if my neighbor's dog jumps their fence and attacks my chicken coop

[phishinchicken]

to get to my chickens, what rights do i have? can i kill their dog if it kills my chickens? or should i just beat their dog out of consciousness and throw it on their front porch?

my neighbors dog(whom has jumped the fence to go after the mailman) is not very well trained and does nothing but bark at my chicken coop while it is outside. i have a feeling one day it may jump the fence and go after my chickens. my chickens stay in a run and do not come out of it ever. all it would take though is the dog to charge the run a few times and it could probably rip a hole in it. the neighbors are aware of my concern but act as if it is silly because "they are only chickens". so what do i do if this ever happens? i now have a large stick resting on the roof of my run for easy access just in case.

 

[Boyd]

Found here http://pubs.ext.vt.edu/410/410-030/410-030.html



Code of Virginia ß 3.1-796.116. Dogs killing, injuring or chasing livestock or poultry. It shall be the duty of any animal warden or other officer who may find a dog in the act of killing or injuring livestock or poultry to kill such dog forthwith whether such dog bears a tag or not. Any person finding a dog committing any of the depredations mentioned in this section shall have the right to kill such dog on sight as shall any owner of livestock or his agent finding a dog chasing livestock on land utilized by the livestock when the circumstances show that such chasing is harmful to the livestock. Any court shall have the power to order the animal warden or other officer to kill any dog known to be a confirmed livestock or poultry killer, and any dog killing poultry for the third time shall be considered a confirmed poultry killer. The court, through its contempt powers, may compel the owner, custodian, or harborer of the dog to produce the dog.
Any animal warden or other person who has reason to believe that any dog is killing livestock, or committing any of the depredations mentioned in this section, shall apply to a magistrate of the county, city or town wherein such dog may be, who shall issue a warrant requiring the owner or custodian, if known, to appear before a general district court at a time and place named therein, at which time evidence shall be heard. If it shall appear that the dog is a livestock killer, or has committed any of the depredations mentioned in this section, the district court shall order that the dog be (i) killed immediately by the animal warden or other officer designated by the court or (ii) removed to another state which does not border the Commonwealth and prohibited from returning to the Commonwealth. Any dog ordered removed from the Commonwealth which is later found in the Commonwealth shall be ordered by a court to be killed immediately.

Code of Virginia ß 3.1-796.118. Compensation for livestock and poultry killed by dogs. Any person who has any livestock or poultry killed or injured by any dog not his own shall be entitled to receive as compensation the fair market value of such livestock or poultry not to exceed $400 per animal or $10 per fowl, provided that: (i) the claimant has furnished evidence within sixty days of discovery of the quantity and value of the dead or injured livestock and the reasons the claimant believes that death or injury was caused by a dog; (ii) the animal warden or other officer shall have been notified of the incident within seventy-two hours of its discovery; and (iii) the claimant first has exhausted his legal remedies against the owner, if known, of the dog doing the damage for which compensation under this section is sought. Exhaustion shall mean a judgment against the owner of the dog upon which an execution has been returned unsatisfied.

Local jurisdictions may by ordinance waive the requirements of (ii) or (iii) or both provided that the ordinance adopted requires that the animal warden has conducted an investigation and that his investigation supports the claim. Upon payment under this section the local governing body shall be subrogated to the extent of compensation paid to the right of action to the owner of the livestock or poultry against the owner of the dog and may enforce the same in an appropriate action at law.

 

[phishinchicken]

you are the man boyd

 

[kagedgoddess]

it depends. my dh is a cop and he has told me i am not allowed to shoot anything bc in any direction i shoot it will be illegal. either i d be shooting at a highway or someones house. he said i can use the bb gun, thats it. however he has told other people they can shoot a raccoon in their yard if they FEEL it is a threat, and i know in our area you can shoot a dog for just Worrying livestock, which chickens are. a dog can kill a calf just by chasing it. I would either call and ask the sherriffs office or animal control, here animal control officers are deputy's so they will know the laws. you dont have to be specific, tell them you have alot of stray dogs around, thats why your asking. if the niegnbors dog causing a problem you can always say in the heat of the moment you thought it was one of those dang strays you called the law about.

 

[Boyd]

Thanks

There is another section where you can have the dog labeled as a vicious dog where it has to be muzzled whenever it's outside.. don't know if you want to go that route or just cross your fingers and hope the dog doesn't climb fences

ETA - If it is illegal to discharge a firearm where you live, you'd still be breaking the law though. Only AC or the Police could at that point.

 

[phishinchicken]

well the neighbors know my feelings on the dog and the fence. i told them if their dog jumps the fence and goes after the chickens that it will only happen once.

 

[phishinchicken]

Quote:
i don't own a gun but if i could get my hands on the dog that will be all it takes.

 

[Boyd]

gotta be careful here though, people serve more jail time for animal cruelty than they do for murder. I agree though. If there is a safe way to get the animal, I'd throw it in the truck, and take it to AC or the Humane Society and let them handle it (if I was in a no shooting area)

 

[phishinchicken]

the dog is a pain in the rump anyway. before we got the chickens he would run to each tree in their yard and bark up it. tree to tree like it is crazy or something. the neighbors on the other side of them put a privacy fence on just that side of their yard. the dog is pretty out of control and i think might be a tad retarded.

 

[bishopschickens]

If you cant shoot it. I would get a live animal trap. So if you do have to catch it you can shove it in there and take it to the pound or call the game warden. That way you dont get animal cruelty charges. I shoot invaders but dont have neighbors too close to me. As of late I only have had fox and ferrel cats.