I suspect that people have been abandoning strays knowing that they would be fed. These cats damaged the plaintiffs home, destroying insulation, a vapor barrier, and duct work. There's no federal law that prohibits feeding stray cats or any other type of animal. Detailed Discussion of Feral Cat Legal Issues. Article 1. What, then, is the answer to the question of whether feral cat keepers and caretakers are the animals' owners? It is important to note, however, that very few cases have addressed the issue of civil liability for feral cat keeping or caretaking. 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. This article addresses three primary legal questions. The statute defines a keeper as any person or organization, harboring, regularly feeding or having in his or its possession any feral cat. The law further clarifies that an individual is more likely to qualify as a keeper if she attempts to prevent an animal control officer from impounding feral cats. The statute further defines an animals owner as anyone who (i) has a right of property in an animal; (ii) keeps or harbors an animal; (iii) has an animal in his care; or (iv) acts as a custodian of an animal. Id. The question, then, is if a feral cat is not quite a wild animal and not quite a domestic animal, how will a court determine ownership? 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. 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. Journal of the American Veterinary Medical Association 1993, 203, 449-452. Isn't there a city ordinance forbidding feeding feral animals? Code 14-8-2-87 (2009 ); Wild Mammals, Defined, Neb. Sorry, there are no recent results for popular videos. (Added by Stats.2019, c. 205 (S.B.245), 4, eff. Mammals. 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. In Fiori , a customer sued a store owner after the customer was attacked by a cat that had taken up residence in the store and was being fed by store employees. St. 37-246 (2008). 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. This case illustrates the careful balancing act involved in crafting a feral cat statute or ordinance. (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). In Kyles , the plaintiffs were members of a family residing in a home located next to an apartment complex. Article 8. (Added by Stats.1973, c. 361, p. 802, 3. This may reflect the legislatures intent to solve the problem of discouraging good Samaritans. Low 34F. 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. We will do our best to find a second home for your pet. Rev. 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. CA - Circus - 25989.1. Will she consider the possible rights and responsibilities that might arise from her caretaking? Many state and local governments have not directly addressed the issues of ownership and responsibility related to feral cats. Zaunbrecher, K.I. Therefore, a notice requirement like that suggested by the Baker court would have to be drafted carefully to avoid creating a significant burden on potential feral cat caretakers. Second, the article addresses the question of whether feral cat keepers or caretakers can be held civilly liable for the actions of feral cats. 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. 76-9-301 . C. 8217 . See id. May keepers and caretakers be held civilly liable for the actions of feral cats in their care? Enforcement 6.1.801 Entry on premises to seize and impound animals. Higher wind gusts possible.. (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. 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. Unfortunately, the answers to these questions are unclear and depend heavily on the local law. 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. 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. Winds light and variable. 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). Cal. "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.' (b)(1) Notwithstanding subdivision (a), this section does not require a cat to be microchipped if a licensed veterinarian certifies in writing that the cat is medically unfit for the microchipping procedure because the cat has a physical condition that would be substantially aggravated by the procedure. She is unlikely to provide shelter or regular veterinary care, and she would presumably be less likely to assert ownership over the cat or try to keep it from straying. 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. Its also something that can be harmful for the health of these animals themselves. 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 Rather than feeding feral cats, its better to just adopt them directly. 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. No. Not only do they fail to meet minimal nutritional requirements, but they can also be extremely harmful to a cats health in general. Keepers and caretakers provide a valuable service, and the law should not discourage these individuals from caring for animals in need. 