Ok, Legal question about vicous dogs

[Wyldk2]

Thank you, all valid points.

I think i am just going to report the offenders to the Sherrif.

Thing is this happened a few years ago at my parents house in Tullahoma and dad still lives in the city limits. Mom tried taking the owners to court cause they killed her cat on her own property.Animal control was on our side. But since nobody actually saw the attack happen, the owners got off( i guess having friends in town helps). All i know is while dad is rebuilding his house he and when myself and my brother visit are staying at a rental right across the street from the offender dog( the dog is forever leashed up).

I'm just waiting for the day when that dog finally does something. Then the owner is held liable for it.

As for the pit bull( it gets off it's leash again and threatens me, I won't hesitate). I think a .40 cal hollow-point will do quite a bit of damage. Maybe two or three just to be safe.

[setsdw]

If it's not threatening but is intent on coming in to your yard try firecrackers. I keep a handful of M80's near every door and when my neighbors dogs wanders on over I just light one and toss it in his direction. Everytime i do that it's a month or more before I see him again. Scares the out of him.

Now if he ever bared his teeth to me there would be no hesitation. I'm a dog lover (see my avatar) but I manage to keep my dog contained 100% of the time when He's not on a leash walking with me. If you can't do the same yet choose to live close to other people you don't deserve a dog. If neighbor dog threatened me no question. If he threatened my wife when I wasn't there and she wasn't carrying the sheriff would be called and that dog would be gone. No if ands or buts.

[Jack]

I am the owner of 2 pitbulls,well they are mixed but the pit is definatly there.

Im not going to tell you how awsome and lovable my dogs are,someone already stated that its the owners fault.If my dogs were to growl or bark at somebody on my property,I do not mind, them making noise is my first line of defense.Now, if they were to actually attack somebody,it would be their last living day.

The exception being,that someone is doing me or my family harm

Dogs have always been protectors to humans and animals alike so dont hate them for for doing what they do.I see your a cat person so you may not understand:screwy:.

Use your best judgement.Dont kill the dog because it looks scary.

If it makes a move on you or someone else put em down.

[Krull]

I saw cops using fire extinguishers to repel dogs before.

[rentalguy1]

I agree there is no such thing as a bad dog.....only bad owner...(I think mr myaghi said something like that.

As the husband of a 10 year animal control officer, I can state with certainty that this statement is somewhat under-educated. There are bad dogs, but they just don't know they are being bad. They are just doing what dogs do; react with aggression when faced with a fearful situation. Some breeds are more prone to do this, and some dogs within these breeds are even more prone to do this.

As to the OP's question, the answer is yes, you are justified in shooting the dog if it poses a threat of serious bodily harm or death.

[Guest 270win]

I'll have to say that I have a very low threashold for a mean dog. I used to shoot dogs with CO2 pellet guns to keep them out of the trash when i lived in the country in AR....and those weren't mean ones. If a mean one is in my yard, it will be a dead dog and that's just too bad because the owner should have kept the dog penned up. Luckily, I live in a suburb outside Memphis where everyone keeps their dogs in fences.

I'd take a shotgun loaded with buckshot if I was going to shoot a pit bull. That should do the trick for you on your own property. I've seen deer shot with buckshot (legal in AR) and it makes a big crater in them. That pit will be very dead from buckshot.

Edited February 28, 2010 by 270win

[Krull]

As the husband of a 10 year animal control officer, I can state with certainty that this statement is somewhat under-educated. There are bad dogs, but they just don't know they are being bad. They are just doing what dogs do; react with aggression when faced with a fearful situation. Some breeds are more prone to do this, and some dogs within these breeds are even more prone to do this.

As to the OP's question, the answer is yes, you are justified in shooting the dog if it poses a threat of serious bodily harm or death.

There was a slight touch of making a joke in that statement. I assure you I am not undereducated on dogs mr dog catcher man.

