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Ray
Ray, Lawyer
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Experience:  29 years in civil, probate, real estate, elder law
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Dogs running at large - Fine please advise.

Resolved Question:

Dogs running at large - Fine ? please advise.
Submitted: 4 years ago.
Category: Legal
Expert:  Ray replied 4 years ago.
What town/city here?
Customer: replied 4 years ago.

Kingsport, TN

Sullivan County

we received a notice today that we will be served papers on friday in reagrdds to this. we are currently building a fence around our property but have not finished .

wil this be enough to satisfy the court - we will have to pay fine?

Do I need to hire a lawyer to go with us?

Expert:  Ray replied 4 years ago.

Thanks for your question.You can talk to prosecutor to see if they will make you a deal here since you have taken remedial measures.Here is the law.

 

 

 

Tennessee Code

44-8-408. Dogs not allowed at large -Exception -Penalties. -(a) As used in this section, unless the context otherwise requires, "owner" means a person who,

at the time of the offense, regularly harbors, keeps or exercises control over the dog, but does not

include a person who, at the time of the offense, is temporarily harboring, keeping or exercising

control over the dog.

(b) The owner of a dog commits an offense if that dog goes uncontrolled by the owner upon the

premises of another without the consent of the owner of the premises or other person authorized

to give consent, or goes uncontrolled by the owner upon a highway, public road, street or any

other place open to the public generally.

(c) It is an exception to the application of this section that:

(1) The dog was on a hunt or chase;

(2) The dog was on the way to or from a hunt or chase;

(3) The dog was guarding or driving stock or on the way to guard or drive stock;

(4) The dog was being moved from one place to another by the owner of the dog;

(5) The dog is a police or military dog, the injury occurred during the course of the dog's

official duties and the person injured was a party to, a participant in or suspected of being a

party to or participant in the act or conduct that prompted the police or military to utilize the

services of the dog;

(6) The violation of subsection (b) occurred while the injured person was on the private

property of the dog's owner with the intent to engage in unlawful activity while on the

property;

(7) The violation of subsection (b) occurred while the dog was protecting the dog's owner

or other innocent party from attack by the injured person or an animal owned by the injured

person;

(8) The violation of subsection (b) occurred while the dog was securely confined in a

kennel, crate or other enclosure; or

(9) The violation of subsection (b) occurred as a result of the injured person disturbing,

harassing, assaulting or otherwise provoking the dog.

(d) The exception to the application of this section provided in subdivisions

(c)(1)-(4) shall not apply unless the owner in violation of subsection (b) pays or tenders payment

for all damages caused by the dog to the injured party within thirty (30) days of the damage being

caused.

(e) It is not a defense to prosecution for a violation of subsection (b) and punished pursuant to

subdivision (g)(1), (g)(2) or (g)(3) that the dog owner exercised reasonable care in attempting to

confine or control the dog.

(f) It is an affirmative defense to prosecution for a violation of subsection (b) and punished

pursuant to subdivision (g)(4) or (g)(5) that the dog owner exercised reasonable care in

attempting to confine or control the dog.

(g) (1) A violation of this section is a Class C misdemeanor punishable by fine only.

(2) A violation of this section is a Class B misdemeanor punishable by fine only if the dog

running at large causes damage to the property of another.

(3) A violation of this section is a Class A misdemeanor punishable by fine only if the dog

running at large causes bodily injury, as defined by § 39-11-106, to another.

(4) A violation of this section is a Class E felony if the dog running at large causes serious

bodily injury, as defined by § 39-11-106, to another.

(5) A violation of this section is a Class D felony if the dog running at large causes the

death of another.

(h) Notwithstanding subsection (g), a violation of this section shall be punished as provided in

subsection (i) if the violation involves:

(1) A dog that was trained to fight, attack or kill or had been used to fight; or

(2) The owner of the dog violating this section knew of the dangerous nature of the dog

and, prior to the violation of this section, the dog had bitten one (1) or more people that

resulted in serious bodily injury or death.

(i) A violation of this section, where one (1) or more of the factors set out in subsection (h) are

present, shall be punished as follows:

(1) A Class C misdemeanor if the dog running at large does not cause property damage,

injury or death;

(2) A Class A misdemeanor if the dog running at large causes damage to the property of

another;

(3) A Class E felony if the dog running at large causes bodily injury to another;

(4) A Class D felony if the dog running at large causes serious bodily injury to another; and

(5) A Class C felony if the dog running at large causes the death of another.

[Acts 1901, ch. 50, § 1; 1903, ch. 419, § 1; Shan., § 2853a4; Code 1932, § 5086; T.C.A. (orig.

ed.), §§ 44-1408, 44-8-108; Acts 2007, ch. 533, § 1; 2007, ch. 556, § 1



Edited by RayAnswers on 7/7/2010 at 2:27 AM EST
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