But what, exactly, is “service dog fraud?”

First, what it isn’t. You may see statements that service dog fraud is a federal crime, but it isn’t — at least not when it comes to a person with a fake service dog. The Americans with Disabilities Act (ADA) does cover the definition of service animals, which is currently limited strictly to dogs and miniature horses, but it does not provide any penalties at the moment for falsely claiming that a companion animal is a service animal. Regulation and registration of those animals — other than what kind of animal they can be — are left up to the states.

However, the ADA does require almost all businesses to allow entry to legitimate service animals and only allows those businesses to ask two questions:

1. Is this a service dog required because of disability?
2. What is it trained to do to mitigate the disability?

Service vs. support

Obviously, this means that businesses can reject all other animals outright because they would never fall under the definition, but maneuvering around the law in order to determine whether an animal is legitimate can open that business to federal penalties if they wrongfully reject a real service animal from their premises. The only exception is if the animal becomes disruptive or is not housetrained.

Also note that a dog must be trained to actively do something to help with a disability, which creates another gray area. A legitimate PTSD service dog, for example, is trained to sense when its handler might be in danger of having a panic attack and taking action in order to prevent or mitigate that attack. However, if someone, even if they’re suffering from PTSD, wants to bring along their untrained dog because it makes them feel calmer or more secure that is, unfortunately, an example of service dog fraud.

There is an exception when it comes to air travel. The Air Carrier Access Act does allow both service dogs and emotional support animals (ESA) to travel on airplanes. However, there are strict requirements for ESAs, including a letter dated within the past year from a mental health professional stating that the traveler has been diagnosed with a mental-health related disability as defined in the DSM-IV, that the animal is necessary to the passenger’s health or treatment, and that the passenger is under the care of the professional who wrote the letter.

Abusing the system

Recently, far too many people have been taking advantage of the law fraudulently, leading to non-service dogs being brought into places where they don’t belong, like restaurants, grocery stores, and movie theaters. An entire industry of fake service animal “registration” businesses has also cropped up, largely online and generally unregulated.

As a dog owner, it’s never a good idea to use one of these services. As a business owner, it’s a good idea to know how to be able to spot fake certification. And, as a direct result of this abuse, many states have now made such fraud a criminal act, hence the new warnings appearing.

States respond

California, for example, has the harshest penalties for fraud, which the law describes as when someone “knowingly and fraudulently represents himself or herself, through verbal or written notice, to be the owner or trainer of any canine licensed/qualified/identified as a guide, signal, or service dog…” (CA Penal Code § 365.7). The penalty is up to six months in jail or a fine of up to $1,000, or both.

Currently, California and eighteen other states have laws concerning service animal fraud: Colorado, Florida, Idaho, Kansas, Maine, Michigan, Missouri, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Texas, Utah, Virginia, and Washington, and other states, like Massachusetts, are working on their own laws.

Not a victimless crime

We all love our dogs, and it’s understandable to want to take them everywhere with us — the upswing in dog-friendly workplaces and restaurants demonstrates that. However, as attractive as the idea may be, there are just places where dogs don’t belong.

And this isn’t just about bothering people who might be allergic or who don’t like dogs. It can be a very stressful experience for a dog that isn’t trained to handle crowds or busy public places. It can also harm people with a legitimate need by forcing businesses to question everyone with a service animal.

So unless you do have a legitimate disability and a trained service dog leave your dog (or cat or ferret or other furry friend) at home the next time you’re going somewhere that only allows service dogs. It’ll be better for your pet, for you, and for the community in general.

The post Doing A Disservice: The Harm In Service Dog Fraud appeared first on Cesar's Way.

Statistics are hard to find, but according to Much Love Animal Rescue, the LA Animal Services reports there are between 26,000 and 44,000 homeless dogs in the city at any one time. Estimates put the number of owned dogs in the city at about 460,000, with the number in the county at about four times that, so there could be upwards of a hundred thousand homeless dogs countywide.

