CHASING LIVESTOCK BY: THOMAS K. KELLY PHOTOS BY: TINA THOMPSON
With urban areas encroaching into open space and public lands in the western U.S., the frequency with which dogs harass, chase, wound and kill livestock is increasing. Dog owners walking, hiking or running with their pets on undeveloped or public lands often release them from their leash to allow the dogs to run and exercise. Residents of the forty-acre subdivision “ranches” sparsely populated, but common in Arizona and New Mexico, allow their dogs to run free. Worse, feral dogs in packs live on the fringes of our developed areas and search for prey to survive. Instinctively, these domestic and wild dogs respond to grazing animals by chasing, maiming or killing vulnerable animals. Even if the livestock are not killed, the devastating effect of dogs chasing and wounding livestock can be seen by the tragic results. Horses cut PG. 38 :: SPRING 2019
deeply by barbed wire, the hind legs of cows bitten and scarred, or the ears chewed off baby calves are indicators that either a domestic pet or feral dogs are wreaking havoc on a rancher’s livestock. The question I have been asked by my clients is: can I legally shoot them? Depending on which state you live in, my response is generally, yes. Arizona, California and Texas have specific statutes protecting livestock and authorizing a person to shoot a dog that is pursuing or chasing livestock. The Arizona statute provides: Dogs killing or chasing livestock; liability of owner; classification A. If any person discovers a dog killing, wounding or chasing livestock, or discovers a dog under circumstances which show conclusively that it has recently killed or
chased livestock, he may pursue and kill the dog. B. The owner of a dog is liable for damages caused by the dog chasing livestock. In the case of a dog killing or wounding livestock, the owner of the dog is liable for damages to the owner of the livestock equal to three times the value of the livestock killed or wounded. C. An owner of a dog who intentionally or recklessly allows or causes the dog to: 1. Wound or kill livestock owned by another person is guilty of a class 1 misdemeanor. 2. Chase livestock owned by another person, causing injury to the livestock, is guilty of a class 3 misdemeanor. ARS 3-1311 Dogs killing or chasing livestock; liability of owner; classification (Arizona Revised Statutes (2018 Edition)) ARS 3-1311 Dogs Killing or chasing livestock: liability of owner; classification (Arizona Revised Statutes (2018 Edition)) It is interesting to note that the Arizona law allows “any person” who discovers a dog killing, chasing or wounding livestock to shoot and kill the dog. This remedy is not limited to the owner of the livestock being chased. Moreover, the Arizona statute places criminal liability squarely on the shoulders of the owner of the offending dog and renders the owner of the dog liable for money damages caused by the death or injury to livestock. The rancher or other owner of livestock would be permitted to shoot the dog chasing their livestock then seek recovery of money damages for the treatment of injuries or death of the animal. California law has a similar provision: Ca Civ. Sec 3341 (California Code (2019)) 1. In the prosecution of actions under the
