The limited funding that the state has is then appropriated to the top ranking projects. ; Slater, M.R. 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. (Formerly 31751, added by Stats.1970, c. 1303, p. 1303, 1. These statutes comprise California consolidated cat laws. Feral cat is . Control agencies, shelters, or rescue groups; spaying or neutering requirements. (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. (4) Issues a check for insufficient funds for any spaying or neutering deposit required under this chapter. A feral cat is totally unsocialized to people. "There is no county ordinance that prohibits the feeding of feral animals. 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. 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. Fiori v. Conway Org. 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. Division 4. Also, if feeding wild animals is prohibited and the law doesn't clearly define feral cats as domestic animals, it should be addressed. 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. at 26. The problem, however, is that people do not generally possess a feral cat in the same way that they would possess a dairy cow, a housecat, or a parrot. (Stats.1957, c. 456, p. 1382, 4151. Pickup is the same day beginning at 3:30-4:00p.m. Is she subject to other ownership requirements, such as ordinances requiring registration or sterilization? The same level penalty can apply, or the penalties may increase upon a second or third violation. Fish and Game Code. Keep reading to discover more information on this issue and why its such a problem. But taking care of a stray has a price under state law. (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. There's no federal law that prohibits feeding stray cats or any other type of animal. The cat shall be spayed or neutered within 14 business days of that certification. Third, the article discusses the ways in which feral cat keepers or caretakers may be exposed to criminal liability for abandonment, neglect, or failure to comply with state or local animal ownership requirements. ), 31753. Low 34F. As discussed above, there are serious policy concerns that would likely preclude the imposition of strict liability on feral cat keepers or caretakers, making it implausible to define feral cats as wild animals. Credits(Added by Stats.1971, c. 1470, p. 2907, 21. (Added by Stats.1998, c. 752 (S.B.1785), 15. Fish & G. Code 4150 - 4151, CA FOOD & AG 31750 - 31766; CA FISH & G 4150 - 4151. . 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. ; Smith, R.E. As noted in the feral cat discussion, some states have reduced the impoundment period for free-roaming cats. M2005-00414-COA-R3-CV, 2006 WL 2805141, at *6 (Tenn. Ct. App. "The application includes ranking the existing at-grade crossing on a formula that considers several aspects of the existing crossing. First, feral cats are members of the same species as domestic cats. (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. 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. Finally, the court dismissed the plaintiff's trespass claim for lack of evidence. "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.". Unfortunately, animal abandonment is a growing problem. C. 8217 . 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) . See id. 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. 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. A county whose population exceeds 100,000 persons in a year subsequent to January 1, 2000, shall be subject to Chapter 1 (commencing with Section 31751) commencing on January 1 of the year immediately following the year in which the population of that county exceeds 100,000 persons. If you are caught feeding coyotes, you could face jail time or a fine of up to $1,000. 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 or released. (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. ), 31751.5. (2) An action for a penalty proposed under this section may be commenced by the administrator of the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group from which the recipient obtained the animal that is the subject of the violation in a court of competent jurisdiction. 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. (3) Some people care for or own feral cats. We'll tell you want you need to know. Holding of other impounded animals. That way, youll know just what the limits are when its time to act. 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. Local ordinances; animal placement procedures, 31764.5. My Animals A blog on tips, care and everything related to the world of animals. 2012 2023 . Cases are scarce, and the cases that do exist are unpublished and highly fact-specific. 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. RI ST 4-22-2 . 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. If she moves to a new neighborhood, might she be held criminally liable for abandoning the cat she once cared for? . Baker v. Middleton , C.A. It is important to note, however, that very few cases have addressed the issue of civil liability for feral cat keeping or caretaking. 29D05-0605-SC-1055 (Ind. As discussed above, feral cats do not fit neatly within the common law of animal ownership. (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. What do we need to keep in mind? Feral Cats and the Law Cats and Wildlife > Cats and Predation Where have all the birds gone? Wild Mammals, Defined, Neb. Many individuals are feeding the cats in two locations. Zaunbrecher, K.I. 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. See id. Partly cloudy skies. (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. 