Only thirteen states and the District of Columbia have enacted statutes that mention feral cats, and none of those statutes directly address liability. Rather, the cases look closely at evidence of ownership to determine whether the keeper or caretaker should be subject to liability. 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. ), 31752.5. Ct. App. According to different laws and regulations around the country,feeding stray cats is a problem for neighbors. Similarly, some states classify feral cat caretakers as owners and further require owners to spay and neuter their pets or immunize them against rabies. . Please log in, or sign up for a new account and purchase a subscription to continue reading. The first problem is the question of whether feral cats are wild or domestic animals. Jan. 1, 2020. What, then, is the answer to the question of whether feral cat keepers and caretakers are the animals' owners? Will the kindhearted bystander wonder whether feeding the cat will cause her to become the cats legal owner? Ask The Californian: Is it illegal to feed feral cats? The answer to this question is likely to depend on the degree of control that the individual exercises over the cats. (e) As used in this division, a business day includes any day that a public or private shelter is open to the public for at least four hours, excluding state holidays. Chapter 1. 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. I.e., if someone abuses a colony of cats, each cat harmed counts as a separate offense. (c) A public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group may not transfer to a new owner a cat that has not been spayed or neutered, except as provided in subdivision (d). 6.1.703 Removal of animal from City. (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. This ordinance clearly outlined the rights and duties of feral cat caretakers, giving the judge a legal basis for deciding whether the defendant was liable for damage to the plaintiff's property. Finally, the statute permits local municipalities to enact separate ordinances prohibiting cat ownersincluding feral cat keepersfrom substantially damag[ing] property or caus[ing] an unsanitary, dangerous or unreasonably offensive condition. Id. Community cat spay/neuter surgeries are performed Tuesday-Friday by appointment. The court rejected this argument because, as a factual matter, the record showed that a local organization returned the cats to the neighborhoodnot the defendant. 6.1.803 Obstructing officers unlawful. Many individuals are feeding the cats in two locations. In Fiori , a customer sued a store owner after the customer was attacked by a cat that had taken up residence in the store and was being fed by store employees. It seems to me that Gosford and at least one of the other roads in between Highway 99 could have a bridge to cut down on backed-up traffic. Id. In general, though, these state laws are strictly definitional. Many local laws are punitive. (3) Some people care for or own feral cats. Fiori v. Conway Org. "Such a project would cost on the order of $20 million. (B) If the agency, shelter, or group does not have microchipping capability on location, the agency, shelter, or group first obtains from the owner reclaiming the cat or new owner receiving the cat an agreement that requires the owner or new owner to present to the agency, shelter, or group, within the next 30 days, proof that the cat is microchipped as described in subparagraph (A). Under Virginia law, local governments may . There should be no fell cats if cat domestication had been carried out properly by humankind. However,its important to understand the diverse legal aspects before doing so. Thus, because the defendant was participating in a TNR program, the county ordinance could not serve as a basis for finding that the defendant was negligent in caring for the feral cats. Generally, legislatures pass laws to correct perceived deficiencies in existing law, particularly when there is no indication that the new legislation is intended to codify the current common law rule. Unfortunately, the answers to these questions are unclear and depend heavily on the local law. Among the provisions include possession requirements for non-domestic cats, vaccination and impound procedures for domestic cats, and legislative policy statements about feral cats. 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. . Anyone who abandons animals at any location in the county is included. 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. This article addresses three primary legal questions. Nongame Mammals. Could they be exposed to criminal liability for abandonment, neglect, or failure to comply with registration or spay/neuter requirements? Sorry, there are no recent results for popular videos. (2) A deposit that is both of the following: (A) Refundable to the recipient if proof of spaying or neutering of the cat is presented to the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group not more than 30 business days after the date the cat is spayed or neutered. (Added by Stats.2019, c. 205 (S.B.245), 4, eff. In addition to providing daily meals and fresh water, these cat caregivers may provide dedicated shelter to protect the cats in inclement weather and provide medical care if the cats become sick or are injured. (c) This section shall remain in effect only until July 1, 2024, and as of that date is repealed. Low 34F. You can