My Animals A blog on tips, care and everything related to the world of animals. 2012 2023 . Local ordinances; animal placement procedures, 31764.5. When a person sees a malnourished kitten roaming her neighborhood, her first instinct is often to stop and help. Fish and Game Code. Id . Please log in, or sign up for a new account and purchase a subscription to continue reading. M2005-00414-COA-R3-CV, 2006 WL 2805141, at *6 (Tenn. Ct. App. Ct. App. 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. 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. Regulation of Cats Generally. 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. "I would say no, because I've never even had the complaint," Davis said. Jan. 1, 2023.). (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. 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. But my guess is, whatever you do it will just makes things MUCH WORSE with the neighbor. (Added by Stats.1998, c. 747 (A.B.1856), 7, operative Jan. 1, 2000. 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. Id. Chapter 3. Giving food to stray cats may seem like a noble gesture at first sight. 3 Del. See id. Special Provisions Applicable to Counties with a Population of Less Than 100,000 Persons. 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. Illinois explicitly exempts feral cat caretakers from its definition of animal ownership, as long as the caretaker is participating in an authorized trap-neuter-release program (TNR program). 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. (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. Regulation of Cats Generally. The public or private shelter may enter into cooperative agreements with any animal rescue or adoption organization. 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. 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. (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). 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. M2005-00414-COA-R3-CV, 2006 WL 2805141, at *6 (Tenn. Ct. App. No. Chapter 3. Food & Agric. (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. 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. In addition to any required spay or neuter deposit, the animal shelter, at its discretion, may assess a fee, not to exceed the standard adoption fee, for the animal released. 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. 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. Community cat spay/neuter surgeries are performed Tuesday-Friday by appointment. 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. (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. Until then, however, only the courts can provide clearer guidance for keepers and caretakers in common law jurisdictions. 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.). 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 CA - Circus - 25989.1. Which brings up another question: Is this rule enforced? (a) A mammal occurring naturally in California that is not a game mammal, fully protected mammal, or fur-bearing mammal is a nongame mammal. The court went on to reject two alternative theories of negligence proffered by the plaintiff. (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. 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. Nonspayed or unneutered cats; fines, 31752 . 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. 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. California CA Food & Ag Code 31752.5 Regulation of cats - . At the same time, local authorities often argue that the presence of cats attracts other animals that we dont want in urban areas. Holding of other impounded animals. This would expose keepers and caretakers to liability for the actions of feral cats, but it is plausible that a court would limit the liability of those keepers and caretakers to reflect the more limited degree of control that they exercise over the cats. The problem is the train crossings, the only place you can cross when a train is blocking the tracks is Highway 99. ), 31752. 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. Credits(Added by Stats.1971, c. 1470, p. 2907, 21. at 10. Fish and Game Code. Another useful action, especially if theres no way for you to help them directly, is to make a simple phone call. The statute explicitly includes feral cats in its definition of companion animal. Va. Code Ann. The statute defines a keeper as any person or organization, harboring, regularly feeding or having in his or its possession any feral cat. The law further clarifies that an individual is more likely to qualify as a keeper if she attempts to prevent an animal control officer from impounding feral cats. It is important to note, however, that very few cases have addressed the issue of civil liability for feral cat keeping or caretaking. Providing resources to facilitate these efforts, including educational materials and funding, will help ensure their success. Neutering of feral cats as an alternative to eradication programs. Will she attempt to prevent the cat from trespassing on her neighbors property or bringing other cats to the neighborhood? Jan. 1, 2020.). We will do our best to find a second home for your pet. 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. (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. (2) Feral cats are cats with temperaments that are completely unsocialized, although frightened or injured tame pet cats may appear to be feral. Pickup is the same day beginning at 3:30-4:00p.m. It could be foreseeable, then, that a stray or feral cat in a store could injure customers who came on the premises. Will she consider the possible rights and responsibilities that might arise from her caretaking? 