General Forum
Start a New Topic 
Author
Comment
Wed LBC 8:15 AM 37 Mi

https://ridewithgps.com/routes/22336944

Probably the last time this year for this route. Perhaps over toward Statesville next week.

watch out for the person living in the trailer with dogs on Old Goose Creek

You may notice dogs and a owner on Old Goose Creek after you pass Clever Creek. The owner came out to discuss what he considers fact that cyclists pepper spray his dogs and he has no way to explain to the dogs that they should stay out of the road. He also believes that the road qualifies as "the dog's front yard" and apparently believes that the road is also private property (his). None of us had any pepper spray but he was rather confrontational.

I seem to remember similar discussions with a person regarding cyclists and their right to use that particular public road several years ago when the HOT went past there. The person today seemed to become more civilized when he realized that were riding with a lady than when he thought we were just a bunch of uncouth guys.

Leash Laws

What does the local law say about unleashed animals?

PART A: RESPONSIBILITIES OF PET OWNERS (Rutherford Co.)

1. All dogs and cats over the age of three months must be vaccinated for rabies.
(Section #1)

2. All vaccinated dogs and cats must have the numbered tag given to the owner at the time of vaccination attached to a collar and worn at all times. (Section #4)

3. The certificate of vaccination must be kept by the owner and be available for inspection by Animal Services Officers when requested. (Section #1)

4. Hunting dogs while in chase or returning from chase may have their collars with vaccination tag removed, but they must be vaccinated and registered. (Section #4)

5. It is against the law to permit any dog or cat to run at large except as mentioned in #4 above. (Section #5, A, 3)

6. Female dogs must be kept confined from the first symptoms of heat for twenty-four (24) days. (Section #6)

7. All vicious or biting dogs must be either securely tied by a strong collar and chain, fenced or housed securely and a “Bad Dog” sign on the front entrance to the premises must be clearly visible and easily read from a distance sufficient to protect anyone from attack. (Section #9)

PART B: DUTIES OF THE ANIMAL SERVICES DEPARTMENT (Rutherford Co.)

1. Any dog or cat found running at large, off the registered owner’s property, or the
dog or cat custodian’s property, may be picked up and held at the County shelter.
(Section #7A)

2. Animal Services Officers are not allowed to pick up an animal on private property
without the permission of that property.

3. If the animal is not redeemed within five (5) working days and the owner is known,
the animal will be made available for adoption or destroyed depending upon
available kennel space. (Section #7D)

4. Reasonable attempts will be made to contact the owner throughout this five day
period.

5. Animals picked up with no identification and with no means of determining ownership
will be placed for adoption after three (3) working days or destroyed, depending upon
available kennel space. (Section #7G)

6. If any dog or cat has bitten any person or is suspected of being infected with rabies,
that animal must be confined and observed either at the shelter or at a veterinary
hospital for a time to be determined by the Health Department. (10 days)

7. It is against the law to hide, conceal, aid or assist in the hiding of any animal in
violation of provisions of the Private Act. (Section #12)

Wilson County Law is the same as Tennessee State Law TCA Code 44-8-408
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.