Nuisance Cats

[Josef]

Jurisdiction

Louisiana

So in Louisiana, there is a statewide leash law for dogs and I think pigs. I can be the jackass neighbor who calls the cops on neighbor dogs if I want to and they'll get a fine. Not for cats. Cats are allowed to run wild and destroy your property and as a homeowner, any possible action you think you might be able to take is a felony. There is no animal control group. Killing them is animal cruelty. Hauling them off somewhere to be someone else's problem is the felony of abandonment. Poisoning them is animal cruelty. These are all things I could do if it were a racoon pissing all over my property. I could just kill it and throw it in the woods. If you don't know, cat urine is highly caustic besides stinking terribly. My entire property of 1 acre is surrounded by the stink of the next door neighbor's 20 or so cats she keeps in a shed 20 feet from my house. Around 6 or 8 of them roam free at any given time and are always in my carport and yard. Which leads me here. What recourse do I have in small claims court? I don't really have any monetary damages, other than when I sit in a puddle of urine in my lawnmower seat (I have to clean it out daily). In the past, a dog urinating on my a/c compressor rotted out a huge section of metal and that cost me $5000 to replace, so this is not a joke. And if you don't know, in Louisiana, small claims courts are run by Justices of the Peace, who are not required to have an ounce of legal training. Also not a joke. The homeowner is a middle aged crazy (literally, off her meds a lot) woman who rants and raves on her porch with her music cranked up loud all the time. There is no talking to her about this. What can I do?

 

[Tax Counsel]

What can I do?

See a local lawyer about your situation to see your options. Perhaps there is a local or state animal law that would apply here that would help you. Otherwise, about your only other remedy here (other than moving) would be to sue her in regular court for an injunction requiring her to keep her cats confined to her property. You cannot sue for an injunction in Louisiana small claims court. The lawyer can explain your options and what each will cost you to pursue.

 

[justblue]

So in Louisiana, there is a statewide leash law for dogs and I think pigs. I can be the jackass neighbor who calls the cops on neighbor dogs if I want to and they'll get a fine. Not for cats. Cats are allowed to run wild and destroy your property and as a homeowner, any possible action you think you might be able to take is a felony. There is no animal control group. Killing them is animal cruelty. Hauling them off somewhere to be someone else's problem is the felony of abandonment. Poisoning them is animal cruelty. These are all things I could do if it were a racoon pissing all over my property. I could just kill it and throw it in the woods. If you don't know, cat urine is highly caustic besides stinking terribly. My entire property of 1 acre is surrounded by the stink of the next door neighbor's 20 or so cats she keeps in a shed 20 feet from my house. Around 6 or 8 of them roam free at any given time and are always in my carport and yard. Which leads me here. What recourse do I have in small claims court? I don't really have any monetary damages, other than when I sit in a puddle of urine in my lawnmower seat. In the past, a dog urinating on my a/c compressor rotted out a huge section of metal and that cost me $5000 to replace, so this is not a joke. And if you don't know, in Louisiana, small claims courts are run by Justices of the Peace, who are not required to have an ounce of legal training. Also not a joke. The homeowner is a middle aged crazy (literally, off her meds a lot) woman who rants and raves on her porch with her music cranked up loud all the time. There is no talking to her about this. What can I do?

You can sue her for any and all damages her cats do to your property. I assume you have security footage of her pets urinating/spraying on your property?

Have you filed a complaint with your local police department?

 

[Josef]

As I said, there are no laws protecting me as a homeowner from cats. None.
So there is no reason to call law enforcement because there is nothing for them to enforce. And no, I don't have footage of her cats. I can move some cameras to my carport. How does an injunction work? If there is no violation of the law, why would a judge give me an injunction?

 

[adjusterjack]

If there is no violation of the law, why would a judge give me an injunction?

You're right. If you were just seeking an injunction against her "cativity" you aren't likely to get one. You say they are her cats but you have no real proof. They could be cats from somebody else's property further away.

