Do I have a case?

[Just Blue]

Why will I not win?

For the same reason you wouldn't win against the State of Kentucky for the wildlife that is pooping in your yard and snoozing on your lounge chairs.

 

[UK_Cats]

For the same reason you wouldn't win against the State of Kentucky for the wildlife that is pooping in your yard and snoozing on your lounge chairs.

Well, that's an interesting opinion. So owners are not accountable for their pets in this case because the pets are considered the same as wildlife under the law? I'd be interested to hear from other legal experts if they agree. Could someone else please weigh in?

Thanks!

 

[Just Blue]

Well, that's an interesting opinion. So owners are not accountable for their pets in this case because the pets are considered the same as wildlife under the law? I'd be interested to hear from other legal experts if they agree. Could someone else please weigh in?

Thanks!

Cats are allowed to roam free...there isn't a "leash law". If you can prove that they (cats) damaged your property and have video of them doing so...sue the neighbor. IMPO people should control their pets...Whatever the law is.

 

[UK_Cats]

Cats are allowed to roam free...there isn't a "leash law". If you can prove that they (cats) damaged your property and have video of them doing so...sue the neighbor. IMPO people should control their pets...Whatever the law is.

Thank you, Bambi.

Are there any other opinions on the merits of this case?

 

[LdiJ]

Thank you, Bambi.

Are there any other opinions on the merits of this case?

I think that your notion that your outdoor furniture needs professional cleaning, due to cats sleeping on it, is a bit silly.

Cats also bury their poop, therefore the odds of them leaving "piles" in your yard is not very credible. I have had indoor and outdoor cats and I don't think that I have ever seen any cat poop outside. If you had a sandbox and were complaining about your neighbor's cats using that as a litter box I would believe THAT.

 

[not2cleverRed]

Thank you, Bambi.

Are there any other opinions on the merits of this case?

1) Unless your particular municipality has specific laws restricting cats outdoors, there is no code violation.

2) Unless you can prove that the cats, and only the cats, are the source of damages, you have a very weak case. Furthermore, the amount you could be awarded in damages would have to be balanced by your reasonable steps to mitigate the damages.

I am not a cat owner. There are several feral cats roaming my neighborhood. I am more concerned with raccoon poop than cat poop. I have more deer poop and feral rabbit poop (someone released extra large domesticated rabbits in my neighborhood) than I have cat poop. Goose poop and dog poop is pretty disgusting too.

 

[HighwayMan]

I can't imagine outdoor furniture cushions that have to be professionally cleaned. The only outdoor furniture cushions I have ever seen can just be hosed off. Or store them inside when they aren't in use.

You might Google "cat repellent" and see how many options you have to keep cats away from your yard.

 

[quincy]

.. So owners are not accountable for their pets in this case because the pets are considered the same as wildlife under the law? I'd be interested to hear from other legal experts if they agree. Could someone else please weigh in? ...

If your city/county does not have an animal ordinance that regulates cats, you can look to your state's private nuisance law. Here is a link: http://www.lrc.ky.gov/statutes/statute.aspx?id=17829

 

[LdiJ]

When you say that cats always bury their poop, are you referring to litter boxes or gardens, with soft ground? What about rock hard ground, with dirt heavy with clay? Cats also often won't bury their messes if they are marking their territory.

I don't feel it is reasonable that I should have to build a fence around my property to keep out the neighbors' cats.

Cats do not mark their territory with poop. Male cats mark their territory with spray, and females don't mark at all. Yes, even with hard clay cats will do their best to dig a hole and then bury it.

 

[Just Blue]

Cats do not mark their territory with poop. Male cats mark their territory with spray, and females don't mark at all. Yes, even with hard clay cats will do their best to dig a hole and then bury it.

Female cats will "spray" when they are in heat...Kinda "Hey Big Boy! Here I am!! Come up and visit me sometime..."

 

[quincy]

There CAN be a civil action to consider against the neighbor, however, if the neighbor's cats are fouling UK_Cat's lawn and/or damaging his property. Nuisance is one possible claim, as potentially could be trespass (although the latter might be a stretch).

Although it is true that one cannot expect wild animals (including feral cats) to respect property boundaries, the owners of domestic animals are expected to control their pets so their pets do not harm the property of others.

 

[Zigner]

Yes, even with hard clay cats will do their best to dig a hole and then bury it.

I just need to comment on this. On Sunday afternoon, I picked up cat poop from the top of three spots on my lawn...on top of the thick grass. It's simply not a universal that they will bury their poop - it all depends on where they poop. For example, I've seen cats poop on concrete. Obviously, it's not buried.

 

[quincy]

I just need to comment on this. On Sunday afternoon, I picked up cat poop from the top of three spots on my lawn...on top of the thick grass. It's simply not a universal that they will bury their poop - it all depends on where they poop. For example, I've seen cats poop on concrete. Obviously, it's not buried.

We have had cats that have pooped in house plants before, despite litter boxes available for their use - and there has not always been enough dirt to cover the poop.

It really depends on the cat. Some are "tidier" than others.

 

[LdiJ]

We have had cats that have pooped in house plants before, despite litter boxes available for their use - and there has not always been enough dirt to cover the poop.

It really depends on the cat. Some are "tidier" than others.

Ah but you see, a house plant is recognized as a litter box by most cats...LOL...even if there is not quite enough dirt to completely bury the poop. Any one who has had both cats and larger houseplants can relate to that.

I have never seen a cat use someplace where they couldn't at least try to bury it...like concrete.

 

[Zigner]

Ah but you see, a house plant is recognized as a litter box by most cats...LOL...even if there is not quite enough dirt to completely bury the poop. Any one who has had both cats and larger houseplants can relate to that.

I have never seen a cat use someplace where they couldn't at least try to bury it...like concrete.

I've seen them go on the roof's of houses...