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

[adrianis]

The first thing I reccomend you to do is to somehow get proof that someone was in your yard, from animal control. Police will ask u specifically if u have proof. Whos to say yoir neighboor just thought it was someone from animal control, it might have been just a random person tresspassing. With stuff like this, where animal control is involved, they r going to have record of it. Sometimes they will notify u, sometimes not. Get a lock on that door stat. Ask your county animal control about them entering your back yard and get info from your neighbor about what exactly theyy saw. Best of luck

 

[Sonoran Silkies]

The first thing I reccomend you to do is to somehow get proof that someone was in your yard, from animal control. Police will ask u specifically if u have proof. Whos to say yoir neighboor just thought it was someone from animal control, it might have been just a random person tresspassing. With stuff like this, where animal control is involved, they r going to have record of it. Sometimes they will notify u, sometimes not. Get a lock on that door stat. Ask your county animal control about them entering your back yard and get info from your neighbor about what exactly theyy saw. Best of luck

Very good points! That was my first thought--was the person really from animal control, or even was there really a person? Animal control is a county, not a city function, and they typically do not come out unless there is a complaint and an already caged animal (they will not "catch" loose dogs or cats; you have to do that). Now it is possible that a code inspector from the city came out, but typically they would have left notice of their visit, including the reason they were out and any citations or complaints.

I don't know what kind of fence you have, but if it is the typical block walls that are here, what is in the backyard cannot be seen from outside the yard. The guarantee against unwarranted searches does not always apply to yards and other external buildings; especially if not locked or if they are readily visible and accessible without entering the home. Locking the gates will help protect your rights by limiting access.

 

[thecityman]

You've gotten a lot of really well meaning responses here, but unfortunately, many are mistaken. I am a City Manager and therefore familiar with this kind of thing- though ordinances do vary from city to city and state to state. First, lets deal with the idea that teh U.S. Constitution protects you from allowing animal control entering your property without a warrant. THe fact is that, as someone else suggested, animal control often operates under the theory that they are dealing with public health and welfare, and under some circumstances animal control can come into unlocked areas of your property to conduct an investigation in areas that could be accessed by the general public. Though some of you may disagree with this and even call it a violation of your constitutional rights, you'd have to get the courts and eventually supreme court to rule the city's health and welfare ordinances unconstitutional, which is almost certainly a bigger deal than you want to get into over this. SO like it or not, right or wrong, animal control probably do at least feel they are allowed to go examine your animal situation and you probably aren't going to convince them that they can't. WE could all argue forever about the privacy expectations (the basis of where enforcement can and can't look) of an unlocked back yard. Police often walk behind a house if they suspect marijuana is being grown, and those cases usually stand up even if they have no warrant.

I can almost 100% guarantee you that if it was animal control, they were there on a complaint. Of course if you never hear from them, there is always the remote possibility that they were there by mistake or looking for a dog they were chasing or some other reason besides a chicken investigation.

If not, I second others suggestions: just go ask them if they were at your house and if so, why. I completely understand your anger if that is the case, but I strongly suggest you not storm into their office with a head of steam demanding them to tell you the purpose of their visit and telling them they can't do that. Enforcement of animal ordinances are often selective (that is not fair, but it is true) and unless you are ready to hire a lawyer (your cost) and bring suit challenging them, enforcement is also often dependant on their interpretation of the ordinances and state laws (again, not fair, but true). So if they want to come down on you, they probably can...at least making your life hard and costing you a lot in legal fees if you want to challenge. So I suggest you go and just be nice and ask what was going on. Certainy you have a right to speak your mind, but an angry bureaucrat who decides to come after you just because you were hateful to him can often cause more trouble than its worth.

I think I'm given the impression that I'm somehow defending them...I promise I am not. I would feel violated and angry if they came poking around my back yard and it does seem improper. I just wanted to let you know that fighting city hall is not impossible, but it can be frustrating, expensive, time consuming, etc. So its often easier to just get along and not fight until/unless they serve you with a violation notice. Good luck!

