Law question (dog laws, self defense)
#1
Law question (dog laws, self defense)
our neighbors dog has attacked my brother dog, and got to close and threatin to momma, they wont keep him on a leash and he crosses over all the time,
they let him out once i start walkint he dogs
do i have a right, without getin in trouble to kill that dog if he attacks again?
i need to know the laws on that, i live just outside of town..dont know if laws carry over for havin to have a leash....or how any of that works...
i know i can do it if he goes after me or one of us, but what about the dogs (that are right beside me when i walk em) btw they have never went in his yard,....their dog is all the time comin in ours and hes crossed the line by goin after mom...and we have told them to keep him on a leash....they just let him back out...just as i get out
they let him out once i start walkint he dogs
do i have a right, without getin in trouble to kill that dog if he attacks again?
i need to know the laws on that, i live just outside of town..dont know if laws carry over for havin to have a leash....or how any of that works...
i know i can do it if he goes after me or one of us, but what about the dogs (that are right beside me when i walk em) btw they have never went in his yard,....their dog is all the time comin in ours and hes crossed the line by goin after mom...and we have told them to keep him on a leash....they just let him back out...just as i get out
#2
If the dog is attacking you, kill the dog.....If the dog is on your property attacking your pets, kill the dog.....If you are not to the above point, and your neighbor is letting the dog out on purpose to run wild---(is there a purposeful vendetta against you from the neighbor?.....letting the dogs out when you start to walk your dogs?......), the I would call the county animal control people on this guy (if it's a guy). They'll know the exact law for your specific county, city, or state, and they'll pick up their dogs if seen running around loose. Then the neighbor has the option of paying a fine to get them back, or ultimately having them destroyed......
All I know is if a loose, out-of-control ill-tempered animal is attacking one of MY pets...that is one dead animal......I'm positive that fits in with the universal common-law ethos of defending one's self or others or one's property from attack.....
All I know is if a loose, out-of-control ill-tempered animal is attacking one of MY pets...that is one dead animal......I'm positive that fits in with the universal common-law ethos of defending one's self or others or one's property from attack.....
#3
#4
http://www.animallaw.info/statutes/s...15.htm#s174_01
Available from our Bookstore:
"Federal Wildlife Laws"
Edited by Professor David Favre (2004)
Wisconsin
State Sovereignty, Jurisdiction and Divisions. Chapter 1. Sovereignty and Jurisdiction of the State. Public Lands, Waters and Natural Resources. Chapter 29. Wild Animals and Plants. Subchapter III. Hunting, Trapping and Fishing Approvals. Public Lands, Waters and Natural Resources. Chapter 29. Wild Animals and Plants. Subchapter XIII. Enforcement. Police Regulations. Chapter 169. Captive Wildlife. Police Regulations. Chapter 174. Dogs.
Statute Details
Printable Version
Citation: WI ST 1.10; 29.184; 29.921; 29.927; 29.971; 169.20 - 36; 173.01 - 40; 174.001 - 15
Citation: W. S. A. 1.10; 29.184; 29.921; 29.927; 29.971; 169.20 - 36; 173.01 - 40; 174.001 - 15
Summary: These Wisconsin statutes comprise the state's dog laws. Among the provisions include dog licensing provisions, hunting laws impacting dogs, and seizure of dogs by humane officers.
Chapter 174. Dogs.
•
Definitions, Damage by Dogs, & Dogs at Large
•
Claims for Damage Done by Dogs & Use of Dogs for
Police Regulations. Chapter 174. Dogs.
174.01. Restraining action against dogs
(1) Killing a dog. (a) Except as provided in par. (b), a person may intentionally kill a dog only if a person is threatened with serious bodily harm by the dog and:
1. Other restraining actions were tried and failed; or
2. Immediate action is necessary.
(b) A person may intentionally kill a dog if a domestic animal that is owned or in the custody of the person is threatened with serious bodily harm by the dog and the dog is on property owned or controlled by the person and:
1. Other restraining actions were tried and failed; or
2. Immediate action is necessary.
(2) Inapplicable to officers, veterinarians and persons killing their own dog. This section does not apply to an officer acting in the lawful performance of his or her duties under s. 29.931 (2) (b), 95.21, 173.23 (1m)(c), (3) or (4) or 174.02 (3) , or to a veterinarian killing a dog in a proper and humane manner or to a person killing his or her own dog in a proper and humane manner.
