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Reporting Animal Abuse |
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Cruelty and/or neglect of animals is against the Law. If you are concerned about an animal's welfare and suspect curelty or neglect, please contact ACS immediately.
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 Humane treatment of an animal includes providing it with adequate shelter, food, water, and exercise, as well as any necessary veterinary care. To ensure proper animal health, it is recommended that owners have their pets examined by a veterinarian at least once a year. A number of state and local laws prohibit animal cruelty, a crime punishable as a felony or misdemeanor. In general, "cruelty" includes every act, omission, or neglect whereby unnecessary or unjustifiable physical pain or suffering is caused or permitted (Penal Code Section 599b).
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WHEN IN DOUBT, REPORT!!!
Frequently Asked Questions About Animal Abuse
Q: What happens after I file an animal abuse report?
A: If you make an online report or contact Animal Services Dispatch directly, they will assign an Animal Services Officer to investigate the call.
Q: Can I report anonymously?
A: You can begin your report anonymously, but if the results of the investigation of the call lead to citation and arrest of the animal owner, we no longer can protect your anonymity due to laws about disclosure of information and because the accused has a right to face his/her accuser. In the event of a criminal case, we will need the reporting party to be able to testify. It is very important that you report animal abuse. You may be the only person who speaks up for this animal…
Q: What happens to animal abusers?
A: Animal Services takes animal abuse very seriously. We will prosecute animal abusers to the full extent of the law. The punishment for animal abuse varies with the nature and severity of the crime. Animal abuse can be charged as a municipal infraction, or criminally as either a misdemeanor or a felony depending on the nature and the severity of the crime.
Q: What if I witness a stranger kick his dog?
A: Call 9-1-1 immediately and report the incident. The police can usually get to the scene quicker than Animal Services. The Police Department will in turn notify Animal Services to respond as well. Animal Services will follow up on the incident as best we can.
This is something that you might witness in passing and Animal Services and the Police Department may not have any other way to locate the dog owner later. It is important to get a description of the dog owner, the dog and the direction of travel. Take note if are there any other people or dogs with the person who kicked the dog. Get descriptions of them as well. If you can follow the person at a safe distance while waiting for the police to arrive, do so.
Q: What if I witness a person I know kick or otherwise harm his dog?
A: Report the incident to Animal Services as soon as possible following the incident. Animal Services Dispatchers will ask you for the name of the dog owner, the address of the dog owner, the date and location of the incident and the nature of the incident. They will ask for your information as the reporting party.
Q: If I have concerns about the care and conditions of an animal, but I am not sure I want to make a formal report, what can I do?
A: If you feel like it is safe for you to approach the person who you feel is not taking adequate care of their animal, tell them about your concerns yourself. Some people are approachable and are open to suggestions and will change the way they care for their animal if they are educated on a better way. Do not put yourself in jeopardy. If in doubt, or you feel unsafe about making contact with the animal owner, call Animal Services Dispatch and an Animal Services Officer will investigate the issue.
Q: My neighbor ties his dog out to a tree or stake in the yard all day. Is this legal?
A: No, tying or staking out a dog is not legal. Dogs can not be tied outside to stationary objects. It is legal to create a pulley system and have a dog on a runner line where the dog has access to water and shelter.
ANIMAL CARE & KEEP RELATED SAN JOSE MUNICIPAL CODES
SJMC 7.20.010 Proper and Adequate Care
It is unlawful for any person to keep, use, or maintain any animal without proper and adequate care in violation of any of the provisions of this part.
SJMC Shelter and Shelter Maintenance Requirements
A. Any animal maintained outdoors must have adequate shade or shelter such that the animal can protect itself from the direct rays of the sun when the sunlight is likely to cause overheating or discomfort, and the animal can remain dry during the rain.
SJMC 7.20.030 Water Requirement
A. The animal must have access to clean potable water at all times unless restricted for veterinary care.
SJMC 7.20.040 Food and Feeding Requirements
A. The animal must be provided food that is wholesome and contains sufficient quantity and nutritive value to maintain a healthy body weight and meet the normal daily requirements for the condition and the size of the animal.
SJMC 7.20.050 Veterinary Treatment Required
The animal must receive veterinary treatment from a veterinarian licensed by the state of California when such treatment is necessary to alleviate the animal’s suffering or prevent the transmission of disease.
SJMC 7.20.070 Exercise Requirement
The animal must be provided the opportunity to exercise in order to maintain normal muscle tone and mass for the age, size and condition of the animal.
SJMC 7.20.070 Transportation Requirement
The animal must be handled, moved, or shipped in a manner consistent with Section 7.40.090 and to insure the health and safety of the animal.
SJMC 7.20.080 Dog Confinement Requirement
A. No dog may be tethered, fastened, chained, tied, or restrained to a shelter, tree, fence, or any other stationary object, except in accordance with Penal Code Section 597t, as may be amended.
SJMC 7.20.090 Fenced Premises Requirement
If a fence is the primary means of confining the anima, the fence must be maintained in a manner to prevent the animal from running at large in violation of Section 7.40.030.
SJMC 7.20.320 Chain Collar Prohibited
It is unlawful for any person to use a chain as a collar for any animal except during training sessions under the direct supervision of the owner/guardian or person with a right to control the animal.
ANIMAL CARE & KEEP RELATED STATE OF CALIFORNIA CODES
CA Penal Code 597t Confined Animals
Every person who keeps an animal in an enclosed area shall provide it with an adequate exercise area. If the animal is restricted by a leash, rope, or chain, the leash, rope, or chain shall be affixed in such a manner that it will prevent the animal from becoming entangled or injured and permit the animal’s access to adequate shelter, food and water. Violation of this section constitutes a misdemeanor.
This section shall not apply to an animal which is in transit, in a vehicle, or in the immediate control of a person.
CA Penal Code 597 Crimes Against Animals—Felony or Misdemeanor
CA 597f Permitting Animals to Go Without Care; Veterinary Care for Injured Cats and Dogs
CA 597s Willful Abandonment of an Animal
(a) Every person who willfully abandons an animal is guilty of a misdemeanor.
CA Penal Code 597.1 Permitting Animals to Go Without Care: Veterinary Care for Injured Animals
CA Penal Code 597a Unnecessary Torture, Suffering or Cruelty to Animal in Vehicle
CA Penal Code 597.7 Animal in Unattended Motor Vehicle
(a) No person shall leave or confine an animal in any unattended motor vehicle under conditions that endanger the health or well-being of an animal due to heat, cold, lack of adequate ventilation, or lack of food or water, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal.
H&S 122335 Dog Tethering
(b) No person shall tether, fasten, chain, tie or restrain a dog, or cause a dog to be tethered, fastened, chained, tied, or restrained to a dog house, tree, fence, or any other stationary object.
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