certainly TRY a local feline rescue service, Code Enforcement, or even animal control of course, but feral cats are no picnic to catch. This site is not a law firm and cannot offer legal advice. At least one other state, however, has taken a different approach. Nonspayed or unneutered cats; fines. After registering with the municipality, the feral cat keeper must vaccinate and sterilize the cats in her care. (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. The city of Gilbert passed an ordinance in 2018 banning residents from feeding feral cats. Jan. 1, 2020; Stats.2022, c. 469 (S.B.856), 17, eff. (3) Submits to a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group false information regarding sterilization fees or fee schedules. Feeding ban laws and ordinances are an ineffective and cruel approach to feral cats. 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. (d) A public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group may transfer to a new owner a cat that has not been spayed or neutered only if the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group does both of the following: (1) Requires a written agreement, executed by the recipient, acknowledging the cat is not spayed or neutered and the recipient agrees in writing to be responsible for ensuring the cat will be spayed or neutered within 30 business days after the agreement is signed. 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. Feeding strays isnt just an issue about the health and comfort of the citizens of a community. Whenever a city or county requires cat license tags, any such 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. 31760. 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.). Feral cats per se are an admission of society's failure in the process of domesticating cats. (2) If the public or private shelter has fewer than three full-time employees or is not open during all regular weekday business hours, and if it has established a procedure to enable owners to reclaim their cats by appointment at a mutually agreeable time when the public or private shelter would otherwise be closed, the holding period shall be four business days, not including the day of impoundment. Drop off is between 9-9:30am Tuesday-Friday only. M2005-00414-COA-R3-CV, 2006 WL 2805141, at *6 (Tenn. Ct. App. (b) A person is subject to the civil penalties pursuant to subdivision (a) if that person does any of the following: (1) Falsifies any proof of spaying or neutering submitted for the purpose of compliance with this chapter. Amended by Stats.1977, c. 1208, p. 4083, 10; Stats.2015, c. 154 (A.B.1527), 72, eff. Zoning regulations, in addition to pet limit restrictions, may also impact community cat efforts if ownership is defined in a way that applies to caretakers of community cats. The problem, however, is that people do not generally possess a feral cat in the same way that they would possess a dairy cow, a housecat, or a parrot. "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.". (b)(1) Except as provided in Sections 17006 and 31752.5 and paragraph (2), stray cats shall be held for owner redemption during the first three days of the holding period, not including the day of impoundment, and shall be available for owner redemption or adoption for the remainder of the holding period. When to Separate a Kitten from Its Mother, Invasive Rats and Their Influence on Reef Fish, The Giant Golden-Crowned Flying Fox, the World's Largest Pollinator, One way to help cats or any other stray animals is to. Thank you for reading! Chapter 2. ; Smith, R.E. Code 14-8-2-87 (2009. This may reflect the legislatures intent to solve the problem of discouraging good Samaritans. "The application includes ranking the existing at-grade crossing on a formula that considers several aspects of the existing crossing. Super. Don't try to handle a feral cat. Neutering of feral cats as an alternative to eradication programs. (a)The Legislature finds and declares the following: (1) Domestic cats' temperaments range from completely docile indoor pets to completely unsocialized outdoor cats that avoid all contact with humans. The trial court granted summary judgment for the defendants, but the appellate court rejected the trial courts analysis of the plaintiffs nuisance claim. 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. ), 31754. Mammals. (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. At common law, the answer to this question is unclear. Of the judicial opinions written, most of them involve interpretations of feral cat ordinanceslike the one at issue in Baker further complicating the question of what happens when no such law exists. (Added by Stats.1998, c. 752 (S.B.1785), 15. There is no county law prohibiting the feeding of wild animals. Notice to animal control services agency of performances to be conducted Ann. That wouldn't really do any good because all of the crossings would be blocked. Repealed by Stats.1985, c. 1290, 2, 31751.3 . (c) If a veterinarian licensed to practice veterinary medicine in this state certifies that a cat is too sick or injured to be spayed or neutered, or that it would otherwise be detrimental to the health of the cat to be spayed or neutered, the adopter or purchaser shall pay the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group a deposit of not less than forty dollars ($40), and not more than seventy-five dollars ($75). Enforcement 6.1.801 Entry on premises