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)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. Alley Cat Allies supports laws mandating that animal pounds and shelters spay or neuter impounded animals prior to releasing them to an adopter. 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. Feral cats do not fit neatly within the common law categories of animal ownership. Code 14-8-2-87 (2009 ); Wild Mammals, Defined, Neb. Ideally, more state and local legislatures should begin to address this complex and convoluted area of law. . (a)(1) Except as otherwise provided in subdivision (b), no public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group shall sell or give away to a new owner any cat that has not been spayed or neutered. (Stats.1957, c. 456, p. 1382, 4151. St. 37-246 (2008). A statute conferring certain rights and responsibilities was not enough; the court would not find the existence of a general duty unless such a duty was explicitly defined by the law. We seek to change them into positive laws that save animals and meet the needs of cats, caregivers, owners, and the community at large. Dec. 14, 2001) . Id. 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. Ct. App. (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. Penal Code 42.092 , 60 Baylor L. Rev. 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. 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. St. 37-246 (2008). And a feral cat, generally speaking, is less likely to be tame than a domestic housecat. 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. (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. 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. Amended by Stats.1985, c. 1290, 3. For the purposes of this division, each member of a litter of kittens, weaned or unweaned, shall be treated as an individual animal. , 746 N.Y.S.2d 747, 750 (N.Y. App. The statute further defines keepers as owners. Id. 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. (a)The required holding period for a stray cat impounded pursuant to this division shall be six business days, not including the day of impoundment, except as follows: (1) If the public or private shelter has made the cat available for owner redemption on one weekday evening until at least 7 p.m. or one weekend day, the holding period shall be four business days, not including the day of impoundment. Submit questions to asktbc@bakersfield.com or to The Bakersfield Californian, c/o Christine Bedell, P.O. (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. 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. They can't replace the diagnosis, advice, or treatment from a professional. "The city will continue to monitor the situation and will investigate future funding opportunities.". 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. Further, the court stated that the plaintiffs claim of severe emotional distress that arises out of the alleged nuisance of having to deal with a large number of cats on their property . 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. Laws regarding the impoundment of dogs and cats are consistent in most states. 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. Its important to point out thatfeeding feral cats isnt the only way (or best way) to help these animals. At the same time, an overly burdensome notice requirement could easily become a strong disincentive to individuals who may have otherwise considered becoming feral cat caretakers. Winds N at 15 to 25 mph. (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). Holding period; owner redemption. Ask The Californian: Is it illegal to feed feral cats? Credits(Added by Stats.2019, c. 205 (S.B.245), 5, eff. Once more,its extremely important to check into local animal control ordinances. Holding period for impounded cats, (Added by Stats.1980, c. 1060, p. 3397, 2. West's Annotated California Codes. Further, the statute provides that any refusal to permit any animal control officer to impound such cat shall be deemed evidence of ownership . This subdivision is applicable within any county. 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. Mammals. The court went on to reject two alternative theories of negligence proffered by the plaintiff. . Penal Code 42.092 , 60 Baylor L. Rev. Jan. 1, 2020.). The law in California that allows non-profit organizations to remove feral cats from animal shelters as an alternative to destruction appears to incorporate past lessons on the need for public support. 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) . There should be no fell cats if cat domestication had been carried out properly by humankind. ; Smith, R.E. She did not provide shelter or veterinary care, and she never relocated or confined the animals. 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. Licensed cattery; exemption from tag requirement. 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 . 3.2-6500 . Restatement (Third) of Torts: Physical and Emotional Harm. Partly cloudy skies. The court did not, however, address the question of whether a feral cat caretaker could be held criminally liable under the ordinancea distinct possibility, given the ordinances broad definition of ownership. This site is not a law firm and cannot offer legal advice. 6.1.703 Removal of animal from City. Also, laws can state that a separate violation occurs to each animal involved. A: There's a prohibition in the city of Bakersfield, but not in unincorporated areas of Kern County. Kyles v. Great Oaks Interests , No. Why is feeding stray cats a bad idea? After registering with the municipality, the feral cat keeper must vaccinate and sterilize the cats in her care. It reads, in part, that "it is unlawful for any person" to "purposely or knowingly, in any manner, provide access to food, feed or bait to any wild animal, including, but not limited to, coyotes, deer, squirrels, feral cats, foxes, raccoons, skunks, waterfowl, birds or beavers.". 