Anonymous comment asked whether Mason established proof of ownership of the animals with photos and medical records. I assume this is from an arch defender of the department, such as Pat. Anyone is from the send comments to my email address included on this site: edwardmuzika@gmail.com.
This is a ridiculous rebuttal as 5971.(f) clearly states the notice and description of the seized animals must be left at or near the site of impoundment including the description of the animals, or in the hand of the owner or keeper of the animals with that person.
In addition, if the animals were not his, how can he be charged with 597 animal negligence?
If they were his, they would have to provide that notice.
Mason requested a list of the these animals many times and was flatly refused by shelter personnel. Ortega has refused to talk to him and Don Cocek never answered Mason's calls.
On October 15 he did receive a list of confiscated items, but the list did not include a description or location of the cats, nor did it list the location of his cages and traps which are still "missing" and not returned to him. I will post the contents of that list from LAPD.
It is obvious that they just walked away with the cats figuring Mason was poor and could not fight the City.
He was referred to a bunch of cages behind the West Valley shelter that were old and broken down and told he could take any he wanted. None were his traps. Also, most of his vet records were confiscated, he cannot prove ownership.
I asked for proof that any such notice or declaration was left with him or on his property where the animals were seized.
597.1(f) Whenever an officer authorized under this section seizes or impounds an animal based on a reasonable belief that prompt action is required to protect the health or safety of the animal or the health or safety of others, the officer shall, prior to the commencement of any criminal proceedings authorized by this section, provide the owner or keeper of the animal, if known or ascertainable after reasonable investigation, with the opportunity for a postseizure hearing to determine the validity of the seizure or impoundment, or both.
(1) The agency shall cause a notice to be affixed to a conspicuous place where the animal was situated or personally deliver a notice of the seizure or impoundment, or both, to the owner or keeper within 48 hours, excluding weekends and holidays. The notice shall include all of the following:(A) The name, business address, and telephone number of the officer providing the notice. (B) A description of the animal seized, including any identification upon the animal.(C) The authority and purpose for the seizure, or impoundment, including the time, place, and circumstances under which the animal was seized.(D) A statement that, in order to receive a postseizure hearing, the owner or person authorized to keep the animal, or his or her agent, shall request the hearing by signing and returning an enclosed declaration of ownership or right to keep the animal to the agency providing the notice within 10 days…The declaration may be returned by personal delivery or mail.(E) A statement that the cost of caring for and treating any animal properly seized under this section is a lien on the animal and that the animal shall not be returned to the owner until the charges are paid, and that failure to request or to attend a scheduled hearing shall result in liability for this cost.(2) The postseizure hearing shall be conducted within 48 hours of the request, excluding weekends and holidays. (l) It shall be the duty of all peace officers, humane society officers, and animal control officers to use all currently acceptable methods of identification, both electronic and otherwise, to determine the lawful owner or caretaker of any seized or impounded animal. It shall also be their duty to make reasonable efforts to notify the owner or caretaker of the whereabouts of the animal and any procedures available for the lawful recovery of the anima.
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