Sometimes you just run into unreasonable people. Just do what I do every time 'granny' ticks me off.....
So mad I could spit bullets (loose dog AGAIN) - Letter rejected
- Thread starter jjthink
- Start date
To shoot an aggressive animal thats not only bitten her but has killed her stock is cruel? An injection is better? That makes 0 sense except for being ignorant there is no truth to the statement what so ever. Unless some moron tried to shoot a dog with a .22lr now thats cruel just injuring an animal. I dont think anyone said that tho.
Here is somthing I found on the net with just a quick search. It was on some website called Dog Law or somthing
--------------------------------------------------
Injury to Livestock
In the eyes of the law, injuring economically valuable livestock is traditionally a more serious matter than injuring a person.75 In at least one state, Minnesota, a dog owner is even guilty of a minor criminal offense - a petty misdemeanor - if the dog kills or pursues domestic livestock.76
The two cardinal rules, which apply almost everywhere, are:
1. A livestock owner is free to kill a dog that is killing, wounding, chasing, worrying, harassing, or attacking livestock.
2. A dog's owner or keeper is financially liable for any livestock damage the dog causes.
In some states, the dog's owner may be liable for double the amount of actual damages. In California, for example, the owner of livestock injured or killed by a dog may sue the dog's owner for twice the amount of the financial loss.77
Several states have funds to reimburse farmers or ranchers who lose livestock to dogs. The animal owner must file a claim with the state, following procedures set out in the statute. To seek reimbursement from the Illinois Animal Control Fund, for example, an owner must:
be an Illinois resident
report the loss to the state within 24 hours, and
appear before the County Board and make a sworn statement setting out how many animals were killed, their value, and the owner of the dog, if known.78
The Board investigates and files a written report with the county treasurer, who makes payments once a year. Unless the county sets the amount to be paid at the reasonable market value, maximum amounts per injured or killed animal are set by state law.
The livestock owner may still sue the owner of the dog responsible for the damage. An amount equal to what the livestock owner has received from the Animal Control Fund is simply deducted from what is awarded in court, if anything, and paid back to the fund.
Endnotes
1 Estimate of the Centers for Disease Conrol and Prevention in Atlanta.
2 A community approach to dog bite prevention, J. Am. Vet. Med. Ass'n, vol. 218, No. 11 (2001).
3 Jannuzzelli v. Wilkens, 158 N.J. Super. 36, 385 A.2d 322 (1978).
4 Morris v. Weatherly, 488 N.W.2d 508 (Minn. App. 1992).
5 Cal. Civ. Code 3342; Ariz. Rev. Stat. 11-1020 (D).
6 Holden ex rel. Holden v. Schwer, 242 Neb. 389, 495 N.W.2d 269 (1993).
7 Johnson v. Lindley, 41 F. Supp. 2d 1021 (D. Neb. 1999).
8 Lewellin v. Huber, 465 N.W.2d 62 (Minn. 1991).
9 Georgia has a dog-bite statute, but instead of imposing strict liability (liability without fault) as other statutes do, it merely puts the common law rule in a statute.
10 Tessiero v. Conrad, 588 N.Y.S.2d 200 (App. Div. 1992).
11 See, for example, Slack v. Villari, 59 Md. App. 462, 476 A.2d 227, cert. denied, 301 Md. 177, 482 A.2d 502 (1984).
12 See, for example, Fontecchio v. Esposito, 108 A.D.2d 780, 485 N.Y.S.2d 113 (1985).
13 See, for example, Henkel v. Jordan, 644 P.2d 1348, 7 Kan. App. 2d 561 (1982). (Dog ran after bicyclists, who fell and were injured. The owners, who knew of the dog's habits, were held liable.)
14 Nava v. McMillan, 176 Cal. Rptr. 473, 123 Cal. App. 3d 262 (1981).
15 Fowler v. Helck, 278 Ky. 361 (1939).
16 Rucker v. Goldstein, 497 So. 2d 491 (Ala. 1986).
17 See, for example, Roupp v. Conrad, 287 A.D.2d 937, 731 N.Y.S.2d 545 (2001).
18 Alfano v. Stutsman, 471 N.E.2d 1143 (Ind. App. 1984).
19 Partipilo v. DiMaria, 211 Ill. App. 3d 813, 156 Ill. Dec. 207, 570 N.E.2d 683 (1991).
20 Laylon v. Shaver, 590 N.Y.S.2d 615 (App. Div. 1992).
21 Williams v. Hill, 658 So. 2d 381 (Ala. 1995).
22 Hill v. Williams, 144 N.C. App. 45, 547 S.E.2d 472, rev. denied 354 N.C. 217, 557 S.E.2d 531 (2001).
23 For example, see Delfino v. Sloan, 20 Cal. App. 4th 1429, 25 Cal. Rptr. 2d 265 (1993), petition for review denied (1994), and Silva v. Micelli, 178 A.D.2d 521, 577 N.Y.S.2d 444 (1991).
24 Los Angeles Daily Journal, Jan. 26, 1987.
25 Selger v. Steven Brothers, Inc., 222 Cal. App. 3d 1585, 272 Cal. Rptr. 544 (1990).
26 Von Behren v. Bradley, 266 Ill. App. 3d 446, 640 N.E.2d 664, 203 Ill. Dec. 744 (1994), petition for leave to appeal denied (1995).
