Question regarding city law & outdoor buns

[Laura]

Hi,

Monday night I discovered 2 rabbits in a cage on the property behind ours.  I don’t know who the rabbits belong to, I also don’t know any of the people that live behind us (there are some duplex’s and an old house). I called local police today and discovered that we have no Animal Control officer anymore. (Totally sucks!) So I spoke with an officer that asked some basic questions, and I told her why I was concerned. She said she was trying to see what the law/codes there were regarding rabbits.  At the time we spoke she found nothing. She really didn’t know what to do (“because we no longer have a Animal Control officer”), and as far as I know she did not come out to look at the rabbits. The cage is tall, 3 levels, I can see a water bottle and a card board box on the top level. I haven’t dared step onto their property to get a closer look.  The cage is up against a very large, metal storage container, and is under a large tree. To me it’s crule.

I got on the city’s website tonight and found a few laws that may apply here.  But what I need to know is this: are rabbits considered a “domestic animal”?  If so, the people that own the rabbits are breaking a few laws.  If not, then all I have is this, maybe: To fail to provide minimum care to any animal within the person’s care, custory, or control; for the purpose of this section, “minimum care” means care sufficient to preserve the health and well-being of an animal and except for emergencies or circumstances beyone the reasonable control of the owner or caretaker, includes, but is not limited to, the following requirements:  from there it goes into “domestic animal” care that may or may not apply.

So if anything I would need to prove/convince the officer that the people are not providing “minimum care” which may be tough.

Unfortunately the poliece have my name and number and address, so I can’t kidnap the buns.  Any other ideas or suggestions to help the rabbits?

Thanks

Laura

[BinkyBunny]

This is really tough because things can change from state to state –even city to city. Unfortunately in many states, Rabbits can still be considered livestock HOWEVER, they can also be classified as pets, so when a person takes the rabbit as a pet, then my understanding is the laws will apply to a rabbit as a pet.(BUT NOT ALWAYS as this has been a fight for many rescues)   But even then, what is considered “minimum” can be far from ideal. Food, water, cover in cold/hot weather (and it doesn’t have to mean indoors)…and needed vet care. I would like to know though out of curiosity, what the guidelines are you found for “domestic” animals for your city. Can you paste that? Then have to find out if your city considers a rabbit a pet (especially when it is being treated as a pet/not livestock). I would contact your local humane society or spca if you have one, as they may have a better idea of city, county and state animal laws, and then go from there.

ETA:  I also found this http://agr.wa.gov/FoodAnimal/Animal…Rules.aspx   which may be a good place to start with your search.  You could also check on the contacts page of that site and ask them. 

Keep us updated with what happens.

Though backyard hutches are not our ideal, as far as I know there is no law against it and there are plenty of people that have them so I doubt there will be much that will be done UNLESS there is no water, no food, the rabbits look like they are not taken care of at all and the cage is not suited for the elements. 

[Kokaneeandkahlua]

The law varies country by country and state by state and even by city. I’m not sure what city you live in too. I’d keep reading online-It takes a LOT of work to wade through government websites. I am certain they have some commitee that ensures it’s imposibly hard to read through. (apologize for my spelling it’s so late)

That does sound-what you bolded-exactly right though. In general animals are considered property not entities, and as long as an owner usually provides water and sometimes food that’s good enough for the law. You’d be surprised the amount of outright neglect that has to occur for an animal even to be taken into custody with no charges pressed.

I’d look at the livestock laws as well though-they are often considered livestock even though they are a domesticated animal. And keep phoning the police-even if they don’t have a control officer-they have to have someone there who can help you. Also check out the SPCA or Humane Society near you. We have an Alberta SPCA that almost strictly deals with animal cruelty and humane law in the small towns that do not have police/animal control, and watchdogs livestock as well.

