Dog attack/how do I protect my dog?

[Esprit64]

Folks: I'd appreciate any advise for protecting my dog when it is about to be attacked.

I want to specifically know what I should do from the time I recognize the dog WILL attack to BEFORE it reaches my dog. I'm not referring to two dogs already engaged in fight.

This is a dog-on-dog aggression situation. The dog doesn't want me, it wants my dog.

I use a hiking stick on my walks. Should I run toward the dog, yell, whip my stick around threateningly, raise my arms? Is it possible to break the focus and the attack before it happens? How do I win the battle before my dog is a casualty? Thanks.

[emmabeth]

Step in front of your dog and keep your dog behind you.

DONT scream or yell/shout or wave your arms around because this won't really impress the potential attacker, and it will upset your dog.

Instead use calm, firm BIG body language, puff out your chest, go a bit more rigid through your body and really hold that 'don't you b... dare' attitude and tell the dog GO. AWAY. really firmly.

If you have a stick you can use it as an extension of your arm to block the other dog, but don't use it to attack with.

If you have food treats you could attempt food-bombing (chucking a handful of food at/behind the approaching dog to get it to move away from you).

[Esprit64]

Thanks, Emmabeth. This was the second time in three weeks my dog has been attacked by some really dangerous dogs. These situations drive me nuts. The owners KNOW their dogs are dog aggressive, but they rationalize that by using a trail "less used," it's OK, it's OK to let them off-leash. Yikes.

[wvvdiup1]

It sounds as though the owner of these "dangerous dogs" are being irresponsible. Since they have been notified by either you or one of your neighbors, and they still haven't done anything about such as keeping their dogs on their property by tying them or putting them in a large enough pen for them to run around in, then the next step is to notify your local authorities before either you, your dog, or someone else (and possibly their dogs) are either bitten or attacked!

[Esprit64]

Dear wvvduip1: Unfortunately, if you file a complaint with the police as I did (I live in Maine USA), your insistence on police taking action against the owner will have your local police chief call you and threaten you with all kinds of things happening as a result of your complaint, i.e., he'll have a mind to close the off-leash dog rules changed to mandatory leashing, he will euthanize the dog, etc. It was quite a surreal call for me to receive. In this state, unless a person is bitten, dog-on-dog bites don't count. Local authorities will not appreciate the dog's potential to do future harm. Our district attorney has too many other serious cases to be bothered with a complaint like yours.

These dog attacks happened in my local park where off-leash dog walking is welcomed. I'm sending a letter to the park's committee that oversees its policies and procedures. If I want to push this further, I'd have to convince my legislator to pass a law.

It's crazy. What makes me nuts about this issue is that owners who know their dogs bite and attack actually bring them to this park, where they know there are many other off-leash dogs, and they allow them to roam free anyway.

[jacksdad]

you could always hire some guard cats....either of these two would probably do the job

Ok, joking aside. If you think the local law enforcement will be useless in this case do as emma's advises. you will be surprised how well it will work. if it doesn't some other options is to try and ummbrella and just open it like a "shield" in the dog's "face". You can also try throwing a hand full of treats at them and moving off while htey are distracted.

[wvvdiup1]

Espirit64, As you can see, I've enclosed your state's dog laws for you to look over in your spare time and I have at least marked the important bits in red. These are laws in which your local law enforcement including your sheriff and local police chief must enforce. I apologize in advance for the long post, but I do hope this will help you should you have no other recourse.

