Dog pooping in neighbor's yard

[CAL]

I was asked this and couldn't find anything specific in the penal code, etc. Here's the scenario:

Somebody is walking their dog legally (on a leash, etc.) and allows it to go on somebody else's property (yard, etc.) and take a dump and does not clean up after it. This occurs on a daily basis and is captured on video.

What charges, if any, could be filed? What comes to mind is, since it is on video, a citation can be issed for a class C misdemeanor for criminal mischief. I've highlighted the section of the penal code that may apply below.

§ 28.03. CRIMINAL MISCHIEF. (a) A person commits an
offense if, without the effective consent of the owner:
(1) he intentionally or knowingly damages or destroys
the tangible property of the owner;
(2) he intentionally or knowingly tampers with the
tangible property of the owner and causes pecuniary loss or
substantial inconvenience to the owner or a third person; or
(3) he intentionally or knowingly makes markings,
including inscriptions, slogans, drawings, or paintings, on the
tangible property of the owner.
(b) Except as provided by Subsections (f) and (h), an
offense under this section is:
(1) a Class C misdemeanor if:
(A) the amount of pecuniary loss is less than
$50; or
(B) except as provided in Subdivision (3)(A) or
(3)(B), it causes substantial inconvenience to others;


I think that the inconvenience element is present because the yard is used for the owner's children to play and they frequently step in the dog feces, staining their clothes and making it difficult to utilize this part of their property.

Thoughts?

[DD78]

First, refer yourself here. Why Cops hate you - The Texas Police and Law Enforcement Community Network

Then refer the problem to its rightful actors...Animal Control.

Arresting and charging someone with a misdemeanor over dog poop? Really?

[CAL]

First, refer yourself here. Why Cops hate you - The Texas Police and Law Enforcement Community Network (http://www.texascops.net/forums/showthread.php?t=57)

Then refer the problem to its rightful actors...Animal Control.

Arresting and charging someone with a misdemeanor over dog poop? Really?
Not arresting - I was thinking citation.

[CAL]

Apparently it IS a class C misdemeanor. I read up on the city code (attached).

[Feet]

Some city ordinances cover it too. Nothing more than Class C Misdemeanor.

I would resolve it by going into the neighbors yard and laying a big deuce on the front porch. I think they would get the message quickly.

[Shadowcop92]

Some city ordinances cover it too. Nothing more than Class C Misdemeanor.

I would resolve it by going into the neighbors yard and laying a big deuce on the front porch. I think they would get the message quickly.

Thats what I would do:haha:

[computerdiva]

Feet has a good point, just dont get caught, or get any on your Feet. lol

[Shadowcop92]

Oh Snap

[DD78]

Not arresting - I was thinking citation.

Well, we're not based in penal code here. We're a common law state. Around here "misdemeanor" means arrest. Citations are civil violations.

So how does it work in TX? What's the class of misdemeanor that triggers arrest?

It's still a matter for animal control. Shoot them an email and let them deal with it in the morning.

[Broke Hoss]

Generally, the Code of Criminal Procedure says we can arrest for misdemeanors only when they occur in our presence unless it is a Breach of the Peace, Assault, Family Violence, or Violation of Protective Order. However, we can cite individuals and require them to post bond rather than sign a promise to appear.

Of course I've seen policy vary from dept to dept on exactly how this is interpreted by thier prosecutor.

[DD78]

Generally, the Code of Criminal Procedure says we can arrest for misdemeanors only when they occur in our presence unless it is a Breach of the Peace, Assault, Family Violence, or Violation of Protective Order. However, we can cite individuals and require them to post bond rather than sign a promise to appear.

Of course I've seen policy vary from dept to dept on exactly how this is interpreted by thier prosecutor.

So if someone steals another person's purse, and you catch them (assuming it is of misdemeanor value and it's not a larceny from the person) after the fact you give them a citation and release on the scene?

Really?

[CAL]

So if someone steals another person's purse, and you catch them (assuming it is of misdemeanor value and it's not a larceny from the person) after the fact you give them a citation and release on the scene?

