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Posted: 11/3/2009 5:08:59 PM EST
[Last Edit: 11/3/2009 5:10:06 PM EST by GreatDane]
Alright, kind of an odd question here...

Wife & I live in an apartment complex. Woman above us recently got a dog. Some kind of huge mutt, about 95 pounds of very territorial dog. Said neighbor never puts a leash on her dog, or even a collar (thus no tags, so we have no idea if it's been vaccinated), and the dog does NOT follow voice commands from it's owner. Neighbor let the damn thing run free, with no collar or leash, all the time. Most of the time, we don't even see the neighbor, as she's sitting on the stairs talking on the phone and having a cigarette while the dog does it's business.


Here's the problem: Our front door is right next to the stairs, and part of what the dog has claimed as it's territory. Thus, whenever the dog is out and my wife or I want to come into or out of our apartment, there's lots of screaming (neighbor and my wife) swearing (me) and barking and growling (dog). We've asked the neighbor to put her animal on a leash a walk it (we were told to fuck off), have complained to the office (nothing got done), and I feel that the situation has gone on long enough.


So here's the question: will I get in trouble if I Mace the dog? Shoot the dog? What if my wife shoots or Maces it? Probably go with Mace, but, like I said, it's a big, angry dog, and nothing works like lead poisoning. What say you?


ETA: I'm assuming that Maceing the owner is out of the question, right?
Link Posted: 11/3/2009 5:18:17 PM EST
Have you reported it to the management yet? I'm sure there are rules written in the lease involving dogs
Link Posted: 11/3/2009 5:26:43 PM EST
Originally Posted By R89:
Have you reported it to the management yet? I'm sure there are rules written in the lease involving dogs


We have, but they have paid their pet deposit, and that's all the landlords care about... We were in a rush to move in here, and we're stuck in this slum until May 31st, but we already have a new place picked out and a holding deposit placed on it.
Link Posted: 11/3/2009 5:29:01 PM EST
Contact Animal Control (laughable I know), local LEO and especially the apartment complex manager.

If it charges, I kick it's teeth in...If it bites me I, to kill it...
Link Posted: 11/3/2009 5:35:52 PM EST
Originally Posted By R89:
Have you reported it to the management yet? I'm sure there are rules written in the lease involving dogs


This^ but go around the local management to the owners,etc. I would get some video as for proof of a potential lawsuit waiting to happen, not necessarily by you but by anyone. Maybe animal control.
Link Posted: 11/3/2009 6:00:12 PM EST
Contact FWCC about a animal on the loose. Do it enough times and it becomes a nuisance animal and is taken from the owner.
Link Posted: 11/3/2009 6:06:20 PM EST
Originally Posted By apricotshot:
Contact FWCC about a animal on the loose. Do it enough times and it becomes a nuisance animal and is taken from the owner.


FWCC? Fish & Wildlife commission? For a dog?
Link Posted: 11/3/2009 6:30:04 PM EST
Soak a few small pieces of sponge in bacon grease and feed them to Fido.
Link Posted: 11/3/2009 7:06:08 PM EST
#1. Find out what the rules are about havind a dog in the apartment complex. You said they paid a pet deposit but there still must be some written policy about keeping it on a leash or barking or something.

#2. write a detailed professional letter explaining what violations of policy the dog and owner are commiting and notify management that you will hold them civilly responsible for any injury suffered. Mail the letter by certified mail with return receipt.

#3. Every time you observe a violation call the management and report it. Keep a record of every call you make.

#4. Contact animal control and find out exactly what their policy is about complaints and follow it.

You might check with the post office and find out exactly what they use on dogs because I'm not sure mace is as effective.
Link Posted: 11/3/2009 7:07:33 PM EST
Call the cops first and let them know the situation. They will ether fine her and make her get it a collar and up to date vaccination records or will take the dog away from her and the dog will be destroyed.

If nothing is done... Mag dump.
Link Posted: 11/4/2009 2:08:44 AM EST
I like where this is going..............
Link Posted: 11/4/2009 2:19:30 AM EST
[Last Edit: 11/4/2009 2:20:24 AM EST by GreatDane]
Originally Posted By Slug-O:
I like where this is going..............


GTFO my thread, Slug-O. You're dead to me until the other one gets updated.
Link Posted: 11/4/2009 2:19:54 AM EST
Buy a suppressor

Link Posted: 11/4/2009 2:37:19 AM EST


I bet you could sweep her and the dog with the spray if you time it right. Well you know the dog was coming right for you and all.
Link Posted: 11/4/2009 2:43:26 AM EST
Originally Posted By GreatDane:
Originally Posted By apricotshot:
Contact FWCC about a animal on the loose. Do it enough times and it becomes a nuisance animal and is taken from the owner.


