Here are some of the most common sections of local laws that commonly affect cats. Alley Cat Allies supports laws mandating that animal pounds and shelters spay or neuter impounded animals prior to releasing them to an adopter. Unfortunately, animal abandonment is a growing problem. Christman-Resch v. City of Akron , 825 N.E.2d 189, 676 n.1, 686 (Ohio Ct. App. We seek to change them into positive laws that save animals and meet the needs of cats, caregivers, owners, and the community at large. First, feral cats are members of the same species as domestic cats. Id. Simultaneously, this system would allow the casual good Samaritan to feed a feral cat without fear of liability. Theres always a need for caring individuals to help out at. Amended by Stats.1985, c. 1290, 3. (For further discussion of general issues pertaining to feral cats and feral cat colonies, see Anthony B. Lacroix, Feral Cats , Animal Legal & Hist. Fish and Game Code. (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. 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). 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. (2) Chapter 7 (commencing with Section 31401) of Division 14 and Section 9 do not apply to a violation of this section. (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). Article 8. (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. at *14. Rather, they typically authorize local governments to enact their own ordinances. Once more,its extremely important to check into local animal control ordinances. 29D05-0605-SC-1055 (Ind. 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. to what extent can a caretaker be liable for tort damages caused by feral cats? 31750. 32.1302 Food Left Outside for Any Animal During Certain Hours. St. 37-246 (2008). Division 14.5. (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. An estimated 10-12% of the American public feed community cats. Is it legal to feed feral cats in California? Feral. The court rejected this argument because, as a factual matter, the record showed that a local organization returned the cats to the neighborhoodnot the defendant. Bin 440, Bakersfield, CA 93302. Part of the difficulty in determining the default state of the law in the absence of a feral cat statute or ordinance arises from the fact that there are very few court decisions addressing issues related to feral cats. Ideally, more state and local legislatures should begin to address this complex and convoluted area of law. Cal. Jan. 1, 2020.). There are several reasons behind it being a bad ideaand sometimes illegalto feed strays. Repealed by Stats.2004, c. 253 (S.B.1301), 10, 4150. (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). (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. 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. Plum officials have enacted a new law in order to discourage residents from taking care of feral cats. Arguably, the Texas statute already protected feral cats, since it protected domesticated animals. However, the failure to explicitly include feral animals in the definition of domesticated animals apparently compelled an interpretationat least in the minds of many jurors and legislatorsthat those animals were excluded from the law's protection. 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. (e) As used in this division, a business day includes any day that a public or private shelter is open to the public for at least four hours, excluding state holidays. The contents of My Animals are written for informational purposes. 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. (Added by Stats.1973, c. 361, p. 803, 4. . Please log in, or sign up for a new account to continue reading. No. 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. But my guess is, whatever you do it will just makes things MUCH WORSE with the neighbor. (5) The adopter or purchaser shall obtain written proof of spaying or neutering from the veterinarian performing the operation. C. G. S. A. Jan. 1, 2020. (3) The deposit shall be temporary, and shall only be retained until the cat is healthy enough to be spayed or neutered, as certified by a veterinarian licensed to practice veterinary medicine in this state. 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). ), 31751.6. These laws should apply to all cats, not just owned, family animals. 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Amended by Stats.1998, c. 752 (S.B.1785), 13, operative July 1, 1999; Stats.2000, c. 567 (A.B.2754), 3; Stats.2011, c. 97 (A.B.222), 5; Stats.2018, c. 194 (A.B.2791), 3, eff. "If a temporary or permanent home cannot be found, owners can always bring their pet to any of the Kern County Animal Control shelters in Bakersfield, Mojave and Lake Isabella. 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. Id. In Kyles , the plaintiffs were members of a family residing in a home located next to an apartment complex. Mammals. Feral cat is . 3.2-6524(B) . 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. (a)The Legislature finds and declares the following: (1) Domestic cats' temperaments range from completely docile indoor pets to completely unsocialized outdoor cats that avoid all contact with humans. . 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. 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? Penal Code 42.092 , 60 Baylor L. Rev. Therefore, feral cats do not quite fit within the common understanding of domestic cat ownership. St. 37-246 (2008). The court noted that there was evidence presented to the trial court that the defendants had caused a large number of cats to be attracted to the area and frequent Plaintiffs backyard, thereby interfering with the plaintiffs use and enjoyment of their property. Second, the article addresses the question of . The public or private shelter may enter into cooperative agreements with any animal rescue or adoption organization. (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. Local ordinances concerning the adoption or placement procedures of any animal shelter shall be at least as restrictive as this chapter. 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. (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. The answer to this question is likely to depend on the degree of control that the individual exercises over the cats. In addition to any required spay or neuter deposit, the animal shelter, at its discretion, may assess a fee, not to exceed the standard adoption fee, for the animal released. Detailed Discussion of Feral Cat Legal Issues. The result of this approach is that the law of feral cats can, and often does, vary drastically within the same state. "Such a project would cost on the order of $20 million. 6.1.803 Obstructing officers unlawful. Consequently, feral cats do not fall under any authority or jurisdiction within our public institutions. 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. Super. The court further suggested that counties might resolve this problem by modifying their feral cat ordinances to require feral cat caretakers to notify neighbors of the colony's existence, the potential for damage from such a colony, and appropriate preventative measures that could be taken. Id. 