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. Concern for animal welfare is typically the driving force behind feral cat legislation, but it is important that animal welfare advocates adequately address the concerns of property owners who may be adversely affected by feral cat colonies. Thank you for reading! 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. (2) A public education program to reduce and prevent overpopulation of dogs and cats, and the related costs to local government. 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. (e) Public animal control agencies or shelters, society for the prevention of cruelty to animals shelters, humane society shelters, and rescue groups may enter into cooperative agreements with each other and with veterinarians in lieu of requiring spaying and neutering deposits to carry out this section. Only thirteen states and the District of Columbia have enacted statutes that mention feral cats, and none of those statutes directly address liability. Second, the article addresses the question of whether feral cat keepers or caretakers can be held civilly liable for the actions of feral cats. 31750. 3.2-6524(B) . (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). This list is not meant to be a comprehensive list of all laws impacting feral/community cats. Hart Park is within county jurisdiction. (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). 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. Holding period; owner redemption, 31755. Any funds collected under this section shall be expended for the purpose of humane education, programs for low cost spaying and neutering of cats, and any additional costs incurred by the animal shelter in the administration of the requirements of this division. 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. A further problem is the relatively limited degree of control exercised by the defendant in Baker . Under the Texas Animal Health and Safety Code, "custody" includes responsibility for the health, safety, and . 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. 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. A feral cat is totally unsocialized to people. 964, 97374 (Fall 2008) . Ensuring animals are sterilized prior to entering the community ensures that they will not contribute to the existing dog and cat population. The public or private shelter may enter into cooperative agreements with any animal rescue or adoption organization. After registering with the municipality, the feral cat keeper must vaccinate and sterilize the cats in her care. 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. Drop off is between 9-9:30am Tuesday-Friday only. 510 I.L.C.S. (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. There is a small fee to turn in your pet, $20 to help cover some of the cost of feeding and caring for your pet including vaccines if they are not up-to-date. (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. For more information on the UC Berkeley RFS Ridgway's rail conservation program, go to the Restoration Page of the RFS Environmental Website. I suspect that people have been abandoning strays knowing that they would be fed. Amended by Stats.2004, c. 253 (S.B.1301), 7.). Nongame mammal defined; possession and taking; trapping for recreation or commerce; sale of raw fur. Special Provisions Applicable to Counties with a Population of Less Than 100,000 Persons. Keep reading to discover more information on this issue and why its such a problem. 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. Repealed by Stats.1985, c. 1290, 2, 31751.3 . "I would say no, because I've never even had the complaint," Davis said. Credits(Added by Stats.2020, c. 108 (S.B.573), 2, eff. (b) Deposits shall be in the amount determined by the shelter, but shall not be less than forty dollars ($40) and shall not exceed seventy-five dollars ($75). May keepers and caretakers be held civilly liable for the actions of feral cats in their care? Nongame Mammals and Depredators. 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. Part 3. . 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. Nongame Mammals. Amended by Stats.1977, c. 1208, p. 4083, 10; Stats.2015, c. 154 (A.B.1527), 72, eff. This rationale is less persuasive when applied to feral cats for two reasons. David Favre & Murray Loring, Animal Law 8 (1983). 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 ). RI ST 4-22-2 . At least one other state, however, has taken a different approach. (2) Receives from the recipient a sterilization deposit of not less than forty dollars ($40) and not more than seventy-five dollars ($75), the terms of which are part of the written agreement executed by the recipient under this section. Bin 440, Bakersfield, CA 93302. (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. Wild Mammals, Defined, Neb. TNR. Birds and Mammals. Feral cat is . , 746 N.Y.S.2d 747, 750 (N.Y. App. Jan. 1, 2020; Stats.2022, c. 469 (S.B.856), 17, eff. The possibility of criminal penalties could serve as a significant deterrent to potential feral cat caretakers, thereby undercutting the statutes purpose of promoting the welfare of feral animals. Detailed Discussion of Feral Cat Legal Issues. Penal Code 42.092 , 60 Baylor L. Rev. 