FWCC? Fish & Wildlife commission? For a dog?


It's an animal isn't it? Call county as well. More agencies the better.
Link Posted: 11/4/2009 4:01:15 AM EST
[Last Edit: 11/4/2009 4:01:28 AM EST by Hendricks5150]

Originally Posted By GreatDane:
Originally Posted By Slug-O:
I like where this is going..............


GTFO my thread, Slug-O. You're dead to me until the other one gets updated.

+1

You know what you have to do...
Link Posted: 11/4/2009 4:03:46 AM EST
The next time it is out free without a leash, call animal control.

I had a similar situation. Neighbor let two very large dogs stay in the front yard on leashes long enough to let them reach the sidewalk. They would charge everyone who walked by. Neighbor stated "they are on a leash, so you can self-procreate." Called the city and filed a complaint. Animal control came out, had a wonderful conversation with the owners, and issued a citation. Dogs are rarely out on the front porch now, and when they are, they are on much shorter leashes.

In Jacksonville, you can go to coj.net and place your complaint on line. Doesn't get much easier then that.
Link Posted: 11/4/2009 7:03:34 AM EST
No leash, no tags and owner not easily visible? Call animial control and tell them there is an aggressive dog walking around with no collar, leash or owner in sight. Hopefully the dog will still be outside if/when they show up. Keep calling every time you see it and I would think there is a good chance to get the problem taken care of.

If the dog charges you and threatens you of harm, I'd say you are well within your rights to pull the trigger. A dog is property, not a person.
Link Posted: 11/4/2009 9:09:23 AM EST
Originally Posted By apricotshot:
Originally Posted By GreatDane:
Originally Posted By apricotshot:
Contact FWCC about a animal on the loose. Do it enough times and it becomes a nuisance animal and is taken from the owner.


FWCC? Fish & Wildlife commission? For a dog?


It's an animal isn't it? Call county as well. More agencies the better.


FWC will probably laugh at you if you call them about a dog. Try animal control.
Link Posted: 11/4/2009 12:59:34 PM EST
[Last Edit: 11/4/2009 1:02:19 PM EST by 85blazer]
Originally Posted By JohnnyEgo:
The next time it is out free without a leash, call animal control.

I had a similar situation. Neighbor let two very large dogs stay in the front yard on leashes long enough to let them reach the sidewalk. They would charge everyone who walked by. Neighbor stated "they are on a leash, so you can self-procreate." Called the city and filed a complaint. Animal control came out, had a wonderful conversation with the owners, and issued a citation. Dogs are rarely out on the front porch now, and when they are, they are on much shorter leashes.

In Jacksonville, you can go to coj.net and place your complaint on line. Doesn't get much easier then that.


+1 Also take a picture of the dog out without a leash.
I have been bit twice this year
1st in the leg while riding my 50cc Honda to the mail box and 2nd in the hand trying to break up a fight between 2 dogs(I know stupid).
Animal control in Duval co. will give you paperwork for you and someone else to fill out and that is where the pics of said dog come into play.
The people a few houses down from me got 2 pit puppies and started letting them roam free.
A few fines later they got the hint.

ETA I did go over several times in person and even returned the dogs to them before calling the city.
Link Posted: 11/4/2009 1:17:16 PM EST
Spray FOX 5.3 liberally.
Link Posted: 11/4/2009 8:17:42 PM EST
Don’t rely on spray to stop an attacking dog. If they are just growling showing other signs of aggression, then pepper spray (I carry First Defense x2) works great. If the dog is actively attacking your spray will only affect you and the person being attacked. Another thing I have come up on is a dog attached to a persons arm. Can’t shoot for fear of missing or over penetration and the victim getting hit. The Taser worked perfectly in this situation.

Anyway, my point is don’t rely on spray alone. I did, and I got bit and had to shoot the dog anyway. Also, don’t rely on just a firearm. If there are others around you don’t want to take any chances of hitting another person while attempting to Glock the dog. It sounds like a bad situation and I would ride the apartment management and animal control until it gets resolved. It doesn’t hurt to call law enforcement either. There is nothing we hate more than getting 3 calls in 1 day about the same thing.
Link Posted: 11/5/2009 3:54:39 AM EST
[Last Edit: 11/5/2009 5:12:44 AM EST by gunnut284]
Every time you see the dog out and off leash call animal control and/or the local police (depending on your local laws/ordinances). Press the issue with management. You want as much paperwork to show you attempted to correct the issue though lesser channels before you spray or shoot the dog. Or if you get bit. FWIW, my understanding is that animal control citations are quite expensive.

