Monthly Archives: November 2016

What is the California Law regarding Potentially Dangerous Animals?

 CALIFORNIA LAW . . . .
 POTENTIALLY DANGEROUS ANIMALS (PDA)

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The California Civil Code and the Food and Agriculture Code provide remedies for potentially dangerous and vicious dogs.

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The Civil Code requires owners to take reasonable steps to protect other people from dog bites from dogs previously known to bite:

3342.5. (a) The owner of any dog that has bitten a human being shall have the duty to take such reasonable steps as are necessary to remove any danger presented to other persons from bites by the animal. Do not assume, however, that California law permits every dog “one free bite.” That is not the case; as seen in the section on Civil liability for dog bites, an owner is responsible in damages for that first bite and every subsequent one, and a dog that was trained to fight can be destroyed after the first bite, as will be seen below. Any person, the local district attorney or city attorney may take action if the same dog has bitten a human being two or more times:

An owner is responsible for damages for the first bite and every subsequent one, and a dog that was trained to fight can be destroyed after the first bite, as will be seen below.

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Any person, the local district attorney or city attorney may take action if the same dog has bitten a human being two or more times:

3342.5 (b) Whenever a dog has bitten a human being on at least two separate occasions, any person, the district attorney, or city attorney may bring an action against the owner of the animal to determine whether conditions of the treatment or confinement of the dog or other circumstances existing at the time of the bites have been changed so as to remove the danger to other persons presented by the animal. This action shall be brought in the county where a bite occurred. The court, after hearing, may make any order it deems appropriate to prevent the recurrence of such an incident, including, but not limited to, the removal of the animal from the area or its destruction if necessary. The “two bite” requirement of section

3342.5(b) is reduced to one bite, and any person may commence legal proceedings against the owner, if the dog has been trained to fight, attack or kill:

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The “two bite” requirement of section 3342.5(b) is reduced to one bite, and any person may commence legal proceedings against the owner, if the dog has been trained to fight, attack or kill:

3342.5 (c) Whenever a dog trained to fight, attack, or kill has bitten a human being, causing substantial physical injury, any person, including the district attorney, or city attorney may bring an action against the owner of the animal to determine whether conditions of the treatment or confinement of the dog or other circumstances existing at the time of the bites have been changed so as to remove the danger to other persons presented by the animal. This action shall be brought in the county where a bite occurred. The court, after hearing, may make any order it deems appropriate to prevent the recurrence of such an incident, including, but not limited to, the removal of the animal from the area or its destruction if necessary. The foregoing provisions do not authorize proceedings if the dog bit a trespasser or was being used for military or police work:

3342.5 (d) Nothing in this section shall authorize the bringing of an action pursuant to subdivision (b) based on a bite or bites inflicted upon a trespasser, or by a dog used in military or police work if the bite or bites occurred while the dog was actually performing in that capacity.

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The California Food & Agriculture Code contains a number of sections pertaining to dogs: 

A “potentially dangerous dog” is a dog that meets the criteria set forth in section 31602 of the California Food & Agriculture Code:

31602. “Potentially dangerous dog” means any of the following: (a) Any dog which, when unprovoked, on two separate occasions within the prior 36-month period, engages in any behavior that requires a defensive action by any person to prevent bodily injury when the person and the dog are off the property of the owner or keeper of the dog. (b) Any dog which, when unprovoked, bites a person causing a less severe injury than as defined in Section 31604. (c) Any dog which, when unprovoked, on two separate occasions within the prior 36-month period, has killed, seriously bitten, inflicted injury, or otherwise caused injury attacking a domestic animal off the property of the owner or keeper of the dog.

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A “vicious dog” is one that meets the criteria set forth in section 31603 from the same code:

31603. “Vicious dog” means any of the following (a) Any dog seized under Section 599a of the Penal Code and upon the sustaining of a conviction of the owner or keeper under subdivision (a) of Section 597.5 of the Penal Code. (b) Any dog which, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a human being. (c) Any dog previously determined to be and currently listed as a potentially dangerous dog which, after its owner or keeper has been notified of this determination, continues the behavior described in Section 31602 or is maintained in violation of section 31641, 31642, or 31643.

A “severe injury” is defined as follows: 

31604. “Severe injury” means any physical injury to a human being that results in muscle tears or disfiguring lacerations or requires multiple sutures or corrective or cosmetic surgery.

