Am I reading my State Statute correctly?

Discussion in 'Local Chicken Laws & Ordinances (and how to change' started by Momaha, Jul 17, 2011.

  1. Momaha

    Momaha Chillin' With My Peeps

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    Because these State Statutes are written by lawyers for lawyers tell me if I am reading my State Statute correctly. Oklahoma State Statute (SS) 41 says that if your dog attacks my chickens then you must kill your own dog. If I am reading this correctly, I would consider this effective legislation at it's best because if you had to kill your own dog for not maintaining control of said animal then I bet you would figure out fast how to control said animal. It reads as follows:

    ยง 41. Animals chasing or injuring livestock--Right to kill--Liability of owner--Court proceedings--Definitions

    A. It shall be lawful for a person to kill any animal of the family canidae or the family felidae found chasing livestock off the premises of the owner of such animal if the person is the owner or occupant of the property on which the animal is chasing the livestock or if the person is authorized to kill such an animal by the owner or occupant of such property. The owner of any such animal that kills or injures any livestock shall be jointly and severally liable to any person so damaged, to the full amount of the injury done. The court, before whom a recovery is had for any such injury, shall declare the animal found to have occasioned the injury to be a common nuisance, and order the defendant to kill or cause to be killed, such animal within twenty-four (24) hours after the rendition of the judgment.

    If you live in Oklahoma, or have a similar State law, has anyone been effective in getting the dog owner to kill their own dog? I have not had a problem yet but reading BYC I know it's coming and want to make sure I understand the law in advance.
     
  2. Frost Homestead

    Frost Homestead eggmonger

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    wow, sounds like you're reading it right to me. I knew in most places you can kill a dog if it's attacking your livestock, but I didn't know the court could order the owners to do it. I would assume they take it to the vet to have it put down though, I couldn't imagine someone killing their own dog.

    edited for typo
     
    Last edited: Jul 17, 2011
  3. Mac in Wisco

    Mac in Wisco Antagonist

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    Quote:Kind of. If damages are sought in court, and the court does find that the owners/animals are at fault, this says the court is required to order the offending animals to be destroyed. The court is never going to order for the owner to kill their own dog or cat. It is likely that the court would order that the animal be turned over to animal control where the animal would meet its fate.
     
  4. Momaha

    Momaha Chillin' With My Peeps

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    Quote:Kind of. If damages are sought in court, and the court does find that the owners/animals are at fault, this says the court is required to order the offending animals to be destroyed. The court is never going to order for the owner to kill their own dog or cat. It is likely that the court would order that the animal be turned over to animal control where the animal would meet its fate.

    You're right- kill or have killed. That would be cruel and unusual punishment for sure but the outcome is still the same. Working through any judicial system requires time and money, however, just the threat of seeing it through to the end might be enough to "motivate" a dog owner. The thought of having to put down any beloved pet is horrorfying. I don't want to kill anyone's dog or be put in a position to have to do so.
     

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