Any laws regarding use of force against animals on your property?

[jeremy]

indiana

IC 35-46-3-12
Torture or mutilation of a vertebrate animal; killing a domestic animal

 

[Mgderf]

Let me preface my remarks by saying I am a dog person. Three live in my house and it is their home as much as it is mine.

That said, the behaviour of the dog that you speak of is unacceptable.

I don't have a clue of the legalities today. I'm sure PETA or some other such tree-hugging organization would have you hanged for bthis today, BUT,
I carried newspapers* for a job when I was a kid. I had many dogs on my route. Some were very friendly. Others, not so much. My route started at 5:00am. It was still dark, and there was no-one around to help if a kid carrying papers got into trouble.

My dad gave me the solution. I armed myself, with a "less-than-lethal" weapon. I filled a squirt-gun full of ammonia. One by one, the trouble dogs on my route ceased to be a problem, for me anyway. One squirt of ammonia anywhere in the face of a dog will send it running for cover. If it gets in the eyes, it will cause temporary blindness, profuse watering, and extreme pain. It will also burn the mucus membrane on the inside of the nasal cavity.

It may sound cruel, but it IS less-than-lethal, and it IS effective. I never had to administer more than one shot per pest. None wanted a repeat.

*Newspaper was a bunch of folded paper that they used to print news on, back in the old days.

 

[TopDog]

Let me preface my remarks by saying I am a dog person. Three live in my house and it is their home as much as it is mine.

That said, the behaviour of the dog that you speak of is unacceptable.

I don't have a clue of the legalities today. I'm sure PETA or some other such tree-hugging organization would have you hanged for bthis today, BUT,
I carried newspapers* for a job when I was a kid. I had many dogs on my route. Some were very friendly. Others, not so much. My route started at 5:00am. It was still dark, and there was no-one around to help if a kid carrying papers got into trouble.

My dad gave me the solution. I armed myself, with a "less-than-lethal" weapon. I filled a squirt-gun full of ammonia. One by one, the trouble dogs on my route ceased to be a problem, for me anyway. One squirt of ammonia anywhere in the face of a dog will send it running for cover. If it gets in the eyes, it will cause temporary blindness, profuse watering, and extreme pain. It will also burn the mucus membrane on the inside of the nasal cavity.

It may sound cruel, but it IS less-than-lethal, and it IS effective. I never had to administer more than one shot per pest. None wanted a repeat.

*Newspaper was a bunch of folded paper that they used to print news on, back in the old days.

I dont know why we are all justifying what we say by prefacing our statements with "I am a dog person". If the act is ruled cruel then it doesn't matter if you are a dog person or not. Im sure that is how it would be looked at in a court room situation.

I have sprayed many stray dogs with pepper spray. Pepper spray is designed to be a less than lethal means of defense. I would caution anyone to consider pepper spray rather than ammonia. I could see potential of leagal recourse from a owner that had a dog sprayed with something other than a substance designed to be less that lethal (pepper spray for example as designed for the purpose) and something that could be considered cruel. Just my but pepper spray does not cost that much and would seem to me to be a much safer (from a legal aspect) means of defense than ammonia.

Looking forward to seeing any hard evidence of how to determine if a substance would be considered cruel or not.

 

[ItIsWhatItIs]

I had this problem with the neighbor's 60 lb mutt. several instances of attack, off leash wandering the neighborhood, messes in my yard.animal control and pd would not do anything even after repeated calls, and photo proof. Actually solved the problem by going out into my own front yard with my 150 lb Rottie, on a leash with a collar, and just letting them fight. The mutt attacked, my brute fought back, and the neighbor dragged their whimpering, bleeding dog back home. and then they received a bill for bloodwork to my dog. didn't see that dog anymore after that. problem solved.

 

[MickeyBlueEyes]

invertebrate animals

indiana

IC 35-46-3-12
Torture or mutilation of a vertebrate animal; killing a domestic animal
Sec. 12. (a) This section does not apply to a person who euthanizes an injured, a sick, a homeless, or an unwanted domestic animal if:


