Animal neglect not always easily to identify under law

In a mostly quiet neighborhood behind Arena Park, a Rottweiler has lived most of his eight-plus years tied to a chain wrapped around an old tree, neighbors say.

The dog was "rescued" Sunday and brought Donna McCarty, whose daughter lives in the area. McCarty, who said the dog was "skin and bones," took the animal to a Cape Girardeau veterinarian.

"I can't believe there are people out there that would do this," she said. "It's just unbelievable."

Several neighbors who spoke to the Southeast Missourian on Monday said they have fed and watered the dog over the years.

"He's always chained to that tree, summer, winter, his whole life," said Karen Ruebel, who lives down the street.

Ruebel and others have filed complaints against the Rottweiler's owners, charging, among other allegations, animal neglect. The owners have never been cited for neglecting the dog, and tell the Southeast Missourian they take care of it.

Ty Metzger, nuisance abatement officer for the Cape Girardeau Police Department, said the dog's owners are "borderline" within city and state laws on the appropriate care of animals. He said the dog has shelter, albeit a weather-worn doghouse, is leashed or attached to the property and appears to be fed. Metzger said animal control agents who have investigated complaints have not found any signs of neglect under the defined terms of the ordinance.

"I'm not saying these [neighbors] are wrong, but we are only allowed to do what the law allows," Metzger said. "We can't infringe on somebody's right because of opinion."

Unlike theft and assault laws, animal neglect ordinances aren't always cut and dried, Metzger said. The department averages as many as 30 tickets for animal nuisance violations a month, depending on the time of year. Metzger said the Rottweiler's owners have been ticketed for leash violations, for dogs roaming the streets.

Under Cape Girardeau County's adequate care section of animal abuse and neglect statutes, pet owners are required to pay "normal and prudent attention to the needs of an animal, including wholesome food, clean water, shelter and health care as necessary to maintain good health."

There are easily defined cases of neglect, Metzger said, like an arrest in August, when officials seized 75 animals from a residence on Boutin Drive, where officers say a child and her mother were living in "extreme filth." And there was an incident involving a Cape Girardeau couple who kept several dogs on chains without collars. Metzger said the dogs' necks ended up growing around the chains, which had to be surgically removed.

Cheryle Dillon, director of the Humane Society of Southeast Missouri, said cases of neglect have risen in the past couple of years, in part because of the economy.

"But I think people aren't as humane as they should be; they lack compassion," Dillon said.

In an e-mail forwarded to the Southeast Missourian, the veterinarian who examined the Rottweiler said there was no evidence of abuse or neglect. The dog, the vet said, has a condition called IVDD, which causes muscle loss in the hind end. "There is no cure and usually we place these dogs on anti-inflammatory drugs," the vet wrote.

McCarty said she was shocked at the finding, especially after what she believes has been years of neglect.

Metzger said those who took the dog could face trespassing charges, if the property owner decides to press the case.

mkittle@semissourian.com

388-3627