Once more,its extremely important to check into local animal control ordinances. While in some places its illegal to feed stray animals, that doesnt mean we cant look for other ways to help them. After registering with the municipality, the feral cat keeper must vaccinate and sterilize the cats in her care. Div. The result of this approach is that the law of feral cats can, and often does, vary drastically within the same state. (b) A public animal shelter may limit the number of cats adopted from that public animal shelter pursuant to this section to one cat each six-month period. 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. 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. Fish and Game Code. For purposes of this subdivision, raw fur has the same meaning as defined in Section 4005. Besides the above, if youre passionate about animals and advocating for their well-being, why not volunteer? This may reflect the legislatures intent to solve the problem of discouraging good Samaritans. 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. It is possible, then, that individuals who care for feral cats in these jurisdictions would not be required to comply with any of the requirements imposed on animal owners, nor would they be liable for any damages caused by the animals behavior. First, how does feeding feral cats negatively impact the community? 2023 Michigan State University College of Law. (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). See generally Jeremy Masten, Note, Dont Feed the Animals: Quesos Law and How the Texas Legislature Abandoned Stray Animals, a Comment on H.B.2328 and the New Tex. Council voted 6-0 last Wednesday night to pass an ordinance that makes it illegal for anyone . (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. 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. Nongame mammal defined; possession and taking; trapping for recreation or commerce; sale of raw fur. According to different laws and regulations around the country,feeding stray cats is a problem for neighbors. Giving food to stray cats may seem like a noble gesture at first sight. Repealed by Stats.1985, c. 1290, 2, 31751.3 . Fish & G. Code 4150 - 4151, CA FOOD & AG 31750 - 31766; CA FISH & G 4150 - 4151. ), 31751.6. As noted in the feral cat discussion, some states have reduced the impoundment period for free-roaming cats. 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 . (B) Nothing in this paragraph supersedes or otherwise limits the requirements in Section 31751.3 or Sections 31760 to 31762, inclusive, to ensure that a kitten sold, given away, or transferred to a new owner is or will be spayed or neutered. Local ordinances; animal placement procedures, 31764.5. The same level penalty can apply, or the penalties may increase upon a second or third violation. 2023 Michigan State University College of Law. at 74850. 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). 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. Jan. 1, 2021. Bin 440, Bakersfield, CA 93302. Thus, it is vital that the drafters of feral cat legislation consider the effect that such legislation might have as a disincentive to individuals who may otherwise be inclined to care for the very animals that feral cat laws are intended to protect. ), 31753. "However, if we receive a complaint and it's within a city park, we will either address it or refer it to the department (code enforcement) that would.". 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. The answers to these questions can vary widely depending on where the individual lives. (3) A followup program to ensure that dogs and cats transferred by the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group are spayed or neutered in accordance with the agreement executed under subdivision (d) of Section 31760. Birds and Mammals. Feral cats do not fit neatly within the common law categories of animal ownership. Please log in, or sign up for a new account to continue reading. 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. Since 2006, Los Angeles and Orange Counties have had 122 reported human cases of this disease; all but one of the cases . See David Favre & Murray Loring, Animal Law 7 (1983) . However, its important to look into the local laws where you live, including laws that may apply to your specific community or neighborhood. Regulation of Cats. (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. Higher wind gusts possible.. Licensed cattery; exemption from tag requirement. Theres no federal law that prohibits feeding stray cats or any other type of animal. Repealed by Stats.1999, c. 81 (A.B.1482), 1, operative July 1, 2000. There are many other things you can do to contribute to the well-being of stray animals and your community in general. Ann. Could they be exposed to criminal liability for abandonment, neglect, or failure to comply with registration or spay/neuter requirements? (3) An agency, shelter, or group may require proof that the cat is microchipped pursuant to paragraph (1) before releasing, adopting out, selling, or giving away the cat. . Further, the statute provides that any refusal to permit any animal control officer to impound such cat shall be deemed evidence of ownership . Feeding ban laws and ordinances are an ineffective and cruel approach to feral cats. Nongame Mammals and Depredators. Unfortunately, animal abandonment is a growing problem. 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. West's Ann. Nongame Mammals and Depredators. (Added by Stats.1973, c. 361, p. 802, 3. Division 14.5. Ct. App. Code 14-8-2-87 (2009. What, then, is the answer to the question of whether feral cat keepers and caretakers are the animals' owners? (2) Receives from the recipient a sterilization deposit of not less than forty dollars ($40) and not more than seventy-five dollars ($75), the terms of which are part of the written agreement executed by the recipient under this section. This article addresses three primary legal questions. The cat shall be spayed or neutered within 14 business days of that certification. (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). An animal is feral if it [e]xist[s] in a wild or untamed state, either naturally or having returned to such a state from domestication. The American Heritage Science Dictionary (Houghton Mifflin 2002). [d]oes not become a public nuisance, does not run at large, and [d]oes not defecate on the property of another . at 45; see also McElroy v. Carter , No. Regulation of Cats Generally. 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. Its also something that can be harmful for the health of these animals themselves. In addition to any required spay or neuter deposit, the public or private shelter, at its discretion, may assess a fee, not to exceed the standard adoption fee, for animals adopted by new owners or released to nonprofit animal rescue or adoption organizations pursuant to this section. Partly cloudy skies. (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. at *14. (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. Pickup is the same day beginning at 3:30-4:00p.m. See id. A rabbit, guinea pig, hamster, potbellied pig, bird, lizard, snake, turtle, or tortoise that is legally allowed as personal property and that is impounded in a public or private shelter shall be held for the same period of time, under the same requirements of care, and with the same opportunities for redemption and adoption by new owners or nonprofit, as defined in Section 501(c)(3) of the Internal Revenue Code,1 animal rescue or adoption organizations as provided for cats and dogs. See David Favre & Murray Loring, Animal Law 2125 (1983) . Feb. 16, 2007) . 