Full question:
A cattle rancher killed our dog while he was on his property for a short time. He shot him right in front of our daughter. Does he have to prove that my dog did damage in court. Coyotes and other animals are here. Are there special circumstances for knowing we were right there to get him. Does the rancher have to show proof that our dog was the one who killed a calf?
- Category: Animals
- Date:
- State: California
Answer:
If someone kills a dog, they must have proof that the dog was killing or injuring livestock, or they must catch the dog in the act. The law allows for a dog to be killed without exception for the presence of its owners if it is actively harming livestock. However, if the dog is merely bothering livestock and has identification tags, some counties may require that the owner be notified before the dog can be killed.
Under California law (Cal. Food & Agric. Code § 31102), a person may kill a dog if:
- The dog is found in the act of killing, wounding, or persistently pursuing livestock.
- The person has proof that the dog has recently killed or wounded livestock.
No legal action can be taken for killing a dog in these situations. If the dog has no visible identification and is worrying livestock, it can be killed without prior notice. If the dog has identification and is found worrying livestock, it can only be killed if the owner has been notified of previous incidents.
Additionally, livestock owners can recover damages for losses caused by a dog (Cal. Food & Agric. Code § 31501). If someone believes their livestock was harmed by a dog, they can file a complaint in court (Cal. Food & Agric. Code § 31503).
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.