(3) Some people care for or own feral cats. 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. What, then, is the answer to the question of whether feral cat keepers and caretakers are the animals' owners? This article addresses three primary legal questions. RI ST 4-24-3 . In contrast, keepers and caretakers usually care for feral cats where they find them, exercising a limited degree of control over the animals. 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. 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. 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. According to different laws and regulations around the country,feeding stray cats is a problem for neighbors. A wild animal is an animal that belongs to a category of animals that have not been generally domesticated and that are likely, unless restrained, to cause personal injury. Restatement (Third) of Torts: Physical and Emotional Harm 22(b) (2005) . 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. Holding of other impounded animals, 31754 . Id. We'll tell you want you need to know. "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. 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. The same level penalty can apply, or the penalties may increase upon a second or third violation. 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. We seek to change them into positive laws that save animals and meet the needs of cats, caregivers, owners, and the community at large. 6.1.802 Authority to arrest and to issue notices to appear. When they do attempt to resolve these issues, judges and legislatures must take care to ensure that the legal regime they impose on feral cat keepers and caretakers is not overly burdensome. 7 M.R.S.A. (2) A public education program to reduce and prevent overpopulation of dogs and cats, and the related costs to local government. I suspect that people have been abandoning strays knowing that they would be fed. That way, youll know just what the limits are when its time to act. These important distinctions would explain why some states have specifically excluded feral cats from their statutory definitions of exotic or wild animals. 2, 2007) (pdf file - 628.01 KB). After registering with the municipality, the feral cat keeper must vaccinate and sterilize the cats in her care. 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. ), 31752. 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). Sept. 29, 2006) . "There is no county ordinance that prohibits the feeding of feral animals. (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. , 825 N.E.2d 189, 676 n.1, 686 (Ohio Ct. App. required by law. Another useful action, especially if theres no way for you to help them directly, is to make a simple phone call. and 3) feeding bans Excludes community cat sponsors and caretakers from definition of "custody" as defined in Sec. (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. 22-339d . 6.1.803 Obstructing officers unlawful. Repealed by Stats.1999, c. 81 (A.B.1482), 1, operative July 1, 2000. Jan. 1, 2020. For example, an Indiana trial court recently found that a woman who fed feral cats and participated in a TNR program was not liable for negligently allowing the cats to damage the plaintiffs property. (c) This section shall remain in effect only until July 1, 2024, and as of that date is repealed. 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. Rather, the cases look closely at evidence of ownership to determine whether the keeper or caretaker should be subject to liability. The entity shall establish the amount of the deposit at the level it determines is necessary to encourage the spaying or neutering of cats. (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). (b) Except as otherwise provided in this chapter, 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 any cat that has not been spayed or neutered. Someone who cares for a feral cat is likely to limit her activity to feeding, watering, and in some cases spaying or neutering the animal. Regulation of Cats. Nonspayed or unneutered cats; fines, 31752 . 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. (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. Food and Agricultural Code (Formerly Agricultural Code). Jan. 1, 2019; Stats.2019, c. 8 (A.B.1565), 1, eff. The majority of cases that have addressed liability for feral cat owners are unpublished decisions involving local ordinances, highlighting the impossibility of discerning a single set of guidelines for dealing with feral cats. The cat shall be spayed or neutered within 14 business days of that certification. Only thirteen states and the District of Columbia have enacted statutes that mention feral cats, and none of those statutes directly address liability. Further, feral cat caretakers in these jurisdictions may have a difficult time protecting feral cat colonies from animal control agencies and the actions of private citizens. 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 . The statute explicitly includes feral cats in its definition of companion animal. Va. Code Ann. (4) Feral cats pose particular safety hazards for animal shelter employees. (Added by Stats.1998, c. 747 (A.B.1856), 7, operative Jan. 1, 2000. 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. Higher wind gusts possible.. Holding of other impounded animals. (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. 31750. (3) If the owner, at any time subsequent to 30 business days after the spaying or neutering agreement was signed, provides proof of spaying or neutering, the deposit shall be forfeited, but any fine levied but not yet paid, shall be waived. 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. 22-339d(a) (West 2001). 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? False information regarding spaying or neutering; civil penalties; use of funds from penalties, 31764. The court found that the total amount of damage caused by the cats to the plaintiff's property was approximately $2000. What does it mean to own a feral cat? 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. 