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Can I spray my neighbors dog through the fence with repellent if I feel threatened?
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Can I spray my neighbors dog through the fence with repellent if I feel threatened?

My neighbors pit bull bit my son. Thankfully it wasn't a serious bite. Animal Control of course won't do much because no one died. The owners, of course insist that their dog is harmless.
I have a long driveway that passes right by the neighbors side yard. Every time I or my child walk down my driveway the dog comes out, runs up to the fence and starts barking very aggressively.
My fear is that the dog will decide one day to jump the fence and attack.
Now my son feels scared to even play in his own yard. And we can't even go down our driveway to get the mail without feeling threatened by the dog.
The fence is only about 4 feet tall and it is a wire fence.
Can I legally spray the dog through the fence to subdue it?


    




2010-09-16 16:52:48 +0000
Rating
No the dog is confined to the other property and therefor is not a threat unless you reach over the fence. If you did this you could be rightfully charged with animal cruelty.


2010-09-16 16:05:54 +0000
Only if it was coming under, through, or over the fence at the time. If it's just on the other side barking, spraying it would likely be considered by the dog's owners and the law to be an over-reaction, which could result in animal abuse charges. Not recommended.


2010-09-16 22:58:21 +0000
That sounds like a dangerous dog.

I wouldn't waste time on local animal control. Find out who on the state level has responsibility for dangerous dog issues. It may be in the Department of Agriculture.


2010-09-16 16:02:16 +0000
The smart move here is replace the 4 foot wire fence with a higher privacy fence.

Fair or not, your neighbors could likely make a good case against YOU if you attack their animal while it is in its own yard.

In addition, "subduing" the animal with a repellent is not going to solve the ongoing problem (i.e., your fear and your child's fear that the dog will jump the fence).

Good luck with your decision,
~Dr. B.~


2010-09-16 16:00:46 +0000
i dont think yu can legally spray a dog for just barking at the fence..
now if it does come over the fence thats a diffrent story, i do understand that your just looking out for your child, but maybe instead of playing in the yard just send him or her to the park :D


2010-09-16 16:02:56 +0000
Rating
Probably not. However, you should talk to the neighbors about this. I had a dog next to me one time - not scary but barked every second someone was out at my house - so I know what your going though. If that doesn't work, file a complaint. Not only Pits but other dogs who do this at some point get out and attack. YOu have to do something.


2010-09-16 15:59:27 +0000
The laws vary from state to state, but probably not.


2010-09-16 15:59:56 +0000
I would...I'd also threaten to sue about that dog...it's vicious and needs to be kept INSIDE away from people...





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