what are my rights against this trespasser?

Discussion in 'Homesteading Questions' started by lunagardens, Nov 27, 2009.

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  1. lunagardens

    lunagardens Well-Known Member

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    Woke up turkey day-slept in till 7 am. Went to the mud room in an effort to gather up the turkey/chicken feed. I look out the window to see a big grown man in my yard a good 40-50 feet. I thought at first he was throwing something at/towards my turkeys- who were running away from him. They were not in their fence pen, but do not go off the property on that end since the neighbor has a dog who barks at them and they scare easily.
    So I watched for a second and the man did the motion again (he was smiling and laughing while doing this). This time I see it is a dog leash in his hand and he is provoking his dog to chase my turkeys! On my property!
    I later found out it is a jack russel dog.
    So in a very colorful language fashion, I went out the door and yelled what the ...are you doing? He laughed and stood there. So i yelled get the ...off my property. Your tresspassing. he laughed again, staying put. So then I told him I would press charges if he did not leave and went on about how this is country but we still have laws and rules. Go back to the city...blah blah insert lots of colorful language. he left the proerty and went to the property he came from North of mine.
    So I called the township police to press charges. Did my report and they went to interview him. Cop comes back and informs me he is a preacher from S.Carolina and is so sorry. (he is here visiting his sister who is married to other preacher). He was only snickering because of my language. The cop mentioned the preacher thing and I said so is the guy who owns the house he is visiting. I don't give a.... if he is. Even the more reason what he has done is wrong. Tresspassing AND harrasssing my animals with his dog. So the neighbors threatened to charge me with animals at large since my turkeys were not in their fence if I do not drop my tresspassing charge (cop said that was all I could charge him with). So I mentioned he could let Preacher man know I have plenty of witness's on me cathcing his dog )different dog from the one used to chase my turkeys.) at large on my property and lets just throw a 3rd charge in the hat of stupidity.
    Cop calls his supervisor who said no is pressing charges. All are dropped and everyone leave each other alone.
    My problem is this guy had the intent of harrassment towards my animals with his jack russell dog and tresspassed on my property to do it. He was laughing while he was doing it, laughing while I informed him of his wrong doings and then his attitude without an apology due to my "colorful" language shows he could care less. He told the cop he was sorry but I believe it is only because he was "playing it up" to the cop.
    Do the police have the right to tell me I can not press charges?
    What about using a domestic animal to harrass livestock?
    Where are my rights on this?
    I have had continous problems from these city folk neighbors over the years. (they use to call zoning on me all the time because a chicken would be out on MY property.) I have always been kind when I caught their dog on my property and handed him over to which he appologizes. I always say "hey- it happens. No harm done. naughty dog." I always play fetch with him through the fence when I garden so he won't bark non stop while I am up there. He comes to me when I call when he is loose. He does not bother my animals, he just wants to run and I understand these things happen. If my animals are on his property at any time, he could have informed when I handed his beagle over to him.
    I can not continue to turn the other cheek on what happened Turkey day. A grown man who is also a preacher. They are suppose to be role models. They would not have put up with me doing the same thing to them and would be rightly as ticked off.
    He had malicious intent in my eyes. These are Narrangasset turkey's a 6 month old trio- 2 toms and 1 hen. Very docile and alot like like a dog to us.
    I am selling all our poultry anyway come Monday/Tuesday. So they will all be gone in just a few more days. The preacher goes back Monday to his place in S.Carolina.
    Son anyone know what I can do about this tresspasser and his dog?
    Shotgun was luckily on the other end of the house otherwise they would have charged me with who knows what.
     
    Last edited: Nov 27, 2009
  2. coup

    coup Well-Known Member

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    i don't know how far on your property he was,,,i don't know if you have any posted signs....i don't know enough to offer help for sure.....but there is other law enforcement if you want to pursue it...game warden,state police,

    i think i would let this one go,this time...

    i have my land well posted and the neighbors dogs were running rabbits all over it the first day of deer season..the second day a woman and kid tried coming through saying they were lost...we knew that a poacher neighbor had sent them through to run the the deer out....the deer seasons are so long here that i can't watch my place everyday as i work for a living and they don't. you probably have it better than i do...

    the police in your sit. was trying to help the preacher by talking your turkey as as long as they are on your place,it should be know one business.

    in wv you can legally kill any dogs that are killing chickens,rabbits,sheep but it pays to have at least one dead one for insurance.
     

  3. NCLee

    NCLee Well-Known Member

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    As hard as it is to do, I'd just let it pass. As you said, he'll be gone on Monday.

    There's not point in causing yourself more hassle and time trying to persue the charges. Your time is worth more than that, especially with what you can actually accomplish.

