HomeMy WebLinkAbout07-27-19 Public Comment - P. Riley - Cat Trapping (1 of 3)From:Terry Cunningham
To:Agenda
Subject:FW: Cat Trapping
Date:Saturday, July 27, 2019 7:55:25 AM
Attachments:HOA Cat Trapping.docx
This is one of 3 emails I received from Ms. Riley. I was forward the other two as well.
Terry Cunningham - City Commissioner
City of Bozeman | 121 North Rouse Avenue | P.O. Box 1230 | Bozeman, MT 59771
P: 406.595-3295 | E: Tcunningham@bozeman.net | W: www.bozeman.net
From: Porsche Riley [porsche.ondi@gmail.com]Sent: Friday, July 26, 2019 10:51 PMTo: Terry CunninghamSubject: Cat Trapping
Hi Terry,I have gathered a bunch of information in the document I am attaching about the baiting and
trapping that has been happening in my neighborhood. I am sending it to my HOA, but Ithought the majority of it would be beneficial for you to see as well.
The points I would like to make with you and the other commissioners are these:
Baiting an animal over and over again to a specific location typically requires that animal tobe moved to an entirely different location prior to that animal avoiding the bait. Which equals
us moving. The neighbor is putting tuna in a cage and is trapping cats on her porch.
It is Animal Controls responsibility to enforce Animal Ordinances not residents. We cannothave City residents being encouraged to bait and trap domestic animals based on the safety of
the animal, ethics involved in controlling what animals get turned over to Animal Control vs.those who do not. The quality of the bait, does it have something in it that is unsafe, current
weather, time left without food and water, level of supervision of the animal or trap. Thesecannot be unknowns, if an animal is being trapped it needs to be monitored by an city official.
These specifications have already been set by the City Government for the regulations forAnimal Control, however we do not have that same authority over a woman on her private
property. My cat just slipped out the garage and I followed him to see where he went, and even after all
of these days he went directly to her yard. He smells and remembers the tuna.
People in this neighborhood are not ok with her actions, multiple people believe she hasharmed their animals both dogs and cats. If Animal Control decides baiting and trapping is
needed in a neighborhood it should happen by the hands of the officials, Animal Control, thiswould eliminate her as part of the equation.
Then we would be dealing with animals that are causing trouble not just cats she hates,Animal Control can come and be responsible for the action taken.
To many uncontrolled factors are available when a resident is baiting and trapping local
domestic animals. We live in a very suburban tightly built area, we do not have feral cats hereor wild dogs, the only animal she is trapping belongs to someone in the neighborhood, who
has had that animal slip from the garage door or through an open sliding glass door. We havegreat intentions to contain our animals but having a tame cat or dog from your neighborhood
walk through your property is not a reason to call them a nuisance animal then start a baitingand trapping plan.
I would be curious to see how many tickets for animals on the loose she has been responsibly
for. Do you think that after a while and no one speaks up that this behavior just gets acceptedas ok and becomes part of the routine?
A couple more items before I go. I will forward you the email I sent to Animal Control. I plan
to go before the judge to explain that I do not believe that I can be held accountable for theticket I received, based on the fact that animal control was not the authority responsible for
capturing my animal.
Numerous neighbors have reached out to me to request that they be part of making thischange. They will be working with me as I speak to the HOA and to you as well. What is
happening here is not ok. I just had a couple stop by my house tonight and tell me theyappreciated my efforts and hoped that the info I posted on our neighborhood blog would not
make her hurt my cat. This is a family neighborhood, what is happening? I will be our animal'svoice since they do not have one of their own.
My cat will get out again it is only a matter of time, and now I wonder will he survive the nexttrapping.... time to get things right.
Thanks again for your guidance, I appreciate it. Please reach out to me with any questions or
ideas.Porsche Riley
406-546-85244579 Cascade St
Bozeman MT 59718
Sorry this took so long to gather but I wanted to make sure I was complete and added all of the
info that I have, which just continues to grow daily.
This has been going on for years. Fatima Lucas living at 4431 Cascade St is luring animals into
her yard with food, to bait and trap them. When this happened to my cat, Fatima was using
tuna in a cage that she owns, it was located on her front porch, southern facing.
Once the animal is in her cage, she is then in complete control over what happens next. How
long does the animal stay there, which animals are released, do the animals have access to
water and food, in what types of weather is she detaining animals?
Based on the info I have read in our City of Bozeman Animal Ordinances she does not have the
authority to bait and/ or trap animals. The only people that the City of Bozeman states has this
authority is an Animal Control Officer or a Police Officer.
She is legally responsible for the care of the animals she traps, but on private property we
(neighbors, Animal Control, Bozeman PD, or the HOA) cannot ensure that she is following the
proper procedure. We are putting our animal’s care 100% in the hands of someone that has
lured it intentionally to be there, to trap.
I have included below a link to the ordinances that include Animals in the City of Bozeman.
Please note that it defines the terms very clearly including Animal Control Officer – which is not
a resident. According to this code ->
Animal control officer means all peace officers as that term is defined in state law as well as
all duly appointed animal control officers, animal control supervisors appointed by the city to
carry out and enforce this article, or other officials designated by the chief of police.
Cruelty means any act or omission whereby unjustifiable physical pain, suffering, or death of
an animal is caused or permitted.
I included some examples in this documentation that maintains only Animal Control or a
Police Officer has the authority to enforce these ordinances. Residents can contact Animal
Control to make complaints about animals, but they are not allowed to take the role of
Animal Control based on these Municipal Codes.
There are many reasons for this, but it is basically the items I discussed earlier, the safety of
the animal, if Animal Control sets a trap for an animal it will be short term, until said animal is
caught, not every day and every night. Animal Control will be responsible for maintaining and
ensuring that the animals caught in that trap are cared for as required by City of Bozeman law
and the trap will be handled in a way that is ethical with no bias towards neighbors or specific
animals.
Fatima is not animal control and she has no rights to decide to bait and trap animals onto her
property, then call Animal Control to complain that the animal is on her property unlawfully. I
also am not comfortable having her be responsible for the well being of my animal if she does
trap him.
It is important for you to know that since my cat has been returned to me, as soon as he finds
a way out of our house as 5 adults walk in and out multiple times a day, he heads directly to
the alley and towards her yard. Because the animals who have been baited are going to keep
going back over and over. Several neighbors living around me have said the same thing.
https://library.municode.com/mt/bozeman/codes/code_of_ordinances?nodeId=PTIICOOR_CH8AN_ART
1INGE
This was the first post I entered into our Neighborhood Blog:
HOV picture, we were notified they had him after I emailed them photos and then called them again
Tuesday July 23 late afternoon. Trapped on Sunday July 21
My second post to Neighborhood:
Some replies:
Private Messages:
Previous posts our neighbors shared with us:
People believe she poisoned their dogs based on her direct interactions with them.
Multiple people have reached out to me about her behavior and they want to participate in my efforts
with the HOA and with the City Commissioner.
I will keep in touch with you about the potential Newspaper article on this subject and my day in Court
next week to defend myself against the civil infraction notice for my cat being out of my yard.
Contact me with any questions or concerns. And please let me know when I can talk to the members of
the HOA about changing how we allow our neighbors to treat our animals.
No more baiting and trapping in Valley West.
Thank you.
Porsche Riley
406-546-8524
4579 Cascade St