Maine

Title 7. Agriculture and Animals. Part 9. Animal Welfare. Chapter 727. Dangerous Dogs; Chapter 729. Damage by Animals

Statute Details
Printable Version
Citation: ME ST T. 7 § 3951 - 3953; ME ST T. 7 § 3961 - 3964

Citation: 7 M.R.S.A. § 3951 - 3953; 7 M.R.S.A. § 3961 - 3964; 7 M.R.S.A. § 3907

Last Checked by Web Center Staff: 10/10

Summary:
This Maine statutory sections outlines the state's dangerous dog laws. It first provides that any person may lawfully kill a dog if necessary to protect that person, another person or a domesticated animal during the course of a sudden, unprovoked assault. A person who owns or keeps a dangerous dog commits a civil violation for which the court shall adjudge a fine of not less than $250 and not more than $1,000. The dog may be ordered to be muzzled, or euthanized if it has killed, maimed or inflicted serious bodily injury upon a person or has a history of a prior assault. Notably, if a dog whose owner refuses or neglects to comply with the order wounds any person by a sudden assault or wounds or kills any domestic animal, the owner shall pay the person injured treble damages and costs to be recovered by a civil action. The statute sets out the specific procedure for declaring a dog dangerous and the statutory definition of dangerous is also provided by reference to a companion statute.



Statute in Full:
§ 3951. Killing for assault permitted

§ 3952. Keeping a dangerous dog

§ 3953. Stealing, injuring or killing dogs

§ 3961. Reimbursement for damage done by animals

§ 3961-A. Attack on service animal

§ 3962. Repealed. Laws 1993, c. 468, § 18

§ 3962-A. Penalty for damage to livestock or pets by animals

§ 3963. Joint and several liability

§ 3964. Repealed. Laws 1995, c. 351, § 4

§ 3907. Definitions



§ 3951. Killing for assault permitted

Any person may lawfully kill a dog if necessary to protect that person, another person or a domesticated animal during the course of a sudden, unprovoked assault.

CREDIT(S)

1987, c. 383, § 3; 1997, c. 690, § 34.

§ 3952. Keeping a dangerous dog - AMENDED 2009 FOR CORRECTION

This section corrects an internal cross-reference.
Sec. 9. 7 MRSA § 3952, sub-§ 1, ¶ B, as amended by PL 1997, c. 690, § 35, is corrected to read:

<< ME ST T. 7 § 3952 >>

B. Order the dog to be euthanatized euthanized if it has killed, maimed or inflicted serious bodily injury upon a person or has a history of a prior assault.

Former Text:

A person who owns or keeps a dangerous dog commits a civil violation for which the court shall adjudge a fine of not less than $250 and not more than $1,000, plus costs, none of which may be suspended.

1. Procedure. Any person who is assaulted or threatened with imminent bodily injury by a dog or any person witnessing an assault or threatened assault against a person or domesticated animal or a person with knowledge of an assault or threatened assault against a minor, within 30 days of the assault or threatened assault, may make written complaint to the sheriff, local law enforcement officer or animal control officer that the dog is a dangerous dog. For the purposes of this chapter, “domesticated animal” includes, but is not limited to, livestock as defined in section 3907, subsection 18-A.


Upon investigation of the complaint, the sheriff, local law enforcement officer or animal control officer may issue a civil violation summons for keeping a dangerous dog.


If, upon hearing, the court finds that the dog is a dangerous dog as defined in section 3907, subsection 12-D, the court shall impose a fine and shall:


A. Order the dog confined in a secure enclosure except as provided in subsection 8. For the purposes of this paragraph, “secure enclosure” means a fence or structure of at least 6 feet in height forming or making an enclosure suitable to prevent the entry of young children and suitable to confine a dangerous dog in conjunction with other measures that may be taken by the owner or keeper, such as tethering the dangerous dog. The secure enclosure must be locked, be designed with secure top, bottom and sides and be designed to prevent the animal from escaping from the enclosure; or


B. Order the dog to be euthanized if it has killed, maimed or inflicted serious bodily injury upon a person or has a history of a prior assault.


The court may order restitution in accordance with Title 17-A, chapter 54 for any damages inflicted upon a person or a person's property.


1-A. Identification and confinement of dogs. In addition to orders imposed under subsection 1, the court may order that the owner or keeper of a dangerous dog:


A. Provide the animal control officer in the municipality where the dangerous dog is kept with photographs and descriptions of dogs kept by that owner or keeper including the sex, breed, age and identifying markings of each dog;


B. Have dogs kept by that owner or keeper permanently identified by tattooing, microchip placement or other means directed by the court; or


C. Confine other dogs kept on the owner's or keeper's premises as provided in subsection 1, paragraph A and subsection 8.