    I understand your anger. It made me mad just reading your post. We have all sorts of problems in our neighborhood from "city" folks, who don't know better or who don't care. Not all city folks are like that, but some are pure jerks.

    Before roadside hunting was outlawed here, we had big time problems with people coming from urban areas. If you didn't get out of their way quick enough on the road, you'd get a cussing. Our home has been shot with bullets twice. Use to hear buckshot rain on the roof. So, I do indeed understand your anger.

    But, as best you can, just chalk it up and put it behind you. You won't change them and there's not a lot you can do to punish them either.

    Just take a deep breath and enjoy the sunrise this morning. You have something, that chances are he'll never have, even if he's a preacher.

    Lee
     
  4. Common Tator

    Common Tator Uber Tuber

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    Are you still in Ohio? Here is Ohio's law.

    § 955.28 Dog may be killed for certain acts; owner liable for damages. - AMENDED 2008

    (A) Subject to divisions (A)(2) and (3) of section 955.261 of the Revised Code, a dog that is chasing or approaching in a menacing fashion or apparent attitude of attack, that attempts to bite or otherwise endanger, or that kills or injures a person or a dog that chases, threatens, harasses, injures, or kills livestock, poultry, other domestic animal, or other animal, that is the property of another person, except a cat or another dog, can be killed at the time of that chasing, threatening, harassment, approaching, attempt, killing, or injury. If, in attempting to kill such a dog, a person wounds it, the person is not liable to prosecution under the penal laws that punish cruelty to animals. Nothing in this section precludes a law enforcement officer from killing a dog that attacks a police dog as defined in section 2921.321 of the Revised Code.

    (B) The owner, keeper, or harborer of a dog is liable in damages for any injury, death, or loss to person or property that is caused by the dog, unless the injury, death, or loss was caused to the person or property of an individual who, at the time, was committing or attempting to commit criminal trespass or another criminal offense other than a minor misdemeanor on the property of the owner, keeper, or harborer, or was committing or attempting to commit a criminal offense other than a minor misdemeanor against any person, or was teasing, tormenting, or abusing the dog on the owner's, keeper's, or harborer's property. Additionally, the owner, keeper, or harborer of a dog is liable in damages for any injury, death, or loss to person or property that is caused by the dog if the injury, death, or loss was caused to the person or property of an individual who, at the time of the injury, death, or loss, was on the property of the owner, keeper, or harborer solely for the purpose of engaging in door-to-door sales or other solicitations regardless of whether the individual was in compliance with any requirement to obtain a permit or license to engage in door-to-door sales or other solicitations established by the political subdivision in which the property of the owner, keeper, or harborer is located, provided that the person was not committing a criminal offense other than a minor misdemeanor or was not teasing, tormenting, or abusing the dog.

    CREDIT(S)

    (2008 H 71, eff. 9-30-08; 1987 H 352, eff. 7-10-87; 1953 H 1; GC 5838)


    I found it here: http://www.animallaw.info/statutes/stusohst955.htm
     
  5. lunagardens

    lunagardens Well-Known Member

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    Your probally right. I should just let it go. My concern is he will be back. He visits his sister often.
    I guess I am more angry at the police department's attitude about it. They seem to not care about any wrongdoing unless unless it appears to be a serious crime.
    I am still hurt and ticked off that it took them 2 weeks to interview the 10 1/2 yr old boy who was "touching" and kissing my 3 yr old 2 months ago. They will not press charges because he is under the age of 12. Their non chalant attitude about that combined with this makes my temper flare. I have had a very hard time dealing with what happened and my 3 yr old daughter (now 4) has not been acting out. I took her in for the exam and evaluation to which showed nothing more happened and she would be o.k most due to her age. She most likely has forgotten already since we do not talk about it given to advice by their care center doctor and Psycholgist.
    In the 2 weeks from my filing that report and their finally getting out to his place (2 doors down from ours) I was told to not let on or say anything to them so as not to cause damage to the case. I had to put up with that kid knowing what he had done knocking on my door asking for my kids to come out. How I held it together for that long without harming anyone i can only say was due to fear of not seeing my children because of jail. I should mention when he did come to the door I would just say no. they can't play anymore and shut the door.
    I called the newspaper after I wrote here and told them all of this. Hopefully I can get a reporter interested in the issue of their township police attitudes/handlings and bring notice to others. Maybe more will come forward.
    I have recieved 2 tickets from the township in 8 yrs for the most ridiculous things. My car skid on ice and wrecked in a ditch. they gave me a ticket for failure to control. the other for pulling into a parking lot where I was meeting a friend and was pulling in to a parking spot. An open space between 2 construction barrells with a sign saying no THROUGH traffic. Road closed. Nothing about no entry and there was a car width space between the barrels to the driveway 2 feet away. I didnot see reason other then the township is poor and they love giving out tickets.
    O.K. I am done ranting. I am going to go watch the sun rise and take some breaths. Thanks for just letting me get that off my chest.
    i swear this is so much better of therapy then paying someone to tell me my anger stems from my childhood.LOL.
    I hope everyone has a wonderful weekend and plety of left over turkey sandwiches
     
