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Vicious Dog in CA

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_muse_

Junior Member
What is the name of your state?California

We own a mastiff. Our neighbor owns a pit bull. The pit bull has a history of digging under the fence and coming into our yard. We never sustained any damages and the pit bull and my dog seemed to get along, so every time it happened we would just shoo the pit bull back in his yard and/or get the neighbors to come get him. We told them they needed to make sure that didnt happen, as I have 4 small children and dont want that pit bull in our yard when they are.

Last week, another dog got into our yard, a smaller collie from down the street. She also dug a whole under our fence (we are on a corner, so the back yard fence in on the street). Our dog never gets out. So this little collie came into my yard, and then the pit bull came into my yard, and attacked and killed the collie. My dog ran and hid in his kennel. It was the most awful vicious thing I have ever seen a dog do, the pit basically ripped the collie's throat out.

I called animal control and made a complaint about the pit bull. The neighbor is angry and says animal control sent her a letter. As far as I know they never came to my house or hers. The neighbors put some concrete bricks at the base of the fence, but last night, the pit was in my yard again.

I am terrified of the pit bull, after watching it kill that little dog. I'm scared to walk through my back yard to the garage where my laundry is. I wont let my children play in the back yard at all, even supervised... what am I going to do if that pit bull attacks one of them?

The neighbor's response to all of this is that his kids love the dog and he cant consider getting rid of it... besides he wants to breed it. The owners of the collie are not in the country legally and are scared of getting involved (even though I explained that immigration has nothing to do with animal control). They are used to living in a country where bringing in the authorities only brings trouble. I do have other witnesses, my other neighbors also witnessed the pit bull kill the collie from their yard.

What are my options? I have lost the use of my back yard! How can I get animal control to impound the dog? Who else can I call? The police refer me to animal control. Should I call the city attorney? Surely I dont have to wait until that pit bull has injurred another animal or -God forbid- a child. Two of my children are smaller than that collie it killed.

Help! How do I get rid of this vicious dog?
 


Just Blue

Senior Member
Keep calling Animal Control ...every time you see this dog loose...give them a call. Did you call to see what action (if any) they took regarding the attack?
 

bdancer

Member
And when you call animal control be sure to emphasize that this animal has already viciously killed another dog and that you are REALLY afraid.

In fact, I think I'd call the police if it showed up in my backyard again. I'd make a big squeek over that!
 

_muse_

Junior Member
In CA, I can shoot the dog if its attacking me or my children... under any other circumstance its illegal... even if its destroying my animal. But hey, I can get botox at the drive through window, though... here's to California living :confused: .

I have called animal control umpteen times... and I will keep doing so until the dog stays in his yard or they haul him off. I havent seen him in several days, so I hope that means his owners have contained him. I was told animal control contacted the owners and sent written notification that if the dog bites/kills another animal in the next 36 months (good freakin grief) they will start "vicious animal" hearings, etc. My only other consolation is that animal control and/or the police can decide the animal poses an immediate threat and impound it... so far no one has used their discretion in that way... after all, Im just a hysterical mom, right?

I am still horrified that CA law says an animal can kill the first animal for free... nothing happens until it kills a second time. However leash laws apply when it gets out of its yard. Thanks everyone for your suggestions.
 
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You could get a bb gun. You also might want to think about putting something on your side of the fence that will keep it from digging its way to your yard. I was thinking barbed wire but your dog might get hurt by it.
 

HappyHusband

Senior Member
Hopkins306 said:
You could get a bb gun.
Yes! Why didn't I think of that?

Buy a BB gun, and the next time you see the dog in your yard, begin shooting it with the BB gun. The dog will become so enraged by the BBs bouncing off its hide, that it will begin to attack the nearest person!
Then, BLAM!, you shoot it with a real gun (preferably a 12 ga shotgun, but the ladies may prefer the 20 ga).
End of vicious dog, and you were legally in the right.
 

