Dogs running loose

What are the rules in TN, and more specifically Montgomery County regarding dogs running loose on your property? I know where I grew up in PA after an incident in which I shot a dog that had jumped up on my grandfather causing him to fall and break his collar bone the police were called by the dogs owner. There the state trooper informed me as well as the dogs owner that I was well within my rights to have done so. He also said the dog didn't need to be aggressive to warrant such a response, simply being on our land was all that was needed. That dog wasn't aggressive, it just wanted to play but in doing so injured my grandpa severely. Fast forward to here and now, I live outside city limits, and there are some dogs that the owners let loose, sometimes all day. They come into my yard and crap, tear up our flower beds, get into anything that even remotely smells like it may be food and scatter it everywhere, and are generally a nuisance. I have talked to some of the owners about it, and the response I got from one in particular was "my dog never leaves my yard and is only ever out for a few minutes at a time" even after I showed them multiple pictures of it in my yard damaging my property. One friend suggested calling animal control, which answered if we have a chance we will try to get out that way sometime. For now I have thought about trying for nut shots with my sons airsoft gun, but that doesn't seem to be a long term solution. I have considered some other options, but none of them seem feasible at this time.

Does anyone know if it would be legal to shoot the dogs as long as it could be done safely without endangering any people or property. I know this is a sensitive subject and if it isnt proper to have here please feel free to delete it, if you aren't comfortable replying here please feel free to take it to pm's. So far no physical action against the dogs have been taken, I am just exploring my options.

TENNESSEE CODE ANNOTATED
© 2012 by The State of Tennessee
All rights reserved

*** CURRENT THROUGH THE 2011 REGULAR SESSION ***

Title 39 Criminal Offenses
Chapter 14 Offenses Against Property
Part 2 Animals

Tenn. Code Ann. § 39-14-205 (2012)

39-14-205. Intentional killing of animal.

(a) (1) (A) It is an offense to knowingly and unlawfully kill the animal of another without the owner's effective consent.

(B) A violation of subdivision (a)(1)(A) is theft of property, graded according to the value of the animal, and punished in accordance with § 39-14-105.

(2) In determining the value of a police dog, fire dog, search and rescue dog, service animal or police horse under § 39-14-105, the court shall consider the value of the police dog, fire dog, search and rescue dog, service animal or police horse as both the cost of the animal and any specialized training the animal received.

(b) A person is justified in killing the animal of another if the person acted under a reasonable belief that the animal was creating an imminent danger of death or serious bodily injury to that person or another or an imminent danger of death to an animal owned by that person. A person is not justified in killing the animal of another if at the time of the killing the person is trespassing upon the property of the owner of the animal. The justification for killing the animal of another authorized by this subsection (b) shall not apply to a person who, while engaging in or attempting to escape from criminal conduct, kills a police dog that is acting in its official capacity. In that case the provisions of subsection (a) shall apply to the person.

HISTORY: Acts 1989, ch. 591, § 1; 1996, ch. 927, §§ 1, 2; 2004, ch. 957, § 1; 2007, ch. 466, § 1; 2008, ch. 1172, § 1.


Your best bet is to get animal control involved or the sheriffs dept if they handle that in the county. The owners are liable for your damages, but you aren't justified under the law unless there is a danger to a person or an animal you own.

There is a state wide leash law.

As much as I love dogs, I despise those owners who won't keep theirs controlled. I think that IF you decide to thin the pack some, A) use a suppressor so no one will hear you shooting; & B) don't tell the owner what you did, this will save hard feelings and/or revenge from them.


My .o2

See if you can find a cheap paintball gun. One nice thump on the hind quarter, hopefully the pest will learn not to return.

It would also serve to mark the animal, too. That way, it can be definitely identified for his insurance company when you file your damage claim.
It would be even better if you had video of your marking it while it was engaged in destructive behaviour on your property.

A .22 rat shot round out of a handgun––at some distance, too––after all, you want to educate, not harm, the critter––can work wonders. They're hard to
find, but worth having for pest control. I once trained a cat that way, with no permanent harm. Still have the other 49 rounds in the box...

[Standard disclaimer: I"m not a lawyer, don't play one on TV, nor did I sleep at a Holiday Inn Express last night.]

David

Tenn. Code Ann. § 44-17-201 (Copy w/ Cite)
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Tenn. Code Ann. § 44-17-201


TENNESSEE CODE ANNOTATED
© 2012 by The State of Tennessee
All rights reserved

*** CURRENT THROUGH THE 2011 REGULAR SESSION ***

Title 44 Animals And Animal Husbandry
Chapter 17 Dogs and Cats
Part 2 Dogs Killing Livestock

Tenn. Code Ann. § 44-17-201 (2012)

44-17-201. Owners of dogs are liable for livestock killed.