[rentalguy1]

I'm not the dog catcher, and neither is the wife. The wife IS a animal control officer. A dog catcher does just that; catches dogs. He does not care what the outcome of the animal is, so long as it is no longer a nuisance to him. A animal control officer treats animals humanely, so that they may have another shot at life instead of dying slowly and painfully in a ditch after being struck by a car, starving to death because someone took them out in the country and turned them loose, or freezing to death while chained to a stake in the backyard because the owner doesn't believe in "inside" dogs. There should be a IQ test prior to letting anyone own a animal, and the stipulation that "ignorant rednecks need not apply," should be strictly enforced.

I could never do my wife's job. Not because I don't like animals, but instead because I would kick the crap out of the idiot owners on a daily basis...

[DaveTN]

I'm not the dog catcher, and neither is the wife. The wife IS a animal control officer. A dog catcher does just that; catches dogs. He does not care what the outcome of the animal is, so long as it is no longer a nuisance to him. A animal control officer treats animals humanely, so that they may have another shot at life instead of dying slowly and painfully in a ditch after being struck by a car, starving to death because someone took them out in the country and turned them loose, or freezing to death while chained to a stake in the backyard because the owner doesn't believe in "inside" dogs. There should be a IQ test prior to letting anyone own a animal, and the stipulation that "ignorant rednecks need not apply," should be strictly enforced.

I could never do my wife's job. Not because I don't like animals, but instead because I would kick the crap out of the idiot owners on a daily basis...

I agree with everything you say, and if it is true your wife delivers the animals to a “No Kill†shelter.

If she doesn’t, she is just a dog catcher and is part of a system that is barbaric.

[Krull]

I'm not the dog catcher, and neither is the wife. The wife IS a animal control officer. A dog catcher does just that; catches dogs. He does not care what the outcome of the animal is, so long as it is no longer a nuisance to him. A animal control officer treats animals humanely, so that they may have another shot at life instead of dying slowly and painfully in a ditch after being struck by a car, starving to death because someone took them out in the country and turned them loose, or freezing to death while chained to a stake in the backyard because the owner doesn't believe in "inside" dogs. There should be a IQ test prior to letting anyone own a animal, and the stipulation that "ignorant rednecks need not apply," should be strictly enforced.

I could never do my wife's job. Not because I don't like animals, but instead because I would kick the crap out of the idiot owners on a daily basis...

Once again making an I'll advised joke.....I know what a animal control officer is. I take dog food once a month to the shelter here in Sullivan county which does not euthanize. Now with that said " ignorent rednecks not apply" could be said for a lot of things including gun ownership.

We live in a free country country (at least so it is supposed to be) and a statement like this ( not that I disagree) goes against the foundation if the country. I think you should have to have a iq test to procreate but well....

[Punisher84]

I'm not the dog catcher, and neither is the wife. The wife IS a animal control officer. A dog catcher does just that; catches dogs. He does not care what the outcome of the animal is, so long as it is no longer a nuisance to him. A animal control officer treats animals humanely, so that they may have another shot at life instead of dying slowly and painfully in a ditch after being struck by a car, starving to death because someone took them out in the country and turned them loose, or freezing to death while chained to a stake in the backyard because the owner doesn't believe in "inside" dogs. There should be a IQ test prior to letting anyone own a animal, and the stipulation that "ignorant rednecks need not apply," should be strictly enforced.

I could never do my wife's job. Not because I don't like animals, but instead because I would kick the crap out of the idiot owners on a daily basis...

LOL...you need a picture...and maybe a hug.

[rentalguy1]

Maybe we could all use a

or maybe not....lol!

I would agree with a no kill shelter, if it did not mean that all of us have to pay for the poor actions of others. One female cat can produce tens of thousands of unwanted kittens in a year's time. Under the no kill theory, there is not a shelter large enough in the world to house all of the unwanted pets created by ignorant pet owners. So, if they have to die (and the wife's municipality does not have a no kill shelter), then it is much more humane for them to just go to sleep, rather than die by the methods I mentioned in my previous post. This line of thinking is the same one that gains us the cradle to the grave health care debate that is raging in Congress right now.

Spay/neuter is the answer to the problem, but unfortunately you can't get that through Billy Bob's head. Cities and counties up north have adopted spay/neuter laws. The results are that there is no longer enough animals in shelters there to be adopted. They have to retrieve animals from shelters in the south in order for families in those regions to have pets.

