Giving food to stray cats may seem like a noble gesture at first sight. 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 main reason is that feeding feral cats can lead to the proliferation of colonies in the city. "Pets that are abandoned face the dangers of the elements, predators, other animals, vehicles and even humans. (Added by Stats.2000, c. 567 (A.B.2754), 4. This rationale is less persuasive when applied to feral cats for two reasons. As noted in the feral cat discussion, some states have reduced the impoundment period for free-roaming cats. (c) Public animal control agencies or shelters, society for the prevention of cruelty to animals shelters, humane society shelters, and rescue groups may enter into cooperative agreements with each other and with veterinarians in lieu of requiring spaying and neutering deposits to carry out this section. The most significant responsibility would be the imposition of strict liability on keepers and caretakers of feral cats in jurisdictions where keepers and caretakers are considered owners. See Restatement (Third) of Torts: Physical and Emotional Harm 22(a) (2005). M2005-00414-COA-R3-CV, 2006 WL 2805141, at *6 (Tenn. Ct. App. Ann. 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. 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. 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 answers to these questions can vary widely depending on where the individual lives. "The city will continue to monitor the situation and will investigate future funding opportunities.". 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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. This article addresses three primary legal questions. In Baker , the defendant fed and watered four cats that lived in the neighborhood. Commission does not consider feral cats to be a wild mam-mal or wildlife species as defined in Chapter 37 of the Nebraska statutes (37-246, 37-247). At least one other state, however, has taken a different approach. The key question in either case is whether the owner has a duty to control the cat's behavior. (c) This section shall become operative on July 1, 2002. They can't replace the diagnosis, advice, or treatment from a professional. See, e.g. 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. 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. Jan. 1, 2020. Unfortunately, animal abandonment is a growing problem. The problem noted in the Baylor Law Review article, however, is that this broadened definition of animal may expose a caretaker of a feral cat to criminal liability for neglect and abandonment if, at some point, she ceases to care for the animal. What's the city's plan on doing about the growing problem at hand? Food & Agric. However, it's important to look into the local laws where you live, including laws that may apply to your specific community or neighborhood. First, how does feeding feral cats negatively impact the community? 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. Amended by Stats.1985, c. 1290, 3. Landowners' rights and responsibili-ties regarding the management of feral cats will continue Ct. App. These laws should apply to all cats, not just owned, family animals. The fines shall be paid to the local municipality or public animal control agency or shelter, society for the prevention of cruelty to animals shelter, or humane society shelter. Upon moving into the home, the family noticed that many domestic and feral cats were frequently coming onto their property, and the cats had been defecating and urinating in the plaintiffs yard. "If a temporary or permanent home cannot be found, owners can always bring their pet to any of the Kern County Animal Control shelters in Bakersfield, Mojave and Lake Isabella. Drop off is between 9-9:30am Tuesday-Friday only. Regulation of Cats Generally. I suspect that people have been abandoning strays knowing that they would be fed. The same level penalty can apply, or the penalties may increase upon a second or third violation. (4) Issues a check for insufficient funds for any spaying or neutering deposit required under this chapter. . 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 Similarly, Delaware defines a keeper of a stray cat as any person who has possession of or control over the animal and has fed the cat for three or more consecutive days. Enforcement 6.1.801 Entry on premises to seize and impound animals. That's primarily because of the low volume of vehicles and trains -- typically only two per day. For purposes of this subdivision, raw fur has the same meaning as defined in Section 4005. "The application includes ranking the existing at-grade crossing on a formula that considers several aspects of the existing crossing. 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. They typically do not care where the feral cat spends most of its time, they rarely try to confine it, and their interaction is generally limited to providing the animal with food and water. Nongame Mammals. Further, it is a misdemeanor for a cat owner to fail to pay any license tax required by this chapter before February 1 for the year in which it is due. Va. Code Ann. (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. We will do our best to find a second home for your pet. Ct. Mar. Chapter 3. A non-domesticated mammalian predator shall include coyotes, raccoons, foxes, opossums, bears, mountain lions, and bobcats. Neutering of feral cats as an alternative to eradication programs. Further, feral cat caretakers in these jurisdictions may have a difficult time protecting feral cat colonies from animal control agencies and the actions of private citizens. Local ordinances concerning the adoption or placement procedures of any animal shelter shall be at least as restrictive as this chapter. Since conditions can vary from one place to another,its good to seek out the specific animal control regulations where you live. High 49F. Simultaneously, this system would allow the casual good Samaritan to feed a feral cat without fear of liability. We can help put people in touch with resources if they are looking to have their pet spayed or neutered and we urge the public to contact us at animalcontrol@co.kern.ca.us for more information or call Monday-Friday between 8 a.m. and 5 p.m. at 321-3000.". Also, if feeding wild animals is prohibited and the law doesn't clearly define feral cats as domestic animals, it should be addressed. (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. Wild Mammals, Defined, Neb. 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. (b) A public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group may extend the date by which spaying or neutering is to be completed at its discretion for good cause shown. Hart Park is within county jurisdiction. However, you may be surprised to find out that experts advise against the practice of feeding feral animals. . 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. 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. (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. See id. (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. , 746 N.Y.S.2d 747, 750 (N.Y. App. (a)(1) If a recipient fails to comply with the spaying or neutering agreement within 30 business days after the agreement is signed, the recipient shall forfeit the sterilization deposit and is subject to a fine pursuant to Section 31763. 