--------------------------------------------------------------------------------
(1) the person is employed by a humane society, an animal control agency, or a governmental entity operating an animal shelter or other animal impounding facility; and
(2) the person euthanizes the domestic animal in accordance with guidelines adopted by the humane society, animal control agency, or governmental entity operating the animal shelter or other animal impounding facility.
(b) A person who knowingly or intentionally beats a vertebrate animal commits cruelty to an animal, a Class A misdemeanor. However, the offense is a Class D felony if:
(1) the person has a previous, unrelated conviction under this section; or
(2) the person committed the offense with the intent to threaten, intimidate, coerce, harass, or terrorize a family or household member.
(c) A person who knowingly or intentionally tortures or mutilates a vertebrate animal commits torturing or mutilating a vertebrate animal, a Class D felony.
(d) As used in this subsection, "domestic animal" means an animal that is not wild. The term is limited to:
(1) cattle, calves, horses, mules, swine, sheep, goats, dogs, cats, poultry, ostriches, rhea, and emus; and
(2) an animal of the bovine, equine, ovine, caprine, porcine, canine, feline, camelid, cervidae, or bison species.
A person who knowingly or intentionally kills a domestic animal without the consent of the owner of the domestic animal commits killing a domestic animal, a Class D felony.
(e) It is a defense to a prosecution under this section that the accused person:
(1) reasonably believes the conduct was necessary to:
(A) prevent injury to the accused person or another person;
(B) protect the property of the accused person from destruction or substantial damage; or
(C) prevent a seriously injured vertebrate animal from prolonged suffering; or
(2) engaged in a reasonable and recognized act of training, handling, or disciplining the vertebrate animal.
(f) When a court imposes a sentence or enters a dispositional decree under this section, the court:
(1) shall consider requiring:
(A) a person convicted of an offense under this section; or
(B) a child adjudicated a delinquent child for committing an act that would be a crime under this section if committed by an adult;
to receive psychological, behavioral, or other counseling as a part of the sentence or dispositional decree; and
(2) may order an individual described in subdivision (1) to receive psychological, behavioral, or other counseling as a part of the sentence or dispositional decree.
As added by P.L.193-1987, SEC.15. Amended by P.L.41-1998,
SEC.2; P.L.132-2002, SEC.1; P.L.7-2007, SEC.1; P.L.171-2007, SEC.10; P.L.111-2009, SEC.14

Dont' forget, it's reasonable to protect yourself...others, personal property and a seriously injured animal.

 

[tdosha]

Here in the county where I live, Warrick, there is an ordinance on the books that states you may shoot any animal on your property. Trouble arises if you live within Town or City boundaries that have non-discharge of firearms ordinances. We are fairly rural and folks generally have a "take care of it myself" attitude.

TO

 

[Fedempl]

I had a problem with a raccoon last week and of course DNR was a waste of time no answer. So I called the Sheriff here in Hancock county and was told that the raccoon is considered a nuisnace animal and do what's necessary, so I said shoot it, the operator said if you have too.

But, if you live in the city limits be careful, most have laws against discharging a firearm within the city limits. In these case, buy a BB or Pelet gun, unless it s a dog or cat. These animals at times have more rights than humans, even if they are attacking.

 

[paddling_man]

When I lived in Tennessee, all dogs were to be kept under the control of the owner. The exception were "dogs on the hunt."

You could probably shoot the dog without reservation or legal concern once it is on your property.

I might go this route: Grab yourself a can of bear spray. It makes pepper spray seem like Polo cologne in comparison. Then talk to the neighbor.

"Yanno that dang ol' muddy dog ya don't want in your house? Well, it keeps jumping up on the old lady and kids getting their clothes muddy. She is PISSED. She called the law and they said to just shoot the mutt. Heck, man. I don't wanna shoot your old dog. I tell ya what I'm gonna do. I bought some of that spray. I'll train him for ya ta not run into my yard and get the kids and wife muddy. I tell ya what, though... ya might not want to go wallering around with him if he smells spicy though. It's liable to sting up yore eyes like you been rubbing them peppers in them."

Dog will stop coming over. The owner has a chance to do something while detailing in his little brain the exact consequences of said behavior. You also don't start a hillbilly war that results in her house getting torched while they're away.

 

[TopDog]

When I lived in Tennessee, all dogs were to be kept under the control of the owner. The exception were "dogs on the hunt."

You could probably shoot the dog without reservation or legal concern once it is on your property.

I might go this route: Grab yourself a can of bear spray. It makes pepper spray seem like Polo cologne in comparison. Then talk to the neighbor.

"Yanno that dang ol' muddy dog ya don't want in your house? Well, it keeps jumping up on the old lady and kids getting their clothes muddy. She is PISSED. She called the law and they said to just shoot the mutt. Heck, man. I don't wanna shoot your old dog. I tell ya what I'm gonna do. I bought some of that spray. I'll train him for ya ta not run into my yard and get the kids and wife muddy. I tell ya what, though... ya might not want to go wallering around with him if he smells spicy though. It's liable to sting up yore eyes like you been rubbing them peppers in them."

Dog will stop coming over. The owner has a chance to do something while detailing in his little brain the exact consequences of said behavior. You also don't start a hillbilly war that results in her house getting torched while they're away.

Excellent solution.

 

[speakerman]

Back when I was 18 I shot the offending dog, it cost me $800. I think for future refrence, hamburger on a paper plate, and a cement block on a tree limb will cost me about $792 less.

 

[TopDog]

Back when I was 18 I shot the offending dog, it cost me $800. I think for future refrence, hamburger on a paper plate, and a cement block on a tree limb will cost me about $792 less.

So for you the go to answer is always kill?

 

[Double T]

Put up a fence? Request they get an outdoor kennel? Photograph/film the dog and take it to the sherriff? I would not pepper spray a husky. Perhaps if they keeprefusing to kennel, put up a fence and take the neighbor to court for making it a necessity?

I have family that just put down a husky for gnawing a nasty spot in her arm...sad thing is that the dog was trying to alert that their other dog was in the aural stage of a siezure.

