indiana
IC 35-46-3-12
Torture or mutilation of a vertebrate animal; killing a domestic animal
indiana
IC 35-46-3-12
Torture or mutilation of a vertebrate animal; killing a domestic animal
Let me preface my remarks by saying I am a dog person. Three live in my house and it is their home as much as it is mine.
That said, the behaviour of the dog that you speak of is unacceptable.
I don't have a clue of the legalities today. I'm sure PETA or some other such tree-hugging organization would have you hanged for bthis today, BUT,
I carried newspapers* for a job when I was a kid. I had many dogs on my route. Some were very friendly. Others, not so much. My route started at 5:00am. It was still dark, and there was no-one around to help if a kid carrying papers got into trouble.
My dad gave me the solution. I armed myself, with a "less-than-lethal" weapon. I filled a squirt-gun full of ammonia. One by one, the trouble dogs on my route ceased to be a problem, for me anyway. One squirt of ammonia anywhere in the face of a dog will send it running for cover. If it gets in the eyes, it will cause temporary blindness, profuse watering, and extreme pain. It will also burn the mucus membrane on the inside of the nasal cavity.
It may sound cruel, but it IS less-than-lethal, and it IS effective. I never had to administer more than one shot per pest. None wanted a repeat.
*Newspaper was a bunch of folded paper that they used to print news on, back in the old days.
indiana
IC 35-46-3-12
Torture or mutilation of a vertebrate animal; killing a domestic animal
Sec. 12. (a) This section does not apply to a person who euthanizes an injured, a sick, a homeless, or an unwanted domestic animal if:
--------------------------------------------------------------------------------
(1) the person is employed by a humane society, an animal control agency, or a governmental entity operating an animal shelter or other animal impounding facility; and
(2) the person euthanizes the domestic animal in accordance with guidelines adopted by the humane society, animal control agency, or governmental entity operating the animal shelter or other animal impounding facility.
(b) A person who knowingly or intentionally beats a vertebrate animal commits cruelty to an animal, a Class A misdemeanor. However, the offense is a Class D felony if:
(1) the person has a previous, unrelated conviction under this section; or
(2) the person committed the offense with the intent to threaten, intimidate, coerce, harass, or terrorize a family or household member.
(c) A person who knowingly or intentionally tortures or mutilates a vertebrate animal commits torturing or mutilating a vertebrate animal, a Class D felony.
(d) As used in this subsection, "domestic animal" means an animal that is not wild. The term is limited to:
(1) cattle, calves, horses, mules, swine, sheep, goats, dogs, cats, poultry, ostriches, rhea, and emus; and
(2) an animal of the bovine, equine, ovine, caprine, porcine, canine, feline, camelid, cervidae, or bison species.
A person who knowingly or intentionally kills a domestic animal without the consent of the owner of the domestic animal commits killing a domestic animal, a Class D felony.
(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; or
(2) engaged in a reasonable and recognized act of training, handling, or disciplining the vertebrate animal.
(f) When a court imposes a sentence or enters a dispositional decree under this section, the court:
(1) shall consider requiring:
(A) a person convicted of an offense under this section; or
(B) a child adjudicated a delinquent child for committing an act that would be a crime under this section if committed by an adult;
to receive psychological, behavioral, or other counseling as a part of the sentence or dispositional decree; and
(2) may order an individual described in subdivision (1) to receive psychological, behavioral, or other counseling as a part of the sentence or dispositional decree.
As added by P.L.193-1987, SEC.15. Amended by P.L.41-1998,
SEC.2; P.L.132-2002, SEC.1; P.L.7-2007, SEC.1; P.L.171-2007, SEC.10; P.L.111-2009, SEC.14
When I lived in Tennessee, all dogs were to be kept under the control of the owner. The exception were "dogs on the hunt."
You could probably shoot the dog without reservation or legal concern once it is on your property.
I might go this route: Grab yourself a can of bear spray. It makes pepper spray seem like Polo cologne in comparison. Then talk to the neighbor.
"Yanno that dang ol' muddy dog ya don't want in your house? Well, it keeps jumping up on the old lady and kids getting their clothes muddy. She is PISSED. She called the law and they said to just shoot the mutt. Heck, man. I don't wanna shoot your old dog. I tell ya what I'm gonna do. I bought some of that spray. I'll train him for ya ta not run into my yard and get the kids and wife muddy. I tell ya what, though... ya might not want to go wallering around with him if he smells spicy though. It's liable to sting up yore eyes like you been rubbing them peppers in them."
Dog will stop coming over. The owner has a chance to do something while detailing in his little brain the exact consequences of said behavior. You also don't start a hillbilly war that results in her house getting torched while they're away.
Back when I was 18 I shot the offending dog, it cost me $800. I think for future refrence, hamburger on a paper plate, and a cement block on a tree limb will cost me about $792 less.
She does not recommend using pepper spray or other chemicals as you run a greater risk of the dog biting, even if by accident, while it is in pain or disoriented.
Put up a fence? Request they get an outdoor kennel? Photograph/film the dog and take it to the sherriff? I would not pepper spray a husky. Perhaps if they keeprefusing to kennel, put up a fence and take the neighbor to court for making it a necessity?
I have family that just put down a husky for gnawing a nasty spot in her arm...sad thing is that the dog was trying to alert that their other dog was in the aural stage of a siezure.
Try preventing an attack rather than just reacting to one. Some huskies ar great, others not so much. My SIL surving husky jumps up on me and my children and I am constantly having to discipline THEIR dog. If the damn thing ever attacks my child it will be shot on the spot. I couldn't go in their house when she was attacked before animal control took the dog...it was horrible.
Anyways, the best defense is a good offense. Tell them to get something to restrain the dog.
indiana
IC 35-46-3-12
(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; or
(2) engaged in a reasonable and recognized act of training, handling, or disciplining the vertebrate animal.
IANAL but it would seem to me that taking action to prevent serious injury from a loose, stray or neighbors dog is allowed, but you may very well have to show up in court and prove it. Applied to the OPs scenario repeating itself in IN, this would be a dog quite possibly larger than the children that is untrained, unfenced (physical electrical or otherwise) and by the sounds of things larger than the kids. That's a dangerous mix if it becomes violent with people
Generally, yes Shooting the offending animal is my answer. Not my first answer though, I usually attempt to talk to the owner of said animal and explain if it is found in my yard again I will shoot it.So for you the go to answer is always kill?
Yes. If you don't want something to come onto your property erect a privacy fence.I love this. The neighbor lets its dog run loose and your recommendation is for the OP to erect a fence? At his/her own expense? That's crazy. Also, if they won't restrain the dog on their property with a simple leash, do you really think they're going to purchase an outdoor kennel?
I think the OP's exhausted most of his reasonable resources. Talked to the neighbor, no go. Talked to animal control, no help. I think it's time he protects his family and property. Bear spray sounds like a good first option to me.