Sept. 29, 2006) . Giving food to stray cats may seem like a noble gesture at first sight. At the same time, the level of control exercised by feral cat keepers and caretakers is often significantly less than the control exercised by an owner of a domestic housecat. 29D05-0605-SC-1055 (Ind. A: Arnold Ramming, an engineer in the Bakersfield Public Works Department, answered: "At this time, the city does not have plans to construct a grade separation at any of the crossings referred to in the question. See id. Therefore, feral cats do not quite fit within the common understanding of domestic cat ownership. Likewise, an Ohio appellate court has upheld a local ordinance that made it a criminal offense for, among other things, an owner, keeper or harborer of a cat to allow the cat to run at large. Another useful action, especially if theres no way for you to help them directly, is to make a simple phone call. If you are caught feeding coyotes, you could face jail time or a fine of up to $1,000. We sometimes get stuck at the crossing for what seems like forever, and they do not split the train at 15 minutes to allow traffic through as they are supposed to, and one cannot always turn around in traffic. (For further discussion of general issues pertaining to feral cats and feral cat colonies, see Anthony B. Lacroix, Feral Cats , Animal Legal & Hist. Second, the plaintiff argued that the defendant was responsible for the damage caused by the cats because feeding and watering an animal serves as an invitation to stay in the area. You have permission to edit this article. In light of the policy implications associated with defining feral cats as wild animals and thereby subjecting keepers and caretakers to a strict liability regime, a court would be more likely to find that feral cat keepers and caretakers are analogous to owners or keepers of domestic animals. What do we need to keep in mind? When considering rules for managing stray or feral cats, it's best to keep in mind the following: Encourage residents who feed stray and feral cats to have the cats sterilized and vaccinated. In addition to any required spay or neuter deposit, the public or private shelter, at its discretion, may assess a fee, not to exceed the standard adoption fee, for animals adopted or released. Div. Although, as in Virginia, there is no indication that ownership requirements are actively being imposed on feral cat caretakers, the possibility that this might occur under the current law further highlights the importance of cautiously drafting feral cat legislation. If the cat is determined to be docile or a frightened or difficult tame cat, the cat shall be held for the entire required holding period specified in Section 31752. Landowners' rights and responsibili-ties regarding the management of feral cats will continue 32.1302 Food Left Outside for Any Animal During Certain Hours. A statute conferring certain rights and responsibilities was not enough; the court would not find the existence of a general duty unless such a duty was explicitly defined by the law. Feral cats may approach you when they are extremely hungry, but they will only eat the food you've given them once you've walked away. Local laws, on the other hand, vary significantly from town to town, and some of those laws may even go so far as to expose unwitting caretakers to civil or criminal liability. (2) Notwithstanding subdivision (a), this section does not require a cat to be microchipped if the agency, shelter, or group receives a signed form from the owner reclaiming the cat or new owner receiving the cat that states that the cost of microchipping would impose an economic hardship for the owner or new owner. In states that have not addressed feral cats in their laws, to what extent can a caretaker be liable for tort damages caused by feral cats? For purposes of this subdivision, raw fur has the same meaning as defined in Section 4005. As discussed above, there are serious policy concerns that would likely preclude the imposition of strict liability on feral cat keepers or caretakers, making it implausible to define feral cats as wild animals. Q: With all the freeways and bridges going in around town and new homes and businesses going in on the southwest part of town, when is the city going to take care of a growing problem all along the south area of White Lane? Like Connecticut, Delaware, and Maine, Rhode Island states that any individual who permits a cat to habitually be or remain on or be lodged or fed within such persons property or premises qualifies as an owner. (Formerly 31751, added by Stats.1970, c. 1303, p. 1303, 1. Thus, the most rational way to determine ownership of feral cats is to use a modified version of the legal regime for owners of domestic animals, in which courts look at the extent to which a particular keeper or caretaker has exercised control over a feral cat and then imposes limited liability in a way that reflects that level of ownership. Feral. Division 14.5. At least one other state, however, has taken a different approach. Any house cat (Felis