Originally posted by Ryan81
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Dog killing my chickens.
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§ 822.013. Dogs or Coyotes That Attack Animals
(a) A dog or coyote that is attacking, is about to attack, or has recently attacked livestock, domestic animals, or fowls may be killed by:
(1) any person witnessing the attack; or
(2) the attacked animal's owner or a person acting on behalf of the owner if the owner or person has knowledge of the attack.
(b) A person who kills a dog or coyote as provided by this section is not liable for damages to the owner, keeper, or person in control of the dog or coyote.
(c) A person who discovers on the person's property a dog or coyote known or suspected of having killed livestock, domestic animals, or fowls may detain or impound the dog or coyote and return it to its owner or deliver the dog or coyote to the local animal control authority. The owner of the dog or coyote is liable for all costs incurred in the capture and care of the dog or coyote and all damage done by the dog or coyote.
(d) The owner, keeper, or person in control of a dog or coyote that is known to have attacked livestock, domestic animals, or fowls shall control the dog or coyote in a manner approved by the local animal control authority.
(e) A person is not required to acquire a hunting license under Section 42.002, Parks and Wildlife Code, to kill a dog or coyote under this section.
CREDIT(S)
Added by Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Renumbered from V.T.C.A., Health & Safety Code § 822.033 and amended by Acts 2003, 78th Leg., ch. 1002, § 1, eff. Sept. 1, 2003
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Originally posted by TX_Hoghunter View PostI have already posted to shoot the dogs but I am amazed by all of the people that post oh its a pet don't shoot a pet.......If the owners cared about the dogs they would keep them at home, plain and simple. For all of you people that are perfectly fine with someone elses property ( i.e. dogs ) destroying someone elses property ( i.e. chickens ) what if I load up a trailer load of cows and let them start grazing in your manicured yard?...maybe let them crap in your swimming pools some........Or God forbid maybe lick the paint off of your lifted 3/4 ton 4x4 truck with a 42 inch light bar on the roof..........
-john
Well is guess they enjoyed their freedom cause 2 days later they were gone again. I patched the spot they dug out of and 6 more spots in the fence that looked like they could get out of if they wanted to bad enough. Next day my lil dog was gone again. This time when I found him he was greeted with pretty good arse whoopin, patched the new hole and the fence has been holding them since then. Just cause a dog gets out doesn't mean the owner doesn't care about their dog or that the owner is neglecting his or her responsibility.
So by your rationality it would be ok if I started shooting your cows cause they are eating my grass and licking my truck
If someone was to shoot my dog cause it was killing their chickens I would take it like a man, but I can promise you its going to hurt my family ALOT, and imo not worth it over a chicken or 50 chickens for that matter.
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Originally posted by JackRyan View PostI'm really surprised by the number of "kill the dogs" replies. I just had this happen to last week. My neighbor's dogs broke through our fence and killed both of our chickens during the night. Was I upset? Of course I was. One of the chickens was my daughters and she was distraught. Would I shoot the dogs? No I would not. These are his pets and I've my own share of trouble keeping our little dog inside of our fence. I had a talk with my neighbor and told him what happened. He was apologetic and offered to replace the chickens. I told him that we need to do whatever needs to be done to keep his dogs in his yard and he agreed. Whether legal or not it would take a lot for me to come to shooting a dog. If one was attacking me or my family I wouldn't hesitate but otherwise I'm not going to be shooting someone else's dog.
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Originally posted by Ryan81 View PostIf it were my dog, I would want you to come talk to me like a man instead of just killing my dog. I would make it right and pay for the damages/replace the livestock.
Just my 2 cents.
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You've talked to them and tried to get them to understand the situation, I would shoot the dogs, if the owners don't take matters into their hands when they are presented with the problem it's your time to do it. If they get mad they have no leg to stand on because they were warned in advance of what would happen
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Originally posted by Backwoods101 View PostYou've never had your dogs get out? My daughter left the gate open a couple of weeks ago and both my dogs roamed the neighborhood for a couple of hours (That's the first time they have gotten out of my 5 acre yard in at least 2 years, last time was when the gate was left open as well)
Well is guess they enjoyed their freedom cause 2 days later they were gone again. I patched the spot they dug out of and 6 more spots in the fence that looked like they could get out of if they wanted to bad enough. Next day my lil dog was gone again. This time when I found him he was greeted with pretty good arse whoopin, patched the new hole and the fence has been holding them since then. Just cause a dog gets out doesn't mean the owner doesn't care about their dog or that the owner is neglecting his or her responsibility.
So by your rationality it would be ok if I started shooting your cows cause they are eating my grass and licking my truck
If someone was to shoot my dog cause it was killing their chickens I would take it like a man, but I can promise you its going to hurt my family ALOT, and imo not worth it over a chicken or 50 chickens for that matter.
-john
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Originally posted by kruppa24 View PostThese dogs are not in a fence and never have been. I have talked to the neighbor, and they are apologetic, but they have never offered to pay for a chicken and still let there dogs run loose.
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Originally posted by flyby View Posthmmm......Not sure Health and Safety Code trumps Penal Code, but does give a different perspective.
I'm not saying it trumps it, but in my opinion it would work in conjunction with the penal code and for a defense to prosecution.
Over the years I have had my share of incidents with stray dogs and pet dogs killing livestock and poultry.
In Parker county from what I understand we have a county wide leash law which applies also to incidents when and if they happen, I have had the sheriffs Dept return the collars of dogs that have attacked and killed livestock and poultry to their owners along with a verbal notice that I will be seeking restitution for damages in small claims court. Whether or not they took the collars back to the owners or not I don't know, for all I know they just tossed them in the trash.
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Those of us familiar with these statutes also are familiar with should vs shall and may vs must.
Hsc says may, not must.
They dont lightly consider these words when riding statutes. They are worded very specifically for a reason.
This will be my last comment on the issue, for the umpteenth time, justified and legal are two seperate, very much different words.
Legal = go home
Justified(able) = possibly explain to judge/jury why you chose the course you did.
In todays social media driven world dont be too surprised if you find a DA willing to prosecute for headlines especially something as “gossipy” as a neighbor feud over shooting dogs.
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Originally posted by spro View PostI guess I'm just a softy and the minority on this one. IMHO, loosing a $5 chicken or two is not a good reason to kill a family dog unless all other measures to protect your chickens have been taken. Talk to the neighbors first and see if they are willing to put up an electric fence and or other measures to keep the dog from the chickens. Dogs will be dogs. You may have the right to shoot the dog but you and the dog owner also have to live with that decision. Having a good relationship with your neighbor would me more important to me.
Not sure how we have gotten to the point people look down on others protecting their property they paid hard earned money for and the irresponsible people cauaing the issues are given a pass.
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