27 Brans v. Extrom, 2005 WL 1026050, __ N.W.2d __ (Mich. App. 2005).
28 See, for example, Reed v. Bowen, 503 So.2d 1265 (Fla. App. 1986); Toney v. Bouthillier, 129 Ariz. 402, 631 P.2d 557 (1981).
29 "Retired doctor not at fault for dog's attack, jury says," Memphis Commercial Appeal, Dec. 7, 1990.
30 Benton v. Aquarium, Inc., 62 Md. App. 373, 489 A.2d 549 (1985).
31 Lundy v. Stuhr, 185 Ga. App. 72, 363 S.E.2d 343 (1987).
32 Carlson v. Friday, 694 N.W.2d 828 (Minn. App. 2005).
33 Murphy v. Buonato, 241 Conn. 319, 696 A.2d 320 (1997).
34 Prays v. Perryman, 213 Cal. App. 3d 1133, 262 Cal. Rptr. 180 (1989).
35 Pulley v. Malek, 25 Ohio 3d 95, 495 N.E.2d 402 (1986).
36 Collins v. Kenealy, 492 N.W.2d 679 (Iowa 1992).
37 Hass v. Money, 849 P.2d 1106 (Okla. Civ. App. 1993).
38 Nelson v. Hall, 165 Cal. App. 3d 709, 211 Cal. Rptr. 668 (1985); Vanderlei v. Heideman, 83 Ill. App. 3d 158, 38 Ill. Dec. 525, 403 N.E.2d 756 (1980).
39 Kenney v. Barna, 215 Neb. 863, 341 N.W.2d 901 (1983).
40 Alvin v. Simpson, 195 Mich. App. 418, 491 N.W.2d 604 (1992).
41 See, for example, Wroniak v. Ayala, 14 Conn. L. Rptr. 328 (1995) (officer bitten while investigating a burglary in the dog owner's home could sue under state dog-bite statute).
42 Jones v. Manhart, 120 Ariz. 338, 585 P.2d 1250 (1978).
43 Restatement (Second) of Torts 514 (1977).
44 Mech v. Hearst Corp., 64 Md. App. 422, 496 A.2d 1099 (1985).
45 DeRobertis v. Randazzo, 94 N.J. 144, 462 A.2d 1260 (1983).
46 Mitchell v. Chase, 87 Me. 172, 32 A. 867 (1895).
47 Verrett v. Silver, 244 N.W.2d 147 (Minn. 1976).
48 Armstrong v. Milwaukee Mutual Ins. Co., 191 Wis. 2d 562, 530 N.W.2d 12 (1995).
49 Verrett v. Silver, 244 N.W.2d 147 (Minn. 1976).
50 Kirchgessner v. County of Tazewell, 162 Ill. App. 3d 510, 114 Ill. Dec. 224, 516 N.E.2d 379 (1987).
51 Hassell v. Wenglinski, 243 Ill. App. 3d 398, 183 Ill. Dec. 807, 612 N.E.2d 64 (1993), petition for leave to appeal denied (1993).
52 Zwinge v. Love, 37 A.D.2d 874, 325 N.Y.S.2d 107 (1971).
53 Gilbert v. Christiansen, 259 N.W.2d 896 (Minn. 1977).
54 Hagenau v. Millard, 195 N.W. 718 (Wis. 1923).
55 Guerrero v. Capron, 121 Wash. App. 1063 (2004).
56 510 Ill. Comp. Stat., 5/2.16, 5/16.
57 Hampton ex rel. Hampton v. Hammons, 743 P.2d 1053 (Okla. 1987).
58 Schleier ex rel. Alter v. Alter, 767 P.2d 1187 (Ariz. App. 1989).
59 Thelen v. Thelen, 174 Mich. App. 380, 435 N.W.2d 495 (1989) (child allowed to sue father and stepmother for bite by father's dog).
60 See, for example, Squeglia v. Squeglia, 234 Conn. 259 (1995) (four-year-old child couldn't sue father, under state strict liability statute, for dog bite).
61 Nakhla v. Singer-Shoprite, Inc., 500 A.2d 411 (N.J. Super. A.D. 1985).
62 Humphries v. Rice, 600 So. 2d 975 (Ala. 1992).
63 Barrett v. Rodgers, 408 Mass. 614, 562 N.E.2d 480 (1990).
64 Graham ex rel. Graham v. Murphy, 135 A.D.2d 326, 525 N.Y.S.2d 414 (1988).
65 Fontecchio v. Esposito, 108 A.D.2d 780, 485 N.Y.S.2d 113 (1985).
66 Insurance Information Institute, Dog Bite Liability, January 2005.
67 Wiley v. Travelers Ins. Co., 534 P.2d 1293 (Okla. 1974).
68 Lititz Mutual Ins. Co. v. Branch, 561 S.W.2d 371 (Mo. App. 1977).
69 Diehl v. Cumberland Mutual Fire Ins. Co., 296 N.J. Super. 231, 686 A.2d 785 (1997).
70 Heringlake v. State Farm Fire & Casualty Co., 74 Wash. App. 179, 872 P.2d 539 (Wash. Ct. App. 1994).
71 Cieslewicz v. Mutual Service Casualty Ins. Co., 84 Wis. 2d 91, 267 N.W.2d 595 (1978).
72 The Dreamer's Dictionary, by Robinson and Corbett (Taplinger Pub. Co., 1974).
73 Murdock v. Balle, 144 Ariz. 136, 696 P.2d 230 (1981).
74 101 Law Forms for Personal Use contains more information about releases and tear-out release forms.
