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. St. 37-246 (2008). Ct. App. Center (2006)) . required by law. 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. Amended by Stats.2022, c. 549 (A.B.2723), 2, eff. Birds and Mammals. The statute explicitly includes feral cats in its definition of companion animal. Va. Code Ann. According to one source, the law in Texas prohibiting cruelty to animals did not specifically protect feral cats until 2007. Nonspayed or unneutered cats; fines. 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. 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). So if the penalty is a $100 fine, the perpetrator pays $100 for each cat harmed. The answer to this question is likely to depend on the degree of control that the individual exercises over the cats. 22-339d . Among the provisions include possession requirements for non-domestic cats, vaccination and impound procedures for domestic cats, and legislative policy statements about feral cats. The trial court granted summary judgment for the defendants, but the appellate court rejected the trial courts analysis of the plaintiffs nuisance claim. You have permission to edit this article. M2005-00414-COA-R3-CV, 2006 WL 2805141, at *6 (Tenn. Ct. App. Fiori v. Conway Org. All rights reserved. "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. 6.1.803 Obstructing officers unlawful. To understand the varying approaches taken by each state, it is instructive to look at those states that authorize local governments to enact ordinances regulating feral cat ownership. 76-9-301 . "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.' Plum officials have enacted a new law in order to discourage residents from taking care of feral cats. (4) For purposes of subparagraph (B) of paragraph (1), an owner reclaiming a cat or new owner receiving a cat is not required to register the cat's microchip number with a microchip registry company that will use, without the owner's or new owner's consent, the personal information of the owner or new owner for purposes other than to reunite the owner or new owner with the cat. Alley Cat Allies supports laws mandating that animal pounds and shelters spay or neuter impounded animals prior to releasing them to an adopter. 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. 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. 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. In short, we are in bad need of a couple of bridges over here, folks. Amended by Stats.2004, c. 253 (S.B.1301), 9. Rather than feeding feral cats, its better to just adopt them directly. She did not provide shelter or veterinary care, and she never relocated or confined the animals. 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. (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. Nongame Mammals and Depredators. Div., 1985) (stating that keepers of wild animals are strictly liable). Winds light and variable. Journal of Applied Animal Welfare Science 2002, 5, 15-28. Although, as in Virginia, there is no indication that ownership requirements are actively being imposed on feral cat caretakers, the possibility that this might occur under the current law further highlights the importance of cautiously drafting feral cat legislation. Landowners' rights and responsibili-ties regarding the management of feral cats will continue . Id. 29D05-0605-SC-1055 (Ind. Zaunbrecher, K.I. (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. We seek to change them into positive laws that save animals and meet the needs of cats, caregivers, owners, and the community at large. "I would say no, because I've never even had the complaint," Davis said. The plaintiff argued that a town ordinance and a county ordinance independently imposed a duty on the defendant to control the cats and prevent them from damaging the plaintiff's property. Bin 440, Bakersfield, CA 93302. Id. Shelters; waiver of cat adoption fee for veterans; limit on number of cats adopted, 31751.5 . 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 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. Super. Laws regarding the impoundment of dogs and cats are consistent in most states. Will she attempt to prevent the cat from trespassing on her neighbors property or bringing other cats to the neighborhood? St. 37-246 (2008). All cats, friendly or feral/unsocial, brought in for participation in the CCAS Community Cat Program must be in a trap, one cat per trap. 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. A further problem is the relatively limited degree of control exercised by the defendant in Baker . Q: The cat population in Hart Park appears to be out of control. 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. animal statute is a clear illustration of how a caretaker might be exposed to criminal liability for failure to comply with registration and spay/neuter requirements. 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. 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. Feral cat is . Rather, they typically authorize local governments to enact their own ordinances. 3.2-6587(A)(2 ). 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 reasoning in these cases could be applied to feral cat keepers in caretakers in jurisdictions that consider keepers and caretakers to be owners. 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. (b)(1) If a veterinarian licensed to practice veterinary medicine in this state certifies that a cat is too sick or injured to be spayed or neutered, or that it would otherwise be detrimental to the health of the cat to be spayed or neutered, the adopter or purchaser shall pay the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group a deposit of not less than forty dollars ($40), and not more than seventy-five dollars ($75). Legislative findings and declarations, 31753 . Generally, the period of retention for an owner to reclaim his or her pet is between 72 hours and ten days. Of the judicial opinions written, most of them involve interpretations of feral cat ordinanceslike the one at issue in Baker further complicating the question of what happens when no such law exists. Hughes, K.L. 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. Div. at 97374, 966. Its true that there are many individuals and organizations that are willing to help these defenseless animals. Penal Code 42.092 , 60 Baylor L. Rev. 