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Dogs and Cats running/killing game


chas0218
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1 hour ago, chas0218 said:

I understand the small game, but isn't the law basically giving the person permission to kill the cat if the above requirement is met? In other words the right? Then the last section of "no action or damages lie against any authorized person". Firearm wise it is legal for me to use a pellet gun within my town limits. Once again I'm not looking to kill the cats but I could based on the law one could. 

 

The bird house thing I would imagine warrant it being they are "hunting" song birds.

 

Again, I'm no lawyer, but I draw a distinction between lawful activity and a right.  A right cannot be removed, as in your right to freedom of religion, speech, to peacefully assemble, etc.  A lawful activity can be legislated out of existence, as in raising the drinking age to 21 from 18, or banning indoor smoking.  This, in my opinion is a lawful activity, which is different from a right.

And...  As far as the "no action..." language is concerned, I'd be hesitant to act on the statute without consulting someone who's familiar with ENV law, or related case law.  The last clause in that sentence ("...as provided in this section.") leaves a door open for interpretation of what is a "humane" dispatch, and whether or not a cat is "at large."

You could be 100% justified in your actions, and within the definition of the law, and if the neighbor has resources or the will, there is likely a lawyer somewhere (close) that might file suit based on whether it was a humane dispatch and/or if the cat was at large.  Despite the statute's apparent definitive statement of action, I can see room for interpretation in the statute. 

I'd get my ducks in a row (write to the town, local law enforcement, get everything I can in writing) before I employed this statute.  Again, I ain't no lawyer, but this is one hell of a litigious state.

 

Edited by Rebel Darling
Grammar
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8 minutes ago, Rebel Darling said:

 

Again, I'm no lawyer, but I draw a distinction between lawful activity and a right.  A right cannot be removed, as in your right to freedom of religion, speech, to peacefully assemble, etc.  A lawful activity can be legislated out of existence, as in raising the drinking age to 21 from 18, or banning indoor smoking.  This, in my opinion is a lawful activity, which is different from a right.

And...  As far as the "no action..." language is concerned, I'd be hesitant to act on the statute without consulting someone who's familiar with ENV law, or related case law.  The last clause in that sentence ("...as provided in this section.") leaves a door open for interpretation of what is a "humane" dispatch, and whether or not a cat is "at large."

You could be 100% justified in your actions, and within the definition of the law, and if the neighbor has resources or the will, there is likely a lawyer somewhere (close) that might file suit based on whether it was a humane dispatch and/or if the cat was at large.  Despite the statute's apparent definitive statement of action, I can see room for interpretation in the statute. 

I'd get my ducks in a row (write to the town, local law enforcement, get everything I can in writing) before I employed this statute.  Again, I ain't no lawyer, but this is one hell of a litigious state.

 

I agree, I posted this as a way to get other peoples opinion on the subject and see how they would approach this. It is a shame no one would step in to take care of the problem. It isn't fair to the animals to live like this or the people in the neighborhood that have to deal with the crap and dead birds laying around.

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4 minutes ago, chas0218 said:

It is a shame no one would step in to take care of the problem. 

Maybe this is because most people have a problem shooting their neighbor's pets. I bet you would be the first to whine and complain if someone violated your opportunity to hunt, which for you is strictly a sport, yet you want to go about killing pets because they are following their inbreed, natural instincts to hunt. 

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21 minutes ago, Uptown Redneck said:

Maybe this is because most people have a problem shooting their neighbor's pets. I bet you would be the first to whine and complain if someone violated your opportunity to hunt, which for you is strictly a sport, yet you want to go about killing pets because they are following their inbreed, natural instincts to hunt. 

Wow have you read any of my posts? I mentioned I don't want to kill anyone's pets I'm talking feral cats and I still don't want to kill them. What do you mean I would whine about violating my opportunity to hunt and how does that pertain to the issue at hand? All I did was bring to light the laws pertaining to dogs and cats. The issue of dogs running deer and stray cats seems to come up every year. I thought people would like to see in black and white how the law reads pertaining to the subject.

I do not hunt for sport so I'm not sure where you got that from. I eat everything I kill, hence me not wanting to kill the feral cats in my neighborhood. If you are referring to the deer I have posted over the few years I have been a member they were all taken on my familys property in NY that has been owned for 3 generations and hopefully many more to come. Do I like the challenge of trying to get that one deer? You bet I do, but hunting for sport is not my cup of tea.

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52 minutes ago, Uptown Redneck said:

Maybe this is because most people have a problem shooting their neighbor's pets. I bet you would be the first to whine and complain if someone violated your opportunity to hunt, which for you is strictly a sport, yet you want to go about killing pets because they are following their inbreed, natural instincts to hunt. 

Well if anyone is the expert with the longest history on "inbred" we have to defer to you...

