Buena Park, CA asked in Animal / Dog Law and Municipal Law for California

Q: Trapping cat on my property?

Hello, my neighbor's cat has been pooping on my property for years, they even litter on my outdoor furniture. I tried to talk to the neighbor but they refused to do anything about it and says that it might be a stray cat somewhere. So I decided to set a humane trap on my back yard. In the next morning, the trap catches the neighbor's cat. They neighbor ran over and tell me to release the cat immediately, and threatened me to call the cop. I released the cat. MY QUESTION IS: IS it illegal to set a humane TRAP on my back yard?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: A lot of these animal laws are local and specific. Generally, you should have the right to set the trap on your backyard if the cat is routinely trespassing on your property. You have a right to quiet use and enjoyment of your home. Look at the local codes on animal control in your jurisdiction; oftentimes, there are direct rules addressing the consequences of trespassing animals.

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