Faced with the classic trolley dilemma here

Live in a neighborhood with acre lots.

Two weeks ago , Neighbors dog that is notorious for getting out & wandering the streets dug under my fence and killed one of my laying hens.

Returned the dog to the neighbor and politely tell him what happened and to please be better at keeping his dog on his property. He wasn't rude, but didn't seem to have any urgency to resolve the issue.

Low & behold this morning I hear a commotion and find another dead bird and the dog in my backyard again.

I have created the below diagram to weigh my options moving forward. Any advice is appreciated

S,S,S.

Make sure no cameras (I.e. Ring cameras, etc).

We had a neighbor dog that was killing animals on our land when I was a kid (as well as others). Other neighbor "accidentally" ran it over.

Take dead chicken remains over to confront neighbor

Demand 1 goat and sack of seed as restitution

If it were my granddad, this dog would already be dead.

SSS.

You already messed up by taking the dog back. At this point, there's no "SSS".

At this point, your best best is to explain (nicely) that his dog has killed another one of your birds, and present him with a copy of the state law that addresses what folks are allowed to do, in "protection of their livestock".

You can decide whether you want to give law enforcement a "heads up", based on your opinion/previous interaction with your local LEO. Some are quite helpful/understanding. Some are not.

A game camera, to provide photographic evidence, would be quite helpful, to show that you had to shoot the dog since it was after your birds,AGAIN, and thst you didn't simply shoot the dog "out of spite" in another location…

I'm not going to comment on right and wrong or anything like that. I don't condone killing pets, normally. But I will provide a story for you from a pet owner perspective.

My two pet Kunekune pigs were raised from piglets. As they got older. They began to escape my ranch fence. Eventually they wandered late at night to the neighbors fence line 4 miles away whereby they partook in the trappings of a deer feeder throwing at dusk. The lease hunters shot them both. The owner found out we lost our pigs. He told us they got shot and they were delicious. We were sad but not mad.

Moral of the story is that if you want your pets to be safe, do what you can to keep them within the boundaries of your property, or, don't get mad when they are lost.

In your case, the dog has killed your livestock. Your neighbor doesn't give a hoot about paying the cost of lost livestock or keeping the dog in. You can keep doing what you're doing which will result in more dead chickens or you can do something else like change the owners behavior or the dog behavior. So, you'll have to do what you need to do but I am a firm believer that any decision you make is largely legal.

The neighbor has no idea the comings and goings of the dog. If it doesn't come back, I doubt he's going to know or care. People that live like that aren't the give a damn types.

" Section 822.013 of the Texas Health and Safety Code allows a livestock owner to shoot a dog or coyote that is attacking, is about to attack, or has recently attacked their livestock, provided that the owner witnessed the attack."

https://codes.findlaw.com/tx/health-and-safety-code/health-safety-sect-822-013/

fburgtx said:

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" Section 822.013 of the Texas Health and Safety Code allows a livestock owner to shoot a dog or coyote that is attacking, is about to attack, or has recently attacked their livestock, provided that the owner witnessed the attack."


https://codes.findlaw.com/tx/health-and-safety-code/health-safety-sect-822-013/

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Looks like that settles the dog's fate. Only question would be discharging the firearm since you said "neighborhood".

If you don't want to put him down drop him at the pound.

Better look up the definition of livestock as it applies in Texas.

Get your definitive proof. Then call your sheriff department or local law enforcement agency so you have a legal record.

Yeah, SSS is WAY out the window.

You talked to him, and now if the dog goes missing he is coming straight to you.
You posted online, and that's viewable by anyone. Always.

Now, you HAVE to make sure those i's are crossed and t's are dotted if you are going to pull the trigger. Especially ensuring you undersatnd the definiont of "livestock" and applicaiont of laws, as well as any city ordinances on discharging firearms.

In this scenario, I think the BEST course of action is the drop the dog off at the pound the next time it's in your fence. You aren't doing anything wrong, and aren't killing the dog. No need to threaten or even talk to the neighbor. If they come and ask, just tell them where the dog is. Or, if you want a permenant solution, drive to a pound a few counties away, and don't say anything if they come asking where the dog is.

would non-lethal deterrence be an option here? paintball gun/air rifle/bb gun? as a discrete option to deter the dog?

or once the dog got the reward/taste of a few kills. would is just learn to come over when he's not around to pop him?

I particularly like the descriptipn

agrams said:

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would non-lethal deterrence be an option here? paintball gun/air rifle/bb gun? as a discrete option to deter the dog?

or once the dog got the reward/taste of a few kills. would is just learn to come over when he's not around to pop him?