domesticus) found within the limits of any fish and game refuge is a nongame mammal, unless it is in the residence of its owner or upon the grounds of the owner adjacent to such residence. Further, cases like Kyles are limited in their usefulness since they do not present a single, bright-line legal rule for determining ownership of feral cats. The main reason is that feeding feral cats can lead to the proliferation of colonies in the city. Ct. App. I suspect that people have been abandoning strays knowing that they would be fed. Penal Code 42.092 , 60 Baylor L. Rev. , No. At the same time, local authorities often argue that the presence of cats attracts other animals that we dont want in urban areas. Code 31750 - 31766; West's Ann. TNR/Community Cat Care Financial Resources, How Rescuers Can Effectively Adopt Out Cats, Debunking the Myths and Misinformation: Cat Predation, Solutions to Prevent Surrendering your cat, Press Release on African Wildcat Campaign, Differences between AWCs and domestic cats, click here to see why feeding bans do not work, http://cfa.org/Portals/0/documents/legislative/cat-leash-laws.pdf, https://idfg.idaho.gov/question/it-legal-kill-feral-cats, http://www.accord3.com/docs/TNR%20Law%20Kortis.pdf, http://www.humanesociety.org/assets/pdfs/pets/feral-cats/nirenburg_hsus_cat_outdoors.pdf. Feral cats stir debate on feeding in public places, bird safety As long as there are uncaring people, there will be feral cats We're not big cat fans in California Calls to Haven. ), 31751.6. The cats also urinated and defecated in the crawl space of the home. This list is not meant to be a comprehensive list of all laws impacting feral/community cats. (b) Any person who provides false information pursuant to this subdivision about his or her ownership of the cat shall be liable to the true owner of the cat in the amount of one thousand dollars ($1,000). (a) Upon relinquishment of a cat to a public or private shelter, the owner of that cat shall present sufficient identification to establish his or her ownership of the cat and shall sign a statement that he or she is the lawful owner of the cat. 4150 . (a)(1) If a recipient fails to comply with the spaying or neutering agreement within 30 business days after the agreement is signed, the recipient shall forfeit the sterilization deposit and is subject to a fine pursuant to Section 31763. (Added by Stats.1998, c. 747 (A.B.1856), 7, operative Jan. 1, 2000. Despite the fact that a feral cat ordinance was the controlling law in the case, the judge still held in favor of the defendant because that ordinance did not specifically create a duty owed by the defendant to the plaintiff. at 96667. (B) Nothing in this paragraph supersedes or otherwise limits the requirements in Section 31751.3 or Sections 31760 to 31762, inclusive, to ensure that a kitten sold, given away, or transferred to a new owner is or will be spayed or neutered. For example, an Indiana trial court recently found that a woman who fed feral cats and participated in a TNR program was not liable for negligently allowing the cats to damage the plaintiffs property. RI ST 4-24-3 . (4) For purposes of subparagraph (B) of paragraph (1), an owner reclaiming a cat or new owner receiving a cat is not required to register the cat's microchip number with a microchip registry company that will use, without the owner's or new owner's consent, the personal information of the owner or new owner for purposes other than to reunite the owner or new owner with the cat. Subject to some limitations, a person typically owns an animal when she has possession over it (for wild animals, ownership is subject to obtaining proper title from the state; for domestic animals, ownership is often subject to the property interest of the animals prior owner). Jan. 1, 2023.). Under Virginia law, local governments may prohibit any person other than a releasing agency that has registered as such annually with local animal control from owning a cat four months old or older within such locality unless such cat is licensed as provided by this article. Va. Code Ann. Another indicator that courts may be unwilling to independently determine the rights and responsibilities of feral cat caretakers is the Indiana Superior Court's decision in Baker v. Middleton , C.A. Neutering of feral cats as an alternative to eradication programs. (2) The entity shall establish the amount of the deposit at the level it determines is necessary to encourage the spaying or neutering of cats. These cats breed, multiply, fight, and spread diseases to one another. The court accepted the plaintiff's claim that the aggressive tendencies of stray and feral cats pose certain risks that domestic housecats do not, especially when they are cornered by human. 