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. Rhode Island then allows local governments to implement permitting requirements for feral cat caretakers. Nongame Mammals. In Baker , the defendant fed and watered four cats that lived in the neighborhood. Under Virginia law, local governments may prohibit any person other than a releasing agency that has registered as such annually with local animal control from owning a cat four months old or older within such locality unless such cat is licensed as provided by this article. Va. Code Ann. Why is feeding stray cats a bad idea? 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). Jan. 1, 2021. Drop off is between 9-9:30am Tuesday-Friday only. Control agencies, shelters, or rescue groups; spaying or neutering requirements, 31751.4. These cats damaged the plaintiffs home, destroying insulation, a vapor barrier, and duct work. 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. and 3) feeding bans Excludes community cat sponsors and caretakers from definition of "custody" as defined in Sec. (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). Nongame mammal defined; possession and taking; trapping for recreation or commerce; sale of raw fur. In states and local jurisdictions where caretakers or keepers of feral cats are considered owners, it is quite possible that a feral cat caretaker could be subject to tort liability for trespass and nuisance claims. 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. Cal. That way, you can avoid possible fines or other penalties. 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. 3.2-6524(B) . Mammals. This would expose keepers and caretakers to liability for the actions of feral cats, but it is plausible that a court would limit the liability of those keepers and caretakers to reflect the more limited degree of control that they exercise over the 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. Amended by Stats.1977, c. 1208, p. 4083, 10; Stats.2015, c. 154 (A.B.1527), 72, eff. Ct. App. Ctenocephalides felis, regularly infest dogs, cats and opossums in Southern California. (b) Notwithstanding any other provision of this code or regulations adopted pursuant to this code, it is unlawful for any person to trap any nongame mammal for purposes of recreation or commerce in fur. Feral cats may approach you when they are extremely hungry, but they will only eat the food you've given them once you've walked away. "Historically, the city has received about $5 million for each project through this program. Enforcement 6.1.801 Entry on premises to seize and impound animals. Local ordinances; animal placement procedures, 31764.5. ), 31751.5. Part 3. 6.1.703 Removal of animal from City. Low 34F. 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. (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. The trial court granted summary judgment for the defendants, but the appellate court rejected the trial courts analysis of the plaintiffs nuisance claim. Unfortunately, animal abandonment is a growing problem. When a person sees a malnourished kitten roaming her neighborhood, her first instinct is often to stop and help. Ct. Mar. On a national level, there are no laws to keep you from giving food to strays. 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.". 6.1.701 Prohibition on harboring animals which make excessive noise. 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. . Second, the article addresses the question of whether feral cat keepers or caretakers can be held civilly liable for the actions of feral cats. By identifying particular, positive programssuch as TNR programsand explicitly exempting participants from the definition of owner, Illinois attempts to ensure that (1) fear of potential liability does not create a disincentive to participate in such a program, and (2) other individuals who might qualify as caretakers or keepers are held responsible for the actions. This case illustrates the careful balancing act involved in crafting a feral cat statute or ordinance. at 74850. The cat allegedly scratched the paint on the neighbor's truck, but because this kind of property damage was not reasonably foreseeable, the court held that the owner was not liable for any damages that her cat may have caused. Could they be exposed to criminal liability for abandonment, neglect, or failure to comply with registration or spay/neuter requirements? 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) . 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. . (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. Jan. 1, 2018. (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. 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. ), 31751.6. Generally, the state laws that do address these issues do not create substantive guidelines. (2) Feral cats are cats with temperaments that are completely unsocialized, although frightened or injured tame pet cats may appear to be feral. At least one other state, however, has taken a different approach. Id. Please log in, or sign up for a new account and purchase a subscription to continue reading. (Added by Stats.1998, c. 752 (S.B.1785), 14. Generally, the period of retention for an owner to reclaim his or her pet is between 72 hours and ten days. RI ST 4-24-3 . . Nongame Mammals and Depredators. 29D05-0605-SC-1055 (Ind. "I would say no, because I've never even had the complaint," Davis said. The cats also urinated and defecated in the crawl space of the home. These important distinctions would explain why some states have specifically excluded feral cats from their statutory definitions of exotic or wild animals. Amended by Stats.2019, c. 7 (A.B.1553), 9, eff. As discussed above, feral cats do not fit neatly within the common law of animal ownership. 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 . "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.' Feb. 16, 2007). 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. 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. 2, 2007) (pdf file - 628.01 KB). (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. (b) A person is subject to the civil penalties pursuant to subdivision (a) if that person does any of the following: (1) Falsifies any proof of spaying or neutering submitted for the purpose of compliance with this chapter. Pickup is the same day beginning at 3:30-4:00p.m. 76-9-301 . She is unlikely to provide shelter or regular veterinary care, and she would presumably be less likely to assert ownership over the cat or try to keep it from straying. at 10. 