Shel77

Member
I do have a question; you said the law states that you can only shoot the dog if it is attacking a human. Does the dog actually have to attack or just be attempting to attack? In other words lets say your child is outside in the backyard and the dog begins to chase her and corners her, knowing that this dog is vicious and having personally seen it attack and kill another living thing do you have the right to shoot it or do you have to actually wait until the dog has begun to maul your kid?

Personally I would find out what the penalty was for shooting the dog while in your backyard if you feel as though it is threatening you or your children, in most cases I would assume the owner would sue you for the worth of the dog, I would think a pit bull who has killed another dog in your yard would not be worth allot in the eyes of a judge. Either way I would do a bit more asking around as to the specifics of the law; I would think that more so that killing the dog would be to find out about discharging a firearm in your area. Either way I would find a way to shoot or poison the dog before I would go another day living with my children next door to a vicious monster like that.
 

HappyHusband

Senior Member
Shel77 said:
to find out about discharging a firearm in your area.
Yeah, you will most likely be ticketed for discharging a firearm (depends on how the cops feel that day), but at least the dog would be DEAD.




Shel77 said:
Either way I would find a way to... poison the dog
Well, that's just cruel.
 

Shel77

Member
IMHO it would only be "cruel" if the OP simply did not like the dog based on the breed or the fact that it constantly finds its way into Op's yard. However, in this situation she has to think of the apparent threat that this animal is to her and her family. She has also had the right to enjoy her property taken away, she is actually frightened to go and wash her clothes, needless to say allow her children to play outside. The neighbor must not care about the wale fare of the dog too terribly much otherwise he would find a way to contain his dog who is to be considered a legally "vicious animal" if he attacks again, I would assume the only reason he has not done it again is because the opportunity has not presented itself, OP's dog is obviously too large for the pit-bull to take on. You also have to consider that this might not be the first time this dog has killed another animal as well. I think that the loss of the dog should be the least of the OP or the neighbor for that matter concern. I would think protecting the children should be the top priority.
 

Just Blue

Senior Member
Okay..rather than grabbing the arsenic or the shotgun...how about suing the neighbors?? I would think you might have a small claims case...not being able to use, for fear of your well being, your yard. Get the reports from the police and Animal Control and go on Judge Judy.
She hates bad pet owners! And the thought of a lawsuit might get the owners off thier a$$ and buy a lead for this mutt!!
Or...just an idea...dig a 4 foot ditch along the fence and fill with cement, the dog would have a hard time digging through that!
 

Shel77

Member
Yep, and while you are waiting for Judge Judy to take your case, hopefully you won't loose one oof your children to the "monster"! Good Luck :rolleyes:
 

ms.magoo

Member
Whatever you do, please DO NOT poison any animal !!! My bad neighbour poisioned our beautiful an totally non dangerous family dog, an it was the worst week-end of my life watching an trying our best to save his life. Also that same bad neighbour, built a live animal cage with bait in it. So if any of the dogs in the neighbourhood came onto his land, it would walk into the live cage an get caught in it. So maybe this might be some way to get that vicious pitbull caged an safe to handle. Then take the fricken thing far away an let it go. Or call up the animal control an have them come to your yard an take that bad dog away. Let them see with their own eyeballs that this vicious animal continues to terrify you an your family members and that you are now demanding that they do something about it. Oh an at the same time, call the police up as well an let them witness the scene, (make sure they make a file on it too ) of the now caged pitbull, in your yard. Also, demand that the owners of that pitbull be made to put up a sturdy dog run with a heavy lead chain to keep that pitbull contained to his own yard. It's kind of too bad you didn't have a rifle when the pitbull did the first dog killing in your backyard, then you could of shot the pitbull on the spot. Regardless of any kind of firing a fire arm offense, it would be accepted. Maybe you'd of gotten a wee fine, but any Judge would of thought it reasonable, considering the threat to your family an animal.
 

rmet4nzkx

Senior Member
Capture the dog next time it digs into your yard and take him to a county animal control several counties away from you and hope he doesn't have a chip. Be sure to have something to muzzel it.
 

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