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Saturday, September 7, 2013

Duck VS Dog Revisited

 
We republished a story from KSL.com about their radio commentators making fun of Garden City because a dog was killed after attacking and killing pet ducks on private property.  It was that comment that we thought offensive.  But now we think that there needs to be further information to clarify the situation.
 
According to several sources, the Negus family had their children's pets killed or disturbed before the incident happened one and one half year ago, and that the dog in question had attacked other people in the neighborhood.  Negus had asked the county sheriff what to do in the situation and was advised that he could protect his family.
 
Rich County Commissioner Bill Cox said that the lawsuit against the county was being handled by their insurance company, but Ben Negus will need to hire an attorney himself to defend against the charges.  If the dog in question was destroying private property and frightening people what is the proper course of action?  There are no leash laws in the county, but should animals be allowed to run loose and into other people's property?

I received this from an attorney who said, "Apparently it is legal to kill dogs in this situation in Utah. My question is whether the dog was still considered "being pursued" after the dog had been rounded up, taken away, and taken back to the property to be shot.  Even if it is legal, it still seems awfully cold-blooded. I guess that's small town values for you."  

Utah Law 18-1-3.   Dogs attacking domestic animals, service animals, hoofed protected wildlife, or domestic fowls.
            Any person may injure or kill a dog while: (1) the dog is attacking, chasing, or worrying: (a) a domestic animal having a commercial value;  (b) a service animal, as defined in Section 62A-5b-102; or (c) any species of hoofed protected wildlife;  (2) the dog is attacking domestic fowls; or  (3) the dog is being pursued for committing an act described in Subsection (1) or (2)

Editor's Note:  Don't let your animals run loose, period.
 

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