    Last edited: Nov 27, 2009
  6. Common Tator

    Common Tator Uber Tuber

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    Luna, I think you should keep your turkeys penned for their own protection. Get a game camera and aim it at the turkey pen, and make sure you keep your property posted NO TRESPASSING.

    If the dufus comes back. you will have photos from your game camera of him harrassing the turkeys.
     
  7. lunagardens

    lunagardens Well-Known Member

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    Usually they are penned up. I had to clip their wings since they were getting out. Turkey day was the day my husband was off so i could get some help doing it. been scratched in the face a few times already from the big galoofs trying to escape my hold.LOL.
    I put up another trellis fence above their 5 foot pen fence where they were hopping on to get out. It borders the gate so it has a wood beam they can get on.
    I usually coral them back to their pen when i see they get out. All my other neighbors have no problem and have actually commented how they miss my animals when winter comes. I usually let them out to graze while I am out in the garden for a few hours. They follow me around the garden fence where i feed them bugs and worms while I weed.
    Heck. Since their escaping this last week, the other neighbors have been pulling out lawn chairs just to watch my turkeys walk around eating grass and bugs, making those sweet noises. My elderly neighbors say it is so nice and peaceful to sit out and watch them. They are such beautiful creatures.
    I told them I was waiting for my husband to get a day off so he could help me clip their wings so they would stay in their pen and they actually told me they wish my pen extended more their way just so they could sit out and watch them more.LOL.
    We are selling all the poultry in a few days. We are moving by Spring due to some circumstances and are not sure we will get to have any other livestock while there. Long story short, Husband is looking for another job and this house is a money pit which has scraped us of all our savings. Add in the happenings we have had while here, we look forward to a fresh start.
    Thank you Tater for the tip. I am putting one of those cameras on my wish list for any future use.
     
  8. 7thswan

    7thswan Well-Known Member Supporter

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    I don't see why at the very least you can't file a police report.
     
  9. Jennifer L.

    Jennifer L. Well-Known Member Supporter

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    I wouldn't bother any more about it, either. And I also don't blame the cops for wanting to keep a minor problem low key. Not saying it's not important to you, of course.

    As for the JERK who brought his dog over to bother your birds, he probably learned his lesson when dealing with you and I doubt he'll be stupid enough to try anything again on another visit. If he does, if I were you I'd insist on charging.

    He's using his "preacher" status as an excuse to get away with bad behavior. If I were the vindictive sort, this would be noised around back in his home town. I'd like to give him a good swift kick---he's probably used that a lot to get away with other stuff.

    Jennifer
     
  10. Alice In TX/MO

    Alice In TX/MO More dharma, less drama. Supporter

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    If the "preacher" is an older person, I wonder if he has dementia?

    After you calm down, next week some time, make an appointment and talk to the chief of police. CALMLY discuss what happened and develop a course of action with his input and support.
     
  11. dianaofthedunes

    dianaofthedunes Well-Known Member

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    You can always have a report taken, even if there won't be any charges filed. And pressing charges isn't necessarily up to you or even the cop. The county prosecutor, or DA or whatever Ohio has, makes that call. In the county where I live, the prosecutors don't do squat unless it's considered a "slam dunk", so there's really no point in taking some reports other than to make people feel better or to document an ongoing problem. Especially with a situation where there's no hard proof of wrongdoing, which is unfortunately what you have. It can be very frustrating (for the cops, too).

    But if it's a continual problem, and the police aren't doing anything to help you out, you should definitely ask to speak with a supervisor.

    Regarding the boy who was messing with your little girl... In my county we have specially trained officers and counselors who interview kids with any involvement in sexual crimes. Not sure if that's the case where you are, but it may help explain the time delay. I'd be extremely upset about the lack of action regarding the whole thing, though. Even if they aren't going to charge him, some counseling is definitely in order for that boy. Something like that should never be ignored, since it will almost certainly lead to other problems later on.

    I don't blame you for being glad you're moving!
     
  12. Danaus29

    Danaus29 Well-Known Member Supporter

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    I would have shot the dog. Leash or not, you were within your rights.

    In Ohio you do not have to have your property posted. All property is presumed by law to be private property.

