Several times a week I continue to receive complaints about the Cecil County SPCA. I usually try to get someone to volunteer to help, thankfully there are many good hearted people still involved who help whenever asked. Occasionally, there is a situation like this one that need the Commissioners to put pressure on the appropriate local agencies to find a way to help. Please contact the Commissioner’s and the new SPCA task force to ask that they help address this immediate situation and perhaps formulate a policy that will assure future circumstances such as this can be handled more efficiently to prevent the slow death of faithful pets left unattended in a home.
Dear Delegate Smigiel:
I had the pleasure of meeting you at the vigil that was held in Cecil County in January of this year. I am writing you today as I am very concerned about animals in a home down the street. And, more specifically, I am alarmed at the lack of response from the SPCA.
A concerned neighbor called my husband and I tonight, telling us that the home next to her at 120 Kirkcaldy Drive, Elkton has had no one home for nearly a week and no one checking in and caring for the three dogs and multiple cats. She called the SPCA this afternoon and was told that they cannot do anything unless there is “probable cause”. Considering the SPCA is armed with the mission of “preventing cruelty”, I am unsure of what more “probable cause” is needed for them to act. These animals will die without food and water. The cats’ bowls can be seen from a window and their empty. The cats were jumping at the windows trying to get to the neighbor and myself when we went to see if we could get in through an unlocked door to help. One cat was hanging onto the door – digging into the wood with his nails so that we could see him.
Anyway, we’ve since learned that the lady who lives there may have been committed to a mental hospital for treatment. A message was left at the hospital where she may be; however, due to confidentiality, staff cannot confirm nor deny her presence there.
The neighbor who informed me of the situation called the police as well and they said they cannot do anything. So, the police cannot do anything and the SPCA cannot do anything. Neighbors will be charged with breaking and entering if we do something. We’re just supposed to sit by and later hear that these animals died.
It would be a beautiful world if people would start standing up and saying “this is what I can do” instead of “I can’t ….”. Why couldn’t the SPCA say “we’ll drive to residence and take a look”? Tell us what they can do. Often times, it’s not that they CANNOT do, it’s that they are not willing to do. If the staff fails to drive to the residence in question, how will any issues validating “probable cause” even be witnessed? That’s the key. They don’t want to witness anything because then they have to take action.
Delegate Smigiel, it’s a disgrace that the SPCA continues to function this way even with the media scrutiny. There is a complete lack of concern for these pets. It’s quite possible that a dead pet(s) will be the result of this non-action. When the pet owner was hospitalized previously, she failed to have a neighbor care for the pets and one of her dogs did die.
Please do whatever is in your power to contact the proper people and act swiftly. I am very serious when I tell you that these pets are in a very cruel situation and our local SPCA is failing to act at all.
I am sending a copy of this email to them as well.
Thank you for your help.
Kathy S. Creek
Something CAN be done, but it’s going to be tricky. I quote the County Code:
§ 209-6. Restraint, shelter and care.
A. It shall be unlawful for any person to permit his animal to be at large and not confined or to abandon domesticated animals in Cecil County.
Now, there is a huge gap in that there is no provision in the code for retrieval of abandoned animals; only fines for abandonment are listed. so it may be necessary to obtain a warrant to search the premises based on observation of the animals from outside the property since abandonment is breaking the law. We probably have to find an “accepted practice” precedent to confiscate the animals.
That is a heartrending story. Does anyone know how it’s progressing? On the flip-side, is the story of the people at 197 Hopewell Road in Rising Sun whose unrestrained, unregistered and unlisenced animals (German Shepherds in our case)terrorized the area for almost a year before mauling my husband’s pets to death on Valentine’s Day before dawn. If anything about the situation can be called lucky, the fact that these vicious canine’s didn’t stop at goats but attacked a man on the road in front of our home was a stroke of luck. (He was brave and stood his ground and did not get bitten) Two things came from it: we knew what killed our pets and his wife was so mad she tracked the dogs to their property. Without these, the dogs (and the many more that were on the property and not seized by the authorities) would still be at large. We beat them in court last Thursday without a lawyer (thank God for honest policemen and intelligent judges), and since the incident, the gate has been securely locked. I called the Cecil Whig about the plight of the animals in the above story — it’s amazing what solutions can be found when people are informed of what’s happening in their community. No one took my call at the Whig but I left a voice message with a Marty ? Somebody… let’s see if we get a response — Kathy, they may call you.