As for why the limit in the first place, the issues mainly center on the effect a large number of dogs can have in an urban setting, such as noise, odor, or other nuisance, although there’s not a lot of consistency from place to place, nor is there a clearinghouse with all the information in one place. This is largely because such laws are set on a city or countywide basis, and there are over 3,100 counties (or equivalent jurisdictions) in the U.S. alone.

In some places, like Washington State, where there are limits, the standard seems to be three dogs, or three cats, or a combination of the two. Some places, like Providence, Rhode Island, are just now enacting three-dog limits, while others, like Grand Rapids, Michigan, have considered but then rejected such ordinances. Of course, the standard limit can vary. Fort Wayne, Indiana, allows up to five dogs, seven cats, or a combination of up to seven of both — and there are “grandfather” exemptions for people who live in unincorporated areas that are later annexed into the city.

There are also arguments against limits, which have been summarized by the American Kennel Club, which feels that limits do nothing to stop irresponsible owners while punishing responsible ones, are difficult to enforce, and can actually burden the community by contributing to the problem of homeless dogs and the extra expense of enforcement.

The question on number of dogs in a household should really come down to the humans and the dogs. Some people are quite capable of responsibly and safely having a larger number of dogs living with them, while others really shouldn’t even have one. The problem is, of course, that laws need to be “one size fits all.” It’s finding that right size that isn’t always easy — as the huge disparity in existing laws demonstrates quite readily.

Are there dog limits where you live or not? How many dogs do you have in your household, and do you think it’s too few or too many? Let us know in the comments!

The post Pet Limits: The More The Merrier? appeared first on Cesar's Way.

Breakups inevitably come with the splitting up of material possessions—taking what you initially came into the relationship with and divvying up items like couches and coffee tables. But what happens when you own a dog together? Figuring out what to do with a dog that you owned with an ex can be a tough and emotional battle. While it’s easy to say that you’d like to take Fido yourself, it’s best to keep the dog’s interest in mind when deciding its post-breakup fate.

Just like in dealing with kids in a divorce or breakup, there are three typical scenarios that former couples with a shared dog can explore:

Your Options for Deciding Who Gets the Dog After a Divorce or Break Up

You Split Custody

“My ex and I have had joint custody for 2 years. It works really well and we’ve worked it out so one of us has the dog for a week and then we switch for the next week.” —Lisa Chang

You Give Full Custody to the Other Person

“When Josh and I split, I had to move somewhere where I couldn’t have a dog. The lawyer asked if I wanted visitation rights in the divorce papers, however, I was moving and starting a very demanding job and wouldn’t have the proper time to devote to spending time with Duncan. I figured it would be too hard on him for me to just pop into his life sporadically. I gave Josh full custody. It was hard on Duncan at first but in the long run, I took comfort in knowing that he was able to be with the parent that had the most time to devote to him.” —Hilary Parker

One of the Owners Takes Custody But Gives the Other Visitation Rights

“Emily took Charlie when we broke up. It was hard to give him away but we worked it out so I could still visit him. I go pick him up and take him to the park every now and then and even though I’m not around much anymore, he’s still always happy to see me.” —Bob Browne

After assessing your options, how do you decide which scenario works best for you? While many of these decisions are settled in court, The Animal Legal Defense Fund (ALDF) recommends amicably working this out with your ex while taking lifestyle factors into consideration. Before deciding who is going to keep the dog and how you are going to handle custody, consider:

Splitting up is never easy, especially when there is a beloved pet involved. Whether or not you and your ex decide to share custody, give the dog to solely one of you, or draw up visitation rights, make sure that you have your dog’s best interest at heart.

How did you handle dog custody when your relationship ended? Let us know in the comments section below.

• Who is moving to a new home? A break up can be stressful enough on a pet without it having to relocate to new environment.
• If the pet belonged to one of the owners before entering into the relationship, the couple should consider giving custody to that person as the dog may be more attached to them.
• Who has the most time to properly care for the dog? It’s only fair that your beloved pet is able to spend time with the owner that has enough flexibility in their schedule to exercise and spend time with it.
• Do you have children that are attached to the dog? If so, it may be best to have the dog live with whichever parent the children will live with.
• Do you have more than one dog? While an obvious solution may be for each person in the relationship to take one of the dogs, it’s important to assess how attached the dogs are to one another. Splitting them up may cause more of an emotional strain than you think.
• If you are considering co-parenting, is it possible for you to maturely work out a shared custody situation? It may sound like a good idea but it only really works when you’re able to put aside your differences for the sake of your dog. You will have to see each other when transferring the dog between homes after all.

