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Sate law Says No - Texas

Discussion in 'Dog Ordinances & Laws' started by apbtmom76, Sep 4, 2008.

  1. apbtmom76

    apbtmom76 Good Dog

    State law says no

    BY SONNY LONG - SLONG@VICAD. COM
    September 03, 2008 - 7:27 p.m.

    State law prohibits harming a dog that comes on your property even if you perceive it as a threat.



    Monday’s shooting in the Nursery area of a pit bulldog that left the dog blind in one eye has sparked a debate on personal protection and property rights versus animal cruelty.

    State law is clear on the subject, said Captain Herb Tucker of the Victoria County Sheriff’s Office, referring to Section 42.092 of the Texas Penal Code.

    “A person commits an offense if the person intentionally, knowingly, or recklessly: tortures an animal or in a cruel manner kills or causes serious bodily injury to an animal; without the owner's effective consent, kills, administers poison to, or causes serious bodily injury to an animal,†according to the penal code.

    Tucker said there is a defense in the code, but that it pertains to dangerous wild animals and “a domesticated dog is not considered a dangerous wild animal.â€

    Edward Lara, who shot the dog said “given the same situation, I’d act the same way. To shoot a dog that is just trespassing is against the law; I know that. But I felt threatened,†he said by telephone Wednesday afternoon.

    In an e-mail to the Advocate, Lara related his side of Monday’s incident.

    He confirmed that his mother came into the house and told him that Roscoe, the neighbor’s pit bull, was “behaving in a threatening manner.â€

    “I…saw the dog about 50 feet in the yard. As I yelled in an effort to shoo the dog off, it began barking at me. I went back into the house and retrieved a .410 shotgun with the intentions of scaring the dog back to where he belongs, possibly shooting as a means of scaring the dog off. As I approached the dog it kept barking and growling, all the while advancing towards me with his tail straight out…the yelling wasn’t doing anything to scare the dog off,†Lara wrote.

    “In this quick instance, I was forced to fire directly at the dog to ward him off. I feel had I not done this, my safety may have been threatened. The dog was in my yard the whole time and had not been provoked in any way,†Lara added.

    Lara, 32, also said that he wished the dog’s owners had acted more responsibly.

    “I personally own bulldogs, all which are secured in my fenced back yard. Owning such a dog requires that the owners be responsible for the actions of such a strong willed breed … I do wish the dog’s owners had been more responsible than to have this dog running loose,†he wrote.

    The dog’s owner Theresa Davidson said she had let the 8-month-old dog out to go to the bathroom. She also said a neighbor said she saw neighbor who “got scared by Roscoe and woke up her son. The boy called Roscoe back into his yard and shot him.â€

    In Victoria County, outside the Victoria city limits, owners are required to keep dogs on their own property.

    “Out in the county, we require that animals be kept on private property. There is also a county ordinance that addresses dogs running loose,†said Heather Kern, assistant supervisor of the Victoria City-County Animal Control Shelter.

    The county ordinance, Section 5.1, involves the county health officer determining that if it is in the interest of public safety to restrain an animal, a proclamation must be issued and published in the newspaper. The animal must then be restrained for 90 days until its behavior is again reviewed by the county health officer.

    “Each situation is at the animal control officers discretion, we issue verbal and written warnings as well as citations,†Kern explained.

    Others agree that Roscoe’s owners should have had more control over the animal.
    “People feel that living in the country makes it OK for their pets to run loose. It is irresponsible in more ways than one, especially if the animal is aggressive or untrained,â€
    Kimberly Medaris, said in an e-mail to the Advocate. Medaris, a veterinarian’ s assistant, is Lara’s friend.

    Tucker said Deputy Angela Martinez is investigating the case and is in the process of obtaining statements from those involved.

    “Then we’ll turn the case over to the DA for review,†Tucker said. Violation of that section of the penal code is a Class A misdemeanor punishable by a fine of up to $4,000 and a year in jail or both.
    http://www.victoria advocate. com/793/story/ 311073.html
     
  2. catconaway

    catconaway Puppy

    are you allowed to own pit bulls in texas? We love our pit and there is noway my daughter will get rid of her
     
  3. simms

    simms Good Dog

    That dude shouldn't have let that dog leave his property! Domestic animals can pose more of a threat than of wild animals as they have less fear of human contact.
     
  4. Flatbedder

    Flatbedder Good Dog

    This is why people shouldn't be allowed to own guns. They are too stupid to handle them properly. A dang puppy barking at you doesn't warrant a gun being shot at it. Didn't this person think that by yelling was going to diffuse this situation. Call the cops
     
  5. runthru

    runthru Little Dog

    A well aimed shot with a shotgun is not cruel any good lawyer would get you off in self defence.
    Catcon yes you can own pits in Texas, but make sure you look deeper into cty/county you are looking to move to.
     
  6. simms

    simms Good Dog


    I will take the use of my guns. You can have the cops. If one has a yard full of bulldogs or live stock that is the last thing you need is your niebors curr causing trouble. Not to mention if it posed a threat to my children or a person it doesn't get the chance to do it again. I would expect the same if I had a rogue dog acting a fool. It sucks to loose a dog, but I take percautions in this area. If someone else is so careless with their property (animals) that aint my problem. Chances are they shouldn't have this breed to begin with.

    I would never allow a APBT the run, puppy or not. I value this breed and my animals. But I may value my guns more....
     
  7. divineflight

    divineflight Puppy

    I do not know if I value my guns more then my dogs i would go to jail if not worse to keep both...besides that i completely agree with your statement the only difference would have been that in my case the do would have gotten 2 12gage shot gun slugs in him. If its my family or a dog its going to be the dog no question about it. If you have a animal its your responsibility to keep it contained and off my property its my responsibility to keep my family and property safe if that means killing your dog then so be it..thats just my 2 cents.
     

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