Have you seen my dog??

[mwhit]

Well, yesterday a dog was after my chickens and it managed to get two of my hens before I shot it. This morning when I was waiting at the end of the driveway for the school bus with the kids a young lady stops her car and says "Have you seen my dog?" I asked her what kind of dog it was and she said it was a husky.

After thinking about it for a minute I realized this was the same young lady that was walking her dog about a month ago (maybe a bit more) and the dog got away from her and killed my Dominique rooster. I was nice about it because she was crying and seemed to feel bad. I've since found out that this dog is (was) a habitual animal killer. The last place she lived the dog killed a bunch of livestock on several different occassions, including some goats and sheep. She was ticketed, she had to pay for the losses and the dog was classified as a dangerous animal.

Now, here is the best part. She does not live around here. She lives about 6 miles away, but brings her dog here to walk it?? She starts at her uncles house and she goes a few miles to the lake. Why on earth would you take a dog you can not control (it gets away from her) to an area that has livestock to walk it??

I told her that I shot it. She started crying and then she started yelling that she was going to have me arrested?? I said "Good luck with that" The law is very plain here:

If any dog shall, without justification, attack a companion animal, farm animal or domestic animal, or shall behave in a manner which a reasonable person would believe poses a serious and unjustified imminent threat of serious physical injury or death to a companion animal, farm animal or domestic animal, where such animal is in any place where it may lawfully be, the owner or caretaker of such animal, or any other person witnessing the attack, may destroy such dog, and no liability in damages or otherwise shall be incurred on account of such destruction.

http://www.agmkt.state.ny.us/AI/AGM_ART_7.html

I know I should have just played dumb and said "No, I haven't seen it" but she needs to know there are consequences to irresponsibility. Maybe she will control her next pet. I have no sympathy for someone who continually lets their dog kill other people's animals.

Michelle

[wy_white_wolf]

You should have also made her out a bill for the 2 hens.

[marvella]

this is where the last "S" in SSS comes in. plead ignorance. it's better in the long run. won't you hate having the hassle if she does haul you into court?

it was a dog that needed killing.

[Silvercreek Farmer]

If any dog shall, without justification, attack a companion animal, farm animal or domestic animal, or shall behave in a manner which a reasonable person would believe poses a serious and unjustified imminent threat of serious physical injury or death to a companion animal, farm animal or domestic animal, where such animal is in any place where it may lawfully be, the owner or caretaker of such animal, or any other person witnessing the attack, may destroy such dog, and no liability in damages or otherwise shall be incurred on account of such destruction.

It doesn't get any clearer than that...

Many people around here lose goats to dogs, I plan on putting up high tensile electric fence, hopefully that will do the trick.

[frogmammy]

I don't know. I think that because she told the irresponsible person that the dog was killed this MAY help prevent the person from getting dogs in the future and putting them in such situations.

If the person didn't know the dog had died, or why, it would be well within expectations that she would just get another dog that would do the same thing. I think that michell 1. may have saved at least one farm animal from a FUTURE dog owned by this person, and 2. taught the person that sometimes the wrong person (dog) pays for someone's sloath.

Mon

[Silvercreek Farmer]

Originally Posted by wy_white_wolf

You should have also made her out a bill for the 2 hens.

I agree, bill her for all three...

[mwhit]

Originally Posted by marvella

this is where the last "S" in SSS comes in. plead ignorance. it's better in the long run. won't you hate having the hassle if she does haul you into court?

it was a dog that needed killing.

She can't haul me into court-- I have photos of the dead hens, I called the local dog control officer yesterday and told him yesterday after I shot it. I can not be held liable for damages.

Hopefully she has learned a valuable lesson.

Michelle

[edcopp]

What dog?

[mwhit]

Originally Posted by wy_white_wolf

You should have also made her out a bill for the 2 hens.

I'd have to take her to small claims court which isn't worth it over 2 hens. If it were 10 hens I would, but all I could get out of her would be $30. I think it costs $10 or $15 to file the paperwork.

Strangely, our county has to pay for any losses due to dogs??