Sorry, I had to.  

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1 hour ago, Uptown Redneck said:

Maybe this is because most people have a problem shooting their neighbor's pets. I bet you would be the first to whine and complain if someone violated your opportunity to hunt, which for you is strictly a sport, yet you want to go about killing pets because they are following their inbreed, natural instincts to hunt. 

every post you make is just to stir the pot.  lets be honest.  even other pot stirs on here post useful or legit hunting input.  I'm reserving the right to think in real life, outside what you post on these forums, you'd probably be the first to boot someone's kitten down a flight of stairs.  don't take it personal.

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simple suggestion

33 gallon garbage can, cage trap that fits completely in the garbage can, fill can with water, set trap baited with can of cat food and or some chicken parts.

put the cage right next to the garbage can, cover the floor of the cage with dirt or sand, cats don't like the wire on their feet, depending on the make of the trap you'll want to make a longer trigger with a piece of luan but not so long it will trip when the critter is still under the door.

now go out after dark, or very early am while still dark, and check the trap, you'll have cats skunks possums coons, etc in there, gently pick the trap up whole and gently place it in the garbage can, when the bubbles stop coming out, quickly remove the trap and dump the animal out into a box and take it far away and dump the box out, this is called "drown proofing" in the navy and the animal will usually recover in 10 to 15 minutes and crawl off.  It stops you having to shoot them, you don't get sprayed or bit, and if it is rabid, has distemper, fleas, ticks, etc  you've not come into any contact with the animal directly.

if you choose to leave it in the water for an hour that is up to you, then dispose of or skin and eat as you see fit.

above all keep your mouth shut about it, on here, facebook  at work etc etc.  learn to keep your own counsel because  there is always some idiot it seems back east that can't keep their beliefs to themselves and simply must worry about what you are doing over on your side of the hill...they will NOT fit in the garbage can and trust me disposing of them makes getting rid of a cat carcass look like child's play.

and go get a trapping license, it makes things a lot easier should a warden show up. here cats are shot on sight, no license needed no residency needed, kill the damn little murderers, if someone cared about their cat they'd have the beast in the house.

I trap animals and domesticate them, sometimes they are shot, what can you say about it? 

one of my coyotes, ermine, rabbits, marten or fox are loose, it runs the risk of being killed.  I understand that.

cat owners should assume that too.

Edited by slickrockpack
speling errors
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simple suggestion

33 gallon garbage can, cage trap that fits completely in the garbage can, fill can with water, set trap baited with can of cat food and or some chicken parts.

put the cage right next to the garbage can, cover the floor of the cage with dirt or sand, cats don't like the wire on their feet, depending on the make of the trap you'll want to make a longer trigger with a piece of luan but not so long it will trip when the critter is still under the door.

now go out after dark, or very early am while still dark, and check the trap, you'll have cats skunks possums coons, etc in there, gently pick the trap up whole and gently place it in the garbage can, when the bubbles stop coming out, quickly remove the trap and dump the animal out into a box and take it far away and dump the box out, this is called "drown proofing" in the navy and the animal will usually recover in 10 to 15 minutes and crawl off.  It stops you having to shoot them, you don't get sprayed or bit, and if it is rabid, has distemper, fleas, ticks, etc  you've not come into any contact with the animal directly.

if you choose to leave it in the water for an hour that is up to you, then dispose of or skin and eat as you see fit.

above all keep your mouth shut about it, on here, facebook  at work etc etc.  learn to keep your own counsel because  there is always some idiot it seems back east that can't keep their beliefs to themselves and simply must worry about what you are doing over on your side of the hill...they will NOT fit in the garbage can and trust me disposing of them makes getting rid of a cat carcass look like child's play.

and go get a trapping license, it makes things a lot easier should a warden show up. here cats are shot on sight, no license needed no residency needed, kill the damn little murderers, if someone cared about their cat they'd have the beast in the house.

I trap animals and domesticate them, sometimes they are shot, what can you say about it? 

one of my coyotes, ermine, rabbits, marten or fox are loose, it runs the risk of being killed.  I understand that.

cat owners should assume that too.


By far the best answer in this thread, we can mark this problem solved.

Sent from my SM-G900V using Tapatalk

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29 minutes ago, The_Real_TCIII said:

I was looking on an old drive for trail cam pics and found a picture of the sandbox. One of the few times the tarp was on it. And if I had a nickel for every time I heard "Theres nothing to do in our yard!" Id be a millionaire 

Sandbox.jpg

That stamped concrete looks awesome!

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7 minutes ago, Jeremy K said:

My wife was friends with the girl across the street from us and she let her cats out all the time . My wife was telling me she made a post on Facebook addressing the awful person who spray painted her cat . I know im not the only one who was sick of them.

What color did you choose?

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