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Old 17th January 2017, 8:47 AM   #1
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Default Neighbours dogs attacking livestock - Ok to shoot?

So long story short some friends of mine live in the Adelaide hills on a few acres and have some goats which have been attacked and harassed by the neighbours dogs which frequently enter my friends property.

The neighbours have been asked nicely (several times) to control their dogs which they have failed to do, they were then sent a letter which was also ignored. My friends then approached their local council and they sent a letter also to the dogs owners who promptly ignored that too. The ranger then suggested my friends could build a dog proof fence around their property (lolwut) at great expense.

I think the time for action has come and offered to shoot them should they enter the property again. I come from an older generation before dogs were elevated to "furry children" status and have no qualms about it. I have also checked with local Police and they said as long as the firearm is registered and it's done in a safe manner then we are within our rights.

What concerns us is the possibility of legal action from the owners, being affluent types who no doubt love their dogs I'm sure they would try but would they have a leg to stand on?

The dogs are a rottweiler and a staffy/pitbull looking thing by the way...not ankle snappers.

Opinions?

Last edited by WJR; 17th January 2017 at 8:56 AM. Reason: typo
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Old 17th January 2017, 8:57 AM   #2
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Forgetting legalities (which I have no idea about).

Polite letters and council requests are one thing, but surely before shooting the dog, a face to face conversation with the neighbors saying 'if your dogs are seen on my property again, harassing my livestock - they will be shot', needs to be had.

If they are as attached too and as fond of the dog as you suspect, perhaps this elevated threat will be the catalyst to action.
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Old 17th January 2017, 9:29 AM   #3
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No bodies... no evidence of anything.

Shoot them, dispose of them, say nothing.

If they ask... "Dunno... haven't seen 'em for days"
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Old 17th January 2017, 9:48 AM   #4
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I am sure in your area, you have fox problem.

Put signs up on property saying Fox POISON Bait deployed




Your neighbours doesn't need to know there are no baits, (well at first)
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Old 17th January 2017, 9:48 AM   #5
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In Victoria you can shoot them according to the DOMESTIC ANIMALS ACT 1994

" DOMESTIC ANIMALS ACT 1994 - SECT 30
Owner of livestock able to destroy dog or cat found at large near livestock

(1) The owner of any animals or birds kept for farming purposes, any person authorised by the owner or an authorised officer may destroy any dog or cat found at large—

(a) in the place where the animals or birds are confined; or

(b) if the animals or birds are tethered, in the vicinity of the animals or birds.

(2) The owner, a person authorised by the owner or authorised officer does not incur any civil or criminal liability for acting under subsection (1). "
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Old 17th January 2017, 11:45 AM   #6
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Quote:
Originally Posted by jack_son77 View Post
Forgetting legalities (which I have no idea about).

Polite letters and council requests are one thing, but surely before shooting the dog, a face to face conversation with the neighbors saying 'if your dogs are seen on my property again, harassing my livestock - they will be shot', needs to be had.

If they are as attached too and as fond of the dog as you suspect, perhaps this elevated threat will be the catalyst to action.
if i was planning to shoot the dogs then i wouldnt want to be having a conversation beforehand where i directly threaten to shoot the dogs. would definitely prefer to take Revenge's route of pleading ignorance. they will struggle to gather the proof in a court of law to prove you shot the dogs (unless they got you on video or eyewitness evidence).

EDIT - i would have a look at s 63 of the Dog and Cat Management Act if you wanted to take some action and keep it all above board:

https://www.legislation.sa.gov.au/LZ...1995.15.UN.PDF

what you would be doing is detaining the dogs (trapping them), then making a demand for payment for the destroyed livestock caused by the dogs, and then if not paid within 7 days, destroying the dogs.

but you should see a lawyer if you want to get definitive advice.

EDIT again - wait, never mind - look at s 48 of the Dog and Cat Management Act. youre allowed to kill it if its on your property if it is reasonable and necessary for the protection of life or property (property presumably including livestock).
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Last edited by sanjay; 17th January 2017 at 11:51 AM.
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Old 17th January 2017, 11:47 AM   #7
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SA Dog and Cat Management Act 1995
https://www.legislation.sa.gov.au/LZ...1995.15.UN.PDF

Quote:
48—Power to protect persons or property from dogs
(1) A person may lawfully injure or destroy a dog if that action is reasonable and necessary for the protection of life or property.
(2) If a dog, unaccompanied by a person, is found in an enclosed paddock or other enclosed place in which an animal that is being farmed is confined, the owner or occupier of the place, or a person acting under the authority of the owner or occupier, may lawfully injure or destroy the dog.

