Pepper spray laws in montana (Missoula: HOA, neighborhood, law)

[grannymontanny]

Does anyone know if its legal to spray dogs when they run out at you on a bike ? I had a recent fall from one,and am trying to avoid another

[historyfan]

It depends. It most cases No-- it is considered cruelty to animals.

Running at you? Where? Did dog touch you?

Private property- yours
Private property- others/ dog owners
Public property- in an incorporated town or not

More details are needed.

Here is an example--
http://missoulian.com/news/local/no-...ad1cc301b.html

[grannymontanny]

it is an on going problem in our neighborhood. i was knocked down by a dog that ran in front of my bike ,that resulted in a very bruised elbow and a trip to the chiropractor.the hoa was contacted as there is a leash law as well as a county one.so far they have done nothing and today it almost happened again but i was able to stop before falling. this is only two of many. i have had animal control out since each time it has been on a public road. they told me it was dog at large once it stepped off the person property ,as is the case each time.i blame the owners not the dog but i also feel it is my right to ride my bike thru a residential area with no fear. and by the way,i am a HUGE animal lover,and dont understand why these people are not concerned about their pets safety with cars going by.

that guy should have stopped at the dog,it was wrong to spray the women.

[TaxPhd]

Originally Posted by historyfan

It depends. It most cases No-- it is considered cruelty to animals.

Running at you? Where? Did dog touch you?

Private property- yours
Private property- others/ dog owners
Public property- in an incorporated town or not

More details are needed.

Here is an example--
No jail time for Missoula man who pepper-sprayed woman, dog | Local | missoulian.com

The linked article appears to be irrelevant. The guy was charged as a result of pepper spraying the dog's owner (which was completely unjustified), not for spraying the dog.

A loose dog that attacks can certainly be pepper sprayed (or shot). There is no requirement for the dog to touch you before one may employ force to stop the dog.

Dog attacks can result is seriously debilitating injuries, and are not something to take lightly.

[NDak15]

Originally Posted by grannymontanny

Does anyone know if its legal to spray dogs when they run out at you on a bike ? I had a recent fall from one,and am trying to avoid another

Seeing as how mail carriers carry spray I don't see how this could be illegal.

[historyfan]

Originally Posted by grannymontanny

it is an on going problem in our neighborhood. i was knocked down by a dog that ran in front of my bike ,that resulted in a very bruised elbow and a trip to the chiropractor.the hoa was contacted as there is a leash law as well as a county one.so far they have done nothing and today it almost happened again but i was able to stop before falling. this is only two of many. i have had animal control out since each time it has been on a public road. they told me it was dog at large once it stepped off the person property ,as is the case each time.i blame the owners not the dog but i also feel it is my right to ride my bike thru a residential area with no fear. and by the way,i am a HUGE animal lover,and dont understand why these people are not concerned about their pets safety with cars going by.

that guy should have stopped at the dog,it was wrong to spray the women.

On a public road & with the dog not on a leash, you can certainly defend yourself. Call your sheriff's office and ask specifically about bear spray v personal protection spray. There apparently are different types.

[grannymontanny]

Thank you all for your replies.i have since posting had another near miss by a big german shepherd,as soon as we seen it charging we stopped,while waiting for owner to get it under control.we are now carrying spray,and animal control is driving thru when they can.but people are still refusing to leash.i dont see a solution to the problem.