[Laura]

Here is most of it, it continues after #5, but it doesn’t pertain to this case. I believe the owners are in violation of B and #3 and #5. They are in a cage, no walls, roof, tarp, nothing to protect them from the environment or other animals. I would like to get a closer look to see if they are healthy, if not, will they be taken to the vet? I’m sure they have sores on their paws from the cage.

I volunteer at my local Humane Society. I am the person that takes their rabbits to another Humane Society because they can’t provide good care and won’t have them altered. I drove 2 hours last Sunday transporting 4 rabbits.

6.05.390 Cruelty to animals.
It is unlawful for any person within the city to knowingly, or with criminal negligence to commit, singly or together, any of the following acts or omissions, or to aid or abet another person in the commission of such acts or omissions, which are deemed to constitute cruel treatment of animals:

A. To cause or allow any animal to endure pain, suffering, injury or to fail or neglect to aid or attempt to alleviate pain, suffering or injury which the person has caused to any animal. Such aid shall include the provision of needed veterinary care;

B. To fail to provide minimum care to any animal within the person’s care, custody or control; for the purpose of this section, “minimum care” means care sufficient to preserve the health and well-being of an animal and except for emergencies or circumstances beyond the reasonable control of the owner or caretaker, includes, but is not limited to, the following requirements:

1. In each period of 24 consecutive hours, to provide food of sufficient quantity and quality to allow for normal growth or maintenance of body weight;

2. In each period of 24 consecutive hours, to provide open or adequate access to potable water in sufficient quantity to satisfy the animal’s needs. Neither ice or snow is an adequate water source;

3. In the case of domestic animals, to provide a barn, doghouse, or other enclosed structure sufficient to protect the animal from the wind, rain, snow, or sun, and which has adequate bedding to protect against cold or dampness;

4. To provide veterinary care deemed necessary by a reasonably prudent person to relieve distress from injury, neglect, or disease;

5. No domestic animal shall be confined to an area with inadequate space for exercise necessary for the health of the animal or which does not allow access to a dry place for the animal to rest, or adequate ventilation. Confinement areas must be kept reasonably clean and free from excess mud, waste, or other contaminants which could affect the animal’s health;

[Sarita]

I guess I would have to ask what is considered a “domestic” animal as compared to “livestock” and what do they consider a rabbit (per the law).

Have you asked around to see if you can find their owners? I think I might start asking around since even if you do have a case you don’t have a suspect.

I agree it’s cruel and it’s possible if you find the owner they may relinquish them to the humane society as well – you just never know until you start talking.

[Elrohwen]

Can you tell if they’re providing food? You said they had a water bottle. Do the bunnies look thin? Or in reasonably good condition?

Honestly, as much as I hate to see bunnies living outside, I don’t know if it’s necessarily a cruelty case, know what I mean? If they have a big enough cage plus food and water, I don’t think if you’re going to be able to do anything about it. 🙁

Keep trying though! Like Sarita said, the people might be willing to give them up to the Humane Society if they don’t want them anymore.

[RabbitPam]

I guess I’m the devil’s advocate here, but I would be a little careful about how you approach this with what is basically a neighbor. If it’s someone who lives right behind you, you may open yourself up for trouble with them if it should escalate. I wouldn’t necessarily involve the police, at least not yet.

While the laws may be clear and the ultimate recourse, often neighbors are encouraged to settle problems amicably. I think you have two advantages: one you are a worker at the local humane society, and two – you don’t know exactly who they belong to.
Because of this, I have an idea that might get you more information without too much risk. You could type up a flyer and leave it in their doors, stating that “you are from the local Humane Society shelter and it was brought to your attention that there are two bunnies living outside. It was suggested that they may be abandoned, so you are posting flyers to try to contact the owner. If they are abandoned, or need a new home, you are available to assist.” Do NOT put on your name or home phone number. Tell them to contact the Humane Society, give their phone number, and leave a message for a call back to speak to someone. Get their name and phone number, then call them back from HS. You never have to say you live nearby. If anyone has any information, and you’ll know it’s them by the address, you can find out what the story is and help take them if they need to go to the shelter. If no one calls, then you can follow up with the police as a representative of the shelter, again, protecting you from any possible attention from a hostile neighbor. And if they want help, there you are.

