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Old 10-05-2011, 02:08 PM
 
4,919 posts, read 9,867,633 times
Reputation: 5734
Quote:
Originally Posted by Wilson513 View Post
Ohio law is clear on this point. If you trap someone else's domestic cat, depriving them of ownership, it is a theft, plain and simple. If the value of the cat is $500 it is a felony.
100% completely wrong. No matter how many times you say it, it does not change the fact that you are just making this up.

Fact, When Akron OH passed their law, there was outtrage by some of the cat lover. they sued the city to overturn the law. They lost and appealed. After testimony, the Ohio 9th Cuircuit Court of Appeals ruled on february 23, 2005 that the law was legal and upheld trapping in Akron. HOWEVER, not only did they uphold the law, but they established a state wide acceptance that trapping of cats on private property is the right of the property owner. this was a massive slap in the face to the cat lovers because not only did they not overturn Akron law, they set the presedece for it to be legal statewide. The most notable opinon was by Judge Lynn Slady who said that if cat owners didn;t want their cat to become a trapped animal, keep it off other peopel's property. Since that ruling, all other local laws allowing trapping was amended to conform to the appeal court decission. Other towns didn;t even bother writing laws to allow it because the appeals court legalized it statewide as a right of private property owners.

So, repeat what you said as much and as often as you want, but know for a fact that you are 100% absolutely and without a doubt wrong in your statement! and THATS THE FACT!

 
Old 10-05-2011, 02:12 PM
 
8,380 posts, read 11,551,951 times
Reputation: 6017
Quote:
Originally Posted by CaptainNJ View Post
i have a cat, so i know what those little ninjas can do with those claws. my dog isnt exactly miss lovie dovie when she encounters a free roaming animal. she got me sprayed by a skunk once! but she is on a leash, so i can restrain her. i dont really know what the odds are of a cat attacking, but one time would be enough for me. i have heard a couple of cats fighting each other while walking. sounds like crazy baby crying sounds.
Years ago, I had a cat that attacked the neighbor dogs. But that was back in the days when dogs ran free and they would get themselves in for more than
they intended. My cat was about 20 pounds of toughness when he was outside and a gentleman inside. But we had to pay a lot of vet bills for the damage he did to the neighborhood dogs and cats.
 
Old 10-05-2011, 02:13 PM
 
Location: Fayetteville, NC
1,472 posts, read 2,890,293 times
Reputation: 1476
A nice article on how to protect native birds from feral cats and domestic cats allowed to roam by irresponsible owners who have no regard for our wildlife.

Cats and Bluebirds
 
Old 10-05-2011, 03:23 PM
 
Location: Oklahoma
444 posts, read 592,737 times
Reputation: 385
Quote:
Originally Posted by Wilson513 View Post
Your problem, is that you have cited a bunch of laws that pertain to a place called Hamilton County Indiana, which I have never heard of. I admit, there are places where cats are not allowed to roam. Hamilton County Ohio is not one of them.

You're correct about my mistake. I did a quick Google search and it brought up the link for Indiana. Not Ohio.

I apologize.
 
Old 10-05-2011, 03:48 PM
 
8,380 posts, read 11,551,951 times
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Quote:
Originally Posted by ron1999 View Post
You're correct about my mistake. I did a quick Google search and it brought up the link for Indiana. Not Ohio.

I apologize.

No harm. In fact, it points up the difference where it is not a crime to take another person's cat to the SPCA. In a roaming jurisdictions like mine, it is a crime to take a cat you know to be owned by another person. Your only remedy is to call animal control and complain that the cat is a nuisance. In jurisdictions where the cat may not roam, the statutes usually provide that a person may either call animal control or deliver the cat to the animal control authority. Here, if you exercise control over the cat and thereby deprive the owner of his ownership no matter what you do with it, you are going to have committed a crime.
 
Old 10-05-2011, 03:59 PM
 
Location: Oklahoma
444 posts, read 592,737 times
Reputation: 385
Quote:
Originally Posted by Wilson513 View Post
No harm. In fact, it points up the difference where it is not a crime to take another person's cat to the SPCA. In a roaming jurisdictions like mine, it is a crime to take a cat you know to be owned by another person. Your only remedy is to call animal control and complain that the cat is a nuisance. In jurisdictions where the cat may not roam, the statutes usually provide that a person may either call animal control or deliver the cat to the animal control authority. Here, if you exercise control over the cat and thereby deprive the owner of his ownership no matter what you do with it, you are going to have committed a crime.

Are you really sure?

Here is the case that PacificFlights referred to: City of Akron ex rel. Deanne Christman-Resch v. City of Akron

The legal precedent has indeed been set in Akron, Ohio. And, it does allow for live trapping of cats.

Look, nobody is questioning your passion in regards to your cats. It's very admirable to care about an animal as much as you do. But, to rely on a lack of specific laws in your county, instead of reading legal cases to the contrary, could cause you alot of grief.

Especially if you find yourself on the receiving end of a felony charge for assault, battery, or whatever. If you're in jail/prison who will take care of your pets then?
 
