Someone in My Neighborhood is Trapping Pets

[lemming]

My question involves civil rights in the State of: Washington, Whatcom county
Someone in my neighborhood is trapping pets and giving them to the humane society. He got 3 of my cats while I was away for the weekend.
I believe that he trapped them illegally according to county ordinance 6.04.190 http://www.mrsc.org/wa/whatcom/index_dtSearch.html and RCW 9.08.070 http://apps.leg.wa.gov/rcw/default.aspx?cite=9.08.070
It cost me $75 to get my cats back. I asked for the name of the person doing this so I could ask for reimbursement of those fees, or to take him to small claims court. The animal shelter refused to do so. The clerk at the county courthouse suggested that I file a request for release of information, which I did. After 2 days I was told by the animal control officer that the trapper filed something with the superior court to keep his identity secret. I then contacted the county sheriffs office to see if they could help me identify this person. I also asked if I could file a criminal complaint with regard to trapping my pets. They said that they could not help. That the authority for that was with the animal shelter.
In this state I have the right to take anyone to small claims court, but only if I know who they are. So what do I do now? Can this guy can continue to trap peoples pets and not be held accountable?
I even asked the employees at the shelter if they knew what the county ordinances were regarding cat trapping. They admitted that they didn't know any, and were just loaning out traps to anyone who wanted one!

[aardvarc]

Here are some issues:

The county ordinance applies to animal control officers, it doesn't imply that it is applicable to private citizens operating on their own property (as with most such ordinances) - or applies to animal control agents who are licensed agents being paid to perform a service on private property.

The problem you'll have with the RCW is this:

(a) Takes, leads away, confines, secretes or converts any pet animal, except in cases in which the value of the pet animal exceeds two hundred fifty dollars;

Notice how that in no way says they can't trap your pet if your pet is on
their property, so long as they aren't luring it there. If he's trapping pets on his own property, you are sunk. YOU have a legal responsibility to keep your pets in your, and ONLY your, yard, or under your direct supervision and control (such as on a leash when off your property). That's why police and other authorities aren't able to assist you, and I suspect that you'll be wasting both time and money in pursuing a case in small claims, even IF you can identify who is trapping them. If you want to know where your cats are, keep them in the house or build higher fences to contain them. Once they are out, they are fair game for trapping, dog mauling, racoon fights, getting run over, etc. etc. etc.

[PandorasBox]

Maybe the pet trapper should sue you for the cost of renting the traps to catch YOUR cats on HIS/HER property? And the time and money to drive to the Humane Society?

Sorry, but if you own a pet - you are supposed to keep them on your own property. Yes, you can keep cats in the house, or leashed.

You were away for the weekend, leaving your cats to roam and fend for themselves for dinner (Sounds like you did not make arrangments for a neighbor to care for it, feed it, etc) - not exactly a responsible pet owner, are you?

If you can't take the responsibility - do your cats a favor. Leave them at the Humane Society so they can be adopted by responsible owners.

[lemming]

My cats come and go thru a pet door so they always have access to food and water. The person that I suspect took my cats has already come on my property once and shoved my dog (who was kept in my fenced yard) in an unlocked window on my house. I also thought that trapping was a form of confinement. As far as I know I still have a right to seek compensation in small claims court, yet so far I'm unable to find out where my cats were trapped or who did it or the full circumstances of this event.
Thank you for your help.

[aardvarc]

If you can SHOW that someone came onto YOUR property and trapped them there, by all means bring a case in your local county court. Sue for the humane society fees, court costs, etc. That the police didn't issue a trespass warning when they investigated will be a pretty strong indicator to the court that they either didn't believe that the trapping occurred on your property, or were unable to sufficiently establish that fact. If you've got some investigative ability or evidence that the police don't have, that'll be the basis of your case.

If the animal was OFF of your property, it's over and you're wasting your time. Trapping IS a form of confinement, but you're not reading or applying the ENTIRE statute, nor considering that the statute isn't applicable if your pet is on someone else's PRIVATE property and the person doing the trapping is a private citizen property owner. If that's the case, they can not only TRAP pets who enter their yard, but in most jurisdictions they can lawfully PUT DOWN nuisance wildlife on private property. Put down meaning KILL. Lawfully. Especially since they've now got a RECORD with animal control that your pet has at least on one occasion already had to be removed (making it a NUISANCE) and taken to the humane society.

If that's the case, then you're on the loosing end here. The law requires YOU to keep YOUR pets in YOUR yard and OUT of other people's yards. Bringing a suit will be a wonderful excuse for any neighbor who has had to deal with YOUR pets in THEIR yards to bring a countersuit of their own against you (one they would probably WIN).

[jk]

As far as I know I still have a right to seek compensation in small claims court, yet so far I'm unable to find out where my cats were trapped or who did it or the full circumstances of this event.
Thank you for your help.

well, even if you know who did it, unless you can prove they came onto your property to take them, you cannot prove your claim. So, you have a losing case against an unknown person.

[PandorasBox]

So you admit your cats "Come and go through a pet door".

How about....close cat door?

Then your cats can't just leave your premises?

When you let your cats go off on their own...they are subject to fights with other animals, choking on the bird or mouse they had to eat, being run over by vehicles (Sorry, I will never turn into a tree so a cat crossing the road can live). Poison.

If you love your "pets' - Keep them contained on your own property. This is YOUR responsibility.

[lemming]

Problem solved.
I found out who took my cats to the pound. Because of all the secrecy and the bogus description I was given, it led be to believe that it was a neighbor who has come into my property before and shoved my dog in to an unlocked window. I thought that he waited until I was away to take my cats as a malicious act. when you take an animal to the pound here you don't have to prove anything and they will protect your identity. I was considering filing a criminal complaint with regard to that afore mentioned trespassing incident. I had originally let it go because I thought the man was a little senile.
Before I could do that, I found out who took the cats and why while talking to people around here. I spoke to him and apologized for the cats getting into his garage. He didn't ask for any kind of compensation for the mess but I'll make it up to him somehow. He is a good neighbor. I don't mind making something right if any of my animals damaged some one's property.
However I think this whole drama could have been avoided if I was told the truth to begin with. And yes I will find some way to confine my cats, however that means that the moles will return to my yard

[jk]

moles come to eat the grubs. You use insecticide to get rid of the grubs and the moles don't come.