Quote:
Facts only. You have to establish the facts as being that it was your property, the dog and owner were trespassing on your property(I hope it's posted), that you have taken actions through the city to enforce your property rights, that the dog was apparently aggressive, that the dog killed or injured chickens you have the right to have on your property. You describe the actions you took. Then you refute, line by line, every claim that the perp makes. Check it twice to make sure you get the facts. Remember that in most places, all a person needs to do is feel threatened by a dog for the dog to be in violation of the law. In rural areas like mine, you can shoot them for simply being there and being a nominal threat to livestock.
You write it and then get someone to vet it so that it is what happened on which date, what the actions of the perps were, what your actions were, damage caused. "In January 1, 2009, I witnessed (perp) on a lot owned by myself ajoining my home at (address). (Perp) released his dogs on my property, where they defecated, were aggressive toward myself, my children, pets, and killed one of my prized laying hens. In response to the threat to my person and family, I discharged a pellet gun at the animal to drive it away."
From there, you go down the list of charges by the perp, refute them factually, line by line, and ask the court to dismiss the charges. "In response to plaintiff's allegation that I shot their dog through the heart with the pellet gun, I would assert that the pellet gun that I used, under normal circumstances, has sufficient muzzle velocity, penetration capability, nor I the skill to shoot a moving, apparently aggressive animal that was attacking my family on my own property 'through the heart'. Plaintiff clearly has a rich and inviting fantasy life, should he persist in this ridiculous claim."
Remember that pretty much once you establish that the dog was a threat, that the court -should- side with you and dismiss the case. Then you countersue for damages related to anything done by the perp and his dog, including an cleanup of animal wastes, and ask the court to find in your favor. Ask the court to garnish the guy's wages.
What then happens with a jerk like this is that he appeals to the State Supreme Court, hoping that he can outbid you in the justice system. I've seen idiots spend 10K to avoid paying $2500, because it's about winning.
Personally, I'd find a lawyer and sue him purple and be done with it.
As to the abuse of your property by dog walkers, I know that you can ticket them, but can you also take them to small claims for the cost of cleanup related to their dogs? Can you get evidence that people you ticket are repeat offenders? Cameras are your friends.
Further, and sadly, when the psycho dog walkers get annoyed enough, you need to make sure your house and coops are secure. Vandalism and killing your chickens will happen when the yuppie dog walking trespassers get mad enough.
