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). "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. (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. "Historically, the city has received about $5 million for each project through this program. The court accepted the plaintiff's claim that the aggressive tendencies of stray and feral cats pose certain risks that domestic housecats do not, especially when they are cornered by human. 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. This site is not a law firm and cannot offer legal advice. required by law. According to different laws and regulations around the country,feeding stray cats is a problem for neighbors. For more information on the UC Berkeley RFS Ridgway's rail conservation program, go to the Restoration Page of the RFS Environmental Website. At least one other state, however, has taken a different approach. (3) Some people care for or own feral cats. 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 rejected this argument because, as a factual matter, the record showed that a local organization returned the cats to the neighborhoodnot the defendant. Pickup is the same day beginning at 3:30-4:00p.m. Jan. 1, 2019; Stats.2019, c. 8 (A.B.1565), 1, eff. 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. On the other hand, in cases like McElroy where the owner had no reason to foresee any damage or injury that her cat might cause, a court may be unlikely to find that such a duty exists. Since 2006, Los Angeles and Orange Counties have had 122 reported human cases of this disease; all but one of the cases . (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. (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. (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. Amended by Stats.2022, c. 549 (A.B.2723), 2, eff. Credits(Added by Stats.2019, c. 205 (S.B.245), 5, eff. 6.1.802 Authority to arrest and to issue notices to appear. Amended by Stats.1985, c. 1290, 3. (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. On a national level, there are no laws to keep you from giving food to strays. 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. Holding of other impounded animals. 4150 . "Pets that are abandoned face the dangers of the elements, predators, other animals, vehicles and even humans. In short, we are in bad need of a couple of bridges over here, folks. So we talked to Maggie Kalar, a spokeswoman for the Kern County Animal Control Department, who told us: "There is no county ordinance that prohibits the feeding of feral animals. Don't try to handle a feral cat. (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. If the cat is determined to be truly feral, the cat may be euthanized or relinquished to a nonprofit, as defined in Section 501(c)(3) of the Internal Revenue Code,1 animal adoption organization that agrees to the spaying or neutering of the cat if it has not already been spayed or neutered. 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. 32.1302 Food Left Outside for Any Animal During Certain Hours. 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. And these colonies can be a threat to public health. For purposes of this subdivision, raw fur has the same meaning as defined in Section 4005. 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). 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. 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. Anyone who abandons animals at any location in the county is included. Second, the article addresses the question of . High 49F. Detailed Discussion of Feral Cat Legal Issues. In Kyles , the plaintiffs were members of a family residing in a home located next to an apartment complex. And a feral cat, generally speaking, is less likely to be tame than a domestic housecat. 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. Plum officials have enacted a new law in order to discourage residents from taking care of feral cats. Consequently, feral cats do not fall under any authority or jurisdiction within our public institutions. (6) If the adopter or purchaser presents proof of spaying or neutering to the entity from which the cat was obtained within 30 business days of obtaining the proof, the adopter or purchaser shall receive a full refund of the deposit. 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. 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. Credits(Added by Stats.2020, c. 108 (S.B.573), 2, eff. If the animal ends up suffering or passing away due to conditions related to the abandonment, the animal owner could face even more serious charges. ), 31751.6. 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. C. 8217 . 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. Another useful action, especially if theres no way for you to help them directly, is to make a simple phone call. In the case of any doubt, it's best to consult a trusted specialist. Feral cats may approach you when they are extremely hungry, but they will only eat the food you've given them once you've walked away. When a person sees a malnourished kitten roaming her neighborhood, her first instinct is often to stop and help. 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. 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. 