75 Strict liability statutes (which make an owner liable just because he owns a dog, not because he is at fault in any way) are relatively new when it comes to personal injury caused by dogs, but for years dog owners have been strictly liable for damage to livestock. Many states that still don't impose strict liability for injury to persons do impose strict liability if the dog injures livestock.
76 Minn. Stat. 347.01(b).
77 Cal. Food & Agric. Code 31501.
78 510 Ill. Comp. Stat., 5/19.
Here is somthing I found on the net with just a quick search. It was on some website called Dog Law or somthing
--------------------------------------------------
Injury to Livestock
In the eyes of the law, injuring economically valuable livestock is traditionally a more serious matter than injuring a person.75 In at least one state, Minnesota, a dog owner is even guilty of a minor criminal offense - a petty misdemeanor - if the dog kills or pursues domestic livestock.76
The two cardinal rules, which apply almost everywhere, are:
1. A livestock owner is free to kill a dog that is killing, wounding, chasing, worrying, harassing, or attacking livestock.
2. A dog's owner or keeper is financially liable for any livestock damage the dog causes.
In some states, the dog's owner may be liable for double the amount of actual damages. In California, for example, the owner of livestock injured or killed by a dog may sue the dog's owner for twice the amount of the financial loss.77
Several states have funds to reimburse farmers or ranchers who lose livestock to dogs. The animal owner must file a claim with the state, following procedures set out in the statute. To seek reimbursement from the Illinois Animal Control Fund, for example, an owner must:
be an Illinois resident
report the loss to the state within 24 hours, and
appear before the County Board and make a sworn statement setting out how many animals were killed, their value, and the owner of the dog, if known.78
The Board investigates and files a written report with the county treasurer, who makes payments once a year. Unless the county sets the amount to be paid at the reasonable market value, maximum amounts per injured or killed animal are set by state law.
The livestock owner may still sue the owner of the dog responsible for the damage. An amount equal to what the livestock owner has received from the Animal Control Fund is simply deducted from what is awarded in court, if anything, and paid back to the fund.
Endnotes
1 Estimate of the Centers for Disease Conrol and Prevention in Atlanta.
2 A community approach to dog bite prevention, J. Am. Vet. Med. Ass'n, vol. 218, No. 11 (2001).
3 Jannuzzelli v. Wilkens, 158 N.J. Super. 36, 385 A.2d 322 (1978).
4 Morris v. Weatherly, 488 N.W.2d 508 (Minn. App. 1992).
5 Cal. Civ. Code 3342; Ariz. Rev. Stat. 11-1020 (D).
6 Holden ex rel. Holden v. Schwer, 242 Neb. 389, 495 N.W.2d 269 (1993).
7 Johnson v. Lindley, 41 F. Supp. 2d 1021 (D. Neb. 1999).
8 Lewellin v. Huber, 465 N.W.2d 62 (Minn. 1991).
9 Georgia has a dog-bite statute, but instead of imposing strict liability (liability without fault) as other statutes do, it merely puts the common law rule in a statute.
10 Tessiero v. Conrad, 588 N.Y.S.2d 200 (App. Div. 1992).
11 See, for example, Slack v. Villari, 59 Md. App. 462, 476 A.2d 227, cert. denied, 301 Md. 177, 482 A.2d 502 (1984).
12 See, for example, Fontecchio v. Esposito, 108 A.D.2d 780, 485 N.Y.S.2d 113 (1985).
13 See, for example, Henkel v. Jordan, 644 P.2d 1348, 7 Kan. App. 2d 561 (1982). (Dog ran after bicyclists, who fell and were injured. The owners, who knew of the dog's habits, were held liable.)
14 Nava v. McMillan, 176 Cal. Rptr. 473, 123 Cal. App. 3d 262 (1981).
15 Fowler v. Helck, 278 Ky. 361 (1939).
16 Rucker v. Goldstein, 497 So. 2d 491 (Ala. 1986).
17 See, for example, Roupp v. Conrad, 287 A.D.2d 937, 731 N.Y.S.2d 545 (2001).
18 Alfano v. Stutsman, 471 N.E.2d 1143 (Ind. App. 1984).
19 Partipilo v. DiMaria, 211 Ill. App. 3d 813, 156 Ill. Dec. 207, 570 N.E.2d 683 (1991).
20 Laylon v. Shaver, 590 N.Y.S.2d 615 (App. Div. 1992).
21 Williams v. Hill, 658 So. 2d 381 (Ala. 1995).
22 Hill v. Williams, 144 N.C. App. 45, 547 S.E.2d 472, rev. denied 354 N.C. 217, 557 S.E.2d 531 (2001).
23 For example, see Delfino v. Sloan, 20 Cal. App. 4th 1429, 25 Cal. Rptr. 2d 265 (1993), petition for review denied (1994), and Silva v. Micelli, 178 A.D.2d 521, 577 N.Y.S.2d 444 (1991).
