If an off-leash dog appears on a public walkway or - GASP! - enters my yard, what's my legal recourse?

The Papers of Samuel Marchbanks
Hardcover
By Frostback Robertson Davies, alter ego of
humorist Samuel Marchbanks

SUNDAY

Was out for a walk this afternoon, and was joined by a dog; it was unknown to me, and was obviously of mixed ancestry; it was not a Social Register dog. What there was about me which struck its fancy, I cannot say, but it romped under my feet, smelled me searchingly, licked my gloves and hindered my progress seriously. Its most irritating trick was to run just ahead of me, with its head turned back so that it could stare rudely into my face; naturally it fell down a lot because it did not look where it was going, and every time it fell down I had to dance an impromptu jig to keep from falling over it... I like dogs, just as I like children. I like to think about them, and I like to read in the papers that dogs have been given medals for life-saving. But I do not particularly relish dogs in the flesh. When I meet a dog socially, with its owner, I am prepared to pat it once, and to allow it to smell me once, and then, so far as I'm concerned, the matter is closed. Dogs who go beyond this limit are asking for a kick in the slats, and they usually get it. (From The Diary of Samuel Marchbanks, p. 15)

OF HIS FALLING OUT WITH DOGS

I was cornered before dinner by that solemn man over there who took me to task for my attitude toward dogs who are, he tells me, noble creatures. This grieves me, for the quarrel between me and the canine world was begun by the dogs themselves. I am the sort of man at whom dogs bark, rush wildly, and jump up. People who think that dogs are wonderful judges of character insist that this means that I have the soul of a burglar, or possibly a cat. If gos think so poorly of me is it any wonder that I am distant in my attitude toward dogs? I get on well with horses, I mix freely with cows, cats are affable in my presence, and goats consider me one of themselves. Babies (also considered infallible judges of character) gurgle with fascination when I go near them. Old ladies ask me to help them across the street. But dogs dislike me. By a process of reasoning too complicated to go into here, this leads me to dislike dogs, and to regard them as idiotic and dangerous, or both. My household pet is a cat, which was man's friend while the dog was unable to distinguish itself from a wolf. (From The Table Talk of Samuel Marchbanks, p. 255)

HE ANIMADVERTS UPON DOGS

A dog attempted to end it all under the wheels of a car in which I was riding this afternoon. The suicidal instinct seems to be strong in all dogs, but amounts to an overmastering passion in collies and Airedales. My theory is that dogs go mad from the boredom of being dogs and seek to take their lives consequence. The much advertised intelligence of dogs is mythical. A recent article in Saturday Night, written by a scientist, asserts that dogs have even less intelligence than chickens, which is a strong statement. A dog can't begin to compete with a monkey, the writer says, and horses simply laugh at the pretensions of dogs to be sagacious. A pig can learn more tricks than a dog, but has too much sense to want to do it. All this supports my lifelong contention that Man's Dumb Chum is a fraud, and has only wormed his way into the hearts of dog-lovers by undignified self-abasement. The dog is a Yes-animal, very popular with people who can't afford to keep a Yes-man. (From The Table Talk of Samuel Marchbanks, p. 342)

View Vancouver pet bylaws, especially:

#9150 Sec. 4.2
Dogs Must Be On A Leash
A person who keeps a dog must not permit, suffer or allow the dog to be on any street or other public place unless the dog is under the immediate charge and control of a person by means of a leash that is not more than 2.5 meters long.

#9150 Sec. 4.9
Dog Waste
A person who keeps a dog, or a person who has care, custody or control of a dog, except for a service dog in the company of a handler who is physically disabled or a guide dog in the company of a handler who is blind, must immediately remove any excrement deposited by the dog, and deposit it in a suitable refuse container. (This does not apply to the dog owner's property).

#9150 Sec. 6.5
Biting Dog
A dog which has bitten or who is alleged to have bitten a person may be seized and impounded for a period of up to 21 days.

#9150 Sec. 4.11
Dogs in Open Vehicles
A person who keeps a dog, or a person who has care, custody or control of a dog, must not keep the dog in an open vehicle unless such person secures the dog in a manner that prevents the dog from falling or being thrown out of the vehicle.

See also Trespass to land, which states the thing quite neatly, in our view:

Trespass to land is a common law tort that is committed when an individual intentionally (or in Australia negligently) enters the land of another without lawful excuse. Trespass to land is actionable per se. Thus, the party whose land is entered may sue even if no actual harm is done. In some jurisdictions, this rule may also apply to entry upon public land having restricted access. A court may order payment of damages or an injunction to remedy the tort.

For trespass to be actionable, the tortfeasor must voluntarily go to a specific location, but need not be aware that he has entered the property of a particular person.

... In most jurisdictions, if a person were to accidentally enter onto private property, there would be no trespass, because the person did not intend any violation. (From Wikipedia)

Pretty tough to prove the dog is there by accident when it's off-leash.

Questions or Comments? Contact: animalcontrol@vancouver.ca

 

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