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sweeper

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Can anyone advise me regarding the legal duty and care due to a dog. I ask as a near neighboour has just aquired a young dog. It can be no more than three months and it is tied up in the garden in this torrential rain without a kennel or any bedding or shelter. Surely this cannot be allowed. Dusk is coming on and the temperature is dropping. Is there anything that I can do?
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[quote user="sweeper"]Can anyone advise me regarding the legal duty and care due to a dog. I ask as a near neighboour has just aquired a young dog. It can be no more than three months and it is tied up in the garden in this torrential rain without a kennel or any bedding or shelter. Surely this cannot be allowed. Dusk is coming on and the temperature is dropping. Is there anything that I can do?[/quote]

I thought that any owner had a duty to provide shelter and food for their animals. But I could only find this on doing a search, where Panda seems to agree that the duty of care exists.

Could you have a word with your neighbour? As starting to make enquiries or even a complaint with the Maire might lead to unnecessary or avoidable unpleasantness.

Sue

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I would willingly speak to the neighbout were that person available but they are absent. There is history with this person and I am searching for the legal answers so that I can point it out. I would expect they will return sometime this evening but in the meanwhile the poor thing is cold, wet and hungry. I am so cross!! If all else fails I will speak tomorrow but that won't stop the neglect this evening. If I were sure of my ground I would probably take the animal in and give it the food and shelter it needs but without any clear guidelines I am reluctant to do so.
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I can only sympathise as this is just thoughtless behaviour on the part of the owner. It is hard to believe that someone can treat a young dog in such a way.

Most people around us who go out to work, or go out for the entire day like today - Toussaint, leave their dogs shut up in the garage. At least this is better than the dog being left with no shelter at all in such dreadful rain.

Hopefully someone will be along soon ie Clair, who knows a lot more than me with regard to the legal situation.

Sue

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Every animal should have a shelter.  When I have time I'll look up the exact law, but they should have shelter and a certain length of chain that is for sure.  Sorry if I've told this before, but one of our neighbours was doing the same with his dog, chained to a tree, but I hadn't seen as I don't go past there.  Another neighbour informed me asking where the local SPA was.  There isn't one here!

So I went round and said that people walking past had noticed his dog had no shelter and wanted to inform the SPA.  He said "oh he gets shelter under the tree, I've watched him when it rains, he gets really close to the tree and he's all right".  I said he had to have some form of shelter, it's not allowed to leave a dog out like that, suggesting he bought one of those plastic kennels in many of the big stores.  I passed by a while later and he had made a "shelter" with crates and plastic!  This is a young couple who have recently built a bungalow, have internet, etc., not the hillbilly type.

That pup can't be left out like that.  Take a photo and take it to the mairie or the gendarmerie asking for something to be done.  Or if you know them enough you can do as I did saying people had complained and were going to inform the SPA, suggesting they should get a kennel.  Whatever you do, stay polite and on good terms with them for the pup's sake.  You could even say you are willing to offer it a home if it's a bother to them, to get it away.

Are you sure the pup is out like that all the time, or just because they had gone out?

I think I would have gone and taken him in, telling them on their return that, maybe they hadn't realised it, but he had been out in the rain, so you had to take him in.

 

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I shouldn't bother going to the gendarmarie about any dog problem, we have just had a gendarme move across the road to us, they have a loverly dog, which is left out all day, Saturday evening they went away for the night, the dog was left in the front garden, not tied up so able to roam, he sat by the front gate waiting for them to return, which they did, 9'oclock Sunday night. How am I going to live with that, the only consolation is, they do put it in the garage overnight, they have been out all day today, and the dog has been sitting in the pouring rain.
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I wondered if Christine had found the legal answer to the problem of the little dog? By reading this part of the forum often, I can guess how busy she must be, so perhaps not as yet. Sadly I have the same problem. I have only one neighbour here on our hill; straight in front of me. He is a younger man who clearly works long and hard away from his house, but has a small poodle-type dog which is chained up outside in all weathers with absolutely no shelter at all. It has to sit on a waterpipe, huddled against the bare stone wall. It breaks my heart. He is known to be an agressive man so I am loathe to approach him. Almost certainly he would take our name through the mud via the local bar should I even try to make him think about his treatment of the poor little dog. It is small, scruffy and certainly not loved. For various reasons we know of, it is unlikely he would be persueded to give up the dog.

 I had thought of donating a kennel via Papa Noel but it would almost certainly be sold and it is a long cold time to Christmas. I would rather not get too heavy by waving the law at the owner, or by taking a photo to the mairie as this is a very small community. However it is going to be necessary to be brave for the sake of this little dog if only I can find the right approach.

Has anyone any ideas as to how we can improve the little dog's quality of life?

