You need to check your state laws on legality. Just call a local shelter and talk to the manager. They should be able to tell you local laws.
I'm curious...instead of sleeping on the couch, why didn't you just get a cheap, large, crate from craigslist and put the cats in there at night so they couldn't poop on your furniture?
Seger vom Sitz von der Hose
Forever loved and missed.....Banshee
~The strength of one's opinion should not exceed their knowledge on the matter~