Nongame Mammals and Depredators. Amended by Stats.2019, c. 7 (A.B.1553), 9, eff. Further, the statute provides that any refusal to permit any animal control officer to impound such cat shall be deemed evidence of ownership . Other laws with the potential to impact Plum officials have enacted a new law in order to discourage residents from taking care of feral cats. (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. (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. 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. Amended by Stats.2004, c. 253 (S.B.1301), 9. That way, you can avoid possible fines or other penalties. Unfortunately, animal abandonment is a growing problem. 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. 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. Application of chapter; spaying or neutering required, 31762. Rather than feeding feral cats, its better to just adopt them directly. 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. Second, the article addresses the question of whether feral cat keepers or caretakers can be held civilly liable for the actions of feral cats. 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. Feral. . 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). 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. Credits(Added by Stats.1971, c. 1470, p. 2907, 21. Rather, the cases look closely at evidence of ownership to determine whether the keeper or caretaker should be subject to liability. 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. 31760. Local ordinances concerning the adoption or placement procedures of any animal shelter shall be at least as restrictive as this chapter. They can't replace the diagnosis, advice, or treatment from a professional. H028774, 2007 WL 495897 (Cal. 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. 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. Many people, even with the best of intentions, give cats food that isnt suitable for them. . 6.1.803 Obstructing officers unlawful. Similarly, some states classify feral cat caretakers as owners and further require owners to spay and neuter their pets or immunize them against rabies. (2) For the purposes of this section, a "rescue group" is a for-profit or not-for-profit entity, or a collaboration of individuals with at least one of its purposes being the sale or placement of cats that have been removed from a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, or humane shelter or that have been previously owned by any person other than the original breeder of that cat. Division 14.5. I have been told that notched ears means the felines have been spayed or neutered. Nongame Mammals. These statutes comprise California consolidated cat laws. 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. (3) An agency, shelter, or group that does not have microchipping capability on location is not subject to the civil penalty described in this subdivision upon obtaining the agreement described in subparagraph (B) of paragraph (1) of subdivision (a). 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 by new owners or released to nonprofit animal rescue or adoption organizations pursuant to this section. (Added by Stats.1998, c. 752 (S.B.1785), 16.5, operative July 1, 2001. 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. 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. 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. St. 37-246 (2008). (c) This section shall remain in effect only until July 1, 2024, and as of that date is repealed. ), 31751.7. As discussed above, feral cats do not fit neatly within the common law of animal ownership. (2) A public education program to reduce and prevent overpopulation of dogs and cats, and the related costs to local government. 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. 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. 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. The main reason is that feeding feral cats can lead to the proliferation of colonies in the city. 3.2-6500 . Jan. 1, 2020.). 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) . 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? In 2007, the Texas legislature amended its animal protection statute to include feral cats and dogs in the statutes definition of animal. This amendment was passed in response to several instances in which juries acquitted defendants who were accused of cruelty to feral animals because feral animals were not explicitly protected by the states animal cruelty statute. (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). 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. 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. It is important to note, however, that very few cases have addressed the issue of civil liability for feral cat keeping or caretaking. 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) . 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. This site is not a law firm and cannot offer legal advice. 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. 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 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. 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. Part of the difficulty in determining the default state of the law in the absence of a feral cat statute or ordinance arises from the fact that there are very few court decisions addressing issues related to feral cats. Division 4. 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. Jan. 1, 2020. Please log in, or sign up for a new account and purchase a subscription to continue reading. "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. (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. (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). Detailed Discussion of Feral Cat Legal Issues. 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. Ct. App. at 98384, 98890. . Id. An estimated 10-12% of the American public feed community cats. Drop off is between 9-9:30am Tuesday-Friday only. (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. (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. (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. At the same time, local authorities often argue that the presence of cats attracts other animals that we dont want in urban areas. See id. 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. Food and Agricultural Code (Formerly Agricultural Code). Part 3. First, how does feeding feral cats negatively impact the community? 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. RI ST 4-24-3 . C. 8217 . Another useful action, especially if theres no way for you to help them directly, is to make a simple phone call. (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. 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. Birds and Mammals. This rationale is less persuasive when applied to feral cats for two reasons. Legislative findings and declarations, 31753 . Amended by Stats.2004, c. 253 (S.B.1301), 7.). Holding period; owner redemption, 31755. West's Ann. Alley Cat Allies supports laws mandating that animal pounds and shelters spay or neuter impounded animals prior to releasing them to an adopter. Landowners' rights and responsibili-ties regarding the management of feral cats will continue No. 