Really?
No, only a class C misdemeanor is a citation and release (unless I'm mistaken - I'll leave it to the LEOs to confirm). You still have Class B and Class A misdemeanors which are "go to jail" offenses.

[Broke Hoss]

That's pretty much how we do it here, again I stress that other places have different policys. Good knowledge of the law & creative use gets you through.

Example: I caught 4 car burglars a couple of months ago. BMV (sec 30.04) is a Class A Misdemeanor. I hate letting thieves go, so I charged them with Engageing in Organized Criminal Activity (sec.71.02); It is 1 degree higher than the offense commited, making the violation a State Jail Felony. Now I knew it wasn't gonna fly through the DA's office. But at least they were in jail for the property detectives the following morning.

Ain't it funny how different people use the same books, Penal Code & Code of Criminal Procedure, and come up with totally different interpretations/policys. Of course that's how we come up with religions being vastly different but using the same Bible.

[CAL]

That's pretty much how we do it here, again I stress that other places have different policys. Good knowledge of the law & creative use gets you through.

Example: I caught 4 car burglars a couple of months ago. BMV (sec 30.04) is a Class A Misdemeanor. I hate letting thieves go, so I charged them with Engageing in Organized Criminal Activity (sec.71.02); It is 1 degree higher than the offense commited, making the violation a State Jail Felony. Now I knew it wasn't gonna fly through the DA's office. But at least they were in jail for the property detectives the following morning.

Ain't it funny how different people use the same books, Penal Code & Code of Criminal Procedure, and come up with totally different interpretations/policys. Of course that's how we come up with religions being vastly different but using the same Bible.
That's what they are teaching us in the academy - charge for the highest offense possible and let the DA sort it out.

[Feet]

Generally, the Code of Criminal Procedure says we can arrest for misdemeanors only when they occur in our presence unless it is a Breach of the Peace, Assault, Family Violence, or Violation of Protective Order. However, we can cite individuals and require them to post bond rather than sign a promise to appear.

Of course I've seen policy vary from dept to dept on exactly how this is interpreted by thier prosecutor.

We are authorized to make a custody arrest for almost any misdemeanor. We choose to issue field release citations (tickets) instead of a custody arrest. If I pull a guy over tomorrow with no drivers license, I can choose to take him to jail or issue him a ticket.
If I see a guy taking a whizz in the street, I can issue him a Class C ticket for UIPP (Urinating In Public Place) or I could take him to jail on it. What we arrest for largely depends on department or agency rules/procedures.

No, only a class C misdemeanor is a citation and release (unless I'm mistaken - I'll leave it to the LEOs to confirm). You still have Class B and Class A misdemeanors which are "go to jail" offenses.

Texas now has cite and release for Class A,B,C violations. They newer Class B violations were pushed through legislation this year. It is an attempt to free up the jails and courts.

Regarding the purse theft, if the purse was sitting on a park bench or on a counter and was stolen, it would be simple theft, based on total value of items stolen and most likely a misdemeanor. If a lady had teh purse in her hand on shoulder and a turd snatched it from her, it would be categorized Theft From Person, State Jail Felony.

Also, If you are wearing an ipod and a turd walks up and grabs it from you and runs, it is Theft From Person SJF. In court they might plea it down to misdemeanor theft.

[DD78]

We are authorized to make a custody arrest for almost any misdemeanor. We choose to issue field release citations (tickets) instead of a custody arrest. If I pull a guy over tomorrow with no drivers license, I can choose to take him to jail or issue him a ticket.
If I see a guy taking a whizz in the street, I can issue him a Class C ticket for UIPP (Urinating In Public Place) or I could take him to jail on it. What we arrest for largely depends on department or agency rules/procedures.



Texas now has cite and release for Class A,B,C violations. They newer Class B violations were pushed through legislation this year. It is an attempt to free up the jails and courts.