(3) Liability and penalties. A person who violates this section:
(a) Is liable to the owner of the dog for double damages resulting from the killing;
(b) Is subject to the penalties provided under s. 174.15; and
(c) May be subject to prosecution, depending on the circumstances of the case, under s. 951.02.
http://www.animallaw.info/statutes/s...tm#definitions
http://www.animallaw.info/statutes/s...174_001_15.htm
http://www.google.com/search?hl=en&s...+leash&spell=1
googled wisconsin laws on keeping dogs on a leash
Wisconsin Consolidated Dog Laws
Summary: These Wisconsin statutes comprise the state's dog laws. ... (a) Such dog is wearing a harness or a leash and special cape; and ...
http://www.animallaw.info/statutes/s...174_001_15.htm - 159k - Cached - Similar pages
will that hold it if a problem rises?
Available from our Bookstore:
"Federal Wildlife Laws"
Edited by Professor David Favre (2004)
Wisconsin
State Sovereignty, Jurisdiction and Divisions. Chapter 1. Sovereignty and Jurisdiction of the State. Public Lands, Waters and Natural Resources. Chapter 29. Wild Animals and Plants. Subchapter III. Hunting, Trapping and Fishing Approvals. Public Lands, Waters and Natural Resources. Chapter 29. Wild Animals and Plants. Subchapter XIII. Enforcement. Police Regulations. Chapter 169. Captive Wildlife. Police Regulations. Chapter 174. Dogs.
Statute Details
Printable Version
Citation: WI ST 1.10; 29.184; 29.921; 29.927; 29.971; 169.20 - 36; 173.01 - 40; 174.001 - 15
Citation: W. S. A. 1.10; 29.184; 29.921; 29.927; 29.971; 169.20 - 36; 173.01 - 40; 174.001 - 15
Summary: These Wisconsin statutes comprise the state's dog laws. Among the provisions include dog licensing provisions, hunting laws impacting dogs, and seizure of dogs by humane officers.
Chapter 174. Dogs.
•
Definitions, Damage by Dogs, & Dogs at Large
•
Claims for Damage Done by Dogs & Use of Dogs for
Police Regulations. Chapter 174. Dogs.
174.01. Restraining action against dogs
(1) Killing a dog. (a) Except as provided in par. (b), a person may intentionally kill a dog only if a person is threatened with serious bodily harm by the dog and:
1. Other restraining actions were tried and failed; or
2. Immediate action is necessary.
(b) A person may intentionally kill a dog if a domestic animal that is owned or in the custody of the person is threatened with serious bodily harm by the dog and the dog is on property owned or controlled by the person and:
1. Other restraining actions were tried and failed; or
2. Immediate action is necessary.
(2) Inapplicable to officers, veterinarians and persons killing their own dog. This section does not apply to an officer acting in the lawful performance of his or her duties under s. 29.931 (2) (b), 95.21, 173.23 (1m)(c), (3) or (4) or 174.02 (3) , or to a veterinarian killing a dog in a proper and humane manner or to a person killing his or her own dog in a proper and humane manner.
(3) Liability and penalties. A person who violates this section:
(a) Is liable to the owner of the dog for double damages resulting from the killing;
(b) Is subject to the penalties provided under s. 174.15; and
(c) May be subject to prosecution, depending on the circumstances of the case, under s. 951.02.
http://www.animallaw.info/statutes/s...tm#definitions
http://www.animallaw.info/statutes/s...174_001_15.htm
http://www.google.com/search?hl=en&s...+leash&spell=1
googled wisconsin laws on keeping dogs on a leash
Wisconsin Consolidated Dog Laws
Summary: These Wisconsin statutes comprise the state's dog laws. ... (a) Such dog is wearing a harness or a leash and special cape; and ...
http://www.animallaw.info/statutes/s...174_001_15.htm - 159k - Cached - Similar pages
will that hold it if a problem rises?
#6
You are covered under the law if it is attacking you, your family, or any of your animals. I went through this a few years ago on my farm. One of the neighbors dogs was chasing my cattle and I shot it. They tried to get me prosecuted and tried to sue me. I won on both counts.
However, your best bet is to get local law enforcement involved so there is a record of this happening, it will help to cover your back side in the future in the event that you have to kill the dog, and it might even avoid the possibility all together once the officer talks to the other party and informs them of the laws.