Now, if you want to own/run a no kill shelter out of your own pocket, I would applaud you. I would even donate to your cause. The problem with no kill shelters, though, is eventually they run out of their own money, and then they run out of everyone else's money, and then they fold up. Very few even survive the first few years of operation. It is definitely a noble cause, but just not a economically feasible one.

For anyone who wonders what irresponsible pet ownership looks like:

We've dealt with the worst of the worst of pet owners in three states in this household for over a decade, so please don't approach me with a holier than thou attitude about animals until you've dealt with it in the court system, and picking up the aftermath.

[Guest centurion]

Tennessee has a leash law and it applies in the county. I am an Animal Control Officer. As far as shooting a dog on your property, it must be on your property, and actively attacking you or your livestock or other such property including dogs and cats.

[Currently]

It has been my experience that pit bulls are people friendly but hate other dogs.

You can "make" a dog attack you ... are you willing to deal with the aftermath?

If you take a good look in the mirror and are you willing to admit that it is not a matter or ego, irrational fear or just being mean.

Dogs know when they are not on their "dirt". Unless the animal is rabid, there is no reason to shoot them "just" because they are on your property. There are plenty of other healthy and viable choices out there.

[Oh Shoot]

Tennessee has a leash law and it applies in the county. I am an Animal Control Officer. ...

Is it really state law or city/county by city/county?

I really couldn't find a state leash law, what's the code?

- OS

[Ghooge2008]

thread looks to be derailing....throw out some moth balls they supposedly repel animals with a sense of smell, dont make it want to come your way and if the neighbors are home...I wouldnt shoot it unless extremely necessary sounds awful but claw hammer, ball bat slap stick all would stop his advances, maybe you could get one of those new style stun guns they pop really really loud when activated and it might scare him off. If theyre not home and you had to stop the threat of bodily harm then put him down and give him a nice burial before they get home tell them some thugs in a caprice with big rims were riding around and you think they stole their dog probally for pitfighting.

[Fallguy]

Is it really state law or city/county by city/county?

I really couldn't find a state leash law, what's the code?

- OS

The law doesn't so much say they have to be on a leash as it says they can not run at large.

44-8-408 Dogs not allowed at large — Exception — Penalties.

(a) As used in this section, unless the context otherwise requires, “owner†means a person who, at the time of the offense, regularly harbors, keeps or exercises control over the dog, but does not include a person who, at the time of the offense, is temporarily harboring, keeping or exercising control over the dog.

( The owner of a dog commits an offense if that dog goes uncontrolled by the owner upon the premises of another without the consent of the owner of the premises or other person authorized to give consent, or goes uncontrolled by the owner upon a highway, public road, street or any other place open to the public generally.

© It is an exception to the application of this section that:

(1)

The dog was on a hunt or chase;

(2)

The dog was on the way to or from a hunt or chase;

(3)

The dog was guarding or driving stock or on the way to guard or drive stock;

(4)

The dog was being moved from one place to another by the owner of the dog;

(5)

The dog is a police or military dog, the injury occurred during the course of the dog's official duties and the person injured was a party to, a participant in or suspected of being a party to or participant in the act or conduct that prompted the police or military to utilize the services of the dog;

(6)

The violation of subsection (

occurred while the injured person was on the private property of the dog's owner with the intent to engage in unlawful activity while on the property;

(7)

The violation of subsection (

occurred while the dog was protecting the dog's owner or other innocent party from attack by the injured person or an animal owned by the injured person;

(8)

The violation of subsection (

occurred while the dog was securely confined in a kennel, crate or other enclosure; or

(9)

The violation of subsection (

occurred as a result of the injured person disturbing, harassing, assaulting or otherwise provoking the dog.

(d) The exception to the application of this section provided in subdivisions ©(1)-(4) shall not apply unless the owner in violation of subsection ( pays or tenders payment for all damages caused by the dog to the injured party within thirty (30) days of the damage being caused.

(e) It is not a defense to prosecution for a violation of subsection ( and punished pursuant to subdivision (g)(1), (g)(2) or (g)(3) that the dog owner exercised reasonable care in attempting to confine or control the dog.