Old 10-05-2011, 04:00 PM
 
2,892 posts, read 2,599,072 times
Reputation: 4428
Quote:
Originally Posted by Wilson513 View Post
Here in Hamilton County, Ohio, if I sign the affidavit alleging a theft and a crime is described in the affidavit, they will make the felony charge. that means hand cuffs and a mug shot and a trip to the grand jury. Sure, grand jurors might choose not to indict a person on a felony who trapped their neighbors cat and dumped it at a shelter, but i wouldn't count on it. It would be a very dangerous experiment with the criminal justice system. Also, under Ohio law, I can't be sued successfully if the statements made in the affidavit are true even if the felony charges are dismissed. Ohio, like 44 other states recognizes the absolute privilege for cooperation in criminal cases. So good luck to you brave souls who want to steal someone's cat.
If my dog gets in your yard, you know it is my dog, and you hand it over to animal control - that too is a crime?
 
Old 10-05-2011, 04:04 PM
 
4,919 posts, read 9,867,633 times
Reputation: 5734
Quote:
Originally Posted by Wilson513 View Post
No harm. In fact, it points up the difference where it is not a crime to take another person's cat to the SPCA. In a roaming jurisdictions like mine, it is a crime to take a cat you know to be owned by another person. Your only remedy is to call animal control and complain that the cat is a nuisance. In jurisdictions where the cat may not roam, the statutes usually provide that a person may either call animal control or deliver the cat to the animal control authority. Here, if you exercise control over the cat and thereby deprive the owner of his ownership no matter what you do with it, you are going to have committed a crime.
Why do you make stuff up? can't you argue your case on facts instead of make belive fantasy?

Bet you didn;t know that in your County, it is LEGAL to kill a cat if it attempts to enter your home. Yes indeed, in Hamilton County OHIO a property owner has the RIGHT to kill a cat if it attempts to enter either the home on their property. my source is none other than the Hamilton County Sheriff ofice whcih you are free to call and ask yourself. They said its covered under ORC 959-04. And the person i spoke to laughed their "A" off when I asked if turning over a cat to animal control that was trapped on private property is a crime, as you claim. They had a howl of a laugh on that. as a ,matter of fact, they said that when a cat is trapped, you have a duty to notify animal control even if you keep it to find the owner. This is done to prevent people from trapping and not caring for the cat. They flat out said that your interpretation of the law is "who ever is teling you that has no idea what they are talking about, have them call us for a reality check". there words,, not mine. they said "there is no depriving a person of property right if they turned it over to the proper authorities having jurisdiction. Again whom ever told you this or is saying this doen;t know what they are talking about" again, their words, not mine.

They confrimed that a property owner (or user) has the legal rights under OHIO law to trap a tresspassing cat and turing it over to aniaml control or any law enefocement agency that accepts them is absolutely what is required under the law.
 
Old 10-05-2011, 04:08 PM
 
8,380 posts, read 11,551,951 times
Reputation: 6017
Quote:
Originally Posted by MissNM View Post
If my dog gets in your yard, you know it is my dog, and you hand it over to animal control - that too is a crime?
Dogs have leash laws. Don't you know that? Cats are allowed to roam almost everywhere. Why is this so hard for you dog people to get?
 
Old 10-05-2011, 04:13 PM
 
8,380 posts, read 11,551,951 times
Reputation: 6017
Quote:
Originally Posted by PacificFlights View Post
Why do you make stuff up? can't you argue your case on facts instead of make belive fantasy?

Bet you didn;t know that in your County, it is LEGAL to kill a cat if it attempts to enter your home. Yes indeed, in Hamilton County OHIO a property owner has the RIGHT to kill a cat if it attempts to enter either the home on their property. my source is none other than the Hamilton County Sheriff ofice whcih you are free to call and ask yourself. They said its covered under ORC 959-04. And the person i spoke to laughed their "A" off when I asked if turning over a cat to animal control that was trapped on private property is a crime, as you claim. They had a howl of a laugh on that. as a ,matter of fact, they said that when a cat is trapped, you have a duty to notify animal control even if you keep it to find the owner. This is done to prevent people from trapping and not caring for the cat. They flat out said that your interpretation of the law is "who ever is teling you that has no idea what they are talking about, have them call us for a reality check". there words,, not mine. they said "there is no depriving a person of property right if they turned it over to the proper authorities having jurisdiction. Again whom ever told you this or is saying this doen;t know what they are talking about" again, their words, not mine.

They confrimed that a property owner (or user) has the legal rights under OHIO law to trap a tresspassing cat and turing it over to aniaml control or any law enefocement agency that accepts them is absolutely what is required under the law.
This is a lie. The HCSO has signs at every public place stating that they are prohibited from giving legal advice of any kind and they follow that to the letter. Si Leis would fire anyone in the HCSO for saying what you said. I know him personally. They won't tell you how many copies of a document you have to submit to them. You made this up. Totally pathetic.
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