Id. ), 31752.5. I suspect that people have been abandoning strays knowing that they would be fed. Ct. Mar. No, that was not a typo, there is potential criminal liability for feeding feral cats. . Jan. 1, 2020.). (2) Provides to a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group or a licensed veterinarian inaccurate information regarding ownership of any cat required to be submitted for spaying or neutering under this chapter. David Favre & Murray Loring, Animal Law 8 (1983). Legislative findings and declarations. at 2. Jan. 1, 2020. 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. 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. 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. 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. (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. Jan. 1, 2018. Second, the article addresses the question of . Drop off is between 9-9:30am Tuesday-Friday only. Div., 1985) (stating that keepers of wild animals are strictly liable). 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. Detailed Discussion of Feral Cat Legal Issues. There should be no fell cats if cat domestication had been carried out properly by humankind. Many state and local governments have not directly addressed the issues of ownership and responsibility related to feral cats. "Pets that are abandoned face the dangers of the elements, predators, other animals, vehicles and even humans. Super. A further problem is the relatively limited degree of control exercised by the defendant in Baker . Failure to comply with spaying or neutering agreements; forfeitures and fines; extensions of time, 31763. 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. (Added by Stats.1998, c. 752 (S.B.1785), 15. Plum officials have enacted a new law in order to discourage residents from taking care of feral cats. Which brings up another question: Is this rule enforced? Control agencies, shelters, or rescue groups; spaying or neutering requirements. 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 . (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). (2) A public education program to reduce and prevent overpopulation of dogs and cats, and the related costs to local government. 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 family brought suit against the apartment complex, the city, the county, and the garbage disposal company servicing the apartment complex, alleging, among other things, that attracting the cats constituted a nuisance. (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. A non-domesticated mammalian predator shall include coyotes, raccoons, foxes, opossums, bears, mountain lions, and bobcats. Nongame Mammals. 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. (Added by Stats.1973, c. 361, p. 803, 4. at 98384, 98890. The question, then, is what will a court in a common law jurisdiction do when faced with a feral cat keeper or caretaker who has exhibited greater evidence of ownership than the defendant in Baker ? Sept. 29, 2006) . At common law, the answer to this question is unclear. Ask The Californian appears on Mondays. Ensuring animals are sterilized prior to entering the community ensures that they will not contribute to the existing dog and cat population. Thus, feral cat caretakers could be subjected to the same fines and citations as other animal owners if they fail to comply with these laws. 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 . No. 5/2.16 . 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. 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? For example, by defining keepers as owners and authorizing municipal permitting requirements for feral cat caretakers, a state like Rhode Island is able to address issues related to feral cats without imposing substantive requirements on the entire state. Journal of Applied Animal Welfare Science 2002, 5, 15-28. The same level penalty can apply, or the penalties may increase upon a second or third violation. 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. The limited funding that the state has is then appropriated to the top ranking projects. 31750. 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.". (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). Alley Cat Allies supports laws mandating that animal pounds and shelters spay or neuter impounded animals prior to releasing them to an adopter. 29D05-0605-SC-1055 (Ind. Winds N at 15 to 25 mph. 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. Is it legal to feed feral cats in California? (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. This rationale is less persuasive when applied to feral cats for two reasons. Don't try to handle a feral cat. (5) It is cruel to keep feral cats caged for long periods of time; however, it is not always easy to distinguish a feral cat from a frightened tame cat. Here are some of the most common sections of local laws that commonly affect cats. Will she consider the possible rights and responsibilities that might arise from her caretaking? 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. The first problem is the question of whether feral cats are wild or domestic animals. Not only do they fail to meet minimal nutritional requirements, but they can also be extremely harmful to a cats health in general. (d) A public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group may transfer to a new owner a cat that has not been spayed or neutered only if the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group does both of the following: (1) Requires a written agreement, executed by the recipient, acknowledging the cat is not spayed or neutered and the recipient agrees in writing to be responsible for ensuring the cat will be spayed or neutered within 30 business days after the agreement is signed. Amended by Stats.1957, c. 1972, p. 3520, 47; Stats.1971, c. 1470, p. 2908, 22.). (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. 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. Once more,its extremely important to check into local animal control ordinances. Amended by Stats.2004, c. 253 (S.B.1301), 9. (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. Division 14.5. Dec. 14, 2001) . (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. In that case, the recipient may receive a reimbursement of the sterilization deposit by submitting to the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group within the sterilization period a signed letter from a veterinarian licensed to practice medicine in this state stating that the animal has died. 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. 6.1.701 Prohibition on harboring animals which make excessive noise. Any extension shall be in writing. The result of this approach is that the law of feral cats can, and often does, vary drastically within the same state. Consequently, feral cats do not fall under any authority or jurisdiction within our public institutions. This site is not a law firm and cannot offer legal advice. Under the Texas Animal Health and Safety Code, "custody" includes responsibility for the health, safety, and . Journal of the American Veterinary Medical Association 1993, 203, 449-452. 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. 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. Ct. App. ), 31751.3. (Stats.1957, c. 456, p. 1382, 4151. Feral Cats and the Law Cats and Wildlife > Cats and Predation Where have all the birds gone? 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. 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. Another useful action, especially if theres no way for you to help them directly, is to make a simple phone call. (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. Baker v. Middleton , C.A. 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. Ownership 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. Cal. (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. Under Virginia law, local governments may . See David Favre & Murray Loring, Animal Law 7 (1983); see also Eyrich v. Earl , 495 A.2d 1375, 1377 (N.J.Super. Ct. App. Many local laws are punitive. Center (2006)) . 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. 2023 Michigan State University College of Law. 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. M2005-00414-COA-R3-CV, 2006 WL 2805141, at *6 (Tenn. Ct. App. ), 31754. 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. Christman-Resch v. City of Akron , 825 N.E.2d 189, 676 n.1, 686 (Ohio Ct. App. See David Favre & Murray Loring, Animal Law 7 (1983) . (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. What does it mean to own a feral cat? Ct. Mar. 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. Spayed or neutered cats; reduction in fee. Division 4. (c) This section shall become operative on July 1, 2002. Birds and Mammals. Bin 440, Bakersfield, CA 93302. Part 3. Notice to animal control services agency of performances to be conducted (3) Some people care for or own feral cats. 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