Maybe I sound a little paranoid, but as many, many people in the warm southern climate keep pet rabbits in outdoor hutches and it’s legal, I want you to try a softer, friendly approach with an offer of help before it becomes a police/legal issue. Just a suggestion.

[Laura]

Pam-you are freakin brilliant. I called the cops on the family next door because they neglect their dog. The only thing that changed was they turned into a bunch of @$$%*! and they still neglect the dog.

I’m not an employee of the Humane Society, but a volunteer. But I do often speak with the Director and Manager, so maybe they will go along with this. I did today email the Director and ask her if she is friendly with one of the local police officers, I haven’t heard back from her yet.

Part of what bothers me is that it is not a hutch. A hutch has at least one solid wall and a roof. This is a CAGE. We are supposed to get rain tonight and below 40; I feel so bad for them I could cry.

[Laura]

Posted By Elrohwen on 03/31/2010 02:28 PM
Can you tell if they’re providing food? You said they had a water bottle. Do the bunnies look thin? Or in reasonably good condition?

Honestly, as much as I hate to see bunnies living outside, I don’t know if it’s necessarily a cruelty case, know what I mean? If they have a big enough cage plus food and water, I don’t think if you’re going to be able to do anything about it. 🙁

Keep trying though! Like Sarita said, the people might be willing to give them up to the Humane Society if they don’t want them anymore.

 

I can’t tell, I can’t get close enough. 

[Laura]

I just ran out to speak to our other/good neighbor. He said he thinks the rabbits have been there for about 2 months. He doesn’t know who they belong to and he hasn’t seen anyone feed them (but not like he is gonna stare out his window all day either). My neighbor let me in his yard to take a pic, but I don’t know how to shrink it to get it to post here.

 

 

[Monkeybun]

if you open it in windows paint and hit ctrl-w it will open a window to shrink it

[BinkyBunny]

Oh….that is sad. Just a cage — no real shelter from rain and cold? So awful! Someone MUST be feeding them ore they wouldn’t have lasted this long, but the fact they have NO shelter from the elements has to be some sort of violation. I mean even livestock in most places are required to have some sort of shelter.

Keep us updated!

ETA:   If for some reason, you still can’t get the photo sized down – just email it to me  and I’ll resize and post it to this thread for you.  I am going to phonetically spell out the email address you can send  the photo to (to prevent spambots from getting my email)   

jenniferATBinkyBunnyDOTcom

[Laura]

The Humane Society won’t help me out with this one.  They want me to call the police.   Though because I would be calling dispatch, and not 911, I can tell them to keep my name and address anonymous (of course there is no guarantee). I hate this.

[BinkyBunny]

 Laura sent me the photo of her neighbor’s set-up to post – so we could see first hand what’s going on.

 

.  

 

So Laura – what’s the solid side of it –what’s that in front of it?    Though I do seem to see a food dish, I don’t see hay or water, and is there solid flooring on the top two levels?  And is there some sort  of plastic cover on the the very top?  What is that brown box thing on the third level? 

 

[Sarita]

I don’t see any food or water in this photo. However, they are certainly trying to shade them. While this is totally not acceptable to me, I would need some more information about the situation – we don’t really know anything other than a photo and that you see them. Who knows what the full story is – where they “rescued” from another bad situation and is this better than what they came from and the best these people can do. Really, you need to find the owners or establish there is no owners. Any animal control officer would have to do the same investigation and since you don’t have any, you may be the one who has to seek the information if you want any kind of closure to this.