2. Failure to abide by court order. If the court order in subsection 1, paragraph B, is not complied with within the time set by the court, the court may, upon application by the complainant or other person, issue a warrant to the county sheriff or any of the sheriff's deputies or to a police officer or constable in the municipality where the dog is found, commanding the officer to kill the dog immediately and make a return of the warrant to the court within 14 days from the date of the warrant.


The owner or keeper must be ordered to pay all costs of supplementary proceedings and all reasonable costs for seizure and euthanasia of the dog.


3. Dogs presenting immediate threat to public. After issuing a summons and before hearing, if the dog poses an immediate or continuing threat to the public, a sheriff, local law enforcement officer or animal control officer shall order the owner or keeper of the dog to muzzle, restrain or confine the dog to the owner's premises or to have the dog confined at the owner's expense at a place determined by the sheriff, local law enforcement officer or animal control officer. If the owner or keeper fails to comply, the sheriff, local law enforcement officer or animal control officer may apply to District Court, Superior Court or a justice of the peace for an ex parte order for authorization to take possession of the dog that poses an immediate or continuing threat to the public and turn the dog over to the applicant or other suitable person.


4. Deleted. Laws 1999, c. 350, § 2.


4-A. Ex parte. An order may be entered ex parte upon findings by the court or justice of the peace when:


A. The dog has inflicted a serious bodily injury as defined in Title 17-A, section 2, subsection 23; or


B. There is a reasonable likelihood that the dog is dangerous or vicious and:


(1) Its owner has failed to muzzle, restrain or confine the dog; and


(2) That failure poses an immediate threat of harm to the public.


4-B. Modify order. An order may be modified by the court.


A. Upon 2 days' notice or a shorter period the court may prescribe, the owner whose animal has been possessed pursuant to an ex parte order may appear in the District Court or Superior Court and move the dissolution or modification of the ex parte order.


B. The court shall hear and determine the motion as expeditiously as possible.


C. The owner shall submit an affidavit setting forth specific facts to substantiate the modification or dissolution of the order. The applicant has the burden of presenting evidence to substantiate the original findings.


5. Lien. Any person taking possession of a dog as provided in this section has a lien on that dog in accordance with Title 17, section 1021, subsection 6.


6. Treble damages. If a dog whose owner or keeper refuses or neglects to comply with the order wounds any person by a sudden assault or wounds or kills any domestic animal, the owner or keeper shall pay the person injured treble damages and costs to be recovered by a civil action.


7. Class D crime. If the owner refuses or neglects to comply with an order issued under subsection 1, 1-A or 4-A, the owner commits a Class D crime. The court, as part of the judgment, may prohibit a person convicted under this subsection from owning or possessing a dog or having a dog on that person's premises for a period of time. The prohibition may be permanent.


8. Restriction of movement outside of a secure enclosure. An owner or keeper of a dog confined to a secure enclosure by a court under subsection 1 or 1-A may not allow the dog outside of the secure enclosure unless:


A. It is necessary to obtain veterinary care for the dog or to comply with orders of the court; and


B. The dog is securely muzzled, restrained by a tether not more than 3 feet in length with a minimum tensile strength of 300 pounds and under the direct control of the dog's owner or keeper.


CREDIT(S)

1987, c. 383, § 3; 1987, c. 736, § 6, eff. July 1, 1988; 1989, c. 212; 1997, c. 690, §§ 35, 36; 1999, c. 350, § 2; 2001, c. 399, § 5, eff. June 13, 2001; 2003, c. 71, § 1; 2007, c. 170, §§ 1 to 4, eff. May 25, 2007; 2007, c. 702, § 9; R.R.2009, c. 1, § 9, eff. Oct. 1, 2009.