Check this out:

Indemnification for dog damage. 1. Each county shall be liable for damage done within the county by dogs to domestic animals, including such veterinary fees and costs as may arise from such damage or injury. Indemnification therefor shall be made in the manner provided by this section. Such indemnification shall not exceed the actual damage. In no event shall indemnification exceed:

(a) eight hundred dollars for each animal, in the case of horses or cattle;

(b) fifteen dollars for each domesticated fowl, duck, goose, swan, turkey, pheasant or other bird which is raised in confinement under license from the state department of environmental conservation before release from captivity, and confined domestic hare or rabbit;

(c) one hundred dollars for any other domestic animal as defined in this article;

(d) twelve hundred dollars for each animal, in the case of registered purebred dairy and beef cattle or of purebred dairy and beef cattle eligible for registration and less than one year of age;

(e) two hundred fifty dollars for each animal, in the case of each registered purebred sheep, goat or swine, or of purebred sheep, goat or swine eligible for registration and less than one year of age;

(f) three hundred fifty dollars for each fallow deer, red deer, sika deer, whitetail deer which is raised under license from the department of environmental conservation or each llama.

2. No indemnification shall be paid for fowl of the varieties commonly used for cock fights.

3. The name of the owner of the dog causing the damage, if known, shall be reported to the financial officer of the county and such owner shall be liable to the county in reimbursement for any amounts paid by the county for such indemnification, in an action to be brought in the name of the county by the financial officer of the county or the county dog control officer in a court of competent jurisdiction.

4. The owner of a domestic animal injured or killed as a result of being attacked, chased or worried by any dog shall, immediately upon the discovery of such injury or death, notify the nearest assessor of the city or town where the damage was done of the fact of such injury or death, and that the owner claims indemnity therefor and requires that the damage be determined. The assessor or any other individual designated in writing by the governing body of the city or town shall immediately inquire into the matter and shall examine the animal injured or killed and, if he deems it necessary, shall examine witnesses in relation thereto. If the assessor or designated individual is satisfied that the injuring or killing of the animal was caused by a dog, and that the owner of the animal had taken reasonable precautions to prevent the damage done, the assessor or designated individual shall determine the amount of the damage apparent at the time and make a report of the amount of damages. Provided, however, that if the amount of damage is determined by the assessor or designated individual to be more than four hundred dollars, the assessor or designated individual shall immediately give notice of the claim to all the other assessors or designated individuals, if any, of the city or town, or a majority of them, who shall, within three days, inquire into the matter and make a report in the manner provided above. The report shall be promptly filed with the financial officer of the county and the commissioner, and a copy provided to the claimant.

<snip> a few other paragraphs


The amount of the damage determined as hereinbefore provided shall be paid by the financial officer of the county to the claimant, upon presentation of the aforesaid certificate, from the funds received by such officer pursuant to section one hundred eleven of this article, and if such funds shall be insufficient therefor, then from such other funds as shall be raised by the county governing body, in the manner that funds are raised to pay other county charges.

I never knew this until yesterday.

Michelle

[mwhit]

Originally Posted by edcopp

What dog?

I did consider that briefly, then I thought she needed to be aware of the consequences of her negligence. I do feel sorry for the dog, but not her.

Michelle

[Aintlifegrand]

Originally Posted by mwhit

Well, yesterday a dog was after my chickens and it managed to get two of my hens before I shot it. This morning when I was waiting at the end of the driveway for the school bus with the kids a young lady stops her car and says "Have you seen my dog?" I asked her what kind of dog it was and she said it was a husky.

After thinking about it for a minute I realized this was the same young lady that was walking her dog about a month ago (maybe a bit more) and the dog got away from her and killed my Dominique rooster. I was nice about it because she was crying and seemed to feel bad. I've since found out that this dog is (was) a habitual animal killer. The last place she lived the dog killed a bunch of livestock on several different occassions, including some goats and sheep. She was ticketed, she had to pay for the losses and the dog was classified as a dangerous animal.

Now, here is the best part. She does not live around here. She lives about 6 miles away, but brings her dog here to walk it?? She starts at her uncles house and she goes a few miles to the lake. Why on earth would you take a dog you can not control (it gets away from her) to an area that has livestock to walk it??

I told her that I shot it. She started crying and then she started yelling that she was going to have me arrested?? I said "Good luck with that" The law is very plain here:


http://www.agmkt.state.ny.us/AI/AGM_ART_7.html

I know I should have just played dumb and said "No, I haven't seen it" but she needs to know there are consequences to irresponsibility. Maybe she will control her next pet. I have no sympathy for someone who continually lets their dog kill other people's animals.

Michelle

You did the right thing...she needed to know so also she wouldn't continue to look...

