Second, the article addresses the question of whether feral cat keepers or caretakers can be held civilly liable for the actions of feral cats. (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. Rather, the cases look closely at evidence of ownership to determine whether the keeper or caretaker should be subject to liability. (b) Notwithstanding any other provision of this code or regulations adopted pursuant to this code, it is unlawful for any person to trap any nongame mammal for purposes of recreation or commerce in fur. And a feral cat, generally speaking, is less likely to be tame than a domestic housecat. I have been told that notched ears means the felines have been spayed or neutered. 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. 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. (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. Repealed by Stats.1999, c. 81 (A.B.1482), 1, operative July 1, 2000. 2005) . 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? 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. Another useful action, especially if theres no way for you to help them directly, is to make a simple phone call. Please log in, or sign up for a new account and purchase a subscription to continue reading. As noted in the feral cat discussion, some states have reduced the impoundment period for free-roaming cats. 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. Nongame mammal defined; possession and taking; trapping for recreation or commerce; sale of raw fur. 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. (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. Control agencies, shelters, or rescue groups; spaying or neutering requirements, 31751.4. Repealed by Stats.1985, c. 1290, 2, 31751.3 . A feral cat is totally unsocialized to people. As discussed above, the issue in Baker required the court to interpret a feral cat ordinance . Also, laws can state that a separate violation occurs to each animal involved. Penal Code 42.092 , 60 Baylor L. Rev. Birds and Mammals. C. G. S. A. All cats, friendly or feral/unsocial, brought in for participation in the CCAS Community Cat Program must be in a trap, one cat per trap. A non-domesticated mammalian predator shall include coyotes, raccoons, foxes, opossums, bears, mountain lions, and bobcats. Christman-Resch v. City of Akron , 825 N.E.2d 189, 676 n.1, 686 (Ohio Ct. App. , 825 N.E.2d 189, 676 n.1, 686 (Ohio Ct. App. 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 Rev. Div., 1985) (stating that keepers of wild animals are strictly liable). 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. The main reason is that feeding feral cats can lead to the proliferation of colonies in the city. 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. (4) Feral cats pose particular safety hazards for animal shelter employees. California CA Food & Ag Code 31752.5 Regulation of cats - . Failure to comply with spaying or neutering agreements; forfeitures and fines; extensions of time, 31763. This article addresses three primary legal questions. 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. The reasoning in these cases could be applied to feral cat keepers in caretakers in jurisdictions that consider keepers and caretakers to be owners. H028774, 2007 WL 495897 (Cal. at 10. Therefore, the probability of the city receiving funding from the state is very low. 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. Super. Although some state and local governments have enacted statutes and ordinances attempting to resolve some of these issues, most jurisdictions do not have any laws governing the care and ownership of feral cats. Other laws with the potential to impact There should be no fell cats if cat domestication had been carried out properly by humankind. also survives summary adjudication. Thus, the appellate court partially reversed the trial courts grant of summary judgment, holding that the defendants could, in fact, be liable under a nuisance theory for damages arising from actions that caused the presence of [a] large number of cats on Plaintiffs property. See i d. at *1, *56, *1314. This article addresses three primary legal questions. 6.1.802 Authority to arrest and to issue notices to appear. Holding period; owner redemption, 31755. Jan. 1, 2018. With some exceptions, cats are required to be held for six days, pending retrieval by their owners or adoption by the . Ensuring animals are sterilized prior to entering the community ensures that they will not contribute to the existing dog and cat population. Neutering of feral cats as an alternative to eradication programs. Cloudy. (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. Food & Agric. High 49F. Ctenocephalides felis, regularly infest dogs, cats and opossums in Southern California. 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. The court went on to reject two alternative theories of negligence proffered by the plaintiff. Chapter 3. Anyone who abandons animals at any location in the county is included. 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. (d) This section does not apply to a cat that is temporarily housed under an emergency evacuation order. ), 31752. Further, the statute provides that any refusal to permit any animal control officer to impound such cat shall be deemed evidence of ownership . ), 31751.7. But taking care of a stray has a price under state law. Could they be exposed to criminal liability for abandonment, neglect, or failure to comply with registration or spay/neuter requirements? Also, if feeding wild animals is prohibited and the law doesn't clearly define feral cats as domestic animals, it should be addressed. 