Author Topic: Legal ramifications of killing the neighbor's dog - any?  (Read 809 times)

Offline gofaster

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Legal ramifications of killing the neighbor's dog - any?
« on: October 07, 2002, 10:22:38 AM »
Friday night I'm laying in bed and I hear the sound of two dogs barking ferociously.  I don't hear any whimpering so I figure they must be barking through a fence at each other.  I wake up at 7am Saturday morning and go to a volleyball tournament.  I park my prized 1998 Toyota 4runner, get out to shake the hand of a teammate, turn to get my gear out of the back, and I see mud, paw prints, and deep gouges all along the passenger side of the 4runner.  Apparently a cat had been sitting on top of the roof and a pair of loose dogs had been trying to get to it.  I go nuts, but its 8am on a Saturday so what can I do about it?  I play in the tourney and only win 2 games, so I pack my stuff and go home extremely irritated.  On the way back, I call my wife and tell her about the damage and she remarks that she had seen a black dog running along the side of our house, so we know at least 1 of the culprits.

By the time I get home, she's found the owner and goes to talk to him while I snap evidence photos. That's when I notice the dogs scratched all 4 doors, the hatch, and the right front and rear quarter panels.  I'm tired, hungry, dirty, sweaty, and generally pissed off so I let her do the talking.  The guy apologizes and agrees to pay for the damage.  Seems he works nights and puts the dogs in the back yard, but they've learned how to get out.  Sure enough, Saturday night he leaves and they get loose again.  We call him and he tries to get another neighbor to put them in, but the neighbor is gone so he asks us to do it.  I grab a bat and a flashligh. One way or another, this problem is getting fixed.  I manage to get the Australian shepherd to go in the house, but the other dog, a black short-haired retriever, stays 20 yards away from me, ducking and running in the shadows.  I give up and leave him to fend for himself.

Sunday morning he's terrorizing people on their way to church, out exercising, jogging or walking down the street, kids riding bikes, getting out of cars, and whatnot.  I go outside and get the black dog to go in the house, but by the 2nd half of the Bucs game he's loose again.  Our other neighbor knocks on our door because her kids were outside playing and the dog was barking at them.  When I go outside the dog goes back to his house, either because he saw me or because the owner called him back. I'm not sure which.

That dog is on my short list.

I've done the "Call Animal Control" dance once before after my wife was bitten by a pair of dogs that had jumped a fence and gone after us on a walk.  The owner got off without a fine, even though we introduced our photos of her wounds and the Animal Control Officer gave his testimony.  Seems the officer had identified and quarantined the wrong dog.  She's still traumatized by the incident and refuses to walk down the street alone.  I'm thinking at this point a better solution would be club the animal and bury him in my back yard and feign ignorance when the owner comes looking. "Oh, your dog got out again?  Sorry, haven't seen it."

Thoughts?

Offline Leslie

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Legal ramifications of killing the neighbor's dog - any?
« Reply #1 on: October 07, 2002, 10:38:44 AM »
Call the Police and let them handle it.

Les

Offline Dingbat

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Legal ramifications of killing the neighbor's dog - any?
« Reply #2 on: October 07, 2002, 10:45:07 AM »
a 22 from the bedroom should do the trick.  I shot my nieghbors dog one time because it was viciously attacking my other (different)neighbors dog and mine.  My dog had stitches to prove it.  I called my dog off and shot thiers.  A got a fine for discarging a weapon in public and got off at court when I explained the circumstances.  The neighbors had two young kids out and I "feared for their safety"

Offline Mickey1992

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Legal ramifications of killing the neighbor's dog - any?
« Reply #3 on: October 07, 2002, 11:08:38 AM »
It seems to me that Florida has some pretty strict laws regarding dangerous dogs.  If you can get it classified as "dangerous", the owner pretty much can't walk it without prior approval.

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0767/titl0767.htm

Offline Mickey1992

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Legal ramifications of killing the neighbor's dog - any?
« Reply #4 on: October 07, 2002, 11:14:29 AM »
If you ever catch it attacking a "domestic animal", shoot it.  It's odd that the below statute doesn't include humans.  I guess that is covered in a self-defense statute.

767.03  Good defense for killing dog.--In any action for damages or of a criminal prosecution against any person for killing or injuring a dog, satisfactory proof that said dog had been or was killing any animal included in the definitions of "domestic animal" and "livestock" as provided by s. 585.01 shall constitute a good defense to either of such actions.

Offline GtoRA2

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Be carefull.
« Reply #5 on: October 07, 2002, 11:25:38 AM »
If the dog is a menace deal with it, but consider this, you have to live with the jerk off owner and if he thinks you did it, well.... you may have a problem.

You do not want to wake up with sugar in your tank or slashed tires.

The paranoia about this can be a squeak trust me. I had some punk rip off stuff out of my jeep while his kids watched. I saw him out by the jeep, but was not sure what he was doing so I decided to give him the benefit of the doubt. well I checked when he left and he stole a bunch of stuff from inside.