[fantasymaker]

Originally Posted by mwhit

She can't haul me into court-- I have photos of the dead hens, I called the local dog control officer yesterday and told him yesterday after I shot it. I can not be held liable for damages.

Hopefully she has learned a valuable lesson.

Michelle

LOL OH She CAN haul you into court, you can drag almost anyone in over almost anything .Its just that it would seem like the odds of winning are on your side, but if she hires OJ's lawyers.......

Me I'da gone into hysterics right there in front of her ....

OH may lord it was AWFUL! BLOOD everywhere ! My friends DIEING ! I THOUGHT I WAS NEXT ! BIG BREAKDOWN Right there in front of her! Let her feel some of the AWFUL thing SHE HAD CAUSED!

[Rocky Fields]

Hey.

Your wrong... photos of dead hens don't prove the dog did it. You have to have photos of the dog in killing action or witnesses.

RF

[mwhit]

Originally Posted by Rocky Fields

Hey.

Your wrong... photos of dead hens don't prove the dog did it. You have to have photos of the dog in killing action or witnesses.

RF

Doesn't matter. The dog warden said to take pictures of the hens, so I did. I think that's so you can't try to get damages for 30 chickens when you only lost 2.

Michelle

[Use Less]

Even though the law is on your side, she could still try a civil suit. Luckily enough, folks who are that irresponsible don't typically have the skills or moxie to do it/think of it. Our neighbor's (former) dog got our chickens twice. We restrained him and called the county catcher. We're on the far west and the pound is on the eastern edge of a VERY wide county, so they had to drive 45mins. to get him, and pay a sizeable fee to the county service. Then the town sent a woman to document the loss. Luckily enough for us, the chickens were some Araucaunas, a couple Silver Spangles, an Old English rooster,etc. The county took as the value the cost plus shipping for a like number of breeding-age specialty chickens from McMurray. We got that $$ off our property taxes, and they had to pay that, too. The second summer he did it, the dog didn't come back here. We think maybe a brother took him to his place far off, not sure. Sue

[mwhit]

Originally Posted by fantasymaker

LOL OH She CAN haul you into court, you can drag almost anyone in over almost anything .Its just that it would seem like the odds of winning are on your side, but if she hires OJ's lawyers.......

Me I'da gone into hysterics right there in front of her ....

OH may lord it was AWFUL! BLOOD everywhere ! My friends DIEING ! I THOUGHT I WAS NEXT ! BIG BREAKDOWN Right there in front of her! Let her feel some of the AWFUL thing SHE HAD CAUSED!

She was hysterical enough for both of us. I'm sure she can try to haul me into court, but she will not get anything. NY law is quite clear on this. She can't say I didn't do everything possible to protect them as you can in some states. My birds were on my property where they lawfully belong. It really can't be any more clear.

Michelle

[Silvercreek Farmer]

Ahhh... nothing brings the forum together like a good preditor killin'!

[mwhit]

Originally Posted by Use Less

Even though the law is on your side, she could still try a civil suit. Luckily enough, folks who are that irresponsible don't typically have the skills or moxie to do it/think of it. Our neighbor's (former) dog got our chickens twice. We restrained him and called the county catcher. We're on the far west and the pound is on the eastern edge of a VERY wide county, so they had to drive 45mins. to get him, and pay a sizeable fee to the county service. Then the town sent a woman to document the loss. Luckily enough for us, the chickens were some Araucaunas, a couple Silver Spangles, an Old English rooster,etc. The county took as the value the cost plus shipping for a like number of breeding-age specialty chickens from McMurray. We got that $$ off our property taxes, and they had to pay that, too. The second summer he did it, the dog didn't come back here. We think maybe a brother took him to his place far off, not sure. Sue

No, in NY the dog owner can not collect damages. The civil suit would not get her anything. Many are also forgetting that the dog had done this before, she had been cited and fined. She also had to pay damages. The dog was previously labelled dangerous, which means it must be under it's owners control at all times.

Michelle

[debra in ks]

Your post doesn't say if you told her WHY you shot it.

[mwhit]

Originally Posted by debra in ks

Your post doesn't say if you told her WHY you shot it.

Of course I did! I told her I shot it because it was killing my chickens. She probably came here to see if I had seen it because it already killed one of my roosters awhile ago. I was very nice about it, but I did tell she was lucky it was just a rooster. I posted about it here (or maybe poultry forum) when it happened.

She knew her dog was a killer and she knew her dog thought this was an all you can eat buffet That is why she came here.

Michelle