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. Under Virginia law, local governments may prohibit any person other than a releasing agency that has registered as such annually with local animal control from owning a cat four months old or older within such locality unless such cat is licensed as provided by this article. Va. Code Ann. The court went on to reject two alternative theories of negligence proffered by the plaintiff. These cats damaged the plaintiffs home, destroying insulation, a vapor barrier, and duct work. Holding period for impounded cats, (Added by Stats.1980, c. 1060, p. 3397, 2. The court rejected this argument because, as a factual matter, the record showed that a local organization returned the cats to the neighborhoodnot the defendant. 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. (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. West's Ann. "There is a California law that prohibits the abandonment of animals PC 597s(a): 'Every person who willfully abandons any animal is guilty of a misdemeanor.' 2, 2007) (pdf file - 628.01 KB). 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. "To increase the chances of finding a successful placement for your pet, we ask pet owners to bring in their current medical records and provide as much background information as possible so we can use the information to speak with potential adopters. See David Favre & Murray Loring, Animal Law 2125 (1983) . 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. Second, the article addresses the question of . (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. The town ordinance required [e]very person responsible for an animal located within the City to ensure that such animal . 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. 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. One commentator who has analyzed the issue in Texas raised the possibility that an individual who cares for a feral cat could be held criminally liable for abandonment if that individual ceased to provide the cat with food and water or failed to pay for the cats necessary medical treatment. . The county ordinance, which the court found to be the controlling law in the case, stated that [i]t shall be unlawful for a person to provide food, water or shelter to a colony of feral cats. However, the county ordinance explicitly exempted individuals who provide food, water or shelter in conjunction with an authorized TNR program. 964, 97374 (Fall 2008) . Special Provisions Applicable to Counties with a Population of Less Than 100,000 Persons. Jan. 1, 2020.). Ownership 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. Center (2006)) . Feb. 16, 2007) . Keepers and caretakers provide a valuable service, and the law should not discourage these individuals from caring for animals in need. 6.1.701 Prohibition on harboring animals which make excessive noise. at 96667. Id. 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. (Formerly 31751, added by Stats.1970, c. 1303, p. 1303, 1. Jan. 1, 2016; Stats.2019, c. 216 (A.B.273), 12, eff. Nongame Mammals. Rev. There is a California law that makes abandoning an animal a crime. 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. With some exceptions, cats are required to be held for six days, pending retrieval by their owners or adoption by the . This interpretation of the law may be further supported, however, by the fact that state and local governments found it necessary to enact feral cat legislation in the first place. 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. When to Separate a Kitten from Its Mother, Invasive Rats and Their Influence on Reef Fish, The Giant Golden-Crowned Flying Fox, the World's Largest Pollinator, One way to help cats or any other stray animals is to. Rather, they typically authorize local governments to enact their own ordinances. My Animals A blog on tips, care and everything related to the world of animals. 2012 2023 . Generally, the period of retention for an owner to reclaim his or her pet is between 72 hours and ten days. 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. If you've been feeding a cat for several days and can still not approach or touch the cat, it is probably feral. 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. at 45; see also McElroy v. Carter , No. 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. We'll tell you want you need to know. Super. "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. 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. (3) Some people care for or own feral cats. (b) 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 subdivision (a). 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. 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. Receiving a fine for giving food to feral cats or any other animals isnt common, but it can happen. Cal. Penal Code 42.092 , 60 Baylor L. Rev. Part 3. Id . 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. Its important to point out thatfeeding feral cats isnt the only way (or best way) to help these animals. See id. An estimated 10-12% of the American public feed community cats. Similarly, some states classify feral cat caretakers as owners and further require owners to spay and neuter their pets or immunize them against rabies. Feral domestic cats would almost certainly not be considered wild animals, since domestic cats have, by definition, been generally domesticated and are generally unlikely to cause personal injury. (4) Feral cats pose particular safety hazards for animal shelter employees. at 10. 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. The letter shall include a description of the cat. Many state and local governments have not directly addressed the issues of ownership and responsibility related to feral cats. 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. 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. and 3) feeding bans Excludes community cat sponsors and caretakers from definition of "custody" as defined in Sec. These cats breed, multiply, fight, and spread diseases to one another. 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. (Added by Stats.1973, c. 361, p. 803, 4. Virginias comprehensive 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. (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). . Regulation of Cats Generally. 32.1302 Food Left Outside for Any Animal During Certain Hours. (2) Feral cats are cats with temperaments that are completely unsocialized, although frightened or injured tame pet cats may appear to be feral. All rights reserved. 2005) . ), 31752.5. Thus, because the defendant was participating in a TNR program, the county ordinance could not serve as a basis for finding that the defendant was negligent in caring for the feral cats. In todays article, well tell you why feeding stray cats can be harmful and sometimes even illegal. 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. 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. Further, the statute provides that any refusal to permit any animal control officer to impound such cat shall be deemed evidence of ownership . Pickup is the same day beginning at 3:30-4:00p.m. (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. RI ST 4-24-3 . 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. Family animals exempted individuals who provide food, water or shelter in conjunction an. ( 1983 ) shall establish the amount of the elements, predators, other animals isnt,! System would allow the casual good Samaritan to feed a feral cat fear... Apply to all cats, not just owned, family animals check for insufficient funds for spaying. Any spaying or neutering of feral cats for two reasons the elements, predators other! 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