Q: we have a dog in our rural area that has killed several livestock and pet

A: Sue the owner in small claims court and ask for the reasonable value of your livestock. Best of luck.

A: You can sue for the value of the animals, or for the veterinary expenses incurred as a result of the attack. You can also kill the dog on your property that is killing, wounding or worrying your cows, pigs, horses, mules, burros, sheep or goats.

Civil Code section 3341 provides:

"The owner, possessor, or harborer of any dog or other animal, that shall, on the premises of any person other than the owner, possessor, or harborer of such dog or other animal, kill, worry, or wound any bovine animal, swine, horse, mule, burro, sheep, angora goat, or cashmere goat, or poultry, shall be liable to the owner of the same for the damages and costs of suit, to be recovered in any court of competent jurisdiction:

1. In the prosecution of actions under the provisions of this chapter, it shall not be necessary for the plaintiff to show that the owner, possessor, or harborer of such dog or other animal, had knowledge of the fact that such dog or other animal would kill, wound or worry bovine animals, swine, horses, mules, burros, sheep, goats, or poultry.

2. Any person on finding any dog or dogs, or other animal, not on the premises of the owner or possessor of such dog or dogs, or other animal, worrying, wounding, or killing any bovine animals, swine, horses, mules, burros, sheep, angora or cashmere goats, may, at the time of finding such dog or dogs, or other animal, kill the same, and the owner or owners thereof shall sustain no action for damages against any person so killing such dog or dogs, or other animal.

Nothing in this section shall render an owner, possessor, or harborer of a dog liable for the accidental or unavoidable killing or injury of any bovine animal, swine, horse, mule, burro, sheep, angora goat, cashmere goat, or poultry which occurs in connection with or as an incident to the driving or herding the same from the premises of the owner, possessor, or harborer of the dog, whether such killing or injury occurs upon such premises or off of such premises."

https://codes.findlaw.com/ca/civil-code/civ-sect-3341.html

In California, landowners may put out poison on their own property to control livestock-killing dogs, as long as they post conspicuous warning signs about the poison (Ca. Penal Code § 596).

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=596.&lawCode=PEN

Penal Code section 597 refers to Food & Agriculture Code section 14205 for the definition of "livestock". Section 14205 states:

"'Livestock' includes all animals, poultry, and bees, and aquatic and amphibian species which are raised, kept, or used for profit.  It does not include those species which are usually kept as pets, such as dogs, cats, and pet birds."

https://codes.findlaw.com/ca/food-and-agricultural-code-formerly-agricultural-code/fac-sect-14205.html

However, Food & Agriculture Code section 30651 provides that: "As used in this chapter, 'livestock' includes domestic fowls and rabbits." That probably does not apply to the Penal Code right to kill "livestock."

Penal Code section 599c reaffirms your right ". . .to destroy. . .any animal known as dangerous to life, limb, or property. . . ."

https://codes.findlaw.com/ca/penal-code/pen-sect-599c.html

Food & Agriculture Code sections 31102 & 31103 also authorize the killing of a dog that kills or wounds livestock or poultry, outside city limits. https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=FAC&division=14.&title=&part=&chapter=5.&article=1.

There are obvious risks to killing another persons dog. 1. Other animals might eat the poison, if that is the method that you choose. 2. Your neighbor will be your sworn enemy because you killed his dog.

A: In addition, you can sue for double your damages. "The owner of any livestock or poultry which is injured or killed by any dog may recover as liquidated damages from the owner of the dog twice the actual value of the animals killed or twice the value of the damages sustained by reason of the injuries, as the case may be." Food & Agriculture Code section 31501.

https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=FAC&division=14.&title=&part=&chapter=8.&article=

The procedures for how to pursue this type of claim are set forth in sections 31502-31058. As part of the procedure, if the judge finds that the dog killed the animals, he shall order the owner to kill the dog. If the owner refuses, then the owner is liable for double damages.

A: In addition to your rights against the dog owner, you can also submit a claim to the county and/or city for the value of your lost animals. Dog license fees are to be used for, among other things, to compensate the owners of livestock killed by dogs. Food & Agriculture Code section 30652(c). (https://codes.findlaw.com/ca/food-and-agricultural-code-formerly-agricultural-code/fac-sect-30652.html).

The procedures for pursuing a claim against the city/county are set forth in Food & Agriculture Code sections 30653-30656.