24 Los Angeles Daily Journal, Jan. 26, 1987.
25 Selger v. Steven Brothers, Inc., 222 Cal. App. 3d 1585, 272 Cal. Rptr. 544 (1990).
26 Von Behren v. Bradley, 266 Ill. App. 3d 446, 640 N.E.2d 664, 203 Ill. Dec. 744 (1994), petition for leave to appeal denied (1995).
27 Brans v. Extrom, 2005 WL 1026050, __ N.W.2d __ (Mich. App. 2005).
28 See, for example, Reed v. Bowen, 503 So.2d 1265 (Fla. App. 1986); Toney v. Bouthillier, 129 Ariz. 402, 631 P.2d 557 (1981).
29 "Retired doctor not at fault for dog's attack, jury says," Memphis Commercial Appeal, Dec. 7, 1990.
30 Benton v. Aquarium, Inc., 62 Md. App. 373, 489 A.2d 549 (1985).
31 Lundy v. Stuhr, 185 Ga. App. 72, 363 S.E.2d 343 (1987).
32 Carlson v. Friday, 694 N.W.2d 828 (Minn. App. 2005).
33 Murphy v. Buonato, 241 Conn. 319, 696 A.2d 320 (1997).
34 Prays v. Perryman, 213 Cal. App. 3d 1133, 262 Cal. Rptr. 180 (1989).
35 Pulley v. Malek, 25 Ohio 3d 95, 495 N.E.2d 402 (1986).
36 Collins v. Kenealy, 492 N.W.2d 679 (Iowa 1992).
37 Hass v. Money, 849 P.2d 1106 (Okla. Civ. App. 1993).
38 Nelson v. Hall, 165 Cal. App. 3d 709, 211 Cal. Rptr. 668 (1985); Vanderlei v. Heideman, 83 Ill. App. 3d 158, 38 Ill. Dec. 525, 403 N.E.2d 756 (1980).
39 Kenney v. Barna, 215 Neb. 863, 341 N.W.2d 901 (1983).
40 Alvin v. Simpson, 195 Mich. App. 418, 491 N.W.2d 604 (1992).
41 See, for example, Wroniak v. Ayala, 14 Conn. L. Rptr. 328 (1995) (officer bitten while investigating a burglary in the dog owner's home could sue under state dog-bite statute).
42 Jones v. Manhart, 120 Ariz. 338, 585 P.2d 1250 (1978).
43 Restatement (Second) of Torts 514 (1977).
44 Mech v. Hearst Corp., 64 Md. App. 422, 496 A.2d 1099 (1985).
45 DeRobertis v. Randazzo, 94 N.J. 144, 462 A.2d 1260 (1983).
46 Mitchell v. Chase, 87 Me. 172, 32 A. 867 (1895).
47 Verrett v. Silver, 244 N.W.2d 147 (Minn. 1976).
48 Armstrong v. Milwaukee Mutual Ins. Co., 191 Wis. 2d 562, 530 N.W.2d 12 (1995).
49 Verrett v. Silver, 244 N.W.2d 147 (Minn. 1976).
50 Kirchgessner v. County of Tazewell, 162 Ill. App. 3d 510, 114 Ill. Dec. 224, 516 N.E.2d 379 (1987).
51 Hassell v. Wenglinski, 243 Ill. App. 3d 398, 183 Ill. Dec. 807, 612 N.E.2d 64 (1993), petition for leave to appeal denied (1993).
52 Zwinge v. Love, 37 A.D.2d 874, 325 N.Y.S.2d 107 (1971).
53 Gilbert v. Christiansen, 259 N.W.2d 896 (Minn. 1977).
54 Hagenau v. Millard, 195 N.W. 718 (Wis. 1923).
55 Guerrero v. Capron, 121 Wash. App. 1063 (2004).
56 510 Ill. Comp. Stat., 5/2.16, 5/16.
57 Hampton ex rel. Hampton v. Hammons, 743 P.2d 1053 (Okla. 1987).
58 Schleier ex rel. Alter v. Alter, 767 P.2d 1187 (Ariz. App. 1989).
59 Thelen v. Thelen, 174 Mich. App. 380, 435 N.W.2d 495 (1989) (child allowed to sue father and stepmother for bite by father's dog).
60 See, for example, Squeglia v. Squeglia, 234 Conn. 259 (1995) (four-year-old child couldn't sue father, under state strict liability statute, for dog bite).
