Dangerous Dogs

[notyourmomma]

Recently, several neighbors and I have been involved in a pretty bad situation with a set of dogs.
They have a history of being at large, unattended to, and creating havoc. The latest incident involved the death of another neighbor animal, an unprovoked attack, and then law enforcement having to discharge a weapon to protect themselves from attack.

There was a hearing to determine the severity, and if the animals could be labeled under the dangerous dog declaration.
The judge did not allow for those who filed opportunity to speak or present information.
He did not review the police reports.
The officer involved (who dicharged the weapon), did not arrive at the hearing to provide testimony.

The judge ruled in favor of the dogs, siting not enough evidence.

My question is, can a hearing such as this be appealed??
This is in Texas

 

[sally1]

Trap dogs or shoot and dispose of. Law allows the killing of a dog if it is a threat to you or your livestock. You can not hurt them to discourage them from yard. Shoot to kill or trap and take to pound.

Suprised the officer did not shoot it when attacked!

 

[TinkerBelleLuvr]

There are laws that we must abide by in regards to SHOOTING animals. Are they in town? Etc, etc. We cannot arbitrarily tell someone to shoot the animals.

If the animals are seen running around the neighborhood, CALL animal control and document the time and location that the dogs were seen. We have a problem with the two dogs next door, but they are totally sweet animals, just awful owners. Animal Control states that you must document the time & location of where the animals were seen, along with the address of the owners. If you have a phone number for the bad owners, provide that also so that the owners can be called. Yes, this is a lot of work for folks who don't let their dogs run loose, but eventually, they can get hauled in front of a judge.

 

[stmfitr636]

Health and Safety Code. Title 10. Health and Safety of Animals. Chapter 822. Regulation of Animals. Subchapter A. Dogs That Are a Danger to Persons.



§ 822.013. Dogs or Coyotes That Attack Animals


(a) A dog or coyote that is attacking, is about to attack, or has recently attacked livestock, domestic animals, or fowls may be killed by:

(1) any person witnessing the attack; or

(2) the attacked animal's owner or a person acting on behalf of the owner if the owner or person has knowledge of the attack.

(b) A person who kills a dog or coyote as provided by this section is not liable for damages to the owner, keeper, or person in control of the dog or coyote.

(c) A person who discovers on the person's property a dog or coyote known or suspected of having killed livestock, domestic animals, or fowls may detain or impound the dog or coyote and return it to its owner or deliver the dog or coyote to the local animal control authority. The owner of the dog or coyote is liable for all costs incurred in the capture and care of the dog or coyote and all damage done by the dog or coyote.

(d) The owner, keeper, or person in control of a dog or coyote that is known to have attacked livestock, domestic animals, or fowls shall control the dog or coyote in a manner approved by the local animal control authority.

(e) A person is not required to acquire a hunting license under Section 42.002, Parks and Wildlife Code, to kill a dog or coyote under this section.

 

[tranquility]

To appeal a finding of fact, you must be able to prove the judge had no way to find how he did. That is a high hurdle which you will not surmount.

 

[HuAi]

Doesn't seem like this gives you immunity from criminal prosecution for discharge of a firearm within city limits:


Sec. 42.12. DISCHARGE OF FIREARM IN CERTAIN MUNICIPALITIES. (a) A person commits an offense if the person recklessly discharges a firearm inside the corporate limits of a municipality having a population of 100,000 or more.(b) An offense under this section is a Class A misdemeanor.(c) If conduct constituting an offense under this section also constitutes an offense under another section of this code, the person may be prosecuted under either section.(d) Subsection (a) does not affect the authority of a municipality to enact an ordinance which prohibits the discharge of a firearm.

 

[nextwife]

Health and Safety Code. Title 10. Health and Safety of Animals. Chapter 822. Regulation of Animals. Subchapter A. Dogs That Are a Danger to Persons.



§ 822.013. Dogs or Coyotes That Attack Animals


(a) A dog or coyote that is attacking, is about to attack, or has recently attacked livestock, domestic animals, or fowls may be killed by:

(1) any person witnessing the attack; or

(2) the attacked animal's owner or a person acting on behalf of the owner if the owner or person has knowledge of the attack.

(b) A person who kills a dog or coyote as provided by this section is not liable for damages to the owner, keeper, or person in control of the dog or coyote.

(c) A person who discovers on the person's property a dog or coyote known or suspected of having killed livestock, domestic animals, or fowls may detain or impound the dog or coyote and return it to its owner or deliver the dog or coyote to the local animal control authority. The owner of the dog or coyote is liable for all costs incurred in the capture and care of the dog or coyote and all damage done by the dog or coyote.

(d) The owner, keeper, or person in control of a dog or coyote that is known to have attacked livestock, domestic animals, or fowls shall control the dog or coyote in a manner approved by the local animal control authority.

(e) A person is not required to acquire a hunting license under Section 42.002, Parks and Wildlife Code, to kill a dog or coyote under this section.

There are counties in which the discharge of a firearm is itself illegal.

 

[Banned_Princess]

Who said the animal must be killed by firearm???



There is more then one way to skin a cat as the saying goes. . .

 

[nextwife]

Who said the animal must be killed by firearm???



There is more then one way to skin a cat as the saying goes. . .

One would hope poisons would not be used, as pets or beneficial wildlife could be affected.