperature is 70 degrees or hotter with a fine, and makes it a jailable offense to leave an animal in a car if the animal suffers heat stress. The vote took no time, passing 6-0. There was no debate against the law, and plenty of well-deserved kudos to the Animal Welfare League of Alexandria and its hard-working animal control officers for taking the initiative on this issue.
The political temperature on the next vote was unknown — whether City Council would pass a law that would say definitively that electronic collars don’t cut it under Alexandria’s leash laws. (Sound familiar? Who’s said that before…?) Plenty of speakers came out in support of proposed amendment to the leash law, and no one spoke against it.
After the testimony, Vice Mayor Kerry Donley started the discussion with the comment that this law — like the previous one — was a “no brainer.” Donley’s first question to the staff was about the penalty for violating the leash ordinance, which is currently a $100 civil fine. He then asked if that was the most the City could do under state law, and invited the staff to make a recommendation at a later date to stiffen the penalty. And a discussion of possible harsher penalties for recidivists followed. Nicely done, Mr. Vice Mayor!
Councilmember Del Pepper praised the ordinance for giving clear guidance to animal control officers and one more welcome tool for the officers. Councilmember Rob Kupricka commented that electronic collars pose safety issues for the public and not just the animals, and he hoped the new law would aid the officers in confronting off leash dogs.
A crucial question raised by Pepper was how to get the word out to the citizens of Alexandria that electronic collars would no longer suffice as a “leash.” Joy Wilson, the Director of Animal Control, responded that she plans to focus on educating the public about why the law changed. Councilmember Frank Fannon had an excellent suggestion about reaching out through Alexandria’s robust pet care industry to spread the news.
After discussion, the City Council voted — once again, unanimously — in support of the change. With that vote, the City of Alexandria has made it clear that electronic collars pose a sufficient safety threat to the dogs and the public that they will no longer count as “leashes” or “physical restraint” under the leash laws.
Here is the gist of proposed amendment to Alexandria’s ordinance from the definitions section in Section 5-7-31 (j), with new language in bold and italics:
(j) Run or running at large. Roaming or running off the premises of its owner not under the control of its owner or a responsible person capable of physical restraining the dog and not secured by a leash, lead or other means of physical restraint, which leash, lead or other means of physical restraint is not harmful or injurious to the dog and which is held by a responsible person capable of physically restraining the dog. An electronic collar or other similar electronic device does not qualify as a leash, lead or other means of physical restraint.
The second ordinance addresses locking animals in hot cars. The proposed law would make it a misdemeanor punishable by a fine for confining an animal in a car if the outside temperature is 70 degrees or hotter and the car is not properly air conditioned. The law would also make it a crime punishable by a fine and up to twelve months in jail for leaving an animal unattended if the animal suffers heat stress.
Here is the full language of proposed Section 5-7-58:
Sec. 5-7-58 Confinement of animals in vehicles prohibited.
(a) Any person who confines an animal in an unattended, enclosed vehicle where the outside temperature is 70 degrees Fahrenheit or greater, and the interior of the vehicle is not provided with conditioned air to maintain an internal temperature of 80 degrees Fahrenheit or less, shall be guilty of a Class 3 misdemeanor.
(b) Any person who confines an animal in an unattended, enclosed vehicle so as to cause the animal to suffer from heat stress as diagnosed by a licensed veterinarian, shall be guilty of a Class 1 misdemeanor. The Animal Control Officer or other officer shall have the authority to remove any animal found in an enclosed vehicle that appears to be suffering from heat stress. The animal shall be provided immediate veterinary care. The animal owner or custodian shall be responsible for all expenses incurred during the removal of the animal or its subsequent treatment and impoundment.
(c) In the event that the person responsible for the violation cannot be ascertained, the registered owner of the vehicle, as required by Chapter 6 of Title 46.2 of the Code of Virginia (1950), as amended, shall constitute in evidence a prima facie presumption that such registered owner was the person who committed the violation.
Section 2. That this ordinance shall become effective upon the date and at the time of its final passage.
On June 2, 2009, the Medlens’ family dog, Avery, escaped from his backyard in Tarrant County, Texas. Animal Control responded and impounded Avery as a stray. Mr. Medlen went to the pound to claim Avery, but did not have enough money that day to pay the impound fees. The pound told Mr. Medlen that he could return on June 10 to get Avery, and a “hold for owner” tag was placed on Avery’s kennel.
On June 6, a pound employee made a list of dogs to be euthanized the following day, and mistakenly included Avery’s name on that list. Avery was euthanized the next day. The Medlens discovered the mistake and tragic result when they went to reclaim Avery as planned.
The Medlens sued the employee for negligence, claiming damages to compensate them for the unique sentimental or intrinsic value that Avery had. The employee argued that the Medlens weren’t entitled to those kinds of damages, and the trial court agreed with the employee.
On appeal, the pound employee relied on an 1891 Texas case, Heiligman v. Rose, for the proposition that Texas law treats dogs differently than other “personal property,” and limits damages to market value, or some special pecuniary value based on the dog’s usefulness or services. Heiligman involved three dogs who were poisoned. The dogs were bred and “well trained,” and one of the dogs would even bark in three different ways to signal whether a man, woman or child were approaching. The plaintiff in that case testified that the dogs’ “market value” was $5, but that she wouldn’t part with them for less than $50.
Arguing to reverse the trial court, the Medlens cited cases holding that plaintiffs are entitled to the sentimental or intrinsic value of property when the property has little to no “fair market value.” The appellate courts have not had the opportunity to decide cases with companion animals since Heiligman, but have looked at cases involving family correspondence, photographs and other keepsakes, shade and ornamental trees, and wedding veils, shoes, lace collars and watches.
On Friday, the Court of Appeals for the Second District of Texas issued its opinion agreeing with the Medlens, concluding that they entitled to damages reflecting Avery’s sentimental or intrinsic value. The highlight of the Court’s opinion is this wonderful acknowledgment of the special human-dog bond:
Because of the special position pets hold in their family, we see no reason why existing law should not be interpreted to allow recovery in the loss of a pet at least to the same extent as any other personal property. Cf. Bueckner, 886 S.W.2d at 377–78 (Andell, J., concurring) (“Society has long since moved beyond the untenable Cartesian view that animals are unfeeling automatons and, hence, mere property. The law should reflect society‘s recognition that animals are sentient and emotive beings that are capable of providing companionship to the humans with whom they live.”). Dogs are unconditionally devoted to their owners. Today, we interpret timeworn supreme court law in light of subsequent supreme court law to acknowledge that the special value of “man‘s best friend” should be protected.
This case is a wonderful example of how we can work within the confines of the law – which still considers our companions to be personal property – to achieve results that nonetheless recognize the special place that our companion animals have in our lives.
Hearty thanks to Operation Socialization for offering me a great guest blogger opportunity! Operation Socialization is a network of professional dog trainers and businesses. Operation Socialization’s vision is to raise awareness about the importance of puppy socialization and to provide the humans on the other end of the leash with education and resources to give puppies the best possible start in life.
Companion Animal Law Blog 