Pepper spray on fenced-in dog

[JMFlint]

I'm just wondering if anyone knows the law against pepper spray use when it is NOT self-defense. I came home tonight and for the second time in two weeks, my dog had been pepper-sprayed. She is in a fenced-in backyard. Yes, she does bark at strangers and other dogs and she is fear-aggressive so if there is a dog poking their nose through our fence, she would be going crazy and barking and running, but she is FENCED IN.

There is a sidewalk next to the fence, so I know people are relatively close to our yard, but there is no danger from my dog.

I am so angry about this (not only am I worried about the physical effects of this on her, it also affects me when I pet her and there's pepper spray on her -- I am still coughing from the residual effects), and I'm not sure what to do. What I really want to do is put up a video camera and catch the you-know-what. But I don't even know if I can prosecute if I DO catch them.

Anybody know the laws? I live in Southern California.

Thanks much --

[CTDog]

Awww...poor puppy. People like that disgust me. However, I think you are very lucky they are not doing much worse to her. If you have a neighbor that hates her that much, I really recommend you bring her in the house when you are not home.

[Novel]

My guess is that she barks an awful lot being left alone outside while you are gone, and someone is fed up. Or, someone is scared to death of your dog that lauches itself like a rabid animal at the fence when they walk by, and is dealing with it the best way they've figured out so far.
Pepper spray sure is noxious, so I appreciate your discomfort here, and the easiest, fastest solution to your problem is to no longer abandon your dog outside while you are away. A crate inside your home where she will be safe from others, and will not further her "fear-aggression" reactions you say she is having, is the best solution I see.
I have never seen a fence yet that is "escape-proof" and if your dog, that you say is "fear-aggressive, is left unattended outside, you are the one that is liable when something bad happens, like another resident's pet is mauled or killed or heaven forbid a child is mauled or killed.
I do apologize that I am sounding rather harsh. In short, it is because your dog has been put through who knows what while you are away, and it is only because you are not protecting her. You cannot leave a dog, no matter the size, temperament, breed, etc. outside while you are away from home. There are just way too many liabilities to you, your dog and everyone else in your community.

[calgal]

Call your local Law enforcement and ask what the laws are regarding the use of peper spray and ask them if you could prosecute if you have the video. I'd install one anyway, just so I could find out who is doing that and go to their house to have a talk with them. I thought pepper spray was illegal anyway. If they don't like to hear your dog bark at them when they walk by, then they should walk on the other side of the street.

[schnzrluv]

Originally Posted by JMFlint

There is a sidewalk next to the fence, so I know people are relatively close to our yard, but there is no danger FROM my dog. --

But there is plenty of danger FOR your dog. I don't trust anyone, and I think you are very lucky that being pepper sprayed is the only thing that has happened. I'm not trying to be mean, I apologize if it sounds that way. I agree that keeping your dog inside while you are not home is the best solution. If there is no possible way to do so, then I suggest putting up a solid fence (like a wooden one) along the sidewalk. That way your dog can't see the people/dogs, and people don't have access to your dog. I really don't think putting up a camera is worth the effort, plus if your area has ordinances against barking dogs ect. you could be creating eveidence that you are breaking these laws.

p.s. again I'm not meaning to offend you!

[linnie]

For your dogs safety I would confine her when you aqrnt at home. they might start with pepper spray and move on to nastier things.
Poor dog

[TinyAlbinoDancer]

I agree with everyone. All the time I see school children abusing dogs through secure fences just because the dogs are barking at them. Please protect your dog, and worry less about catching whoever's doing this to her. If it's not someone with pepper spray, it'll be anyone else fed up with your dog barking or afraid of her and acting "defensively" (there is no excuse for throwing rocks, like I see kids doing, or pepper spray) because they're afraid of her. Just focus on protecting your girl.

[Shadowkins]

Yep! I agree with the others. i don't know if it's possible for you to put your dog indoors when you're not home but, to me, that would be the best. There are alot of stupid people out there that could hurt your dog.
I always am home when Shadow goes outside and very aware of what is going on. I've caught kids who were just about to throw stones at my boy....scared the H*** out of them when I came out and gave them a talking . You just never know! Then people wonder why outside dogs are sometimes mean...it's no wonder when you get sprayed, poked, ducked rocks etc.
Our poor pets can't defend themselves from these attacks, so I guess it's up to us to police them and make sure they are safe.
Check with your local law enforcement agency to see what the laws are...but you would still have to catch that person in the act.
Good luck and I hope you dog is okay.

[elegy]

please for the sake of the dog and for the sake of people in your neighborhood, please put your dog inside where she cannot practice her barking and aggressing. this time it's pepper spray. what if next time it's poison?

[fluffypuppylover]

Someone could probably lie and just say they were so scared of the dog it was self defense anyway, so really you need to just bring her in when you're not home. Too many risks, she could get out, get stolen, be poisoned, there could be some sort of natural disaster, etc

[shandoggy1]

I live in Massachusetts and you are supposed to have an FID to carry pepper spray or mace. If you catch the person and they are illegally carrying it the they could get in big TROUBLE! I would definately put up a video cam cuz it could be some punk kids doing it for kicks.

[Crossfire Bulldogs]

I agree with what has already been said, the dog needs to be brought in when you can't be there to watch and if someone is already using pepper spray it won't be long before they move on to something more cruel and possibly fatal.

[Jenny]

Why would you put a camera up to catch someone in the act of abusing your dog? It would seem that catching the person is more important than protecting the dog from getting peppersprayed again if that is your plan.

[shandoggy1]

Originally Posted by Jenny

Why would you put a camera up to catch someone in the act of abusing your dog? It would seem that catching the person is more important than protecting the dog from getting peppersprayed again if that is your plan.

Same reason why they put mini cameras in teddy bears to protect children who may be being abused by the babysitter, to catch them in the ACT! Then they can be prosecuted.

[Novel]

But I agree with Jenny, if you suspect someone of doing something harmful to your loved ones, you don't put them in danger to catch the guy, you just change the situation. If you want to put yourself in danger, as an adult, that's your decision, but our children and dogs are not decoys!