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By coincidence I was just reading the latest newsletter from Phoenix Association which includes the paragraph "Concerned people regularly contact us about cases of cruelty and negligence.  These situations usually require a lot of diplomacy (and good french!), but our help often leads to a happy outcome.  So please contact us if you're woried....don't leave it until it's too late because you don't like to 'stick you nose in'."  Phoenix are based in the Dordogne but they also recount a story where they were able to help sort out an animal neglect problem in another region via their contacts in the SPA who alerted the local Mayor who intervened to good effect.  If it could be done in this way with no traceable connection to you, Chocolate, then maybe this is the route to take.  Worth a try, anyway?  Phoenix are contactable on 05 53 54 94 81 or via e-mail: johnson@phoenixasso.com (website www.phoenixasso.com).  Good luck - I do hope something good happens for this little dog before the cold weather comes.

Val

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If you have a local SPA, you can also inform them.

Here is the texte de loi     http://www.snpa-rouen.com/Texteloi.htm

 

Obligations aux propriétaires d'animaux de compagnie:

4 b /  un espace suffisant et un abri contre les intempéries doivent leur être réservés en toutes circonstances, notamment pour les chiens laissés sur le balcon des appartements

 5 a /  Pour les chiens de chenils, l’enclos doit être approprié à la taille de l’Animal, mais en aucun cas cet enclos ne doit avoir une surface inférieure à 5 mètres carrés par chien et sa clôture ne devra pas avoir une hauteur inférieure à 2 mètres. Il doit comporter une zone ombragée.

 7 a /  La niche où l’abri doit être étanche, protégé des vents et, en été, de la chaleur. La niche doit être sur pieds en bois ou tout autre matériau isolant, garnie d’une litière en hiver et orientée au sud. En hiver et par intempéries, toutes dispositions doivent être prises afin que les animaux n’aient pas à souffrir de l’humidité et de la température, notamment pendant les périodes de gel ou de chaleur excessive.

 8 c /  La longueur de la chaîne ne peut être inférieure à 2,50 mètres pour les chaînes coulissantes. et 3 mètres pour les chaînes insérées à tout autre dispositif d’attache prévu ci-dessus.

 

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I am sorry for this belated reply.

Many many thanks Christine for the clarification.

What has happened? the weather is warmer at the moment which is easier, and for the last week the little dog has been outside less. A French neighbour has agreed to approach the owner this week to offer assistance with the care so hopefully this will be a 'soft' route to improve the dog's welfare. I feel this will wind-up the owner less and achieve the hoped-for result. If necessary, however, there is your helpful, information as a support for the future should the situation shange. 

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  • 1 month later...
[quote user="Christine Animal"]

Every animal should have a shelter.  When I have time I'll look up the exact law, but they should have shelter and a certain length of chain that is for sure.  Sorry if I've told this before, but one of our neighbours was doing the same with his dog, chained to a tree, but I hadn't seen as I don't go past there.  Another neighbour informed me asking where the local SPA was.  There isn't one here!

So I went round and said that people walking past had noticed his dog had no shelter and wanted to inform the SPA.  He said "oh he gets shelter under the tree, I've watched him when it rains, he gets really close to the tree and he's all right".  I said he had to have some form of shelter, it's not allowed to leave a dog out like that, suggesting he bought one of those plastic kennels in many of the big stores.  I passed by a while later and he had made a "shelter" with crates and plastic!  This is a young couple who have recently built a bungalow, have internet, etc., not the hillbilly type.

That pup can't be left out like that.  Take a photo and take it to the mairie or the gendarmerie asking for something to be done.  Or if you know them enough you can do as I did saying people had complained and were going to inform the SPA, suggesting they should get a kennel.  Whatever you do, stay polite and on good terms with them for the pup's sake.  You could even say you are willing to offer it a home if it's a bother to them, to get it away.

Are you sure the pup is out like that all the time, or just because they had gone out?

I think I would have gone and taken him in, telling them on their return that, maybe they hadn't realised it, but he had been out in the rain, so you had to take him in.

[/quote]

Hi...

Good work Christine Animal.

The best thing to do is to take the dog to a shelter where it can feel

comfortable and warmth. Then the immediate thing to do is talk with the

owner to provide a shelter to the dog. If the owner does not provide

kennel then also, you can complain against them.

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[quote user="sweeper"]Can anyone advise me regarding the legal duty and care due to a dog. I ask as a near neighboour has just aquired a young dog. It can be no more than three months and it is tied up in the garden in this torrential rain without a kennel or any bedding or shelter. Surely this cannot be allowed. Dusk is coming on and the temperature is dropping. Is there anything that I can do?[/quote]

 

SWEEPER,

Are you really an animal lover! I think not. All words no action.

You should be ashamed.

You have only responded once to several replies to your original request.

IF YOU WERE REALLY concerned about this poor dog’s welfare, YOU SHOULD HAVE TAKEN HIM FROM that garden by any means and looked after him yourself until the authorities were notified and not to worry about the consequence. After all what do think would happen to you looking after a poor neglected animal, guillotined?

 

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