3.2-6500 . Ideally, more state and local legislatures should begin to address this complex and convoluted area of law. Winds N at 15 to 25 mph. 2, 2007) (pdf file - 628.01 KB). This type of sliding scale would enable courts to hold feral cat keepers and caretakers responsible when their actions reflect a relatively high degree of ownership. Control agencies, shelters, or rescue groups; spaying or neutering requirements, 31751.4. (5) The adopter or purchaser shall obtain written proof of spaying or neutering from the veterinarian performing the operation. Community cat spay/neuter surgeries are performed Tuesday-Friday by appointment. (a) This chapter only applies to a county that has a population of less than 100,000 persons as of January 1, 2000, and to cities within that county. This case illustrates the careful balancing act involved in crafting a feral cat statute or ordinance. 3907 . Many state and local governments have not directly addressed the issues of ownership and responsibility related to feral cats. At the same time, an overly burdensome notice requirement could easily become a strong disincentive to individuals who may have otherwise considered becoming feral cat caretakers. (b)(1) Notwithstanding subdivision (a), this section does not require a cat to be microchipped if a licensed veterinarian certifies in writing that the cat is medically unfit for the microchipping procedure because the cat has a physical condition that would be substantially aggravated by the procedure. This interpretation of the law may be further supported, however, by the fact that state and local governments found it necessary to enact feral cat legislation in the first place. Feb. 16, 2007) . Penal Code 42.092 , 60 Baylor L. Rev. (3) A followup program to ensure that dogs and cats transferred by the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group are spayed or neutered in accordance with the agreement executed under subdivision (d) of Section 31760. Commission does not consider feral cats to be a wild mam-mal or wildlife species as defined in Chapter 37 of the Nebraska statutes (37-246, 37-247). Even in jurisdictions that have statutes or ordinances pertaining to feral cats, it is difficult to know how those laws will be interpreted by a court. Therefore, a notice requirement like that suggested by the Baker court would have to be drafted carefully to avoid creating a significant burden on potential feral cat caretakers. (2) For the purposes of this section, a "rescue group" is a for-profit or not-for-profit entity, or a collaboration of individuals with at least one of its purposes being the sale or placement of cats that have been removed from a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, or humane shelter or that have been previously owned by any person other than the original breeder of that cat. 29D05-0605-SC-1055 (Ind. (d) If an adopted cat dies within the spaying or neutering period provided for in the written agreement pursuant to Section 31760, subdivision (c) shall not apply to the cat. (d) During the holding period required by this section and before the adoption or euthanasia of a cat impounded pursuant to this division, a public or private shelter shall scan the cat for a microchip that identifies the owner of that cat and shall make reasonable efforts to contact the owner and notify the owner that the cat is impounded and is available for redemption. Zaunbrecher, K.I. (3) If the owner, at any time subsequent to 30 business days after the spaying or neutering agreement was signed, provides proof of spaying or neutering, the deposit shall be forfeited, but any fine levied but not yet paid, shall be waived. (3) Some people care for or own feral cats. "However, if we receive a complaint and it's within a city park, we will either address it or refer it to the department (code enforcement) that would.". (4) The cat shall be spayed or neutered within 14 business days of that certification. Giving them a permanent home reduces the number of cats on the streets and this has a positive effect on all the areas we already mentioned. And as their numbers grow, they become impossible to nourish, which can lead them to starve Especially when well-intending neighbors become overwhelmed by the crowd and stop setting out food. See id. Id. (c)(1) An agency, shelter, or group that violates this section on or after January 1, 2022, is subject to a civil penalty of one hundred dollars ($100). Chapter 3. To ameliorate this problem, several states have enacted laws that modify this common law view of ownership and enable local governments to impose specific requirements on keepers and caretakers of feral cats. Why is feeding stray cats a bad idea? The court went on to reject two alternative theories of negligence proffered by the plaintiff. This may reflect the legislatures intent to solve the problem of discouraging good Samaritans. (2) A kitten under eight weeks of age that is reasonably believed to be unowned and is impounded in a public or private shelter may, before the euthanasia of that animal, be made immediately available for release to a nonprofit, as defined in Section 501(c)(3) of the Internal Revenue Code, animal rescue or adoption organization if requested by the organization. St. 37-246 (2008). 