Well, there’s more labs.
Our neighborhood was terrorized by a couple whippets when I was growing up. You could just forget about running away from them…
The point is to prove to the jury that the possibilty of serious physical harm, including bodily injury or even death, can result from this weapon, constituting the protection (and ultimite death) of the dog.
It would be a little hard to explain to a jury that a poodle needed shot and killed because you feared for your life.
That is just HOW I would approach this case. I would make sure the jury understood how this animal was a noted neighborhood nuisance, that it terrorized by presenting itself in a mennacing manor and that because of the type and history of the dog and the shooter fearing for his/her life, it presented a clear and present danger - making it perfectly legal for one to shoot in an attempt to protect ones self.
Listen, this is getting WAY TOO COMPLICATED. It’s much simpler than al this. If the dog is a threat and the owner is not attemting to control it. YOU HAVE THE RIGHT TO PROTECT YOURSELF.
Now,…another thing though,…a CIVAL SUIT!!! Uh Ohhhh!
Anyone can sue anyone for anything these days. I suggest if you kill the dog, you file a cival suit before they do. I can see either side of this being able to win.
pohjonen, if this situation arises and the cop is forced to put the dog down, it’d be a good idea for you to be there with the cop, maybe filming, so there’s no-bullshit evidence against the dog, to save the cop some potential legal hassle.
There’s some mighty crappy advice in this thread. DO NOT kill this dog unless it presents an immediate, credible danger to you. Emphasis on immediate.
Animal Control operates under a lot of legal limitations in many areas, and cannot seize someone’s property (i.e., their dog) based on a neighbor’s hearsay. For all animal control knows, you hate your neighbors and are using their big fluffy friendly dog as a pawn in a neighborhood dispute. Many AC departments are horribly underfunded, and cannot stake out your neighbor’s house to see if the dog is vicious. And they may be limited from seizing the dog unless it actually injures someone.
I think videotaping the dog is a great idea. Do it repeatedly, write a log of when the dog is off the owner’s property. Videotape the dog behaving aggressively – maybe you can drive past the house slowly with a video camera? You can even consider purchasing a fake hand from a costume shop, attaching it to a dowel and sticking it out the window toward the dog. If you tape the dog biting the fake hand, that might be some good evidence for AC.
Find out whether your jurisdiction has progressive fines – $25 for the first offense, $50 for the second offense, etc. Make sure AC enforces these fines.
Find out whether their file on this case is a matter of public record. If so, ask for the case file, in writing.
Check out this web site for details on Spokane County animal control laws. Specifically:
I think this means that it’s the owner’s responsibility to make sure a fence is sufficient; if your dog manages to get out of your razor-wire-topped, mine-field-surrounded, fifty-foot-high brick wall, it’s still your fault.
And:
Try to get this dog declared potentially dangerous or even dangerous – the passage above is ambiguous. Videotaped evidence is a great way to get this ball rolling. This means that they’ll need to provide appropriate conditions for the dog or lose it.
Above all, be courteous but persistent when dealing with animal control. Even the most competent AC department deals with frothing nutcases on a daily basis, and if you come across as a frothing nutcase to them, they’re less likely to take you seriously. Come to them with a great deal of knowledge about your local law, with a pile of evidence, and with an obvious desire and ability to pursue this case as high up as it needs to go (including contacting your county commissioners), tempered with a dose of respect and politeness, and you may find them acting on it.
Good luck!
Daniel
The neighbors sound like real asshats.
What you really should do is consult a lawyer. The lawyer will explain all the legal options as well as the consequences of any other actions.
Well I had to go to work and just now got back to my thread. I need to state that although I have been known to threaten to shoot the neighbor’s dog in the past, I would never actually do it. Ditto for poisoning or some of the other rash advice contained in this thread. (Although I did chase their Akita around my back yard with a two-by four after it attacked my cat). Right now we are just trying to document the behavior via camera, then once we have we’ll call animal control to see what they do. If that fails, I like the following advice best:
It’s just an ugly situation all the way around. What I still can’t understand is why they can’t just keep the damned dog in their BACK yard. Putzes.
Try this …
You say the dog chases your car out of the driveway, and the neighbors dont notice this? The next time this happens, stop your car, take a picture of the dog out of the car window and call the freakin neighbors from your cell phone and tell them to look out the damn window.
Then call the cops, they hate getting the same call over and over again about the same thing. Walk with the cops over to the neighbors house with the picture of the dog snapping at your car. With any luck the dog will approach the cop in a menacing manner. Discuss possible solutions with the cop and neighbor(including shooting the dog) if this doesnt solve the problem youll have to get creative and take matters into your own hands.
Maybe a BB gun would be more reasonable.
Its not pretty getting mauled by a large dog either.
