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Dogs: family or property?


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Guest GLOCKGUY

my neighbor has about 20 cats i should say had 14104_icon_smile_whistling_1.gif but anyways they keep getting in my garbage i call the cops and they said their is a leash law in TN for dogs and cats i have a right to protect me and my family and property against dogs and cats not on a leash. :)

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Sure is refreshing that this isn't Europe! Animals are property even though many of us have emotional connections that transcend any other property we have. I would kill the dog, but there would probably issues after the fact from the other owner, so be careful.

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Guest GLOCKGUY
Sure is refreshing that this isn't Europe! Animals are property even though many of us have emotional connections that transcend any other property we have. I would kill the dog, but there would probably issues after the fact from the other owner, so be careful.

ya your right the owner of the other dog can not do anything legal but he can get you back another way 14104_icon_smile_worried_2.gif

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The owner of the other dog could sue you in civil court but if the dog came out of its yard off of a leash and attacked your dog while you were walking in the street/side walk then there is no doubt in my mind that the dog can be shot and you will not be charged with a crime. It is not a long leap to think that once the dog is finished with your dog it would turn on you. The dog has already displayed aggressive behavior and if you wait for animal control to come, they are going to put the dog down any way.

As for whether or not they are property or family? I love my dogs to death. If either of them ever took a snap at my children or anyone else unprovoked, I would be digging a hole.

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Almost had to shoot a pitbull that came tearing after me while I was on a bike. I knew I couldn't outrun him so I jumped off and put my bike between us. Fortunately for both of us the owner came running out of the house and called him back. Of course one advantage I had is that if he goes after my right leg is goign to get noithing but a mouthful of metal. While he is busy chewing on my presthesis he's goign to get busted in the ribs multiple times with my left foot. :-)

Edited by mdmoseley
spelling error
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The Tennessee leash law applies to dogs but not cats.

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.

(:) 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.

© 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 ©(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 Marswolf
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Guest GLOCKGUY
The Tennessee leash law applies to dogs but not cats.]

all i know is when my neighbor took me to court for shooting her cats Judge Mckenzie said and i "quote" in Rhea county you have to have your animals contained not running about the neighborhood and that if cats or dogs are doing damage to my property i have the right to do what i have to do to protect my property and my family

Edited by GLOCKGUY
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Guest GLOCKGUY
Haha, while I'm sure you're reffering more to property, I would laugh at your family if they couldnt protect themselves from cats.

hey ive seen some mean ass cats out there :D

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all i know is when my neighbor took me to court for shooting her cats Judge Mckenzie said and i "quote" in Rhea county you have to have your animals contained not running about the neighborhood and that if cats or dogs are doing damage to my property i have the right to do what i have to do to protect my property and my family

Maybe Rhea County has a private act. Municipalities can restrict more than dogs, but counties generally can not without the passage of a private act.

Then again, maybe the judge just "forgot" about that since the cats were damaging your property. I suspect he just thought you were justified and that was that. Case dismissed.

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Guest GLOCKGUY
Maybe Rhea County has a private act. Municipalities can restrict more than dogs, but counties generally can not without the passage of a private act.

Then again, maybe the judge just "forgot" about that since the cats were damaging your property. I suspect he just thought you were justified and that was that. Case dismissed.

or the same cats are getting in to his garbage to he lives right behind the people with the cats :D

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I love my dogs. They are property, but if you harm one...they are family...and you will probably never be found - proof or not.

For that matter, if you steal my lawnmower, they won't find your body - but there will be a lot less pain than if you hurt one of my dogs.

Edited by Marswolf
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Its not a matter of property.... there is a leash law in the State of Tennessee. If I'M walking MY dog on a leash... and another animal comes out on a road right of way or onto my property and attacks my dog... then I immediately would consider that an attack on myself and considering the other dogs size I would probably be in immediate fear of my life, or a immediate fear of serious bodily injury... I would then use the appropriate force necessary to repeal the said attack. If use of force with a handgun were in order I would make sure of where the aggressor was and make sure there are no innocents behind it.... then BANG!

Btw.. Im a huge Dog lover.

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