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#3106873 - 01/02/13 09:44 PM Re: Dog Problem! [Re: utfan1]
dralarms
8 Point


Registered: 12/23/12
Posts: 1038
Loc: athens, tn

Offline
 Originally Posted By: utfan1
yeah , it was a bad deal. morons that let their dogs run loose tick me off.


Yep, the man behind me used to raise pit bulls, that was until I found the whole litter on my front porch tormenting my cats.

Walked it the house and got my 9 shot 22, rat shot mind you, and nailed all of them. 2 hours later I could still hear them whimpering, told the old codger that next time would be with a 38.

Haven't seen any of his dogs since.

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#3107413 - 01/03/13 10:24 AM Re: Dog Problem! [Re: scn]
Lost Lake
6 Point


Registered: 11/17/12
Posts: 946
Loc: Middle Tn

Offline
I wasn't aware of a law that states trapping on your own property makes the landowner/trapper responsible for damages to a trespassing dog whose owners are in violation of the leash laws. Not argueing, not a trapper and just didn't know that. Seems to me that there are some major conflicts concerning leash laws and what dogs are allowed to do. Absolutely amazes me.

The OP says that his neighbor is an attorney, and as such, ought to know better. If it was me, I would use the law to the utmost extent that I could to make him control his animals. As an attorney, he should understand that.

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#3107543 - 01/03/13 11:57 AM Re: Dog Problem! [Re: utfan1]
7mm08
12 Point


Registered: 09/12/07
Posts: 5211
Loc: In a river hopefully!

Offline
I took this and 8 pictures from the multiple cameras we have on the property and told the policeman from the county that either they can pay the $1600 ($200 per dog per day fine) or keep the dogs up. Dogs are gone.


There is a statewide leash law in TN. Start with the sheriff's department. I found this on the web. It seems to me that if the sheriff will not or can't do anything about it the DA might.

http://www.michie.com/tennessee/lpext.dll?f=templates&fn=main-h.htm&cp=tncode

44-8-408. Dogs not allowed at large — Exception — Penalties. —

(a) As used in this section, unless the context otherwise requires, “owner” means a person who, at the time of the offense, regularly harbors, keeps or exercises control over the dog, but does not include a person who, at the time of the offense, is temporarily harboring, keeping or exercising control over the dog.

(b) The owner of a dog commits an offense if that dog goes uncontrolled by the owner upon the premises of another without the consent of the owner of the premises or other person authorized to give consent, or goes uncontrolled by the owner upon a highway, public road, street or any other place open to the public generally.

(c) It is an exception to the application of this section that:

(1) The dog was on a hunt or chase;

(2) The dog was on the way to or from a hunt or chase;

(3) The dog was guarding or driving stock or on the way to guard or drive stock;

(4) The dog was being moved from one place to another by the owner of the dog;

(5) The dog is a police or military dog, the injury occurred during the course of the dog's official duties and the person injured was a party to, a participant in or suspected of being a party to or participant in the act or conduct that prompted the police or military to utilize the services of the dog;

(6) The violation of subsection (b) occurred while the injured person was on the private property of the dog's owner with the intent to engage in unlawful activity while on the property;

(7) The violation of subsection (b) occurred while the dog was protecting the dog's owner or other innocent party from attack by the injured person or an animal owned by the injured person;

(8) The violation of subsection (b) occurred while the dog was securely confined in a kennel, crate or other enclosure; or

(9) The violation of subsection (b) occurred as a result of the injured person disturbing, harassing, assaulting or otherwise provoking the dog.

(d) The exception to the application of this section provided in subdivisions (c)(1)-(4) shall not apply unless the owner in violation of subsection (b) pays or tenders payment for all damages caused by the dog to the injured party within thirty (30) days of the damage being caused.

(e) It is not a defense to prosecution for a violation of subsection (b) and punished pursuant to subdivision (g)(1), (g)(2) or (g)(3) that the dog owner exercised reasonable care in attempting to confine or control the dog.

(f) It is an affirmative defense to prosecution for a violation of subsection (b) and punished pursuant to subdivision (g)(4) or (g)(5) that the dog owner exercised reasonable care in attempting to confine or control the dog.

(g) (1) A violation of this section is a Class C misdemeanor punishable by fine only.

(2) A violation of this section is a Class B misdemeanor punishable by fine only if the dog running at large causes damage to the property of another.

(3) A violation of this section is a Class A misdemeanor punishable by fine only if the dog running at large causes bodily injury, as defined by § 39-11-106, to another.

(4) A violation of this section is a Class E felony if the dog running at large causes serious bodily injury, as defined by § 39-11-106, to another.