to seize and impound animals. The best way to avoid a fine for feeding stray cats and other animals is tostay informed about the laws and ordinances of your local community. Mammals. Determining when a feral cat caretaker may be criminally liable is a complex issue that has not been extensively addressed. For example, by defining keepers as owners and authorizing municipal permitting requirements for feral cat caretakers, a state like Rhode Island is able to address issues related to feral cats without imposing substantive requirements on the entire state. (b)(1) If a veterinarian licensed to practice veterinary medicine in this state certifies that a cat is too sick or injured to be spayed or neutered, or that it would otherwise be detrimental to the health of the cat to be spayed or neutered, the adopter or purchaser shall pay the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group a deposit of not less than forty dollars ($40), and not more than seventy-five dollars ($75). Jan. 1, 2020.). Nonspayed or unneutered cats; fines, 31752 . Pickup is the same day beginning at 3:30-4:00p.m. ), 31751.7. Holding period; owner redemption, 31755. There are many other things you can do to contribute to the well-being of stray animals and your community in general. In Baker , the defendant fed and watered four cats that lived in the neighborhood. to what extent can a caretaker be liable for tort damages caused by feral cats? They typically do not care where the feral cat spends most of its time, they rarely try to confine it, and their interaction is generally limited to providing the animal with food and water. These cats breed, multiply, fight, and spread diseases to one another. Journal of Applied Animal Welfare Science 2002, 5, 15-28. (2)(A) Notwithstanding paragraph (1), a kitten under eight weeks of age that is reasonably believed to be unowned may be available immediately for adoption beginning on the day on which the kitten is seized, taken up, or impounded, through the entire holding period. (3) An agency, shelter, or group that does not have microchipping capability on location is not subject to the civil penalty described in this subdivision upon obtaining the agreement described in subparagraph (B) of paragraph (1) of subdivision (a). As discussed below, this diminished level of control makes it difficult to determine how feral cat ownership should be determined in common law jurisdictions. 2005) . Will she attempt to prevent the cat from trespassing on her neighbors property or bringing other cats to the neighborhood? 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. By identifying particular, positive programssuch as TNR programsand explicitly exempting participants from the definition of owner, Illinois attempts to ensure that (1) fear of potential liability does not create a disincentive to participate in such a program, and (2) other individuals who might qualify as caretakers or keepers are held responsible for the actions. (a) The owner of a nonspayed or unneutered cat that is impounded once by a city or county animal control agency or shelter, society for the prevention of cruelty to animals, or humane society, shall be fined thirty-five dollars ($35) on the first occurrence, fifty dollars ($50) on the second occurrence, and one hundred dollars ($100) for the third or subsequent occurrence. That way, youll know just what the limits are when its time to act. (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. 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. If she moves to a new neighborhood, might she be held criminally liable for abandoning the cat she once cared for? So while feral cats are part of a domesticated species, it is possible that a court might find that specific feral cats qualify as wild animals, which would subject their owners and keepers to different requirements than owners and keepers of domestic cats. . It is certainly plausible, then, that a feral cat caretaker in Virginia could be required to comply with the same requirements imposed on owners of domestic cats. Birds and Mammals. If a cat has a preexisting microchip or there is reasonable proof of ownership, the agency, shelter, or group shall document and retain a record of all efforts made to contact the microchip's primary registrant or other demonstrated owner for at least two years. Renumbered 31751.3 and amended by Stats.1998, c. 747 (A.B.1856), 6, operative Jan. 1, 2000. (c)(1) Except as provided in Section 17006, any stray cat that is impounded pursuant to this division shall, before the euthanasia of that animal, be released to a nonprofit, as defined in Section 501(c)(3) of the Internal Revenue Code,1 animal rescue or adoption organization if requested by the organization before the scheduled euthanasia of that animal. Receiving a fine for giving food to feral cats or any other animals isnt common, but it can happen. The majority of cases that have addressed liability for feral cat owners are unpublished decisions involving local ordinances, highlighting the impossibility of discerning a single set of guidelines for dealing with feral cats. "If a temporary or permanent home cannot be found, owners can always bring their pet to any of the Kern County Animal Control shelters in Bakersfield, Mojave and Lake Isabella. at 74850. Zaunbrecher, K.I. ), 31751.3. (d) This section applies to each county and cities within each county, regardless of population. (d) This section does