Use of Pepperspray on an Animal Illegal?

Question

I have a 9 month old Mastiff puppy who is a wonderful dog, he isnt vicious and everyone in our neighborhood love and have known him since he was 5 wks old. Yesterday I was at the Park (Dog Legal) and he was swimming in the bay with another dog who is his best bud. Well the other dog ran out into the street and started barking at something which I couldnt see, and I heard screaming. When Screaming started Zen ran over to check things out, and I ran to get him. It was a lady walking her dog. Now the other dog was barking, but I apologized for my dog and called him back, he came right away. Later on that night I walked him to the park for another romp, and the lady called me over and talked to me, she started claiming my dog was vicious {Even though he was sitting and licking her face and she was petting him} She also blamed me for the other dogs behavior. I told her the other dog was not my responsibility, and in short she threatened to use Pepperspray on my Viciousdog next time...

Since Zen is not doing anything to cause harm, she's never had a problem with Zen in the past, is it considered Animal abuse if he wasnt attacking her? Also too I warned her, because the moment she uses Pepperspray on him, he'll turn around and attack her. Thats why Mastiff's are so bad if provoked...

Also too, is it Illegal if she threatened me, instead of talking to my parents, since Im technically a minor?

Also, the only reason my dog was off leash, is because he listens, and obviously Im not keeping a prong collar and a leash on him in the water, unless I'd like my dog to drown. Get a life.

I called him once thanks very much, and he came back immediately. She's never had a problem in the past, infact she's called him over and allowed her dog to play with him and such. And he stayed put until she started screaming. Anytime anything is wrong, Zen goes to see. I did not see her coming, and if I would have I would have put him on the leash. I tried telling her that yesterday but she kept inturrupting.

Answer 1

First of all, talk to your parents immediately - perhaps if they talk to her, she won't be so quick to interrupt and she will understand that your dog was under control and is not a problem. They can also tell her - in a very calm, factual manner, not a threat - that the next time she threatens their child or the child's dog, she will be dealing with the police and your lawyer, and there will be a restraining order in place. Adults who threaten children, no matter how nicely they try to word it, are bullies, and you should not have to put up with that!

Also, depending on what state you live in, pepper spray may not be entirely legal:

"Is Pepper Spray Legal?
It is illegal to use pepper spray in the commision of a crime. In most states, pepper spray is legal to carry and use for the purpose of self defense. However, in some states, the use of pepper spray is regulated:

Massachusetts - A firearm identification card is required to lawfully purchase, posess, and use pepper spray.
New York - Pepper spray must be purchased from licensed firearms dealer or pharmacist.
Wisconsin - Sprays must be made of pepper only, and tear gas, UV dyes, or combination sprays are prohibited. OC spray can be no stronger than a 10% solution. The canister can be between 15-60 grams only and must have safety feature.
Washington, DC - Posession must be registered with the DC Metropolitan Police
Michigan - OC Pepper spray can be no stronger then a 2% concentrate. CS is the only tear gas accepted and can be no larger then 35 grams per can. No combination spray allowed.
California - It is illegal to purchase, posses, or use any pepper spray that contains more than 2.5 ounces net weight of aerosol spray
It is also important to check local laws, as they may address pepper spray possession and usage. It is illegal to bring pepper spray on an airplane in carry on luggage. Furthermore, in Canada, pepper spray is a prohibited weapons. If you are traveling or moving to Canada, do not carry pepper spray with you."
http://www.legalmatch.com/law-library/article/pepper-spray.html

Even if it is legal for self defense, it can not possibly be legal to spray at a dog that is not attacking or threatening to attack. That is a good reason for your parents to file a police report and engage a lawyer, so it is on record that she threatened to spray the dog, and that the dog has done nothing to warrant it. Then, if she actually does it and the dog bites her, it is on record that she was at fault for spraying the dog.

However, for all of this to work, you need to check the laws on dog control. Some municipalities do not allow dogs to be off-leash at all, even in areas like a doggie park, where you would assume it is permissable to allow them to run and play. If you own a breed like a Mastiff (large and - to the uneducated - scary), you need to make very, very sure that you are never in violation of leash laws. If you are, then it will be deemed your fault, and the dog will be considered "vicious" and not under control if it bites her.

Good luck with this!

Answer 2

This MIGHT be a good lesson is having your dog ON LEASH all the time to avoid something like that!!!!!!! I don't care how nice your dog might or might not be.....if the dog is off leash and goes over to another dog or person, it will be your fault and they could blame you and your dog for anything!!!!
Using pepper spray IS legal. They sell it in all kind of places and it is a means of repelling an aggressive dog.
If you want to avoid that problem, KEEP THE DOG ON LEASH!!!!!!!!!


And if you actually think the dog would trun and attack someone after being sprayed, you BETTER keep the dog leashed!!!!! If that happened, you could end up with a dead dog or a dog forced to wear a muzzle in public!!!!!!!! When you have any large dog, but especially breeds that just LOOK "mean", you have a greater responsibility to make sure that your dog causes no problems and is not seen as a problem in any way.

He DIDN'T listen, because I am SURE when he started to leave the area to see what the "screaming" was, you were calling him back, and he didn't come until he found out what the problem was. In that time frame, he was NOT under ANYONES control. You want him to be off leash, you deal with the consequences....which might be getting pepper sprayed!!!!!!!!! And then if he attacks, you may have a REAL problem. Not the least of which can be your parents homeowners insurance CANCELLED.
It is so sad that people will NOT accept the consequences of letting their dogs off leash. This is part of the reason breeds are being banned. People will not accept the responsibility. All this lady has to do is report the dog as being aggressive, and that opens a whole can of worms for your family and the dog. She might well be the biggest moron on the planet, and be SOOO wrong, but that will not matter if she makes a report like that. YOU have to guard YOUR dog against these kind of things.

Read what you said first and what you are saying now. The "facts" are a little scetchy and changing. Whatever....doesn't matter ot me in the least. You can do whatever you want and the lady can do whatever she wants....including reporting you and your dog, and spraying it wiht pepper spray. ALL legal. So, let your dog off leash and let it run into the road to "check things out".....just accept what happens as a result of the dog being in violation of the leash law.

Answer 3

It is not illegal to have pepper spray in California.It is illegal to have a dog off the leash for any reason outside of a dog park. Keep your dog on a leash when you have it outdoors. Don't blame someone else or your dog for your irresponsible behavior. Wise up and grow up little man.

Answer 4

I believe it is legal in self defense. The bad part is, who ever you spray is going to be super p/o at you and may seek revenge at some other time. I don't know what the solution is. Definitely use it if you're seriously attacked. Afterward you might have to move or find some other way to protect yourself. ( maybe a dog) ...If you use it, file a police report, perhaps the police will be able to remove the people that are a threat to you.

Answer 5

i do agree that you should keep your dog on a leash! however, she dose not have the right the threaten you! i would talk to your parents about this & keep your dog on a lease b/f somthing bad happens to him.

Answer 6

I don't know whether it's legal or not; but this woman needs a SERIOUS reality check. Her dog is as likely to bite her as anyone else's dog, if not more so!

Speak with your parents; tell them what happened and ask what they suggest; perhaps even speak to the police or your local SPCA.