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nextdoors husky has killed my chickens

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compie | 20:30 Wed 13th Oct 2010 | Law
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today i saw my nextdoors dog killing the last of my 11 chickens it jumped my 6 foot fence with the last 1 the owner admits her dog came home with the chicken but insists i would not killed them even thought i told her i had seen it so i contacted the police they have told me there is nothing they can do as the do was doing what comes natural for it is this correct
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Not sure how harsh this will sound but a 6ft fence sounds like a pretty good precaution... were the chickens fenced in some sort of pen? I agree the dog should be under control but I'm wondering how much you can predict a dog would jump a fence that size. Also, if a fox had got in to your garden, would you have taken measures to have the chickens in some sort of pen so it couldn't get to them? Just thinking out loud really, I don't think I come down on either side particularly.
No it doesn't and I presume it's quite distressing for compie. The fact is though, animals kill each other. It's in their instinct.
did you actually see the dog eat the chickens?
Try reading the first sentence again of the OP Anne..
are you answering for other people now ummm ?
Yep....As I know the answer to your question as I actually read the OP...
No, I won't contribute to the RSPCA any more.

Here's why
An old lady (up my road) died but before she died she asked her son to donate £500 to the RSPCA when she died,
From monies left he wrote out a cheque to them & sent it to head office explaining it was his mothers wish. Back came a reply saying they wanted to see the will, when it was explained it was a verbal request they said they still wanted to see the will and wanted a letter of proof fron a witness.
The womans son got very angry because they were presuming he may have not sent the whole amount his mother had left them.

This I assure you is true, and ever since I have made sure the RSPCA will not benefit from any donation I may give to a charity.

jem
Off topic I know but what Jemisa said reminds me of this story involving the rspca

http://business.times...aw/article6868765.ece
"I rest my case"

jem
i'm going through a similar thing with a neighbour to be.

we know their 5 huskys escape all the time, chase the local animals, have attacked sheep by the neck, chases cyclists, they are always jumping out of their garden and clearing the fence by a good few feet

what has happened now is everyone that has had dealings with the dogs has reported it to the police. they have chased grown men and had them terrified. the police are taking it serious because it could be a child next.

the policeman even said that one of the people that have reported them for attacking their animals has the right to shoot them as they are on their land.

i would look into the police more as they are definately dealing with our case differently. is their children that play near the dog
I am shocked that police make out they have no powers to deal with this. The dog jumped over a six foot fence for heaven's sake and into someone elses property to kill one of their chickens. It could have been a pet rabbit, a kitten or even a small child. Isn't ones own property sacrosanct any more. Several years ago a long haired dachsund got under the fence to my garden (from several gardens away from my house) and ripped to bits my three chickens, leaving their feathers and entrails for me to deal with. I did not know the owners of this dog (or dogs) but a neighbour who lived between my property and the dogs one, told me he saw it happen. I took no action as I did not know until sometime later what had done the killing.
Compie that must have been awful. Had a browse about the law and dogs, it seems that you can shoot a dog for killing livestock on agricultural land, but I'm guessing yours were backyard chickens, and as you say, you have no desire to shoot the dog anyway.
Take a look at the Kennel Club website, theres something on there that may apply to you, sorry not sure how to do link, but it states;
Dogs Act 1871
It is a civil offence if a dog is dangerous (to people or animals) and not kept under proper control (generally regarded as not on a lead nor muzzled) This law can apply wherever the incident happened. The dog can be subject to a control or a destruction order and you may have to pay costs.
Sue them for compensation. Then get another chicken when the dog comes in the garden, shoot it.
did the police take a statement from you or anything? when the officer can to our house, because we'd witnessed them escape, he took down our statements and was here for about an hour. what he's trying to do is build up a case of all incidents with the dogs

is their a different police station you could try? keep a camera to film any footage of them escaping again. thats what we're now doing. if we see them on the hill land or wandering about the road we're taking pictures
Looks like you want the Animals act 1971

http://www.thekennelclub.org.uk/item/1052

http://www.opsi.gov.u...9710022_en_1#pb1-l1g4

3 Liability for injury done by dogs to livestock

Where a dog causes damage by killing or injuring livestock, any person who is a keeper of the dog is liable for the damage, except as otherwise provided by this Act.
4 Liability for damage and expenses due to trespassing livestock

(1)Where livestock belonging to any person strays on to land in the ownership or occupation of another and—

(a)damage is done by the livestock to the land or to any property on it which is in the ownership or possession of the other person; or

(b)any expenses are reasonably incurred by that other person in keeping the livestock while it cannot be restored to the person to whom it belongs or while it is detained in pursuance of section 7 of this Act, or in ascertaining to whom it belongs;

the person to whom the livestock belongs is liable for the damage or expenses, except as otherwise provided by this Act.

(2)For the purposes of this section any livestock belongs to the person in whose possession it is.
I would suggest a strongly worded letter to your neighbour claiming compensation for the cost of che chickens, or else you will engage a solicitor to take them to court and report the dog to the police as being out of control, which could result in a control order or even the destruction of the dog.
No it won't bring back the chickens but there is not much else you can do. As for all the emotive statements from the anti dog lobby about shooting or poisoning the dog, that is just ridiculous.
Killing chickens is a natural dog thing, does not mean for one second it would kill a child especially as Huskies are almost always very friendly. However this does not excuse the owners allowing it to happen more than once, if they know the dog can escape they should provide escape proof fencing, as it could cause an accident or even just frightening someone into thinking it might harm them is an offence.

You could try the police again and claim you were frightened of the dog and want it reported under the Animals Act.
Question Author
numnum the police would not come they say there is no law against it as its a dogs natural instinct to hunt and kill
We had this recently, where a dog got into our garden by jumping the fence and killed our pet cat.

RSPCA wouldn't get involved unless the owner could be shown to being cruel to their animal.

We reported it to the Police who, although they couldn't apparently do much, did get a Community Officer to visit the dog owner and, I believe, warn them to keep their dog under control. Not much consolation.

We felt it was completely unfair that our family pet was killed in our own garden and nothing could be done about it.
Compie I suggest you go back to the police with a print out of that link I posted about the animals act 1971 and when they tell you there's no law agaist it show it to them and ask to speak to some higher up the chain.

Quite frankly It's outrageous that a policeman should tell you that there's no law against your neighbours dog killing your chickens
Question Author
thank you jake-the-peg i rang police again and told them about the 1971 dogs act they checked and now have given me a incident number and are comming to see me on to take a statement in the morning you would have thought they would have knowledge of it ant way

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