Where any dog shall kill, or in any manner damage, any livestock in this state, the owner or harborer of such dog shall be liable, in an action for damage, to the owner of such livestock.

HISTORY: Acts 1859-1860, ch. 45, § 1; Shan., § 2871; mod. Code 1932, § 5105; Acts 1949, ch. 262, § 1; C. Supp. 1950, § 5105; T.C.A. (orig. ed.), § 44-101.



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Tenn. Code Ann. § 44-17-202


TENNESSEE CODE ANNOTATED
© 2012 by The State of Tennessee
All rights reserved

*** CURRENT THROUGH THE 2011 REGULAR SESSION ***

Title 44 Animals And Animal Husbandry
Chapter 17 Dogs and Cats
Part 2 Dogs Killing Livestock

Tenn. Code Ann. § 44-17-202 (2012)

44-17-202. Ignorance of dog's habits is no defense.

Ignorance of the vicious habits or character of the dog on the part of its owner shall be no defense in actions arising under § 44-17-201.

HISTORY: Acts 1859-1860, ch. 45, § 2; Shan., § 2872; Code 1932, § 5106; T.C.A. (orig. ed.), § 44-102.




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Tenn. Code Ann. § 44-17-203 (Copy w/ Cite)
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Tenn. Code Ann. § 44-17-203


TENNESSEE CODE ANNOTATED
© 2012 by The State of Tennessee
All rights reserved

*** CURRENT THROUGH THE 2011 REGULAR SESSION ***

Title 44 Animals And Animal Husbandry
Chapter 17 Dogs and Cats
Part 2 Dogs Killing Livestock

Tenn. Code Ann. § 44-17-203 (2012)

44-17-203. No damages recoverable for killing or injuring such dog.

In an action for damages against a person for killing or injuring a dog, satisfactory proof that the dog had been or was killing or worrying livestock constitutes a good defense to such action.

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Tenn. Code Ann. § 44-8-408 (Copy w/ Cite)
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Tenn. Code Ann. § 44-8-408


TENNESSEE CODE ANNOTATED
© 2012 by The State of Tennessee
All rights reserved

*** CURRENT THROUGH THE 2011 REGULAR SESSION ***

Title 44 Animals And Animal Husbandry
Chapter 8 Fences and Confinement
Part 4 Running at Large

Tenn. Code Ann. § 44-8-408 (2012)

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.

(b) 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.

(c) 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 (c)(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.

HISTORY: 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.






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Tenn. Code Ann. § 44-8-410 (Copy w/ Cite)
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Tenn. Code Ann. § 44-8-410


TENNESSEE CODE ANNOTATED
© 2012 by The State of Tennessee
All rights reserved

*** CURRENT THROUGH THE 2011 REGULAR SESSION ***

Title 44 Animals And Animal Husbandry
Chapter 8 Fences and Confinement
Part 4 Running at Large

Tenn. Code Ann. § 44-8-410 (2012)

44-8-410. Bitches to be confined while proud.

Every owner of a bitch is required to confine the same for twenty-four (24) days during the time the bitch is proud.

HISTORY: Acts 1901, ch. 122, § 1; Shan., § 2853a1; Code 1932, § 5083; T.C.A. (orig. ed.), §§ 44-1410, 44-8-110.



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Tenn. Code Ann. § 44-8-411


TENNESSEE CODE ANNOTATED
© 2012 by The State of Tennessee
All rights reserved

*** CURRENT THROUGH THE 2011 REGULAR SESSION ***

Title 44 Animals And Animal Husbandry
Chapter 8 Fences and Confinement
Part 4 Running at Large

Tenn. Code Ann. § 44-8-411 (2012)

44-8-411. No liability for killing proud bitch at large.

Any person crippling, killing, or in any way destroying a proud bitch that is running at large shall not be held liable for the damages due to such killing or destruction.

HISTORY: Acts 1901, ch. 22, § 2; Shan., § 2853a2; mod. Code 1932, § 5084; T.C.A. (orig. ed.), §§ 44-1411, 44-8-111.