Based on the complaint of possible abandoned animals (for whatever reason) any animal control agency in the state of Maryland can go to the residence and if not simply check from the outside of the dwelling for evidence of abandonment, can at least tag the door with a notice for the owner or animal caretaker to contact them within 24 hours to confirm care is being rendered. They can then check back to the residence every 24 hours for as long as they feel necessary (and safe for the animals) and check for the door tag, date it again and then use that as probable cause that the animals are not receiving care, with that in hand they can then go to a judge and obtain a search and seizure warrant, enter the home by means of a paid locksmith, in the company of a deputy or police officer, remove the animals if there is evidence of neglect or abandonment, collect evidence of neglect or abandonment, leave an inventory of the animals and/or evidence taken along with a copy of the search and seizure warrant in plain view in the residence, and take the animals to the shelter and hold them to ensure their well being until someone calls or until they can legally confirm that no one is coming. They can also take sworn affidavits from the neighbors who state they have not seen anyone entering the property in X number of days to render care. It doesn’t have to be like this. You are not receiving the service you as tax payers are paying for. This is why citizens come to feel they have to take matters into their own hands.
With increased foreclosures and evictions due to the economy, I cannot believe that they do not have SOP’s in place to deal with calls of possible abandonment! What the heck? Animal Control agencies across the state deal with such calls weekly? Don’t they ever respond to this type of call? It’s appalling! Wow!
I would refer to the following State Statutes in dealing with this case:
§ 10-612. Abandoning domestic animal
Prohibited
(a) A person who owns, possesses, or has custody of a domestic animal may not drop or leave the animal on a road, in a public place, or on private property with the intent to abandon the animal.
Penalty
(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100.
CREDIT(S)
Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.
§ 10-604. Abuse or neglect of animal
Prohibited
(a) A person may not:
(1) overdrive or overload an animal;
(2) deprive an animal of necessary sustenance;
(3) inflict unnecessary suffering or pain on an animal;
(4) cause, procure, or authorize an act prohibited under item (1), (2), or (3) of this subsection; or
(5) if the person has charge or custody of an animal, as owner or otherwise, unnecessarily fail to provide the animal with nutritious food in sufficient quantity, necessary veterinary care, proper drink, air, space, shelter, or protection from the weather.
Penalty
(b)(1) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $1,000 or both.
(2) As a condition of sentencing, the court may order a defendant convicted of violating this section to participate in and pay for psychological counseling.
CREDIT(S)
Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2006, c. 448, § 1, eff. Oct. 1, 2006.
Now, all or none of these may apply, depending on the circumstances of this case. If the owner is hospitalized and unable to communicate of sound mind, no charges may be applicable. In such a situation an Officer would have the satisfaction of knowing that they were able to render aid to a citizen and their animals in an emergency situation. The owner might be charged a boarding fee by the shelter if they returned and came for their animals but you cannot charge someone who was physically or mentally unable to render care to their animals in an emergency. If Emergency personnel arrived and took the owner from the home, it should be considered their responsibility to notify Animal Control that unattended animals remained in the home when the owner was removed for treatment. My agency has gone so far as to visit the hospital room of the owner to obtain: 1. permission to remove the owners animals to safe confines or 2.Owners signature to release animals to the care and custody of Animal Control permanently when they are no longer capable of caring for them. Under those circumstances, no charges were filed. In my County, Deputies will sometimes take the original call, if it’s made to them and once they arrive and feel it’s substantiated, they will have an Animal Control Officer dispatched to follow through, but I have never seen a call like this go without a physical response by Animal Control or our local police agencies. They should be ashamed.
