Besides all the problems one can find when moving to Costa Rica, there’s one that takes longer to notice, but it’s no less serious: pets. Ticos consider and handle pets in an entirely different way than Americans, and not at all better. Pets are considered an optional responsibility by Tico pet owners. Therefore, should a pet do something that could be considered a nuisance or a threat to the health or safety of others, their Tico owners attribute it to the animal’s nature. They accept it as such, disregarding any social norms or respect for others.
Being normally a subject of quarrels between neighbors – rarely reported to the authorities because culturally, pets are considered free creatures innately. Tico pet owners allow their animals to bark, poop, run around and bite whoever and wherever. Everybody has to be OK with it because they are only “animalitos,” as they call them, “they do not know any better, porecitos!”
This ignorant attitude and lack of responsibility towards proper pet handling escalated to a level where Costa Rica was accused of violating Human Rights. Allowing the mauling of a Nicaraguan citizen by 2 Rottweilers in 2005, in the presence and negligence of 8 police officers.
24-year-old Natividad Canda was coming home to the property where he was allowed to live, when the 2 guard dogs mistook him for an intruder and attacked him in front of the property’s security guard. Since the man was not a paying tenant but a poor person who had been allowed to use the warehouse to sleep, the guard felt that defending the man or disciplining the dogs was not a big priority. His negligent act turned into a public blood feast that lasted for several minutes, with neighbors, policemen, and firefighters surrounding the scene. Because the owner of the property didn’t allow the authorities to shoot the dogs, they didn’t! The man was bitten 200 times and bled to death.
The inhumane incident opened 2 cans of worms that Costa Ricans had been concealing for decades: the open xenophobia and hate crimes against Nicaraguans and the lack of control and regulations concerning pets.
Since no extensive or formal laws had been created for the proper handling of pets due to the cultural ignorance on the matter, the trial that followed the brutal murder favored the defense. The judges decided the pet owner and policemen should not spend any time in jail or compensation the victim’s family monetarily. Claiming that there were no standard procedures for the policemen to follow and save the man’s life at the time, and that they believe the man was breaking and entering to steal.
Costa Rica was even accused internationally for human right violations, for this and other hate crimes against Nicaraguans, but they were acquitted on the premise that there was insufficient evidence to sustain inhumane treatment specific towards Nicaraguan citizens. It’s interesting that after the dog incident was videotaped in its entirety and plenty of witnesses attested that the man did not enter the property to steal – as authorities had made believe – the Inter-American Court of Human Rights found all that evidence to be insufficient.
Even though the case is now being appealed, the fate of the wrong-doers is in the hands of a system that is still in diapers concerning pet control. However, the case was big enough to stir the pot and wake some people up about the seriousness of regulating pets in the country, and now some actions have been taken.
After this and other pet-related homicides and serious injuries occurred, the State created the Law for Having Dangerous Animals. It defines dangerous breeds and prohibits their reproduction, among other guidelines, punishing their owners with paying fines, exterminating their pets, or in case of homicide, jail time. The Criminal Code was also updated, and now articles 130, 229, 385 and 398 regulate crimes involving pets.
In light of this regulatory progress, victims of less serious – but not less important – issues regarding pets, such as barking, feces and potential biting threats, have been coming forward to the authorities. It is in hopes to get regulated by a more comprehensive law. The latest addition to pet control measures is the Law #15460 for Regulating Pet Control Registration, which details the norms to follow for veterinarian clinics, pet shops and pet owners. It is unclear if this law has been approved yet, but at least it is another step forward.
Cases typically suffered by expats in rural properties consist of neighboring animals (dogs, cattle, cats) breaking and entering, defecating and destroying property, as well as contaminating the expats’ animals when not cared for properly by their Tico owners. Or even worse, attacking the expats and their families. What the expats complain most about is that even after talking to the pet owners repeatedly, they fail to control their pets. They think that foreigners are too finicky and make big deals out of everything, not knowing that by ignoring that, they expose themselves to be legally sued. The criminal code penalizes pet owners for property damages with fines, taking away the pets, and with jail time if personal damages or homicide are proven. Moreover, the Pet Control and Registration Law states that pet owners are responsible for any damages done by their pets to any neighbor property.
Expats are not the only ones complaining, though. Some Ticos with higher standards than most have also reported neighbor-pet incidents. Common complaints have to do with neighbors caring for pets as children, letting them run freely on the street or in buildings not suitable for animals. Or letting them bark, jump on, threaten or bite anybody that passes by, expecting the scared and annoyed person to find it funny because they are just “animalitos.”
Some Ticos consider leashes an unnecessary restraint and muzzles a cruelty, and get into arguments or even physical fights with people who defend themselves against wild pets. A Tica was recently sued for animal abuse after she sprayed some maze on a neighbor’s dog that was about to bite her. At the hearing, the judge ruled in favor of the plaintiff because the owner had let the dog run freely with no leash. Being considered animal negligence by the Law for Having Dangerous Pets, which is punished with jail time after failing to comply with a formal warning.
Other complaints include feces left around properties or the neighborhood, which is penalized with a fine of the equivalent amount to a minimum Costa Rican salary.
Excessively unsanitary conditions and barking can be reported to the Ministry of Health, which are investigated and penalized with fines or taking away the animals.
In general, all cases are determined by their circumstances, and their resolution depends on the integrity of the judge, but following the right steps is crucial when reporting pet problems:
If you live in a condo,
1. Get as much proof as possible of the problem (pictures, video)
2. Report the problem to management in a formal letter and provide evidence
3. If the complaint is neglected, consult a lawyer
4. Report the problem and the condo’s neglect to the authorities
If you live in your own property,
1. Get as much proof as possible of the problem (pictures, video)
2. Write a formal letter to the neighbor, providing evidence
3. If the neighbor ignores the request, consult a lawyer
4. Report the case to the authorities
5. File a lawsuit
Taking the actions above will save victims a headache and will tilt the scale on their direction. Judges respect proper procedure and behavior and have less room to justify an unlawful decision on their part if proper protocol has been followed. Moreover, a case well conducted by a plaintiff has better chances of having success after an appeal if the initial trial was ruled against them.
By continuing reporting neighbor-pet problems, both expats and reasonable Ticos will gradually change the primitive pet mentality of Costa Rican culture, transforming it into a country free of pesky pets and owners.
Article first published in A.M. Costa Rica on July 20, 2009.
