If I see animals in distress, is it OK if I trespass to rescue them, steal them or even provide feed for them?
The answer to this question in most jurisdictions is an unequivocal, no. The people who usually ask don’t like that answer and they keep asking other people until they find someone who sympathizes with them and says yes.
It is understandable that if one sees animals on a property that seem to not be receiving enough feed or water, they want to help. Typically, they want to help by jumping the fence with some feed or to water them. The law, however, is very clear on this matter in most places.
Animals are chattel property, just like cars or sofas. One does not have the right to try and provide for animals in need by trespassing, even when you can see the problem. It does not matter how upsetting the sight may be to you.
Instead, the law provides a remedy in the form of animal control, the local law enforcement agency or, in some places, the code enforcement agency.
These groups are tasked with ensuring animals are cared for in accordance with local and state laws. Universities that receive federal funding are layered over with federal animal care and use legal standards. In some jurisdictions, animal control is contracted out to private animal control agencies.
So, the first thing to ask if one sees an animal in need on public or private property is, who has jurisdiction over animal welfare in this case? Usually, it’s a good thing to simply call the nonemergency number for the sheriff’s office, and they can likely tell you right away who is in charge of such matters.
To explain the animals as property a little more, consider the most desirable thing you have ever imagined. Umm, let’s say it is a car, perhaps a 1967 Yenko Camaro. It had the most powerful engine available at the time.
It could do 140 mph. Now let’s say you see one next to a guy’s barn under a ripped tarp.
Your binoculars from the public roadway tell you there are chickens living in the car and all four tires are flat.
Now you could offer to care for the car in a number of ways. You could even make an offer to buy the car. The owner however has no obligation to even speak to you much less entertain any offers you may put forth. They can let their property sit there and rot. Heck, they can even cut the car in half with a torch if they choose.
It is much the same (but not identical) with animals unless one reports their condition to proper authorities. Now, I hear your thoughts. Yes, it is true that often the proper authorities do not seem to make time as you see fit to investigate. Even if they do, they may or may not speak to the owners and effect change in the way you imagine they should.
As I have told many groups before, an animal owner can kill their own animal if they choose so long as they do so within the law. This goes for dogs and cats, too. The animal must not suffer and the method used must fall within the law for say, discharging a firearm. You certainly can’t do that in town, but one could do it on some public property and dispose of any remains properly.
If that doesn’t sit well with you, it’s time to get involved and change the laws on the matter.
Powell is the retired public information officer for Washington State University’s College of Veterinary Medicine. This column reflects his thoughts and no longer represents WSU. For questions or concerns about animals you’d like to read about, email charliepowell74@gmail.com