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. But see Allen v. Cox , 942 A.2d 296, 304 (Conn. 2008) (holding that when a cat's owner knows that the cat has a propensity to be violent, the owner may be liable for reasonably foreseeable injuries caused by the cat's aggressive behavior). Chapter 3. Jan. 1, 2020. As noted in the feral cat discussion, some states have reduced the impoundment period for free-roaming cats. 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. Div., 1985) (stating that keepers of wild animals are strictly liable). These statutes comprise California consolidated cat laws. Low 34F. The statute explicitly includes feral cats in its definition of companion animal. Va. Code Ann. In states and local jurisdictions where caretakers or keepers of feral cats are considered owners, it is quite possible that a feral cat caretaker could be subject to tort liability for trespass and nuisance claims. This subdivision is applicable within any county. . (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. Animal Cruelty. at 45; see also McElroy v. Carter , No. The many feral cats in Hart Park never seem to be lacking for food with many going to the park on a regular basis volunteering their time and expenses to feed the cats. Regulation of Cats Generally. Feral cats per se are an admission of society's failure in the process of domesticating cats. 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. The caretaker in that case merely fed and watered the cats. (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). Ct. Mar. What, then, is the answer to the question of whether feral cat keepers and caretakers are the animals' owners? With some exceptions, cats are required to be held for six days, pending retrieval by their owners or adoption by the . Licensed cattery; exemption from tag requirement, 31751.7 . Nongame Mammals. Rather, they typically authorize local governments to enact their own ordinances. 964 (Fall 2008) . Holding period; owner redemption. 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 case illustrates the careful balancing act involved in crafting a feral cat statute or ordinance. Repealed by Stats.1999, c. 81 (A.B.1482), 1, operative July 1, 2000. 510 I.L.C.S. 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. Id. H028774, 2007 WL 495897 (Cal. Jan. 1, 2023.). (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. 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. at 26. "I would say no, because I've never even had the complaint," Davis said. In general, though, these state laws are strictly definitional. 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. If you've been feeding a cat for several days and can still not approach or touch the cat, it is probably feral. Second, the article addresses the question of whether feral cat keepers or caretakers can be held civilly liable for the actions of feral cats. Repealed by Stats.1985, c. 1290, 2, 31751.3 . 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. Code 14-8-2-87 (2009. 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. 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. Amended by Stats.1957, c. 1972, p. 3520, 47; Stats.1971, c. 1470, p. 2908, 22.). TNR. (Added by Stats.1998, c. 752 (S.B.1785), 14. Concern for animal welfare is typically the driving force behind feral cat legislation, but it is important that animal welfare advocates adequately address the concerns of property owners who may be adversely affected by feral cat colonies. 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). . 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. (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. 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. 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. Therefore, the probability of the city receiving funding from the state is very low. Finally, the court dismissed the plaintiff's trespass claim for lack of evidence. Amended by Stats.1998, c. 752 (S.B.1785), 13, operative July 1, 1999; Stats.2000, c. 567 (A.B.2754), 3; Stats.2011, c. 97 (A.B.222), 5; Stats.2018, c. 194 (A.B.2791), 3, eff. Implementation of a Feral Cat Management Program on a University Campus. (2) The entity shall establish the amount of the deposit at the level it determines is necessary to encourage the spaying or neutering of cats. (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. This includes anyone that is abandoning animals at any location in the county. Fish & G. Code 4150 - 4151, CA FOOD & AG 31750 - 31766; CA FISH & G 4150 - 4151. Its also something that can be harmful for the health of these animals themselves. Division 14.5. Licensed cattery; exemption from tag requirement. Id. West's Ann. Special Provisions Applicable to Counties with a Population of Less Than 100,000 Persons. 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 ? Determining when a feral cat caretaker may be criminally liable is a complex issue that has not been extensively addressed. This list is not meant to be a comprehensive list of all laws impacting feral/community cats. Ownership Division 4. Its important to point out thatfeeding feral cats isnt the only way (or best way) to help these animals. 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. Fish and Game Code. (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). You have permission to edit this article. Article 1. First, feral cats are members of the same species as domestic cats. Section 17006 shall also apply to these animals. Kyles v. Great Oaks Interests , No. St. 37-246 (2008). A nongame mammal may not be taken or possessed except as provided in this code or in accordance with regulations adopted by the commission. 