Legal?

[bigg cheese]

to OP:

If a dog is not currently being aggressive, don't bother doing anything other than calling animal control or "shooing" it off your property.

By and large, it's the owner's fault for stray dogs. The dog is just being a dog.

If it's threatening you and you have no means of dealing with it in a non-lethal manner, then by all means.

Sad thing is, some people are more likely to shoot people than animals. I might be in that bunch. People have motive -- animals are just animals.

 

[Fargo]

You could happen to have a hamburger smothered in rat poison laying around in your yard.
If the dog comes on your property and eats it then he shouldn't have been there in the first place.

You might want to read the animal cruelty statute before you consider poison. It is expressly addressed and legally treated as "torture". See IC 35-46-3-.5 and 35-46-3-12.

Joe

 

[redsuperduty]

You might want to read the animal cruelty statute before you consider poison. It is expressly addressed and legally treated as "torture". See IC 35-46-3-.5 and 35-46-3-12.

Joe

I didn't say anything about poisoning a dog.
I just said you could have a hamburger lying around smothered in rat poison on your own property.
I did not say to take it next door and feed it to the critter!

Maybe I should have used purple, but anyways.....
you missed this part of IC 35-46-3-12
Torture or mutilation of a vertebrate animal; killing a domestic animal
(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

 

[pathfinder317]

I don't understand what the question is ??
if the dogs are now contained in a fence , problem should be solved right ?should they dig out and attack you or a family member you have to protect your family , don't worry about accounting for rounds until you have to reload you magazine.

 

[trnsplntfrmohio]

just roll up a piece of raw meat and put a ton of laxatives in it, when it gets back to it's home, it will all over the place and the owners will probably kill it.

 

[SedahDrol]

A nice cold bowl of anti-freeze will quench that dogs thirst.

My thoughts exactly. but make sure it's regular and not that environmentally safe stuff. And if you don't want a lot of collateral damage be sure to keep an eye on it. Most animals like killaid.

 

[tv1217]

Step 1: Buy Sharkmail tuxedo
Step 2: Go for a walk when dog is loose
Step 3: ...
Step 4: Profit

 

[trnsplntfrmohio]

what the hell is a sharkmail tuxedo, i google'd and it only leads back to this thread.

 

[j706]

Might I suggest a 911 call each and every time you see this K9 is running at large. Two reasons.
1) Your local police officers will soon get tired of dealing with it. They will also understand that your calls are not average hyped up and grossly exaggerated calls that are so frequent. Don't laugh,a large percent of calls are not legitimate calls.

2) In the event you have to put the K9 down you have a record of complaints/calls. A huge help in case a overzealous prosecutor decides to run with charges. You never know when that might happen.

Man arrested for shooting dog » Local News » Hendricks County Flyer, Avon, IN

Not to sure on all the details but the above speaks for its self.

 

[Eddie]

Dunno. I'm a dog lover and usually the animals behavior is more related to the owner than the breed of dog. It suck to see a dog get shot or poisoned because they weren't raised right. Of course if he attacks you or your family, that's a different story.

If you want to do something premtive and you are worried about getting charged with animal cruelty then a live trap is probably your cheaper alternative than defending yourself in court. Trap the dog and turn him in to animal control, let your neighbor pay a couple of fines and he'll likely take care of the problem himself. Then sell the trap on ebay.

 

[Hornett]

I too live by the 3 S's.
If you call animal control all the time and complain to the neighbor all the time and file police reports, you are the first suspect when the dog goes missing.
If the dog just 'disappears' no one has a clue.
I do live out in the country on 9 acres though.

There was an incident about 10 years ago when a Rottweiler came on to my property. I yelled at him and tried to chase him off but he just sat there, not intimidated. So I introduced him to my Browning high power and put a shot in the ground throwing dirt into his face. This convinced him that I was serious and he ran off. Every time he slowed down I would put a shot into the ground behind him and he hustled off my property.
Then, less than a week later that same Rottweiler and another dog came back and killed a calf that we had been keeping. We called the neighbor and he had to pay for the calf. There was a big stink over him putting the dog down and the police eventually forced him to (I think).
It would have been better for all if I had just shot that dog when he first showed up.
I have a LOT of the neighbors dogs (4 or 5 different dogs) on my property and have never felt the need to euthanize one before or since this dog. I just knew he was a problem. I could tell. I think most of us can tell.

