Dog attack - Ellie dislocated toe - me, broken bones UPDATE

[rittert3]

I think i would be going over the local goverments head here and getting some changes made and as far as a dog running at large especialy a dog of that size and temperment my .22 would be the last thing it got to meet and they wont beable to do anything about me defending myself and livestock on my own property. (at least according to kansas laws.

 

[waibel zoo]

In most places chickens are considered pets. Unless you are running a meat or egg business from your home (and your not) your two chickens are just pets. If push comes to shove, bring them into the house in a cage untill this can be resolved. It does not have any bearing on your case. Your pet was on your property and you are not at fault.

 

[horsejody]

Quote:
First, talk to your lawyer about the report with inaccuracies. It may or may not be relevant. Send AC a letter outlining the inaccuracies and demand a correction. If the ACO balks at this, demand to talk to her supervisor. If she has no supervisor, complain to the mayor's office.

As far as the ordinance goes, be suspicious of it. If it was made in 1980, but wasn't in the books 2 years ago, it may have been rescinded. I have seen animal control ordinances that get deleted in bulk and replaced with simpler rules. Your ACO may have gotten it out of a very old book. Go to the city offices and ask to see all of the CURRENT ordinances. If it still isn't there, it was done away with and they can't use it against you.

The attitude of the ACO reflects upon the fact that many municipalities contract with humane societies for animal control duties. They often end up with people that love animals and can't make the tough decisions that often come with handling loose dogs. Their main concern is the welfare of the dog with no regard to the safety of people or other animals. They often have the "golly gee whiz - you can't blame the dog" attitude and "let's pretend it never happened" is their solution to everything.

Become the squeaky wheel!!!!

 

[jjthink]

Hi, and thanks for all your thoughtful help.

Recently the town put its ords on line for the first time - after seeing the old ord in the package left by the ACO I went on line last night and there it was, so it is apparently still official even tho it was not in the hard copy notebook I reviewed 2 years ago. Of course, if someone wants to push this they will assert it was in the hard copy notebook all along.

Here's what it says: "Prohibited Uses. (e). The keeping or raising of swine, chickens, gamebirds, or fowl of any kind or horses, cows or other farm animals of any kind, except in connection with a permitted farm use or mink, foxes, or fur-bearing animals." (not a typo - it really is written that ackwardly!)

I'll be sure to write up the inaccuracies in the ACO's report, and will advise attorney. And will be sure not to respond to or cash any checks from their insurance company, if they should arrive.

The latest on Ellie is here in below link post #9. I wish I knew the right thing to do - time sensitive -- I usually have reasonable clarity but not this time...so far.....any insights gratefully welcomed

JJ

https://www.backyardchickens.com/forum/viewtopic.php?id=184721

 

[Fudgie]

Quote:
And for pete's sake, make sure there are records for rabies shots for this dog. If there isn't, well I am truly sorry, because unless treatment has changed, it's painful.

Get a lawyer. Get a good one. You have one of the best cival suit cases I have heard of in a LONG time. I wouldn't nessessarily include the AC or the PD though, you may need them later on ya know?

Why would you "DEPEND" on them if that is what they can muster up! GOOD RIDANCE!!!

IN regards to the ordinance, (how did we know it would show up!!!! Figured on that one!)if they force the issue, then force the issue of the animal control YET AGAIN not doing their job by failing to policing their town finding the outlaws and avoiding this whole mess in the first place. If the city officials would have had their paperwork in order so the general public could find it, then you would not have had chickens and would have not had a rogue dog on your property attacking you and your chickens. Put it back in their court if necessary. They owe you for the money you spent erroneously on your chickens and the feed and coop and fencing and this attack!

 

[chickenmum]

Some people don't keep chickens as pets?! That doesn't mean that YOU don't! He doesn't know...

 

[ducks4you]

They have sidetracked you--Y O U were injured by a neighbor's dog. Would it have been different if the dog were attacking your sub sandwich? NNOOOOO!!!!
Animal owners ARE responsible for ANY injuries to other people when THEIR animals enter YOUR property. We are ALL rooting for you!!!!

 

[CityChook]

Really, regardless of the ordinance regarding chickens in town, the dog attacked you in your yard. If you had been a child, this would all be a done deal, yes? The dog would have been put down. The owners are obviously having difficulty restraining their animal and that becomes an issue for their HOI. And Sommerlin is absolutely right - DO NOT under any circumstances cash a check from the HOI or even take their calls. Just return the call with the number of your attorney and then let him/her do their job. Supply them with all the info you can and take a deep breath. Hugs to you and hopes for a smooth recovery.

 

[BellLisamo]

OMG! i cannot believe it!!!! How VICIOUS are these people!??!?! about as vicious as that @#$#$^$%^@#!@# dog!!!!!!

Oh this ticks me off. I am sooooo sorry you have to deal with such inconsiderate pieces.....

 

[Bluemoon420]

JJ, I'm not sure what NJ right to farm act is, but please mention it to your lawyer. The Right to farm act may apply to you, and if that is the case, your towns ordinances won't matter. They can't override the right to farm act.

In MI it is very clearly written, and it doesn't matter what size property you have, if you sell, or produce anything that pertains to agricultural, or livestock, you are a farm. You are protected by it. The town and city halls don't want you to know this ( or they don't know themselves), and sometimes they have to be educated.

Your lawyer should be able to find out if it will help you in NJ.

Bluemoon