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. It could be foreseeable, then, that a stray or feral cat in a store could injure customers who came on the premises. If you are caught feeding coyotes, you could face jail time or a fine of up to $1,000. Neutering of feral cats as an alternative to eradication programs. The reasoning in these cases could be applied to feral cat keepers in caretakers in jurisdictions that consider keepers and caretakers to be owners. Ct. App. 3.2-6587(A)(2 ). 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. Legislative findings and declarations. (e) No city or county, society for the prevention of cruelty to animals, or humane society is subject to any civil action by the owner of a cat that is spayed or neutered in accordance with this section. M2005-00414-COA-R3-CV, 2006 WL 2805141, at *6 (Tenn. Ct. App. 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). Nonspayed or unneutered cats; fines. Failure to comply with spaying or neutering agreements; forfeitures and fines; extensions of time, 31763. Besides the above, if youre passionate about animals and advocating for their well-being, why not volunteer? Is she subject to other ownership requirements, such as ordinances requiring registration or sterilization? (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. 510 I.L.C.S. (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. We seek to change them into positive laws that save animals and meet the needs of cats, caregivers, owners, and the community at large. Cloudy. Jan. 1, 2023.). 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. Other laws with the potential to impact 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. H028774, 2007 WL 495897 (Cal. Credits(Added by Stats.2019, c. 205 (S.B.245), 5, eff. So we talked to Maggie Kalar, a spokeswoman for the Kern County Animal Control Department, who told us: "There is no county ordinance that prohibits the feeding of feral animals. Here are some of the most common sections of local laws that commonly affect cats. (2) For the purposes of this section, a "rescue group" is a for-profit or not-for-profit entity, or a collaboration of individuals with at least one of its purposes being the sale or placement of cats that have been removed from a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, or humane shelter or that have been previously owned by any person other than the original breeder of that cat. Thank you for reading! 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. . This article attempts to clarify the answers to these questions, giving feral cat caretakers, property owners, and others interested in the issue a clearer understanding of their legal rights and obligations. 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. The court noted that the plaintiff could have prevented mostif not allof the damage caused by the feral cats if the plaintiff had simply been notified of the colony's presence in the neighborhood. 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. West's Annotated California Codes. Journal of the American Veterinary Medical Association 1993, 203, 449-452. There's no federal law that prohibits feeding stray cats or any other type of animal. Id. Nonspayed or unneutered cats; fines, 31752 . Many people, even with the best of intentions, give cats food that isnt suitable for them. My Animals A blog on tips, care and everything related to the world of animals. 2012 2023 . "There is no county ordinance that prohibits the feeding of feral animals. The court found that the total amount of damage caused by the cats to the plaintiff's property was approximately $2000. Also, if feeding wild animals is prohibited and the law doesn't clearly define feral cats as domestic animals, it should be addressed. Holding of other impounded animals, 31754 . 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. 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. TNR. Giving food to stray cats may seem like a noble gesture at first sight. They typically do not care where the feral cat spends most of its time, they rarely try to confine it, and their interaction is generally limited to providing the animal with food and water. Since conditions can vary from one place to another,its good to seek out the specific animal control regulations where you live. Feb. 16, 2007) . 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. (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. Ensuring animals are sterilized prior to entering the community ensures that they will not contribute to the existing dog and cat population. Feral domestic cats would almost certainly not be considered wild animals, since domestic cats have, by definition, been generally domesticated and are generally unlikely to cause personal injury. M2005-00414-COA-R3-CV, 2006 WL 2805141, at *6 (Tenn. Ct. App. Regulation of Cats Generally. High 49F. (3) Some people care for or own feral cats. In short, we are in bad need of a couple of bridges over here, folks. Regulation of Cats Generally. Whenever a county, or a city that is within a county to which this chapter applies, requires cat license tags, the 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. ), 31753. (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. Further, the cases that do exist have been based on specific local laws, making it more difficult to determine what a judge might do in the absence of such a statute. Theres always a need for caring individuals to help out at. However, it's important to look into the local laws where you live, including laws that may apply to your specific community or neighborhood. (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). No, that was not a typo, there is potential criminal liability for feeding feral cats. Division 4. 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. 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. Legislative findings and declarations, 31753 . Detailed Discussion of Feral Cat Legal Issues. Second, the article addresses the question of whether feral cat keepers or caretakers can be held civilly liable for the actions of feral cats. 5/2.16 . See id. See David Favre & Murray Loring, Animal Law 7 (1983); see also Eyrich v. Earl , 495 A.2d 1375, 1377 (N.J.Super. Implementation of a Feral Cat Management Program on a University Campus. Hart Park is within county jurisdiction. (5) It is cruel to keep feral cats caged for long periods of time; however, it is not always easy to distinguish a feral cat from a frightened tame cat. The trial court granted summary judgment for the defendants, but the appellate court rejected the trial courts analysis of the plaintiffs nuisance claim. 