The post Who Gets The Dog After A Break Up? appeared first on Cesar's Way.

You would probably never think of your beloved dog as a liability, but unfortunately, that’s exactly how some homeowners associations and apartment complexes view dogs.

If you’re buying a home, you may discover that your homeowners insurance doesn’t cover dog bites, and if you’re looking for an apartment, townhouse, or condo to rent, you may find the landlord turning you away if you can’t show that you have insurance coverage for your dog.

Why Would I Need Dog Liability Insurance?

There are several reasons why you, as a pack leader, might need to take out a canine liability insurance policy.

One of the most common reasons is because most major insurance companies have a list of so-called “dangerous” dogs that they won’t cover in their homeowners insurance, even if the dog has no bite history. These “dangerous dog” lists commonly include breeds like pit bulls, Staffordshire terriers, Doberman pinschers, Rottweilers, Great Danes, German shepherds, Alaskan huskies, and wolf hybrids.

You might know that your dog is a gentle giant with no history of aggression, but if they belong to a breed that’s been deemed dangerous, you won’t be able to get coverage from your homeowners or renters insurance.

You may also need dog liability insurance if your dog has bitten someone before. All dogs have the potential to bite if they feel threatened or scared. Your pup may have nipped at a neighbor if the neighbor started roughhousing with them in a way they didn’t like, or she may have bitten one of your friends who got too close when she had a litter of puppies.

Even if your dog has never bitten anyone, if they have gotten rambunctious and knocked someone over, they may be branded as having a history of aggression.

Unfortunately, most homeowners or renters insurance companies will not take specific circumstances into account and will refuse coverage to any owner whose dog has a bite or aggression history, no matter what the breed.

How Do I Get Dog Liability Insurance?

Several brokers and insurance companies in the United States currently offer canine liability insurance, so if you’re being required to carry this type of insurance by your county, apartment complex, or homeowners association, you should look for a company that is licensed to sell insurance in your state.

Take the time to do your research and read over policies carefully to make sure there aren’t any problematic exclusions. Some companies will only offer coverage for your dog when she is on your property, so if the two of you are walking around the neighborhood or playing at the dog park when the worst happens, you’ll have to pay for any damages out of pocket.

Premiums vary from company to company, with some organizations offering policies that start as low as $75 a year and others that go up to $1,000 (depending on the deductible, the dog breed, and any bite history). Some companies offer specific policies for individual dogs, so you may be able to negotiate a lower price if you can show your dog has no history of biting or aggression. Providing proof of obedience training or other specialized training may also help lower your rates.

Although you might hate the idea that your dog needs liability insurance just because other people think he or she is potentially dangerous, it’s better to pay for the coverage than to face paying for injuries out-of-pocket or becoming separated from your canine friend due to housing restrictions.

Find the right policy, and rest easy knowing that you and your dog can stay together.

Have you ever being sued for your dog’s behavior? Tell us all about it in the comments.

The post Dog Liability Insurance 101 appeared first on Cesar's Way.

At 72° F (22° C), it only takes an hour for a car to hit 116° F (47° C). Raise the outside temperature to just 80° F (27° C) and it can hit 100° F (38° C) in just ten minutes.

Put a dog in that car and not only will it contribute to the rise in temperature, it can die very quickly from heatstroke.

This is why it’s very important to raise awareness of the danger of hot cars to dogs, and to do something about it if we see a dog locked inside of a car.

What to Do If You See a Dog in a Hot Car

The Humane Society of the United States (HSUS) recommends taking the following steps if you do see a dog locked in a car:

• Get the make, model, and license plate number of the car.
• If there are nearby businesses, ask them to make an announcement to find the car’s owner.
• If they can’t locate the owner, call the police department’s non-emergency number or local animal control, and wait by the car until they arrive.