(f) It is an affirmative defense to prosecution for a violation of subsection ( and punished pursuant to subdivision (g)(4) or (g)(5) that the dog owner exercised reasonable care in attempting to confine or control the dog.

(g) (1) A violation of this section is a Class C misdemeanor punishable by fine only.

(2)

A violation of this section is a Class B misdemeanor punishable by fine only if the dog running at large causes damage to the property of another.

(3)

A violation of this section is a Class A misdemeanor punishable by fine only if the dog running at large causes bodily injury, as defined by §

39-11-106

, to another.

(4)

A violation of this section is a Class E felony if the dog running at large causes serious bodily injury, as defined by §

39-11-106

, to another.

(5)

A violation of this section is a Class D felony if the dog running at large causes the death of another.

(h) Notwithstanding subsection (g), a violation of this section shall be punished as provided in subsection (i) if the violation involves;

(1)

A dog that was trained to fight, attack or kill or had been used to fight; or

(2)

The owner of the dog violating this section knew of the dangerous nature of the dog and, prior to the violation of this section, the dog had bitten one (1) or more people that resulted in serious bodily injury or death.

(i) A violation of this section, where one (1) or more of the factors set out in subsection (h) are present, shall be punished as follows:

(1)

A Class C misdemeanor if the dog running at large does not cause property damage, injury or death;

(2)

A Class A misdemeanor if the dog running at large causes damage to the property of another;

(3)

A Class E felony if the dog running at large causes bodily injury to another;

(4)

A Class D felony if the dog running at large causes serious bodily injury to another; and

(5)

A Class C felony if the dog running at large causes the death of another.

[dralarms]

It has been my experience that pit bulls are people friendly but hate other dogs.

You can "make" a dog attack you ... are you willing to deal with the aftermath?

If you take a good look in the mirror and are you willing to admit that it is not a matter or ego, irrational fear or just being mean.

Dogs know when they are not on their "dirt". Unless the animal is rabid, there is no reason to shoot them "just" because they are on your property. There are plenty of other healthy and viable choices out there.

I've had a couple of pits on MY property acting like they wanted me for dinner, your assessment is wrong in that aspect. And I do have 1 dog buried on the property that was attacking my cats on my property, actually was trying to tear the front bumper off a car to get under the car to get to the cat.

Bottom line, I have 2 granddaughters that come over and visit all the time and to protect them if a dog comes in my yard and acts aggressive in any way towards me or my family I'll toast them, if they are not aggressive then the bb gun should get their attention that I don't want to step in bug piles of crap in MY yard.

[Oh Shoot]

The law doesn't so much say they have to be on a leash as it says they can not run at large.

Thanks for the research. We sure have a lot of laws...

A dog doesn't have to be dangerous to humanoids to be a prob...

Years ago, had a crazy looking 25lb. miniature airedale/collie looking mutt, named her Cleo (for Cleopatra because she was so homely looking). Had raised her in town from a pup, she had survived distemper and getting hit by police car.

Anyway, moved out in the sticks, plenty of room, but nearest neighbor had pigs and chickens, and Cleo decided to be a chicken killer. Great guy my neighbor, but he warned something had to be done...tried everything, including tying the latest victim around her neck and locking her in pump house for a week. Didn't work, and one day she just disappeared.

It hurt, but I understood, never even mentioned it to him.

- OS

[Wyldk2]

I really wanted a hnest answer on my rights on my own property. Whether or not everyone agrees with it. I'm ok with dogs, i just wish the owners would keep up with them instead of just letting them roam free( if they lived out in the country on hundreds of acres of farmland, then fine, probably watching the livestock. As long as they remain on their property I have no problem.

I do however have a problem when they get off their property and come at someone else, just minding their own business. Any animal, I don't care how friendly it may be with the owners, can snap in a moment. No matter how long a person has raised animals or how much experience they have with one breed or another, can they actually tell that the animal will remain friendly or non-aggressive.

I have used my bb guns in the past, paintball guns work to an extent, but what if that dog still comes at you?

I don't care if everyone agrees or not, I will do what i think is best for myself and hopefully the community if it comes to it.