He came back a few weeks later and I slashed his tires. (he drives an old clapped out cougar like an 84 with 40 series tires on it and no plates. Cops say it has not been registered in 5 years and the old owner has warrants on him) Now when he comes back I get all paranoids he is going to mess with my jeep again.

Do you have a home owners association? if so complain to them.........my aunts neighbors complained about her dog barking and the home owners association made her have the dogs voice box removed..... This sucked by the way since the dog only barked  during the day and the jerk complainer worked nights.... but if you can use rules like that for your purposes go for it..... its better then taking the law into your own hands.

The laws can say one thing, but if you get a prettythanghole DA who wants to make a point it could cause you big problems.
« Last Edit: October 07, 2002, 11:27:59 AM by GtoRA2 »

Offline Pfunk

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Legal ramifications of killing the neighbor's dog - any?
« Reply #6 on: October 07, 2002, 11:41:26 AM »
Shoot the owner not the dog.   It is his handsomehunk fault for not being able to properly take care of his dogs.  Killing a Dog for simply being a dog is simply assinine. If the dogs are not vicious or have shown any tendencies toward that, they are just a nuisance, and not a hazard to you or others around, so killing them just because their owner is negligent is a crime. Or better yet, just take the damn dogs bring them to the local adoption center and let them find a new home for them. I was kidding about the killing the owner part, but you get the idea.

Offline GtoRA2

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Pfunk
« Reply #7 on: October 07, 2002, 11:49:06 AM »
I agree it sucks the dog pays the price for the owner being a Dick.......

Some people should not have dogs, kids, or cars.

Offline gofaster

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Legal ramifications of killing the neighbor's dog - any?
« Reply #8 on: October 07, 2002, 12:52:07 PM »
Got the estimate on repairing the 4runner.  $600, 3 days in the shop, but can't get to it until next week.  :mad:

Offline Holden McGroin

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Legal ramifications of killing the neighbor's dog - any?
« Reply #9 on: October 07, 2002, 01:39:59 PM »
Just let a 'gator loose in your neighbors yard...  catchin' the 'gator is the tricky part.  ;)

edit> come to think of it lettin' em go might be trickeyer.  How do you spell tricker trickeyer... aw to hell with it.
« Last Edit: October 07, 2002, 01:42:09 PM by Holden McGroin »
Holden McGroin LLC makes every effort to provide accurate and complete information. Since humor, irony, and keen insight may be foreign to some readers, no warranty, expressed or implied is offered. Re-writing this disclaimer cost me big bucks at the lawyer’s office!

Offline Ripsnort

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Legal ramifications of killing the neighbor's dog - any?
« Reply #10 on: October 07, 2002, 01:59:29 PM »
Quote
Originally posted by gofaster
Got the estimate on repairing the 4runner.  $600, 3 days in the shop, but can't get to it until next week.  :mad:


What exactly are they going to do? Fill in the scratches and buff it out? Strip it and re-shoot it?  I'd definately make sure they do the latter, and not the former.

Offline capt. apathy

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Legal ramifications of killing the neighbor's dog - any?
« Reply #11 on: October 07, 2002, 01:59:47 PM »
you could take the owner to court for the repair bill. but good luck try'n to prove it was his dog. plus when you say you heard 2 dogs and his was only one of them (and you didn't acually see it happen) I imagine they could make it hard for you to win.

as far as killing a nusance dog (or dangerous) it depends on where you live.  when I lived in missouri if you seen a dog out chasing domestic animals, or if it was off it's own property and not leashed, you just shot it and if you knew who the owner was call him to come pick up the body.

but here in Oregon you can do time in prison for killing a dog.

but if the dog chases people and you seen it loose and went outside to 'change a tire' or whatever and happened to have a tire iron in your hand.  odds are you could get away with deffending yourself in just about any state.

Offline gofaster

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Legal ramifications of killing the neighbor's dog - any?
« Reply #12 on: October 07, 2002, 02:37:19 PM »
Quote
Originally posted by Ripsnort


What exactly are they going to do? Fill in the scratches and buff it out? Strip it and re-shoot it?  I'd definately make sure they do the latter, and not the former.


They're gonna buff the surface stuff on a couple of panels, then sand and respray the panels where streaks overlapped and left a trench.  The shop doing the work is run by one of my other neighbors, so if things don't go my way I may just have to Walk Tall down the street. :mad:

Offline Reschke

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Legal ramifications of killing the neighbor's dog - any?
« Reply #13 on: October 07, 2002, 02:38:29 PM »
Get some rat shot for a .22 and go to work on that dog the next time it gets out. Or you could always do what happened to me and a few friends. We were "trespassing" according to the property owner and got our butts stung with a 20 gauge loaded with rock salt in the shells. Needless to say I did not go near that property until his daughter was old enough to date then I got him back. :D Only if he would have found out before I left for college I would not be sitting here typing this today. :) Anything that might happen to the dog(s) is justified if it continues to happen.
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Offline Ripsnort

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Legal ramifications of killing the neighbor's dog - any?
« Reply #14 on: October 07, 2002, 02:40:34 PM »
LOL Reschke!  "You got my butt, but I got your daughters butt!"
Thanking the Dear Lord I had two boys. :D