Kevin

btw- someone said animal control is a county and not a city function....that is a (albeit honest) mistake. In some counties/cities that is true, but a LOT of city governments have their own CITY animal control dept.

 

[Sonoran Silkies]

You've gotten a lot of really well meaning responses here, but unfortunately, many are mistaken. I am a City Manager and therefore familiar with this kind of thing- though ordinances do vary from city to city and state to state. First, lets deal with the idea that teh U.S. Constitution protects you from allowing animal control entering your property without a warrant. THe fact is that, as someone else suggested, animal control often operates under the theory that they are dealing with public health and welfare, and under some circumstances animal control can come into unlocked areas of your property to conduct an investigation in areas that could be accessed by the general public. Though some of you may disagree with this and even call it a violation of your constitutional rights, you'd have to get the courts and eventually supreme court to rule the city's health and welfare ordinances unconstitutional, which is almost certainly a bigger deal than you want to get into over this. SO like it or not, right or wrong, animal control probably do at least feel they are allowed to go examine your animal situation and you probably aren't going to convince them that they can't. WE could all argue forever about the privacy expectations (the basis of where enforcement can and can't look) of an unlocked back yard. Police often walk behind a house if they suspect marijuana is being grown, and those cases usually stand up even if they have no warrant.

I can almost 100% guarantee you that if it was animal control, they were there on a complaint. Of course if you never hear from them, there is always the remote possibility that they were there by mistake or looking for a dog they were chasing or some other reason besides a chicken investigation.

If not, I second others suggestions: just go ask them if they were at your house and if so, why. I completely understand your anger if that is the case, but I strongly suggest you not storm into their office with a head of steam demanding them to tell you the purpose of their visit and telling them they can't do that. Enforcement of animal ordinances are often selective (that is not fair, but it is true) and unless you are ready to hire a lawyer (your cost) and bring suit challenging them, enforcement is also often dependant on their interpretation of the ordinances and state laws (again, not fair, but true). So if they want to come down on you, they probably can...at least making your life hard and costing you a lot in legal fees if you want to challenge. So I suggest you go and just be nice and ask what was going on. Certainy you have a right to speak your mind, but an angry bureaucrat who decides to come after you just because you were hateful to him can often cause more trouble than its worth.

I think I'm given the impression that I'm somehow defending them...I promise I am not. I would feel violated and angry if they came poking around my back yard and it does seem improper. I just wanted to let you know that fighting city hall is not impossible, but it can be frustrating, expensive, time consuming, etc. So its often easier to just get along and not fight until/unless they serve you with a violation notice. Good luck!

Kevin

btw- someone said animal control is a county and not a city function....that is a (albeit honest) mistake. In some counties/cities that is true, but a LOT of city governments have their own CITY animal control dept.

I stated that it is a county function because I live in the same county as the OP, and know that that is true here. Yes, in other places it is not, but it is here (actually, Animal Control is a county function within the entire state of Arizona per Arizona Revised Statutes). Also, Animal Control in Maricopa County NEVER chases dogs or other animals. If there is a dangerous animal, the police or sheriff's office takes control. They will COLLECT an already contained stray cat or dog, but they will not CATCH it. Again, this is local, not what happens everywhere,

I agree that ones attitude when dealing with officials doing their job can help or hinder.

However, I still maintain that it was likely NOT animal control who entered a rear yard. VIrtually all the lots here are fenced with 6' or taller block walls (the OP has not stated whether that is the case for his/her lot, though), which make legitimate entering without a warrant a bit less clear than on an unfenced lot or one with superficial fencing (short picket or chain link). Last summer an inspector came to check out a green pool report three houses down the street. Very clearly a health issue as West Nile is now fairly common here. He looked over the gate and verified the pool was green, but could not enter the yard without a warrant (he told me this). He came to my door to ask if I knew when they would be home so that he could come back and reasonably ask for permission to treat the pool. FWIW, this is also a county function here.