 

[ddenny5]

I do believe that you have the right to self defense even if it is a dog that may be endangering life. I would have no trouble shooting a dog if I believe I be seriously injured. We had some neighbors (I do live in the country) that let their dogs loose and they would bark and show teeth while I walked by. They would come up close to me showing teeth even getting in the road. I did spray them with some pepper spray. Now they leave me alone when I go for a walk.

 

[Fargo]

I didn't say anything about poisoning a dog.
I just said you could have a hamburger lying around smothered in rat poison on your own property.
I did not say to take it next door and feed it to the critter!

Maybe I should have used purple, but anyways.....
you missed this part of IC 35-46-3-12
Torture or mutilation of a vertebrate animal; killing a domestic animal
(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

That you would be poisoning them on your own property is legally irrelevant, unless at the time you poison it it is in the process of threatening you or destroying a substantial amount of your property. As to the defenses you mention, none of them applies to leaving poison out for any wandering dog that comes by to consume.

Any action to poison a dog or cat in Indiana opens you up to some sticky legal problems, that is the only point I am making.

Joe

 

[redsuperduty]

That you would be poisoning them on your own property is legally irrelevant, unless at the time you poison it it is in the process of threatening you or destroying a substantial amount of your property. As to the defenses you mention, none of them applies to leaving poison out for any wandering dog that comes by to consume.

Any action to poison a dog or cat in Indiana opens you up to some sticky legal problems, that is the only point I am making.

Joe

Let me clarify even further for you.....
I am not going to call the dog onto my property and feed it to him, I will not drag him behind my house and stuff it down his throat. I am not poisoning the dog, it would have to come where it shouldn't be and eat something it shouldn't eat. Why a bad hamburger is on my lawn is my business, keep your dog under control. If the dog wandered into my body shop and drank a gallon of clearcoat it would be the same deal - not my fault. As for the IC code, it does not specifically say poison, it pertains to '' torture or mutilation of a vertbrate animal; killing a domestic animal''
Maybe torture and mutilation would be best?? LOL.......
I think everyone else understands my post was hypethetical, I won't be poisoning the local dogs.
However, if you can't get the owner or LE to help and you can't shoot it my suggestion could be an option.

 

[IndyMonkey]

Let me clarify even further for you.....
I am not going to call the dog onto my property and feed it to him, I will not drag him behind my house and stuff it down his throat. I am not poisoning the dog, it would have to come where it shouldn't be and eat something it shouldn't eat. Why a bad hamburger is on my lawn is my business, keep your dog under control. If the dog wandered into my body shop and drank a gallon of clearcoat it would be the same deal - not my fault. As for the IC code, it does not specifically say poison, it pertains to '' torture or mutilation of a vertbrate animal; killing a domestic animal''
Maybe torture and mutilation would be best?? LOL.......
I think everyone else understands my post was hypethetical, I won't be poisoning the local dogs.
However, if you can't get the owner or LE to help and you can't shoot it my suggestion could be an option.

Fargo makes a living dealing with the laws, he is giving you the inside scoop on how the courts would view what you are stating that you would do.

 

[redsuperduty]

Fargo makes a living dealing with the laws, he is giving you the inside scoop on how the courts would view what you are stating that you would do.

Never said thats what I would do, it was a HYPETHETICAL suggestion.
He's right, I'm wrong.
Have a good night all.

 

[Rookie]

Might I suggest a 911 call each and every time you see this K9 is running at large. Two reasons.

We had a neighbor who had two very unfriendly rotts. Every other day they would get loose and terrorize the neighborhood. Fortunately for them, they lived at the other end of the neighborhood so they never bothered me. Anyway, cops kept getting called, showing up, etc. They even bean-bagged one of the rotts. I guess the cops got sick of getting called because the last time they got called one of the rotts happened to jump under the police car while it was still moving.

The other rott was obviously a follower because it never left the yard.

Of course the best story about the rotts was the time when the back yard flooded and the rott was tied to a tree. No real danger, but the hot neighbor chick decided to save his life and dove in. Forgot to mention the fact that she only had on white bra and panties...

 

[Fargo]

Never said thats what I would do, it was a HYPETHETICAL suggestion.
He's right, I'm wrong.
Have a good night all.

I understood it to be hypothetical, I just wanted to make sure that anyone considering doing this could end up with some unpleasant legal consequences.

Indymonkey is absolutely correct, I just try to let people know if they post about doing things that could get them in trouble.

Best,

Joe