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To: FreedomCalls
If your cat is under their deck, and they put cups of anti-freeze out under their deck, then they are not liable

i'm sorry ... the law disagrees with you.

From the DA ...

Good morning Mr. (name with held) - I've just read your e-mail sent to me yesterday re: poisoning of cats in your neighborhood. Poisoning cats is cruel, unacceptable, and it is a crime. If animals are being poisoned it must be stopped. I cannot categorically promise anonymity, but I do respect your concern for the safety of your property / family. And we will proceed accordingly. However, we do need your assistance. May I please have a contact number so I can have an officer speak with you.

California Penal Code sections prohibiting cruelty to dogs and certain other animals

Please note that the following code sections are merely some of the California Penal Code sections pertaining to animal cruelty.

Poisoning any animal

596. Every person who, without the consent of the owner, willfully administers poison to any animal, the property of another, or exposes any poisonous substance, with the intent that the same shall be taken or swallowed by any such animal, is guilty of a misdemeanor. However, the provisions of this section shall not apply in the case of a person who exposes poisonous substances upon premises or property owned or controlled by him for the purpose of controlling or destroying predatory animals or livestock-killing dogs and if, prior to or during the placing out of such poisonous substances, he shall have posted upon the property conspicuous signs located at intervals of distance not greater than one-third of a mile apart, and in any case not less than three such signs having words with letters at least one inch high reading "Warning--Poisoned bait placed out on these premises," which signs shall be kept in place until the poisonous substances have been removed. Whenever such signs have been conspicuously located upon the property or premises owned or controlled by him as hereinabove provided, such person shall not be charged with any civil liability to another party in the event that any domestic animal belonging to such party becomes injured or killed by trespassing or partaking of the poisonous substance or substances so placed.

There are NO leash laws in Discovery Bay for dogs or cats. the law is .. if a cat has it's shots and is "fixed" ...it does NOT need to be kept inside

100 posted on 07/19/2006 7:25:49 PM PDT by clamper1797 (CAPITAL LETTERS SUGGEST SOME IMBALANCE IN THE MIND OF THEIR EMPLOYER.)
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To: clamper1797
"However, the provisions of this section shall not apply in the case of a person who exposes poisonous substances upon premises or property owned or controlled by him for the purpose of controlling or destroying predatory animals"

Cats are predatory animals. All they have to do is claim the cats are killing the birds they keep on their property. Or they can claim the anti-freeze is to keep away skunks, racoons, or rats. Maybe the DA disagrees, if so, then it is a case for a jury to decide.

101 posted on 07/19/2006 7:31:32 PM PDT by FreedomCalls (It's the "Statue of Liberty," not the "Statue of Security.")
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To: clamper1797
forgot this part ...

Maliciously neglecting, harming, killing or poisoning an animal can be charged as a felony and may carry a penalty of one year or more in state prison and/or a $20,000 fine.

102 posted on 07/19/2006 7:34:43 PM PDT by clamper1797 (CAPITAL LETTERS SUGGEST SOME IMBALANCE IN THE MIND OF THEIR EMPLOYER.)
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