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. at 98384, 98890. Feb. 16, 2007). (Added by Stats.1998, c. 747 (A.B.1856), 8, operative Jan. 1, 2000.). . Food and Agricultural Code (Formerly Agricultural Code). 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. 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. Rather than feeding feral cats, its better to just adopt them directly. (d) Any funds from unclaimed deposits made pursuant to this section, as it read on January 1, 1999, and any funds from deposits unclaimed after January 1, 2000, may be expended only for programs to spay or neuter cats and dogs, including agreements with a society for the prevention of cruelty to animals or a humane society or licensed veterinarian, to operate a program to spay or neuter cats and dogs. 6.1.701 Prohibition on harboring animals which make excessive noise. David Favre & Murray Loring, Animal Law 8 (1983). This list is not meant to be a comprehensive list of all laws impacting feral/community cats. Please log in, or sign up for a new account to continue reading. Regulation of Cats Generally. In general, though, these state laws are strictly definitional. 6.1.702 Enforcement action. That's primarily because of the low volume of vehicles and trains -- typically only two per day. Commission does not consider feral cats to be a wild mam-mal or wildlife species as defined in Chapter 37 of the Nebraska statutes (37-246, 37-247). "Historically, the city has received about $5 million for each project through this program. If you've been feeding a cat for several days and can still not approach or touch the cat, it is probably feral. Could they be exposed to criminal liability for abandonment, neglect, or failure to comply with registration or spay/neuter requirements? Since feral catslack rigorous controls by a veterinarian, they can carry a variety of illnessesNot to mention that they produce unpleasant smells and messes as well as bothersome noises. 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. After registering with the municipality, the feral cat keeper must vaccinate and sterilize the cats in her care. This article addresses three primary legal questions. "To increase the chances of finding a successful placement for your pet, we ask pet owners to bring in their current medical records and provide as much background information as possible so we can use the information to speak with potential adopters. At the same time, an overly burdensome notice requirement could easily become a strong disincentive to individuals who may have otherwise considered becoming feral cat caretakers. Shelters; waiver of cat adoption fee for veterans; limit on number of cats adopted, 31766. (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. 2005), Exotic Mammal, Ind. No. (2)(A) Notwithstanding paragraph (1), a kitten under eight weeks of age that is reasonably believed to be unowned may be available immediately for adoption beginning on the day on which the kitten is seized, taken up, or impounded, through the entire holding period. "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. We will do our best to find a second home for your pet. Chapter 1. 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. A further problem is the relatively limited degree of control exercised by the defendant in Baker . 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. The letter shall include a description of the cat. 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. What, then, is the answer to the question of whether feral cat keepers and caretakers are the animals' owners? (a) A mammal occurring naturally in California that is not a game mammal, fully protected mammal, or fur-bearing mammal is a nongame mammal. . Giving food to stray cats may seem like a noble gesture at first sight. (4) Feral cats pose particular safety hazards for animal shelter employees. (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. 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. Nongame Mammals and Depredators. When a person sees a malnourished kitten roaming her neighborhood, her first instinct is often to stop and help. The possibility of criminal penalties could serve as a significant deterrent to potential feral cat caretakers, thereby undercutting the statutes purpose of promoting the welfare of feral animals. 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.). Upon adoption, sale, giving away, or transfer of ownership, the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group shall provide information on the transference of ownership, including microchip company information, the microchip number and any other relevant identifiers, and any other information needed for an owner or new owner to register themselves as the microchip's primary contact, as applicable. 964, 97374 (Fall 2008) . 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. Regulation of Cats. Id. I.e., if someone abuses a colony of cats, each cat harmed counts as a separate offense. (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. No. Hart Park is within county jurisdiction. also survives summary adjudication. Thus, the appellate court partially reversed the trial courts grant of summary judgment, holding that the defendants could, in fact, be liable under a nuisance theory for damages arising from actions that caused the presence of [a] large number of cats on Plaintiffs property. See i d. at *1, *56, *1314. C. G. S. A. (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. So we would have to come up with the remaining money necessary to fund the project. This subdivision is applicable within any county. (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). (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. Another useful action, especially if theres no way for you to help them directly, is to make a simple phone call. 6.1.803 Obstructing officers unlawful. In contrast, keepers and caretakers usually care for feral cats where they find them, exercising a limited degree of control over the animals. Winds N at 15 to 25 mph. 