Inci -1-Ti sda/15836 Entered by: Tedd Ni ckerson APDC

(Rev.
01 l2d 12) Prirf Date: 06D61N13
Why does Tisdale check
"Non-Criminal" then cite a
provision of the Penal Code,
Misdemeanor, in the line
below?
The hearing was scheduled for 1:30 p.m. that day, 2 hrs.
and 47 min. later after this police report was written.
Address redacted
Arrest tr
Cri me r
Non-Cri mi nar
E
Pulm Sprinss PD
200 S. Civic Drive
cA033 I 100
Crimes, Persons and Additional Vehicles
CASE #
1301P-2941
PAcE 1 or 1
oFFENSE(S)
597.1(A)PC;Owner/Etc FailTo Provide Animal Gare; Misd.
OFFENSE(S) cont ' d
DATE, TIME AND DAY OF OCCURENCE
01116,13 10:43 Wednesday
DATE AND TIME REPORTED
01/16/13 10:43
LOCATI ON OF OCCURENCE
LOCATION NAME TYPE OF LOCATION BEAT I SECTOR
ADDTTTONAL OFFENSE(S) ADDITIONAL OFFENSE(S) cont' d.
:E; #
'ru'rti!;
CODE
PO 1 o r 1
NAME. LAST, FIRST, MIDDLE, SUFFIX
Rutgard, Richard
,
Palm Springs, cAg2262
Cel l ul ar
5
OCCUPATION RACE
w
SEX
M
AgE
DOB
49
ADDRESS 2 PHONE 2
)L STATE
3A R0114639
SSN INJURIES \DDRESS 3
)HONE
3
]ODE
RP 1 o r 2
{AME. LAST, FIRST, MIDDLE, SUFFIX
Tisdale, Leslie
l usi ness
200 Givic Dr, Palm Springs, CAg:2262
PHONE 1
OCCUPATION RACE SEX AGE DOB ADDRESS 2 PHONE 2
J L D I A I t r SSN INJURIES \DDRESS 3
)HONE
3
}ODE
RP 2 o r 2
IAME -
LAST, FIRST, MIDDLE, SUFFIX
Nickerson, Tedd
\DDRESS 1 PHONE 1
OCCUPATION RACE SEX AGE DOB ADDRESS 2 PHONE 2
J L D I A I t r SSN INJURIES \DDRESS 3
]HONE
3
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BY OFFICER
L. Tisdale 15836
DATFJTIME
01124113 15:05
APPROVED BY
Mike Villegas 15149
DATE APPROVED
dttz+trc
OFFI CER UNIT/SHIFT ASSIGNED TO CASE STATUS
Active
APDC (Rev. 09/l V07) Prift Darc: 46261N13
Address redacted
Address redacted
Arrest t]
Crime n
Non-Cri mi nar E
Pulm Sprinss PD
200 S. Civic Drive
cA033 1 100
Narrative Report
CASE #
1301P-2941
Page 1 of 4
OFFENSE(S)
597.1(A) PC;OwnerlEtc FailTo Provide Animal Care; Misd.
OFFENSE(S) cont ' d.
)ATE, TIME AND DAY OF OCCURENCE
01116113 10:43 Wednesday
DATE AND TIME REPORTED
01116/13 10:43
rypE oF LocATtoN IBEAT lsEcToR LOCATION OF OCCURENCE -OCATION NAME
: ,
' , . .
. : . . i
RE: Animal Seizure at e Palm Springs, CA per CA P.C. 597.1(g)
Permitting Animals to Go Without Care: Veterinary Care for Injured Animals Preseizure and
Postseizure Hearings.
Intent to Seize:
Palm Springs Animal Control, with the assistance of the Palm Springs Police Department and
the Animal Rescue Gorps intend to seize all dogs and puppies and any other animals found
at the property where the animals are being kept at e Palm Springs, CA as
well as from any veterinary service providers where Mr. Rutguard has animals for treatment
as per CA P.C. 597(b) Crimes Against Animals and will be charging the animal owner,
Richard Rutguard, of e Palm Springs, CA with animal cruelty.
It is believed by Palm Springs Police Department Animal Control Officers that all the animals
in Mr. Rutguard's possession need to be seized under the authority and processes of CA
P.C. 597.1(g) Permitting Animals to Go Without Care: Veterinary Care for Injured Animals
Preseizure dnd Postseizure Hearings.
Mr. Rutguard was personally served a Notice of Intent to Seize all dogs in his
possession by
Animaf Control Supervisor Tedd Nickerson on ihe date of Saturday January 12,2013. The
Intent to Seize Notice includes a form and the instructions for requesting a Preseizure
Hearing and
the
time limitations for Mr. Rutguard to make the request for hearing.
Mr. Rutguard contacted the Palm Springs Police Department within the time permitted to
request the hearing and the Palm Springs Police Department accommodated Mr. Rutguard
with a hearing scheduled for January 16, 2013 at 1330 hours to be held at the Palm Springs
Police Department. As of January 16,2013, the time restraints noted in 597.1(g) for
requesting and providing
the 597.1(g) Preseizure Hearing have been met by both parties.