61 Nakhla v. Singer-Shoprite, Inc., 500 A.2d 411 (N.J. Super. A.D. 1985).
62 Humphries v. Rice, 600 So. 2d 975 (Ala. 1992).
63 Barrett v. Rodgers, 408 Mass. 614, 562 N.E.2d 480 (1990).
64 Graham ex rel. Graham v. Murphy, 135 A.D.2d 326, 525 N.Y.S.2d 414 (1988).
65 Fontecchio v. Esposito, 108 A.D.2d 780, 485 N.Y.S.2d 113 (1985).
66 Insurance Information Institute, Dog Bite Liability, January 2005.
67 Wiley v. Travelers Ins. Co., 534 P.2d 1293 (Okla. 1974).
68 Lititz Mutual Ins. Co. v. Branch, 561 S.W.2d 371 (Mo. App. 1977).
69 Diehl v. Cumberland Mutual Fire Ins. Co., 296 N.J. Super. 231, 686 A.2d 785 (1997).
70 Heringlake v. State Farm Fire & Casualty Co., 74 Wash. App. 179, 872 P.2d 539 (Wash. Ct. App. 1994).
71 Cieslewicz v. Mutual Service Casualty Ins. Co., 84 Wis. 2d 91, 267 N.W.2d 595 (1978).
72 The Dreamer's Dictionary, by Robinson and Corbett (Taplinger Pub. Co., 1974).
73 Murdock v. Balle, 144 Ariz. 136, 696 P.2d 230 (1981).
74 101 Law Forms for Personal Use contains more information about releases and tear-out release forms.
75 Strict liability statutes (which make an owner liable just because he owns a dog, not because he is at fault in any way) are relatively new when it comes to personal injury caused by dogs, but for years dog owners have been strictly liable for damage to livestock. Many states that still don't impose strict liability for injury to persons do impose strict liability if the dog injures livestock.
76 Minn. Stat. 347.01(b).
77 Cal. Food & Agric. Code 31501.
78 510 Ill. Comp. Stat., 5/19.
- Thread starter
- #43
Wow - THANK YOU you all for taking the time to share your thoughts and experiences.
Hope this addresses some of the questions/points.
I did report the initial dog bite that occurred in December; sought AC assistance to find out if the dog had had its rabies shot since its people were not answering my inquiry about that. After having a devil of a time getting the people to respond, AC reported back that the dog had had its shot. My birds were not injured during that incident because I interceded just in time. When I called AC this Tuesday, 3/10, to report the dog was loose yet again and had been several times since the December incident, I just got voice mail. Left a lengthy message. Around here, AC seems to be part of the police unit. That said, I will talk to the police directly from here forward.
I don't believe in the use of poison or anything else that could harm an unintended victim. I'd prefer to see these dogs rehomed to people with brains and an understanding of the concept of personal responsibility. Though this is easier said than done (like most things!). The RR moves unbelievably fast - I have not been able to catch him - yet - though I am not afraid to try. Some years back I tackled a vicious chow (yet another dog that was not where it was supposed to be) to the ground that was tearing apart a beautiful little fawn who was screaming in agony. Went into alpha mode through every fiber of my being and the dog knew it and did not argue the point. Pinned him down till my calls for assist finally woke a neighbor who came to help me get the dog into a confined area in her yard so AC could be called. Sadly, I was unable to find the poor little fawn despite a concerted search of the area.
Have a camera at the ready but wow - when these things happen and every millisecond counts to ensure the dog does not intercept the birds it's tough to fit in photography but when the opportunity permits I will be sure to do so. My birds have a modest run but they explode with anticipation wanting to explore (and go find worms!) beyond it and darn it all, they should be able to be in my yard without being torn to shreds by someone's AWOL dog. Lately it is raising my BP to think that I pay $10,000 in property taxes for a tiny little place and can't allow my pets to use my own property! As to fencing the whole yard, I'm afraid that is not possible for complex reasons not the least of which is funding but also the flooding problem caused by the neighbor who lives next to Mr. and Mrs. Ditz. In answer to a post about this, I have documented this to the tune of several feet of paper and photos and since they and the town refuse to act responsibly, lawsuit is the only option but lawyers thus far have wanted tens of thousands of dollars in retainer and I don't have it. (nonprofit environmental work does not result in leftover dollars for a lawyer fund :^(). Have been in desperate search for a lawyer who will take this well documented case on contingency.
Jody, I think of your nightmare situation all the time when Mrs. Ditz looks down at her dog standing by her side and says "see - he's not a problem'.
Like many of you who have been through similar, I am on edge knowing this isn't likely over yet (the Ditz's are too dopey and irresponsible to reform, I fear), feeling so bad for my birds being cooped up. I let them out when I'm standing right over them and of course getting nothing else done during that time. When I explain to Mrs. Ditz that dogs are predators and must be in the care and control of their people at all times, I wish you could see the look on her face. Complete and utter zombie. Their kids will someday be be loose in the world too
JJ
Hope this addresses some of the questions/points.
I did report the initial dog bite that occurred in December; sought AC assistance to find out if the dog had had its rabies shot since its people were not answering my inquiry about that. After having a devil of a time getting the people to respond, AC reported back that the dog had had its shot. My birds were not injured during that incident because I interceded just in time. When I called AC this Tuesday, 3/10, to report the dog was loose yet again and had been several times since the December incident, I just got voice mail. Left a lengthy message. Around here, AC seems to be part of the police unit. That said, I will talk to the police directly from here forward.
