Is threatening to poison/kill your neighbors' pets considered illegal in California?

Question

We received a threatening letter from a neighbor earlier specifically indicating that he planned to call animal control on the pets in our neighborhood (understandable, considering the irresponsible owners out there), but also would lay out poison to kill the animals that continued to go near his lawn. As a concerned pet owner, I just want to know if there's a way to take legal action against him, or if it's simply something we need to work out on our own.

Answer 1

Have you called animal control , filed a report and given them a copy of the letter? Have you called the police and filed a report? I would suggest you do both so in case he does follow through on his threats there is proof and he can be prosecuted.

Answer 2

It's illegal. Why haven't you called the police with a noise complaint? It has to be filed AS a noise complaint. Ask if you need to come down to the station to swear out a complaint if that's how they require it, then do it. First ticket is $150, second is $150, the third jumps up to $175. You call every night about it, tell the police how long the dogs are barking, that they're STILL barking and you give them the address of the owner. If the dogs are barking when the police get there, the owner gets a ticket. You can also tape record the barking and take that to the station. If you have a homeowners association you call them too about it. They have the ability to write tickets to the owner. If you're in a city, contact your alderman as well. If you're in a smaller community you contact the mayor. If you're unincorporated you go to the village council meeting and complain. If they ignore you ( they won't) then you go to the media.

Answer 3

In California pets are considered personal property. I'm not aware of any law against threatening to damage personal property. On the other hand, if he actually takes action it could be a different issue. Keep in mind that animal owners have a legal obligation to control their animals, so if puts out a potentially harmful substance in his yard, it may be tough to prosecute him since the animals shouldn't be allowed to go on his property. It would be different if he threw poisoned meat over your fence an into your yard.

Answer 4

Yes,
For starters take that letter to police station
unless that person can prove you are irresponsible pet owner
which I doubt, that person can be charged for threatening lives
also give a copy of this to animal control. If the animal control knows you as kind hearted they will be on your side. I wouldn't take this abuse, also talk to a lawyer in the event you do get in trouble. In other words have this nut charged and see what your options are.

Answer 5

You should probably copy the letter, and present it to your local police (get a receipt to prove you gave it to them), along with a letter expressing your concern. On the other hand, you also might look up your local "attractive nuisance" laws. If your neighbor is putting out poison in his own yard, it would seem likely that this also endangers young children, which your local law might respond to quicker. A responding letter, certified, copied to the police, indicating that you are regarding this as a threat might also get an effective positive response.

Answer 6

Here is the answer. California Penal Code Section 596
Every person who, without the consent of the owner, wilfully
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.

Answer 7

He can be charged!

I am very curious if this genius signed the letter. Since anyone could print one on the ole computer it would likely not carry much wieght if he denied an unsigned document or did not have the means to produce anything beyond a hand written document.

Call, don't go to the PD. They will send a uniformed officer to take the report.

Answer 8

I would imagine it's illegal anywhere....
it's highly dangerous to lay out poison.. not only to pets, a child could get hold of it. Report him to animal protection.

Answer 9

There should be a way to take legal action. Waht he did and said was completley wrong, that is not how you resolve situations. Tell him that threats are not appreciated and next time if he does that you will take it up with the law. Good luck with stupid lawn person!

Answer 10

Take the letter to the police and file a complaint. Of course it's illegal!!!