§ 3953. Stealing, injuring or killing dogs

Except as provided in section 3951 and Title 12, section 12404, and unless the killing is justified to protect persons or property, a person who steals, confines or secretes, willfully or negligently injures or willfully or negligently kills a dog is liable in damages to the dog's owner in a civil action.


CREDIT(S)

1987, c. 383, § 3; 1997, c. 690, § 37; 2003, c. 414, § B-13; 2003, c. 614, § 9.



Maine Revised Statutes Annotated Currentness. Title 7. Agriculture and Animals. Part 9. Animal Welfare. Chapter 729. Damage by Animals.

§ 3961. Reimbursement for damage done by animals

1. Injuries and damages by animal. When an animal damages a person or that person's property due to negligence of the animal's owner or keeper, the owner or keeper of that animal is liable in a civil action to the person injured for the amount of damage done if the damage was not occasioned through the fault of the person injured.

2. Injuries by dog. Notwithstanding subsection 1, when a dog injures a person who is not on the owner's or keeper's premises at the time of the injury, the owner or keeper of the dog is liable in a civil action to the person injured for the amount of the damages. Any fault on the part of the person injured may not reduce the damages recovered for physical injury to that person unless the court determines that the fault of the person injured exceeded the fault of the dog's keeper or owner.

CREDIT(S)

1987, c. 383, § 3; 1999, c. 254, § 8; 2001, c. 220, § 1.



§ 3961-A. Attack on service animal

A person who owns or keeps a dog that attacks, injures or kills a service animal while the service animal is in discharge of its duties commits a civil violation for which a forfeiture of not more than $1,000 may be adjudged.

When a person is adjudicated of a violation of this section, the court shall order the person to make restitution to the owner of the service animal for any veterinary bills and necessary retraining costs or replacement costs of the service animal if it is disabled or killed.

For the purposes of this section, “service animal” has the same meaning as set forth in Title 5, section 4553, subsection 9-D.

CREDIT(S)

2001, c. 220, § 2; 2007, c. 664, § 13.

§ 3962. Repealed. Laws 1993, c. 468, § 18

§ 3962-A. Penalty for damage to livestock or pets by animals

1. Violation. Except as provided in subsection 3, the owner or keeper of an animal that due to negligence of the animal's owner or keeper kills or injures livestock, poultry, domestic rabbits or pets commits a civil violation for which a forfeiture not to exceed $100 may be adjudged in addition to costs.

2. Additional remedy. A person who suffers damage as a result of a violation of subsection 1 may also pursue a civil action against the owner or keeper of the animal pursuant to section 3961.

3. Exception. If the owner or keeper of an animal that kills or injures another animal establishes that the animal that was killed or injured provoked the killing or injury or that the animal that committed the killing or injury was leashed or controlled on the owner's or keeper's property at the time of the killing or injury, then the owner or keeper is not liable under this section or section 3961.

CREDIT(S)

1993, c. 468, § 19; 1995, c. 351, § 2; 1999, c. 254, § 9.

§ 3963. Joint and several liability

If any properly enclosed livestock, poultry , domestic rabbits or pets are killed or injured by 2 or more dogs at the same time and the dogs are kept by 2 or more owners or keepers, the owners or keepers are jointly and severally liable for the damage.

CREDIT(S)

1987, c. 383, § 3; 1995, c. 351, § 3.

§ 3964. Repealed. Laws 1995, c. 351, § 4



Title 7. Agriculture and Animals. Part 9. Animal Welfare. Chapter 717. Animal Welfare Act.

§ 3907. Definitions.



* * *


12-C. Dog. “Dog” means a member of the genus and species known as canis familiaris or any canine, regardless of generation, resulting from the interbreeding of a member of canis familiaris with a wolf hybrid as defined in subsection 30.