So, as you can see, much can be done to remedy this situation to everyone’s satisfaction and safety. Best wishes for a positive outcome.
These commenters are too shy. To hell with property rights. If you think an animal is in trouble, you should just go in and take matters into the hands of the angels. If a mental patient leaves an animal to suffer, you must take action. The laws do not give the animals much protection. It is up to the moral citizens/humans to take action to protect the animals. Go in there and do whatever you have to do to take these animals into you own blessed hands!
While I understand your concern and passion for helping these pets. I would not advocate taking matters into your own hands. I don’t want to see anyone arrested for trespass or worse. Concerned has offered some very specific, constructive information which I hope and trust the CCSPCA will hear about and perhaps use to help save these and other animals in similar situations in the future. I think we need to see that this information gets to the Task Force and the County Commissioners.
And you are doing what with information, Mike?
catmomma6 said
May 27, 2009 at 6:03 PM
“These commenter’s are too shy. To hell with property rights. If you think an animal is in trouble, you should just go in and take matters into the hands of the angels. If a mental patient leaves an animal to suffer, you must take action. The laws do not give the animals much protection. It is up to the moral citizens/humans to take action to protect the animals. Go in there and do whatever you have to do to take these animals into you own blessed hands!”
Catmomma6, I understand how you feel, however be aware that such thinking, and action can destroy a case and make it impossible for Officers to do their jobs, get the animals into legal safe havens and pursue charges against the persons who abandoned the animals. I am sorry to say, well meaning interference (when someone felt we weren’t doing our job, or not in a time frame they felt was reasonable) has caused many a case to go south, no charges were able to be brought against the offender and no vindication was ever had for the suffering animals. Please don’t be so quick to jump to action. AS Delegate Smigiel stated, you can be arrested for trespassing or worse! Animals are Property. Taking animals from property is stealing property. Then there is breaking and entering as well. Imagine that turn of events…. You try to help, you go to jail. It HAS happened in circumstances very much like this case. Animal Control Officers in the State of Maryland also have the legal right to make sure animals on a property without provisions are provided them until a warrant can be obtained. Food and water can be delivered through an opened window, under a door, whatever it takes to ensure that they have provisions until you can get them out. It isn’t hopeless, I promise you this. I have provided provisions to contained animals in some of the most creative ways imaginable.. creative and most importantly LEGAL ways, so as not to ruin the case and prevent me from obtaining my goal, to legally charge and see the successful prosecution of the offender if required. One wrong move in the process can take it all away, be it by an Officer or by a well meaning citizen. Please rely on professionals who know the laws they are bound by to do this kind of work. I can really feel the frustration of this community and I’m sorry your Animal Control agency is letting you down.
Here is the State Statute in which an animal can be legally rendered provisions by an Officer in such a circumstance as I described in my previous post.
Look specifically at subsection(c)(1)(i) and (ii), then of course below that are the provisions the agents are bound by, which are to notify the animal owner of what was done, why it was done and what relief they may seek. (d)(1)(i)(ii)(2). In enforcing the cruelty laws we have to always be mindful that we protect and observe the rights of the alleged (still presumed innocent)perpetrator. Heated emotions can play no part in this process. The simple omission of this step or any legal step in the process can ruin the case.
§ 10-615. Care of mistreated animal
Court-ordered removal
(a) If an owner or custodian of an animal is convicted of an act of animal cruelty, the court may order the removal of the animal or any other animal at the time of conviction for the protection of the animal.
Seizure
(b)(1) An officer or authorized agent of a humane society, or a police officer or other public official required to protect animals may seize an animal if necessary to protect the animal from cruelty.
(c)(1) If an animal is impounded, yarded, or confined without necessary food, water, or proper attention, is subject to cruelty, or is neglected, an officer or authorized agent of a humane society, a police officer, another public official required to protect animals, or any invited and accompanying veterinarian licensed in the State, may:
(i) enter the place where the animal is located and supply the animal with necessary food, water, and attention; or
(ii) remove the animal if removal is necessary for the health of the animal.