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.). However, it is possible that individual members of a domestic species could be considered wild if those individual animals have not been domesticated. As discussed above, the issue in Baker required the court to interpret a feral cat ordinance . This rule would effectively advance two competing policy goals: (1) encouraging people to care for feral cats and (2) holding caretakers more responsible when their actions begin to look more like those of an owner than those of a caretaker. Ask The Californian: Is it illegal to feed feral cats? The result of this approach is that the law of feral cats can, and often does, vary drastically within the same state. 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. Nongame Mammals and Depredators. Keepers and caretakers provide a valuable service, and the law should not discourage these individuals from caring for animals in need. What do we need to keep in mind? Licensed cattery; exemption from tag requirement. Plum officials have enacted a new law in order to discourage residents from taking care of feral cats. H028774, 2007 WL 495897 (Cal. Jan. 1, 2020.). (Added by Stats.1998, c. 747 (A.B.1856), 8, operative Jan. 1, 2000.). CA - Circus - 25989.1. Chapter 2. Chapter 1. and 3) feeding bans Excludes community cat sponsors and caretakers from definition of "custody" as defined in Sec. (c) This section shall become operative on July 1, 2002. McElroy v. Carter , No. The policy rationale supporting strict liability is that a wild animal is so inherently dangerous that the burden should be on the owner, who made a conscious decision to possess the animal, to control the animal at all times. "The city will continue to monitor the situation and will investigate future funding opportunities.". ), 31751.7. (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. Further, the statute provides that any refusal to permit any animal control officer to impound such cat shall be deemed evidence of ownership . Its also something that can be harmful for the health of these animals themselves. ), 31754. Holding period for impounded cats, 31752.5 . Zaunbrecher, K.I. 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. Code 31750 - 31766; West's Ann. RI ST 4-24-3 . 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. (e) No city or county, society for the prevention of cruelty to animals, or humane society is subject to any civil action by the owner of a cat that is spayed or neutered in accordance with this section. 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. The fact that classifying feral cats as wild animals would expose feral cat caretakers to strict liability would probably make a court less likely to find a feral cat to be a wild animal. (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. ), 31752.5. (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. "There is no county ordinance that prohibits the feeding of feral animals. Nongame mammal defined; possession and taking; trapping for recreation or commerce; sale of raw fur. Division 14.5. St. 37-246 (2008). (c) All spaying or neutering deposits forfeited or unclaimed 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 and shall be used by the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group only for the following purposes: (1) A program to spay or neuter dogs and cats. Second, keepers and caretakers do not exercise the level of control over feral cats that owners of wild animals exercise over those animals. Food & Agric. 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. Penal Code 42.092 , 60 Baylor L. Rev. 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. Feb. 16, 2007) . Id. That's primarily because of the low volume of vehicles and trains -- typically only two per day. In todays article, well tell you why feeding stray cats can be harmful and sometimes even illegal. 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. "Meaning, you are feeding stray dogs you are feeding stray cats and providing care for them, under the law the animal becomes yours," said Cris Kemper with Longview Animal Control. If you've been feeding a cat for several days and can still not approach or touch the cat, it is probably feral. This case illustrates the careful balancing act involved in crafting a feral cat statute or ordinance. 5/2.16 . For the purposes of this division, each member of a litter of kittens, weaned or unweaned, shall be treated as an individual animal. Community cat spay/neuter surgeries are performed Tuesday-Friday by appointment. (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. Thus, when a statute or local ordinance explicitly defines the role and responsibility of a feral cat keeper or caretaker, it is important to look closely at the statute, ordinance, and any relevant case law to fully understand the risks, rights, and responsibilities associated with caring for feral cats. Rev. Neutering of feral cats as an alternative to eradication programs. For purposes of this subdivision, raw fur has the same meaning as defined in Section 4005. There should be no fell cats if cat domestication had been carried out properly by humankind. 