Sat
Mar 10 2007
11:39 am

Haste makes waste.

The TN Senate voted to approve a law (SB0139) making it a misdemeanor (amendment) if your dog goes off premises even if the dog's owner was not at fault. For example, your dog is in your fenced in backyard. A worker enters your backyard and upon leaving forgets to secure the gate. Your dog runs into the street. You can then be charged with a crime.

Now I am all for responsible animal ownership. We own a pup, or it owns us, not sure which. Our pupster is definitely pampered and we take extreme care to ensure her safety as well as the safety of others around her. In her ten years of existence she has escaped 3 or 4 times. I cannot imagine being arrested for such a misdeed. Neither of us have never been arrested for anything. I think this is just a step too far.

I suppose my next step is to ask what problem resulted in the introduction of this bill. And, hey, if dogs then why not cats? They can do damage too. I jest. Just because there is a bad bill does not mean we need to make it worse.

H/T KNS

JaHu's picture

I have nothing against cats

I have nothing against cats but who ever wrote and passed this bill, must be cat lovers. Does Tennessee hate dogs? This leaves me and many others with no option other than to get rid of our pet dogs or face the risk of getting fined, and I hate it. Dogs are great for security of your premises, and just nice to have around. I guess my next and only option is to get a gun, or move out of this god forsaken state, or country, of idiots.

Adrift in the Sea of Humility

Up Goose Creek's picture

Authority figures

Oh no, "I've" commited a crime not once but twice this week! Would I get a reduction in sentence because of the frayed leashes?

The problem is that Daisy is not a good Republican dog with proper respect for authority figures. She loves her liberty too much and will take advantage of any opportunity to experience freedom, at least for a few hours.

So what next? Do I have to remove her tag and declare her a libertarian dog and disavow any connection in order to maintain my own freedom?

"Ms GC, we have witnesses who testify they have seen you in contact with said Black and White lawbreaker. You have aided and abetted this criminal and even allowed her into your home during cold weather. How do you answer to That!"

________________________
Less is the new More - Karrie Jacobs

JaHu's picture

How do you answer to

How do you answer to That!

Guilty as charged!

I can understand stiff penalties or charges if a person's dog causes damage to another person's property or specifically if a dog harms someone, but to possibly face a stiff penalty only because a pet briefly wanders off the premises is ridiculous. My yard is totally fenced in, and I have to travel in and out a gate to leave and return. There are times my dog has escaped for a short period of time, but he's an old harmless dog, and not a threat to man nor property. It just seems terrible that I can now face a stiff penalty because of him. I refuse to put him on a chain. I feel that is nothing more than incarceration for animals. We treat wild animals better.

Why don't we just outlaw animals altogether in Tennessee domestic and wild and only allow them in zoos. Oh what a great state this would be then.

Adrift in the Sea of Humility

S Carpenter's picture

True artists!

If it rains this afternoon I'll spend some more time on this sorry bill, but I have to at least say...

At it's most extreme end of the scale, the bill makes a loose dog that kills a class D felony (which carries 2 to 4 years). There is no intent element written into this law. You are held to strict liability for the conduct of your loose dog.

Demonstrating ignorance of existing law, the bill creates a more serious offense than criminally negligent homicide, which currently makes death of another resulting from one's extreme negligence, a class E felony (1 to 2 years).

On the other end of the spectrum, the bill makes your loose dog (that's all it takes to prove the crime. period.) a class C misdemeanor, which carries 30 days.

Whew, these lawmakers are true artists!

JaHu's picture

On the other end of the

On the other end of the spectrum, the bill makes your loose dog (that's all it takes to prove the crime. period.) a class C misdemeanor, which carries 30 days.

I've noticed something about our government. They are always trying to find different ways for putting people in jail instead of trying to keep them out.

Adrift in the Sea of Humility

Stormare Mackee's picture

Bizarre wording of the law

The way I read it, SB0139/HB0106 section (a) says it's an offense to let a dog run loose pretty much anywhere except on your own property (even in a dedicated off-leash dog park!). However, section (d) provides no punishment for breaking section (a) unless the dog causes property damage or bodily injury to someone.

bizgrrl's picture

The amendment includes the

The amendment includes the punishment for breaking section a without property damage or bodily injury.

Ennui's picture

Could these proposed laws be

Could these proposed laws be a result of some Nashville area attacks by roaming dogs? I seem to remember some publicity last year.

JaHu's picture

Could these proposed laws be

Could these proposed laws be a result of some Nashville area attacks by roaming dogs? I seem to remember some publicity last year.

It shouldn't matter. That's like saying if you went into a bar and because you think the man or woman drinking next to you could do you bodily harm, then they should be arrested and sent to jail, even though that person hasn't done or said anything to you, even though they could be the nicest individuals you ever met, but you rationalize that they are guilty because it has been proven that people who drink caused more violent crimes.

Now, although my dog is in a fenced in lot, I fear coming home from work finding my dog was let out of the fence by another person or if he just somehow had gotten out of the lot somehow. Is it fair that I have to worry about being sent to jail every single moment I own a dog, because of this? I have always tried my best to follow the laws put down before me, even from the time that I was young, but the overburden of laws our government is forcing on us is getting ridiculous.

