Q: Can others file to have your dog put down with a petition. The dog is not vicious and has no bite history, she just bark
My neighbors said they are fed up with my moms dog barking on the occasion and that they are going to have members of the home owner association sign a petition asking to put the dog down. What I'm wondering is if they can ACTUALLY do that since the dog is not vicious, has never bit anyone, and is kept in a fenced in area that is sercured. Also can we sue for harassment?
A:
They could certainly try. I'm not sure when you say 'petition' you mean one to a court or one that is just collecting signatures.
Generally county law governs animal control and animal laws when it comes to animals that have to be put down. That's usually only after an assessment that the animal is vicious and that usually only comes after the dog has bitten someone. Barking is not an indicator that a dog is vicious.
That said, while is doubtful that your dog could be put down due to a neighbor wanting it to be gone, HOAs are notoriously restrictive. There could be a HOA rule regarding nuisances by barking dogs. You should review your HOA rules with a lawyer to determine if there could be a remedy against your dog under HOA rules to have the dog removed.
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