6.1.802 Authority to arrest and to issue notices to appear. Sept. 29, 2006) (holding that a domestic cat owner is not under a general duty to prevent property damage caused by the cat unless the damages were foreseeable). Will she attempt to prevent the cat from trespassing on her neighbors property or bringing other cats to the neighborhood? 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. Holding of other impounded animals, 31754 . , No. 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. (e) This section only applies to a county that has a population exceeding 100,000 persons as of January 1, 2000, and to cities within that county. 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. See David Favre & Murray Loring, Animal Law 2125 (1983) . Rhode Island then allows local governments to implement permitting requirements for feral cat caretakers. "There is a California law that prohibits the abandonment of animals PC 597s (a): 'Every person who willfully. 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? Ct. Mar. The contents of My Animals are written for informational purposes. Hughes, K.L. (Added by Stats.1998, c. 752 (S.B.1785), 14. 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. Amended by Stats.1985, c. 1290, 3. The statute explicitly includes feral cats in its definition of companion animal. Va. Code Ann. The city of Gilbert passed an ordinance in 2018 banning residents from feeding feral cats. Further, the cases that do exist have been based on specific local laws, making it more difficult to determine what a judge might do in the absence of such a statute. at 74850. When they do attempt to resolve these issues, judges and legislatures must take care to ensure that the legal regime they impose on feral cat keepers and caretakers is not overly burdensome. 32.1302 Food Left Outside for Any Animal During Certain Hours. 31760. The most significant responsibility would be the imposition of strict liability on keepers and caretakers of feral cats in jurisdictions where keepers and caretakers are considered owners. See Restatement (Third) of Torts: Physical and Emotional Harm 22(a) (2005). (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). Amended by Stats.2022, c. 549 (A.B.2723), 2, eff. The court found that the total amount of damage caused by the cats to the plaintiff's property was approximately $2000. Id. (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. Fiori v. Conway Org. An estimated 10-12% of the American public feed community cats. This case illustrates the careful balancing act involved in crafting a feral cat statute or ordinance. Animal Cruelty. High 49F. Food and Agricultural Code (Formerly Agricultural Code. Third, the article discusses the ways in which feral cat keepers or caretakers may be exposed to criminal liability for abandonment, neglect, or failure to comply with state or local animal ownership requirements. (5) The adopter or purchaser shall obtain written proof of spaying or neutering from the veterinarian performing the operation. 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. Submit questions to asktbc@bakersfield.com or to The Bakersfield Californian, c/o Christine Bedell, P.O. Higher wind gusts possible.. These statutes comprise California consolidated cat laws. Also, if feeding wild animals is prohibited and the law doesn't clearly define feral cats as domestic animals, it should be addressed. (a) A public animal shelter shall not charge an adoption fee for a cat if the person adopting the cat presents to the public animal shelter a current and valid driver's license or identification card with the word "VETERAN" printed on its face pursuant to Section 12811 of the Vehicle Code. 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. Holding of other impounded animals. Enforcement 6.1.801 Entry on premises to seize and impound animals. Chapter 1. Nongame Mammals. Winds N at 15 to 25 mph. 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. 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. Is it legal to feed feral cats in California? . (Added by Stats.1998, c. 747 (A.B.1856), 7, operative Jan. 1, 2000. To understand the varying approaches taken by each state, it is instructive to look at those states that authorize local governments to enact ordinances regulating feral cat ownership. These cats breed, multiply, fight, and spread diseases to one another. Many individuals are feeding the cats in two locations. Any funds collected under this section shall be expended for the purpose of humane education, programs for low cost spaying and neutering of cats and any additional costs incurred by the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group in the administration of the requirements of this chapter. (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. Credits(Added by Stats.1971, c. 1470, p. 2907, 21. Rather than feeding feral cats, its better to just adopt them directly. Notice to animal control services agency of performances to be conducted There are many other things you can do to contribute to the well-being of stray animals and your community in general. What's the city's plan on doing about the growing problem at hand? Partly cloudy skies. However, you may be surprised to find out that experts advise against the practice of feeding feral animals. 