22-339d . In states and local jurisdictions where caretakers or keepers of feral cats are considered owners, it is quite possible that a feral cat caretaker could be subject to tort liability for trespass and nuisance claims. Ct. App. Jan. 1, 2020.). The statute explicitly includes feral cats in its definition of companion animal. Va. Code Ann. Fiori v. Conway Org. Jeremy Masten, Note, Dont Feed the Animals: Quesos Law and How the Texas Legislature Abandoned Stray Animals, a Comment on H.B.2328 and the New Tex. What, then, is the answer to the question of whether feral cat keepers and caretakers are the animals' owners? Ensuring animals are sterilized prior to entering the community ensures that they will not contribute to the existing dog and cat population. Is she subject to other ownership requirements, such as ordinances requiring registration or sterilization? (d) Any funds from unclaimed deposits made pursuant to this section, as it read on January 1, 1999, and any funds from deposits unclaimed after January 1, 2000, may be expended only for programs to spay or neuter cats and dogs, including agreements with a society for the prevention of cruelty to animals or a humane society or licensed veterinarian, to operate a program to spay or neuter cats and dogs. Its true that there are many individuals and organizations that are willing to help these defenseless animals. The court further noted that the county ordinance appears to contemplate and accept the possibility that feral cats, once altered, will be returned to the colonies from which they were captured. Generally, the state laws that do address these issues do not create substantive guidelines. (b) Except as otherwise provided in this chapter, no public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group shall sell or give away any cat that has not been spayed or neutered. 6.1.803 Obstructing officers unlawful. The public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group shall not be registered with a microchip registry company as the primary owner of the cat. 6.1.703 Removal of animal from City. Nongame mammal defined; possession and taking; trapping for recreation or commerce; sale of raw fur. Will the kindhearted bystander wonder whether feeding the cat will cause her to become the cats legal owner? Plum officials have enacted a new law in order to discourage residents from taking care of feral cats. In that case, the recipient may receive a reimbursement of the sterilization deposit by submitting to the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group within the sterilization period a signed letter from a veterinarian licensed to practice medicine in this state stating that the animal has died. See id. Many people, even with the best of intentions, give cats food that isnt suitable for them. Chapter 2. (a)(1) A person who commits any violation of subdivision (b) is subject to a civil penalty of not less than fifty dollars ($50) on a first violation of subdivision (b), and a civil penalty of not less than one hundred dollars ($100) on any second or subsequent violation of subdivision (b). (a)(1) Except as provided in subdivision (b), a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group shall not release a cat to an owner seeking to reclaim it, or adopt out, sell, or give away a cat to a new owner, unless either of the following conditions is met: (A) The cat is microchipped with current information on the owner reclaiming the cat or new owner receiving the cat, as applicable, and the owner or new owner is registered with the microchip registry company as the primary owner of the cat. Is it legal to feed feral cats in California? Holding of other impounded animals, 31754 . Repealed by Stats.1999, c. 81 (A.B.1482), 1, operative July 1, 2000. This includes anyone that is abandoning animals at any location in the county. ), 31751.3. In that sense, they are unlikely to pose a serious threat to humans, and any risk that they do pose is likely to be understood by the general public. , Exotic Mammal, Ind. Debunking the Myths and Misinformation: Cat Predation Why Eradication Methods Fail Handbook Download Cat Health & Supplies Health Care for Your Cat > Vaccines Wellness Vet Checkups Microchiping Nail Trimmings Id. Jan. 1, 2020. CA - Circus - 25989.1. The court noted that there was evidence presented to the trial court that the defendants had caused a large number of cats to be attracted to the area and frequent Plaintiffs backyard, thereby interfering with the plaintiffs use and enjoyment of their property. An estimated 10-12% of the American public feed community cats. . Id. The statute further defines an animals owner as anyone who (i) has a right of property in an animal; (ii) keeps or harbors an animal; (iii) has an animal in his care; or (iv) acts as a custodian of an animal. Id. (B) Forfeited to the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group if proof of spaying or neutering is not presented to the animal shelter within 30 business days. 3 Del. Providing resources to facilitate these efforts, including educational materials and funding, will help ensure their success. The family brought suit against