Reason for Necessity to Seize:
Palm Springs Animal Gontrol Officers believe that based on the number of the dogs on the
property (the estimate is between 20 to 30 total), the escalating number of dogs being
BY OFFICER
L. Tisdale 15836
DATE/TIME
0112412013 15:05
APPROVED BY
Mike Villegas 15149
)ATE APPROVED
Ml24l13
OFFI CER JNIT/SHIFT ASSIGNED TO J A ' E D I A I U O
Active
Inci-1-Tisda./15836 Entered by: Tedd Nickersor Pagelof4 APDC (Rev.03/1710) Pdff Darq 06126D013
How did Palm Spring City officials and Animal Rescue Corps already know the outcome of the
pre-seizure hearing that had not even started when this report was written? They knew the result in
advance which gives the appearance that the hearing was just a sham. Maybe they figured no one
would bother to see what they did.
They didn't "accommodate" Rutgard with a
hearing. The law REQUIRES it.
Was it really a legal reason? Or could it be that Friends of the Palm Springs Animal
Shelter, Animal Control, and Animal Rescue Corps had already planned a highly
publicized "rescue" and had to make it look legitimate by giving an official looking
reason?
Address redacted
Address redacted
Address redacted
Address redacted
T Arrest
Crime n
Non-crimin"r
E
PuIm Sprinss PD
200 S. Civic Drive
cA033 I 100
Narrative Report
CASE #
1301P-2941
Page 2 ot 4
OFFENSE(S)
597.1(4 PC; Owner/Etc Fail To Provide Animal Care; Misd.
OFFENSE(S) cont ' d
DATE, TIME AND DAY OF OCCURENCE
01116113 10:43 Wednesday
DATE AND TIME REPORTED
01116113 10:43
rypE oF LocATtoN IBEAT ISECTOR LOCATION OF OGCURENCE LOCATION NAME
brought by Mr. Rutguard to local veterinarians for serious fight wound treatment, the growing
concern of the veterinary providers
about returning injured animals to the dangerous living
situation where they were initially exposed to injuries, and the neighbor's escalating concerns
about the dogs barking, and the dogs
growing more and more aggressive and having now
breached a corner of the propefi fence and menaced at least one neighbor while the dog
was at-large and off the dog owner's
propefi in an aggressive manner causing a
public
safety issue, and the reports from the veterinarians that the dogs being
presented
for
treatment are showing bite wounds that are believed to be older than the ones they are being
presented
to treat, that Mr. Rutguard's keeping of these dogs and
puppies has escalated to
the level of animal cruelty.
It is the opinion of Palm Springs Animal Control Officers that all the dogs and puppies on the
property
are being kept in an improper manner and are being exposed to risk of "needless
suffering." The incidents of the dogs fighting among themselves and exhibiting
pack
behaviors, including causing injury to each other has been steadily escalating. While Mr.
Rutguard has taken several of his dogs for veterinary care when they have been seriously
injured, we believe that by his keeping of the numbers of dogs and puppies that he does, he
puts
each of the animals at unnecessary risk of fighting and wounding one another, likely
over mating rights, over resources such as food, water, other items of value and for the
attention of their owner, the dogs are also becoming more protective of his property and have
learned how to
jump
over the propefi fence.
.Recently,
Mr. Rutguard has taken an injured
dog for treatment, and when the injured dog was returned back home, it was again attacked
by the more aggressive dogs and required another trip to the veterinarian for more medical
treatment. PS Animal Control received a call out by PSPD to an incident of dogs fighting on
the 505 Tramview property
causing two dogs severe injuries at a time Mr. Rutguard was not
home to intervene in the dog fight. lt is the opinion of Palm Springs Animal Control Officers
that is likely a matter of time before Mr. Rutguard's dogs cause fatal injuries to each other-
Palm Springs Animal Control Offlcers believe that the cruelty that the dogs and puppies are
being kept under clearly fits the definition of "cruelty" as defined in CA P.C. 599b to,
"...include every act, omission, or neglect whereby unnecessary or unjustifiable physical pain
or suffering is caused or permitted..." We believe that Mr. Rutguard is the sole owner of
these dogs and puppies
and through education and through on-going interventions by Animal
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]Y OFFICER
L. Tisdale 15836
DATE/TIME
0112412013 15:05
APPROVED BY
Mike Villegas 15149
)ATE APPROVED
wl24l13
f,FFICER JNIT/SHIFT ASSIGNED TO }ASE STATUS
Active
Inci -1-Ti sdal 15836 Entered by: Tedd Ni ckerson Page 2 of 4 APDC Rev. 03/17110) PrintDate: 0612612013
The fact that Rutgard had been providing veterinary
care for his dogs contradicts the claim that he was
failing to provide proper care and attention. Keep in
mind the identity of one of the vets, Dr. Kunz of
Friends, which is who brought in Animal Rescue
Corps.
Address redacted
Arrest
Crime I
Non-Cri mi naf
E
n
Pulm Sprinss PD
200 S. Civic Drive
cA033 1 100
Narrative Report
CASE #
1301P-2941
Page 3 of 4
oFFENSE(S)
597.1(A) PC;Owrer/Etc FailTo Provide AnimalCare; Misd.
