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Disturbing the Peace

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kllyblvn

Junior Member
What is the name of your state? Nebraska

Long story bear with me.

Problem Neighbor(s): Same household 47 year old woman and her 37 year old boyfriend.

During the last few years they have poisioned my flowers, my pond, my garden. They are always flipping me the finger, calling me nasty names and false reporting to the sheriff's offce on a weekly baises.

This winter it came to a head when we had our blizzard. Their two dogs excaped the kennel via a snowdrift and came over to my yard. I climbed the big drift and saw him (the boyfriend) snowblowing his walk. After two times of whistling and getting the finger sign, I took the dogs on the drift and whistled again to get his attention. He then called the dogs and put them back in the kennel (with out digging it out I might add). I went about my business. Unfortunetly about 15 minutes later I had an Police Officer at my door. The neighbor filed a statement on me saying that I threatened to kill his dogs. The Officer took my statement and left. The dogs kept running loose all week. However I made no attempts to let their owner(s) know or return them home. Then shortly there after I received a phone call from the Officer "do you have your neighbors dog" It seems that he called the police station and filed a statement that I now STOLE one of the dogs!".

This is not the first time these neighbors have filed false statements against me. They filed a statement with the Sheriffs office claiming that they saw me with their own eyes drive into their yard and spin out and left ruts. I was ALMOST arrested for it! The cop took their statements, took photos of my pickup tires and then photo of the tracks in the yard.
I did locate the two juvenile kids that not only drove through the neighbors yard but several other neighbors yards. They turned themselves in so no charges would be filed against me. HOWEVER never were there charges filed against my neighbors for submitting false statements to a Police officer.

Because I have dealt with at least 4 years of this terror I can not even begin to list everything I have been thorugh. No charges had ever been filed by the DA to these two neighbors "Its my word against theirs".

Back in April the neighbors dog got out again. Because I had previous statements filed on me in regards to threating to kill the dogs and accused of stealing the dog, when it came into my yard I detained it. This dog and one other of theirs had in on previous matter killed one of my rabbits in a hutch outside and I had the shed door open where I house them and bunnies in outside cages getting some sunshine as I can not leave them out now on daily bases. I did not want him killing any more rabbits. I told my daughter to go in and call the Sheriffs offce to come get the dog and my friend to get me a jug of water as the dog was drinking the thick muddy water in one of my wash tubs I use for decortation.
The neighbors came down the alley in their golf cart. They said let the dog go. I said "We have called the Sheriffs office and when the officer gets here he can return it to you." That way I have proof via an officer that I did not threaten the dog nor did I try to steal it." She got of the golf cart and came onto the property and shoved me in to the wall of the building. My daughter had returned by this time and stepped in between to move her off of me. She shoved my daughter and again my daughter stepped in between us. This lady lost her footing (personally I think she took the dive) and landed by the lilac bush. Her boyfriend threw hot coffee in my daughters face (not scalding but hot as some splashed on to me and my friend) He turned and ran to the house. The next thing I know the ambulance was called. She however was in and out of the hospital with in an hour. I know she wasn't hurt. However she has sued numerous people for money including Pizza Hutt etc for injuries.

Now I have put up a security camera and an alarm system in the back yard. We caught her on tape poisoning my plants again with over 900 dollars damage estimated. I turned the tape over to the DA office.

Now my daughter and I get a summons for Disturbing the Peace in the April ordeal with the dog! I did call the DA and I guess the neighbors did as well.

Then he charged her with Criminal Mischef for poisoning my plants (and one rabbit that was in a cage by the shed that got poisoned as well and died). But he only valued my garden and rabbit at 200 dollars. That I believe was the lesser of the amount of dollars for Criminal Mischef that he could have charged her with.

