Dog is back again

[Folly's place]

Unsweetened chocolate chips, there for your enjoyment when visiting your birds...

 

[LittleMissCountry]

Politics again! So sorry!
How about AC?

I contacted animal control and asked about a trap and they said I wasn't allowed to do that. They did say to document with pictures and that according to my earlier phone call, the dog has already been there twice, and has killed one chicken. If it comes out again, and I have proof, like a picture, they will take the dog and the owner will have to pay a fine to the AC to get it back. If it kills another chicken, it is grounds for euthanasia.

 

[Folly's place]

Sad for the dog, but he needs a better owner!

 

[Howard E]

Put hotwire directly on coop / pen area so dog gets zapped when contacting it. It is likely that would not qualify as a fence and would not be at property border where it would be seen. If a dog owner complains, then you would have their admission the dog is on your property setting up so HOA can then act on dog trespassing issue.

X2

Do you even have a HOA board or officers that actually enforce the rules? We have deed restrictions that do not allow chickens, but we do not have a board that enforces any of it, so a lot of us have chickens. Let somebody build a 50 sow hog confinement or start up a junk yard and one would staff up PDQ, but until then, mood in this neighborhood seems to be MYOB.

If you have an toothless or non enforced HOA, do the fence....and do it today.

But if you DO have an active HOA, file a complaint and turn it over to them. PLUS, if you think the E fence is going to create "Imperial Entanglements", then ask for a waver and tell them why.

A super hot fence is your best solution. Fry the bad boy's lips and you won't be seeing him again. Once fried, you don't even have to leave it on unless and until another problem animal shows up.

 

[LittleMissCountry]

Yes, and I am afraid if that happens the HOA will have it out for us. No way to win this.

Animal control did say that they would either send a letter or visit the neighbor and let them know what could happen.

 

[LittleMissCountry]

Put hotwire directly on coop / pen area so dog gets zapped when contacting it. It is likely that would not qualify as a fence and would not be at property border where it would be seen. If a dog owner complains, then you would have their admission the dog is on your property setting up so HOA can then act on dog trespassing issue.

I would love to do this but neighbor in question is HOA president so I don't think that would help. I am sure they would fine us for the hot wire and find a way to call it an electric fence, or just change the wording in the rules. HOA's are awful. We had such a good experience with one at our last house, so this one came as a shock.

 

[Howard E]

Hmmm, missed all that HOA info while I was composing.

So does the HOA have rules about dogs and the President's dog is in violation and they are not enforcing it? I believe the legal term for that is "arbitrary and capricious".

Time to talk to a lawyer. You may be able to turn this into a profit center......and earn enough equity to clear out pronto.

I'm thinking $100 actual damages and $100,000 punitive damages.

 

[slordaz]

Hmmm, missed all that HOA info while I was composing.

So does the HOA have rules about dogs and the President's dog is in violation and they are not enforcing it? I believe the legal term for that is "arbitrary and capricious".

Time to talk to a lawyer. You may be able to turn this into a profit center......and earn enough equity to clear out pronto.

I'm thinking $100 actual damages and $100,000 punitive damages.

good point there, also he may be the HOA president but still has to follow local laws and if they conflict local law would take president I do believe

 

[LittleMissCountry]

Hmmm, missed all that HOA info while I was composing.

So does the HOA have rules about dogs and the President's dog is in violation and they are not enforcing it? I believe the legal term for that is "arbitrary and capricious".

Time to talk to a lawyer. You may be able to turn this into a profit center......and earn enough equity to clear out pronto.

I'm thinking $100 actual damages and $100,000 punitive damages.

We went through the HOA contract line by line. There is nothing about dogs being kept on owners property, unfortunately.
My husband has already said that he is sure they will sue us if their dog gets killed by AC or us. They apparently made comments about suing over lots of other piddly things before, so are litigation happy. They couldn't win, but can cost us money in court and lawyer fees. They have plenty of money. I really doubt we could get anything from them other than maybe $100 for the dead chicken. We will document everything anyway and cover our bases.

 

[LittleMissCountry]

good point there, also he may be the HOA president but still has to follow local laws and if they conflict local law would take president I do believe

I looked it up and the only local laws about dogs are the ones where you can kill them if they are attacking livestock. There is no leash law, except in areas considered public property.