I don't believe in the use of poison or anything else that could harm an unintended victim. I'd prefer to see these dogs rehomed to people with brains and an understanding of the concept of personal responsibility. Though this is easier said than done (like most things!). The RR moves unbelievably fast - I have not been able to catch him - yet - though I am not afraid to try. Some years back I tackled a vicious chow (yet another dog that was not where it was supposed to be) to the ground that was tearing apart a beautiful little fawn who was screaming in agony. Went into alpha mode through every fiber of my being and the dog knew it and did not argue the point. Pinned him down till my calls for assist finally woke a neighbor who came to help me get the dog into a confined area in her yard so AC could be called. Sadly, I was unable to find the poor little fawn despite a concerted search of the area.
Have a camera at the ready but wow - when these things happen and every millisecond counts to ensure the dog does not intercept the birds it's tough to fit in photography but when the opportunity permits I will be sure to do so. My birds have a modest run but they explode with anticipation wanting to explore (and go find worms!) beyond it and darn it all, they should be able to be in my yard without being torn to shreds by someone's AWOL dog. Lately it is raising my BP to think that I pay $10,000 in property taxes for a tiny little place and can't allow my pets to use my own property! As to fencing the whole yard, I'm afraid that is not possible for complex reasons not the least of which is funding but also the flooding problem caused by the neighbor who lives next to Mr. and Mrs. Ditz. In answer to a post about this, I have documented this to the tune of several feet of paper and photos and since they and the town refuse to act responsibly, lawsuit is the only option but lawyers thus far have wanted tens of thousands of dollars in retainer and I don't have it. (nonprofit environmental work does not result in leftover dollars for a lawyer fund :^(). Have been in desperate search for a lawyer who will take this well documented case on contingency.
Jody, I think of your nightmare situation all the time when Mrs. Ditz looks down at her dog standing by her side and says "see - he's not a problem'.
Like many of you who have been through similar, I am on edge knowing this isn't likely over yet (the Ditz's are too dopey and irresponsible to reform, I fear), feeling so bad for my birds being cooped up. I let them out when I'm standing right over them and of course getting nothing else done during that time. When I explain to Mrs. Ditz that dogs are predators and must be in the care and control of their people at all times, I wish you could see the look on her face. Complete and utter zombie. Their kids will someday be be loose in the world too
JJ
It's too bad that the ditzes have kids. People that stupid shouldn't reproduce. The gene pool is further contaminated.
Did Mr. Ditz ever show up at your house? I would also suggest that you send them a very civil but firm letter regarding the dog. It helps greatly in court. Mail 2 copies, one certified and one regular mail. That way even if they don't go to the post office to sign for the registered one, they still get one via regular mail. A lawyer told me that was the best way to do it. I sent my neighbors a letter when their dogs were seen by another neighbor running loose. There was dead chicken in my yard, and they were the prime suspects. The letter was ignored and the dogs were loose again and killed 13 of my chickens. Showing the judge the warning letter they received on a previous occasion helped her to see that they were truly irresponsible and helped her rule in my favor. I would suggest that you send them a formal and cordial letter something like this:
Your name
your address
Mr & Mrs Ditz
Ditz address
Re: dogs at large
date
Dear Neighbor,
On (insert date) your dogs were running at large on my property chasing, worrying and attempting to injure or kill my poultry. In my attempt to intervene, I was bit by your Rodesian Ridgeback. Local laws prohibit dogs running at large, dogs chasing, worrying, injuring or killing domestic animals and livestock and dogs biting humans.
I feel that your dogs are a threat to my personal safety and the safety of my animals. I have repeatedly made you aware of the nuisance and hazards caused by your dogs not being confined. However, the Rhodesian Ridgeback still escapes your yard. The dog was in my yard again on (insert date) attemping to chase, worry, injure or kill my poultry. It is your legal obligation to keep your animals in your yard. Please be advised of the following New Jersey statutes.
4:19-8. Failure to kill dog found worrying livestock, penalty
4:19-8. An owner or person harboring a dog which is found killing, worrying or wounding any sheep, lamb, domestic animal or poultry, who shall, after being informed thereof, fail to kill the dog within twenty-four hours after receiving such information, shall be liable, to any person who shall sue for the same, to a penalty of ten dollars ($10.00), to be recovered with costs by a civil action before the Superior Court and shall also pay triple damages for any injury done.
4:19-9. Right to destroy offending dogs
A person may humanely destroy a dog in self defense, or which is found chasing, worrying, wounding or destroying any sheep, lamb, poultry or domestic animal.
It is your responsibility as a pet owner to contain your animals on your property. Legally, I could have demanded that your dogs be euthanized (see the above mentioned statute) for "chasing and worrying" my birds, but I chose not to. If either of your dogs enter my property in the future, I will in self defense or in defense of my animals humanely destroy the dog, or demand that the dog be euthanized by you or the authorities.
I have researched the Rhodesian Ridgeback breed. Two major Rhodesian Ridgeback organizations mention on their web sites that nothing short of a six foot wall will stop a Rhodesian Ridgeback that wants to escape its yard. Please supervise your animals and keep them on your property. I value my animals greatly and do not want to see them maimed or killed by your pets. If your dogs continue to roam on my property, I will use all legal means at my disposal to remedy the situation.
