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Old 03-16-2012, 01:24 AM
 
9 posts, read 8,575 times
Reputation: 10

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Any lawyers or well-informed dog owners out there? I've got an important question.

I have a very social dog here in Manhattan and unfortunately I have to take her to the dog run. Not having canine interaction would make her wither and die. And 99% of the time, the dog run is a positive experience.

So now here's the question, what are your rights when a dog consistently attacks yours after you've brought it to the attention of the owner? I recently stopped playing nice and have started going after the dogs myself to protect mine. But I want to make sure that I'm not going to get hit with charges for animal cruelty. Am I within my legal rights to attack a dog that is attacking mine? I've learned the hard way not to expect the aggressive dog's owner to break it up and am fairly liberal with my punches and kicks these days. Luckily it's a very small subsection of the population I'm talking about, but it only takes one bad apples as they say.

I want to make it 100% clear: not going to the dog park is not an option, so please don't let this discussion evolve into a pros and cons of dog parks more generally. All I want to know is can I legally kick a dog that is dragging mine by the neck across the asphalt?
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Old 03-16-2012, 05:42 AM
 
Location: Reno, NV
824 posts, read 2,790,795 times
Reputation: 754
I googled "dog run" fight and see a few things of interest but nothing that states what level of force you can use to defend your dog. I assume it would be what is appropriate to the particular situation (for example, is your dog being attacked by a small dog or large dog, is your dog in imminent danger of being seriously injured).

The situation you describe sounds pretty awful if an owner has a nonchalant attitude about their aggressive dogs.
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Old 03-16-2012, 07:39 AM
 
Location: Neither here nor there
1,809 posts, read 7,059,811 times
Reputation: 556
Do what you have to do to protect your dog and yourself. If the irresponsible owners of aggressive dogs don't follow the rules then
why should you.

If I see a dog that I think may be trouble or that has been a problem
before I don't go inside. I return later on after making sure that dog has
left. Sometimes when a problem dog comes in I leave, not going to argue
with somebody inside a dog run. I am not going to just sit there and wait
for something bad to happen.

I have experienced my dog getting bit in the chest and that same dog
bit me on my finger on a separate occasion, luckily it was in winter and
I was wearing thick gloves, but had I not tried to break up the fight that
dog would have bitten my dog in the face.

Of course the other owner didn't do anything except to yell, no apology whatsoever after both incidents. I hardly go to dog run as much as I used
to. I rather go to a big park and walk my dog on the leash.
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Old 03-16-2012, 08:10 AM
 
9 posts, read 8,575 times
Reputation: 10
Thanks for the responses, guys. I had googled this situation as well with similarly unsatisfactory results. I guess I'll keep doing what I've been doing, but I have a real problem with not being able to use the park because of just 2 or 3 irresponsible owners. You literally see everyone going for the leashes as soon as these jerks walk in.
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Old 03-16-2012, 08:33 AM
 
Location: New Jersey!!!!
19,031 posts, read 13,937,683 times
Reputation: 21491
Have you tried calling the NYC Park Patrol?

Park Enforcement Patrol : New York City Department of Parks & Recreation

While they probably aren't checking out dog runs on a regular basis, if this is truly an ongoing issue with the same person, and you are fairly certain that person(s) will be there often, make some complaints. At some point, they will direct some attention to the park and take whatever action they can possibly take. People can be banned from parks. I'm not positive if this situation warrants that, but it may.
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Old 03-16-2012, 08:45 AM
 
Location: Long Island, NY
7,844 posts, read 13,229,550 times
Reputation: 9247
Quote:
Originally Posted by SteveCamp View Post
Any lawyers or well-informed dog owners out there? I've got an important question.

I have a very social dog here in Manhattan and unfortunately I have to take her to the dog run. Not having canine interaction would make her wither and die. And 99% of the time, the dog run is a positive experience.

So now here's the question, what are your rights when a dog consistently attacks yours after you've brought it to the attention of the owner? I recently stopped playing nice and have started going after the dogs myself to protect mine. But I want to make sure that I'm not going to get hit with charges for animal cruelty. Am I within my legal rights to attack a dog that is attacking mine? I've learned the hard way not to expect the aggressive dog's owner to break it up and am fairly liberal with my punches and kicks these days. Luckily it's a very small subsection of the population I'm talking about, but it only takes one bad apples as they say.

I want to make it 100% clear: not going to the dog park is not an option, so please don't let this discussion evolve into a pros and cons of dog parks more generally. All I want to know is can I legally kick a dog that is dragging mine by the neck across the asphalt?

You do what you need to do to protect your dog and yourself. This would apply outside the dogrun as well. All dog owners have a responsibility in controlling their pet. If the dog is aggressive, they have no business being at a dog run. According to the link, Designated Off-Leash Areas: Certain park areas allow dogs to be off-leash from the time the park opens until 9 a.m. AND from 9 p.m. until the park closes. Dog owners/attendants with dogs off-leash in these designated areas must obey all general rules, including having their dog under control at all times, licensing the dog, and carrying proof of the dog's rabies vaccination.

Dog Runs : New York City Department of Parks & Recreation : New York City Department of Parks & Recreation

I would suggest filing a police report if G-d forbid it happens again. Even if the dog isn't attacking yours but is being aggressive, call the park patrol so it can be documented. Hopefully they'll get banned. It sucks for the dog to not have a responsible owner.
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