A non-domesticated mammalian predator shall include coyotes, raccoons, foxes, opossums, bears, mountain lions, and bobcats. These important distinctions would explain why some states have specifically excluded feral cats from their statutory definitions of exotic or wild animals. Many state and local governments have not directly addressed the issues of ownership and responsibility related to feral cats. (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. (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. (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. They can't replace the diagnosis, advice, or treatment from a professional. At least one other state, however, has taken a different approach. 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. Article 1. Since conditions can vary from one place to another,its good to seek out the specific animal control regulations where you live. Q: The cat population in Hart Park appears to be out of control. The answers to these questions can vary widely depending on where the individual lives. (For further discussion of general issues pertaining to feral cats and feral cat colonies, see Anthony B. Lacroix, Feral Cats , Animal Legal & Hist. Consequently, feral cats do not fall under any authority or jurisdiction within our public institutions. Id. 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. However, at least two sources, the Baylor Law Review article and Baker ,indicate that courts and juries may be unwilling to afford protection to feral cats or assign responsibilities to their caretakers when those rights and responsibilities have not been explicitly outlined by a statute or local ordinance. Amended by Stats.2000, c. 57 (A.B.1786), 2, operative July 1, 2001; Stats.2000, c. 567 (A.B.2754), 7.5, operative July 1, 2002.). No, that was not a typo, there is potential criminal liability for feeding feral cats. 32.1302 Food Left Outside for Any Animal During Certain Hours. Jan. 1, 2020.). 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. 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. Hughes, K.L. (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. Ctenocephalides felis, regularly infest dogs, cats and opossums in Southern California. Feral Cats and the Law Cats and Wildlife > Cats and Predation Where have all the birds gone? Please log in, or sign up for a new account and purchase a subscription to continue reading. Licensed cattery; exemption from tag requirement. Jan. 1, 2020; Stats.2022, c. 469 (S.B.856), 17, eff. Second, keepers and caretakers do not exercise the level of control over feral cats that owners of wild animals exercise over those animals. Ct. Mar. at 2. Regulation of Cats. Jan. 1, 2020. In doing so, it is unlikely that the individual will carefully consider the legal ramifications of her actions before giving the cat food and water or bringing it into her garage to give it shelter from the cold. Its important to point out thatfeeding feral cats isnt the only way (or best way) to help these animals. Christman-Resch v. City of Akron , 825 N.E.2d 189, 676 n.1, 686 (Ohio Ct. App. 6.1.802 Authority to arrest and to issue notices to appear. An estimated 10-12% of the American public feed community cats. Ownership Don't try to handle a feral cat. 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. Giving food to stray cats may seem like a noble gesture at first sight. In todays article, well tell you why feeding stray cats can be harmful and sometimes even illegal. Amended by Stats.2004, c. 253 (S.B.1301), 7.). The statute further defines keepers as owners. Id. 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. The town ordinance required [e]very person responsible for an animal located within the City to ensure that such animal . (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. There is also a colony at the 24th Street/Kern River bridge. (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. Holding period; owner redemption, 31755. 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. Birds and Mammals. (c) This section shall remain in effect only until July 1, 2024, and as of that date is repealed. Section 17006 shall also apply to these animals. Also, laws can state that a separate violation occurs to each animal involved. ), 31754. The court went on to reject two alternative theories of negligence proffered by the plaintiff. We'll tell you want you need to know. to what extent can a caretaker be liable for tort damages caused by feral cats? (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. Second, the article addresses the question of whether feral cat keepers or caretakers can be held civilly liable for the actions of feral cats. For the purposes of this division, each member of a litter of kittens, weaned or unweaned, shall be treated as an individual animal. , 746 N.Y.S.2d 747, 750 (N.Y. App. California CA Food & Ag Code 31752.5 Regulation of cats - . When a person sees a malnourished kitten roaming her neighborhood, her first instinct is often to stop and help. The contents of My Animals are written for informational purposes. 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. Id. The possibility of criminal penalties could serve as a significant deterrent to potential feral cat caretakers, thereby undercutting the statutes purpose of promoting the welfare of feral animals. 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 . 6.1.803 Obstructing officers unlawful. Division 4. Regulation of Cats Generally. ), 31751.6. (b) Deposits shall be in the amount determined by the shelter, but shall not be less than forty dollars ($40) and shall not exceed seventy-five dollars ($75). 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. Similarly, some states classify feral cat caretakers as owners and further require owners to spay and neuter their pets or immunize them against rabies. As a result, many criminal defendants who were arrested on animal cruelty charges were acquitted because their alleged crimes had been committed against feral animals. (Added by Stats.1998, c. 747 (A.B.1856), 7, operative Jan. 1, 2000. 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. (Added by Stats.1998, c. 747 (A.B.1856), 8, operative Jan. 1, 2000.). The problem is the train crossings, the only place you can cross when a train is blocking the tracks is Highway 99. David Favre & Murray Loring, Animal Law 8 (1983). Feral cats per se are an admission of society's failure in the process of domesticating cats. Second, the article addresses the question of whether feral cat keepers or caretakers can be held civilly liable for the actions of feral cats. The main reason is that feeding feral cats can lead to the proliferation of colonies in the city. In short, we are in bad need of a couple of bridges over here, folks. 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. , 825 N.E.2d 189, 676 n.1, 686 (Ohio Ct. App. Its also something that can be harmful for the health of these animals themselves. Fish & G. Code 4150 - 4151, CA FOOD & AG 31750 - 31766; CA FISH & G 4150 - 4151. 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? (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. (B) Forfeited to the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group if proof of spaying or neutering is not presented to the animal shelter within 30 business days. 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. Jan. 1, 2019; Stats.2019, c. 8 (A.B.1565), 1, eff. St. 37-246 (2008). (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. That way, you can avoid possible fines or other penalties. Id. Laws regarding the impoundment of dogs and cats are consistent in most states. 