the apartment complex, the city, the county, and the garbage disposal company servicing the apartment complex, alleging, among other things, that attracting the cats constituted a nuisance. This would expose keepers and caretakers to liability for the actions of feral cats, but it is plausible that a court would limit the liability of those keepers and caretakers to reflect the more limited degree of control that they exercise over the cats. Chapter 2. Id. Baker v. Middleton , C.A. (2) Provides to a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group or a licensed veterinarian inaccurate information regarding ownership of any cat required to be submitted for spaying or neutering under this chapter. Please log in, or sign up for a new account and purchase a subscription to continue reading. Further, it is a misdemeanor for a cat owner to fail to pay any license tax required by this chapter before February 1 for the year in which it is due. Va. Code Ann. 6.1.702 Enforcement action. That way, you can avoid possible fines or other penalties. It is possible, then, that individuals who care for feral cats in these jurisdictions would not be required to comply with any of the requirements imposed on animal owners, nor would they be liable for any damages caused by the animals behavior. (c) Notwithstanding Section 31752, if an apparently feral cat has not been reclaimed by its owner or caretaker within the first three days of the required holding period, animal shelter personnel qualified to verify the temperament of the animal shall verify whether it is feral or tame by using a standardized protocol. The court further suggested that counties might resolve this problem by modifying their feral cat ordinances to require feral cat caretakers to notify neighbors of the colony's existence, the potential for damage from such a colony, and appropriate preventative measures that could be taken. Id. Second, the plaintiff argued that the defendant was responsible for the damage caused by the cats because feeding and watering an animal serves as an invitation to stay in the area. Special Provisions Applicable to Counties with a Population of Less Than 100,000 Persons. First, the article discusses issues related to ownership of and responsibility for feral cats, analyzing the treatment of ownership and responsibility under both feral cat statutes and common law. The court went on to reject two alternative theories of negligence proffered by the plaintiff. Unless the cat has vicious tendencies that are known to the owner, a court is likely to find a duty only if the damages caused by the cat were reasonably foreseeable. "Based on the city's experience in submitting applications for other grade separation projects, an application for a grade separation on any of the streets crossing the railroad in southwest Bakersfield would rank low on the state's list. Rather than feeding feral cats, its better to just adopt them directly. These important distinctions would explain why some states have specifically excluded feral cats from their statutory definitions of exotic or wild animals. Spayed or neutered cats; reduction in fee. Under the Texas Animal Health and Safety Code, "custody" includes responsibility for the health, safety, and . The problem is the train crossings, the only place you can cross when a train is blocking the tracks is Highway 99. Rather, they typically authorize local governments to enact their own ordinances. These statutes comprise California consolidated cat laws. Submit questions to asktbc@bakersfield.com or to The Bakersfield Californian, c/o Christine Bedell, P.O. Receiving a fine for giving food to feral cats or any other animals isnt common, but it can happen. Virginias comprehensive animal statute is a clear illustration of how a caretaker might be exposed to criminal liability for failure to comply with registration and spay/neuter requirements. Relying on testimony from the director of Indy Feral, a local organization that works with feral cat colonies, the court found that feral cats will stay with their colonies in a specific location regardless of whether they are fed and watered. They can't replace the diagnosis, advice, or treatment from a professional. Only thirteen states and the District of Columbia have enacted statutes that mention feral cats, and none of those statutes directly address liability. The cat allegedly scratched the paint on the neighbor's truck, but because this kind of property damage was not reasonably foreseeable, the court held that the owner was not liable for any damages that her cat may have caused. Further, the court stated that the plaintiffs claim of severe emotional distress that arises out of the alleged nuisance of having to deal with a large number of cats on their property . The deposit shall be temporary, and shall be retained only until the cat is healthy enough to be spayed or neutered as certified by a veterinarian licensed to practice veterinary medicine in this state. With some exceptions, cats are required to be held for six days, pending retrieval by their owners or adoption by the . I have been told that notched ears means the felines have been spayed or neutered. 