Arizona Laws...Pet Control went into our backyard without our consent!

[LCARTER87]

We have 11 chickens, 4 bantams and the rest are full size, no roosters, both of our neighbors are fine with us having chickens, they even save us egg cartens. Today we are doing some normal upkeep when one of our neighbors tells us that the pet control came into our backyard one day this week without our consent! We havent recieved any letters, not one neighbor has complained, and from my understanding as long as we are using our chickens for food -which we are from their eggs- and our neighbors are fine with them we can have as many chickens as we want. We also do not live in an HOA!

I am so ANGRY about the fact that this has happened without us knowing. We are installing a lock on our back gate this afternoon and putting up a no trespassing sign on our backgate.

Is this even legal?? No one has contact us, no letters have been sent, we havent receieved any complaints. We only have ONE neighbor we dont speak to that lives across the street, our coop is the correct amount away from the house and we keep everything clean! My boyfriend and I have been discussing calling someone, but who do we call? Do we just wait for a letter? Our neighbor is a police officer who is also okay with us having the chickens, their kids even come play with them. I just dont see how this is legal! I'm very upset, what if one of our chickens had gotten out? What if they actually took one of our birds??

 

[Judy]

I don't see how they could do this legally without a warrant. You could go there and ask to see it, or find out who is over them, or call your attorney; any number of things. I would definitely not ignore it.

 

[bnjrob]

You would have to check your city/state statutes on that one.

My guess would be that they have a loophole that allows them to go anywhere under the guise of animal/people welfare and safety.

I'd contact animal control and ask what is going on. I'd tell them that I heard they were in my yard and I want to know what they were doing - I wouldn't want to sit and wait to see if they are up to something nefarious. Cuz my guess is that they got a tip from someone, and you need to know who that "enemy" might be - before it's too late.

 

[OldGuy43]

City and state statutes do not override The Constitution of the United States:




U.S. Constitution: Fourth Amendment

Search and Seizure ​

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

 

[bnjrob]

City and state statutes do not override The Constitution of the United States:




U.S. Constitution: Fourth Amendment

Search and Seizure ​

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

In theory, I totally agree with you. Unfortunately reality is different and slowly but surely the Constitution is being eroded, rewritten, and interpreted differently - and it doesn't look good for We the People.

 

[cassie]

You might go have a chat with the City Attorney if there is one. When I was taking paralegal studies, one of my instructors was a city attorney. He was as much an advocate for the public as he was for the city officials. Barring that, I would find out exactly who entered your property and go to the agency involved and ask them to show you in black and white what gave them the right to go there. A lot of time governmental employees have a wildly exaggerated sense of their own importance and the extent of their authority. They get away with it as long as no one calls them on it.

 

[OldGuy43]

You might go have a chat with the City Attorney if there is one. When I was taking paralegal studies, one of my instructors was a city attorney. He was as much an advocate for the public as he was for the city officials. Barring that, I would find out exactly who entered your property and go to the agency involved and ask them to show you in black and white what gave them the right to go there. A lot of time governmental employees have a wildly exaggerated sense of their own importance and the extent of their authority. They get away with it as long as no one calls them on it.

You got that right Cassie!

 

[cafarmgirl]

You might go have a chat with the City Attorney if there is one. When I was taking paralegal studies, one of my instructors was a city attorney. He was as much an advocate for the public as he was for the city officials. Barring that, I would find out exactly who entered your property and go to the agency involved and ask them to show you in black and white what gave them the right to go there. A lot of time governmental employees have a wildly exaggerated sense of their own importance and the extent of their authority. They get away with it as long as no one calls them on it.

Agree 100%. I would show up in person at animal control and have a good chat with whoever is the highest up the food chain about this.

 

[jeepguy982001]

i agree go have a chat with someone. They shouldn't be allowed to but probably were. My guess is someone doesn't like your chickens and called in saying the weren't being cared for or something. Then they came to do a welfare check on your animals. I had a lady up the road who didn't like me awhile back. Probably cause i got tired of picking up my trash everyday and followed her dog back to her house and told her how i felt. We don't have leash laws or anything. Anyway magically over the next few months i had several run in's with animal control on "anonymous" complaints for mistreatment of my dogs. Even though all there shots are up to date and stay inside a 1/2 acre fenced in yard and are babied too death. So good look anyway figuring out what is what.

 

[LCARTER87]

I am thinking it might be someone across the street, We are good friends and very friendly (even to the point of giving eggs away regularly) with everyone else around us but we never see the people across the street except for their older son who we are pretty sure just got out of jail. We are thinking going to speak with someone may be in order, I dont agree with someone coming into our backyard without asking or even notifying us first. We are lucky enough to have neighbors who are home all the time and dont mind peeking around at what everyone is doing if we aren't home.