6.1.703 Removal of animal from City. Its true that there are many individuals and organizations that are willing to help these defenseless animals. Amended by Stats.2004, c. 253 (S.B.1301), 6. Generally, the state laws that do address these issues simply (1) define feral cats and (2) enable local governments to adopt their own solutions The result of this approach, though, is that the law of feral cats can, and often does, vary drastically within the same state. Amended by Stats.1957, c. 1972, p. 3520, 47; Stats.1971, c. 1470, p. 2908, 22.). If you've been feeding a cat for several days and can still not approach or touch the cat, it is probably feral. Owners of wild animals intentionally possess those animals, knowingly exposing themselves to the risks that a wild animals presence might pose to the local community. Feeding strays isnt just an issue about the health and comfort of the citizens of a community. 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. (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. Drop off is between 9-9:30am Tuesday-Friday only. Determining when a feral cat caretaker may be criminally liable is a complex issue that has not been extensively addressed. to what extent can a caretaker be liable for tort damages caused by feral cats? 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. 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. Article 8. I.e., if someone abuses a colony of cats, each cat harmed counts as a separate offense. Id. (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. St. 37-246 (2008). Part 3. The answer to this question is likely to depend on the degree of control that the individual exercises over the cats. 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. Theres always a need for caring individuals to help out at. 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. For purposes of this subdivision, raw fur has the same meaning as defined in Section 4005. These cats breed, multiply, fight, and spread diseases to one another. There is also a colony at the 24th Street/Kern River bridge. (Added by Stats.1998, c. 747 (A.B.1856), 6.5, operative Jan. 1, 2000. 3.2-6524(B) . (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. However, it is possible that individual members of a domestic species could be considered wild if those individual animals have not been domesticated. Despite the significant, tangible benefits of community cat programs, and the trap-neuter-return (TNR) method of managing unowned free-roaming cats, these programs are sometimes challenged by opponents who raise questions about whether this progressive approach is sound public policy, or is "legal" under state and local law. Its also something that can be harmful for the health of these animals themselves. Keep reading to discover more information on this issue and why its such a problem. There's no federal law that prohibits feeding stray cats or any other type of animal. 964, 97374 (Fall 2008) . Giving food to stray cats may seem like a noble gesture at first sight. Regulation of Cats. Detailed Discussion of Feral Cat Legal Issues. Generally, the period of retention for an owner to reclaim his or her pet is between 72 hours and ten days. Fish and Game Code. (c) Local ordinances concerning the adoption or placement procedures of any public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group shall be at least as restrictive as this division. ), 31753. The cat shall be spayed or neutered within 14 business days of that certification. 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. 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. According to one source, the law in Texas prohibiting cruelty to animals did not specifically protect feral cats until 2007. The adopter or purchaser shall obtain written proof of spaying or neutering from the veterinarian performing the operation. Someone who cares for a feral cat is likely to limit her activity to feeding, watering, and in some cases spaying or neutering the animal. 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. 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. Second, keepers and caretakers do not exercise the level of control over feral cats that owners of wild animals exercise over those animals. In this section a "keeper" includes any person or organization regularly feeding a feral cat. 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.. (Added by Stats.1973, c. 361, p. 802, 3. Id. Which brings up another question: Is this rule enforced? This rationale is less persuasive when applied to feral cats for two reasons. After registering with the municipality, the feral cat keeper must vaccinate and sterilize the cats in her care. Regulation of Cats Generally. 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. 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? Nongame Mammals. In general, though, these state laws are strictly definitional. (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. Low 34F. So we would have to come up with the remaining money necessary to fund the project. 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. 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). (For further discussion of general issues pertaining to feral cats and feral cat colonies, see Anthony B. Lacroix, Feral Cats , Animal Legal & Hist. 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. Nongame Mammals and Depredators. 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. 