Even before you encounter this situation, HSUS suggests that you have the appropriate numbers already in your phone or car, and know the laws regarding such situations in your local jurisdiction. One of the trickier issues is whether it’s legal to break a window or otherwise damage the car in order to get the dog out, and opinion on this is still mixed.

In Worcester, Massachusetts, for example, a police chief warned that people who broke windows to get dogs out of hot cars would be prosecuted. In other cases in New York and Canada, people who did so were not held liable, while the owners were fined for animal cruelty.

In an interview with AZFamily.com, Phoenix defense attorney Russ Richelsoph explained that the law isn’t always clear-cut on the issue, but added, “We have something called the necessity defense,” in which police “are going to weigh the value of the window versus the benefit of saving that dog’s life.”

What this means is that if a “reasonable person” would agree that breaking a window was the best and only way to save the dog’s life, then doing so would be justified.

This is why it’s vital to take the steps recommended by HSUS above. Maybe the owner will turn up in a couple of minutes, or police or animal control show up in time to rescue the dog, in which case breaking into the car would not be justified and a would-be good Samaritan could be arrested or fined for it.

How to Raise Awareness

Prevention is always better than having to deal with an emergency, so the best way you can help is to raise awareness beforehand. The HSUS has a pamphlet that you can distribute to educate people about the danger of hot cars, and you can also practice a little activism to try to get business owners to post warning signs. Finally, educate yourself about your local laws regarding pets in hot cars. If there aren’t laws against it now, contact local government to petition for a change. If there are laws, learn them and tell your friends.

Many people love to take their dogs with them on errands but they may not understand the potential dangers of even short time periods locked in the car. Raising awareness now will save lives in the future.

The post An Oven On Wheels appeared first on Cesar's Way.

When you bring a four-legged companion into your home, you become responsible for their well-being, making sure they’re exercised, fed, and able to do their business, while remaining healthy and happy. In return, they teach you new things, provide unconditional love and devotion, and often help you to branch out in ways you never expected. Many people feel that they become a parent to their dogs just as much as they would to any human child.

But what happens if your dog is still around after you pass on? How can you make sure that he or she will be taken care of? Do you need to set up a trust to take care of your dog? They’re available in 46 states and Washington, D.C., and some people have left millions to ensure proper care of their pets. (The states that have no such laws are Kentucky, Louisiana, Minnesota and Mississippi.)

But you don’t need to get that fancy. The answer is fairly simple, really: include your dog in your will.

You Need to Put a Plan in Place

Unfortunately, there’s simple — and then there’s simple. If you want your kids taken care of, you leave them money or other assets. But you can’t leave property to a dog because the law considers dogs to be property themselves. You have to do it in a roundabout way, which means coming up with a plan.

Pick a Caregiver

Even if you could leave your dog a million dollars, it wouldn’t do much good because dogs aren’t exactly savvy financial planners. If pets don’t have someone to take care of them, often they end up euthanized, so your first order of business is to identify someone you trust to take care of your dog and make sure they’re willing and able to do it.

Name this person in your will as your dog’s caregiver and make sure to select a backup person, too, just in case things change.

Provide Money

Once you have a caregiver in place, you state in your will that you want them to receive a certain amount of money to be used to take care of your dog. If the dog dies before you do or that person backs out, they don’t get the money.

And that’s it, really. Do those two things, and you’ve done all you really need to do as far as the law is concerned.

Want to take it a step further without setting up a costly trust? Sit down and write up a “study guide” of sorts about your dog. Does he really love belly rubs more than anything? Can she only eat or drink certain things? Do they have medical conditions? What’s the vet’s contact information? Are there people they really get along with? Is it a bad idea to bring kids around? What is her favorite toy? His favorite place to run?

Give this “guide” to your dog’s future caregiver to help them to get to know your pup, and you’ll be helping to ease the transition if it becomes necessary.

Do you plan to include your dog in your will? Share your plans with us in the comments.

The post How To Include Your Dog In Your Will appeared first on Cesar's Way.