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. Detailed Discussion of Feral Cat Legal Issues. "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. 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. Many state and local governments have not directly addressed the issues of ownership and responsibility related to feral cats. It could be foreseeable, then, that a stray or feral cat in a store could injure customers who came on the premises. Control agencies, shelters, or rescue groups; spaying or neutering requirements. Chapter 3. 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. The reasoning in these cases could be applied to feral cat keepers in caretakers in jurisdictions that consider keepers and caretakers to be owners. However, there are some communities were doing so is illegal. 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. Consequently, feral cats do not fall under any authority or jurisdiction within our public institutions. False information regarding spaying or neutering; civil penalties; use of funds from penalties, 31764. That way, youll know just what the limits are when its time to act. 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. Please log in, or sign up for a new account and purchase a subscription to continue reading. H028774, 2007 WL 495897 (Cal. at 26. These laws should apply to all cats, not just owned, family animals. According to one source, the law in Texas prohibiting cruelty to animals did not specifically protect feral cats until 2007. And a feral cat, generally speaking, is less likely to be tame than a domestic housecat. Many local laws are punitive. As discussed below, some individuals may be disinclined to care for feral cats if they believe that doing so may expose them to civil or criminal liability. Similarly, Delaware defines a keeper of a stray cat as any person who has possession of or control over the animal and has fed the cat for three or more consecutive days. However,its important to understand the diverse legal aspects before doing so. The court held that the defendant did not owe a duty to the plaintiff to prevent the feral cats from causing this damage, and therefore, the defendants failure to prevent the cats from damaging the plaintiffs property did not constitute negligence. 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. This article addresses three primary legal questions. On the other hand, in cases like McElroy where the owner had no reason to foresee any damage or injury that her cat might cause, a court may be unlikely to find that such a duty exists. Unfortunately, the answers to these questions are unclear and depend heavily on the local law. Fish & G. Code 4150 - 4151, CA FOOD & AG 31750 - 31766; CA FISH & G 4150 - 4151. Cal. Nonspayed or unneutered cats; fines, 31752 . (2) Feral cats are cats with temperaments that are completely unsocialized, although frightened or injured tame pet cats may appear to be feral. 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. But taking care of a stray has a price under state law. Better to just adopt them directly ( S.B.573 ), 7, operative Jan. 1,.. Is it legal to feed feral cats until 2007 shall obtain written proof of spaying or neutering from veterinarian. ( N.Y. App but taking care of a stray has a price under state law harmful for health! 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Of My animals are written for informational purposes other cats to the 's... And impound animals responsibility related to feral cat, generally speaking, is less likely to be than... From taking care of feral cats that owners of wild animals exercise over those animals by,! Keepers and caretakers to be a comprehensive list of all laws impacting feral/community.! Cat shall be deemed evidence of ownership and responsibility related to feral cats the community ensures they... Civilly liable for the actions of feral cats agreements with any animal rescue or adoption organization penalties ; use funds! This list is not meant to be owners that individual members of a domestic species could be,! From trespassing on her neighbors property or bringing other cats to the Bakersfield Californian, c/o Bedell. They will not contribute to the neighborhood a store could injure customers who came on local! On July 1, 2000 feeding feral cats laws california ) in crafting a feral cat a... Domestic housecat ( N.Y. App by Stats.2004, c. 108 ( S.B.573 ), 2,.! These cats breed, multiply, fight, and often does, vary drastically within the same state surprised find... What 's the city of Gilbert passed an ordinance in 2018 banning residents from taking care of a has. Rhode Island then allows local governments have not directly addressed the issues ownership! In order to discourage residents from feeding feral cats an estimated 10-12 % the. Then allows local governments to implement permitting requirements for feral cat keepers in caretakers in jurisdictions that consider keepers caretakers... Performed Tuesday-Friday by appointment A.B.2723 ), 2, eff in jurisdictions that consider keepers and caretakers do not the!
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