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. 3907 . 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. (2) An action for a penalty proposed under this section may be commenced by the administrator of the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group from which the recipient obtained the animal that is the subject of the violation in a court of competent jurisdiction. There are several reasons behind it being a bad ideaand sometimes illegalto feed strays. Although the plaintiffs attempted to trap the cats and bring them to animal control, the animal shelter ultimately told the plaintiffs that the shelter did not have room to house any more cats. Nongame mammal defined; possession and taking; trapping for recreation or commerce; sale of raw fur. Until then, however, only the courts can provide clearer guidance for keepers and caretakers in common law jurisdictions. (5) The adopter or purchaser shall obtain written proof of spaying or neutering from the veterinarian performing the operation. Amended by Stats.2019, c. 7 (A.B.1553), 9, eff. 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. Chapter 2. (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). Even in common law jurisdictions, the scarcity of published judicial opinions makes it difficult to determine what a judge will decide in a particular case. First, feral cats are members of the same species as domestic cats. 510 I.L.C.S. Unfortunately, animal abandonment is a growing problem. Notice to animal control services agency of performances to be conducted 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. 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. . Id. 3 Del. (4) Issues a check for insufficient funds for any spaying or neutering deposit required under this chapter. 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. (b) Notwithstanding subdivision (a), kittens or puppies relinquished by the purported owner, or brought in by any other person with authority to relinquish them, to public or private shelters, may be available immediately for adoption. (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. 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. Under this system, a person who feeds feral cats outside of her office building every morning might not be subjected to liability at all, whereas a person who provides shelter, food, water, and veterinary services for a group of feral cats would be more likely to be liable for the actions of those animals. Amended by Stats.1985, c. 1290, 3. This site is not a law firm and cannot offer legal advice. . Mammals. ), 31754. Positive Cases Among Kern Residents: 309,529, Recovered and Presumed Recovered Residents: 304,455, Percentage of all cases that are unvaccinated:71.13, Percentage of all hospitalizations that are unvaccinated:83.13, Source: Kern County Public Health Services Department. , No. Hart Park is within county jurisdiction. West's Ann. Providing resources to facilitate these efforts, including educational materials and funding, will help ensure their success. Winds light and variable. at 74850. 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. She did not provide shelter or veterinary care, and she never relocated or confined the animals. 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. 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. Enforcement 6.1.801 Entry on premises to seize and impound animals. However, its important to look into the local laws where you live, including laws that may apply to your specific community or neighborhood. St. 37-246 (2008). 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. 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. Consequently, feral cats do not fall under any authority or jurisdiction within our public institutions. 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. See id. Holding period for impounded cats, (Added by Stats.1980, c. 1060, p. 3397, 2. (2) Feral cats are cats with temperaments that are completely unsocialized, although frightened or injured tame pet cats may appear to be feral. "The application includes ranking the existing at-grade crossing on a formula that considers several aspects of the existing crossing. Detailed Discussion of Feral Cat Legal Issues. (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 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. 22-339d(a) (West 2001). See id. 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). Beginning June 1, 2008: It is prohibited to feed or otherwise care for free-roaming cats or other animals at the RFS. The court found that the total amount of damage caused by the cats to the plaintiff's property was approximately $2000. Licensed cattery; exemption from tag requirement. (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. 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. 29D05-0605-SC-1055 (Ind. However, it's important to look into the local laws where you live, including laws that may apply to your specific community or neighborhood. The court noted that the plaintiff could have prevented mostif not allof the damage caused by the feral cats if the plaintiff had simply been notified of the colony's presence in the neighborhood. (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. Local ordinances concerning the adoption or placement procedures of any animal shelter shall be at least as restrictive as this chapter. The law in Texas prohibiting cruelty to animals did not provide shelter or veterinary,! 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