I particularly like the descriptipn

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Anybody ever have a paintball chop in your gun?

That dog isn't going to stop without a better physical barrier or electric shock collar barrier. It's a game now.

Too bad for the dog but he's got to go if the owner isn't going to handle it.

This is why I haven't shot my capsaicin balls yet. Also, capsaicin balls sounds like an STI.

Zaiquiri said:

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This is why I haven't shot my capsaicin balls yet. Also, capsaicin balls sounds like an STI.

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It could be. Sounds like it burns.

CactusThomas said:

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cupofjoe04 said:

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Yeah, SSS is WAY out the window.

You talked to him, and now if the dog goes missing he is coming straight to you.
You posted online, and that's viewable by anyone. Always.

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It's very much still an option as long as the last two S'es are done correctly.

If you take him to a pound, remove the collar and take him to one in a different city. This is basically the same as SSS but you have a road trip instead of digging a hole.

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I like the way you think.

The fun of killing a chicken trumps pepper spray

Health and Safety Code in Texas 822.012

Prohibits this and neighbor is responsible for the dog. If you speak with dist. attorney of county. They can send the dog owner a letter telling him he is responsible and now must carry a 1 million dollar homeowner liability insurance policy for the dog. He will then notify the owners homeowners policy with the incident and demand. File claim against owner's homeowner policy for damages. Law Enforcement will enforce code in most parts.

SUBCHAPTER B. DOGS AND COYOTES THAT ARE A DANGER TO ANIMALS


Sec. 822.011. DEFINITIONS. In this subchapter:
(1) "Dog or coyote" includes a crossbreed between a dog and a coyote.
(2) "Livestock" includes exotic livestock as defined by Section 161.001, Agriculture Code.

Added by Acts 2003, 78th Leg., ch. 1002, Sec. 1, eff. Sept. 1, 2003.

Sec. 822.012. CERTAIN DOGS AND COYOTES PROHIBITED FROM RUNNING AT LARGE; CRIMINAL PENALTY. (a) The owner, keeper, or person in control of a dog or coyote that the owner, keeper, or person knows is accustomed to run, worry, or kill livestock, domestic animals, or fowls may not permit the dog or coyote to run at large.
(b) A person who violates this section commits an offense. An offense under this subsection is punishable by a fine of not more than $100.
(c) Each time a dog or coyote runs at large in violation of this section constitutes a separate offense.


Added by Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Renumbered from Health & Safety Code Sec. 822.011 and amended by Acts 2003, 78th Leg., ch. 1002, Sec. 1, eff. Sept. 1, 2003.

Sec. 822.013. DOGS OR COYOTES THAT ATTACK ANIMALS. (a) A dog or coyote that is attacking, is about to attack, or has recently attacked livestock, domestic animals, or fowls may be killed by:
(1) any person witnessing the attack; or
(2) the attacked animal's owner or a person acting on behalf of the owner if the owner or person has knowledge of the attack.
(b) A person who kills a dog or coyote as provided by this section is not liable for damages to the owner, keeper, or person in control of the dog or coyote.
(c) A person who discovers on the person's property a dog or coyote known or suspected of having killed livestock, domestic animals, or fowls may detain or impound the dog or coyote and return it to its owner or deliver the dog or coyote to the local animal control authority. The owner of the dog or coyote is liable for all costs incurred in the capture and care of the dog or coyote and all damage done by the dog or coyote.
(d) The owner, keeper, or person in control of a dog or coyote that is known to have attacked livestock, domestic animals, or fowls shall control the dog or coyote in a manner approved by the local animal control authority.
(e) A person is not required to acquire a hunting license under Section 42.002, Parks and Wildlife Code, to kill a dog or coyote under this section.


Added by Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Renumbered from Health & Safety Code Sec. 822.033 and amended by Acts 2003, 78th Leg., ch. 1002, Sec. 1, eff. Sept. 1, 2003.

Don't shoot the dog. Will cause far more trouble than it's worth.

-Take care of the problem. (Your choice on manner)
-Find a very close road/street.
-In the wee hours of the morning, on said street, pick a stretch with no homes close enough for their cameras to see you.
-Lay already rehabilitated culprit on the street
-Run over it on the way back home.
-neighbor mourns loose dog that was hit by a car the next day, while you go look for more eggs!


ETA:
and in the future, consider a more discrete place to solicit ideas!

Good luck!

A killing dog is like a cheating wife!