Quote:
I do not see any sort of implication that it was illegal to shoot.
In fact, I see it as verification that it IS legal. The OP does not give her location, so we cannnot check state laws, but MOST states allow one to shoot dogs that are attacking people or animals; some only require that they be threatening people or animals. As the rules of this forum state, it is up to the OP to determine what methods of controlling predators are legal where they live. Just as state laws vary on shooting predators, they vary on the definition of animal cruelty.
Ignorance kills.
Ignorance gets people hurt; ignorance gets animals hurt. Being "ignorant" is not a defense in court.
1. The OP DID give her location when she introduced herself to the forum.
2. What you, Sonoran Silkies, accept as "verification" is troubling.
3. Sonoran Silkies, even if animal control told the OP to shoot the dog because it is "legal", animal control is not in the business of practicing law interpreting and advising persons in legal issues.
4. OP, I strongly recommend that you take a level-headed approach. I previously suggested being reasonable. I understand that the dog on your property is upsetting, disruptive, and potentially dangerous. I don't think anyone here is suggesting otherwise. However, there are many here that would have you act (shoot) first and consider your actions later -- if at all. The problem with their vigilante advice to you is two fold:
a. They are not a lawyer in your stated who is licensed and knowledgeable about the applicable laws in your state; and,
b. They won't bear the consequences of any bad advice they give you.
5. I already gave you some options to remedy your situation and mitigate potential damages you might suffer; I won't repeat that here.
5. Here is a link to the statutes in your state: (Chapter 287).
http://www.legislature.mi.gov/(S(uozz3a55fvwwkr45kwcu3c55))/mileg.aspx?page=GetObject&objectname=mcl-Act-339-of-1919
6. This link (to section 19)
http://www.legislature.mi.gov/(S(uo...eg.aspx?page=getObject&objectName=mcl-287-279 has some points worthy of your consideration.
From MCL 287.279.19
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'm going to break this down for you so that you can consider and interpret for yourself how this may apply to you (keep in mind,
your definition and the
legal definition of some of the language used may not be the same):
Sentence 1. 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.
Sentence 2.
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.
Sentence 3.
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.
OP, other posters in this thread may be inclined to read these statutes -- rather, read the first sentence -- and stop there and then say to you "See! You can kill the dog. Kill it!" OP, I caution you to read the entire thing and "test" it, meaning, test to see if it all applies to you.
Now, departing from the eagerness to kill the dog and the eagerness to be justified and satisfied in killing said dog, I ask you, why be so eager to kill the dog IF you have remedies you have not pursued?!
Additionally, OP, you mentioned that you are new to keeping chickens. I imagine in your newness and excitement and affection for your birds, this dog issue gets your feathers ruffled, however, keep in mind that this is an issue that most bird owners have to contend with, plan for, and reasonably deal with on a daily basis. I am not speaking hypothetically, btw, I am speaking from many years of experience.
I am departing this thread. I find the eagerness to be vigilantes and to steer a new chicken owner down the road to be not only bad advice based in ignorance, but very distasteful. I am disappointed that the vigilantes seem to outnumber the rest.
OP, good luck to you. I wish you the best of success and I hope you find an agreeable solution.
