Unruly dog not on leash, owner behaving aggressively

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chrisintexas

New member
I was walking in a public park just before the virus spread and a big dog without leash was behaving aggressively as I was passing by on the walking path in the park and as I looked apprehensively towards the dog the owner began to make eye contact with me and made aggressive gestures at me! The park has a policy that states dogs cannot be without leash in the park. How should one deal with such situation? Is it legal to use pepper spray on the dog if it attacked me? How should one deal with aggressive, unfriendly owner of the dog?
 
Whether or not it's legal to use pepper spray on an aggressive, unleashed dog is determined by the laws of the state. From your screen name I assume you are in Texas -- look up the Texas statutes on the use of pepper spray for self defense.

Same thing for the dog's owner.
 
mehavey said:
https://www.uslawshield.com/can-i-be-arrested-for-shooting-an-attacking-dog-in-texas/

https://www.dallasobserver.com/news...-prosecuted-if-i-shoot-the-damn-thing-7182096

https://statutes.capitol.texas.gov/Docs/SDocs/HEALTHANDSAFETYCODE.pdf

Then again....https://www.fox4news.com/news/armed-neighbor-shoots-dog-attacking-arlington-woman
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Only asking if use of pepper spray is alright according to the law. Found texas law says that pepper spray bottle size is limited to key chain type small pepper spray bottle and pepper spray should be made specifically only for use on aggressive dogs.
 
chrisintexas said:
Found texas law says that pepper spray bottle size is limited to key chain type small pepper spray bottle and pepper spray should be made specifically only for use on aggressive dogs.
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For the benefit of others who may have the same question, please post a link to the relevant statute or statutes.
 
Gotta ask; how did you survive this encounter unscathed?
Repeating that behavior in the future might be your best bet if something similar happens again.
 
chrisintexas I was walking in a public park just before the virus spread and a big dog without leash was behaving aggressively as I was passing by on the walking path in the park and as I looked apprehensively towards the dog the owner began to make eye contact with me and made aggressive gestures at me!
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What exactly are "aggressive gestures"? Googly eyes? Snarl? Boxers stance? Karate kicks?

The park has a policy that states dogs cannot be without leash in the park. How should one deal with such situation?
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You got a cell phone? Use it. Call 911 and tell them "aggressive dog off leash in the park and the owner has a snarl".


Is it legal to use pepper spray on the dog if it attacked me?
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Big stick, pepper spray, swords or even a firearm can legally be used to defend yourself. But you darn well better have a way to show that you/your dog were actually attacked.


How should one deal with aggressive, unfriendly owner of the dog?
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The same way you would deal with a that person if they didn't have a dog.
 
The OP hasn't been back to TFL since May 15, and he hasn't answered the question I asked in post #7. Let's wait and see if he is still interested in continuing this discussion.
 
If I'm CCWing all legal with my wife and baby, and on the up and up and doggie is being a threat , my hand goes to the butt of the weapon.
Owner-boy gets the warning, if doggie attacks , doggie is gonna die.

Owner has the next move, He needs to holster his weapon.
 
How does one define "attack?"

I think if the animal was actually making physical contact, trying to bite you then whatever you do at that point become self defense. Spray it, shoot it, kick it. I punched a dog once when it tried to grab restaurant left overs out of my hand.

But if the dog is still a few feet away and barking agressively . . . is that an attack?

Life is good.
Prof Young
 
Prof Young said:
I think if the animal was actually making physical contact, trying to bite you then whatever you do at that point become self defense. Spray it, shoot it, kick it. I punched a dog once when it tried to grab restaurant left overs out of my hand.

But if the dog is still a few feet away and barking agressively . . . is that an attack?
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Check your state's statutes on the use of force, and deadly force. In general, statutes start off by prohibiting the use of force, and then they add some exceptions under which the use of force or deadly force is allowed. It's never a good idea to generalize ... so I'll proceed to do just that. Let's say that a "common theme" I have seen in those deadly force statutes I've looked at (which doesn't come close to covering all fifty states) is that you (the "actor" as some statutes phrase it) are allowed to use force and deadly force [against other people] if you believe that you are in "imminent" danger of death or serious bodily injury.

My layman's view is that, if I'm allowed to shoot a person when I [legitimately] fear that he may kill or injure me, I'm certainly allowed to shoot a dog under the same conditions. If the dog is acting aggressively, is a large enough breed that it could do some serious damage (not a Toy Poodle, for example), and isn't on a leash (especially in places where leashes are required) ... then I think I would be justified in shooting if the dog advances toward me.

Anyone who knows dogs should know that they can move quickly. A long, long time ago, when I was a teenager or maybe even pre-teen, we were very friendly with our next door neighbors, but not with there rather large and aggressive dog. One day my brother and I were standing in their driveway talking to the husband. The dog was present, but on a very heavy rope that held him out of reach. Except that the rope ran around a tree. The *&%&# dog was smart enough to figure out that if he circled behind the tree, the rope would be long enough to let him get at us. He did just that and, in the blink of an eye, he had taken a chunk out of my brother's posterior.
 
Don't express fear the dog can sense it. Let dog pass and report owner to 911 if needed. If dog attacks defend yourself proportionately.
 
My brother walks his dog every night. He carries a innocent looking golf club he got at Good Will for $2.00. Carrying a club or sword could raise a few eyebrows. Golf club nobody gives a second look.
 
luger fan said:
My brother walks his dog every night. He carries a innocent looking golf club he got at Good Will for $2.00. Carrying a club or sword could raise a few eyebrows. Golf club nobody gives a second look.
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Rest assured that if your brother used a gold club to beat someone, he would be charged with assault with a deadly weapon and the golf club would be cited as a weapon.

Hammers and crowbars are tools of the trade for carpenters, but when they are found in the back seat of a gang banger's car along with Suzie Soccermom's family jewels they are miraculously transformed into "burglary tools."

It's all in the context, and when you use anything as a club the context is that you used whatever it is as a club.
 
If you are seen walking with a hammer of crowbar chances are HIGH you will get a visit from LEO's. Not so much with a golf club............well not in the ghetto but where people play golf.
 
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