Neighbor Trapped My Cat

[sunnyside]

My response:

I don't know - - maybe it's because you don't know, or understand the law.

How do I know "that the neighbor set a trap"? First of all, you need to read. Second, it doesn't have to be for the "sole purpose." The writer said:

". . . he bought a live trap which trapped my cat today. My husband heard my cat crying so he talked with the guy and this neighbor was professing that he has all the right to trap my cat." (underlining added) That's a purposeful act.

Now, since the neighbor wouldn't release, and wouldn't give the cat back upon immediate demand therefor, the situation now becomes "malicious." So, I want you to think "theft of personal property", "conversion of personal property," and "punitive or exemplary damages," and anything else I could conjure up to make your life a living hell.

That's the type of repercussions you'd be looking at from me.

IAAL

Before I finally totally sign off from this forum, I want to ask you one last question. What type of civil punishment will this bozo get if I sue him for trapping my cat again the second time? A community service, restitution?

I don't want to confine my cat in the house just because this bozo tells us so. No one can dictate to us what we should do with our "private property". And as you've mentioned too, we can sue for punitive or exemplary damages. I'm not really after the money, I have that on my own but it would be nice. I want to bring this bozo to the cleaners, just right where it hurts, his pocket. Aside from that, I would love to badly hurt his macho psyche. This is all a testosterone rush. Suing him will make him realize that viciousness and meanness isn't worth it at all.

We've been a very quiet and nice neighbor. We've lived in the same neighborhood for 2 yrs. and haven't hurt anyone but this bozo waged war against just because my 8 lb. cat crossed his yard. He wants war, we'll give it to him. Nobody messes with any members of my family including my cat.

 

[sunnyside]

IAAL - How do we know that the neighbor set a trap for the sole purpose of ensnaring the OP's cat. Maybe he was trying to trap chipmonks (do you have them in CA) or squirrels and the cat while "roaming" and being curious, got caught. I still maintain that if the owner is concerned for his pet, then he should keep him in a safe place.


http://ordlink.com/codes/lacounty/_DATA/TITLE10/Chapter_10_12_DEPARTMENT_OF_ANIMAL/10_12_111__Traps_for_cats_and_.html

I guess I can sue the Department of Animal Control as a party to the crime of theft too. They're instigating people to trap harmless cats? What kind of BS is that? I very well understand that trapping dogs, or chipmunks, or squirrels, or skunks is ok since they can be carriers of rabies. I don't want to get bitten by these animals. They can cause death. My cat kills me with his constant purring though and who would want to trap such an animal? My cat doesn't harm any other animals, doesn't crap or pee in my neigbor's yard. I know that for a fact because I keep tab of him when he's out. So what legal reason can anyone conjure for trapping someone else's cat? Oh, ya!! Just because they've got nothing better thing to do than invade someone else's right like ours? Thanks to IAAL, I now KNOW THOSE RIGHTS.

 

[rmet4nzkx]

Kitty is a fur covered mammal, put a lock on your door!

I guess I can sue the Department of Animal Control as a party to the crime of theft too. They're instigating people to trap harmless cats? What kind of BS is that? I very well understand that trapping dogs, or chipmunks, or squirrels, or skunks is ok since they can be carriers of rabies. I don't want to get bitten by these animals. They can cause death. My cat kills me with his constant purring though and who would want to trap such an animal? My cat doesn't harm any other animals, doesn't crap or pee in my neigbor's yard. I know that for a fact because I keep tab of him when he's out. So what legal reason can anyone conjure for trapping someone else's cat? Oh, ya!! Just because they've got nothing better thing to do than invade someone else's right like ours? Thanks to IAAL, I now KNOW THOSE RIGHTS.

Good Grief!
If the humane society or similar organization gave him a trap and your "innocent" property wandered onto his property and was trapped in a "live" trap, which side do you believe has more weight? Look up the concept of public policy. What if he was trapping raccoons that carry disease and injure property? Why do you think that IAAL didn't give you any CA codes? I had a cat break through a window screen in my basement, the cat wandered through the finished basement and then pushed it's way into the sub basement, all it had to do was turn around and leave the same way it came in but it didn't, It died in the sub basement, it was a stray but it could have been yours.
You wanted codes?
Section 4005 Fish and Game Code of Regulations

(a) Except as otherwise provided in this section, every person, other than a fur dealer, who traps fur-bearing mammals or non-game mammals, designated by the commission or who sells raw furs of those mammals, shall procure a trapping license. "Raw fur" means any fur, pelt, or skin that has not been tanned or cured, except that salt-cured or sun-cured pelts are raw furs.

(b) The department shall develop standards that are necessary to ensure the competence and proficiency of applicants for a trapping license. No person shall be issued a license until he or she has passed a test of his or her knowledge and skill in this field.

(c) Persons trapping mammals in accordance with Section 4152 or 4180 are not required to procure a trapping license except when providing trapping services for profit.

(d) No raw furs taken by persons providing trapping services for profit may be sold.

(e) Officers or employees of federal, county, or city agencies or the department, when acting in their official capacities, or officers or employees of the Department of Food and Agriculture when acting pursuant to the Food and Agricultural Code pertaining to pests or pursuant to Article 6 (commencing with Section 6021) of Chapter 9 of Part 1 of Division 4 of the Food and Agricultural Code, are exempt from the license requirement of this section.

Section 4152.

Except as provided in Section 4005, non-game mammals and black-tailed jackrabbits, muskrats, and red fox squirrels that are found to be injuring growing crops or other property may be taken at any time or in any manner in accordance with this code by the owner or tenant of the premises or employees thereof, except that if leghold steel-jawed traps are used to take those mammals, the traps and the use thereof shall be in accordance with subdivisions (a), (b), and (d) of Section 4004. They may also be taken by officers or employees of the Department of Food and Agriculture or by federal, county, or city, officers or employees when acting in their official capacities pursuant to the provisions of the Food and Agricultural Code pertaining to pests, or pursuant to Article 6 (commencing with Section 6021 of Chapter 9 of Part 1 of Division 4 of the Food and Agricultural Code. Persons taking mammals in accordance with this section are exempt from the requirements of Section 3007. Raw furs, as defined in Section 4005, that are taken under this section, may not be sold. Traps used pursuant to this section shall be inspected and all animals in the trap shall be removed at least once daily. The inspection and removal shall be done by the person who sets the trap or the owner of the land where the trap is set or an agent of either.

Section4180.

Except as provided for in Section 4005, fur-bearing mammals that are injuring property may be taken at any time and in any manner in accordance with this code, except that if leghold steel-jawed traps are used to take those mammals, the traps and the use thereof shall be in accordance with subdivisions (a), (b), and (d) of Section 4004. Raw furs, as defined in Section 4005, that are taken under this section, may not be sold.

Traps used pursuant to this section shall be inspected and all animals in the trap shall be removed at least once daily. The inspection and removal shall be done by the person who sets the trap or the owner of the land where the trap is set or an agent of either.