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. (a) Upon relinquishment of a cat to a public or private shelter, the owner of that cat shall present sufficient identification to establish his or her ownership of the cat and shall sign a statement that he or she is the lawful owner of the cat. 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). Chapter 2. (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. at 26. (2) A kitten under eight weeks of age that is reasonably believed to be unowned and is impounded in a public or private shelter may, before the euthanasia of that animal, be made immediately available for release to a nonprofit, as defined in Section 501(c)(3) of the Internal Revenue Code, animal rescue or adoption organization if requested by the organization. Anyone who abandons animals at any location in the county is included. Animal Cruelty. According to one source, the law in Texas prohibiting cruelty to animals did not specifically protect feral cats until 2007. 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. Repealed by Stats.1999, c. 81 (A.B.1482), 1, operative July 1, 2000. (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 rationale is less persuasive when applied to feral cats for two reasons. 2023 Michigan State University College of Law. (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). In Baker , the defendant fed and watered four cats that lived in the neighborhood. "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. See id. These cats damaged the plaintiffs home, destroying insulation, a vapor barrier, and duct work. (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. 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. (4) Feral cats pose particular safety hazards for animal shelter employees. 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. . Besides the above, if youre passionate about animals and advocating for their well-being, why not volunteer? So we would have to come up with the remaining money necessary to fund the project. If your town is considering a feeding ban proposalor you've been threatened with or given a citation related to a feeding ban ordinance already in placewe know that you are in a difficult situation and facing difficult decisions about caring for cats. at 97374, 966. 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. These fines are for unneutered impounded animals only, and are not in lieu of any fines or impound fees imposed by any individual city, county, public animal control agency or shelter, society for the prevention of cruelty to animals shelter, or humane society shelter. (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). All rights reserved. Repealed by Stats.2004, c. 253 (S.B.1301), 10, 4150. Could they be exposed to criminal liability for abandonment, neglect, or failure to comply with registration or spay/neuter requirements? 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. Amended by Stats.1977, c. 1208, p. 4083, 10; Stats.2015, c. 154 (A.B.1527), 72, eff. However, it is possible that individual members of a domestic species could be considered wild if those individual animals have not been domesticated. Part 3. What does it mean to own a feral cat? They do not address specific issues related to liability, but rather (1) help to resolve the problem of classifying feral cats and (2) enable local governments to enact their own solutions. (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. to what extent can a caretaker be liable for tort damages caused by feral cats? Local ordinances concerning the adoption or placement procedures of any animal shelter shall be at least as restrictive as this chapter. Enforcement 6.1.801 Entry on premises to seize and impound animals. 31760. (Added by Stats.2000, c. 567 (A.B.2754), 4. This case illustrates the careful balancing act involved in crafting a feral cat statute or ordinance. 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. As discussed above, the issue in Baker required the court to interpret a feral cat ordinance . 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. In this section a "keeper" includes any person or organization regularly feeding a feral cat. M2005-00414-Coa-R3-Cv, 2006 WL 2805141, at * 6 ( Tenn. Ct. App procedures... 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Performed Tuesday-Friday by appointment help these animals companion animal not offer legal advice on premises seize. A.B.1482 ), 4 sign up for a new account and purchase a subscription to continue.... Could they be exposed to criminal liability for abandonment, neglect, or to! City will continue to monitor the situation and will investigate future funding opportunities ``... Is, whatever you do it will just makes things MUCH WORSE with the remaining money to!, her first instinct is often to stop and help law firm and can not offer legal.! Alternative theories of negligence proffered by the plaintiff persuasive when applied to feral cats two. Complex and convoluted area of law animals and advocating for their well-being, why not volunteer rationale is less to... N'T replace the diagnosis, advice, or failure to comply with registration or spay/neuter requirements Kern.... Alternative to eradication programs second home for your pet considered Wild if those animals...
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