Is this Immature of me or is this acceptable? Long but please read

[mr_shinn]

The only way it is considered animal cruelty to shoot a dog is if you don't kill it or have to shoot in multiple times. The fact that Nikki has already researched and found the laws that state she can shoot and kill a dog trying to kill her chickens and quails, makes me think she is safe if it comes to a point where she or her hubby needs to kill the dog. The last point I want to bring up is that this particular neighbor's dog has already gotten into her run and killed chickens in the past.

Animal cruelty is different in each state. The PA statute,18 Pa.C.S.A. § 5511(a)(1)(i), states

(a) KILLING, MAIMING OR POISONING DOMESTIC ANIMALS OR ZOO ANIMALS, ETC.-
(1) A person commits a misdemeanor of the second degree if he willfully and maliciously:
(i) Kills, maims or disfigures any domestic animal of another person or any domestic fowl of another person.

A shooting is certainly willful and the standard of malice used by PA courts is : "wickedness of disposition, hardness of heart, cruelty, recklessness of consequences, and a mind regardless of social duty.” In the deer farm case, the court found that retrieving a gun and shooting a dog barking at and scaring deer from the outside of the deer enclosure easily constituted malice. The court also relied on the fact that no people were in danger. My main point is that the word "pursue" in the statute is very limited from the court's perspective. There is no requirement that the dog suffer. One shot to the head is animal cruelty just as much as slamming a dog on the ground is.​

 

[MysticScorpio82]

Quote:
Animal cruelty is different in each state. The PA statute,18 Pa.C.S.A. § 5511(a)(1)(i), states

(a) KILLING, MAIMING OR POISONING DOMESTIC ANIMALS OR ZOO ANIMALS, ETC.-
(1) A person commits a misdemeanor of the second degree if he willfully and maliciously:
(i) Kills, maims or disfigures any domestic animal of another person or any domestic fowl of another person.

A shooting is certainly willful and the standard of malice used by PA courts is : "wickedness of disposition, hardness of heart, cruelty, recklessness of consequences, and a mind regardless of social duty.” In the deer farm case, the court found that retrieving a gun and shooting a dog barking at and scaring deer from the outside of the deer enclosure easily constituted malice. The court also relied on the fact that no people were in danger. My main point is that the word "pursue" in the statute is very limited from the court's perspective. There is no requirement that the dog suffer. One shot to the head is animal cruelty just as much as slamming a dog on the ground is.

Ah I see. Thank you for clearing up the PA law about Animal Cruelty. I am sure that there has to be laws that bypass the animal cruelty when it comes to a person protecting her livestock, animals, and property?

 

[Quack Shack]

Monarc, it's not really about dogs and birds but about people. I think you are young and I'm going to say please make peace with your neighbor by walking over with some fresh flowers for his wife and a dozen eggs for him. Pet the dog and tell them you were a little rash with your words - blame it on youth. He loves his dog just as much as you love your pet chickens. Good neighbors are so hard to find. You may need each other one day. Reinforce your coop and tell him it's to keep out other critters and keep giving him a friendly greeting when you see him in his yard. I had a former neighbor with a bulldog that he loved. I walked it to his home on 2 different occasions from my property. That man was the first when a tornado hit and he took care of my property when it snowed all because I showed compassion. This week I will go pick his corn because he's down in his back even though I don't live there anymore. What I'm saying is his dog has not harmed your birds, yes? No harm done, right? Please consider my words and you'll make the best choice.

 

[Eggs4Sale]

No, she said
"Mind you growing up this dog has killed 2 of our chickens, and one day we woke up to him stuck in our chicken netting being shocked by the netting trying to get at our birds (not these birds i have now) we let him go and never said anything to the neighbors...".

 

[quail newbie]

Quote:
I think the dog killed two birds already

 

[Quack Shack]

I missed that there was prior undesired behavior so thank you for pointing it out. My neighbor's dog killed my 9 year old cat but I recognize that no everyone can turn the other cheek. I'll just quietly go now.

 

[mr_shinn]

I am sure that there has to be laws that bypass the animal cruelty when it comes to a person protecting her livestock, animals, and property?

There are, but as I mentioned in my first post, they are affirmative defenses in PA, much like self-defense is an affirmative defense to murder. The state must prove a killing (dog or man) and the Defendant must prove that he/she acted in self-defense or defense of livestock. If the defense is clearly present, the prosecutor may decide not to go forward. However, if there is a history between the neighbors (ie: dog killing seen as retribution), or the prosecutor loves dogs, one could find oneself in court.

If the dog is IN THE PROCESS of killing, maiming or pursuing livestock or fowl, it can be shot. In PA, pursue means chasing in order to kill (ie: inside the coop, ect.), not chasing from outside the enclosure or chasing to play. Also, if the dog is in a pasture or field and NOT chasing livestock that are also in the field, it cannot be shot but can be caught and handed over to the dog warden.​

 

[deerman]

Quote:
Glad that you are young , may want to point that out to your DH.

Here my input, know you will not shoot the dog even if you do, you can legal do so. Trouble I see you still have charges filed, then you will have to pay lots to defend yourself.

Thats why SSS is done ,not because its illegal. Just stay away from them,if trouble with the dog, take pics and file charges on him.
Some people just never make good neighbors, him trying to take the 3 feet of you place shows that.

 

[grumps]

Honestly, Quack Shack is right. You will make more ground with your neighbor that way. As it is, you state it's been weeks since you've had a problem. It's best to let it go and be the neighbor you'd like him to be.

Your feelings are normal and your neighbor was a jerk about it all. But consider what Quack Shack has stated as people are far more important than animals.

I live where there are no dog laws and if you have a nuisance dog, the sheriff will tell you to just shoot it. Kind of the opposite of what you have. But a certain maturity is expected as well, if you are to get along with your neighbors that is. My neighbors dogs killed my dog in my own fenced yard. I talked to him about it and he didn't get rid of the dogs. Then I got 2 pups and one was attacked. I talked with him about it again and he asked me what to do. I told him that I think having dogs is fine, but not aggressive ones. There are plenty of friendly dogs that need homes. If he has aggressive dogs that are getting out, how would he feel if it was a child that was attacked. He put the 2 aggressive dogs down that same day.

And what is 3 ft. Well, my property line is 650ft long at the border with my neighbors. So that would be 1950 sq ft, which is a large size home. It's worth taking the appropriate legal measures to keep the property line where it is suppose to be. If he's putting the line in the wrong spot intentionally, then he's breaking the law and it needs to be dealt with legally.

 

[007Dawn]

If he is encroaching on your property I would seriously call the county on that. We have a neighbor that is doing that and we have to do something about it. He is trying to steal ten feet of our property. Like we wouldn't notice?

And they say the Ten Commandments are bad! Hell there are a lot of people that need to repeat them over and over and over again and then maybe they will get it.

OR perhaps we should go back to the day when we could shot someone in the ass with rock salt. LOL