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. Feral cats do not fit neatly within the common law categories of animal ownership. That wouldn't really do any good because all of the crossings would be blocked. Therefore, a notice requirement like that suggested by the Baker court would have to be drafted carefully to avoid creating a significant burden on potential feral cat caretakers. 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. 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. 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). Will she attempt to prevent the cat from trespassing on her neighbors property or bringing other cats to the neighborhood? 7 M.R.S.A. 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. The cats also urinated and defecated in the crawl space of the home. 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. Higher wind gusts possible.. Part 3. Holding period for impounded cats, (Added by Stats.1980, c. 1060, p. 3397, 2. (For further discussion of general issues pertaining to feral cats and feral cat colonies, see Anthony B. Lacroix, Feral Cats , Animal Legal & Hist. Once more,its extremely important to check into local animal control ordinances. 510 I.L.C.S. 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. 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. Code 14-8-2-87 (2009. 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. Jan. 1, 2020.). However, it's important to look into the local laws where you live, including laws that may apply to your specific community or neighborhood. Division 14.5. (2) A public education program to reduce and prevent overpopulation of dogs and cats, and the related costs to local government. (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). Penal Code 42.092 , 60 Baylor L. Rev. (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. Code 31750 - 31766; West's Ann. (Added by Stats.1998, c. 752 (S.B.1785), 16.5, operative July 1, 2001. 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. Mammals. Jan. 1, 2023.). (c) This section shall become operative on July 1, 2002. 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. Jan. 1, 2020; Stats.2022, c. 469 (S.B.856), 17, eff. Its also something that can be harmful for the health of these animals themselves. Journal of Applied Animal Welfare Science 2002, 5, 15-28. As discussed below, this diminished level of control makes it difficult to determine how feral cat ownership should be determined in common law jurisdictions. Amended by Stats.2004, c. 253 (S.B.1301), 7.). 29D05-0605-SC-1055 (Ind. 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. Zoning regulations, in addition to pet limit restrictions, may also impact community cat efforts if ownership is defined in a way that applies to caretakers of community cats. See id. May keepers and caretakers be held civilly liable for the actions of feral cats in their care? As discussed below, some individuals may be disinclined to care for feral cats if they believe that doing so may expose them to civil or criminal liability. Keepers and caretakers provide a valuable service, and the law should not discourage these individuals from caring for animals in need. required by law. I suspect that people have been abandoning strays knowing that they would be fed. 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, humane society shelter, or rescue group. (Added by Stats.1998, c. 752 (S.B.1785), 14. 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.. The reasoning in these cases could be applied to feral cat keepers in caretakers in jurisdictions that consider keepers and caretakers to be owners. 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. "The city will continue to monitor the situation and will investigate future funding opportunities.". The question, then, is what will a court in a common law jurisdiction do when faced with a feral cat keeper or caretaker who has exhibited greater evidence of ownership than the defendant in Baker ? 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). 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. Nongame Mammals. A nongame mammal may not be taken or possessed except as provided in this code or in accordance with regulations adopted by the commission. Rhode Island then allows local governments to implement permitting requirements for feral cat caretakers. There is a California law that makes abandoning an animal a crime. They can't replace the diagnosis, advice, or treatment from a professional. 3 Del. The adopter or purchaser shall obtain written proof of spaying or neutering from the veterinarian performing the operation. 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. 2023 Michigan State University College of Law. (c) All spaying or neutering deposits forfeited or unclaimed under this section shall be retained by the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group and shall be used by the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group only for the following purposes: (1) A program to spay or neuter dogs and cats. There is no county law prohibiting the feeding of wild animals. 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. (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. 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