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Tenn. Code Ann. § 44-8-412


TENNESSEE CODE ANNOTATED
© 2012 by The State of Tennessee
All rights reserved

*** CURRENT THROUGH THE 2011 REGULAR SESSION ***

Title 44 Animals And Animal Husbandry
Chapter 8 Fences and Confinement
Part 4 Running at Large

Tenn. Code Ann. § 44-8-412 (2012)

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Tenn. Code Ann. § 44-8-413


TENNESSEE CODE ANNOTATED
© 2012 by The State of Tennessee
All rights reserved

*** CURRENT THROUGH THE 2011 REGULAR SESSION ***

Title 44 Animals And Animal Husbandry
Chapter 8 Fences and Confinement
Part 4 Running at Large

Tenn. Code Ann. § 44-8-413 (2012)

44-8-413. Civil liability for injury caused by dogs.

(a) (1) The owner of a dog has a duty to keep that dog under reasonable control at all times, and to keep that dog from running at large. A person who breaches that duty is subject to civil liability for any damages suffered by a person who is injured by the dog while in a public place or lawfully in or on the private property of another.

(2) The owner may be held liable regardless of whether the dog has shown any dangerous propensities or whether the dog's owner knew or should have known of the dog's dangerous propensities.

(b) Subsection (a) shall not be construed to impose liability upon the owner of the dog if:

(1) 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;

(2) The injured person was trespassing upon the private, nonresidential property of the dog's owner;

(3) The injury occurred while the dog was protecting the dog's owner or other innocent party from attack by the injured person or a dog owned by the injured person;

(4) The injury occurred while the dog was securely confined in a kennel, crate or other enclosure; or

(5) The injury occurred as a result of the injured person enticing, disturbing, alarming, harassing, or otherwise provoking the dog.

(c) (1) If a dog causes damage to a person while the person is on residential, farm or other noncommercial property, and the dog's owner is the owner of the property, or is on the property by permission of the owner or as a lawful tenant or lessee, in any civil action based upon such damages brought against the owner of the dog, the claimant shall be required to establish that the dog's owner knew or should have known of the dog's dangerous propensities.

(2) The element of proof required by subdivision (c)(1) shall be in addition to any other elements the claimant may be required to prove in order to establish a claim under the prevailing Tennessee law of premises liability or comparative fault.

(d) The statute of limitations for an action brought pursuant to this section shall be the same as provided in § 28-3-104, for personal injury actions.

(e) As used in this section, unless the context otherwise requires:

(1) "Owner" means a person who, at the time of the damage caused to another, regularly harbors, keeps or exercises control over the dog, but does not include a person who, at the time of the damage, is temporarily harboring, keeping or exercising control over the dog; and

(2) "Running at large" means a dog goes uncontrolled by the dog's 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.

HISTORY: Acts 2007, ch. 276, § 1.



44-8-412. Violation of § 44-8-410 a misdemeanor.


A violation of § 44-8-410 is a Class C misdemeanor.



HISTORY: Acts 1901, ch. 22, § 3; Shan., § 2853a3; Code 1932, § 5085; T.C.A. (orig. ed.), §§ 44-1412, 44-8-112; Acts 1989, ch. 591, § 113.

There are the applicable laws pertaining to dogs, the term "Proud Bitch" in the TCA refers to a female dog in the prime reproductive cycle AKA "in heat", fertile, ovulation cycle. Lets be adults here. OP I hope this helps more than confuses.

This works really well. Did it to a nieghbors dog and it went home and jumped up on their new leather couch.
They got a new enclosed backyard fence ASAP.

I may have to read through it one or two more times, but I am sure it will make sense soon.

As far as the proud bitch part, he has two of them, his wife and adult daughter. He is actually a decent fellow, but is rarely home due to work, but shoot if I had his wife and 20 something daughter in the house I would find a job that kept me away as much as possible too. They call the police about anything and everything, but get upset if you say something to them about the 2-3 loud cursing matches they have in the front yard every week or the big fights over baby daddy drama. I would say the cops show up there about once every other month looking for someone who has a warrant out on them, or who knows what else. Sometimes it is quite entertaining. Just last night they went off on my son, another boy, and the other boys grandparents for saying shit outloud while playing basketball on the cul de sac in front of one of the little fatherless kids, and in front of said child preceded to yell at my sons friends grandma to f'n mind their own gd business or she was going to come over there and f them up and all sorts of other foul language. I think the only word the didn't use was shit, I guess because that's what they were upset about my son saying lol. I was at another neighbors house and missed it, but got a recap from my son later on.

The dozen or so pits they keep chained in the back yard never get loose or cause problems, it is a tiny little fuzz ball thing that comes over and messes up my yard.

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