What you need is video evidence of cats coming from her shed, entering your property and damaging your property.

Then you need to determine monetary damages, engage in a private nuisance lawsuit (google it) and seek an injunction ordering her to keep her cats under control along with an award of monetary damages.

But you're not done yet. You need to keep the videos going and continue surveillance. If the cats leave her shed and invade your property you can seek a contempt of court citation.

Unless she is incredibly stupid she may eventually realize that keeping cats is costing her a lot of money and a lot of grief and may eventually land her in jail for contempt of court.

This is not something you can do in small claims court and you are likely to have to hire a lawyer if you intend to get it right. So, be prepared to spend lots of money on litigation for a scorched earth campaign or spend on some sort of electronic barrier that will discourage the cats without harming them.

electronic cat barrier at DuckDuckGo

 

[Josef]

And none of this scorched earth expense is recoverable?

 

[adjusterjack]

And none of this scorched earth expense is recoverable?

No.

In the American legal system each party pays for his own litigation expenses unless there is a contract specifying otherwise or there is a statute authorizing the recovery of lawyer fees.

Neither applies here.

Like anything in life, if you want something bad enough you pay for it.

If it was me, I would look into the electronic cat barriers. Looks like there are a lot of options.

 

[Josef]

Yeah, expensive, and a nuisance in themselves. .22s cost about a penny each. I might have to go with the self defense option.

 

[justblue]

https://www.walmart.com/ip/Solar-Po...10=8175035&wl11=online&wl12=870435208&veh=sem


PetAg Boundary Indoor/Outdoor Cat Repellent, 22-oz bottle - Chewy.com

Tomcat Animal Repellent Granules For Most Animal Types 2 lb. - Ace Hardware

 

[justblue]

Yeah, expensive, and a nuisance in themselves. .22s cost about a penny each. I might have to go with the self defense option.

Is it fun to be a stereotype?

 

[Josef]

I would love to have the water cannons, but no water over there. And I'd be spraying into her yard. The granules look interesting. If they work. The Chewy link won't open for me, so I can't tell what that is.

Is it fun to be a stereotype?

Wouldn't know. Is it fun to have your property violated a hundred times a day? I know the answer to that one.

 

[army judge]

And none of this scorched earth expense is recoverable?

Cat repellent often does the trick, mate.

These are said to be the top 10 cat repellents (YOU must do your due diligence as I am NOT recommending any of them, just illustrating such things exist):

10. Hoont Motion Activated
The Hoont Motion Activated (appx. $40) utilizes a pair of speakers to put out one of three ultrasonic frequencies, the intensity of which you control. You can also set the unit's sensitivity, so less intrusive animals, like butterflies and birds, don't drain your batteries.

9. Natural Armor Spray
The concentrated formula of the Natural Armor Spray (appx. $21) will dilute into roughly one gallon of liquid that can cover approximately 4,000 square feet. It's available in three pleasing scents, and doesn't wash away easily in rainstorms.

Completely biodegradable
Lasts 90 days after application
Some scents are less effective

8. PetSafe Ssscat
PetSafe Ssscat (appx. $35) is, essentially, a small, motion-activated squirt bottle — and we all know how much felines hate to be sprayed. It contains an unscented liquid that is completely harmless, which it can project up to three feet.

Each can provides about 90 sprays
Shouldn't be used around birds
Refills are expensive

7. Homarden Garden Cat Scat Mat
If you are serious about keeping felines away from your flowerbeds, then you may be interested in the Homarden Garden Cat Scat Mat (around $17). Rather than relying on a noise or a spray, this creates a physical barrier that those furballs will be loath to try and cross.

Can also be wrapped around trees
Easy to cut to size
Unsightly appearance

6. Tattle Tale Sonic Pet Training Alarm
The Tattle Tale Sonic Pet Training Alarm (about $44) comes as a two-pack that you can use to keep all kinds of animals off of furniture or away from certain areas of the home, like the garbage can or a bed. It utilizes structural vibration technology to deter them.