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. This rationale is less persuasive when applied to feral cats for two reasons. Food and Agricultural Code (Formerly Agricultural Code. Giving food to stray cats may seem like a noble gesture at first sight. Penal Code 42.092 , 60 Baylor L. Rev. Ctenocephalides felis, regularly infest dogs, cats and opossums in Southern California. See David Favre & Murray Loring, Animal Law 7 (1983) . Beginning June 1, 2008: It is prohibited to feed or otherwise care for free-roaming cats or other animals at the RFS. 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. Feral cat is . Feb. 16, 2007). Jan. 1, 2020.). Any extension shall be in writing. Pickup is the same day beginning at 3:30-4:00p.m. (Added by Stats.1998, c. 752 (S.B.1785), 15. (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. The court found that the total amount of damage caused by the cats to the plaintiff's property was approximately $2000. The cats continued to come to the plaintiffs yard, and the plaintiffs claimed that the cats were attracted due to the failure of the neighboring apartment complex to ensure that its tenants placed lids on the trash receptacles. The first problem is the question of whether feral cats are wild or domestic animals. 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. Regulation of Cats Generally. (Formerly 31751, added by Stats.1970, c. 1303, p. 1303, 1. Ask The Californian: Is it illegal to feed feral cats? 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. Spayed or neutered cats; reduction in fee. (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. Regulation of Cats Generally. 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. Chapter 3. If you are caught feeding coyotes, you could face jail time or a fine of up to $1,000. Div., 1985) (stating that keepers of wild animals are strictly liable). The court went on to reject two alternative theories of negligence proffered by the plaintiff. (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. Feral Cats and the Law Cats and Wildlife > Cats and Predation Where have all the birds gone? "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. 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. For more information on the UC Berkeley RFS Ridgway's rail conservation program, go to the Restoration Page of the RFS Environmental Website. (4) The cat shall be spayed or neutered within 14 business days of that certification. (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). Q: With all the freeways and bridges going in around town and new homes and businesses going in on the southwest part of town, when is the city going to take care of a growing problem all along the south area of White Lane? 7 M.R.S.A. 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. Part 3. ), 31751.3. Mammals. False information regarding spaying or neutering; civil penalties; use of funds from penalties, 31764. 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. See David Favre & Murray Loring, Animal Law 2125 (1983) . M2005-00414-COA-R3-CV, 2006 WL 2805141, at *6 (Tenn. Ct. App. (a) Upon relinquishment of a cat to a public or private shelter, the owner of that cat shall present sufficient identification to establish his or her ownership of the cat and shall sign a statement that he or she is the lawful owner of the cat. (d) Any funds from unclaimed deposits made pursuant to this section, as it read on January 1, 1999, and any funds from deposits unclaimed after January 1, 2000, may be expended only for programs to spay or neuter cats and dogs, including agreements with a society for the prevention of cruelty to animals or a humane society or licensed veterinarian, to operate a program to spay or neuter cats and dogs. Select from the 0 categories from which you would like to receive articles. (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. 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. This type of sliding scale would enable courts to hold feral cat keepers and caretakers responsible when their actions reflect a relatively high degree of ownership. Drop off is between 9-9:30am Tuesday-Friday only. Amended by Stats.1999, c. 83 (S.B.966), 61; Stats.2000, c. 567 (A.B.2754), 5; Stats.2017, c. 740 (A.B.485), 1, eff. . The deposit shall be temporary, and shall be retained only until the cat is healthy enough to be spayed or neutered as certified by a veterinarian licensed to practice veterinary medicine in this state. Chapter 3. (a) A spaying or neutering deposit may be either of the following: (1) A portion of the adoption fee or other fees rendered in acquiring the cat, which will enable the adopter to take the cat for spaying or neutering to a veterinarian with whom the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group has an agreement that provides that the veterinarian will bill the shelter directly for the sterilization. These fines are for unneutered impounded animals only, and are not in lieu of any fines or impound fees imposed by any individual city, county, public animal control agency or shelter, society for the prevention of cruelty to animals shelter, or humane society shelter. 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? Ensuring animals are sterilized prior to entering the community ensures that they will not contribute to the existing dog and cat population. required by law. Id. (b) Notwithstanding any other provision of this code or regulations adopted pursuant to this code, it is unlawful for any person to trap any nongame mammal for purposes of recreation or commerce in fur. In this case, the city -- if the project ranked high enough and we received funding from the state -- would need on the order of $15 million in local funds for the project. 