(5) A violation of this section is a Class D felony if the dog running at large causes the death of another.

(h) Notwithstanding subsection (g), a violation of this section shall be punished as provided in subsection (i) if the violation involves:

(1) A dog that was trained to fight, attack or kill or had been used to fight; or

(2) The owner of the dog violating this section knew of the dangerous nature of the dog and, prior to the violation of this section, the dog had bitten one (1) or more people that resulted in serious bodily injury or death.

(i) A violation of this section, where one (1) or more of the factors set out in subsection (h) are present, shall be punished as follows:

(1) A Class C misdemeanor if the dog running at large does not cause property damage, injury or death;

(2) A Class A misdemeanor if the dog running at large causes damage to the property of another;

(3) A Class E felony if the dog running at large causes bodily injury to another;

(4) A Class D felony if the dog running at large causes serious bodily injury to another; and

(5) A Class C felony if the dog running at large causes the death of another.


[Acts 1901, ch. 50, § 1; 1903, ch. 419, § 1; Shan., § 2853a4; Code 1932, § 5086; T.C.A. (orig. ed.), §§ 44-1408, 44-8-108; Acts 2007, ch. 533, § 1; 2007, ch. 556, § 1.]


Edited by 7mm08 (01/03/13 12:02 PM)
_________________________
I hunt and fish not for the thrill of the kill, but for the thrill of the grill!!

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#3107554 - 01/03/13 12:04 PM Re: Dog Problem! [Re: scn]
Grizzly Johnson
Team Grizzly
16 Point


Registered: 10/07/08
Posts: 15791
Loc: Tennessee

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 Originally Posted By: scn
If you were serious about the trapping part, you may want to read TCA 70-4-120. It requires your traps to be run at least every 36 hours, prohibits on top of the ground sets unless using cushion jaw, and makes the trapper liable for any damages to any person's dog caught in the trap.


May be the law, but it's BS.... the dog shouldn't have been allowed on property that was owned by someone else other than the dog owner in the first place, without permission.
_________________________
But if thou do that which is evil, be afraid; for he beareth not the sword in vain: for he is the minister of God, a revenger to execute wrath upon him that doeth evil.

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#3108111 - 01/03/13 06:46 PM Re: Dog Problem! [Re: Grizzly Johnson]
Drop 4/5
6 Point


Registered: 06/23/09
Posts: 670
Loc: Morgan Co.

Offline
Thanks for all the input. Gonna try the legal route first and then I may need to open a new season in Morgan County!

Ron
_________________________
"Common Sense" it's not so common anymore
Kiss em, Hug em, Tell em you love em!

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#3108140 - 01/03/13 07:06 PM Re: Dog Problem! [Re: Drop 4/5]
William
TnDeer Old Timer
8 Point


Registered: 10/25/99
Posts: 1860
Loc: Kingston, TN

Offline
Just remember, there is nothing in that "leash law" that gives you authority to kill a dog. In the case of dogs attacking, you have the right to defend but impacting your deer hunting is not just cause. If you shoot the wrong dog you could be subject to thousands of dollars in a civil suit.
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#3109808 - 01/04/13 08:53 PM Re: Dog Problem! [Re: William]
Drop 4/5
6 Point


Registered: 06/23/09
Posts: 670
Loc: Morgan Co.

Offline
They have been aggressive before and I expect it to happen again!

Ron
_________________________
"Common Sense" it's not so common anymore
Kiss em, Hug em, Tell em you love em!

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#3109815 - 01/04/13 08:57 PM Re: Dog Problem! [Re: Drop 4/5]
dralarms
8 Point


Registered: 12/23/12
Posts: 1038
Loc: athens, tn

Offline
 Originally Posted By: Drop 4/5
They have been aggressive before and I expect it to happen again!

Ron


Once is all it takes to ruin your day, or life.

What kind of dogs?

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#3109819 - 01/04/13 09:00 PM Re: Dog Problem! [Re: dralarms]
William
TnDeer Old Timer
8 Point


Registered: 10/25/99
Posts: 1860
Loc: Kingston, TN

Offline
Then I suggest you contact your local law enforcement officer.
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#3109832 - 01/04/13 09:07 PM Re: Dog Problem! [Re: William]
Drop 4/5
6 Point


Registered: 06/23/09
Posts: 670
Loc: Morgan Co.

Offline
All kinds that he has rescued along the way which I respect him for that but he just needs to keep them on his property. Twenty something dogs last I checked. My wifes been bit once Strike One, Friends Dog been bit Strike two and they have been aggressive towards me during bow season strike three!

Ron
_________________________
"Common Sense" it's not so common anymore
Kiss em, Hug em, Tell em you love em!

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