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. The city of Gilbert passed an ordinance in 2018 banning residents from feeding feral cats. (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. Here are some of the most common sections of local laws that commonly affect cats. 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. (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. Giving them a permanent home reduces the number of cats on the streets and this has a positive effect on all the areas we already mentioned. Mammals. 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 . Zaunbrecher, K.I. No, that was not a typo, there is potential criminal liability for feeding feral cats. (For further discussion of general issues pertaining to feral cats and feral cat colonies, see Anthony B. Lacroix, Feral Cats , Animal Legal & Hist. 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.. Part 3. 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. Only thirteen states and the District of Columbia have enacted statutes that mention feral cats, and none of those statutes directly address liability. Id. 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 went on to reject two alternative theories of negligence proffered by the plaintiff. Many local laws are punitive. But taking care of a stray has a price under state law. "I would say no, because I've never even had the complaint," Davis said. In another case, a New York state trial court held that a store owner could be liable for personal injuries caused by a stray or feral cat in the store. In this section a "keeper" includes any person or organization regularly feeding a feral cat. Amended by Stats.1985, c. 1290, 3. These laws should apply to all cats, not just owned, family animals. Chapter 2. Under this regime, if a keeper or caretaker has given a feral cat food and water every day for several years and has provided the animal with periodic veterinary care, that person is more likely to be viewed as an ownerand subject to liabilitythan a person who has merely fed a feral cat once a day for six months. ; Slater, M.R. Q: The cat population in Hart Park appears to be out of control. This subdivision is applicable within any county. 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. The cats also urinated and defecated in the crawl space of the home. Connecticut allows municipalities to require feral cat keepers to register with the local animal control officer. 22-339d . Rhode Island then allows local governments to implement permitting requirements for feral cat caretakers. Generally, the state laws that do address these issues do not create substantive guidelines. 6.1.703 Removal of animal from City. Among the provisions include possession requirements for non-domestic cats, vaccination and impound procedures for domestic cats, and legislative policy statements about feral cats. In addition to providing daily meals and fresh water, these cat caregivers may provide dedicated shelter to protect the cats in inclement weather and provide medical care if the cats become sick or are injured. Simultaneously, this system would allow the casual good Samaritan to feed a feral cat without fear of liability. Special Provisions Applicable to Counties with a Population of Less Than 100,000 Persons. Finally, the court dismissed the plaintiff's trespass claim for lack of evidence. H028774, 2007 WL 495897 (Cal. 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. West's Annotated California Codes. Subject to some limitations, a person typically owns an animal when she has possession over it (for wild animals, ownership is subject to obtaining proper title from the state; for domestic animals, ownership is often subject to the property interest of the animals prior owner). Low 34F. , Exotic Mammal, Ind. In todays article, well tell you why feeding stray cats can be harmful and sometimes even illegal. Division 4. Ct. Mar. "Pets that are abandoned face the dangers of the elements, predators, other animals, vehicles and even humans. Nonspayed or unneutered cats; fines. 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. (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. A: There's a prohibition in the city of Bakersfield, but not in unincorporated areas of Kern County. Part 3. Jan. 1, 2023.). The entity shall establish the amount of the deposit at the level it determines is necessary to encourage the spaying or neutering of cats. Article 1. David Favre & Murray Loring, Animal Law 8 (1983). ), 31752.5. Hughes, K.L. Many people, even with the best of intentions, give cats food that isnt suitable for them. As discussed above, feral cats do not fit neatly within the common law of animal ownership. 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. In contrast, keepers and caretakers usually care for feral cats where they find them, exercising a limited degree of control over the animals. 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. Chapter 3. 3.2-6587(A)(2 ). (d) This section does not apply to a cat that is temporarily housed under an emergency evacuation order. 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. 3 Del. 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. 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. 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. 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) 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. 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. Implementation of a Feral Cat Management Program on a University Campus. Penal Code 42.092 , 60 Baylor L. Rev. 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. KNXV Rodriguez has been providing food and water to feral cats in the area for 14 years, spending up to $100,000 to do so, he told KNXV. Jan. 1, 2018. Therefore, the probability of the city receiving funding from the state is very low. 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. (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. According to one source, the law in Texas prohibiting cruelty to animals did not specifically protect feral cats until 2007. Code 14-8-2-87 (2009 ); Wild Mammals, Defined, Neb. RI ST 4-24-3 . 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 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. (2) A public education program to reduce and prevent overpopulation of dogs and cats, and the related costs to local government. 2005) . California CA Food & Ag Code 31752.5 Regulation of cats - . So if the penalty is a $100 fine, the perpetrator pays $100 for each cat harmed. . Local laws, on the other hand, vary significantly from town to town, and some of those laws may even go so far as to expose unwitting caretakers to civil or criminal liability. 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 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. Laws regarding the impoundment of dogs and cats are consistent in most states. That way, you can avoid possible fines or other penalties. Chapter 1. Unfortunately, the answers to these questions are unclear and depend heavily on the local law. Food and Agricultural Code (Formerly Agricultural Code). Detailed Discussion of Feral Cat Legal Issues. Rather, they typically authorize local governments to enact their own ordinances. Cases are scarce, and the cases that do exist are unpublished and highly fact-specific. Holding period; owner redemption, 31755. (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). Also, if feeding wild animals is prohibited and the law doesn't clearly define feral cats as domestic animals, it should be addressed. Food and Agricultural Code ( Formerly Agricultural Code ( Formerly Agricultural Code Formerly. Discouraging good Samaritans, feeding stray cats may seem like a noble gesture at first sight law of! Its extremely important to check into local animal control officer its extremely important to check local! 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