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. . (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. 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. Although, as in Virginia, there is no indication that ownership requirements are actively being imposed on feral cat caretakers, the possibility that this might occur under the current law further highlights the importance of cautiously drafting feral cat legislation. Select from the 0 categories from which you would like to receive articles. Higher wind gusts possible.. Wild Mammals, Defined, Neb. Amended by Stats.1957, c. 1972, p. 3520, 47; Stats.1971, c. 1470, p. 2908, 22.). Jan. 1, 2019; Stats.2019, c. 8 (A.B.1565), 1, eff. (5) The adopter or purchaser shall obtain written proof of spaying or neutering from the veterinarian performing the operation. The statute explicitly includes feral cats in its definition of companion animal. Va. Code Ann. 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. Failure to comply with spaying or neutering agreements; forfeitures and fines; extensions of time, 31763. Its true that there are many individuals and organizations that are willing to help these defenseless animals. In this section a "keeper" includes any person or organization regularly feeding a feral cat. Center (2006)) . In general, though, these state laws are strictly definitional. 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. Fish & G. Code 4150 - 4151, CA FOOD & AG 31750 - 31766; CA FISH & G 4150 - 4151. It seems to me that Gosford and at least one of the other roads in between Highway 99 could have a bridge to cut down on backed-up traffic. The court went on to reject two alternative theories of negligence proffered by the plaintiff. (b)(1) Except as provided in Sections 17006 and 31752.5 and paragraph (2), stray cats shall be held for owner redemption during the first three days of the holding period, not including the day of impoundment, and shall be available for owner redemption or adoption for the remainder of the holding period. (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. 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. Whats more, feeding strays attracts even more cats to the immediate area. (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). (4) Issues a check for insufficient funds for any spaying or neutering deposit required under this chapter. 2005), Exotic Mammal, Ind. 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. 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. (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). Repealed by Stats.2004, c. 253 (S.B.1301), 10, 4150. The town ordinance required [e]very person responsible for an animal located within the City to ensure that such animal . Also, laws can state that a separate violation occurs to each animal involved. Its also something that can be harmful for the health of these animals themselves. 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. ), 31751.3. (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. (Added by Stats.1998, c. 752 (S.B.1785), 15. Is it legal to feed feral cats in California? 964 (Fall 2008) . Simultaneously, this system would allow the casual good Samaritan to feed a feral cat without fear of liability. Holding period for impounded cats, (Added by Stats.1980, c. 1060, p. 3397, 2. The first problem is the question of whether feral cats are wild or domestic animals. Receiving a fine for giving food to feral cats or any other animals isnt common, but it can happen. Mammals. (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. Spayed or neutered cats; reduction in fee, 31751.6 . 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. Kern County Animal Control urges members of the public to try and find other alternatives to abandoning animals such as re-homing a pet with a friend, family member, co-worker, rescue organization or even a neighbor. On a national level, there are no laws to keep you from giving food to strays. Licensed cattery; exemption from tag requirement. Chapter 1. Any extension shall be in writing. The cat shall be spayed or neutered within 14 business days of that certification. I suspect that people have been abandoning strays knowing that they would be fed. 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. This article addresses three primary legal questions. 2, 2007) (pdf file - 628.01 KB). Please log in, or sign up for a new account to continue reading. 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. Many local laws are punitive. 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. This site is not a law firm and cannot offer legal advice. (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. Nongame Mammals and Depredators. , 746 N.Y.S.2d 747, 750 (N.Y. App. Id. If the adopter or purchaser presents proof of spaying or neutering to the entity from which the cat was obtained within 30 business days, the adopter or purchaser shall receive a full refund of the deposit. Section 17006 shall also apply to these animals. Q: The cat population in Hart Park appears to be out of control. Ct. Mar. 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. In light of the policy implications associated with defining feral cats as wild animals and thereby subjecting keepers and caretakers to a strict liability regime, a court would be more likely to find that feral cat keepers and caretakers are analogous to owners or keepers of domestic animals. Article 1. 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. See, e.g. Regulation of Cats Generally. Their presence increases hygiene and health problems which are already an issue for society. See id. Also, if feeding wild animals is prohibited and the law doesn't clearly define feral cats as domestic animals, it should be addressed. 22-339d . If you've been feeding a cat for several days and can still not approach or touch the cat, it is probably feral. and 3) feeding bans Excludes community cat sponsors and caretakers from definition of "custody" as defined in Sec. , Exotic Mammal, Ind. (b) A public animal shelter may limit the number of cats adopted from that public animal shelter pursuant to this section to one cat each six-month period. Despite endless campaigns to raise awareness, there are still humans that make the decision to abandon their pets. Fish and Game Code. TNR. at 74850. This list is not meant to be a comprehensive list of all laws impacting feral/community cats. 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. Jan. 1, 2023.). "Based on the city's experience in submitting applications for other grade separation projects, an application for a grade separation on any of the streets crossing the railroad in southwest Bakersfield would rank low on the state's list. ), 31752. Jan. 1, 2020.). (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. Consequently, feral cats do not fall under any authority or jurisdiction within our public institutions. (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. In the case of any doubt, it's best to consult a trusted specialist. 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. The cats also urinated and defecated in the crawl space of the home. 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. 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