(2) A person who enters a place under paragraph (1) of this subsection is not liable because of the entry.
Notification to owner
(d)(1) A person who removes an animal under subsection (c) of this section shall notify the animal’s owner or custodian of:
(i) the removal; and
(ii) any administrative remedies that may be available to the owner or custodian.
(2) If an administrative remedy is not available, the owner or custodian may file a petition for the return of the animal in the District Court of the county in which the removal occurred within 10 days after the removal.
Wow — all interesting comments – and some great ideas, but it seems like time is running out for those poor animals — does anyone know for sure where the owner is? Might she be incapacitated (or worse) inside the home? Does that question allow a search warrant from the authorities?
btw — no call-back from the Whig — did anyone hear from an investigative reporter on this matter?
Where did you hear about the problem?
I cannot believe what I am reading! First of all, I sure know the feeling about “the hell with the property laws”!
I have a book of pictures of horrific situations in this county with owners not taking care of their pets. I have emailed these to the commissioners and the SPCA since 2006. And of course, nothing has been done. So then I decided to go door to door to ask the owners to surrender them. I have helped 39 dogs in Cecil in the past 3 years and found awesome homes for them. The ones that would not give them up, I gave them literature to “educate” them on how to take care of outside animals. So listened, some did not. This was the only way I could help the animals without breaking the law!
I just called the SPCA (1:22pm on May 28, 2009) and she said that the Pastor was coming in and taking care of the animals at this property: 120 Kirkcaldy Drive.
I called Elkton police first, and they were rude and told me it is NOT their problem, isn’t that so kind??? But should I expect more from these people?
Hello Delegate Smigiel and all concerned. Melanie, thank you for contacting the SPCA. I did not know my email was posted to this blog until now or I would have posted to update all concerned and you could have avoided calling. Now that I know my email was posted, I want to confirm Melanie’s posting – yes, the animals are now being cared for. FYI, I sent a copy of my email to the SPCA the same time I sent it to Delegate Smigiel and it came back undeliverable (not sure why as I used the email address listed on the website). Anyway…after neighbor(s) called the SPCA several times and my husband called the reported hospital (we are not confirming nor denying her admittance there nor will the hospital, of course), friends of this neighbor have come forward and been very helpful. Yesterday, the SPCA staff was kind and helpful (did they have a conversation with you, Delegate Smigiel, beforehand? I don’t know.) Regardless, there is clearly a gap in caring for pets left unattended, perhaps through no fault of their owners. There must be a procedure in place for situation such as these. These situations occur and some agency needs to take responsibility in a compassionate, legal, and timely manner. Where were the gaps? These animals were left unattended for a week in a home with no air. Whatever they were, they must be uncovered so that compassionate, legal, and timely procedures are in place. And, certainly, it’s my opinion that the SPCA staff could have driven out here and taken a look around to begin compiling probable cause in the event that consent for care was not given. Our community needs Task Force to come with a solution and, then, we need the people charged with preventing cruelty to animals to utilize the tools at their disposal to ensure animal suffering does not occur.
NO! What this town needs is new people taking care of animals under the CCSPCA title, and get the losers outta there. Absorbadint adoption rates compared to those in the counties besides us ( look at Baltimore county humane society, and harford county humane society) their prices are not even half of what ours are. Maybe we should do away with the veterinarian on site and have days where a REPUTABLE ANIMAL LOVING VET comes in to do shots once or twice a week. These 2 other Shelters have cat rooms, so no big difference there. Harford County adoptions even come with a microchipping. Something our adoptions do not come with. The techs at the shelter do it themselves. Its a simple procedure. But just like everything else in this town the CCSPCA is antiquated and stuck in its ways. OUT WITH THE OLD IN WITH THE NEW IS WHAT I SAY!!!! hopefully good hearted people will be able to get things back to the way they should be.