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DON’T LISTEN TO PEOPLE WHO TELL YOU TO KILL YOUR DOG!

 

DAVID BARON the #1 Behavioral Dog Trainer in the United States can train your dog and get it under control no matter how dominant, stubborn or aggressive.

 

 

PLEASE, DO NOT KILL YOUR DOG! 

DAVID BARON can show you how you can keep your dog alive and get it under control.

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A MORAL IMPERATIVE.  You don’t kill “your best friend” when the dog can be trained.  

Doing the right thing is a reward in itself. Sometimes doing the right thing is a little scary at first, but people who do the right thing are usually always rewarded with a positive outcome.

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KILLING YOUR DOG is a huge mistake you may regret the rest of your life if you have a conscience.

 

Call DAVID BARON when other dog trainers, canine behaviorists and veterinarians say your dog cannot be trained and you should kill it.dog boot camp sacramento

Killing anything is wrong and you may be asked to account for putting down a dog that loved you and counted on you, when you can keep your dog alive.

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People who do the right thing will always be able to look their children in the eye.

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WHAT PROFESSIONAL DOG TRAINING LOOKS LIKE

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99% OF DOG TRAINING DOESN’T WORK

Everyone has a camera on their cellphone. Either a dog trainer has 1000’s of photos and videos to substantiate the dog training actually works, or they do not.  

There is no in-between.  The dog training works or it doesn’t.

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If 99% of dog training did work all the other dog trainers would have 100’s of dogs off-leash obedient they trained to show you too.

There are no other dog trainers we can find in North America with as much to show dog owners thinking of hiring a dog trainer. 

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We don’t have anything bad to say about anyone.

Ask other dog trainers why DAVID BARON is the only dog trainer in North America with 1000’s of photos and videos of dogs BIG and small off-leash.

dog training sacramentoDAVID BARON is the only dog trainer in North America with 1000’s of photos of dogs BIG and small off-leash.

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No other dog trainers have are as successful with small dogs and toy breeds.

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Again, we do not have anything bad to say about anyone.

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THESE ARE TYPICAL RESULTS CLIENTS CAN EXPECT

We are just wondering why DAVID BARON is the only dog trainer in North America with 1000’s of photos of 100’s of dogs big and small off-leash.

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The point of these photos is to show you DAVID BARON can train dogs and is getting much better results than 99% of other dog trainers.

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DAVID BARON can train your dog no matter how bad the do might seem to you.

No one has more experience with aggressive dogs and gets better results training aggressive dogs than DAVID BARON.

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A lot of our clients live on ranches and their dogs getting along with farm animals is a concern.  

DAVID BARON can definitely help you with that too and has a lot of direct experience because he lives on a ranch too in Roseville, California.

psychiatric service animal training sacramentoThere is a reason other dog trainers do not have pictures of dogs with farm animals.

The dog training has to work is one reason.

The other reason is “Sit” in the kitchen with treats is a lot easier to accomplish than showing the public Chihuahuas and Siberian Huskies off-leash with horses. 

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best dog trainerBEHAVIORAL TRAINERS – SEE FAST RESULTS!!!

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PRIVATE LESSONS work great and are effective 99% of the time.  Sometimes the level of training a dog needs surpasses what the owner is capable of achieving on their own and Board Training is a more appropriate option. 

TRUST and CREDIBILITY are of PARAMOUNT IMPORTANCE. Most of our clients are MD’s, RN’s, teachers, business owners, police, fire and other professionals. Let us know if you need references or have other concerns.  We have an A+ rating with the BBB.

 

California Law Potentially Dangerous Animal

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DAVID BARON the DOG TRAINER
America’s #1 Dog Trainers

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California Law Potentially Dangerous Animal

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How Can I Get My Dog To Quit Barking?

How Can I Get My Dog To Quit Barking?

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Thousands of years ago, humans began the process of domesticating the dog and shaping what “being a dog” really means. Through careful selection and breeding, an astonishing variety of dog breeds have been created. Desirable traits have been selected for in various breeds that are of a benefit to humans. There are some traits, however, that quickly become undesirable when expressed too frequently. Barking is an example of a natural behavior that is encouraged in terms of guarding behavior, but becomes a problem when the behavior is produced in excess. A recent health insurance investigation revealed that the sound of a continually barking dog was cited as the most disruptive and stress inducing noise for humans.