Sincerely,
your name
I know it may sound harsh to some, but some people just don't get it unless you play hard ball. My neighbors are an excellent case in point. The full force of the law came down on them, and I'm still not sure if they get it. Don't tell your neighbors that you don't have gun. Let them worry about it. Personally, I'd shoot the dog if it came back. Fast dog or not, DH and I are good shots and because of those dogs we are often armed when outside on our property. But I know that the OP is not in a position to do that. I'm sorry if some are offended about the prospect of shooting a dog. It's very sad when an irresponsible dog owner puts a neighbor in the position of having to decide whose pet gets to live. It's easy to say trap it or catch it, but the reality is that they may not be that easy to catch. The life of the dog is not more valuable than the life of another pet because, as most of us know, that they are not "just chickens."
Did Mr. Ditz ever show up at your house? I would also suggest that you send them a very civil but firm letter regarding the dog. It helps greatly in court. Mail 2 copies, one certified and one regular mail. That way even if they don't go to the post office to sign for the registered one, they still get one via regular mail. A lawyer told me that was the best way to do it. I sent my neighbors a letter when their dogs were seen by another neighbor running loose. There was dead chicken in my yard, and they were the prime suspects. The letter was ignored and the dogs were loose again and killed 13 of my chickens. Showing the judge the warning letter they received on a previous occasion helped her to see that they were truly irresponsible and helped her rule in my favor. I would suggest that you send them a formal and cordial letter something like this:
Your name
your address
Mr & Mrs Ditz
Ditz address
Re: dogs at large
date
Dear Neighbor,
On (insert date) your dogs were running at large on my property chasing, worrying and attempting to injure or kill my poultry. In my attempt to intervene, I was bit by your Rodesian Ridgeback. Local laws prohibit dogs running at large, dogs chasing, worrying, injuring or killing domestic animals and livestock and dogs biting humans.
I feel that your dogs are a threat to my personal safety and the safety of my animals. I have repeatedly made you aware of the nuisance and hazards caused by your dogs not being confined. However, the Rhodesian Ridgeback still escapes your yard. The dog was in my yard again on (insert date) attemping to chase, worry, injure or kill my poultry. It is your legal obligation to keep your animals in your yard. Please be advised of the following New Jersey statutes.
4:19-8. Failure to kill dog found worrying livestock, penalty
4:19-8. An owner or person harboring a dog which is found killing, worrying or wounding any sheep, lamb, domestic animal or poultry, who shall, after being informed thereof, fail to kill the dog within twenty-four hours after receiving such information, shall be liable, to any person who shall sue for the same, to a penalty of ten dollars ($10.00), to be recovered with costs by a civil action before the Superior Court and shall also pay triple damages for any injury done.
4:19-9. Right to destroy offending dogs
A person may humanely destroy a dog in self defense, or which is found chasing, worrying, wounding or destroying any sheep, lamb, poultry or domestic animal.
It is your responsibility as a pet owner to contain your animals on your property. Legally, I could have demanded that your dogs be euthanized (see the above mentioned statute) for "chasing and worrying" my birds, but I chose not to. If either of your dogs enter my property in the future, I will in self defense or in defense of my animals humanely destroy the dog, or demand that the dog be euthanized by you or the authorities.
I have researched the Rhodesian Ridgeback breed. Two major Rhodesian Ridgeback organizations mention on their web sites that nothing short of a six foot wall will stop a Rhodesian Ridgeback that wants to escape its yard. Please supervise your animals and keep them on your property. I value my animals greatly and do not want to see them maimed or killed by your pets. If your dogs continue to roam on my property, I will use all legal means at my disposal to remedy the situation.
Sincerely,
your name
I know it may sound harsh to some, but some people just don't get it unless you play hard ball. My neighbors are an excellent case in point. The full force of the law came down on them, and I'm still not sure if they get it. Don't tell your neighbors that you don't have gun. Let them worry about it. Personally, I'd shoot the dog if it came back. Fast dog or not, DH and I are good shots and because of those dogs we are often armed when outside on our property. But I know that the OP is not in a position to do that. I'm sorry if some are offended about the prospect of shooting a dog. It's very sad when an irresponsible dog owner puts a neighbor in the position of having to decide whose pet gets to live. It's easy to say trap it or catch it, but the reality is that they may not be that easy to catch. The life of the dog is not more valuable than the life of another pet because, as most of us know, that they are not "just chickens."
Jody is the one to listen to, Judy. And one other comment I just made to my own DH about all this--why do some think that their pets are more important than my pets (my chickens) just because their pet is a canine?? Believe me, I adore dogs, but I love some of these chickens as much as I've ever loved any dog I've had. When it's a choice between my pet and their pet, my pet wins, hands down. It's just that simple, really. Add to that, the danger factor to humans, and there really is no choice at all.
- Dec 15, 2007
- 2
- 0
- 7
I too have had dog attacks in the past few years and completely understand where you are coming from. Just reading your letter makes me furious all over again. I live on a 4 acre lot out in the country and am in the process of putting up farm fencing around the entire 4 acres and yes the cost is extremely high, but at least when I am done will have some piece of mind. Last year I lost a beautiful Milliflore (spelling?) hen and a couple of other hens to a dog tag team. I did everything you've tried, talking to owners, Animal control, photos, and getting the neighbors involved. Now I own a gun, which I hope will only have to be used against the coons.
My neighbor explained to me how they deal with problems like this out here "Shoot, shovel, shutup".
