Is it legal for a rancher we live by to shoot and kill our dog without any notice or defense?
Full Question:
Answer:
If the killer of a dog has conclusive proof that a dog has killed livestock, or catches the dog in the act of killing livestock, the law allows the dog to be killed and does not provide an exception for the presence of its owners. However, if the dog is bothering, rather than killing livestock, and is wearing identification tags, some counties may adopt a law that requires the person to inform the dog's owners before it is allowed to kill the dog.
The following are CA statutes:
§ 31102 Food & Agric.
Except in an area in which the provisions of Article 2 (commencing with
Section 31151) of this chapter apply or as otherwise
provided in Section 31104, any person may kill any dog
in any of the following cases:
(a) The dog is found in the act of killing, wounding, or persistently
pursuing or worrying livestock or poultry on land or premises which are
not owned or possessed by the owner of the dog.
(b) The person has such proof as conclusively shows that the dog
has been recently engaged in killing or wounding livestock or poultry
on land or premises which are not owned or possessed by the dog's
owner.
No action, civil or criminal, shall be maintained for the killing
of any such dog.
§ 31151 Food & Agric.
The provisions of Sections 31102 and 31103 shall not apply in any
area of a county in which the board of supervisors has provided, by
resolution, that the provisions of this article apply.
§ 31104 Food & Agric.
The provisions of Sections 31102 and
31103 shall not apply to any dog which is inside the
corporate limits of any city, or city and county, or to any dog which is
under the reasonable control of his owner or keeper, unless the dog is
actually caught in the act or worrying, wounding, chasing, or killing any
livestock or poultry.
§ 31152 Food & Agric.
Any person may kill any dog in any area of a county in which the
provisions of this article apply in any of the following cases:
(a) The dog is found in the act of killing, wounding,
or persistently pursuing livestock or poultry on land or premises not
owned or possessed by the owner of the dog.
(b) The dog has no readily visible identification tag or license
tag prescribed by Section 30951 and is worrying livestock or poultry
on land or premises not owned or possessed by the owner of the dog.
If the dog has on him any readily visible identification tag
or license tag prescribed by Section 30951, and the dog is found in the
act of worrying livestock or poultry on land or premises not owned
or possessed by the owner of the dog, the dog may only be killed if the
dog has, and the owner has been notified that the dog has, previously
so worried livestock or poultry.
(c) The person has such proof as conclusively shows that the dog
has been recently engaged in killing or wounding livestock or poultry
on land or premises not owned or possessed by the dog's owner.
No action, civil or criminal, shall be maintained for killing a dog
as authorized by this section.
§ 31501 Food & Agric.
The owner of any livestock or poultry which is injured or killed by
any dog may recover as liquidated damages from the owner of the dog
twice the actual value of the animals killed or twice the value
of the damages sustained by reason of the injuries, as the case may be.
§ 31503 Food & Agric.
If any person sustains any loss or damage to any livestock or poultry
which is caused by a dog, or if any livestock of any person is
necessarily destroyed because of having been bitten by a dog, the person
may file a complaint in the superior court of the county within which the
damage occurred. A proceeding under this section is a limited civil
case.
§ 31504 Food & Agric.
The complaint shall satisfy all of the following requirements:
(a) Be in writing.
(b) Signed by the person that makes it.
(c) State when, where, what, and how much damage was done.
(d) State, if known, the name of the person that owns the dog
or was in charge of it when the loss or damage was sustained.
§ 31508 Food & Agric.
Upon the return day fixed in the summons, the judge shall proceed
to determine whether the loss or damage to the livestock was caused
by the dog. If he finds that it was caused by the dog, he shall
notify the person that owns the dog or was in charge of it when the
loss or damage was sustained to kill the dog. Failure of such person
to kill the dog as directed renders the owner subject to the
penalties which are prescribed in this division.