Animal Law Help!! Idaho

[averypeng]

Five days ago I watched my backyards neighbors pitbull nawing on my 7 lbs. shihtzu. He had his whole head in his mouth! I ran over to their house, noone was home, so I ran back home to look back over the fence. The dog was carrying my dog around like a ragdoll. I could not do anything because the fence was between us. From the looks of it he had killed my dog. When the police arrived, he asked questions and we waited for animal control to arrive. 15 minutes must have passed. They headed over to this house, noone was still home, but my dog was no where to be found. Police nor animal control went onto the property to look for my dog, maybe he was buried, etc.. Three days passed before anyone could get into this yard to look for my dog. We still have not been able to find duke, I am devestated and upset with the way things were handled. We have had problems with this dog before, butting his head through our fence and and being vicious towards our dogs. We have talked ith the owners to fix the problem, because we were scared this would happen. All they did was put chicken wire around the hole he already made. This dog has attacked other dogs, and has been a neusence. They tell me I can't do anything about it because there is no evidence of my dog. Anyone who owns a pet kows they are like your children, i know what I saw that day and I am furious!! This should not be allowed, and I don't know or can't find many laws on animals. I brought this dog home after my 13 month old son passed away to help with the greiving process and now hes gone to. I need someones help who may know anything about any laws in Idaho. Thanks a bunch. Dawn Tyburski

[Baystategirl]

Are you saying that your dog was taken (by pitbull) into the neoghbors yard and killed there?

[averypeng]

Since I did not actually see the dog grab Duke I'm not sure how it happened, my assumption is Duke was by the hole and since he has one eye he was grabbed by the pitbull and pulled through the fence. Even if Duke would have wandered in their yard, this would not have happened if they would have controlled their dog like we asked nicely. It may change the fact of how things are, but I'm just in a bind and not at peace with the situation. Thanks, Dawn

[seniorjudge]

Are you saying that you knew the bad dog had broken through the fence before and that you had problems with him before ("...We have had problems with this dog before, butting his head through our fence and and being vicious towards our dogs....") but you put your dog outside by himself and all alone?

[Baystategirl]

Since I did not actually see the dog grab Duke I'm not sure how it happened, my assumption is Duke was by the hole and since he has one eye he was grabbed by the pitbull and pulled through the fence. Even if Duke would have wandered in their yard, this would not have happened if they would have controlled their dog like we asked nicely. It may change the fact of how things are, but I'm just in a bind and not at peace with the situation. Thanks, Dawn

You have an obligation to keep control of your animal at all times. If your dog goes into another yard and is killed, that is your responsibility. If there was a hole in the fence you had a responsibility to fix it, for your dogs safety. I'm sorry for the loss of your dog, I realize you are upset. But the way I see it, this is not the fault of the other owner.

[averypeng]

Everytime this dog would put holes in our fence we would fix them, so he could not get to our dogs. There were no new holes in the fence, so yes I out my dogs in the backyard like we do everyday for 5-10 minutes. it's not like we had all these holes in our fence from this dog and would leave them, we fixed them eveytime to try to prevent this. And when you call the cops and animal control, they do nothing and tell us we can't do anything, theres not mych else you fell you can do. Even now feeling helpless because we can't do anything. Thanks

[seniorjudge]

avery, if you put your dog in harm's way, expect harm.

[Stridor]

While I can agree with what you say seniorjudge. Isn't there a reasonableness clause somewhere in that? I mean is it really reasonable to repeatedly have to repair a fence that a neighbors animal destroys because they will not control that animal? I look at it like a child, if my child goes out and cuts holes in a fence I will have to make restitution on that. My neighbors can not be expected to repair this fence everyday, check for holes in it every couple of hours etc. Even the United States Border Patrol takes a couple of days to repair a fence.

[mommyof4]

In which case, she could have sued in small claims court to force the neighbor to repair the fence. Unfortunately, in this case, the authorities are correct. She cannot prove her dog was even absconded with by the pit bull. Even if she could prove it, she cannot prove that her dog did not wander onto their property. I am not unsympathetic. I think this is horrible. Legally, however, until she can prove that the pit bull came onto her property (even if that is just the dog sticking his head through the fence), grabbed the dog, and killed the dog, there is no case. If the fence was in disrepair or she reasonably knew that the pit bull would chew through the fence (obviously) then she should have taken whatever steps necessary to ensure that the pit bull could not get to her dog, even if that meant putting the dog on a leash and taking the dog out into the front yard or for a walk.

OP, I am sorry for your loss, both your child and the puppy.

[patriot1123]

Dawn, whatever the answers may be, I am very sorry for both of your losses.

[Stridor]

Man, I really wish people would control their animals, especially when they know they are aggressive. OP, sorry about your dog, I had to have a pet put to sleep and it broke my heart, and that isn't anything like what you saw.

[jessiceblair]

First off, I just want to say I'm so sorry for what happend. That is so unnessary. Idaho LAWS when it comes to your PETS, they could careless. Last year, in CDA ID I lived in Hayden. Three kids that were in their teens, took my cat by her tail, and was swinging her around like a fan in the air. After that, they beat her with sticks. I came running out, and they took off. She was PERFECTLY fine. I was in shock. I thought for sure, she broke something. I called the Police right after it happend. Cop told me, they can't charge 'Animal Abuse' on them. My mouth hit the floor. I said, come again! Cop said, he couldn't do much. Now, this doesn't make sense. A 8 yr old, killed my 4 week old kitten, and he HAD to do community service. EVERY cop is different, I swear! I don't get them. Now, just yesterday. I had Animal Control come to my house. Apprearently, the LIMIT is 3 dogs per household. I have lived here for 6 yrs, and that NEVER was brought to my attention. People I know, that have lived here their whole life didn't even know. I got a Citation. My next visit will be in a week, and if I have 4 dogs, I will get a $500fine. If I don't pay it, it's a mistamenor and they will take all my dogs, and have them put up for adoption, while I'm in jail. Can you beleive that!?!? I know what you mean with, animals being like children. THEY ARE! I've had my dogs forever, and have to give one up. This is the worst feeling in thw world. Like giving up a child. It isn't fair! Something needs to change!

[Betty3]

jessiceblair - Please do not post to old threads. This thread is from 2007. Thanks.