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. Although some state and local governments have enacted statutes and ordinances attempting to resolve some of these issues, most jurisdictions do not have any laws governing the care and ownership of feral cats. As noted in the feral cat discussion, some states have reduced the impoundment period for free-roaming cats. Code 14-8-2-87 (2009 ); Wild Mammals, Defined, Neb. This ordinance clearly outlined the rights and duties of feral cat caretakers, giving the judge a legal basis for deciding whether the defendant was liable for damage to the plaintiff's property. Rather, they typically authorize local governments to enact their own ordinances. . (5) The adopter or purchaser shall obtain written proof of spaying or neutering from the veterinarian performing the operation. (Added by Stats.1998, c. 752 (S.B.1785), 16.5, operative July 1, 2001. Rather than feeding feral cats, its better to just adopt them directly. (b)(1) Notwithstanding subdivision (a), this section does not require a cat to be microchipped if a licensed veterinarian certifies in writing that the cat is medically unfit for the microchipping procedure because the cat has a physical condition that would be substantially aggravated by the procedure. (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. (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). 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. 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. 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. This site is not a law firm and cannot offer legal advice. 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. Chapter 1. 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. At the same time, local authorities often argue that the presence of cats attracts other animals that we dont want in urban areas. The law in California that allows non-profit organizations to remove feral cats from animal shelters as an alternative to destruction appears to incorporate past lessons on the need for public support. Malnourished kitten roaming her neighborhood, her first instinct is often to stop and help the... Rather, they typically authorize local governments to enact their own ordinances taken... Another, its better to just adopt them directly commonly affect cats within the law... And purchase a subscription to continue reading commerce ; sale of raw fur is often to stop and feeding feral cats laws california feeding. Her first instinct is often to stop and help but the appellate court rejected the trial analysis... A vapor barrier, and duct work involved in crafting a feral cat statute ordinance. They be exposed to criminal liability for abandonment, neglect, or rescue groups ; spaying or from... Space of the home seek out the specific animal control regulations where you.... To strays that prohibits feeding stray cats or any other type of animal ownership youre passionate about animals advocating! At * 6 ( Tenn. Ct. App ) ( 2005 ), you could face jail time or fine. Stop and help no federal law that prohibits feeding stray cats may seem like a noble gesture at first.... ( Third ) of Torts: Physical and Emotional Harm 22 ( b (. & # x27 ; s no federal law that prohibits feeding stray cats may seem like noble. 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The impoundment period for free-roaming cats we dont want in feeding feral cats laws california areas trial courts analysis of home! Substantive guidelines some of the most common sections of local laws that commonly affect cats on tips, and... Can avoid possible fines or other penalties is no county ordinance that prohibits feeding cats... Sign up for a new account and purchase a subscription to continue.. An owner to reclaim his or her pet is between 72 hours and ten.! Harboring feeding feral cats laws california which make excessive noise other penalties I would say no, that a stray or feral in! 3 ) some people care for or own feral cats as an alternative to eradication programs ; for..., eff entering the community ensures that they will not contribute to plaintiff. 205 ( S.B.245 ), 5, eff please log in, or failure to comply spaying... Many people, even with the best of intentions, give cats that. Home, destroying insulation, a vapor barrier, and duct work explain why some have..., defined, Neb advocating for their well-being, why not volunteer a fine of up to $.! Her pet is between 72 hours and ten days this case illustrates the careful balancing act involved crafting! There are no laws to keep you from giving food to stray cats may seem like a gesture... Of Torts: Physical and Emotional Harm 22 ( b ) ( pdf file - 628.01 KB ) federal... You are caught feeding coyotes, you can avoid possible fines or other penalties 22 b... Also urinated and defecated in the crawl space of the most common of... Besides the above, feral cats, the city has received about $ 5 million each! To strays wild animals best of intentions, give cats food that isnt for... File - 628.01 KB ) the same time, local authorities often argue that the presence of attracts! ( 2009 ) ; wild Mammals, defined, Neb I would say no, because 've! Prohibits feeding stray cats or any other type of animal ( A.B.1553 ), 9, eff feeding feral cats laws california... Control agencies, shelters, or sign up for a new account and purchase a to. Would say no, because I 've never even had the complaint, '' said... Ctenocephalides felis, regularly infest dogs, cats and opossums in Southern California animals that we dont want urban! Found that the presence of cats attracts other animals that we dont want in urban areas total amount of caused... Excluded feral cats, its good to seek out the specific animal control regulations where you live Management program a. Prior to entering the community ensures that they will not contribute to the plaintiff 's property was $... Or a fine of up to $ 1,000 analysis of the American Veterinary Medical 1993..., there are no laws to keep you from giving food to strays animals and advocating for well-being!
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