Now, don't get me wrong, I have nothing against dogs, ( i have family that have several, all different breeds).

I do however have something against the owners of dogs that are not responsible for their own animals.

And as for my cat, she was adopted from a no-kill animal shelter in Belvidere.

[DaveTN]

I don't care if everyone agrees or not, I will do what i think is best for myself and hopefully the community if it comes to it.

Don’t worry about the community; there are people paid to take care of that. All you can do is what you think is right to protect yourself and your family. If you shoot a neighbor’s dog (or anything else) in your yard with a gun there is a very good chance you will be arrested. But if that happens you will be able to go to court (on your dime) and make a case for yourself.

[Fallguy]

Don’t worry about the community; there are people paid to take care of that. All you can do is what you think is right to protect yourself and your family. If you shoot a neighbor’s dog (or anything else) in your yard with a gun there is a very good chance you will be arrested. But if that happens you will be able to go to court (on your dime) and make a case for yourself.

Maybe in Murfreesboro, but in the towns I've lived in I'm not sure if anyone would even call the law and if the did, the LEO would probably shoot the animal.

[Guest dlstewart01]

Don’t worry about the community; there are people paid to take care of that. All you can do is what you think is right to protect yourself and your family. If you shoot a neighbor’s dog (or anything else) in your yard with a gun there is a very good chance you will be arrested. But if that happens you will be able to go to court (on your dime) and make a case for yourself.

Why would you be arrested for exercising your rights under a state law. wouldn't the state law trump the city ordinance???

[R1100R]

I posted this a while back. My little girl was (3 yo) was screaming one day in the back yard. She was standing in the glider on her swing set. Their was a large black and brown mixed breed dog lunging back and forth at the Glider about four feet away barring its teeth. While trying to get it's attention. I gave it both barrels of #1 buck from a Lupara at about ten feet It rolled about three feet.

The owner came rolling up the street yelling. I told him to stay on the street. About 30 minutes later two sheriff cars rolled up. Found out what happened. The Sergeant stated to the owner there was a lease law (The whole State of TN) and I was in my rights. He then ask if I wanted to press charges for the owner not controlling his animal. I did not.

I got my four wheeler drug it to the ditch and dumped it. The owner was informed to remove it from my property. I don't know what happen to it. The owner and I never spoke again civil. He moved a while back.

I would do it again in a minute. There had been other complaints to the owner about his dog. There was other people that witness what was happening when she was screaming.

Needless to say in my neighborhood everyone has been keeping their dog restraint.

Edited March 1, 2010 by R1100R

[leroy]

Ok, now I am not a dog hater or anything, but do I have the right to shoot a dog on my property if that dog is threatening towards me? My neighbors 2 houses down from me have one of those "Pit-Bulls" and so far it has gotten into my yard and came near close to biting me. The owners keep it leashed up or penned up, but dogs do on occasion get loose. I live here in the county and since there is no leash law, people round here let their dogs go rampant.

Since then I carry my gun on me everytime i leave the house. Not that i am afraid for myself, but the dog could attack anyone.

I just want to make sure i have the right to defend myself on my own property.

Wyld:___________

Had one of these problems years ago when i was a young man (..a long time ago; over 40 years...didnt care what people thought, sick and tired of being "sick and tired", ect. ...). Shot a dog after talking to a life-long neighbor about keeping it up. Started a feud what went on for years.

Moral of this story: This aint a dog protection thing its a "neighbor thing"; especially if you live in a rural or small town area.

My advice: Talk to your neighbor and talk to him straight. Dont abuse him; simply tell him you are concerned about the dogs being dangerous to you and others. Ask him to make sure the kennel keeps them in.

You always have the right to defend yourself on your own property. That being said; where i come from, shooting a dog is right up there with shooting a person (...and i aint an animal rights advocate...). I noticed from your avatar you are from Fayetville. My guess is that people there hold dogs in high regard. It could be high enough to cause a serious reprisal for killing a dog that doesnt include the law. I aint trying to scare ya; im asking you to think deeply about what could happen.

Food for thought

Kind regards,

Leroy