(3) A warden under the National Parks and Wildlife Act 1972, or a dog management officer, who finds a dog attacking or harassing a protected animal within the meaning of that Act on a reserve within the meaning of that Act may lawfully injure or destroy the dog if there is no other way of protecting the animal.
(4) A person who injures or destroys a dog in circumstances referred to in this section must, as soon as practicable—
(a) inform a member of the police force; and
(b) inform the council of the area in which the dog was injured or destroyed; and
(c) take reasonable steps to inform a person who owns or is responsible for the control of the dog.
Should seek legal advice from a solicitor if destruction is the likely option. But you will have to notify the police, local council and the neighbour after the dogs have been put down. It goes without saying that the act will ruin your relationship with the neighbours permanently even if it is their fault they can't control their dogs.
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Old 17th January 2017, 11:48 AM   #8
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Got an urge to kill domestic animals?

Be ready for more than just someone trying to sue you if you kill their dogs.



Quote:
Originally Posted by sanjay View Post
if i was planning to shoot the dogs then i wouldnt want to be having a conversation beforehand where i directly threaten to shoot the dogs. would definitely prefer to take Revenge's route of pleading ignorance. they will struggle to gather the proof in a court of law to prove you shot the dogs (unless they got you on video or eyewitness evidence).
Really weak, you can legally shoot the dogs, if you think you're doing the right thing you wouldn't have to sneak around in the dark of night secretly murdering a dog.

So grow some integrity confront the owners of the dog and spell out that you will shoot the dogs and charge them for the bullet and damage they have done to your friends livestock.

Or be gutless and take the suggestions above.

Last edited by josh_676; 17th January 2017 at 11:56 AM.
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Old 17th January 2017, 11:54 AM   #9
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Just print out the relevant legislation, and send it to them.

If it is demonstrated that it is lawful to destroy the dogs, they may just take appropriate action to prevent further incidents.
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Old 17th January 2017, 12:08 PM   #10
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legality aside, how are the neighbours expected to react?

are they going to turn into the neighbours from hell?
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Old 17th January 2017, 12:13 PM   #11
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Quote:
Originally Posted by josh_676 View Post

Really weak, you can legally shoot the dogs, if you think you're doing the right thing you wouldn't have to sneak around in the dark of night secretly murdering a dog.

So grow some integrity confront the owners of the dog and spell out that you will shoot the dogs and charge them for the bullet and damage they have done to your friends livestock.

Or be gutless and take the suggestions above.
agreed, i found s 48 after writing what i wrote about s 63, so OP should be good to go.

sounds like the OP has already confronted the owners on numerous occasions. given the operation of s 48 id be comfortable with issuing one last notice (in writing - can give it to them in person if you think that gives you more "integrity") and then shooting the dogs next time they're on the property.
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Old 17th January 2017, 12:20 PM   #12
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Quote:
Originally Posted by sanjay View Post
agreed, i found s 48 after writing what i wrote about s 63, so OP should be good to go.

sounds like the OP has already confronted the owners on numerous occasions. given the operation of s 48 id be comfortable with issuing one last notice (in writing - can give it to them in person if you think that gives you more "integrity") and then shooting the dogs next time they're on the property.
The law is pretty clear, I used 'integrity ' as any other word would no doubt be reported as a personal attack.

I'm interested to know if these dogs have caused injury or death to OPs frends animals?
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Old 17th January 2017, 12:25 PM   #13
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dogs that attack any farm animals need to be destroyed, no ifs buts or maybes - the owner should be doing it themselves.
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Old 17th January 2017, 12:25 PM   #14
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I like the fox bait signage idea.

Let them know too that you've seen some foxes lurking and that's the reason.

I love dogs, one or two escapes is understandable... but if this is happening frequently and they're not playing ball I would escalate in stages. I.e. as they've already done, talking to them, letters, contacting council/authorities. erecting a dog proof fence is a pretty silly suggestion, containing the neighbours dog isn't their job.
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Old 17th January 2017, 12:27 PM   #15
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Quote:
Originally Posted by power View Post
dogs that attack any farm animals need to be destroyed, no ifs buts or maybes - the owner should be doing it themselves.
Agree if you catch them in the act, but in this instance plenty of options that don't involve killing an animal for its owners crimes.

Plus, you can win the battle but lose the war when dealing with neighbors.
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