AMENDMENT #1 restores the Class C misdemeanor for allowing a dog to roam at large when there is no damage to person or property.

A class c misdemeanor carries a 30 day sentence with a $50 fine.

Adrift in the Sea of Humility

Stick Thrower's picture

Loophole

From the Bill:

(b) Except as provided in subsection (c), the provisions of this section shall not apply to a dog:
(1) On a hunt or chase;

My dog found the loophole. Whenever he leaves the yard, he is--technically-- either chasing or hunting something.

Carole Borges's picture

The poop on the pups...

Well trained dogs have never bothered me. I see no reason for owners of well trained dogs to have to keep them on a leash even. They don't run away. They don't jump on people. They don't bite other people or attack other dogs.

Badly trained dogs and those that are dangerously aggressive, should always be kept behind a strong fence and always be on a leash.

Instead of throwing people in jail, why doesn't the State offer free dog training classes? Most private or group classes sponsored by organizations cost anywhere from $60 to $160.00. Not everyone can afford to pay that much.

As usual the government is always more interested in incarceration than education. They'd rather fine people than help them solve problems.

Up Goose Creek's picture

Loophole

My badly trained dog will find a loophole in the fence or dig one if possible.

So thanks for the heads up stick thrower. Because she's always on a hunt or chase. I don't know if she's ever caught anything but I sometimes recapture her with her nose down a muskrat hole.

_______________________
Less is the new More - Karrie Jacobs

redmondkr's picture

I take my dogs for a walk

I take my dogs for a walk outside the back fence pretty regularly. Occasionally we go to Victor Ashe Park, but never the leash-less area.

On neighborhood walks when they were little Gino was trained to "take his sister home". Within a hundred feet or so of the rear gate, I would hand him his sister's leash and he would proudly drag her home.

Now I need to train Heidi to hold Gino's leash so both dogs could technically be on a leash at all times.

I have three fairly close neighbors who raise cattle so my dogs are carefully kept behind closed - and locked - gates. One of those cattle barons has a beautiful malamute who escapes on a regular basis and comes to visit my kids through the fence.

The first time it happened and I took her home, the neighbor thanked me profusely. I told him that I like to think he would do the same for me if, God forbid, my dogs should ever get out. He changed the subject straightaway by asking how I was liking my retirement.


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KTB's picture

"And, hey, if dogs then why

"And, hey, if dogs then why not cats?"

I agree, especially since the ammendment states that an owner will be held liable regardless of whether the dog harms anyone or damages anything.

Why would this not apply to cats?

KTB

bizgrrl's picture

If anyone is concerned,

If anyone is concerned, please write your State of TN elected official, Senate and House.

talidapali's picture

The thing that really bugs the hell out of me...

Is that a lot of folks make a big stink out of dogs running loose and I agree it is a problem when the dog is aggressive or destructive.

We try very hard to keep our dogs in the fence but anyone can come in our yard and open the gate. We try to keep locks on the gate that is in the side yard but the back gate we keep unlocked because we have to run outside and get our dogs in when school lets out. Why? 'Cause the parents of the kids that walk by our house on their way home have NEVER taught their kids that it is NOT okay to torment or injure a dog that is behind a fence with sticks or rocks or pieces of bricks. They have also NEVER taught their kids that someone else's yard is NOT a public thoroughfare. And they have NEVER taught their kids to show simple respect for a property owner that asks them to please not walk through the yard, or yell, scream, or abuse the dogs in the fence.

But I can guaran-damn-tee ya that if our dogs ever got loose and bit the tar out of some kid's ass, we sure as hell would be sued for it, even if the kid is the one that has been throwing rocks and poking our dogs with sticks every day.

Wonder if bear traps are illegal to put in your yard as a "bear preventative" measure...this is Tennessee after all, Davy Crockett kilt him a "bar over thar".

SmileyCentral.com

_________________________________________________________

"You can't fix stupid..." ~ Ron White"

"I never said I wasn't a brat..." ~ Talidapali

Stick Thrower's picture

Maybe dog owners need to

Maybe dog owners need to take a page from the NRA. This dog control law is just the first step toward banning all dog ownership. It's time to draw a line in the sand (uh, just be careful where you step).

You can have my dog when you pry his jaws off my cold dead fingers.

mother of 3's picture

You people are crazy

I live in a home in East Knoxville and I ahve 3 small children.. we just got some new neighbors a few months ago and they have several dogs. The pit bull they keep in the house but they let it out for hours at a time daily. Every time we exit the house we are forced to watch ourselves and my kids can not play in the yard. My grandmother can not walk down and check her mail. Animal control so far has done nothing so if you ask me putting the responsibility for a dog off it's premisis onto it's owner is only logical. perhaps it will cause people to be more careful. Everything your dog does should and must be your responsibility. Would you rather be attending a funeral for some small child that your dog killed?? Your pet may be nice at your home but might not feel the same about a stranger or a small child running away from it in fear. It is an animal instinct to chase it. Please take responsibility for your pets.. if something happens to my children you are dang right I am going after the owner.

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