12-D. Dangerous dog. “Dangerous dog” means a dog that bites an individual who is not trespassing on the dog owner's or keeper's premises at the time of the bite or a dog that causes a reasonable and prudent person who is not on the dog owner's or keeper's premises and is acting in a reasonable and nonaggressive manner to fear imminent bodily injury by assaulting or threatening to assault that individual or individual's domestic animal. “Dangerous dog” does not include a dog certified by the State and used for law enforcement use.

For the purposes of this definition, “dog owner's or keeper's premises” means the residence or residences, including buildings and land and motor vehicles, belonging to the owner or keeper of the dog.

* * *

CREDIT(S)

1987, c. 383, § 3; 1991, c. 622, § FF-11; 1991, c. 779, §§ 11 to 15, eff. March 31, 1992; Laws 1991, c. 779, § 52; 1993, c. 468, §§ 4, 5; 1993, c. 657, §§ 1 to 11; 1995, c. 351, § 1; 1995, c. 409, §§ 1, 2; 1995, c. 490, §§ 1 to 5; 1997, c. 33, § 1; 1997, c. 456, §§ 1, 2; 1997, c. 690, §§ 4 to 8; 1997, c. 704, § 1; 1999, c. 127, § A-16, eff. May 6, 1999; 1999, c. 350, § 1; 1999, c; 498, § 1; 2001, c. 363, § 1; 2001, c. 399, § 4, eff. June 13, 2001; 2001, c. 422, § 4, eff. June 18, 2001; 2003, c. 334, § 2; 2003, c. 536, § 2; 2003, c. 682, § 3; 2005, c. 510, §§ 1 to 5; R.R.2005, c. 2, § 10, eff. Oct. 1, 2006; 2007, c. 439, §§ 3 to 5.

____________________________________________________________________
http://www.animallaw.info/statutes/stus ... 951_53.htm

For more information:

http://dogbitelaw.com/statutory-strict- ... maine.html
http://www.animallaw.info/statutes/stus ... 1_4162.htm

[Esprit64]

Dear Jacksdad: Thanks so much for sharing those great photos of your attack cats! LOL. They were great! I needed a good laugh today.

Dear wvvduip1: Yikes. I very much appreciate your posting my state's information. It was very kind of you to do that.

Now I know what happened. My local police chief is a little wiesel. He couldn't be bothered sending to the district attorney what he believed was a ridiculous complaint. So, his phone call to me was to say or do anything to intimidate me--he actually stated that he was not authorized to take any action--that if he did push this further, it would result in the dog being euthanized and the owner being brought up on criminal charges. Seems like my small town police chief is quite full of himself and decides to take matters in his own hands, legally or not.

I'll have to think on this situation. Do I nail his hiny to a wall or will I risk getting a speeding ticket every time I leave my driveway? It's an interesting dilemma. Thanks again, wvv, you've been a big help.

[wvvdiup1]

You're quite welcome, Espirit64! It sounds like your police chief needs reminding of what his job is, but that's another matter for another day. I wonder what his position will be when -and I do hope this doesn't happen- someone is attacked by these dogs and are injured or dead? From what you've said, the weasel will probably "weasel" his way out of it. If you can, keep a log of what is going on, the time and date, and whether or not any action was taken that has effected you. Tell your other neighbors to do the same. Actions speak louder than words!

Jacksdad, those pictures you've posted are funny!

[jacksdad]

hehe..I figured you needed a laugh.

In the mean time, don't forget the small claims court option for recovering damages should these dogs cause your to need a trip to the vet.

As for the chief of police, before taking him on direct is considered, might make some discrete inquires from other dog people, local shelters etc. An organization might be able to take him on safer.

The other option, figure out who his boss is. is it the city council, the mayor, the city manager and maybe approach this person.

[wvvdiup1]

jacksdad wrote:As for the chief of police, before taking him on direct is considered, might make some discrete inquires from other dog people, local shelters etc. An organization might be able to take him on safer.

The other option, figure out who his boss is. is it the city council, the mayor, the city manager and maybe approach this person.

True, discretion is advised on ALL levels as any of them could be corrupted!