Try preventing an attack rather than just reacting to one. Some huskies ar great, others not so much. My SIL surving husky jumps up on me and my children and I am constantly having to discipline THEIR dog. If the damn thing ever attacks my child it will be shot on the spot. I couldn't go in their house when she was attacked before animal control took the dog...it was horrible.

Anyways, the best defense is a good offense. Tell them to get something to restrain the dog.

 

[xdmstu]

My wife runs the Humane Society of Indianapolis. I posed the situation to her and the jist of her response is that animal control issues are the jurisdiction of city/counties and not State or Federal (outside of felony fighting), and vary greatly. The sister did the right things calling the local animal control offices. The unfortunate truth is that her locality may not have many, or any, ordinance to handle it. Based on your story saying she called and they weren't much help, it doesn't sound like there are too many rules in her area regarding dogs (i.e., leash laws, wandering dogs, etc.)

If there is not control ordinance that provides protection before it bites, she needs to get in touch with her city-country council and get working on one.

For more Marion County details she recommends reading City Ordinance, Section 531 - Animals located at: Municode

In particular she pointed to Section 531-102: Animals at large, and Section 531-204: Animals causing nuisance

She does not recommend using pepper spray or other chemicals as you run a greater risk of the dog biting, even if by accident, while it is in pain or disoriented.

Fences. Ask the neighbor to build a run. Air horn to scare it out of the yard.

As others mentioned, maybe it is young and simply needs some training. A firm command and reward and it may start listening to her more than its "owner."

 

[Bondhead88]

Have a water hose and by the back door and spray the dog. Every time it comes near, don't wait for it to jump. As soon as it come on the property spray it right away.

 

[TopDog]

She does not recommend using pepper spray or other chemicals as you run a greater risk of the dog biting, even if by accident, while it is in pain or disoriented.

I'm sure there is always the potential that the dog would still be able to attack. But my personal experience is they run like hell, start scratching at their eyes and rubbing their heads on the grass all while moving away from the point of being hit by pepper spray. Just my and experience.

 

[ryknoll3]

Put up a fence? Request they get an outdoor kennel? Photograph/film the dog and take it to the sherriff? I would not pepper spray a husky. Perhaps if they keeprefusing to kennel, put up a fence and take the neighbor to court for making it a necessity?

I have family that just put down a husky for gnawing a nasty spot in her arm...sad thing is that the dog was trying to alert that their other dog was in the aural stage of a siezure.

Try preventing an attack rather than just reacting to one. Some huskies ar great, others not so much. My SIL surving husky jumps up on me and my children and I am constantly having to discipline THEIR dog. If the damn thing ever attacks my child it will be shot on the spot. I couldn't go in their house when she was attacked before animal control took the dog...it was horrible.

Anyways, the best defense is a good offense. Tell them to get something to restrain the dog.

I love this. The neighbor lets its dog run loose and your recommendation is for the OP to erect a fence? At his/her own expense? That's crazy. Also, if they won't restrain the dog on their property with a simple leash, do you really think they're going to purchase an outdoor kennel?

I think the OP's exhausted most of his reasonable resources. Talked to the neighbor, no go. Talked to animal control, no help. I think it's time he protects his family and property. Bear spray sounds like a good first option to me.

 

[canav844]

indiana

IC 35-46-3-12
(e) It is a defense to a prosecution under this section that the accused person:
(1) reasonably believes the conduct was necessary to:
(A) prevent injury to the accused person or another person;
(B) protect the property of the accused person from destruction or substantial damage; or
(C) prevent a seriously injured vertebrate animal from prolonged suffering; or
(2) engaged in a reasonable and recognized act of training, handling, or disciplining the vertebrate animal.

IANAL but it would seem to me that taking action to prevent serious injury from a loose, stray or neighbors dog is allowed, but you may very well have to show up in court and prove it. Applied to the OPs scenario repeating itself in IN, this would be a dog quite possibly larger than the children that is untrained, unfenced (physical electrical or otherwise) and by the sounds of things larger than the kids. That's a dangerous mix if it becomes violent with people

 

[JettaKnight]

Call Wade Blasingame.

Hulu - Saturday Night Live: Wade Blasingame

 

[jeremy]

So for you the go to answer is always kill?

Generally, yes Shooting the offending animal is my answer. Not my first answer though, I usually attempt to talk to the owner of said animal and explain if it is found in my yard again I will shoot it.

 

[Double T]

I love this. The neighbor lets its dog run loose and your recommendation is for the OP to erect a fence? At his/her own expense? That's crazy. Also, if they won't restrain the dog on their property with a simple leash, do you really think they're going to purchase an outdoor kennel?

I think the OP's exhausted most of his reasonable resources. Talked to the neighbor, no go. Talked to animal control, no help. I think it's time he protects his family and property. Bear spray sounds like a good first option to me.

Yes. If you don't want something to come onto your property erect a privacy fence.

If it's THAT big of an issue, what's a grand compared to the potential for maming a child's face and irreparable damage?

You've obviously never met a mauling victim.