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Dog Attacks and My Rights


wagner

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I will just give the cliffs.

 

- Guy across the street has a bunch of dogs

- One of these dogs ran across the street into my driveway/yard

- Dog tried to attack me, barked, and had me cornered

- Got back in car until it backed off

- Got out of car came back across the street at me

- Guy called dog and it went inside.

 

Now I did not talk to him, yet. He is an older guy and they have lots of dogs. From what I was told there have been issues with the dogs in the past.

 

Is my best course of action to call animal control and let them know? There was no one around to back up my story so I don't know if I can push the issue.

 

If the dog bites me can I shoot it legally on my land?

 

If you have had issues like this your input would be great.

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Common sense not found.

 

:dumb:

 

Yeah...

 

Anyway, does anybody have something useful to add?

 

I really don't want to shoot anything, but if it came down to it would I have the right to do so?

 

My goal is not to be a hardass, rather more like the Dude and just abide...

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Find out the history with him. If this behavior isn't the first instance approach the owner, explain the situation and that you expect him to maintain 100% control of his dogs or at least to maintain them on his property.

 

Explain that if he fails you will seek a restraining order and look into filing menacing charges against him. I would start your case with at least a complaint to the police. Nothing serious just good business as eventually if things escalate it's the repeated behavior that will help your case.

 

I would also prepare with a can of pepper/bear spray in your car or with you if it's that bad.

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Pretty sure animals are considered "property" in the State of Ohio so the worst thing that could happen (as far as the law is concerned) would be a civil suit (if you shot it).

 

 

In Ohio you can kill a dog that is attacking or chasing you.

 

955.28 Dog may be killed for certain acts - owner liable for damages.

 

(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.

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In Ohio you can kill a dog that is attacking or chasing you.

 

955.28 Dog may be killed for certain acts - owner liable for damages.

 

(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.

 

Sorta what I was getting at - No criminal charges but the owner could pursue a Civil suit, although he would likely loose.

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Call Franklin county animal control, they will come out and demand paperwork for all dogs. There is a dog confinement law, dogs must be on leash not running around unsupervised. All of the above are tickets however most don't pay and warrants are issued for their arrest. Short of expressing your concerns to the owner I'd call animal control and press the issue that they come out until they do, tgey are obviously very busy this time of year.
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Talk to the owner and report it. That way its on file if it becomes an issue later on.

 

This. Just handle it calmly and politely first. If that doesn't work, just let animal control handle it. Use pepper spray, I haven't seen that fail on a dog yet.

 

Regardless of what the ORC says about killing the dog, it's not a good idea to discharge a firearm in a neighborhood because a dog cornered you.

 

You could always let Tractor handle it. He could light the dog(s) on fire like the good old says.

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