Video surfacing online shows the dog chained to a doghouse in subzero temperatures.
Chautauqua County Sheriff Joseph Gerace told 7 Eyewitness News Animal Control Officer Steve Purol and a canine officer examined the dog’s living conditions Thursday.
“It’s something we take seriously. We care about the dog. We’ve investigated thoroughly and no laws have been broken,” said Gerace.
Purol says the dog has access to an insulated dog house, which is in the owner’s back yard. He also says the dog has seen no harm.
“The dog was healthy, well taken care of and the owner was cooperative,” said Purol.
The dog’s shelter is described to 7EWN by Gerace as being “adequate” and “in accordance with the law.” Gerace spoke with the dog’s owner who says the dog doesn’t like being indoors and because of its breed, enjoys being outside.
Purol said, “If you have an outside dog who’s use to the weather and you bring them inside for a long period of time, they lose their insulation then putting them back outside is harmful.”
Before leaving the owner’s home, Purol said it would be “more prudent” if the owner put the dog in the garage.
“He brought it in the garage. He was very cooperative,” said Purol.
Attorney Matthew Albert of The Law Offices of Matthew Albert Esq. doesn’t agree with Gerace’s or Purol’s description of the doghouse.
“You can see what it is. It doesn’t break the wind. It’s not even close to being appropriate shelter,” Said Albert.
He says the shelter violates portions of New York’s Agricultural and Markets law section 353-B.
“I’m going to be FOIL requesting every animal cruelty complaint that the Chautauqua County Sheriff’s filed against any potential defendant. My understanding is that there won’t be any or very few,” said Albert.
Now Chautauqua County Sheriff’s Office is pursuing the person behind the video for trespassing. Gerace said the dog can’t be seen from the road.
“Someone trespassed on the owner’s property so he filed a complaint,” said Gerace.
This is something Albert finds unsettling.
“It’s so backwards that a law enforcement agency is allowing animal abusers to abuse animals and pursuing concerned citizens who want to prevent abuse,” said Albert.
Gerace said phones to dispatch have been ringing off the hook with concerns from people as far away as Los Vegas. He describes this as a major distraction.
“Stop calling our office. It’s taking our emergency dispatch away from their regular duties,” said Gerace.
The Chautauqua County Animal Control office has also received a lot of calls.
“I appreciate all the calls but do not take matters into your own hands. Let the professionals handle it,” said Purol.
Both the Chautauqua County Sheriff’s Office and Chautauqua County Animal Control say the dog is healthy and the video doesn’t properly represent the truth.
(WKBW - Feb 20, 2015)
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