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. "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. To understand the varying approaches taken by each state, it is instructive to look at those states that authorize local governments to enact ordinances regulating feral cat ownership. We hope that you continue to enjoy our free content. 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. 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. This article addresses three primary legal questions. Since feral catslack rigorous controls by a veterinarian, they can carry a variety of illnessesNot to mention that they produce unpleasant smells and messes as well as bothersome noises. Providing resources to facilitate these efforts, including educational materials and funding, will help ensure their success. (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. For the rules in the city, we turned to Tammy Davis, animal control supervisor for the city of Bakersfield, who cited a section of code that defines prohibited activity in city parks. Upon adoption, sale, giving away, or transfer of ownership, the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group shall provide information on the transference of ownership, including microchip company information, the microchip number and any other relevant identifiers, and any other information needed for an owner or new owner to register themselves as the microchip's primary contact, as applicable. Given the status of feral cats as companion animals, anyone who provides food, water, or shelter to a feral cat would almost certainly fall under Virginias definition of an owner.. (4) Issues a check for insufficient funds for any spaying or neutering deposit required under this chapter. 6.1.803 Obstructing officers unlawful. Winds N at 15 to 25 mph. Food and Agricultural Code (Formerly Agricultural Code. Not only do they fail to meet minimal nutritional requirements, but they can also be extremely harmful to a cats health in general. Cloudy. ), 31753. That's primarily because of the low volume of vehicles and trains -- typically only two per day. Jan. 1, 2020; Stats.2022, c. 469 (S.B.856), 17, eff. Sorry, there are no recent results for popular videos. 6.1.701 Prohibition on harboring animals which make excessive noise. 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. In determining whether the nuisance claim could be decided on summary judgment in favor of the defendants, the appellate court evaluated whether the plaintiffs had adequately shown that the defendants owed them a legal duty of care, that the defendants breached that duty, and that the breach was the cause of the plaintiffs damages. Special Provisions Applicable to Counties with a Population of Less Than 100,000 Persons. 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. The court found that the total amount of damage caused by the cats to the plaintiff's property was approximately $2000. "Such a project would cost on the order of $20 million. The public or private shelter may enter into cooperative agreements with any animal rescue or adoption organization. (b) Any person who provides false information pursuant to this subdivision about his or her ownership of the cat shall be liable to the true owner of the cat in the amount of one thousand dollars ($1,000). at *14. The plaintiff argued that a town ordinance and a county ordinance independently imposed a duty on the defendant to control the cats and prevent them from damaging the plaintiff's property. 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. The contents of My Animals are written for informational purposes. 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. 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.). Article 8. Birds and Mammals. Holding period; owner redemption, 31755. 3.2-6587(A)(2 ). No, that was not a typo, there is potential criminal liability for feeding feral cats. (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. and 3) feeding bans Excludes community cat sponsors and caretakers from definition of "custody" as defined in Sec. Only thirteen states and the District of Columbia have enacted statutes that mention feral cats, and none of those statutes directly address liability. However, its important to look into the local laws where you live, including laws that may apply to your specific community or neighborhood. Although the plaintiffs attempted to trap the cats and bring them to animal control, the animal shelter ultimately told the plaintiffs that the shelter did not have room to house any more cats. In todays article, well tell you why feeding stray cats can be harmful and sometimes even illegal. Nonspayed or unneutered cats; fines. , Exotic Mammal, Ind. Similarly, some states classify feral cat caretakers as owners and further require owners to spay and neuter their pets or immunize them against rabies. In contrast, keepers and caretakers usually care for feral cats where they find them, exercising a limited degree of control over the animals. Generally, the period of retention for an owner to reclaim his or her pet is between 72 hours and ten days. Ct. App. 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? Detailed Discussion of Feral Cat Legal Issues. 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