killing a dog that killed your poultry

Discussion in 'Predators and Pests' started by FireWolf60, Mar 11, 2011.

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  1. MMPoultryFarms

    MMPoultryFarms Songster

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    doing my home work will link several things you should know.

    In any criminal prosecution for violation of the provisions of § 47-7-160, the defendant may plead, as a matter of defense, the full satisfaction of all reasonable demands of the party or parties aggrieved by such violation; and upon such plea being legally established and upon payment of all costs accrued up to the time of such plea he shall be discharged from further penalty.

    HISTORY: 1962 Code § 6-322; 1952 Code § 6-322; 1942 Code § 1225; 1932 Code § 1225; Cr. C. '22 § 113; Cr. C. '12 § 233; Cr. C. '02 § 179; G. S. 1193; R. S. 173; 1881 (17) 594.

    § 47-3-530. Penalties for stealing or killing identifiable dog.

    Any person stealing any positively identifiable dog is guilty of a misdemeanor and upon conviction must be fined not less than five hundred dollars nor more than one thousand dollars or imprisoned for not less than thirty days nor more than six months, or both.

    Any person killing any dog when owner may be identified by means of a collar bearing sufficient information or some other form of positive identification is guilty of a misdemeanor and upon conviction must be fined not less than five hundred dollars nor more than one thousand dollars or imprisoned for not less than thirty days nor more than six months, or both. This paragraph does not apply to the killing of a dog threatening to cause or causing personal injury or property damage.

    HISTORY: 1984 Act No. 446, § 3.

    § 47-3-710. Definitions.

    (A) As used in this article "dangerous animal" means an animal of the canine or feline family:

    (1) which the owner knows or reasonably should know has a propensity, tendency, or disposition to attack unprovoked, cause injury, or otherwise endanger the safety of human beings or domestic animals;

    (2) which:

    (a) makes an unprovoked attack that causes bodily injury to a human being and the attack occurs in a place other than the place where the animal is confined as required by Section 47-3-720; or

    (b) commits unprovoked acts in a place other than the place where the animal is confined as required by Section 47-3-720 and those acts cause a person to reasonably believe that the animal will attack and cause bodily injury to a human being;

    (3) which is owned or harbored primarily or in part for the purpose of fighting or which is trained for fighting.

    (B) "Dangerous animal" does not include:

    (1) an animal used exclusively for agricultural purposes; or

    (2) an animal which attacks a person who is trespassing or who appears to be trespassing. A trespasser is a person who is not lawfully upon the premises of the owner, as set forth in Section 47-3-770(A).

    (C) An animal is not a "dangerous animal" solely by virtue of its breed or species.

    (D) As used in this article "owner" means a person who owns or has custody or control of the animal.

    (E) As used in this article, "injury" or "bodily injury" means (1) broken bones, (2) lacerations, (3) punctures of the skin, or (4) any physical injury resulting in death.

    HISTORY: 1988 Act No. 515, eff May 9, 1988; 1992 Act No. 374, § 1, eff May 19, 1992.

    CODE COMMISSIONER'S NOTE

    Section 47-3-610 as enacted by 1988 Act No. 515, § 1, has been redesignated as Section 47-3-710 by direction of the Code Commissioner.

    EFFECT OF AMENDMENT

    The 1992 amendment rewrote this section to make it apply to dangerous animals, instead of dangerous dogs.

    take this info to court and woop em gooooooood boy [​IMG]
     
  2. FireWolf60

    FireWolf60 In the Brooder

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    Mar 10, 2011
    lanark highlands ontario? -) i used to live in lanark ontario
     
  3. MMPoultryFarms

    MMPoultryFarms Songster

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    BTW these are laws taken from your law books [​IMG]
     
  4. FireWolf60

    FireWolf60 In the Brooder

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    we do have a lawyer working on it. waiting for the report, still don't have it yet. see what they put on that. we see on the ticket they issued they ticked him with at least nuisance animal. the animal control officer said he faced the same sort of fines as we did for his part in this. a lot of people loose livestock to dogs around here. one of the animal control officers said there was a case on the next road down...........the dogs had broken into a barn full of goats and just slaughtered the whole lot of them. then he added they never did catch the dogs
     
  5. MMPoultryFarms

    MMPoultryFarms Songster

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    Quote:your law clearly states you can execute a dog you fear might bite you if it has damaged your property or persons and you are in fear of it biting you. Poultry fall under property they have nothing on you there just doing there job. [​IMG]
     
  6. FireWolf60

    FireWolf60 In the Brooder

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    i guess their arguement is that the dog wasn't vicious (i don't know dog seemed vicious to eat it's way through a wire fence to slaughter birds to me) and that if i was able to get a hold of the dog i should have confined it and called animal control to take care of it (if they respond promptly that means it would take them an hour to get here) we live in the country
     
  7. FireWolf60

    FireWolf60 In the Brooder

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    i was in shock, i think i was under the same sort of trauma as the birds were. i didn't know what to do. never faced this situation before. i knew i had the right somehow to kill it and so i did. didn't think of doing all this other stuff they said i should have done. (fine next time i will). what really burns me is for years i kept a flock of over a hundred free ranging chickens up north with wolves howling all night and running across my pasture. there was ever sort of wild predator you could think of and i never lost one bird. i come here and now this happens
     
  8. MMPoultryFarms

    MMPoultryFarms Songster

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    We do not know what dogs are thinking when there killing livestock. You clearly stated the dog was untagged and Unmarked this insert is your most valuble insert IMO

    Any person killing any dog when owner may be identified by means of a collar bearing sufficient information or some other form of positive identification is guilty of a misdemeanor and upon conviction must be fined not less than five hundred dollars nor more than one thousand dollars or imprisoned for not less than thirty days nor more than six months, or both. This paragraph does not apply to the killing of a dog threatening to cause or causing personal injury or property damage.
     
  9. domino7

    domino7 Songster

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    N.E. Ohio
    Quote:your law clearly states you can execute a dog you fear might bite you if it has damaged your property or persons and you are in fear of it biting you. Poultry fall under property they have nothing on you there just doing there job. [​IMG]

    The problem here is that the OP was able to confine the dog, then shoot it. If they hadn't confined the dog first, there would likely have been no citation.
     
  10. FireWolf60

    FireWolf60 In the Brooder

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    Mar 10, 2011
    right that is where we screwed up. but we seriously didn't know it wasn't anything but a stray
     
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