Thursday, June 20, 2013

Here We Go... AGAIN!

Well, she did it again... more Drama from Miss Judy. Reportedly Miss Judy marched into Open Heart Kitchen at Vineyard Christian Fellowship today and argued with Ms. D about Judy's overweight black lab named Shane. What it was Miss Judy was waving around I'm not at all sure. But it is believed it was some sort of prescription from some doctor or other prescribing Shane as a comfort or whatever... who knows. What she did not have was the required tag issued by the State of California or Alameda County that all service dogs are required to have.

At least two calls were made to the Police and Miss Judy, reportedly, argued with them as well. She was, reportedly, cuffed for Officer Safety (they are allowed to do that, by the way), then released.

The problem with this is that the California Penal Code makes what Judy did a Criminal Offense:

CA PENAL CODE SECTION 365.7
[a] Any person who, knowingly and fraudulently represents himself or herself, through verbal or written notice, to be the owner or trainer of any canine licensed as, to be qualified as, or identified as, a guide, signal, or service dog, as defined in subdivisions (d), (e), and (f) of Section 365.5 and paragraph (6) of subdivision (b) of Section 54.1 of the Civil Code, shall be guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding six months, by a fine not exceeding one thousand dollars ($1,000) or by both that fine and imprisonment.
Oh well... this is the second time in as many weeks I've heard of a crime committed where someone gets off Scott free...

Judy, you lucked out! Congratulations...

And Business Owners, just to reiterate: a Service Dog MUST have tags issued by the state or county identifying it as a service dog.

California Civil Code Section 54.1

(c) Visually impaired or blind persons and persons licensed to train guide dogs for individuals who are visually impaired or blind pursuant to Chapter 9.5 (commencing with Section 7200) of Division 3 of the Business and Professions Code or guide dogs as defined in the regulations implementing Title III of the Americans with Disabilities Act of 1990 (Public Law 101-336), and persons who are deaf or hearing impaired and persons authorized to train signal dogs for individuals who are deaf or hearing impaired, and other individuals with a disability and persons authorized to train service dogs for individuals with a disability, may take dogs, for the purpose of training them as guide dogs, signal dogs, or service dogs in any of the places specified in subdivisions (a) and (b). These persons shall ensure that the dog is on a leash and tagged as a guide dog, signal dog, or service dog by identification tag issued by the county clerk, animal control department, or other agency, as authorized by Chapter 3.5 (commencing with Section 30850) of Division 14 of the Food and Agricultural Code. In addition, the person shall be liable for any provable damage done to the premises or facilities by his or her dog.

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