Help my neighbor's dogs just killed my duck

[amandacv86]

Is there any way your neighbors can hear, either directly from you or "through the grapevine" that someone who lives nearby is going to start trapping dogs that come into their yard and take them directly to the pound? Maybe that way they'll get scared into securing their fence and you won't have to spend money on anything. Just a thought.

 

[laughingdog]

If you live in a small town, you can probly just shoot nuisance dogs that youve reported before. one clean shot to the head or heart each. no need to be mean about it but you have legal federal right to protect your livestock from any animal you've already reported as nuisance, as long as not birds attacking them (migratory bird act as well as raptor protection laws). you will need bodies or pics of your animals hurt or killed, their animals and proof of ownership that their dogs, as well as receipts ect for your costs incured. cops or more precisely the local sheriffs dept which includes animal control at your local humane society, to come and remove dead or alive and to put down on spot if deemed vicious threatening dog, on spot. sorry your local lazy law enforcment apparently doesn't or can't read own law books. you can take local law officials to court too for losses incurred because of inaction. if nothing else, wrap your four arm after sanitizing and let one take just enough of nip to barely break skin (if it doesn't break skin its not a bite apparently, sadly). Over three years working for a vet and sadly saw problem constantly, as well as cops abusing badly dogs they responded too.

 

[denise91]

I think I'm going to buy a gun. I'm researching the laws in my state (Michigan) and I found a section stating that I am within my right to shoot a dog on my property that is attacking/killing my livestock including poultry. But then I found this part, "it shall be unlawful for any person, other than a law enforcement officer, to kill or injure or attempt to kill or injure any dog which bears a license tag for the current year." What exactly does it mean by a license tag for the current year? I believe the dogs I'm dealing with all have collars and name tags. Does that mean it's illegal to shoot them?

 

[learycow]

I think I'm going to buy a gun. I'm researching the laws in my state (Michigan) and I found a section stating that I am within my right to shoot a dog on my property that is attacking/killing my livestock including poultry. But then I found this part, "it shall be unlawful for any person, other than a law enforcement officer, to kill or injure or attempt to kill or injure any dog which bears a license tag for the current year." What exactly does it mean by a license tag for the current year? I believe the dogs I'm dealing with all have collars and name tags. Does that mean it's illegal to shoot them?

Yes, I believe that that means any dog with some sort if identification on them vs a stray with no collars or identification.

So if the problem animals do have collars and tags, it sounds like it's illegal to shoot them. Which sucks. You would think that that wouldn't be the case if they are shot at in defense though right?

 

[denise91]

Yes, I believe that that means any dog with some sort if identification on them vs a stray with no collars or identification.

So if the problem animals do have collars and tags, it sounds like it's illegal to shoot them. Which sucks. You would think that that wouldn't be the case if they are shot at in defense though right?

Exactly which is why I'm very confused. Why would a tag differentiate them if they're still dangerous and killing things?

 

[learycow]

The tag indicates they are owned and not wild. I suppose that on some level that is a good thing because you can prove they are owned by your neighbor and therefore they are responsible for them.
But the fact that they are dangerous shouldn't matter in a case like this. But at least you have proof should you have to do something extreme to these dogs to prevent them from harming your animals and you. With a report or two filed with the police, and calls made to the ACO, they shouldn't be surprised if you end up taking matters into your own hands. They only have themselves and the neighbors to blame as you made it clear on more than one count that they were killing and being destructive while trespassing, and they didn't want to do a thing about it.

You may also want to take some pictures as proof. It is probably too late now as you've probably already disposed of the birds, but take pictures of the dogs the next time they are on your property. Be sure to get something in the picture that can prove it is your property and not someone elses (such as your coop, a car, your house, etc). Try to keep a log that states what days, times, how long, etc you have observed them trespassing. They may take you a little more seriously if you have proof they are constantly there and being destructive

 

[denise91]

Here is the full clause: "Any person including a law enforcement officer may kill any dog which he sees in the act of pursuing, worrying, or wounding any livestock or poultry or attacking persons, and there shall be no liability on such person in damages or otherwise, for such killing. Any dog that enters any field or enclosure which is owned by or leased by a person producing livestock or poultry, outside of a city, unaccompanied by his owner or his owner's agent, shall constitute a trespass, and the owner shall be liable in damages. Except as provided in this section, it shall be unlawful for any person, other than a law enforcement officer, to kill or injure or attempt to kill or injure any dog which bears a license tag for the current year."

