Shooting dogs is against the law
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“You can’t just shoot a dog because you feel like shooting a dog,” said Andy Anderson of the humane society. “We get lots of reports about dogs being shot, but the attitude we get, even from law enforcement, is it is just a dog. But that’s not true. To many, a dog is like a part of their family.”
Much of the stir was caused by the shooting of a family pet earlier this summer when it escaped from a fenced area and was shot by a neighbor. Judicial commissioners refused to issue a warrant for the shooter.
“If a citizen has probable cause, then they (judicial commissioners) should issue a warrant,” said District Attorney General Dale Potter, when told of the case.
According to Potter, there is a lot of misinformation circulating about when it is legal to kill an animal.
“The only time it is legal to kill a dog is if it is an immediate threat to a person or another animal,” Potter said. “You cannot use self-help to take care of an annoyance by shooting an animal just because it is in or around your property.”
Potter said persons who intentionally kill an animal are subject to criminal prosecution. The charge is a misdemeanor and has, in rare occasions, brought jail time to the offender.
Potter noted destruction of private property still does not give a property owner the right to kill an animal. However, the property owner does have the right to seek relief through the law against an animal which is an annoyance or that destroys property. In such cases, Potter said the victim can take warrants against the animal’s owner, charging the crime of allowing an animal to roam at-large. The crime is also a misdemeanor normally bringing a fine. Both allowing an animal to run at-large and intentional killing of an animal can also bring civil liability.
“The best thing is for folks not to take the law into their own hands,” Potter said. “If there’s a problem with an animal, and it’s not an immediate threat to safety, they need to call authorities and take care of the situation legally.”
While saying the law is clear, Anderson said she would like to see stricter enforcement of the law by authorities. She would also like to see commissioners issue warrants against violators when an animal has been wrongly killed, contrary to what happened in the incident earlier in the summer.