Remember, the squeeky wheel gets the grease.
Link Posted: 11/5/2009 5:02:56 AM EST
I can't believe noone has suggested this first but MOVE OUT OF THERE! I understand you have a lease until May 31st but having this issue repeatedly brought up to management with no resolution can easily be construed as a breach of contract. Remember that the lease agreement you signed when you moved into this hell-hole was a binding contract between both you (the tenant) and the management of the apartments (the landlord). If you don't hold up your end of the contract you are subject to eviction. This is very well known by anyone who has ever rented.

This goes the same way for the tenants renting the domicile. There is such a thing as "Tenants' Bill of Rights" specifically written to keep tenants from getting screwed over by unfair or neglegent landlords and they apply to law the same way as your end of the bargain does. I'm almost certain there is something in your neighbor's lease agreement that pertains to having her hound of hell vaccinated, collared (thus showing proof of said vaccination), and leashed at all times. It probably also dictates she clean up and dispose of the dog piles her beast is leaving right in front of your door. Being that you've made complaints with no actions this should be grounds for a legal breach of contract as you fear for your safety. This could be a potential lawsuit if one of you are attacked and they should be reminded of this.

You've already got your other place picked out so get the hell out of this apartment complex. I'd consider this a blessing so that you can terminate your lease agreement early with no fear of losing your deposit, incurring extra fees, and even hurting your credit (yes, it can actually happen). It is possible you'll need legal representation but I'd take a nice, thorough read of your current copy of lease agreement. This is a MAJOR loophole. You can also pull a search and see what all your rights are as a tenant. Believe me, you'd be AMAZED at how much power the tenants hold and most of them don't even know it. If you knew this in and out you'd easily see how it's so common for landlords to get the shaft from spiteful or deadbeat tenants. It happens all the time. In any lease the tenant actually has a LOT more power than the landlord does. It's a fact.
Link Posted: 11/5/2009 5:18:23 AM EST
Originally Posted By FlaDevmeister:
I can't believe noone has suggested this first but MOVE OUT OF THERE! I understand you have a lease until May 31st but having this issue repeatedly brought up to management with no resolution can easily be construed as a breach of contract. Remember that the lease agreement you signed when you moved into this hell-hole was a binding contract between both you (the tenant) and the management of the apartments (the landlord). If you don't hold up your end of the contract you are subject to eviction. This is very well known by anyone who has ever rented.

This goes the same way for the tenants renting the domicile. There is such a thing as "Tenants' Bill of Rights" specifically written to keep tenants from getting screwed over by unfair or neglegent landlords and they apply to law the same way as your end of the bargain does. I'm almost certain there is something in your neighbor's lease agreement that pertains to having her hound of hell vaccinated, collared (thus showing proof of said vaccination), and leashed at all times. It probably also dictates she clean up and dispose of the dog piles her beast is leaving right in front of your door. Being that you've made complaints with no actions this should be grounds for a legal breach of contract as you fear for your safety. This could be a potential lawsuit if one of you are attacked and they should be reminded of this.

You've already got your other place picked out so get the hell out of this apartment complex. I'd consider this a blessing so that you can terminate your lease agreement early with no fear of losing your deposit, incurring extra fees, and even hurting your credit (yes, it can actually happen). It is possible you'll need legal representation but I'd take a nice, thorough read of your current copy of lease agreement. This is a MAJOR loophole. You can also pull a search and see what all your rights are as a tenant. Believe me, you'd be AMAZED at how much power the tenants hold and most of them don't even know it. If you knew this in and out you'd easily see how it's so common for landlords to get the shaft from spiteful or deadbeat tenants. It happens all the time. In any lease the tenant actually has a LOT more power than the landlord does. It's a fact.


Good points, and maybe the smartest suggestion of any... Course of least resistance, move if you can. ..... I would write the management about the dangerous situation with the dog and make sure you get a return. Call Animal control and the police and get copies of the complaints.

Then present all of the above to the Management as the reason you feel in danger and want to break your lease.

Oh, and I'd also by a suppressor.... And if you are going to buy a suppressor, you might as well get a new host weapon as well, right?
Link Posted: 11/5/2009 5:59:58 AM EST
Also remind management of the huge liability if this dog does attack you. If there is a written policy on dogs, the owner signed the policy, paid the deposit. Then all they are doing is fucking themselves. Remind them of this, and I'm sure something will be done. Heck, the last thing you want is a dog bite and stitches, a dead dog and a law suit.
Link Posted: 11/5/2009 6:00:18 AM EST
[Last Edit: 11/5/2009 6:00:34 AM EST by mercdank]
call animal control, say the dog attacked you and tried to bite you many times. they will show up, and hopefully be barked and growled at by the dog. you will say, "thats the one" and they will tranq that shit and put it to sleep.
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