OFFENSE(S) cont ' d
DATE, TIME AND DAY OF OCCURENCE
01116113 10:43 Wednesday
DATE AND TIME REPORTED
01116lB fi:43
LOCATION OF OGCURENCE ryPE oF LocATIoN IBEAT ISECTOR LOCATION NAME
; , : ' : Ii:J::illi# :.:;.::;
:j
Control Officers, Police Officers and Veterinarians, is, or should be, aware of the risk in which
he harbors these animals and as
per:
the definition in CA P.C. 599b "...must be held to the act
and knowledge..." of what risk and danger he is harboring these dogs and
puppies.
Mr. Rutguard has been informed of the risk that he has kept these animals in during many
interventions by both Palm Springs Animal Control Officers, Leslie Tisdale; Animal Control
Director and Tedd Nickerson; Animal Control Supervisor, multiple Palm Springs Police
Officers, and through education by veterinarians and veterinary staff at both VCA Desert
Animal Hospital in Palm Springs, CA and VCA Emergency Hospital in Indio, CA when Mr.
Rutguard has brought injured dogs in for treatment for serious dog fight injuries. Through all
these educational interventions Mr. Rutguard still fails to understand the gravity of the
keeping of dogs and puppies in the numbers that he keeps. Mr. Rutguard fails to understand
the danger to both to the quality of life and the physical safety of each of his animals and to
the
quality
of life and the safety of the
general public, should the dogs escape his yard or
should someone enter his pioperty to knock on his front door. Mr. Rutgard has put the dogs
in
jeopardy
of injuring themselves and now in
jeopardy
of injuring the
public.
Mr. Rutguard, after many Animal Control contacts, Police contacts and education by local
veterinarians making suggestions to Mr. Rutguard to either rehome or surrender the
excessive dogs and puppies to either a rescue
group or to the Palm Springs Animal Shelter,
Mr. Rutguard has surrendered a total of two dogs to the Palm Springs Animal Shelter over
the many months of interventions we have made and the many offers of assistance we have
gi ven
hi m.
Additionally, Palm Springs Animal Control Offlcers believe that since January 06, 2013, the
way that the dog owner, Richard Rutguard, keeps the dogs, began actively endangering the
welfare of the
general public. With his keeping the dogs in the numbers he keeps, the lack of
socialization of his dogs, and in the manner where at least two of his dogs have now proven
able and willing to breach the
property fencing and menace Mr. Rutguard's neighbors on their
own property,
cause an ongoing
public safety issue.
Palm Springs Animal Control Officers believe that seizing all the animals from Mr" Rutguard
under the authority of CA P.C. 597.1 is the responsible and prudent intervention considering
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3YOFFICER
L. Tisdale 15836
TE/TIME
Ail2412013 15:05
APPROVED BY
Mike Villegas 15149
)ATE APPROVED
u1t24t13
OFFICER JNITi SHIFT ASSIGNED TO ]ASE STATUS
Active
Inci-1-Tisda./15836 Entered by: Tedd Nicke$on Page3 of4 APDC
@w.03/1710)
Print Datei 06126D013
This is patently untrue. No one from any of those entities did anything like "educate" Rutgard, nor did they offer any suggestions or help for what to do with any of the dogs.
None of the records from any of them substantiates that claim.
What "offers of assistance" might those have
been?
That is true, there were many contacts, which increased after Friends and
Animal Control hatched the "rescue" plan with ARC.
Address redacted
Arrest l
Crime n
Non-Cri mi n"r
E
Palm Sprinss PD
200 S. Civic Drive
cA033 1 100
Narrative Report
CASE #
1301P-2941
Page 4 of 4
oFFENSE(S)
597.1(A) PC;Owner/Etc FailTo Provide Animal Gare; Misd.
OFFENSE(S) cont' d.
]ATE, TIME AND DAY OF OCCURENCE
01116/,13 1 0:43 Wednesday
DATE AND TIME REPORTED
01116/13 10:43
LOCATION OF OCCURFNCE LOCATION NAME ryPE oF LocATIoN IBEAT ISECTOR
the escalating number of wounded animals being
presented
for veterinary treatment, the
concern by neighbors and the veterinary community for the care and health of the animals,
the personal risk to each animal by the large number of unsocialized dogs he keeps and has
proven unable to control or surrender, and the emergent issue ofthe keeping ofthese dog
creating an active public
safety risk. The intent is to seize all the animals on Mr. Rutguard's
property or properties
and the animals owned by Mr. Rutguard that are being treated by any
and all local veterinary providers.
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BY OFFICER
L. Tisdale 15836
)ATE/TIME
01//24120'13 15:05
APPROVED BY
Mike Villegas 15149
)ATE APPROVED
01124113
OFFI CER JNI T/ SHI FT \SSIGNED TO ]ASE STATUS
Active
Inci-l-Tisda./15836 Enr€red by: Tedd Nick€rson Page40f4 APDC
@w.03/1710)
Pdnt Dats 06126D013
The decision was made before the hearing even started.
Address redacted