Ok sorry for the long post and now I will get to my questions.
According to the Dangerous dog laws: I had the right to kill the dog for coming on to my premises due to the fact it had killed one of my pets in a previous matter and is on police records. They are charging me for disturbing the peace for not returning her dog when she came into the alley to get him. I only detained the dog for the sheriff and had no intent on keeping the dog (I don't blame the dog I blame the owner and would never hurt the dog). I felt it was in my best interest to turn the dog over to the Officer so no false statements could be filed against me AGAIN. My daughter only tried to ward the lady off of me when she attacked me.

Did I have the right to detain the dog until a police officer arrived? If according to the dangerous dog laws I had the right to kill it. Could I hold the dog until the police showed up?
Any and all input would be appreciated on this matter. My good neighbor and I have suffered an awful lot due to these other neighbors. We have tried so hard to stay with in the law boundries but nothing is ever done even when we have absolute proof against these neighbors and they are so bold that the Woman actually poisoned my plants in broad day light as I think she feels it will be "their word against mine agan". Unfortunetly just driving has been a harassment as they will go 1-2 miles an hour down the streets if they are in front of us including sitting at a stop sign for 5 minutes even when no traffic is coming.

On the bright side :) Since she found out we have a camera she just squats and stares out from under the trees and brush on her side of the alley. At this time no more name callings and finger flipping :)

Thank you all for any input If for nothing else but listening!
 


scot4538

Junior Member
Sounds like she was also tresspassing on your property when she fell down; you should have charged her for the Lailacs she fell on. Also, how about splashing your daughter with the hot coffee, that is assult!!!

You claimed the dog killed you bunny, but have not proved it, so it is innocent of that ... you just cant kill someones pet because it came on your property. When the dog is on your property, just call the sheriff office and ask if you can keep it as evidence until they arrive. But you have a camera now ... so why get into all that trouble.

A friend of mine one shot the neighbours dog when it came onto his property and attacked his dog ... his dog had a slashed neck, so no one blamed him. To make a long story short, his neighbour burned his pickup truck in retaliation.

Tell your neighbour that you placed several fox traps in your yard, he will think twice about letting his dog into your yard again.
 

kllyblvn

Junior Member
Well yes actually the report was filed and their two dogs were noted as killing the rabbit with the one dog arrested and impounded. This one was not impounded as the officers could not catch it.
I also took them to small claims court and won a settlement on the rabbit. (I raise show rabbits and they are valued between 75-150 dollars.

For purposes of sections 54-617 to 54-624:

(1) Animal control authority shall mean an entity authorized to enforce the animal control laws of a county, city, or village or this state;

Deleted number 2 it was long and didn't get to the point.

(3) Dangerous dog shall mean any dog that, according to the records of an animal control authority: (a) Has killed or inflicted severe injury on a human being on public or private property; (b) has killed a domestic animal without provocation while the dog was off the owner's property; or (c) has been previously determined to be a potentially dangerous dog by an animal control authority and the owner has received notice of such determination and such dog again aggressively bites, attacks, or endangers the safety of humans or domestic animals. A dog shall not be defined as a dangerous dog if the threat, any injury that is not a severe injury, or the damage was sustained by a person who, at the time, was committing a willful trespass as defined in section 20-203, 28-520, or 28-521 or any other tort upon the property of the owner of the dog, who was tormenting, abusing, or assaulting the dog, who has, in the past, been observed or reported to have tormented, abused, or assaulted the dog, or who was committing or attempting to commit a crime;

She was not charged for tresspassing. She claims that my daughter pushed her on to the property. Again that "my word against yours" Her boyfriend claimed to have thrown ice tea." Again our word against theirs. We even had one other wittness there and no charges were filed because it was our word against theirs.

Section 54-604
Dogs; killing; when permitted.

Any person shall have the right to kill any dog found doing any damage as mentioned in sections 54-601 and 54-602 to any sheep or domestic animal, or if he shall have just and reasonable ground to believe that such dog has been killing, wounding, chasing or worrying such sheep or animal; and no action shall be maintained for such killing.

So my question still stands. Did I have the right to detain this dog. Any information of what I SHOULD have did is redundant at this time as charges have been filed.

Kllyblvn
 

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