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Not in Montana unless they threatened livestock. Chickens don't count. You'd be paying over $10,000 replacement cost for a fully trained bird dog. I’d have to pay replacement cost for the chickens and a $500 fine.
Point was my dogs never set foot on his property- he was puffing his chest and being bad man on the block. He loses his chickens to fox and coyotes anyway. My other neighbors lost 75% of their poultry to the same.
So you're telling me I have no ability to protect my property from being destroyed by someone's dog? All I can do is say "shoo" and if the dog continues killing my pet cat or chicken that's just too bad?
The owner of livestock or poultry injured or killed by any dog may recover as liquidated damages from the owner of the dog the actual value of the animals killed or the value of the damages sustained by reason of the injuries as the case may be.
The USDA classifies chickens as "poultry" instead of livestock, but I don't think that translates into your dog getting to kill someone's chickens with no repercussions. It's just ludicrous that someone should have to pay you for defending his own property from your 10K dog. Does the same apply to other domestic animals in Montana? Are people simply supposed to stand there and watch while some roaming dog attacks their dog, cat, chickens, whatever?
The USDA classifies chickens as "poultry" instead of livestock, but I don't think that translates into your dog getting to kill someone's chickens with no repercussions. It's just ludicrous that someone should have to pay you for defending his own property from your 10K dog. Does the same apply to other domestic animals in Montana? Are people simply supposed to stand there and watch while some roaming dog attacks their dog, cat, chickens, whatever?
1. Your previous comment was based on the MT taxing authorities rule on what someone is required to report for taxing purposes. That's not Montana Code (annotated). I provided that code.
2. I did post that I would be required to compensate the owner for the loss if my dogs offended and I am subject to a $500 fine. Again all found in MT code which I provided. The sheriffs dept can require me to physically control the offending dog or other remedies as they prescribe.
3. I also pointed out that (here) you can 'kill' a dog attacking you or your pets. Not sure about a cat. Montana does not consider chickens to be 'pets'.
4. You can certainly take the law into your own hands and shoot a dog raiding your chicken coop, but if you do you break the law (again HERE). And if you're caught I have the right to compensation and a fully trained bird dog is around $10,000.
There seems to be this overriding misconception by certain people that one can kill a dog for whatever reason if it bothers them. A lot of states require the offended to contact an animal enforcement officer and not simply 'shoot first'. That's the law whether one likes it or not.
My dogs did not and have not offended the grumpy neighbor that drove up MY driveway with the sole purpose of telling me he will shoot my dogs if they go near his chickens. Guess what? That's against the law and I let him know it.
My dogs rarely, and I mean rarely leave my hard. I shot a bunch of prairie dogs in a field across from my property and they didn't get close to the property line. They wined a lot, but never cross.
Here's the text to the link I provided (link works for me)
Quote:
Montana Title 81. Livestock § 81-2-702. Definitions
Current as of April 27, 2021 | Updated by FindLaw Staff
As used in this part, the following definitions apply:
(1) “Animals” means livestock, dogs, cats, rabbits, rodents, game animals, fur-bearing and wild animals, and poultry and other birds.
(2) “Biologics” means medicinal preparations made from living organisms and their products. The term includes but is not limited to serums, vaccines, antigens, and antitoxins.
(3) “Department” means the department of livestock.
(4) “Health certificate” means a legible record written on an official health certificate form of the state of origin or on an equivalent form of the U.S. department of agriculture attesting that the animals, animal semen, or animal biologics described on the certificate have been visually inspected by a federally accredited veterinarian and found to meet the entry requirements of the state of Montana.
(5) “Livestock” means cattle, horses, mules, asses, sheep, llamas, alpacas, bison, swine, ostriches, rheas, emus, goats, alternative livestock as defined in 87-4-406, and other animals for purposes of disease prevention, control, and eradication.
(6) “Permit” means an official document issued by the department after proper application that allows the movement of animals, animal semen, or animal biologics into Montana.
(7) “Poultry” means domesticated birds, including but not limited to chickens, turkeys, ducks, geese, guinea fowl, pigeons, and pheasants.
1. Your previous comment was based on the MT taxing authorities rule on what someone is required to report for taxing purposes. That's not Montana Code (annotated). I provided that code.
2. I did post that I would be required to compensate the owner for the loss if my dogs offended and I am subject to a $500 fine. Again all found in MT code which I provided. The sheriffs dept can require me to physically control the offending dog or other remedies as they prescribe.
3. I also pointed out that (here) you can 'kill' a dog attacking you or your pets. Not sure about a cat. Montana does not consider chickens to be 'pets'.
4. You can certainly take the law into your own hands and shoot a dog raiding your chicken coop, but if you do you break the law (again HERE). And if you're caught I have the right to compensation and a fully trained bird dog is around $10,000.
There seems to be this overriding misconception by certain people that one can kill a dog for whatever reason if it bothers them. A lot of states require the offended to contact an animal enforcement officer and not simply 'shoot first'. That's the law whether one likes it or not.
My dogs did not and have not offended the grumpy neighbor that drove up MY driveway with the sole purpose of telling me he will shoot my dogs if they go near his chickens. Guess what? That's against the law and I let him know it.
My dogs rarely, and I mean rarely leave my hard. I shot a bunch of prairie dogs in a field across from my property and they didn't get close to the property line. They wined a lot, but never cross.
Ok. So in other words, your dog can kill your neighbor's chickens and your neighbor simply has to not only let it happen, but they have to pay you the market price of the dog.
I'd argue that any bird dog killing chickens wouldn't be worth fifty cents let alone 10K, but that would be for the courts to decide.
So you're telling me I have no ability to protect my property from being destroyed by someone's dog? All I can do is say "shoo" and if the dog continues killing my pet cat or chicken that's just too bad?
Not in Montana unless they threatened livestock. Chickens don't count. You'd be paying over $10,000 replacement cost for a fully trained bird dog. I’d have to pay replacement cost for the chickens and a $500 fine.
Point was my dogs never set foot on his property- he was puffing his chest and being bad man on the block. He loses his chickens to fox and coyotes anyway. My other neighbors lost 75% of their poultry to the same.
Having read your posts for a while now, I think I'd have to hear your neighbor's side of things before I could come to a conclusion on exactly what this exchange was about.
But to think that the state of Montana would force him to pay you $10K for a chicken-killing dog is fairly optimistic, regardless of how many chickens in the neighborhood are lost to foxes and coyotes.
Ok. So in other words, your dog can kill your neighbor's chickens and your neighbor simply has to not only let it happen, but they have to pay you the market price of the dog.
I'd argue that any bird dog killing chickens wouldn't be worth fifty cents let alone 10K, but that would be for the courts to decide.
A well trained bird dog would point at the henhouse. For a little while.
You're right it is for the courts to decide. A lot depends on the circumstance. My immediate neighbor (not Mr. Grumpypants that came up my driveway) moved from CA and basically set up an aviary. Chickens, turkeys, ducks, eurasian geese- you name it. They believed in 'free ranging', so their birds would wander all over the place including my property.
I had a nice conversation with the husband, and he was aware I have birdogs, and he was aware that my dogs will chase and kill them if given the opportunity. They had no real 'enclosure' on their property as well.
In that case I'd suspect a magistrate to take that into account that even if a dog was on their property- their failure to have an enclosure might play into their decision. Doesn't really matter any longer because the majority of their flock was depredated by coyotes and eagles. The last birds left were the large eurasian geese but that came to end when their own German Shepherds killed them.
But the fact remains- there is no 'right' to kill a dog in Montana unless it is harassing livestock or you and your pet.
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