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. I.e., if someone abuses a colony of cats, each cat harmed counts as a separate offense. We sometimes get stuck at the crossing for what seems like forever, and they do not split the train at 15 minutes to allow traffic through as they are supposed to, and one cannot always turn around in traffic. Kyles v. Great Oaks Interests , No. Generally, the period of retention for an owner to reclaim his or her pet is between 72 hours and ten days. The reasoning in these cases could be applied to feral cat keepers in caretakers in jurisdictions that consider keepers and caretakers to be owners. Notice to animal control services agency of performances to be conducted 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? Nongame Mammals and Depredators. This article addresses three primary legal questions. 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. ; Slater, M.R. 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. Amended by Stats.2004, c. 253 (S.B.1301), 9. Division 14.5. Holding period for impounded cats, (Added by Stats.1980, c. 1060, p. 3397, 2. 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. Select from the 0 categories from which you would like to receive articles. 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. There are several reasons behind it being a bad ideaand sometimes illegalto feed strays. 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. Food & Agric. In contrast, keepers and caretakers usually care for feral cats where they find them, exercising a limited degree of control over the animals. Jan. 1, 2023.). You have permission to edit this article. Regulation of Cats. Spayed or neutered cats; reduction in fee, 31751.6 . A county whose population exceeds 100,000 persons in a year subsequent to January 1, 2000, shall be subject to Chapter 1 (commencing with Section 31751) commencing on January 1 of the year immediately following the year in which the population of that county exceeds 100,000 persons. Among the provisions include possession requirements for non-domestic cats, vaccination and impound procedures for domestic cats, and legislative policy statements about feral cats. 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.". 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. 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 . Chapter 3. Nongame mammal defined; possession and taking; trapping for recreation or commerce; sale of raw fur. 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. (4) The cat shall be spayed or neutered within 14 business days of that certification. At the same time, local authorities often argue that the presence of cats attracts other animals that we dont want in urban areas. "There is a California law that prohibits the abandonment of animals PC 597s (a): 'Every person who willfully. ), 31751.5. (d) During the holding period required by this section and before the adoption or euthanasia of a cat impounded pursuant to this division, a public or private shelter shall scan the cat for a microchip that identifies the owner of that cat and shall make reasonable efforts to contact the owner and notify the owner that the cat is impounded and is available for redemption. Div. Part 3. While in some places its illegal to feed stray animals, that doesnt mean we cant look for other ways to help them. Penal Code 42.092 , 60 Baylor L. Rev. So if the penalty is a $100 fine, the perpetrator pays $100 for each cat harmed. 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. As noted in the feral cat discussion, some states have reduced the impoundment period for free-roaming cats. Amended by Stats.1985, c. 1290, 3. Winds N at 15 to 25 mph. No. Is she subject to other ownership requirements, such as ordinances requiring registration or sterilization? The problem, however, is that people do not generally possess a feral cat in the same way that they would possess a dairy cow, a housecat, or a parrot. 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, humane society shelter, or rescue group. ), 31752.5. Will the kindhearted bystander wonder whether feeding the cat will cause her to become the cats legal owner? Beginning June 1, 2008: It is prohibited to feed or otherwise care for free-roaming cats or other animals at the RFS. The policy rationale supporting strict liability is that a wild animal is so inherently dangerous that the burden should be on the owner, who made a conscious decision to possess the animal, to control the animal at all times. Only thirteen states and the District of Columbia have enacted statutes that mention feral cats, and none of those statutes directly address liability. The public or private shelter may enter into cooperative agreements with any animal rescue or adoption organization. (3) Some people care for or own feral cats. Failure to comply with spaying or neutering agreements; forfeitures and fines; extensions of time, 31763. If you've been feeding a cat for several days and can still not approach or touch the cat, it is probably feral. 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. This subdivision is applicable within any county. Nongame mammal defined; possession and taking; trapping for recreation or commerce; sale of raw fur. That wouldn't really do any good because all of the crossings would be blocked. Control agencies, shelters, or rescue groups; spaying or neutering requirements, 31751.4. 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. (5) The adopter or purchaser shall obtain written proof of spaying or neutering from the veterinarian performing the operation. (a) This chapter only applies to a county that has a population of less than 100,000 persons as of January 1, 2000, and to cities within that county. TNR. 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. 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. Also, if feeding wild animals is prohibited and the law doesn't clearly define feral cats as domestic animals, it should be addressed. Mammals. 29D05-0605-SC-1055 (Ind. 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. 5/2.16 . Nongame Mammals and Depredators. "There is no county ordinance that prohibits the feeding of feral animals. At the same time, the level of control exercised by feral cat keepers and caretakers is often significantly less than the control exercised by an owner of 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. 3907 . Spayed or neutered cats; reduction in fee. If she moves to a new neighborhood, might she be held criminally liable for abandoning the cat she once cared for? That way, youll know just what the limits are when its time to act. (a)(1) A person who commits any violation of subdivision (b) is subject to a civil penalty of not less than fifty dollars ($50) on a first violation of subdivision (b), and a civil penalty of not less than one hundred dollars ($100) on any second or subsequent violation of subdivision (b). . 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. 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 public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group in the administration of the requirements of this chapter. Code 31750 - 31766; West's Ann. Chapter 2. after obtaining older data from VDACS by filing public record requests under Virginia's sunshine laws, that of the 49,737 dogs and cats PETA received . Stats.1998, c. 253 ( S.B.1301 ), 7, operative jan. 1, 2020 ; Stats.2022, 253! Of negligence proffered by the plaintiff the RFS as of that certification limits are when its time to.! 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