[Laura]

There is a watter bottle on the left, you can’t see it in the pic. Pellets might be in the long, metal container in the center. There is nothing covering the top, though it looks like it in the pic. Every level is wire, no solid floor. There is a box on the top, not sure if it is cardboard or wood. You can see where they pee and poop, right corner; ovbiously not cleaned. The structure on the very right is a huge, metal container. The person that owns the property (land and a duplex) keeps his rider mower in there, mows once every few months. I have no idea what the other solid structure is on the back.

I guess I can assume that the rabbits belong to someone who rents one of the duplex’s, maybe I can find out who owns the property and contact him. I’m sure the property owner does not allow animals in his rentals (many renters have come and gone over the years, we have never seen anyone with a cat or dog), which may be why the rabbits are outside. And I’m sure it is the best they can do, since it is low-income housing. In which case they shouldn’t have pets if they can’t afford to take care of them.

My best guess is that the person that owns the rabbits is pretty clueless about rabbit care. I see it so often, even with my Humane Society.

[MirBear]

knock on their door, and say your concerned about their bunnies and if they could please look after them PROPERLY and bring them inside or allow you to take them (or the shelter or somthing)

no animal should be neglected like that.. its just SOO wrong on SOO many levels!

man should not be allowed to hold inicent creatures captive like that,  lol another thing that bugs me is house cats, ugh i hate the thought of keeping an animal trapped inside all day!!

[angelicvampyre]

You can always door knock or leave a note on the cage and just say that you are a bunny owner and you noticed the bunny and was wondering if you can have a look at him or do they know the breed or something like that. Do not say they are doing anything wrong just sort of make is casual. You can then mention that you have rabbits and you keep them inside and how much your bunnies like A B or C. Sometimes it is pure lack of knowledge other times it is something else.

[Laura]

I don’t know who owns the rabbits.

I’m not good at that sort of thing, confrontation. Even though I would be nice the entire time, I would get nervous and forget half of what I would say. Then what happens if they don’t care or don’t do anything?  If I call the police they will know it was me.  If I call the police now I can ask to keep it anonymous, but there is also no guarantee that would happen.

[angelicvampyre]

I would suggest that you then report them to the local SPCA they should have case workers or animal control people. You could even take your photos to where you work and see if you can talk to one of the case workers and go from there

[RabbitPam]

I think since the Humane Society won’t help you with this, I would do the non-911 call to the local police and ask to be anonymous. They should investigate it, at least they should contact the building owner, who may be in violation of several things if your description is right about him. And if he doesn’t allow pets on his property, the bunny can go to the HS. You can let the police know that you will be able to help with that, rather than setting the poor thing free which I suspect this owner would do.

[Laura]

As far as I can figure we don’t have a local SPCA. When I google it, it just comes up with humane society, and the one in our city won’t help me (and I volunteer for them!).

I think I’m just going to write a nice, anonymous letter and send it to the 2 addresses the owner could be at. But I’m not sure if I should bring up the city laws and that they might be violating.

[Laura]

Problem is that I already called the PD, and they have my name, number and address on file. The officer did nothing except call me to ask some questions, and I never heard back.

[RabbitPam]

I think a nice letter is a good start. If you want police advice, you could make a call to the nearest major city, and ask to speak to their animal control officer. If they have an email address, you could send the photo above and write your concerns, asking them to advise you. Tell them you are worried about repercussions from irate neighbors, so would appreciate good advice on how to handle it while helping this bunny. City Animal Control officers see much more cases of abuse and know where the line should be drawn. They may know a procedure that you might be able to discuss with your local police if necessary.

[Laura]

Posted By RabbitPam on 04/08/2010 07:13 AM
I think a nice letter is a good start. If you want police advice, you could make a call to the nearest major city, and ask to speak to their animal control officer. If they have an email address, you could send the photo above and write your concerns, asking them to advise you. Tell them you are worried about repercussions from irate neighbors, so would appreciate good advice on how to handle it while helping this bunny. City Animal Control officers see much more cases of abuse and know where the line should be drawn. They may know a procedure that you might be able to discuss with your local police if necessary.

 

k, thanks

[Author]

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