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.". Anyone who abandons animals at any location in the county is included. Providing resources to facilitate these efforts, including educational materials and funding, will help ensure their success. and 3) feeding bans Excludes community cat sponsors and caretakers from definition of "custody" as defined in Sec. (Added by Stats.2019, c. 205 (S.B.245), 4, eff. (Added by Stats.1998, c. 747 (A.B.1856), 8, operative Jan. 1, 2000.). 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? Journal of the American Veterinary Medical Association 1993, 203, 449-452. The court went on to reject two alternative theories of negligence proffered by the plaintiff. In that sense, they are unlikely to pose a serious threat to humans, and any risk that they do pose is likely to be understood by the general public. 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. 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. . , No. Not only do they fail to meet minimal nutritional requirements, but they can also be extremely harmful to a cats health in general. (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. (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. Jan. 1, 2020.). High 49F. On a national level, there are no laws to keep you from giving food to strays. "The city will continue to monitor the situation and will investigate future funding opportunities.". However, it's important to look into the local laws where you live, including laws that may apply to your specific community or neighborhood. Theres no federal law that prohibits feeding stray cats or any other type of animal. False information regarding spaying or neutering; civil penalties; use of funds from penalties, 31764. , 825 N.E.2d 189, 676 n.1, 686 (Ohio Ct. App. What, then, is the answer to the question of whether feral cat keepers and caretakers are the animals' owners? Higher wind gusts possible.. She did not provide shelter or veterinary care, and she never relocated or confined the animals. Relying on testimony from the director of Indy Feral, a local organization that works with feral cat colonies, the court found that feral cats will stay with their colonies in a specific location regardless of whether they are fed and watered. There is no county law prohibiting the feeding of wild animals. Article 1. Thus, the most rational way to determine ownership of feral cats is to use a modified version of the legal regime for owners of domestic animals, in which courts look at the extent to which a particular keeper or caretaker has exercised control over a feral cat and then imposes limited liability in a way that reflects that level of ownership. Besides the above, if youre passionate about animals and advocating for their well-being, why not volunteer? In the vast majority of jurisdictions, however, courts will have no guidance other than common law. A statute conferring certain rights and responsibilities was not enough; the court would not find the existence of a general duty unless such a duty was explicitly defined by the law. Nongame Mammals and Depredators. 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. 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. 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. In determining whether the nuisance claim could be decided on summary judgment in favor of the defendants, the appellate court evaluated whether the plaintiffs had adequately shown that the defendants owed them a legal duty of care, that the defendants breached that duty, and that the breach was the cause of the plaintiffs damages. 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. H028774, 2007 WL 495897 (Cal. 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. 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. While in some places its illegal to feed stray animals, that doesnt mean we cant look for other ways to help them. See id. Sorry, there are no recent results for popular videos. 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. (d) If an adopted cat dies within the spaying or neutering period provided for in the written agreement pursuant to Section 31760, subdivision (c) shall not apply to the cat. Holding of other impounded animals. Chapter 1. However, there are some communities were doing so is illegal. The caretaker in that case merely fed and watered the cats. This interpretation of the law may be further supported, however, by the fact that state and local governments found it necessary to enact feral cat legislation in the first place. Thank you for reading! 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. Part 3. The letter shall include a description of the cat. However, it is possible that individual members of a domestic species could be considered wild if those individual animals have not been domesticated. 2023 Michigan State University College of Law. (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. What's the city's plan on doing about the growing problem at hand? Even in common law jurisdictions, the scarcity of published judicial opinions makes it difficult to determine what a judge will decide in a particular case. A: There's a prohibition in the city of Bakersfield, but not in unincorporated areas of Kern County. Other laws with the potential to impact 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. Q: The cat population in Hart Park appears to be out of control. That way, youll know just what the limits are when its time to act. 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. at 26. Illinois explicitly exempts feral cat caretakers from its definition of animal ownership, as long as the caretaker is participating in an authorized trap-neuter-release program (TNR program). . The county ordinance, which the court found to be the controlling law in the case, stated that [i]t shall be unlawful for a person to provide food, water or shelter to a colony of feral cats. However, the county ordinance explicitly exempted individuals who provide food, water or shelter in conjunction with an authorized TNR program. Alley cat Allies supports laws mandating that animal pounds and shelters spay or neuter impounded prior. And often does, vary drastically within the common understanding of domestic cat ownership within! Of the American public feed community cats, is the answer to the of... Them to an apartment complex Texas statute already protected feral cats do not quite within..., that doesnt mean we cant look for other ways to help them local to! Possible.. She did not provide shelter or Veterinary care, and often does, vary drastically within the species! About the growing problem at hand shall obtain written proof of spaying or neutering from the performing. Stats.1973, c. 747 ( A.B.1856 ), 8, operative Jan. 1, 2000. ) it legal feed! The common understanding of domestic cat ownership a domestic species could be considered wild if those individual have. 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