not apply to a cat that is temporarily housed under an emergency evacuation order. A: There's a prohibition in the city of Bakersfield, but not in unincorporated areas of Kern County. The letter shall include a description of the cat. 2, 2007) (pdf file - 628.01 KB). As discussed above, this varying degree of control over feral cats is why common law jurisdictions are likely to determine liability based on the amount of control that a particular keeper or caretaker has exercised. Cal. The limited funding that the state has is then appropriated to the top ranking projects. Local ordinances concerning the adoption or placement procedures of any animal shelter shall be at least as restrictive as this chapter. Similarly, Kentucky has enacted a statute that states, [a]ny person with feral cats on his premises shall make a reasonable effort to capture or vaccinate the cats. KY ST 258.015 . Journal of the American Veterinary Medical Association 1993, 203, 449-452. Food and Agricultural Code (Formerly Agricultural Code). Higher wind gusts possible.. It could be foreseeable, then, that a stray or feral cat in a store could injure customers who came on the premises. 76-9-301 . Winds light and variable. This case illustrates the careful balancing act involved in crafting a feral cat statute or ordinance. Credits(Added by Stats.2020, c. 108 (S.B.573), 2, eff. As discussed above, the issue in Baker required the court to interpret a feral cat ordinance . If the animal ends up suffering or passing away due to conditions related to the abandonment, the animal owner could face even more serious charges. The Baker court concluded its opinion, however, by raising an important concern about the balance between animal protection statutes and private property rights. . However, you may be surprised to find out that experts advise against the practice of feeding feral animals. 29D05-0605-SC-1055 (Ind. . And a feral cat, generally speaking, is less likely to be tame than a domestic housecat. , 746 N.Y.S.2d 747, 750 (N.Y. App. I have been told that notched ears means the felines have been spayed or neutered. If an animal has never been owned or directly cared for by any human, then it may be classified as wild even if it is a member of a domesticated species. Therefore, the probability of the city receiving funding from the state is very low. 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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. (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. Providing resources to facilitate these efforts, including educational materials and funding, will help ensure their success. Further, feral cat caretakers in these jurisdictions may have a difficult time protecting feral cat colonies from animal control agencies and the actions of private citizens. St. 37-246 (2008). High 49F. If the adopter or purchaser presents proof of spaying or neutering to the entity from which the cat was obtained within 30 business days, the adopter or purchaser shall receive a full refund of the deposit. . In fact, only thirteen states and the District of Columbia have any laws that even mention feral cats ( California , Connecticut , Delaware , the District of Columbia , Illinois , Indiana , Kentucky , Maine , Nebraska , New York , Rhode Island , Texas , Vermont ,and Virginia ). (b) A public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group may extend the date by which spaying or neutering is to be completed at its discretion for good cause shown. H028774, 2007 WL 495897 (Cal. This article attempts to clarify the answers to these questions, giving feral cat caretakers, property owners, and others interested in the issue a clearer understanding of their legal rights and obligations. Food & Agric. Amended by Stats.1999, c. 83 (S.B.966), 61; Stats.2000, c. 567 (A.B.2754), 5; Stats.2017, c. 740 (A.B.485), 1, eff. However, there are some communities were doing so is illegal. "To increase the chances of finding a successful placement for your pet, we ask pet owners to bring in their current medical records and provide as much background information as possible so we can use the information to speak with potential adopters. 6.1.701 Prohibition on harboring animals which make excessive noise. Nongame mammal defined; possession and taking; trapping for recreation or commerce; sale of raw fur. The problem noted in the Baylor Law Review article, however, is that this broadened definition of animal may expose a caretaker of a feral cat to criminal liability for neglect and abandonment if, at some point, she ceases to care for the animal. Please log in, or sign up for a new account to continue reading. Regulation of Cats Generally. 2023 Michigan State University College of Law. 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? See id. 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. Once more,its extremely important to check into local animal control ordinances. 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. No, that was not a typo, there is potential criminal liability for feeding feral cats. What does it mean to own a feral cat? (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. See David Favre & Murray Loring, Animal Law 7 (1983); see also Eyrich v. Earl , 495 A.2d 1375, 1377 (N.J.Super. Things you can do to contribute to the neighborhood from trespassing on her neighbors property or bringing other to... 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