Neighbor's dog killed my chickens. City ordinance issue??

[kathrync]

My neighbor's wolf hybrid dog killed my entire flock last week, and they refuse to reimburse me for the damages. They claim that because my chickens were kept too close to my house (according to the local city animal code) that they are not liable because I shouldn't have had chickens in the first place.

Now, I understand that my chickens were technically illegal in terms of city code enforcement, but it seems that the local animal control doesn't really care about these matters. We live in a small town surrounded by farmland, and many folks here own backyard chickens that are technically illegal in terms of distance from dwellings. It seems as long as the chickens aren't a noise/smell nuisance, nobody cares whether we own them or not.

So, my question is, is a county superior court judge going to care whether or not my chickens were not in compliance with city code? Is the owner still liable for damages in this instance?

My plan is to send a demand letter to the neighbor first, just to see if they will get scared and pay up.

 

[AllynTal]

Regardless of whether the dog is half wolf or not, it is running loose in the neighborhood. There HAS to be laws against that and animal control are the ones to deal with dogs running loose. Without looking, I am sure there are leash laws and regulations stating that dogs much be secured on the owner's property. The dog was loose, got onto your property and killed animals on your property. Whether your chickens were legal or not, that doesn't change the fact that the dog has to be dealt with. On my property, the solution is SSS (Shoot, shovel and shut up) but I realize that not everyone can discharge a firearm on their property without raising a ruckus in the neighborhood. You have a dog running loose and killing animals. The authorities need to take action and it shouldn't take a lawsuit from you to get them to do their jobs.

 

[Mr Beaks]

Doesn't matter if it has wolf or not it a dog your chickens are livestock also known a part of the food chain so if you do something to the dog you will be in trouble just saying and by the sound of these neighbors just might do something back to you so keep that in mind.

I hear where you're coming from however it is NOT OKAY for another persons pet to help himself to your livestock on your property. It is the responsibility of the owner to keep their dog secured on their own property! I had this same thing happen to me. I now have a gun propped up by the back door to protect my flock and I don't hesitate to use it. Yeah, it's just a bb gun but it works to get the point across. It's just sickening how irresponsible and inconsiderate people can be, especially after the stuff has hit the fan!


Edited by Staff

 

[PeepersMama]

Doesn't matter if it has wolf or not it a dog your chickens are livestock also known a part of the food chain so if you do something to the dog you will be in trouble just saying and by the sound of these neighbors just might do something back to you so keep that in mind.

If I caught it in the act HE would become part of the food chain. I would gladly kill any dog that dared even chase my chickens. Wolf or not, I'd hang it's hide on my wall. They aren't "just chickens", they are MY chickens, and if you don't have any control over your stupid, disobedient dog, he's either gonna get some college education *pounded* into his head or he's gonna die

Excuse my rant - a little

 

[redsoxs]

I would think it is worth pursuing. Despite your chickens not being technically legal does not absolve your neighbors of responsibility. They are still YOUR property. That would be akin to saying if you were parked in front of a traffic meter and you let the time expire and someone sideswiped your parked car, that they wouldn't be liable because you were illegally parked. You'd be on the hook for the expired meter but they'd be responsible for bashing your car. You may have to pay a fine or move the housing of future birds, but it sure seems your neighbors with their dog running loose (isn't that illegal?) have full culpability in the killing of the chickens. Just my two cents. Hope it works out.

 

[3riverschick]

A severe and heartfelt warning:
You have a wolf hybrid next door? Then you have a bigger problem than just dead chickens. As an experienced and successful dog breeder of 15 years and an avid student of the canine mind... that dog is neither dog nor wolf. Mentally it is split between the to and can never be fully either one. It is worse if the dog is contained and then gets out. It doesn't matter what the neighbors think. Wolf Hybrids are mentally unstable. My guess is this was a thrill killing and none of the birds were eaten? Sigh. My collies were specially bred for deep intuition and agile mentality. When I retired the kennel in 2009 they were successful in their other owner's hand in 13 different performance venues. I know and have studied extensively what I am writing. Check and see if they are even allowed to have a wolf hybrid. It is ( and should be) illegal in many areas. At the least, animal control should get an anonymous tip there is a wolf hybrid at that address. It is a public safety concern. Wolves attack small helpless fluttering, quickly moving things. Like chickens and small children. This animal is neither wolf nor dog but and unstable mix of the two. Be careful if you have small children and never, ever let them near that hybrid.
Warm Regards,
Karen
Bellwether Collies (retired)

 

[3riverschick]

California Dog Laws :
https://www.animallaw.info/statute/ca-dogs-consolidated-dog-laws

§ 3341. Liability of owner, possessor, or harborer of animal killing or injuring other animals; scienter;
right to kill animal found committing injury; accidental killing or injury
https://www.animallaw.info/statute/ca-dogs-consolidated-dog-laws#s3341

https://www.animallaw.info/statute/ca-dogs-consolidated-dog-laws#s31102
§ 31102. Conditions involving livestock or poultry that permit the killing of a dog AND
§ 31103. Seizure or killing dog entering place where livestock or poultry confined AND
§ 31104. Restrictions on killing dog in city

I see you live in the central valley of California. Lovely place. Here are State Dog
Regulations for California. Print out the ones that pertain and take to animal
control to make sure they are still in full force. Then act on them if need be.

Best,
Karen

 

[3riverschick]

More CA dog laws:

§ 31151. Applicability of article
§ 31152. Killing dog worrying, etc., livestock or poultry; restrictions
§ 31153. Seizure of dog entering place where livestock or poultry confined
Food and Agricultural Code (Formerly Agricultural Code). Division 14.
Regulation and Licensing of Dogs. Chapter 7. Violations.
§ 31401. Offense; punishment
§ 31402. Violation resulting in death or serious injury to livestock or poultry; punishment
Food and Agricultural Code (Formerly Agricultural Code). Division 14. Regulation and Licensing of Dogs. Chapter 8. Civil Liability.
§ 31501. Double damages

They are wrong and they know it.

 

[pattyhen]

I'm so sorry this happened to your chickens. I wish you luck on pursueing this in court I think you have a good case.

 

[kathrync]

thanks Karen. I've already looked into all of those CA codes. There's only two ways that Animal Control will take the dog away; 1) According to AC: if the dog attacks or exhibits any aggressive behavior within the next 12 months it will be declared "vicious", or 2) if I take the owners to civil court and pay hundreds, if not thousands, of dollars to sue. Unfortunately, I cannot afford that kind of legal expense.

It is really disappointing that AC in our town doesn't take wolf-hybrids more seriously. But yeah, I will definitely take matters into my own hands if that dog sets foot on my property while I'm at home.