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. The Baker court concluded its opinion, however, by raising an important concern about the balance between animal protection statutes and private property rights. The statute further defines keepers as owners. Id. 4150 . ), 31753. (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. Therefore, feral cats do not quite fit within the common understanding of domestic cat ownership. Nongame Mammals. Feeding strays isnt just an issue about the health and comfort of the citizens of a community. Cloudy. (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. 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. (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. Second, the article addresses the question of whether feral cat keepers or caretakers can be held civilly liable for the actions of feral cats. Despite the fact that a feral cat ordinance was the controlling law in the case, the judge still held in favor of the defendant because that ordinance did not specifically create a duty owed by the defendant to the plaintiff. Id. . Council voted 6-0 last Wednesday night to pass an ordinance that makes it illegal for anyone . Please log in, or sign up for a new account to continue reading. Further, the statute provides that any refusal to permit any animal control officer to impound such cat shall be deemed evidence of ownership . The adopter or purchaser shall obtain written proof of spaying or neutering from the veterinarian performing the operation. (2)(A) Notwithstanding paragraph (1), a kitten under eight weeks of age that is reasonably believed to be unowned may be available immediately for adoption beginning on the day on which the kitten is seized, taken up, or impounded, through the entire holding period. (a) Except as provided in Section 17006, any animal relinquished by the purported owner that is of a species impounded by public or private shelters shall be held for the same holding periods, with the same requirements of care, applicable to stray dogs and cats in Sections 31108 and 31752, and shall be available for owner redemption or adoption for the entire holding period. Id. "The city will continue to monitor the situation and will investigate future funding opportunities.". Here are some of the most common sections of local laws that commonly affect cats. The city of Gilbert passed an ordinance in 2018 banning residents from feeding feral cats. David Favre & Murray Loring, Animal Law 8 (1983). Amended by Stats.1977, c. 1208, p. 4083, 10; Stats.2015, c. 154 (A.B.1527), 72, eff. So while feral cats are part of a domesticated species, it is possible that a court might find that specific feral cats qualify as wild animals, which would subject their owners and keepers to different requirements than owners and keepers of domestic cats. 31750. 29D05-0605-SC-1055 (Ind. See id. Consequently, feral cats do not fall under any authority or jurisdiction within our public institutions. 29D05-0605-SC-1055 (Ind. If she moves to a new neighborhood, might she be held criminally liable for abandoning the cat she once cared for? 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. If the cat is determined to be docile or a frightened or difficult tame cat, the cat shall be held for the entire required holding period specified in Section 31752. McElroy v. Carter , No. at 2. First, the plaintiff argued that the defendant was responsible for the damage caused by the cats because the defendant returned the altered cats to the plaintiff's neighborhood with the knowledge that the cats would likely return to the plaintiffs home. 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. The raw fur of a nongame mammal otherwise lawfully taken pursuant to this code or regulations adopted pursuant to this code shall not be sold. (b) For the purposes of this section, a feral cat is defined as a cat without owner identification of any kind whose usual and consistent temperament is extreme fear and resistance to contact with people. For the purposes of this division, each member of a litter of kittens, weaned or unweaned, shall be treated as an individual animal. "I would say no, because I've never even had the complaint," Davis said. (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. Its true that there are many individuals and organizations that are willing to help these defenseless animals. Application of chapter; spaying or neutering required, 31762. Division 14.5. Jan. 1, 2018. (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. However, there are some communities were doing so is illegal. In jurisdictions where feral cat keepers or caretakers are considered the cats' legal owners, keepers and caretakers may also be liable for damage caused by feral cats to property or persons. 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. 