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. Ask The Californian appears on Mondays. In light of the policy implications associated with defining feral cats as wild animals and thereby subjecting keepers and caretakers to a strict liability regime, a court would be more likely to find that feral cat keepers and caretakers are analogous to owners or keepers of domestic animals. (Added by Stats.1998, c. 752 (S.B.1785), 16.5, operative July 1, 2001. Id. (c)(1) Except as provided in Section 17006, any stray cat that is impounded pursuant to this division shall, before the euthanasia of that animal, be released to a nonprofit, as defined in Section 501(c)(3) of the Internal Revenue Code,1 animal rescue or adoption organization if requested by the organization before the scheduled euthanasia of that animal. But my guess is, whatever you do it will just makes things MUCH WORSE with the neighbor. Feral cats do not fit neatly within the common law categories of animal ownership. 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. What does it mean to own a feral cat? . 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. 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. Repealed by Stats.1985, c. 1290, 2, 31751.3 . 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. 510 I.L.C.S. In fact, only thirteen states and the District of Columbia have any laws that even mention feral cats ( California , Connecticut , Delaware , the District of Columbia , Illinois , Indiana , Kentucky , Maine , Nebraska , New York , Rhode Island , Texas , Vermont ,and Virginia ). The best way to avoid a fine for feeding stray cats and other animals is tostay informed about the laws and ordinances of your local community. 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. 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. Here are some of the most common sections of local laws that commonly affect cats. Any extension shall be in writing. Nongame Mammals. 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. These cats breed, multiply, fight, and spread diseases to one another. We'll tell you want you need to know. Drop off is between 9-9:30am Tuesday-Friday only. Nonspayed or unneutered cats; fines, 31752 . Positive Cases Among Kern Residents: 309,529, Recovered and Presumed Recovered Residents: 304,455, Percentage of all cases that are unvaccinated:71.13, Percentage of all hospitalizations that are unvaccinated:83.13, Source: Kern County Public Health Services Department. The trial court granted summary judgment for the defendants, but the appellate court rejected the trial courts analysis of the plaintiffs nuisance claim. See id. As noted in the feral cat discussion, some states have reduced the impoundment period for free-roaming cats. Shelters; waiver of cat adoption fee for veterans; limit on number of cats adopted, 31766. Chapter 2. 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? Many individuals are feeding the cats in two locations. at 98384, 98890. (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. 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.). Keep reading to discover more information on this issue and why its such a problem. The adopter or purchaser shall obtain written proof of spaying or neutering from the veterinarian performing the operation. That wouldn't really do any good because all of the crossings would be blocked. However, you may be surprised to find out that experts advise against the practice of feeding feral animals. Kern County Animal Control urges members of the public to try and find other alternatives to abandoning animals such as re-homing a pet with a friend, family member, co-worker, rescue organization or even a neighbor. This includes anyone that is abandoning animals at any location in the county. Division 4. Other laws with the potential to impact Higher wind gusts possible.. But see Allen v. Cox , 942 A.2d 296, 304 (Conn. 2008) (holding that when a cat's owner knows that the cat has a propensity to be violent, the owner may be liable for reasonably foreseeable injuries caused by the cat's aggressive behavior). Local ordinances concerning the adoption or placement procedures of any animal shelter shall be at least as restrictive as this chapter. (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. 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. (2) Notwithstanding subdivision (a), this section does not require a cat to be microchipped if the agency, shelter, or group receives a signed form from the owner reclaiming the cat or new owner receiving the cat that states that the cost of microchipping would impose an economic hardship for the owner or new owner. 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 . at 10. Holding period; owner redemption. Ct. Mar. 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. First, feral cats are members of the same species as domestic cats. Pickup is the same day beginning at 3:30-4:00p.m. This article addresses three primary legal questions. This rule would effectively advance two competing policy goals: (1) encouraging people to care for feral cats and (2) holding caretakers more responsible when their actions begin to look more like those of an owner than those of a caretaker. (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. 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. McElroy v. Carter , No. Jan. 1, 2019; Stats.2019, c. 8 (A.B.1565), 1, eff. In the vast majority of jurisdictions, however, courts will have no guidance other than common law. CA - Circus - 25989.1. Simultaneously, this system would allow the casual good Samaritan to feed a feral cat without fear of liability. Food and Agricultural Code (Formerly Agricultural Code). California CA Food & Ag Code 31752.5 Regulation of cats - . These important distinctions would explain why some states have specifically excluded feral cats from their statutory definitions of exotic or wild animals. Repealed by Stats.1999, c. 81 (A.B.1482), 1, operative July 1, 2000. Another indicator that courts may be unwilling to independently determine the rights and responsibilities of feral cat caretakers is the Indiana Superior Court's decision in Baker v. Middleton , C.A. 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. 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. Id. 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. (Added by Stats.2019, c. 205 (S.B.245), 4, eff. Notice to animal control services agency of performances to be conducted (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. Cal. 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