What Happens When Your Pet Is Taken By Animal Control

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As a caregiver for outdoor cats, you may be approached past local government at some betoken. In some communities, creature-related ordinances are enforced by total-fourth dimension animal control officers; in others, police officers, sheriffs, or code enforcement officers might be assigned to animal control duties or vesture several hats, including animal control. In some situations, the Department of Health might reply to certain questions or concerns. Any one of these officials might at some betoken have an involvement in outdoor cats.

Some animal control departments and other local government are wholeheartedly supportive of Trap-Neuter-Return (TNR) and can be excellent allies in your TNR piece of work. Increasingly, fauna command agencies and beast shelters are participating in TNR and Shelter-Neuter-Return (SNR), as they realize that doing so is all-time for the cats and the community.

Unfortunately, some authorities are stuck in an outdated mindset and aren't supportive of TNR, or are tasked with enforcing antiquated laws that prohibit TNR or create barriers for community cat caretakers. If you notice yourself in conflict considering you care for cats who live outdoors, it's important that you understand your rights under the law, and to remember that the officials, including law enforcement officers, are non allowed to violate those rights. They can't search your property, stop and question you, or cite you without a reason. However, caregivers often consent to these requests because they don't know they have the option to say "no."

The post-obit fact sail provides yous with information on your rights. It should non be construed every bit legal advice.

Get the Facts: An Overview

What is Animate being Control?

Local authorities, frequently in the form of an beast control agency are charged with enforcing laws related to the command and impoundment of animals—including laws that may bear on the feeding, spaying and neutering, and care of outdoor cats.

The shape of animal control duties differs from community to customs. Creature control officers may be employees of the urban center or work as contractors. Some animate being control officers accept the power to arrest or issue citations, some do not. Some are licensed to carry firearms, some are not. In some communities, animal command is the responsibility of the police department or code enforcement, while other communities may contract with private businesses or shelters for animal control.

Do some research to discover out about your local animal command. Phone call your metropolis government or detect our "Guide to Local Government."

Animal Control Laws are Different Everywhere

Laws affecting Trap-Neuter-Return and outdoor cats are different in every metropolis and state. The best mode to protect yourself and your cats is by knowing your local laws.

You can find tips past referring to our factsheet "How to Find Laws that Relate to Cats."

Annotation: Pay special attention to the definition of "owner" in your local laws. Some definitions are then broad that they tin be interpreted as including community cat caregivers—who we know, of course, do non own community cats. In recent years, some jurisdictions have expressly exempted caregivers from the definition of "owner" in order to avoid confusion.

What you tin can do proactively, right now

• Mail service "No Trespassing" signs in your front yard and other areas yous seek to continue private.
• Make sure to continue your attorney's phone number and proper name handy.
• Keep all veterinary medical record files with vaccinations, spay/neuter certificates, etc., where they are easily attainable.
• Follow best practices for caregivers, and choose unimposing locations for feeding stations and shelters. This helps minimize the chance that someone will telephone call fauna control in the first place. Find our best practices at www.alleycat.org/BestPractices.
• If y'all're able, microchip community cats when you carry out TNR; this provides definitive proof that a particular cat matches your veterinary records and can salve a cat'south life. Notice more than information on microchipping at world wide web.alleycat.org/Microchipping.

When Animal Control is at Your Door

Always be polite but firm when speaking to an animal command representative. Yous can employ these scenarios to guide you in your interactions. And call up: less is often more. Annihilation you lot say in an interaction with the authorities could inadvertently reveal something unhelpful to your example or give them grounds for a more all-encompassing search.

If the officer asks questions about the colony…

Enquire if the officer believes that y'all are violating whatever laws. This will help you determine if the officer is trying to pursue a charge against you or just looking for data or clarification. (Remember: Your animal control officer may not be familiar with Trap-Neuter-Return.)

Be aware that anything you say tin be used in court. If you lot are not comfy answering questions, practise your constitutional rights by politely telling the officer that you lot'd similar to remain silent, and and then do so. Or, politely request to speak to your attorney first.

In many instances, you may enquire animal control to return at a futurity date or time and then that you may starting time speak with your attorney. Only in emergency situations (called exigent circumstances) may an officer search your property without a warrant.

Here's an example:

Creature Command: "Are those your cats?"
You: "Practice y'all think I am violating whatever laws?"
Animal Control: "That depends on if the cats belong to yous."
You: "I'd like to speak with my chaser earlier I respond any questions." Or "I'd like to remain silent."

If the officer asks to search your belongings…

Y'all are not required to give your consent to search.

Ask the officer to see a search warrant. If they don't have one, you do not have to let them within the business firm or onto individual property. Politely tell the officer that you lot practice not consent to a search.

Pace exterior of the house and exist certain to close the door backside you lot! This is of import because anything animal control tin can meet may be used as cause to search or obtain a warrant.

Case:

Animate being Control: "We received a complaint near cats in the neighborhood. I'd similar to look effectually."
Y'all: "May I come across a search warrant?"
Animal Command: "I just desire to encounter if all the animals on your holding are healthy."
Yous: "I exercise non give yous my consent to search my property."

If an officer asks to observe your colony care…

Yous aren't required to tell an animal command officeholder when and where you feed cats. You may exercise your right to remain silent similar in the examples above.

If you feed the cats on your own private belongings, you do not have to permit brute command onto the belongings without a warrant. (See "If the officer asks to search your holding…")

If you feed cats on public property, people might meet what you are doing. Some areas accept laws restricting what activities are allowed on public holding, so cheque your local ordinances to learn more. Always exist considerate of the area, and inconspicuous in your actions. Follow skillful colony care practices including keeping the expanse clean and removing all nutrient after 30 minutes.