Thanks for your update Kathy. I think we all agree about how things are handled in this county regarding our beloved animals.
We can begin with our current laws. They have NOT been updated since 1991. It sickens me that we have a panel of commissioners that do not take the time and effort to enforce the proper laws needed to protect and give solutions for animal care. We have ONE animal control person (not captain), and it is impossible to handle this entire county. You think since they get almost $700K a year for animal control, they would certify “several” animal control officers??
This will be the second time a “task force” was asked to provide solutions, and what are they? Years ago when the first task force made recommendation, nothing was done. So here we are with a second group and what are the answers?
Also, the State Police investigation is completed. So where is this report???
You would think the commissioners would provide a special meeting to the public and let us know where we are in what is going on???
I agree that the SPCA could have taken a drive to see the conditions of these poor animals, but then again, they never take care of anything else, except breed puppies, and take our money!
This is a hard fight and yet the solution is so somple to do the right thing for our animals in this county !!
First, this latest story makes me sick. Have you ever seen so much buck-passing in your life? And with animals lives at stake? The message is clear–they simply do not care. Unbelievable.
Second, I understand that the Task Force is nearly ready to makes it’s recommendations to the county council. My question, Del. Smiegel, is this: what if the council chooses to turn a deaf ear?
Third, does anyone know how an email data bank can be compiled so people can be informed/notified in a timely manner when there are situations and issues that they need to weigh in on?
Nobody reads the paper and remembering to check this blog is sometimes a problem. Ideas, anyone?
Something tells me that the will to address and improve the animal care and control situation in this county is not going to be there. We have to be ready for the next round. These people are spending OUR TAX MONEY on that miserable SPCA. It has to stop. Vote the bums out!!
I agree with many of your sentiments. I am working on the E-mail alert and we will have it ready soon. We had a way to register on the Mikesmigiel.com web site but are having some problems that my tech. folks are working on. I will post something when we get it corrected.
I couldn’t agree more with Andy — we rarely hear about these things until it’s too late. Being a newbie to this site (and technology) makes me a lagger (as you can tell by how many days passed since I checked in on this). I am relieved to hear that the situation has had a happy resolution. This site is the best “clearinghouse” so far for these kinds of alerts. Thank-you, Del. Smigiel, for telling me about it. I, like Kathy, had comments posted here that I only found out about much after the fact. Depending on anyone in the news media to spread the word is futile.
here I sit and think about what the spca got away with. Back on aug 27, 2008. Jerry Hawkins shot at my dog Te Te( Pitt Bull ) and Sadi ( Black Lab) six times. However Jerry Hawkins hit Te Te three out of six. He shot Te Te because he is a pitt bull, me and my son beg Mr Hawkins please dont shoot him we will catch him and hand him over and he said to us with his shot gun in his hand this is what we do too pitt bulls. I just dont understand how cann someone get away with this. I thought that the law is to help everybody but i guess if you are poor and dont have the money to fight than you have to live with the 1400.00 vet bill that we have to pay because Jerry Hawkins can walk around and be gun happy. he shot his gun in the woods where homeless people live and children play. What is wrong with the laws here. How can he get away with this act. I set and pray to god everyday that justes will be done. And I know that god will handle it in time. TE TE still has problems till this day because of this.
Deara Mike,
Concerning the CCSPCA…
I had occassion to apply for employment at the SPCA prior to the when the present administration was still in “control”. I was granted an interview and given the grand tour of the facility.
Long story short…They have a large walk-in cooler to keep the dead animals in prior to creamation. When the lead control officer opened the walk-in door wide and stepped aside for me to get a full view I was flabbergaasted to see a large dead adult St. Bernard propped on a chair facing the open door. I wasn’t frightened by the exposure, rather sickened by it.
The very same control officer who was fired and started the latest “scandel” was the one who was my tour guide. He did these things then and he continues today. Bad habits are had to correct in animals, darn near impossible in humans.