However, your best bet is to get local law enforcement involved so there is a record of this happening, it will help to cover your back side in the future in the event that you have to kill the dog, and it might even avoid the possibility all together once the officer talks to the other party and informs them of the laws.
#7
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#8
All I can say on the dog issue is this....Out towns and cities were made for people...Not dogs....I frankly do not understand the fascination with dogs in these last days.....They dominate society....driving a vehicle with a dog in one arm, a cell phone in the other....how scary....I didn't used to feel this way, but I am beginning to hate dogs.....The dang things bark all night and if you complain about it, then you are a sorry individual.....sorry, but I don't even like the squirrels in my back yard anymore...even they are destructive.........Just my two cents.....Nomadic
#9
#11
Originally Posted by Hillbillywagon
You are covered under the law if it is attacking you, your family, or any of your animals. I went through this a few years ago on my farm. One of the neighbors dogs was chasing my cattle and I shot it. They tried to get me prosecuted and tried to sue me. I won on both counts.
However, your best bet is to get local law enforcement involved so there is a record of this happening, it will help to cover your back side in the future in the event that you have to kill the dog, and it might even avoid the possibility all together once the officer talks to the other party and informs them of the laws.
However, your best bet is to get local law enforcement involved so there is a record of this happening, it will help to cover your back side in the future in the event that you have to kill the dog, and it might even avoid the possibility all together once the officer talks to the other party and informs them of the laws.
As far as the original question of this thread if dog ever attacked me by family or pets he would be dead without a thought. You have a right to protect yourself. All the dogs in my neighborhood are scared of me so unfornately I won't have that problem.. although that barking dog behind me is really testing my patience.
#13
Here's the deal where it might get screwy. It COULD be argued (though not by me, so calm down folks) that if you KNEW the other dog was a danger and you took your gun AND your dog out, knowing the other pooch would attack, and you shot it, some fancy pants lawyer could claim you were provoking the situation.
Hogwash, yes, but you know how things are these days. Call your local sherrif and be SURE you know what your rights are.
A local K-9 cop/trainer told me that a lit (duh) road flare would keep any dog at bay and also could be used to make a pit bull release; dogs are that scared of them. How about getting a camcorder and have one person film you leaving the house with your dog, and either you and another person carrying a road flare ready to ignite it if necessary, and film the neighbors dog coming on and attacking? Especially if you could catch them releasing the dog...maybe it'd be considered assault?
Hogwash, yes, but you know how things are these days. Call your local sherrif and be SURE you know what your rights are.
A local K-9 cop/trainer told me that a lit (duh) road flare would keep any dog at bay and also could be used to make a pit bull release; dogs are that scared of them. How about getting a camcorder and have one person film you leaving the house with your dog, and either you and another person carrying a road flare ready to ignite it if necessary, and film the neighbors dog coming on and attacking? Especially if you could catch them releasing the dog...maybe it'd be considered assault?
#15
Originally Posted by e1p1
Here's the deal where it might get screwy. It COULD be argued (though not by me, so calm down folks) that if you KNEW the other dog was a danger and you took your gun AND your dog out, knowing the other pooch would attack, and you shot it, some fancy pants lawyer could claim you were provoking the situation.
Hogwash, yes, but you know how things are these days. Call your local sherrif and be SURE you know what your rights are.
A local K-9 cop/trainer told me that a lit (duh) road flare would keep any dog at bay and also could be used to make a pit bull release; dogs are that scared of them. How about getting a camcorder and have one person film you leaving the house with your dog, and either you and another person carrying a road flare ready to ignite it if necessary, and film the neighbors dog coming on and attacking? Especially if you could catch them releasing the dog...maybe it'd be considered assault?
Hogwash, yes, but you know how things are these days. Call your local sherrif and be SURE you know what your rights are.
A local K-9 cop/trainer told me that a lit (duh) road flare would keep any dog at bay and also could be used to make a pit bull release; dogs are that scared of them. How about getting a camcorder and have one person film you leaving the house with your dog, and either you and another person carrying a road flare ready to ignite it if necessary, and film the neighbors dog coming on and attacking? Especially if you could catch them releasing the dog...maybe it'd be considered assault?
which i could get them neighbors on spyin, and tresspassin 3 times
and they have steped over the line, next thing they do im callin the cops on em because it aint right