However, at least two sources, the Baylor Law Review article and Baker ,indicate that courts and juries may be unwilling to afford protection to feral cats or assign responsibilities to their caretakers when those rights and responsibilities have not been explicitly outlined by a statute or local ordinance. 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. Nongame Mammals and Depredators. The contents of My Animals are written for informational purposes. Therefore, feral cats do not quite fit within the common understanding of domestic cat ownership. Division 14.5. The majority of cases that have addressed liability for feral cat owners are unpublished decisions involving local ordinances, highlighting the impossibility of discerning a single set of guidelines for dealing with feral cats.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 you want to gain the trust of a stray cat, you need to make sure you have plenty of patience and follow a few key steps. False information regarding spaying or neutering; civil penalties; use of funds from penalties, 31764. . Is she subject to other ownership requirements, such as ordinances requiring registration or sterilization? Food & Agric. (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. Not only do they fail to meet minimal nutritional requirements, but they can also be extremely harmful to a cats health in general. "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. Id. First, feral cats are members of the same species as domestic cats. Article 8. The Baker court concluded its opinion, however, by raising an important concern about the balance between animal protection statutes and private property rights. Similarly, some states classify feral cat caretakers as owners and further require owners to spay and neuter their pets or immunize them against rabies. Jan. 1, 2020.). "There is a California law that prohibits the abandonment of animals PC 597s(a): 'Every person who willfully abandons any animal is guilty of a misdemeanor.' Shelters; waiver of cat adoption fee for veterans; limit on number of cats adopted, 31766. (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. Amended by Stats.1985, c. 1290, 3. ), 31751.5. In one recent case, a California appellate court recently held that the plaintiffs nuisance claim, which was based on the defendants alleged failure to cease activity that resulted in the attraction of feral and domestic cats to the plaintiffs backyard, survived summary judgment. 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. ), 31753. 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, 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. 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. 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. Generally, the state laws that do address these issues do not create substantive guidelines. (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. Therefore, in the absence of a specific statute defining the rights and responsibilities of feral cat caretakers, an individual who regularly cares for feral may not qualify as an owner or a legally designated caretaker. The many feral cats in Hart Park never seem to be lacking for food with many going to the park on a regular basis volunteering their time and expenses to feed the cats. In Kyles , the plaintiffs were members of a family residing in a home located next to an apartment complex. Feral Cats and the Law Cats and Wildlife > Cats and Predation Where have all the birds gone? 3.2-6500 . This list is not meant to be a comprehensive list of all laws impacting feral/community cats. , Exotic Mammal, Ind. (2) Feral cats are cats with temperaments that are completely unsocialized, although frightened or injured tame pet cats may appear to be feral. Despite endless campaigns to raise awareness, there are still humans that make the decision to abandon their pets. The answer to this question is likely to depend on the degree of control that the individual exercises over the cats. There should be no fell cats if cat domestication had been carried out properly by humankind. 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 . "There is no county ordinance that prohibits the feeding of feral animals. The public or private shelter may enter into cooperative agreements with animal rescue or adoption organizations regarding rabbits that are equivalent to those cooperative agreements authorized in Section 31108 regarding dogs and Section 31752 regarding cats. Cal. Division 14.5. (4) 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. Failure to comply with spaying or neutering agreements; forfeitures and fines; extensions of time, 31763. Although feral cats do not necessarily fit within the common understanding of domestic animal ownership either, the ordinary liability imposed on domestic animal owners does not present the significant policy problems raised by strict liability. Connecticut allows municipalities to require feral cat keepers to register with the local animal control officer. The plaintiff argued that the store owner was liable under a common law negligence theory for breaching his duty to provide a safe environment for customers. When the city and county do plan to construct a grade separation project, the Greater Bakersfield Separation of Grade District submits an application to the state of California for funding. Chapter 2. Any licensed cattery may be exempted pursuant to regulation or ordinance from any requirement to obtain a license tag for each cat within the cattery. Part 3. [d]oes not become a public nuisance, does not run at large, and [d]oes not defecate on the property of another . 4150 . (Added by Stats.1973, c. 361, p. 802, 3. (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. The court found that the total amount of damage caused by the cats to the plaintiff's property was approximately $2000. Feeding strays isnt just an issue about the health and comfort of the citizens of a community. California CA Food & Ag Code 31752.5 Regulation of cats - . 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. Penal Code 42.092 , 60 Baylor L. Rev. 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. (2) An animal control officer, humane officer, police officer, peace officer, or any agency authorized to enforce the Penal Code may write citations with a civil penalty stated in an amount corresponding to the violation as provided in Section 31763. . 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. Chapter 3. at 45; see also McElroy v. Carter , No. (3) An agency, shelter, or group may require proof that the cat is microchipped pursuant to paragraph (1) before releasing, adopting out, selling, or giving away the cat. Maines animal welfare law is structured in much the same way, although it requires an individual to feed an animal for ten consecutive days before she becomes a keeper and, by extension, an owner. 