Regarding the purse theft, if the purse was sitting on a park bench or on a counter and was stolen, it would be simple theft, based on total value of items stolen and most likely a misdemeanor. If a lady had teh purse in her hand on shoulder and a turd snatched it from her, it would be categorized Theft From Person, State Jail Felony.

Also, If you are wearing an ipod and a turd walks up and grabs it from you and runs, it is Theft From Person SJF. In court they might plea it down to misdemeanor theft.

You see here, both purse and iPod "snatching" would be a second degree robbery. If the victim was elderly/mentally or physically impaired, any weapon was displayed or threatened, or ANY injury occurs then it becomes a 1st degree robbery. Both are felonies. 2nd degree robbery is 5-30 yrs. and/or a $10k fine. 1st degree robbery is 10 to life and/or a $15k fine.

In reality you MIGHT serve a year for a 1st degree charge with some suspended time. It's lame around here.

I make a custodial arrest for every misdemeanor and felony except reckless driving, driving on a suspended license, driving with an expired license, and driving without a license. Many departments go custodial on EVERY misdemeanor. We're just nice like that. That and we have so much of that crap that we don't have the jail space for it.

We don't have county jails. We have a cell block in the basement. Once arraigned in said basement by a Bail Commissioner (a special JP) you MIGHT get sent to the Intake Service Center (ISC). That's the statewide equivalent for county jail. Everyone there is awaiting trial.

From there once convicted or serving a sentence for violation of probation you get sent to the Adult Correctional Institution (ACI) at a specified security level.

All capias warrants go straight to the ISC without passing go if the courts are closed.

[CAL]

Here's how Texas breaks it down:

Class C misdemeanor (speeding tickets, etc.) - no confinement, up to $500 fine
Class B - up to 180 days in jail, max fine of $2k
Class A - up to 1 year in jail, max fine of $4k

State Jail Felony - 180 days minimum to 2 years in a state jail, up to $10k fine
3rd Degree Felony - 2-10 years, max $10k
2nd Degree Felony - 2-20 years, max $10k
1st Degree Felony - 5-99 years or life, max $10k
Capital Felony - Life without parole or death

Of course we have repeat offender and habitual offender (3rd strike rule) enhancements. Generally, a repeat offender gets punishment one degree higher than crime.

[DD78]

You see, we break down like this...

Violation: Twofold. Both are considered civil violations.

a.) A traffic ticket. Speeding, red light, equipment violations, et al. No jail time associated.

b.) An arrestable offense that would not be a crime if the offender had reached a specified age. For example, possession of alcohol by a minor (under 21)

Petty Misdemeanor:

An arrestable offense that carries no more than 6 mos. jail and/or a $500 fine.

Misdemeanor:

An arrestable offense that carries up to one year jail and/or a $1000 fine or less.

Felony:

An arrestable offense that carries more than one year jail and/or greater than a $1000 fine.

Capitol Felony:

An arrestable offense that carries the maximum punishment allowed by law. There's no death penalty in RI, so that would be Life without Parole.

[Reno911]

Shit man, (no pun intended) in Reno our animal control officers don't have law enforcement powers. They can't issue citations or make arrests. That falls on us. The Nevada Revised statutes allow arrests for all misdo's. It's our discretion. Working the bike team puts us in all the downtown parks. We get rid of a lot of "turds" by issuing the $195.00 citation or bail. It falls under animal waste and disposal. A good tool to use if you need something........

[DD78]

Shit man, (no pun intended) in Reno our animal control officers don't have law enforcement powers. They can't issue citations or make arrests. That falls on us. The Nevada Revised statutes allow arrests for all misdo's. It's our discretion. Working the bike team puts us in all the downtown parks. We get rid of a lot of "turds" by issuing the $195.00 citation or bail. It falls under animal waste and disposal. A good tool to use if you need something........

Our ACO's can issue civil violations (tickets) as they relate to animal control issues. They cannot carry weapons, they cannot stop cars, they cannot make arrests, and they are not law enforcement officers.

They're kind of like meter maids for dogs.