Also emits a short three-second beep
Made in the usa
Only meant for indoor use

5. PredatorGuard PestAway
The PredatorGuard PestAway (about $45) has an impressive 40-foot detection range, which makes it a good choice for those with large yards. It utilizes a combination of three deterrent methods, an ultrasonic sound, a flashing strobe light, and an optional audible tone.

Effective against birds too
Lasts through years of use
Easy to set up anywhere

4. Sofa Scram
If it's an indoor pet you are worried about, rather than an outdoor one, the Sofa Scram (appx. $30) is worth considering. Simply lay it on your couch, in front of a doorway, or by any other area where you don't want cats or dogs to go.

Touch-activated
Emits a short loud beep
Runs on a single 9-volt battery

3. Nature's Mace
If you are one of the few people who can hear the sound emitted from ultrasonic devices and find it annoying, you will probably be interested in Nature's Mace (appx. $20). It comes as a concentrate or ready to use and works by creating a sensory barrier felines find unpleasant.

Safe for use around plants and kids
Suitable for indoor and outdoor use
100-percent money-back guarantee

2. RoyalSell Stake (I use three of these, and they have an impact on feral felines).
Whether you are trying to keep rodents, felines, canines, or raccoons out of your yard, the RoyalSell Stake (around $23) can help. It is solar powered, so you don't have to worry about running any electrical wires, and can withstand all weather conditions.

Can also be hung on a wall
Uses sound and light as a deterrent
Color blends into gardens well

1. Amtek Scraminal
The Amtek Scraminal (about $57) is designed for indoor use to keep cats out of particular areas of the home. It uses a combination of heat and motion sensors to identify when an animal enters the vicinity, at which point it lets out a series of short, high-pitched tones.

Fifteen-foot detection range
Works very well for spot coverage
More effective than ultrasonic units


Top 10 Cat Repellents of 2019 | Video Review


DIY cat repellent:

 

[justblue]

I would love to have the water cannons, but no water over there. And I'd be spraying into her yard. The granules look interesting. If they work. The Chewy link won't open for me, so I can't tell what that is.


Wouldn't know. Is it fun to have your property violated a hundred times a day? I know the answer to that one.

Yeah, I do know. I have found homes for dozens of stray cats/kittens in my life. I have also had the occasional PITA neighbors cat come and spray/pee/poop in the yard, jump on my car and scratch the paint (1 hour after driving it home from the dealership). Right now my property has been taken over by an Asian Overlord...AKA Blue, the Himalayan...who will not go home.

Never have I considered shooting a cat because it came on my property or even because it sprayed my stuff.

For <$20.00 you can get a spray the will deter strays from coming onto your property...it will keep the cat away without bloodshed.

BTW: Aren't my kitties cute as shit?? Yeah....they are.

 

[Tax Counsel]

If there is no violation of the law, why would a judge give me an injunction?

The cats are coming on to your property to urinate. That's a form of trespass to property. You have the right to keep others (and their stuff, like their animals) off your property. So while there may be no crime being committed, your property rights are involved and that can be sufficient to a injunction.

You're right. If you were just seeking an injunction against her "cativity" you aren't likely to get one.

I disagee. If the OP can prove the activity is caused by the neighbor's cats he should have a sufficient basis for seeking an injunction based on trespass. He just needs the evidence to back it up, and be willing to pay the cost of litigating it. Hence the recommendation to see an attorney.

 

[adjusterjack]

On the lighter side of the question (or maybe the darker side) here's my favorite book about cats (available on Amazon) and a useful cat carrier (probably not available on Amazon).

 

[justblue]

Awww...Jack! We trying to get OP to NOT go all Van Pelt on the poor kitties. Don't give him felinacidal ideas.

 

[adjusterjack]

 

[mightymoose]

Your county does not have animal control at all? You should be able to trap the cats and surrender them to animal control
.