If an officer asks y'all to sign something other than a court summons …

Do not sign any document without consulting an chaser.

When animal control asks for your signature, they are probably seeking one of three things:

• An admission or denial of responsibility for the cats.
• Consent or permission to take action.
• A relinquishment of all rights to any animals on your property.

If an animal command officer asks y'all for written consent or permission, information technology unremarkably means they demand your permission to practise something and they don't have information technology—for example, to search or trap cats on your belongings. Remember: You lot don't have to give permission only considering they inquire for information technology. Say that yous'd like to consult an attorney before signing annihilation. Your attorney can help yous look up your local laws and determine how to proceed.

Animal control officers are in that location to enforce the local animate being command laws, so politely ask questions to find out more:

• "What will happen if I say no?"
• "Am I violating any laws?"
• "Under what ground?"
• "What ordinance is that nether?" or "What is that code exactly? I would like a copy of it. Can you provide it for me?"

Instance:

Animal Command: "It'south illegal to feed cats here. Sign this form so we can trap them."
You lot: "May I ask which ordinance that'due south under?"
Animate being Command: "Our local ordinance prohibits feeding animals on public belongings."
You: "What happens if I say no?"
Fauna Command: "You will receive a citation."
You: "I'k not refusing to sign, but I would like to consult an attorney before I sign anything."

If an officeholder serves y'all a search warrant…

Make sure that the officer knocked and announced their presence. Officers are only allowed to enter without doing so in limited, emergency situations.

Step outside, close the door behind you lot, and politely ask the officeholder if you can read the search warrant. Take notation of what the warrant says, and where information technology permits the officeholder to search.

Officers cannot search beyond what the warrant allows.

Example:

Animal Control: "We have a search warrant for this home."
You: "Could I see the warrant, please?"
Animal Control: "Don't worry, we've got a warrant."
You: "And then you won't mind showing information technology to me? It'll just have a infinitesimal."

A valid warrant will contain the address, date (inside fourteen days), and a judge's signature. If there are any mistakes, do not consent to the officeholder entering your belongings.

Take careful notes of what the officer does and what is said while the search occurs. You lot want to have all the data so y'all can provide it to your chaser afterward.

If you are charged with a crime, consult an chaser right abroad.

If an officer asks yous to trap or plow in cats you care for…

Politely ask the beast control officer what specific ordinance requires you to trap the cats. Information technology is extremely rare that a caregiver is required past law to trap cats. More probable, the officer is just making a asking.

If you are violating another ordinance, the officeholder may be trying to bargain with you. Ask, "What happens if I say no?"

If the officer threatens you lot with a citation, state that y'all'd like to contact your attorney.

Case:

Creature Control: "We've had complaints about cats that you lot feed. Trap them and bring them to the shelter."
You: "What happens if I say no?"
Animal Control: "You lot'll receive a commendation."
You lot: "Under what ordinance?"
Animal Control: "Violating our leash constabulary."
Yous: "I'd like to consult my attorney."

In this case, leash laws may apply just to true cat owners and not caregivers—a local attorney can advise you on the specific constabulary in your area.

If you feel your rights are beingness violated…

Say that you'd like to remain silent, and consult an attorney right away to decide if an creature control officer is violating your rights.

Do NOT:

• Face or obstruct the officer
• Threaten to file a complaint
• Physically resist

In doing so, you may violate other laws that will get you into trouble and prevent yous from legally protecting cats.

Example:

Animal Command: "I'd like to search the property."
You: "I practice non give my consent to search my property."
Beast Control: "I'k responding to a complaint, I do not need your consent." The officer and then gain to enter your house or yard.
You lot: "Please excuse me, I'd like to contact my chaser."

Remember to follow best practices when caring for community cats.

If animal command visits you one time, make sure that yous are following best practices when caring for your outdoor cats in case animal control comes back a second time. You lot tin can find our guide for "Best Practices: Customs Cat Colony Intendance."

Fast Facts

• You are non required to say annihilation beyond identifying yourself and telling the officeholder you're exercising your right to remain silent.
• You are not required to let police or animal control to search your domicile or property without a warrant.
• You are not required to allow creature control or other law enforcement to observe your colony or feeding times on individual property.
• Y'all are not required to inform animal control if the cats are yours or not.
• You are not required to sign annihilation (other than a court summons).
• You are not required to trap cats.
• You are not required to bring cats to a shelter.
• You are not required to give consent to trap or kill an brute.

Your responsibilities

• Stay calm and exist polite.
• Go the name and badge number of the officer.
• Write down everything immediately after the run across.
• Practice non interfere with or obstruct the police.
• Do not touch or threaten officers or neighbors.
• Do not threaten to file a complaint.
• Do not lie to law enforcement.
• Follow best practices for colony care.

Quick questions to ask

• "What will happen if I say no?"
• "Am I violating any laws?"
• "Under what basis?"
• "What ordinance is that under?"

More Information

• Cats and the Law: Finding and Agreement Your Laws
• Cats and the Law: A Guide to Getting Legal Aid
• Community Relations – Resolving Conflict
• Know Your Rights by the National Lawyers Lodge
• Know Your Rights: If You're Stopped by Police and Searches and Warrants by the ACLU

Source: https://www.alleycat.org/resources/know-your-rights-how-to-talk-to-animal-control/

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