pepper spraying an approaching dog and owner

[mitgr5200@yahoo]

What is the name of your state? Michigan

This hasn't happened...yet.
I jog at a city park on the jogging/walking path. Dogs are allowed on a leash. There are leash laws in the city, as well as rules posted at the park. People routinely walk their dogs off leach. I have contacted the city, and they seem co operative, but they aren't able to prevent this. My question: If I adopt a policy that I will pepper spray any dog that approaches me off leash within a distance of 5 feet, while at the park, am I liable for any action against me from any thing that may arise? Also, if I pepper spray the owner if he gets threatening, after getting mad that I sprayed his dog , am I still in the clear? I realize that I can go to another park, but, it seems dog owners think they know what is best. I have tried to tell the offenders that the dog belongs on a leash, but I get resposes like, "he isn't bothering anyone" to "mind your own business." Obviously the police have a lot better things to do than enforce the leash law.What is the name of your state?

 

[enjay]

Wow, you are pretty mean.

 

[Zigner]

Yes - you could be liable.
Find another place to jog.

 

[mitgr5200@yahoo]

Zigner, please explain. This problem exists in probably all parks. Going to another park will not solve the issue. The park has the path for jogging. Do you suggest people let others who don't obey the law dictate how law abiders live? In order to avoid liablity, must I wait until I get bit to react? My reply is not meant to be sarcastic in any way. As for the peerson that called me mean, I really am not, I am just trying to figure a way not to be harrased by dogs. I even had a dog grab me by the ankles once, while the owners were sitting on the porch 30 feet away.

 

[You Are Guilty]

Zigner, please explain. This problem exists in probably all parks. Going to another park will not solve the issue. The park has the path for jogging. Do you suggest people let others who don't obey the law dictate how law abiders live? In order to avoid liablity, must I wait until I get bit to react? My reply is not meant to be sarcastic in any way. As for the peerson that called me mean, I really am not, I am just trying to figure a way not to be harrased by dogs. I even had a dog grab me by the ankles once, while the owners were sitting on the porch 30 feet away.

If you are being physically attacked (by dog or owner), you have the right to defend yourself using appropriate force (i.e. you can't shoot someone who pushed you). On the other hand, if you go around the park, willy-nilly macing dogs that are 5' away from you because they are off the leash, that's no different than me walking along cars stopped at a red light and punching every driver who isn't wearing a seat belt in the face. (They're breaking the law, too).

I can guarantee that if you follow your "plan", you will be getting a a gift from the local police - a beautiful set of shiny silver bracelets.

 

[noisefrazzle]

No legal advice here, but wanted to say I had the same situation. I actually had to give up walking in the woods in one of RIs state parks. Three times, three different dogs approached me aggressively. All were off leash and in two instances the owners were out of sight around a bend. What kind of inconsiderate moron lets his/her dog run around a public place off leash? I carry spray with me now when I bike/hike in different parks and will not hesitate to spray a dog who comes near me aggressively. If you don't want your dog sprayed, keep it on a leash, under your control.

Also, there was a case in RI recently where some old guy sprayed an unleashed dog on a beach. The dog was not near him in any way but the man was fed up with people not obeying leash laws and always having to be on the lookout for bothersome dogs. I don't advocate attacking a dog that is minding its own business - even if it is off leash. but the incident had the happy side effect of causing all the public beaches to severely crack down on the dolts who trot around with unleashed dogs.

NF

 

[mitgr5200@yahoo]

spraying

youare guilty, you are not a lawyer are you, I think you are a moron. Pepper spraying a threatening dog while I am doing something proper is the same as going to a car stopped at a light? You sound like a complete idiot.
And tell me what law that would be broken by spraying a dog that has acted agressively towards me in a public park please. I would be very interested.

 

[mitgr5200@yahoo]

thanks

Thanks Frazzel, at last, someone with common sense insteat of a smart a** attitude

 

[enjay]

It's one thing to pepper spray an aggressive dog. It's another, altogether, to have a policy of spraying any dog that gets within some predetermined space.

Let's say I'm a woman (I am!) and I have a habit of jogging at dusk (I do!). Let's also say that I'm a bit leery of being alone so I carry pepper spray. Under your scenario, anyone who gets close to me could be a predator so I can justifiably pepper spray anyone who jogs by, coming within a few feet of me. All I have to say in my defense is that I felt threatened by someone being near me even though that person did nothing aggressive.

Same thing with animals. If they are aggressive, spray away. Otherwise stop being ridiculous.

 

[mitgr5200@yahoo]

are you saying that a legal jogger and an unleashed dog have no distiction?

 

[mitgr5200@yahoo]

and am I right in thinking that the determining fact in court would be on wether or not I convince the judge that he seemed threatening? In other words, if the judge thought I was being rediculous, I am wrong, but if I convinced him the dog seemed threatening I wouldn't be liable?

 

[enjay]

As You Are Guilty pointed out, you are allowed to defend yourself. You aren't allowed to abuse people or animals just to make a point or to make yourself feel better. You have a problem with unleashed animals so you decide to practice vigilante justice. Nice.

Do you really not understand that or are you being contrary just for the heck of it?

 

[fairisfair]

ummm...... I am voting contrary for the heck of it.

Mitgr5200, No wonder dogs don't like you.

 

[xylene]

A dog is an animal, a piece of property.

I hate to break it to you animal / dog lovers.

It is NOT assault to pepper spray a dog.

Depending on the circumstances it could be animal cruelty.

You may have civil liability if the dog is injured.

Given that pepper spray is non-toxic and non-injurious, it is very unlikely for their to be any cause of action against you.

Some meat-head will probably threaten action, but the pain reflex of an animal is just not something you can sue for (THANK GOD.)

I think your plan of arbitrary spraying is stupid.

I would also worry about getting punched for pepper spraying a dog without provocation.

In fact, knowing most dog owners, I would worry about it even if the dog had bitten you.

 

[Zigner]

It really doesn't matter what ANYONE says in here...OP has made up his mind and didn't come here for advice. Rather, he can for reinforcement.