chickenlaw vs. doglaws or out-laws??

[kimmberly]

previously posted

having problems with neighbors dog.
dog little terrier "charger" "second chance pound pup parolee"
he can find his way into our yard, cracks in fences ,gaps in chain-link ,poorly fitted gates ,overlooked garage door. He will find a way.
.
"The neighbors dog has killed 5 of our hens in the last two-three years " I would find him in chase ,find him with chicken in mouth,find him carrying hen body away, find him trying to pull hens body through partially opened gates ,talked to owners first couple times they acted shocked in disbelief.Owners said they would keep him locked up or contained "short-lived relief" 1-2 weeks later, would happen again,feathered trails leading up to their yard,Owners said they would install electric fence never happened, once even found the body of one of my reds halfway up their driveway.Owners stated" maybe another dog did it." Denial...

ok.
so ,I started tight" lock-down."made sure every way in the yard was securely closed and latched or locked.
So the dog would come over and check all entrances,gates and doors and when he finally could not get into backyard, he started using our house as his personal toilet ,leaving his piles on the porch daily!and pissing on everything he could."12inches above ground and on his right side" lifts his leg,- on kids toys,-shoes,-garbage bags and cans,-car tires,-everything in garage that touches the floor. Toolboxes,-power tools, safety equipment-helmets, pads,-storage containers,-boxes,-bags of feed,-projects like wood furniture being restored .When he could not get to the chickens he started marking the whole property as his territory.2-3x daily!!!
and of course on rare occasion when a gate was missed and open . We would always find out because the dog would be seen from the kitchen window chasing chickens.
By the end of September 2011 the FREQUENCY of the dog visits became absolutely UNBAREABLE.
We called animal control and filed a complaint "dog at large, and destruction of private property"
after we filed the complaint the frequency became even worse
well, about a week later,the first week of October or so ,I was cleaning out the chicken coop, new bedding ,new nest boxes, clean floor, fresh hay and feed.
I had bad asthma attack
"feathers and hay do that to me" ,
so in a hurry ,I ran up to the house, thru the garage and into the house to look for my inhaler,(...and left garage back door open and ...chicken yard gates......open.)
was gone about 15- 20min,
feeling a little better, started back outside . Then can hear my rooster and hens "FREAKING-OUT" been had a skunk around here lately and kinda scared of that! so doubled back and grabbed old bb gun.I flew down to the coop. Feathers flying everywhere! about 40ft or so away I crouched down took aim at doorway.Then neighboors dog comes flying out ,latched on to tail feathers of hen.He sees me, same time I realize its him. AGAIN!!, the dog stops,I took the shot, then he bolts out of the hen yard,up the hill through the garage and heads home .
I was shaken up and scared.told nobody.

two weeks later animal control officer shows up investigating animal cruelty claim
any way..
This morning (10-20-2011) I had a full swat team of 8cops and animal control officers with a search warrant, search my house and property for a bb gun.
I confess. I'm in tears.......

Well yesterday December 1,2011
I hear knocking at front door,open it and a news crew is standing there with a camera aimed at me.
please see this web link I provided to read the story that aired at 11:00pm last night on channel 8 local san diego news.



http://www.cbs8.com/story/16170642/neighbor-admits-to-shooting-little-boys-dog-with-bb-gun
.
Last edited by kimmberly (10/20/2011 4:07 pm)
Online

 

[EweSheep]

You got to be kidding me!

Did you hit the dog? HOw did they know it was you?

 

[violetsky]

I think you should give us your animal control departments address and we give them a mass mailing flaming their actions.
This is outrageous! It looks like we all should take cameras out when dogs attack.

 

[BrattishTaz]

Oh my, this is a terrible situation for you.

Since you didn't mention it, I am going to assume you never reported this dog to animal services or the police. A record of this would have been helpful.

You can try to explain that you had to react quickly to protect your birds and the BB gun was all you had handy. The issue is going to be the law. In most places it is completely legal to kill a dog that is threatening you or your livestock. But using less than deadly force is considered animal cruelty (ie BB gun). You'll need to look up the exact law in your area.

What did the police say about the incident? It is a good sign that you are not in jail. Has anyone else in your neighborhood had problems with this dog?

 

[dainerra]

that's why you use a shotgun, not a bb gun.

ETA: shooting with a BB gun is considered animal cruelty. But the law is that it is LEGAL to use deadly force against a dog that is attacking livestock. It's the same concept as self-defense, if you are worried enough to shoot, then you are worried enough to kill. And the law about shooting dogs is the same in all 50 states, unless you are in an area that you aren't allowed to discharge a firearm.

Know your rights and your limits. Did you make complaints to AC about the neighbor's dog? That should have been your first step, the first time the dog was bothering your birds. Then gotten a police report and a paper trail to cover yourself

 

[Shireshome]

Oh my, sorry to hear about your troubles. I think you should check your rights out as a land owner protecting your livestock. In many areas what you didn't doesn't give them the right to do that.But again, check your local laws out. I know how angry you were when you saw that pooch but I think you should consider keeping a larger gun on hand. A BB gun just isn't going to cut it especially if you happen to corner a rabid coon with it. Adopt my rule, a dead dog tells no lies.

 

[hemet dennis]

Well this is a good lesson in why you should call when someone cant or wont control their dog sometime after the 2nd or 3rd time you need to call then when you shot it you should have called again

 

[cafarmgirl]

As stupid and ridiculous as it is, yes, they are going to hit you up for animal cruelty, vet bills etc. etc. I'm a bit surprised at the overkill, good grief Swat team for a BB gun vs dog incident?! Anyway, yes, next time, report the very first incident, call animal control and have the dog picked up. Or shoot the dog with something that will end the problem. BB's are considered torture, dead for killing live stock is perfectly legal. However if you are in town your going to be in trouble for firing a fire arm period.

 

[D3invertebrates]

Thats crazy, I hope everything turns out ok for you. Seems like that dog had it coming. I also have a bb gun outside but its only to scare things off, if something is persistent then Ill grab the shotgun. Unfortunately anything less than deadly force in that situation would probly be considered animal cruelty. I cant believe they sent the swat team, thats crazy and such a waste of everyones time and resources and I would point that out to anyone in charge that would listen. I dont know you maybe they did have cause for the swat team but it doesnt sound like it. If a swat team is coming to your house thats extremely serious, those guys are trained to kill without hesitation, it from what you said almost sounds to me like government sponsored terrorism. Perhaps your neighbor is well connected, I would tread very carefully and study up on your local laws and find out exactly what your rights are. They could have taken you with them to spend the next few decades in a cage, dont be so naive as to think people arent for much less everyday. Be careful!

 

[hemet dennis]

Quote:
just have to say the swat teams are not " trained to kill without hesitation " swat teams are trained not to kill but as a last resort