My Dog Shoot Thing Decided in Court Today

[Gunpowder]

If the neighbors dog is at my house and even looks at me cross eyed he'll be lucky if he gets to go home. Let alone make it to the Vet. If its yours keep it chained, tied or penned. It doesn't belong at my house and I shouldn't be asked to deal with your problem child.

1. If a dog is destroying your livestock-Fair game
2. If fido is in your yard and attacks you-"usually" fair game

3. But: if fido is in your yard and not attacking it is illegal to shoot/kill it if you know the owner. (Case in Lakeville)
4. Kill a hunting dog... you will pay for the dog, maybe even get hunter harassment charges against you, etc. In the case of the police officer who shot the local coon hounds cause they were "keeping him up" he also lost his career job!

Note last sentence: DNR investigating prized coon dog kill

 

[Paco Bedejo]

My neighbors have an ugly ass boston terrier that barks at my 4 year old, Im just waiting for the day it comes in my yard barking at her. There wont be a vet bill, just a mess to clean up in my front yard.

Yeah, I'd watch that Boston closely because one which barks frequently is likely not well trained. Our 30lb Boston only barks when he sees a squirrel while he's inside or when someone makes a noise on one of the windows or outside walls/doors...and then he only barks once or twice...and I had to train him to do that much so he could act as a weak watchdog.

Of course, I've worked with him enough (dumb breed that he is) that he knows 'sit', 'stay', 'roll over', 'stand', 'up', 'down', 'bite', 'let go', 'drop it', 'go get it' & can identify his toys by name (ball, red, rings, and bone). I'm well aware that, being of bulldog descent, his jaws will lock if he bites down. Because of this, I do regular "bite....let go" drills with him & any time he gets a piece of arm or hand while playing, he's scolded, in order to discourage him ever biting anyone.

A Boston which is permitted to bark frequently at neighbor kids is probably pretty dangerous to small children.

 

[Ryno]

A friend of mine worked for a pest control company. Was robbed at the drive through at knife point by 2 people. The company forbid carrying weapons on the job. After that he did anyway. One day while checking termite bait traps at a rental house, the occupant let his pitbull out and sicked the dog on him. Luckily he heard all this from the side of the house and had time to pull his Keltec .32 and as the dog lunged at him fired 3 rounds into the dogs face. Luckily one hit it on the back of the throat, hit its spine and killed the dog. Went home to his family unharmed, but unemployed. He was ok with that.

 

[singlestacksig]

1. If a dog is destroying your livestock-Fair game
2. If fido is in your yard and attacks you-"usually" fair game

3. But: if fido is in your yard and not attacking it is illegal to shoot/kill it if you know the owner. (Case in Lakeville)
4. Kill a hunting dog... you will pay for the dog, maybe even get hunter harassment charges against you, etc. In the case of the police officer who shot the local coon hounds cause they were "keeping him up" he also lost his career job!

Note last sentence: DNR investigating prized coon dog kill

this happened last month, any follow up info?
The law allows one to kill a dog to protect property from damage.. does wildlife on your land count as property for this?

 

[Indy317]

IC 35-41-3-2 needs to have a vicious animal section!

I agree. When it comes to animals, there are some laws that may have applied here, that might have changed the judges opinion.

IC 35-46-3-5 (Animal cruelty law)
Sec. 5. (a) Except as provided in subsections (b) through (c), this chapter does not apply to the following:
10) Destruction of a vertebrate animal that is:
(A) endangering, harassing, or threatening livestock or a domestic animal; or
(B) destroying or damaging a person's property.

IC 35-46-3-12 (Animal cruelty law)
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

IC 15-5-7
Chapter 7. Livestock.Killing Dogs

IC 15-5-7-2 Authority to kill dog in act of killing or injuring livestock
Sec. 2. Anyone may, with the consent of the person in possession of real estate on which a dog is found, kill the dog if he has observed the dog in the act of killing or injuring livestock.


IC 15-17-2-47
"Livestock"
Sec. 47. (a) "Livestock", except as provided in subsection (b), means domestic animals, except the following:
(1) Aquatic animals.
(2) Fish.
(3) Dogs.
(4) Cats.
(5) Poultry and other birds; however, the term includes ratites that are domestic animals under section 26 of this chapter.
(b) "Livestock", for purposes of IC 15-17-5, means the following, whether live or dead:
(1) Cattle.
(2) Sheep.
(3) Swine.
(4) Goats.
(5) Bison.
(6) Farm raised cervidae.
(7) Ratitae.
(8) Horses, mules, or other equines.

*Note: There used to be another definition of livestock in the IC, though I can't find it now.

IC 15-20-1-2 "Owner"
Sec. 2. As used in this chapter, "owner" means the owner of a dog. The term includes a person who possesses, keeps, or harbors a dog.

IC 15-20-1-4
(c) This subsection does not apply to a nonaggressive dog that goes beyond the owner's premises onto agricultural or forested land. An owner of a dog commits a Class D infraction if the owner of the dog allows the dog to stray beyond the owner's premises, unless the dog is under the reasonable control of an individual or the dog is engaged in lawful hunting and accompanied by the owner or a custodian of the dog. However, the offense is a Class C infraction if the owner has a prior unrelated judgment for a violation of this subsection.

 

[Indy317]

3. But: if fido is in your yard and not attacking it is illegal to shoot/kill it if you know the owner.

State law was amended not to long ago. You don't even have to know the owner. If a "domesticated" dog comes upon your property and is doing nothing wrong, you can't just shoot the dog. Obviously if you go to chase the dog off, and it starts attacking you, then the situation has changed.

The law allows one to kill a dog to protect property from damage.. does wildlife on your land count as property for this?

Maybe.

IC 14-22-1-1 Wild animals property of the people;
Sec. 1. (a) All wild animals, except those that are:
(1) legally owned or being held in captivity under a license or permit as required by this article; or
(2) otherwise excepted in this article;
are the property of the people of Indiana.

I guess you could claim them as your property, if you are a person of Indiana. I would like to know what happened as well. Sounds to me like the guy(s) with the dogs should be charged as well. It sounds like the property owner may have shot the dog, but who knows. If the property owner had given permission, I doubt he/she would have shot the dogs.

 

[snowman46919]

Obviously if you go to chase the dog off, and it starts attacking you, then the situation has changed.

New to the forum but to take you literally chasing any animal would send it into defensive if not an aggressive stance. I would try to scare it or shoo it off by other means than chasing a naturally predatory animal.

 

[Walter Zoomie]

I am aware of all the laws y'all have posted up. In fact, the detective and prosecutor looked at...

IC 35-46-3-12 (Animal cruelty law)
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

...and determined that they wouldn't file criminal charges against me. (This info I received verbally and in person from the detective.)

Later, I asked the detective why there were no fines or charges filed against the dog owner and/or my neighbor.

His reply?

"My job is to maintain the peace. The prosecutor and I believed they had been punished enough already by having their dog shot."

Apparently, civil matters are another story entirely...and an actual judge gets to decide "punishment."