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. Generally, the period of retention for an owner to reclaim his or her pet is between 72 hours and ten days. (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). Hughes, K.L. Special Provisions Applicable to Counties with a Population of Less Than 100,000 Persons. Div., 1985) (stating that keepers of wild animals are strictly liable). Its true that there are many individuals and organizations that are willing to help these defenseless animals. See id. However,its important to understand the diverse legal aspects before doing so. Div. Amended by Stats.2004, c. 253 (S.B.1301), 6. Licensed cattery; exemption from tag requirement, 31751.7 . 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. , 746 N.Y.S.2d 747, 750 (N.Y. App. required by law. "One of the reasons that we see so many pets that are lost and looking for a new home is because too many pets are not spayed and neutered. (4) Feral cats pose particular safety hazards for animal shelter employees. 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 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. No, that was not a typo, there is potential criminal liability for feeding feral cats. In fact, the court noted that Indy Feral's website, offered as an exhibit by the defendant, states that feral cats will become an even greater nuisance if they are not fed on a regular basis, since this will require to the cats to forage for food. An animal is feral if it [e]xist[s] in a wild or untamed state, either naturally or having returned to such a state from domestication. The American Heritage Science Dictionary (Houghton Mifflin 2002). The question, then, is if a feral cat is not quite a wild animal and not quite a domestic animal, how will a court determine ownership? This article addresses three primary legal questions. Feral. Ct. App. Second, the article addresses the question of . The plaintiff argued that a town ordinance and a county ordinance independently imposed a duty on the defendant to control the cats and prevent them from damaging the plaintiff's property. The fines shall be paid to the local municipality or public animal control agency or shelter, society for the prevention of cruelty to animals shelter, or humane society shelter. Feeding ban laws and ordinances are an ineffective and cruel approach to feral cats. In the vast majority of jurisdictions, however, courts will have no guidance other than common law. 2, 2007) (pdf file - 628.01 KB). Although the Baylor Law Review article and the Indiana Superior Court case suggest that a court may not hold caretakers responsible for the behavior of feral cats, the case law on this issue is nearly nonexistent. Amended by Stats.2019, c. 7 (A.B.1553), 9, eff. In general, though, these state laws are strictly definitional. Community cat spay/neuter surgeries are performed Tuesday-Friday by appointment. 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. The court went on to reject two alternative theories of negligence proffered by the plaintiff. But see Allen v. Cox , 942 A.2d 296, 304 (Conn. 2008) (holding that when a cat's owner knows that the cat has a propensity to be violent, the owner may be liable for reasonably foreseeable injuries caused by the cat's aggressive behavior). . Receiving a fine for giving food to feral cats or any other animals isnt common, but it can happen. When damage to property or persons is reasonably foreseeable, a court in these jurisdictions could impose civil liability on keepers and caretakers for breaching their duty to control the feral cats in their care. A nongame mammal may not be taken or possessed except as provided in this code or in accordance with regulations adopted by the commission. May keepers and caretakers be held civilly liable for the actions of feral cats in their care? See id. ), 31752. That's primarily because of the low volume of vehicles and trains -- typically only two per day. Penal Code 42.092 , 60 Baylor L. Rev. Q: The cat population in Hart Park appears to be out of control. See generally 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. (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. (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). As a result, many criminal defendants who were arrested on animal cruelty charges were acquitted because their alleged crimes had been committed against feral animals. Given the status of feral cats as companion animals, anyone who provides food, water, or shelter to a feral cat would almost certainly fall under Virginias definition of an owner.. 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. RI ST 4-22-2 . Any extension shall be in writing. Center (2006)) . A wild animal is an animal that belongs to a category of animals that have not been generally domesticated and that are likely, unless restrained, to cause personal injury. Restatement (Third) of Torts: Physical and Emotional Harm 22(b) (2005) . Is it legal to feed feral cats in California? Feeding feral cats can not only have a negative impact on the environment and create health issues, it can also lead to potential criminal liability to the individual doing the feeding. Regulation of Cats. Winds N at 15 to 25 mph. While in some places its illegal to feed stray animals, that doesnt mean we cant look for other ways to help them. 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. (c) 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. First, the plaintiff argued that the defendant was responsible for the damage caused by the cats because the defendant returned the altered cats to the plaintiff's neighborhood with the knowledge that the cats would likely return to the plaintiffs home. Repealed by Stats.1999, c. 81 (A.B.1482), 1, operative July 1, 2000. 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. Special Provisions Applicable to Counties with a Population of Less Than 100,000 Persons. Id. 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. Rather, they typically authorize local governments to enact their own ordinances. Holding period for impounded cats, 31752.5 . 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. 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. (d) This section does not apply to a cat that is temporarily housed under an emergency evacuation order. Traffic goes crazy when the train blocks Wible, Akers, Stein, Ashe, Gosford and so on. High 49F. (Formerly 31751, added by Stats.1970, c. 1303, p. 1303, 1. (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). These laws should apply to all cats, not just owned, family animals. 