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View Full Version : Tresspassing Dogs-what to do?




marathonman
01-02-2007, 01:08 PM
Let me paint the picture. Travel to cabin -3 hours. Hunt in blind with son who is legally small game hunting for first time--another 2 hours--sun setting. Dog comes running through property at prime squirrel hour. I have had similar incident during deer season. Heard reports of people shooting dogs and never really considered, but man is that irritating. What have you done?




Jumpshootin'
01-02-2007, 01:12 PM
Call the county Animal Control office.

bigcountrysg
01-02-2007, 01:18 PM
Call the county Animal Control office.

Do not shoot it, unless it is in selfdefense. If you do shoot it with out the shooting being in selfdefense then you run the risk of being charged with animal cruelty or a civil law suit from the owner.
As Jumpshootin' said call the Animal Control Officer. Or the Dog warden what ever you want to call them now adays. If you can trap it. The dog maybe lost and the owner maybe lookin for his missing friend.

hyperformance1
01-02-2007, 01:34 PM
if they are running game such as bear or coyote there is nothing you can do. the owners of the dogs are not allowed on unless they have permission.but the dogs are allowed to run through.

Beagle_Dan
01-02-2007, 01:37 PM
I just lost 2 of my beagles yesterday and am still hoping for their safe return. I hate stray dogs wandering all over God's country too, but you just never know that the wandering dog could have gotten separated from its owner, who would be so very thankful to get his dog back.

I don't know where you were hunting, but if you are anywhere near W. County Line Rd and Almy Rd, where Newaygo County & Montcalm County meet, and the dog you saw was a beagle, please send me a private message so I may contact you. That might have been my dog.

Thank you,
-Beagle-

marathonman
01-02-2007, 01:54 PM
not a Beagle. It was my neighbor's Airdale. Collared it, put her on a choke chain and walked her back up road to owner who had no idea that the dog escaped. A similar incident occurred from another neighbor who simply lets his dogs roam free. They come onto my land and run deer. I have tried to contact neighbor but he ignores.

Ninja
01-02-2007, 02:43 PM
if they are running game such as bear or coyote there is nothing you can do. the owners of the dogs are not allowed on unless they have permission.but the dogs are allowed to run through.

Absolutely incorrect.....the owners ARE allowed on private property to retrieve their dogs as long as they haven't been specifically denied access and they have no firearms in their possession. (CPL holders excluded)

lang49
01-02-2007, 10:37 PM
Absolutely incorrect.....the owners ARE allowed on private property to retrieve their dogs as long as they haven't been specifically denied access and they have no firearms in their possession. (CPL holders excluded)

What you're saying is true but isn't the whole story. While it is true that the owner can retrieve the dog provided they have not been told otherwise, dogs that run across private land are likely in violation of the dog law. Here is why:

DOG LAW (http://www.legislature.mi.gov/(S(hssmxh45boyxi3aw43t5jobe))/mileg.aspx?page=getObject&objectName=mcl-287-262&highlight=dog%20law#top) OF 1919 (EXCERPT)
Act 339 of 1919
287.262 Dogs; licensing, tags, leashes.

Sec. 2.

...or for any owner to allow any dog, except working dogs such as leader dogs, guard dogs, farm dogs, hunting dogs, and other such dogs, when accompanied by their owner or his authorized agent, while actively engaged in activities for which such dogs are trained, to stray unless held properly in leash.

f) “Hunting” means allowing a dog to range freely within sight or sound of its owner while in the course of hunting legal game or an unprotected animal

Therefore, If I were to verbally prohibit someone from entering my land and yet their dog were to enter my land and stray beyond the "sight or sound of its owner" the owner can be ticketed for violating the dog law...

You all may want to consider this sight and sound theory as it applies to all land...not just private.

Ninja
01-03-2007, 05:40 AM
http://www.legislature.mi.gov/(S(wx1uqjrfbu32b455jxispan3))/mileg.aspx?page=getobject&objectname=mcl-324-73101&queryid=16279629&highlight=hunting%20dog#top

NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT (EXCERPT)
Act 451 of 1994


324.73101 Definitions; F to P.

(f) “Hunting dog” means a dog allowed to range freely to engage in or aid in hunting on the day the dog enters the property of another person.



Seems the definition of Hunting Dog in the act above from 1994 supercedes the Dog Law of 1919.

lang49
01-03-2007, 08:15 AM
http://www.legislature.mi.gov/(S(wx1uqjrfbu32b455jxispan3))/mileg.aspx?page=getobject&objectname=mcl-324-73101&queryid=16279629&highlight=hunting%20dog#top

NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT (EXCERPT)
Act 451 of 1994


324.73101 Definitions; F to P.

(f) “Hunting dog” means a dog allowed to range freely to engage in or aid in hunting on the day the dog enters the property of another person.



Seems the definition of Hunting Dog in the act above from 1994 supercedes the Dog Law of 1919.

No...I believe the definitions section of any act applies solely to the terms within that particular act. I don't believe you can apply the definition of "Hunting dog" within the recreational trespass act to the term "hunting dog" within the dog law. They are two unique definitions applied solely to acts they exist within.

I'm not a lawyer but perhaps there is one who can confirm this...

Thanks,
Andrew

Michigander1
01-03-2007, 08:31 AM
I would talk to your neighbor.And see how that works out.Am sure he or she would hate to see something happen to it.We had the same problem here with a old lab coming up from the river in our back yd.Our neighbor next door lied to us and said they did not no whos dog it was.Told them going to bum me out if i have to shoot it.Reason being it gave my girlfriend a scare once in morning by running right at here.Craping in our back yr.And pinned our cat on the porch.I only killed in my life what i planed to eat.And dont plan to start eat dog as of yet.Folks that own the dog said hes old and wont hurt anything.Which pissed me off after i just got done telling them what i told you.So i said if he comes up missing dont bother to come looking here,So far hes been a good dog now,Like his owners :lol: Mich

MGV
01-03-2007, 09:34 AM
One thing i heard of people doing was taking the old Daisy BB gun and stinging the dog in the butt. I have heard of people doing that in the city. A big thing to remember is you do not want your son to learn that correction method. To me that would be a way to show him a incorrect use of a firearm.

Alibi
01-03-2007, 10:13 AM
Every situation is different, repeated times by the same dog, running deer, wild dog, dog never taken care of by owner, etc., etc. In this case, from both of your posts, it seems that it was quite innocent and problem was solved.

All responsible dog owners get dog licenses which provides money to counties to answer dogs complaints so that is who you should call and the right thing in any dog problem.

If you want more opinions all you have to do is do a search and you will be able to read more threads than you probably want to, even some opinions of the wrong (and unlawful) thing to do.:eek: :eek:

glockman55
01-03-2007, 12:02 PM
It's the dog owners fault. He should be fined, don't shoot the dog. It's just like the ATV's tearing up our State Forest, and they just ban the ATV because of a few A-Holes that feel the need to rip up the trails. Some Bad A%# Dudes:eek:

One Eye
01-03-2007, 05:08 PM
Call the Law.

Dan

Tecumseh
01-03-2007, 05:40 PM
All responsible dog owners get dog licenses


There are reasons why I would disagree with that statement but until [over]vaccination laws are addressed there will be plenty of responsible dog owners who don't get a dog license every year.

Whit1
01-03-2007, 06:59 PM
That's enough of reported posts and moderating this thread. Posts that suggest, infer or otherwise say that wandering dogs should be eliminated will be be closed or deleted.