I feel like I'm reading too much into this and now I'm all confused. How am I supposed to interpret this?

 

[learycow]

Yeah, that's confusing!
It sounds like they are saying you are allowed to kill/injure a dog because it is killing your livestock AND trespassing.
However, if the dog has tags, and is therefore owned and can be identified, only police officers have the right to kill or injure them for you.

SO, if the dogs have collars and tags, you CANNOT legally shoot them or trap them to hurt them.

BUT, on a good note, it sounds like you can rightfully go after the owners to compensate you for your losses. If you do do that, write down what they have killed. Through your local craigslist or breeders websites, get prices (I would get the highest prices you can find, just be sure you have proof) and say that's what they owe you as their dogs have cost you that. And if they have dug under fences or destroyed property in any other way, get prices to have it fixed/new cost and add that to the list and go after the owners. It's not fair for you to have to "eat" the losses due to their irresponsibility.

And getting back to trapping them, another thought would be this.
If you have a coop or shed you can lure them into (providing your birds are not in there), see if you can trap them and lock them in. Then call your ACO or police and tell them you have caught a dog(s) that is trespassing and killing your poultry, and need it removed from your property. Tell them you can't go near them or are afraid to because they are dangerous. They HAVE to come remove the animals from your property (and you won't have to worry about catching them and bringing them to the pound yourself).
If this happens more than once, trust me, they will do something about it. They don't want to keep "wasting their time" going to your place to pick up someone elses dog that shouldn't be there in the first place and may be more likely to take matters up themselves with the owners of the dogs. It's just a thought

 

[jebber]

"Any person including a law enforcement officer may kill any dog which he sees in the act of pursuing, worrying, or wounding any livestock or poultry or attacking persons, and there shall be no liability on such person in damages or otherwise, for such killing. Any dog that enters any field or enclosure which is owned by or leased by a person producing livestock or poultry, outside of a city, unaccompanied by his owner or his owner's agent, shall constitute a trespass, and the owner shall be liable in damages. Except as provided in this section, it shall be unlawful for any person, other than a law enforcement officer, to kill or injure or attempt to kill or injure any dog which bears a license tag for the current year."

You have the right to kill dogs that are after your animals. Tags or not. Where it says 'except as provided in the section' - read that as 'except as noted above'.

Is it legal to discharge a firearm in your neighborhood?

The law & animal control responses you've received sound almost unbelievable.

My advice-
Document everything. Do your research, know your laws, speak to your neighbor, LEO & Animal Control. Buy a firearm & practice.

So sorry for your loss.


PS - Research small claims court in your state.

 

[denise91]

"Any person including a law enforcement officer may kill any dog which he sees in the act of pursuing, worrying, or wounding any livestock or poultry or attacking persons, and there shall be no liability on such person in damages or otherwise, for such killing. Any dog that enters any field or enclosure which is owned by or leased by a person producing livestock or poultry, outside of a city, unaccompanied by his owner or his owner's agent, shall constitute a trespass, and the owner shall be liable in damages. Except as provided in this section, it shall be unlawful for any person, other than a law enforcement officer, to kill or injure or attempt to kill or injure any dog which bears a license tag for the current year."

You have the right to kill dogs that are after your animals. Tags or not. Where it says 'except as provided in the section' - read that as 'except as noted above'.

Is it legal to discharge a firearm in your neighborhood?

The law & animal control responses you've received sound almost unbelievable.

My advice-
Document everything. Do your research, know your laws, speak to your neighbor, LEO & Animal Control. Buy a firearm & practice.

So sorry for your loss.


PS - Research small claims court in your state.

Awesome thank you! I'm still looking to the legalities of everything to make sure I can't be penalized for anything. I've tried talking to the neighbor's before but they've always brushed me off. I am going to talk to them again and I'm debating if I should mention that I am considering taking extreme action if absolutely necessary.
I am completely fed up with the police and animal control around here. There's been one instance where the cops did talk to the neighbors but nothing obviously came of that. Unfortunately, every time animal control or the cops show up the dogs are safely back at home so there really isn't anything they can do. Though I don't understand why fines aren't being handed out.
I've read that spraying ammonia or putting cayenne pepper along your property will discourage dogs from coming into your yard so I'm going to try this next. I think I'll try to sneak some on their side of the fence as well to make sure they don't even begin digging.