    Are you dealing with township police or the county sheriff? If you are having problems with the township police I would take it to the sheriff. No excuse for not filing a report on your livestock harasment. There are places you could go to about the 10 year old touching your baby. Childrens Protective Services is probably the best. They are supposed to ensure very young molesters (who are most likely being molested themselves) get the treatment they need.
     
  13. fordy

    fordy Well-Known Member

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    ................After so many UNinvited Incursions I would build a very tall fence with a Hot Wire across the top ! Outdoor cameras are not that expensive so install some that adequately cover the transgressed area and record their coverage while you're gone ! , fordy
     
  14. edcopp

    edcopp Well-Known Member

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    "Sorry". They are always sorry when they get caught, "Praise The Lord".

    There is one cure for stupid, and it usually will solve the other problems. SSS.
    If SSS (Shoot, Shovel, and Shut-up) does not work, then have a conversation with the dog.:goodjob:
     
  15. Sawmill Jim

    Sawmill Jim Well-Known Member

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    Cop said he was a preacher (for which side ) Smack him with a 2x4 his word against yours an he was trespassing :flame: Like i told someone i'll get out of jail long before you get out of the hospital :bash:

    Cops main duty is traffic and guarding the doughnut shop or it seems :help:
     
  16. cfabe

    cfabe Well-Known Member

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    Even if you did file charges in this case, there is probably no evidence to get a conviction. It's your word against his.

    I think you should just let it go, and start trying to invest in some fencing or other security measures rather than calling the police every time something happens. Your story is a good example of how the police are not really there to protect you, they are there to give people a feeling of security and clean up the mess after an incident.
     
  17. TnAndy

    TnAndy Well-Known Member Supporter

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    Good fences make good neighbors.
     
  18. FrontPorch

    FrontPorch Well-Known Member

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    Wow, he's lucky. I would have grabbed the shotgun first and asked questions later.
     
  19. QuiltingLady2

    QuiltingLady2 Well-Known Member

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    I think the best way to handle this so called preacher is to go right over to the house he is visiting and have a cup of coffee with him and his bil. Ask a few questions about his church and if he or his congregation would do such a thing to the people in his neighborhood? Why is it ok to do such a thing here? ETC. Pin the fly to the wall. Call him out about his own moral code.
     
  20. lunagardens

    lunagardens Well-Known Member

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    He freely admitted he tresspassed with his dog. No idea if he admited the chasing of my livestock.
    I went the full extent about my daughter situation. Filed the report. Called children services. Brought her in to the abuse care center for exam/evaluation which took a month just to get her in and that was because I did not wait for the social worker to make the appt. I called them myself and they just got off a call from someone canceling.. In the entire time from my reprt until the social worker informed at the evaluation, I spoke with the detective 1 time. He never bothered to return any of my calls( 5 messages were left). i stressed to them I was worried about where the child picked this behavior up at such an age. What if it happened to him and now a child will see he got away with it which may evolve later into more wrong behavior.
    I spoke with a reporter from the Akron paper and he is having a police reporter call me on Monday. They want to talk to me more and that would be the right reporter for what is going on with the way this department seems to handle things.
    I told that detective during his only conversation with me if they did nothing but turn the other way I would be a thorn in their side. It took him 3 weeks to return my first call.
    in quote from one of my kid's favorite movies...
    "You will rue the day"!
    If I'm leaving this township it will be known why- the sign which will be zip tied to the front rail for all to see
    "Money pit house
    sucky schools
    A township which cares more
    for $$ then it's people.
    WELCOME!"
    My husband thinks I am just venting but my history of being creative in my ways will say otherwise. From my Pagan symbol painted on the Barn towards Preacher Mans house and one towards the road when they harrassed me with zoning call visits (which showed no violations but they have to come out to "see"). To me it is no different then someone painting a cross to "bless" their place. I was warding off any evil eyes;) and it worked- but the barns are gone now.
    I say this is when a mother and resident must stand up and make her voice heard. Their attitude towards the tresspassing just brought back all the fury of their previous way. Sometimes you must walk away but how far must one walk before it has to end? I do realize this may seem rather silly but my turned cheek is no longer to be turned. LOL. I am not just standing up for myself but for others who may very well have dealt with the same.
    When i made my many calls over those 2 weeks, I kept being told "oh we are going out there in a day or two"...which turned into 2 weeks.Then they never bothered to call me or update me. Never returned my calls or sent me papers. It was 6 weeks after the incident report when they decided (prosecution said) no charges since he is under 12 despite an adult witness to the incident who was a different neighbor.
    My name will not appear in the paper to protect my child but my voice will be heard and hopefully it shames them to pay more attention and care for any future people.
     
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