510 I.L.C.S. (c) All penalties collected under this section shall be retained by the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group imposing the penalties, to be used solely for purposes provided for under subdivision (c) of Section 31761. 2, 2007) (pdf file - 628.01 KB). The same level penalty can apply, or the penalties may increase upon a second or third violation. Amended by Stats.2000, c. 57 (A.B.1786), 2, operative July 1, 2001; Stats.2000, c. 567 (A.B.2754), 7.5, operative July 1, 2002.). Second, the article addresses the question of whether feral cat keepers or caretakers can be held civilly liable for the actions of feral cats. (2) If the agency, shelter, or group does not have microchipping capability on location, the agency, shelter, or group shall make a good faith effort to maintain a list of local and regional free or discounted regional microchipping services and provide that information to the owner or new owner. (a)(1) Except as otherwise provided in subdivision (b), no public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group shall sell or give away to a new owner any cat that has not been spayed or neutered. Id. In short, we are in bad need of a couple of bridges over here, folks. Here are some of the most common sections of local laws that commonly affect cats. The key question in either case is whether the owner has a duty to control the cat's behavior. The Tennessee Court of Appeals recently held that a cat's owner did not owe a duty to prevent her cat from trespassing on her neighbor's property. Anyone who abandons animals at any location in the county is included. Whenever a county, or a city that is within a county to which this chapter applies, requires cat license tags, the tag shall be issued for one-half or less of the fee required for a cat, if a certificate is presented from a licensed veterinarian that the cat has been spayed or neutered. See David Favre & Murray Loring, Animal Law 7 (1983); see also Eyrich v. Earl , 495 A.2d 1375, 1377 (N.J.Super. 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The issues of ownership and responsibility related to feral cats as an alternative to eradication programs, local authorities argue... Neutered within 14 business days of that certification or neutering requirements, 31751.4 a feral cat keepers and caretakers the... Or third violation, will help ensure their success same meaning as defined in 4005. Feeding feral cats from their statutory definitions of exotic or wild animals of companion animal want urban. Help these defenseless animals order to discourage residents from taking care of feral cats, its better to just them... Be fed the presence of cats attracts other animals that we dont want in urban areas of statutes... Or rescue groups ; spaying or neutering requirements, such as ordinances registration! The feeding feral cats laws california of cats attracts other animals isnt common, but it can.. Knowing that they would be fed 2, 2007 ) ( 2005 ) want. Own ordinances authorities often argue that the presence of cats attracts other isnt., cats are required to be a comprehensive list of all laws impacting feral/community.! Organizations that are willing to help them directly mammal defined ; possession and taking trapping! Counties with a population of Less Than 100,000 Persons questions to asktbc @ bakersfield.com to! Companion animal in order to discourage residents from taking care of feral cats do not substantive... Organizations that are willing to help them directly for a new account and a! Balancing act feeding feral cats laws california in crafting a feral cat keepers and caretakers are animals. To other ownership requirements, such as ordinances requiring registration or sterilization entering the community ensures that they would fed... Continue reading suspect that people have been told that notched ears means felines! Shall be spayed or neutered notched ears means the felines have been spayed or neutered within business... That way, you could face jail time or a fine for giving food to stray cats may like... ) the cat shall be spayed or neutered isnt suitable for them legislatures intent to solve problem... At the same time, local authorities often argue that the presence of cats other! Jail time or a fine for giving food to stray cats may seem like a noble gesture at first.., the only place you can cross when a train is blocking the tracks is Highway 99 you! ; sale of raw fur has the same meaning as defined in Section 4005 exceptions, are. There are many individuals and organizations that are willing to help these animals! Feeding the cat will cause her to become the cats legal owner short, are! They typically authorize local governments have not directly addressed the issues of ownership and responsibility to! Local laws that commonly affect cats registration or sterilization that notched ears means the felines have been that.
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