My neighbor explained to me how they deal with problems like this out here "Shoot, shovel, shutup".
I was having trouble with a neighbors loose dogs and they were blowing it off saying, "Oh they aren't dangerous." Sorry but 5 large dogs charging my birds is a threat, they were jumping over my pasture fence to get at them. Plus they were coming up the road to attack my dogs through the main yard fence.
One day when I heard the woman calling her dogs and knew they were far off I set a speaker on my deck and played the sound of several gun shots then a dog screaming. The woman was suddenly running up th eroad in her slippers screaming for her babies who were ironically running up behind her.
I've only seen the dogs out loose once since then in the last 6 months. Not a rela long term solution, but it rattled them.
Oh and I got the recording of the dog screaming by showing one of my major wheeny dogs the toenail clippers and laying a finger on her paw. If my husband covers her eyes and scratches her belly I can trim every nail without a whimper.
One day when I heard the woman calling her dogs and knew they were far off I set a speaker on my deck and played the sound of several gun shots then a dog screaming. The woman was suddenly running up th eroad in her slippers screaming for her babies who were ironically running up behind her.
I've only seen the dogs out loose once since then in the last 6 months. Not a rela long term solution, but it rattled them.
Oh and I got the recording of the dog screaming by showing one of my major wheeny dogs the toenail clippers and laying a finger on her paw. If my husband covers her eyes and scratches her belly I can trim every nail without a whimper.
this may sound extreme, but I would get some tranquilizers and a lot of meat - when they show up feed them meat with the meds in it, then keep feeding them until they fall asleep
put the dogs in your car and drive them to a pound a county or two away
I love animals, but sometimes, if they're bad or the owners are bad, you have to do what you have to do to protect your own
then when they come looking for their dogs tell them they must be at home where they always keep them
put the dogs in your car and drive them to a pound a county or two away
I love animals, but sometimes, if they're bad or the owners are bad, you have to do what you have to do to protect your own
then when they come looking for their dogs tell them they must be at home where they always keep them
Quote:
You may end up overdosing them. Or they could wander away and become dazed and get hit by a car. If they showed up at the pound drugged, you could be charged with cruelty, or they might assume the dogs are ill and euthanize them.
There are no easy answers, at least not legal ones. If you shoot the dog, the stupid people just get another one. If you try talking to them about it, they are in denial and take no action. If you press charges and sue for damages, it's a long arduous ordeal but the stupid neighbor gets hit in the pocketbook and might learn a lesson. All future free roaming domesticated predators trespassing on my property will be dealt with as follows:
1. they will be shot if I or DH can get the gun before they run off
2. the Sheriff will be called and charges will be pressed. I will ensure that the owner at least gets ticketed for having a dog at large
3. if the dog killed or injured any of my animals before its demise, I will bill the dog owner. If they don't pay, I'll take them to court.
Around here SSS doesn't work because the idiots will just get another dog. My own version of SSS is Shoot, Sheriff, Sue.
You may end up overdosing them. Or they could wander away and become dazed and get hit by a car. If they showed up at the pound drugged, you could be charged with cruelty, or they might assume the dogs are ill and euthanize them.
There are no easy answers, at least not legal ones. If you shoot the dog, the stupid people just get another one. If you try talking to them about it, they are in denial and take no action. If you press charges and sue for damages, it's a long arduous ordeal but the stupid neighbor gets hit in the pocketbook and might learn a lesson. All future free roaming domesticated predators trespassing on my property will be dealt with as follows:
1. they will be shot if I or DH can get the gun before they run off
2. the Sheriff will be called and charges will be pressed. I will ensure that the owner at least gets ticketed for having a dog at large
3. if the dog killed or injured any of my animals before its demise, I will bill the dog owner. If they don't pay, I'll take them to court.
Around here SSS doesn't work because the idiots will just get another dog. My own version of SSS is Shoot, Sheriff, Sue.
- Sep 5, 2008
- 228
- 3
- 109
Oh my!! I just laughed so hard I started wheezing and coughing..my "Bo" (the spotted dog/his official name is Mac) came up to find out what was wrong with me
This reminds me of a few months ago..
There's a neighbor across the way that has a lot of dogs (I sometimes wonder -why- they have so many dogs..But I keep to myself)
One of their smaller dogs was loose and headed my way..I was out there with an aluminum pole that I use to poke the fire pit and I was gonna whack him if he came much closer..
The mom came running over to rescue the dog and told me her son had left his window open (this wasn't the first time I had seen this particular dog)
I explained that I was worried about my chickens and that I wasn't sure if their dog was a chicken killer..
Apparantly she explained to her son about me..
Cause I haven't seen that dog since
Quote:
This reminds me of a few months ago..
There's a neighbor across the way that has a lot of dogs (I sometimes wonder -why- they have so many dogs..But I keep to myself)
One of their smaller dogs was loose and headed my way..I was out there with an aluminum pole that I use to poke the fire pit and I was gonna whack him if he came much closer..
The mom came running over to rescue the dog and told me her son had left his window open (this wasn't the first time I had seen this particular dog)
I explained that I was worried about my chickens and that I wasn't sure if their dog was a chicken killer..
Apparantly she explained to her son about me..
Cause I haven't seen that dog since
Quote:
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