My dog, my fence, the law? - Paw Talk

chocolatepuppy · #1 07-19-2004, 10:14 PM

Well it finally happened. My husband had Lacey out and the neighbor, who is a druggie, her daughter and her 3 year old grandson come out her backdoor with her 5 little dogs on leashes to go for a walk. The little boy races to our fence and Lacey starts barking and runs over there much faster than my husband can get to the fence.(her driveway is closer to our fence than our garage)Well of course he sticks his fingers in and thank god Lacey licked his fingers!My husband grabbed her and stuck her in the house. The boys mother, also stoned,grabbed him.
Lacey is not well socialized with children and she is a very fearful dog,not aggressive,fearful.We spent $2,000. on a fence and have to worry at least 1/2 the time she is out there because of this(she's never out by herself)The daughter and grandson, at least for now don't live there.
Our fence is 6 ft wood along the back and the rest is 4 ft. chain link.It is just our back yard that is fenced,it's about 90 ft. by 60 ft.The zoning says it must be two feet off of our property line and on her side it is four feet. We did that to line it up with our wood fence and with the house.
So my question is this: what if Lacey snaps at the little boys fingers through the fence? Not only is she fenced on her own property but the little boy is four feet in on our property!Will we have a legal leg to stand on? Does anyone know? Has anyone had a problem like this? Any opinion is welcome.But please don't suggest talking to the neighbor, like I said she's stoned or drunk most of the time.

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Chrisanne · #2 07-19-2004, 10:23 PM

Well, from what I gather most in most states it wouldn't matter. You are required to control your dog fence or no fence. Its sad, but its true.

Plenty of kids in this world get bitten, but 9 times out of 10 no matter the cause the animal in question is wrong in the eyes of the law.

chocolatepuppy · #3 07-19-2004, 10:42 PM

Yes Chrisanne that's what I've always heard too. Just wondering if anyone's dealt with it. And like I said Lacey just licked his fingers. We really don't think she would bite him but we worry so about it. It just spoils it for us, finally a fenced in yard and now enter one ignorant neighbor. I mean it's not everyday but the few times it happens it's bad enough. Last year when he was two he made it to the fence and Lacey wouldn't get close, just barked.We just have to be extra careful. Thanks

Candycane · #4 07-20-2004, 01:05 PM

Could you invest in those plastic slats that weave into the chain link? That way, the boy won't be able to get his fingers through the fence.

DirtySouthChins · #5 07-20-2004, 01:11 PM

I have always heard what Chrisanne mentioned above.....Candice that is a great idea also, I don't if they sell this or not back in the states as I never looked, however over here we have bamboo shades (I guess is what it might be called) and that is what we have placed across our bar type fencing at the top of our wall to prevent stray cats from coming in our courtyard area, that might be a suggestion if you could find those there.

chocolatepuppy · #6 07-20-2004, 04:18 PM

Thanks Candycane and NavyWife97! Never thought about the slats, I was even considering putting up a second (cheap fence) a few feet out as we do have the room and will still be within zoning. Like I said it's not an everyday thing but it really keeps ya nervous. I was glad she licked him and I don't think she would bite, but if she's scared who knows?
If we could work with the neighbor maybe we could work something out but like I said she's either drunk or stoned most of the time.

Candycane · #7 07-20-2004, 04:42 PM

http://www.yourfencestore.com/slatchoice.htm

Those are some of the types of slats available.

chocolatepuppy · #8 07-20-2004, 05:03 PM

Hey thanks Candycane, I'll have hubby look at those when he gets home. There's one I really like. Maybe my neighbor will kick in 1/2 to pay for it with some of her drug money

Formula86 · #9 07-21-2004, 03:06 AM

you know what i would do? honestly...that is so annoying and wrong. if it happens again, i would call the police and have them tell the neighbors to keep off of your property! they are NOT allowed on there.

you shouldn't have to fix your fence for stupid people. but unfortunately, if it comes to that...i guess you have to.

i'm really sorry.

chocolatepuppy · #10 07-21-2004, 06:25 AM

Thanks Jane, that's really how we feel. Like my hubby said we spent all that money, put up a nice fence so we could keep our dogs safe and now we have to worry 1/2 the time ya take her out!We're thinking about putting up a no tresspassing sign for starters.People on another board suggested calling animal control to find out just what our options are.Thanks for your input!

Tilt · #11 07-21-2004, 07:01 AM

I would definitely look into your options and local dog related laws. Get a good idea of what could happen to you and your dog if she bit someone who trespassed. See if there are any other cases of that happening in your area, as well. Find out if you have anything to seriously worry about. Then do what you can to protect yourself, your dog, and idiotic neighbors and their children.

chocolatepuppy · #12 07-21-2004, 04:31 PM

Thanks Roz, that's the plan !

chocolatepuppy · #13 07-31-2004, 02:13 PM

I was trying to post an update on this last night when, guess what happened? Neighbors daughter pulls in, kid (who was not in seat belt) jumps out of car and runs for the fence. I can make it from this computer to the fence in at least 8 seconds.(Couldn't breathe for an hour after that.) Hubby was in garage and on his way so everything ok. I called over there and informed grandma that I called the county dog warden and he said to notify the mother that I want her to keep her child off my property.She put daughter on phone. I was very polite and explained that I didn't feel he should be alone at the fence unsupervised. She was very polite and I thanked her. I'm sure it will do little good as I said before the two women are losers. The dog warden also advised us to put up no tresspassing signs.
My next step is to call the shelter I got both dogs from and see if they can get me some legal advice. We looked into slats for the fence but it seems they still have room for the little boy to stick his fingers in.
Luckily neighbor went back to work from lay off and she works swing shift so it gives us some time to have Lacey out and not have to worry.I just pray that the daughter never has another child! I have prayed for that poor child since she had him!

PaBabyBlue · #14 08-02-2004, 12:34 PM

We spoke to a lawyer in our state regarding dog bites, and we were told that putting up a "No Trespassing" sign on your fence, or your door or anywhere on your property is better because it deters people from coming on your property and pretty much protects you by the law, if someone were to get bitten, because it is your property and they were warned not to trespass. However, never put up a "Beware of Dog" sign because you are admitting that your dog is potential danger, and never warned a person not to trespass on your property, thus you are not protected by the state law when someone is bitten. So I would definitely get a "No Trespassing" sign, also try the plastic slats in your chain link fence, ask the neighbors to keep their children off your property (like you already did :blob2: ), and still check out the laws and regulations in your state

chocolatepuppy · #15 08-02-2004, 08:16 PM

PaBabyBlue, Thanks for your response! I checked Ohio state laws on the internet and yes you're right about the tresspassing part, but according to our laws there seems to be a problem when it involves children. Athough I think if a three year old gets bit through a fence it should be a problem for children services not animal control! Like where is the parent? If this child can get to my fence he can also get in the road,which he did when he was two! I was on my way out the front door to get him but the neighbors saw him then too and went after him.
I did call the shelter where my dogs came from and they suggested calling the police for advice also.The only attorney I've had was a workers comp attorney, so I don't know who I could call.
I appreciate any advice on this and we will continue to be careful. I still don't think my Lacey would bite him but you can't be too careful.