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Why Do Dogs Bark? 

Barking, as well as whining, howling and growling, are a dog’s natural means of communication. Barking is characterized by a series of short, sharp sounds, that tend to vary little in tone or pitch. A dog’s bark can signify territorial protection, exertion of dominance, or expression of some need. Typically, barking is “a means of communication triggered by a state of excitement.” Being a natural trait, barking is not considered a behavioral problem, until it is produced in excess.

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Causes of Problem Barking

Problem barking has a variety of origins. Genetics does influence a dog’s tendency to bark. Certain breeds belonging to the terrier family are prone to more frequent barking than breeds such as Greyhounds or Basenjis. Generally, however, excess barking can exist in any breed of dog. The key to solving the problem of inappropriate barking is to determine what external stimulus is triggering the behavior. Improper confinement can be a major cause of problem barkers.

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Improper confinement can include leaving a dog alone in a locked room, or in a dog crate (a tool used for housebreaking and other behavioral modifications). Other improper confinements can include restricted tethering outdoors, or even an enclosed yard without proper shelter from the elements. Such confinement can cause frustration in a dog and cause it to bark excessively. Closely associated with improper confinement is lack of exercise as a cause of excess barking. When a dog is not provided with adequate exercise, pent-up energy is released through barking.

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Environmental sounds can also trigger barking. These sounds include such things as the barking of other dogs, the sound of passing cars, strange voices, thunder, and mechanical noises such as the ringing of the phone. Noises can initiate barking at different times of the day. A dog may not bark at accustomed sounds during the day, but at night may be incited to a volley of barking, much to the chagrin of the neighbors, by the slightest of noises. Other causes of problem barking can include separation anxiety, or the temperament of the dog: an over-aggressive animal may bark at the smallest provocation. A strongly territorial dog may bark at any stranger, invited or uninvited, entering your property.

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Solutions to Excess Barking

Excess barking can be a serious behavioral problem and can mean the termination of the relationship with your dog or the dog itself if left untreated. The following text includes information on how to solve your dog’s problem barking as recommended by the veterinary profession.

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The first step in solving problem barking is to determine if your dog is barking in response to inadequate shelter or improper confinement. If this is the case, the dog must be provided with a comfortable amount of space or supplied with a doghouse if outdoor shelter is inadequate. Increasing the amount of exercise given to your dog may also help. 

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In the event your dog is barking in response to environmental noises, or the barking is simply due to its temperament, behavioral modification methods should be used. These methods can include reconditioning using a verbal reprimand such as “No!”, and leash correction. It should be noted however, that you should never yell at your dog, as loud noises may encourage your pet to bark more. 

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Indirect intervention methods can also be applied. These techniques can range from spraying your dog with water while it is barking, to using noise producing devices such as “Dog Stop” or “Barker Breaker,” which emit loud or high frequency sounds that interrupt and deter barking. These devices can be controlled by the owner, or triggered by the dog’s barking. In the event your dog is resistant to these behavioral modifications, more drastic action can be taken in the form of bark activated shock collars. This device is particularly effective when barking occurs in the owner’s absence. Shock collars, however, are recommended only after other control measures have failed. A final resort, when all other behavioural modification methods have been tried, and particularly when the dog’s life is in question, is a vocal cordectomy (debarking). This surgical procedure involves removal of all or part of the vocal cords.

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The key to solving the problem of excess barking in your dog begins with an understanding of what is causing this behavior. Once you have determined a cause, you have a greater chance of choosing the most effective solution (e.g., more exercise) or behavioral modification. Modifying such an instinctive and natural behavior as barking can be difficult, and may require considerable patience, time, and hard work. Solutions, however, are possible, and worth the effort.

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References Cited

Houpt,Katherine. Domestic Animal Behaviour. Second Edition. Iowa State University Press. Ames, Iowa. 1992.

Landsberg, Gary. Products for Preventing or Controlling Undesirable behaviour. Veterinary Medicine. 89:970-983.

Neville, Peter. Do Dogs Need Shrinks? Sidgwick & Jackson, London. 1991

Siegal, Mordecai. When Good Dogs Do Bad Things. Little, Brown and Company, London. 1986.

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DAVID BARON’S SUPERDOG
America’s #1 Dog Trainers