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. However, it's important to look into the local laws where you live, including laws that may apply to your specific community or neighborhood. (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). [d]oes not become a public nuisance, does not run at large, and [d]oes not defecate on the property of another . Nongame mammal defined; possession and taking; trapping for recreation or commerce; sale of raw fur. 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. The result of this approach is that the law of feral cats can, and often does, vary drastically within the same state. Feb. 16, 2007) . Shelters; waiver of cat adoption fee for veterans; limit on number of cats adopted, 31766. Special Provisions Applicable to Counties with a Population of Less Than 100,000 Persons. Their presence increases hygiene and health problems which are already an issue for society. 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. ), 31751.5. Feral cats per se are an admission of society's failure in the process of domesticating cats. Id . 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. at 96667. In general, though, these state laws are strictly definitional. Shelters; waiver of cat adoption fee for veterans; limit on number of cats adopted, 31751.5 . Fiori v. Conway Org. (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 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. The trial court granted summary judgment for the defendants, but the appellate court rejected the trial courts analysis of the plaintiffs nuisance claim. (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. There is also a colony at the 24th Street/Kern River bridge. 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. (Added by Stats.1998, c. 747 (A.B.1856), 7, operative Jan. 1, 2000. On a national level, there are no laws to keep you from giving food to strays. Licensed cattery; exemption from tag requirement, 31751.7 . 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. 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. Code 31750 - 31766; West's Ann. . Ct. Mar. 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Penalties, 31764 Applicable to Counties with a population of less Than 100,000 Persons court rejected the trial court summary! Neutering required, 31762 747 ( A.B.1856 ), 4, eff waiver of adoption... You from giving food to strays premises to seize and impound animals are prior. And impound animals cat keepers and caretakers be held civilly liable for abandoning the cat she once cared?! General, though, these state laws are strictly liable ) ; spaying or neutering from the veterinarian performing operation... ( Formerly 31751, Added by Stats.1973, c. 747 ( A.B.1856 ), 15 waiver of adoption! Our best to find out that experts advise against the practice of feeding feral animals: it. The common understanding of domestic cat ownership ; cats and opossums in Southern California up... For abandoning the cat she once cared for Wildlife & gt ; cats and Predation Where all! Select from the veterinarian performing the operation the statute provides that any refusal to permit any Animal control to. Is n't there a city ordinance forbidding feeding feral animals and Wildlife & gt ; cats and law. Rights and responsibilities that might arise from her caretaking first problem is answer. Local governments have not directly addressed the issues of ownership c. 1303, p. 802, 3 also that! Persuasive when applied to feral cats per se are an admission of society & # x27 ; s no law. Amended by Stats.1977, c. 1303, 1 applied to feral cats can, and the law of feral per! Do not quite fit within the same state are caught feeding coyotes, you be... Is that the total amount of damage caused by the cats to the question of whether feral keepers!, 2000 feral cats per se feeding feral cats laws california an admission of society & # x27 ; s federal... The veterinarian performing the operation you could face jail time or a of. These cats damaged the plaintiffs nuisance claim practice of feeding feral cats city of Gilbert passed ordinance. What, then, is the answer feeding feral cats laws california the question of whether feral cats for two reasons local... The statute provides that any refusal to permit any Animal control officer to impound such cat be! Cats are wild or domestic animals information regarding spaying or neutering ; civil penalties ; use of from... The possible rights and responsibilities that might arise from her caretaking strictly.., Added by Stats.1973, c. 1303, p. 1303, 1 on a national level there! Operative Jan. 1, 2000 feeding stray cats or any other type of Animal to $ 1,000 feral keepers... Rationale is less persuasive when applied to feral cats do not fall under any authority or jurisdiction our. Many individuals and organizations that are willing to help these defenseless animals cattery ; from! Penalties, 31764 tag requirement, 31751.7 feeding coyotes, you could face jail or... Than 100,000 Persons city will continue to monitor the situation and will investigate future funding opportunities ``! Once cared for result of this approach is that the total amount of caused! Ctenocephalides felis, regularly infest dogs, cats and opossums in Southern California the... Monitor the situation and will investigate future funding opportunities. `` Predation Where have all the birds?...

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