Health and Safety Code 122335 HSC
HSC 122335 – Unlawful Tethering of a Dog
Unlawful Tethering of a Dog – Table of Contents
It is unlawful for a person to tether, fasten, chain, tie, or restrain a dog, or cause a dog to be tethered, fastened, chained, tied, or restrained, to a doghouse, tree, fence, or any other stationary object, for longer than a reasonable period, unless authorized by exemption, or lawful permittance by the any State agency regulating animal control.
What is the mental state required for a violation of Health and Safety Code 122335 HSC?
The violation is a general intent crime. A general intent crime requires that the accused intends to do the act on purpose and is consciously aware of the means necessary to complete or achieve the result. As applied to Health and Safety Code 122335 HSC, the State only need to, beyond a reasonable doubt show that the accused intended to tether, chain, tie, fasten or restrain a dog or specie of the canine family; and intended the dog to be as such to a doghouse, tree, fence or other stationary object; and it was purposeful to do the act for an unreasonable time without authorization by a state animal control authority; or without exemption; despite any indication that the person knew the conduct was unlawful.
What is the definition of the term person under Health and Safety Code 122335 HSC?
As defined under Health and Safety Code 122335, a person is any individual, any legal entity, trust association, as well as any agent of any legal entity that can be registered as a business entity with the Secretary of State.
What is the definition of the terms tether, chain, tie, fasten or restrain under Health and Safety Code 122335 HSC?
Anything that prevents the freedom of movement of the animal, not some much in a designated property, but to travel the diameter of the property it is relegated. If the animal is confined to a property, it must be allowed to freely move in a sufficient portion necessary to defecate, eat, drink and retain sufficient movement: unless the animal has a confined space on the property with a doghouse with a water bowl and kibbles.
What is regarded as an unreasonable time period to trigger a violation of Health and Safety Code 122335 HSC?
The definition of unreasonable time is anything extended a 24-hour period without walking the animal, unless otherwise permitted by state agency animal control; and there are no indications of a dog house or identifiable quarters maintained for the dog’s daily needs.
What are exceptions to a violation of Health and Safety Code 123355 HSC?
The exceptions that apply to prevent a violation of Health and Safety Code 123355 HSC are: (1) Tethering a dog for the requirements of camping or for recreational purposes in public ; (2) Tethering a dog for a reasonable period so that its owner can complete basic tasks, or for an emergency which necessities it ; (3) The dog is tethered, not by attachment to choke chain, but only by running line, pulley or trolley system to a basic collar ; (4) Tethering a dog for a commercial requirement where the dog might be needed to assist at times for shepherding cattle and sheep; (5) Tethering a dog, as a commercial requirement for the cultivation of plants ; or any agricultural purpose pertaining to the harvesting of crops or the raising or livestock and poultry.
A violation of Health and Safety Code 122335 HSC can be charged as an infraction of misdemeanor. As an infraction, the illegal tethering of a dog is a fine not exceeding $250 dollars for each dog unlawfully tethered. As a misdemeanor, the penalty is confinement of 6 months in jail, with fines not exceeding $1000 dollars for each dog unlawfully tethered.
What are examples of a violation of Health and Safety Code 122335 HSC?
- Derrick operates the trailer park next to his house. There was a couple of dogs, that some of the children of the tenants liked so he chained the dogs to their house. Every other day, Derrick would give the dogs food and water. He would always ask if the dogs were being walked and cleaned to which the children would apply in the affirmative. A week later, Derrick left for vacation and gave all the tenants his phone number and email in case anything might occur. Derrick received a call from animal control because a couple wanting to purchase a home in the park called the police after observing the dogs’ conditions. As it turns out Derrick was the only one feeding the dogs; and the children never washed the dogs. The dogs were never walked. In fact, the children and parents stated that Derrick was the only one caring for the animals. After an investigation by the police. Derrick received a fine.
- Jamie owned a private ranch in an expensive community. He was really into exotic animals especially fighting dogs. Jamie bought 10 Cane Corso puppies and tied all of them to the front of his ranch house. The puppies, cost $5000 dollars each and were a draw for the local children who could only view the puppies from his closed gate. For two weeks, Jamie spent 8 hours a day yelling at the puppies, and stomping his feet while they were all chained, respectively to poles in the front of his gravel shoehorn gravel driveway. The cries of the puppies were a big issue with his neighbors whose property extended no further than 100 yards away from his house- because the neighbors’ kids were distraught. After a week the neighbors had enough, a few videotaped the puppies’ conditions and called the police. When Jamie exited his property and went to work, he was pulled over by the police and arrested, and charged with a misdemeanor.
- Mistake in Law – The premises is a lawfully designated:
i. A Campground
ii. An Agricultural facility
- Exemption qualified by animal control
- Mistake in Fact – There was a desire to tether the dog(s) but they were restrained by a pulley device or retractable cord line.
- Un-foreseeability/ No Consent – BFE entrustment- the person entrusted a dog to another who acted without consent
If you are charged with a violation of Health and Safety Code 122335 HSC, call The Esfandi Law Group, APLC. Contact Los Angeles criminal defense attorney Seppi Esfandi, principal attorney of The Esfandi Law Group, APLC.
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