Denver, CO asked in Animal / Dog Law for Colorado

Q: Can I shoot my neighbors dog if it get thru the fence to my side or gets out and is on my property?

I have two pitbull a next door that are aggressively barking constantly threw the fence every time we are in our backyard.i have 1male pitbull and 1female as well,they are known in neighborhood and are not aggressive to others.the dogs next door are supposedly rescues and I’m worried that they will get threw to my side while I’m gone and if my daughter is at home in backyard if it happens,also I have a mini dachshund that they bark aggressively towards as well.do I have a right to shoot the dogs if they get out into my yard front/back?ive talked to the neighbors 3times already

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1 Lawyer Answer
Juliet Piccone
Juliet Piccone
Answered
  • Animal & Dog Law Lawyer
  • Greenwood Village, CO
  • Licensed in Colorado

A: Why don't you call animal control? Do you really think it's a good idea to discharge a firearm in a neighborhood? Especially in your scenario where your daughter is in the backyard too? The only specific exemption for shooting a dog is in the state anti-animal cruelty statute which says it is an affirmative defense to a charge of cruelty if you shoot a dog that is harassing your livestock. But even in that scenario it's a defense and not an exemption. This sounds like a recipe for disaster.

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