If my dog barks at people and runs towards em, but I recall him before he steps off my property, is it legal for me to have him in the back yard with just an e-collar? He's not a threat to anyone, but he has a bark that scares the cr*p outta my neighbors. I'm half expecting them to call animal control one of these days, the neighbors mother in law takes him by surprise, appearing from behind trees etc which sends him into a barking fit. She's absolutely terrified of him, n immediately runs towards her back door even after Ive recalled him n he's laying at my feet barking at her. He won't stop barking as long as she's in sight, he doesn't seem to like her at all, n he's realized that she runs away if he barks at her which, to my pleasure, has built up his confidence.

I read the Florida statutes on leashes, n it just says that dogs that are determined to be dangerous by animal control are required to be indoors or in a fenced in yard. Doesn't say anything about dogs that aren't dangerous that bark at potential trespassers. Is verbal control over a dog good enough to satisfy legal requirements? Or am I in the clear anyway as long as he stays on my property?

If I'm not mistaken, this is something that is up to your local community. In mine, a dog is allowed off leash anywhere as long as it is under voice control...with the exception of locations where a sign is posted that your dog must be on leash.

Here, in Western North Carolina, your dog must be leashed at all times when he is off your property, but as long as he stays on your property there is nothing they can say. The ordinance used to say that your dog must be leashed or under voice control at all times when off your property, but there were so many loose dogs on hiking trails and in the park that were supposedly under voice control and weren't, that they amended the ordinance so that you MUST have your dog LEASHED when off your property.

I think your best bet is to just call your local branch of Animal Control and ask them if you have to have your dog leashed while on your property, or if voice control is sufficient.

In my area the dog doesn't have to actually touch anyone, it just has to be the proximate cause of an injury.

According to the Florida statute for Dangerous Dogs- you might run into trouble. Since the dog is on an electric collar it requires that you be aware of what's going on- all it takes is seconds of inaction or fumbling and your dog might be over the property line. Even if within your property, if he startles someone, they fall and break a bone- you would be held liable. Without the E-Collar- would he stop? Will it escalate since he's "winning" and in his mind chasing her away? Animal Control has no sense of humor, they just might decide your actions are negligent and that the dog is a danger.

From the Florida Statues: (parts removed)
767.10 Legislative findings. -.The Legislature finds that dangerous dogs are an increasingly serious and widespread threat to the safety and welfare of the people of this state because of unprovoked attacks which cause injury to persons and domestic animals; that such attacks are in part attributable to the failure of owners to confine and properly train and control their dogs; that existing laws inadequately address this growing problem; and that it is appropriate and necessary to impose uniform requirements for the owners of dangerous dogs.

767.11 Definitions. - As used in this act, unless: the context clearly requires otherwise1) "Dangerous dog" means any dog that according to the records of the appropriate authority:

(a) Has aggressively bitten, attacked, or endangered or has inflicted severe injury on a human being on public or private property;

(d) Has, when unprovoked, chased or approached a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack, provided that such actions are attested to in a sworn statement by one or more persons and dutifully investigated by the appropriate authority.

(2) "Unprovoked" means that the victim who has been conducting himself peacefully and lawfully has been bitten or chased in a menacing fashion or attacked by a dog.

(3) "Severe Injury" means any physical injury that results in broken bones, multiple bites, or disfiguring lacerations requiring sutures or reconstructive surgery.



Bottom line- if your dog's menaces or his actions cause injury to a person on public property or legally on private property- he can be declared a "dangerous dog". Doing it once or twice might be overlooked, by allowing it to continue you're on dangerous grounds.

The statute lists several things that can cause a dog to bite someone and specifically states they are NOT valid excuses for a bite. Startling a dog or invading it's territory are listed.
Florida Statue 767

Thanks, I'll contact animal control and find out where I stand exactly. I have no fear of him biting anyone, he's been up to the lady that freaks out before, he just wants to sniff at her, but when she takes him by surprise, like suddenly appearing from behind bushes, he sees it as a threat, n since she starts running, he gives chase n barks even more.

I'm reluctant to buy a fence because the community approved fence costs about $10,000. Fences are ridiculously overpriced, but letting my dog run in the back yard is easier on me than running around the block twice a day. He has alot of energy n playing fetch in the back yard seems to burn it up nicely without much effort on my part.

It's not having him in an unfenced yard (with you there) that would worry me. When he barks and rushes at the neighbor- that's a problem. As you said, his confidence is increasing.
Anna

I work as a prosecutor and in my jurisdiction, so long as the dog is on your property, you would be fine. However, be aware, that there is case law out there that if someone comes on your property and your dog bites them, you can still be held liable. Depends on the jurisdiction but the case law is out there.

Out of curiousity, why are you allowing him to continue barking at your neighbors once he is in a down by your side? I can understand working on confidence in a young dog but in this specific situation allowing the dog to scare the bejesus out of your neighbors is only going to increase the odds that they are going to complain to animal control. Not trying to tell you what to do but if it was me, I would work on confidence building with someone other than your neighbor's elderly mother-in-law <img src="/ubbthreads/images/graemlins/grin.gif" alt="" />

I don't remember where I read it, but it applies to my dog very strongly... "once a dog likes to bark, the trick is getting him to shut up".

I spoke to my neighbors yesterday and apologized for my dogs behavior, the younger of the 2 ladies laughed and said it was ok, the older lady is scared of even the 2 yorkies that live on the other side of their house. My dog has absolutely no aggression towards them, he just barks, but when he's up close he wants to play with them, its just that people are scared of a big barking dog, wether or not he has good intentions.

But hey the mods seem to be gettin pretty anal about what's allowed to be posted on here and what not, so I'm gonna leave you with these parting words, I'll be back when the board has made its miraculous change. Until then, I'll keep my questions for the nice folks at the local Schutzhund club. My signature still holds true.

Orange County Municipal Code Sec. 5-50. Violations; construction of article.

(a) It is a violation of this article for any person, either willfully or negligently, to:

(15) Allow an animal to bite a human being unless such animal is reacting to a person unlawfully on property or protecting its owner or keeper from an unjustified attack or assault.

"Good morning, Mike, and thank you for your note. Under our current ordinance, dogs are not permitted to run at large off the premises of it's owner. Strictly speaking, your dog is permitted to run around your back yard without a leash - as long as he/she stays in your yard. The Dangerous Dog classification is specific to only those dogs that have been declared "Dangerous" by our Division - those dogs must be maintained in a specific manner, within a "proper" enclosure. Your dog's barking in and of itself does not constitute "dangerous". Excessive barking could be considered a violation of the nuisance portion of our ordinance, but it would not be cause for classifying the dog as "Dangerous". If your neighbor is injured as a result of your dog's barking - they may have cause for a civil suit against you - but that is outside our jurisdiction.

I would recommend that if there is any chance that your dog might run off your property while you are outside with it, that you have it on a leash, just to be safe.

Hope this helps. Thanks for your concern and being a responsible pet owner.

Sincerely

Bradley Campbell
Program Manager for Customer Service
Orange County Animal Services"