Depending on the law where you are you may be able to notify your neibor that her dog has crossed the E fence and you feel at risk. If this were to happen again you will use deadly force to stop her dog if you feel threatened.
Bosda is giving some good advice- call the Police & complain.
BUT- IANAL- you should send the owners a certified letter, making your concerns & observances known. This stops the whole “he said- she said” thing- if the dog then bites someone you have proof you notified the owners the dog was dangerous.
Much of the other “advice” here is either specious, wrong or illegal. Although a video of the dog would nto be a bad thing.
The dog has chased his car and scared him. It hasn’t bitten anyone. It doesn’t deserve a painful death (along with the possible death of other animals in the neighborhood) because it’s owners won’t keep it in the fence. There are still legal recourses to try. I like the idea of being “trapped” in the car and calling the police. Makes me think of Cujo. 
I think what bothered me most was that the guy above said smiled when he said he poisoned the dog. I agree that sometimes dangerous dogs have to be put down. But, what kind of person and smile about poisoning a pet and causing a really nasty death?
Well, I agree that killing the dog without damn just cause is crappy advice, but I would like to be the Animal Control worker who hears you claim the dog is vicious, and then watches you back it up with a tape the dog biting a stick that you’re swinging around at it.
(Funny mental image, though. I can see Johnny Depp doiong this in Fear & Loathing in Las Vegas.)
Been in this situation. Get a can of pepper spary. ONe of the big cans that shoots a fairly long stream (they even make a fire extingisher type). Dog comes within 10 feet of you, hose it down with pepper spray. All ill effects wear off in a few minutes, and if he comes near you again, just move your hand like you have the pepper spray and are going to spray him. It works, its legal, it does no permenant harm to the dog, and its not very expensive(everyone should have a can of pepper spray around the house anyway.) thats why the mailmen carry the shit…they use it as bear repellant, it will handle a dog with no problem .
On re-read…I didnt mean to say that mailmen use it as bear repllant. I meant to say mailmen use it, and it is used by people as a bear repllant, many of whom have nothing to do with the postal service.
Heh. Actually, I suggest the stick with a fake hand on it because this is how many animal shelters perform behavior tests on dogs. You put the hand-on-a-stick into the dog’s kennel while it’s eating; you touch it on the head; you do other shenanigans with the hand. A nonaggressive adult dog won’t bite the hand.
Obviously, you don’t want to smack the dog with the hand; rather, you want to put it out your window toward the dog, stopping a good few inches from its muzzle. A nonaggressive dog will sniff at the hand; an aggressive one will take a chomp out of it. This shows that the animal is willing to harm something that looks like a person, without putting a person at actual risk.
Daniel
Maybe…some dogs are pretty stupid. My ex-wife’s parent’s has gotten hosed by skunks nice a good on several occasions. Stupid animal still goes after them.
Not a bad idea though. Even if the dog doesn’t learn it’s still a useful, non-lethal and legal (probably…double check your local laws) defensive measure.
(Also, if you think that getting nailed full-on by a skunk is easier to cope with than pepper spray think again. Maybe not as outright painful but still pretty incapacitating.)
Uhmm…I meant to say ‘My ex-wife’s parent’s dog’. The parents only got skunk on them handling the dog.
You realize part of your problem may be that it HAS gotten loose several times without inflicting any harm? If you shoot it fatally and THEY sue YOU or press criminal charges and you say it growled at you 20 times and growled at the other neighbors when it was loose, they could ask you why you felt you were in imminent danger of attack when the dog followed this same behavior repeatedly and never attacked? This dog’s pattern of behavior could be described as growling, but NOT biting or actually attacking. If it was the Akita that mauled the cat charging you could probably shoot it with less chance of repercussion (history of violence), or a dog that lunged and growled at a fence repeatedly that is loose the first time (hadn’t had opportunity to attack before).
That Presa Canario attack in SF was no fluke. Those people had their connections made about trained attack and fighting dogs made at their trial. If your neighbor has such links, they are in deep dog doo. If not, it won’t apply. And that dog was leashed at the time of attack.
Mister_me, I’d also like to see that 7 breeds list cited. And it would be real easy to have a vet testify in court that a BREED is not vicious, individuals are. And IIRC in NY the difference between a misdemeanor and felony is length of sentence. A misdemeanor can get a year in jail. Don’t count on a fine only.
Listen to ** Bosda**. Call the cops. Animal Control has failed. If nothing else, you then have a complaint on record. If the cop sees this behavior, and files a report, that could be invaluable if the dog ever DOES attack you, or you shoot it.
If you are truely evil you can do this.
Sue the neighbor.
His homeowners insurance will owe him the right of defence (in other words they have to pay for the lawyer to defend against your suit)
They will probably non renew the policy due to the dog being unrestrained. (insurance companies are very goosey about dog claims)
Neighbor will have a hell of a problem getting new H/O insurance after the non-renewal.