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. These important distinctions would explain why some states have specifically excluded feral cats from their statutory definitions of exotic or wild animals. CA - Circus - 25989.1. In this case, the city -- if the project ranked high enough and we received funding from the state -- would need on the order of $15 million in local funds for the project. ), 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). A further problem is the relatively limited degree of control exercised by the defendant in Baker . (Added by Stats.1998, c. 752 (S.B.1785), 15. (3) The deposit shall be temporary, and shall only be retained until the cat is healthy enough to be spayed or neutered, as certified by a veterinarian licensed to practice veterinary medicine in this state. Nonspayed or unneutered cats; fines, 31752 . 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.). Renumbered 31751.3 and amended by Stats.1998, c. 747 (A.B.1856), 6, operative Jan. 1, 2000. Upon adoption, sale, giving away, or transfer of ownership, the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group shall provide information on the transference of ownership, including microchip company information, the microchip number and any other relevant identifiers, and any other information needed for an owner or new owner to register themselves as the microchip's primary contact, as applicable. Amended by Stats.1957, c. 1972, p. 3520, 47; Stats.1971, c. 1470, p. 2908, 22.). The trial court granted summary judgment for the defendants, but the appellate court rejected the trial courts analysis of the plaintiffs nuisance claim. I suspect that people have been abandoning strays knowing that they would be fed. Jan. 1, 2019; Stats.2019, c. 8 (A.B.1565), 1, eff. Amended by Stats.2022, c. 549 (A.B.2723), 2, eff. Jan. 1, 2016; Stats.2019, c. 216 (A.B.273), 12, eff. With some exceptions, cats are required to be held for six days, pending retrieval by their owners or adoption by the . 6.1.803 Obstructing officers unlawful. Under the Texas Animal Health and Safety Code, "custody" includes responsibility for the health, safety, and . Implementation of a Feral Cat Management Program on a University Campus. The fines shall be paid to the local municipality or public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group. (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. Based on these unique risks, the court articulated a limited exception to the general rule that the negligence standard does not apply to injuries caused by domestic animals, holding that the store owner could be liable for failing to maintain safe premises for his customers. Chapter 2. (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. (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. The adopter or purchaser shall obtain written proof of spaying or neutering from the veterinarian performing the operation. at *14. Ann. West's Annotated California Codes. Legislative findings and declarations. 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. Notice to animal control services agency of performances to be conducted Nongame Mammals and Depredators. Division 4. 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. Jan. 1, 2018. 32.1302 Food Left Outside for Any Animal During Certain Hours. 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. (Stats.1957, c. 456, p. 1382, 4151. Second, the article addresses the question of whether feral cat keepers or caretakers can be held civilly liable for the actions of feral cats. Id. The town ordinance required [e]very person responsible for an animal located within the City to ensure that such animal . 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. (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. The reasoning in these cases could be applied to feral cat keepers in caretakers in jurisdictions that consider keepers and caretakers to be owners. Control agencies, shelters, or rescue groups; spaying or neutering requirements. 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. There are many other things you can do to contribute to the well-being of stray animals and your community in general. An estimated 10-12% of the American public feed community cats. Jan. 1, 2023.). Amended by Stats.1977, c. 1208, p. 4083, 10; Stats.2015, c. 154 (A.B.1527), 72, eff. 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. "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. Arguably, the Texas statute already protected feral cats, since it protected domesticated animals. However, the failure to explicitly include feral animals in the definition of domesticated animals apparently compelled an interpretationat least in the minds of many jurors and legislatorsthat those animals were excluded from the law's protection. Birds and Mammals. Anyone who abandons animals at any location in the county is included. We'll tell you want you need to know. Detailed Discussion of Feral Cat Legal Issues. In another case, a New York state trial court held that a store owner could be liable for personal injuries caused by a stray or feral cat in the store. "There is a California law that prohibits the abandonment of animals PC 597s (a): 'Every person who willfully. (c) This section shall remain in effect only until July 1, 2024, and as of that date is repealed. Food and Agricultural Code (Formerly Agricultural Code. Animal Cruelty. Credits(Added by Stats.2019, c. 205 (S.B.245), 5, eff. (4) The cat shall be spayed or neutered within 14 business days of that certification. at 96667. Holding of other impounded animals. Division 4. In doing so, it is unlikely that the individual will carefully consider the legal ramifications of her actions before giving the cat food and water or bringing it into her garage to give it shelter from the cold. Also, laws can state that a separate violation occurs to each animal involved. 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. Holding period for impounded cats, (Added by Stats.1980, c. 1060, p. 3397, 2. Feb. 16, 2007). 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. 964, 97374 (Fall 2008) . Part 3. 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. ), 31752.5. St. 37-246 (2008). 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. For the rules in the city, we turned to Tammy Davis, animal control supervisor for the city of Bakersfield, who cited a section of code that defines prohibited activity in city parks.
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