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. Sorry, there are no recent results for popular videos. There are several reasons behind it being a bad ideaand sometimes illegalto feed strays. This site is not a law firm and cannot offer legal advice. For example, by defining keepers as owners and authorizing municipal permitting requirements for feral cat caretakers, a state like Rhode Island is able to address issues related to feral cats without imposing substantive requirements on the entire state. . 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. Licensed cattery; exemption from tag requirement, 31751.7 . This case illustrates the careful balancing act involved in crafting a feral cat statute or ordinance. Although the Baylor Law Review article and the Indiana Superior Court case suggest that a court may not hold caretakers responsible for the behavior of feral cats, the case law on this issue is nearly nonexistent. In general, though, these state laws are strictly definitional. Enforcement 6.1.801 Entry on premises to seize and impound animals. ), 31751.7. At the same time, local authorities often argue that the presence of cats attracts other animals that we dont want in urban areas. 76-9-301 . Giving food to stray cats may seem like a noble gesture at first sight. 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). A further problem is the relatively limited degree of control exercised by the defendant in Baker . 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. 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. M2005-00414-COA-R3-CV, 2006 WL 2805141, at *6 (Tenn. Ct. App. Why is feeding stray cats a bad idea? (2) 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 Section 31763. H028774, 2007 WL 495897 (Cal. It reads, in part, that "it is unlawful for any person" to "purposely or knowingly, in any manner, provide access to food, feed or bait to any wild animal, including, but not limited to, coyotes, deer, squirrels, feral cats, foxes, raccoons, skunks, waterfowl, birds or beavers.". Submit questions to asktbc@bakersfield.com or to The Bakersfield Californian, c/o Christine Bedell, P.O. (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. Ct. Mar. (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. (d) A public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group may transfer to a new owner a cat that has not been spayed or neutered only if the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group does both of the following: (1) Requires a written agreement, executed by the recipient, acknowledging the cat is not spayed or neutered and the recipient agrees in writing to be responsible for ensuring the cat will be spayed or neutered within 30 business days after the agreement is signed. at 74850. "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. 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. Any extension shall be in writing. Credits(Added by Stats.2020, c. 108 (S.B.573), 2, eff. Nongame Mammals. Ct. App. Code 14-8-2-87 (2009. (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. Feeding ban laws and ordinances are an ineffective and cruel approach to feral cats. No, that was not a typo, there is potential criminal liability for feeding feral cats. Hart Park is within county jurisdiction. Amended by Stats.2004, c. 253 (S.B.1301), 7.). (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). When considering rules for managing stray or feral cats, it's best to keep in mind the following: Encourage residents who feed stray and feral cats to have the cats sterilized and vaccinated. Further, the statute provides that any refusal to permit any animal control officer to impound such cat shall be deemed evidence of ownership . Among the provisions include possession requirements for non-domestic cats, vaccination and impound procedures for domestic cats, and legislative policy statements about feral cats. Ct. Mar. (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. You have permission to edit this article. An estimated 10-12% of the American public feed community cats. 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 family brought suit against the apartment complex, the city, the county, and the garbage disposal company servicing the apartment complex, alleging, among other things, that attracting the cats constituted a nuisance. Ask The Californian: Is it illegal to feed feral 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. (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. at *14. , Exotic Mammal, Ind. (Formerly 31751, added by Stats.1970, c. 1303, p. 1303, 1. , No. 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. Super. (4) 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. See id. "There is a California law that prohibits the abandonment of animals PC 597s (a): 'Every person who willfully. Thus, feral cat caretakers could be subjected to the same fines and citations as other animal owners if they fail to comply with these laws. Their presence increases hygiene and health problems which are already an issue for society. 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. 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. Detailed Discussion of Feral Cat Legal Issues. Cloudy. 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. Jan. 1, 2020.). This list is not meant to be a comprehensive list of all laws impacting feral/community cats. 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. Could they be exposed to criminal liability for abandonment, neglect, or failure to comply with registration or spay/neuter requirements? 510 I.L.C.S. However, it's important to look into the local laws where you live, including laws that may apply to your specific community or neighborhood. Please log in, or sign up for a new account and purchase a subscription to continue reading. If she moves to a new neighborhood, might she be held criminally liable for abandoning the cat she once cared for? 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. (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. With the municipality, the cases look closely at evidence of ownership to determine whether keeper... These important distinctions would explain why Some states have specifically excluded feral cats,... 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