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 animal shelter in the administration of the requirements of this division. Food and Agricultural Code (Formerly Agricultural Code. (6) If the adopter or purchaser presents proof of spaying or neutering to the entity from which the cat was obtained within 30 business days of obtaining the proof, the adopter or purchaser shall receive a full refund of the deposit. . Will she attempt to prevent the cat from trespassing on her neighbors property or bringing other cats to the neighborhood? 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. Fish & G. Code 4150 - 4151, CA FOOD & AG 31750 - 31766; CA FISH & G 4150 - 4151. 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. 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 ? If the animal ends up suffering or passing away due to conditions related to the abandonment, the animal owner could face even more serious charges. (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. 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. (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. See David Favre & Murray Loring, Animal Law 7 (1983); see also Eyrich v. Earl , 495 A.2d 1375, 1377 (N.J.Super. (c)(1) An agency, shelter, or group that violates this section on or after January 1, 2022, is subject to a civil penalty of one hundred dollars ($100). ; Smith, R.E. The majority of cases that have addressed liability for feral cat owners are unpublished decisions involving local ordinances, highlighting the impossibility of discerning a single set of guidelines for dealing with feral cats. (Added by Stats.1998, c. 747 (A.B.1856), 6.5, operative Jan. 1, 2000. Fiori v. Conway Org. 32.1302 Food Left Outside for Any Animal During Certain Hours. Jan. 1, 2020. (b) A public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group may extend the date by which spaying or neutering is to be completed at its discretion for good cause shown. Chapter 2. to what extent can a caretaker be liable for tort damages caused by feral cats? 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? (e) Public animal control agencies or shelters, society for the prevention of cruelty to animals shelters, humane society shelters, and rescue groups may enter into cooperative agreements with each other and with veterinarians in lieu of requiring spaying and neutering deposits to carry out this section. 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. Besides the above, if youre passionate about animals and advocating for their well-being, why not volunteer? (Added by Stats.1998, c. 747 (A.B.1856), 7, operative Jan. 1, 2000. (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. 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. Council voted 6-0 last Wednesday night to pass an ordinance that makes it illegal for anyone . No, that was not a typo, there is potential criminal liability for feeding feral cats. (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. An estimated 10-12% of the American public feed community cats. at 74850. Amended by Stats.1957, c. 1972, p. 3520, 47; Stats.1971, c. 1470, p. 2908, 22.). Repealed by Stats.2004, c. 253 (S.B.1301), 10, 4150. 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. (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. 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. Low 34F. There is also a colony at the 24th Street/Kern River bridge. If your town is considering a feeding ban proposalor you've been threatened with or given a citation related to a feeding ban ordinance already in placewe know that you are in a difficult situation and facing difficult decisions about caring for cats. , 825 N.E.2d 189, 676 n.1, 686 (Ohio Ct. App. (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. (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. The contents of My Animals are written for informational purposes. The statute further defines keepers as owners. Id. What's the city's plan on doing about the growing problem at hand? Ask The Californian: Is it illegal to feed feral cats? So if the penalty is a $100 fine, the perpetrator pays $100 for each cat harmed. Select from the 0 categories from which you would like to receive articles. They can't replace the diagnosis, advice, or treatment from a professional. ), 31752.5. 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. 2005) . 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. 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. Control agencies, shelters, or rescue groups; spaying or neutering requirements. 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. (2) If the agency, shelter, or group does not have microchipping capability on location, the agency, shelter, or group shall make a good faith effort to maintain a list of local and regional free or discounted regional microchipping services and provide that information to the owner or new owner. Virginias comprehensive 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. That wouldn't really do any good because all of the crossings would be blocked. 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. This type of sliding scale would enable courts to hold feral cat keepers and caretakers responsible when their actions reflect a relatively high degree of ownership. Dec. 14, 2001) . Rev. Feral cats do not fit neatly within the common law categories of animal ownership. Zaunbrecher, K.I. "The application includes ranking the existing at-grade crossing on a formula that considers several aspects of the existing crossing. The fact that classifying feral cats as wild animals would expose feral cat caretakers to strict liability would probably make a court less likely to find a feral cat to be a wild animal. M2005-00414-COA-R3-CV, 2006 WL 2805141, at *6 (Tenn. Ct. App. But my guess is, whatever you do it will just makes things MUCH WORSE with the neighbor. Amended by Stats.2004, c. 253 (S.B.1301), 7.). (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. . Nongame Mammals. A further problem is the relatively limited degree of control exercised by the defendant in Baker . 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. Hart Park is within county jurisdiction. 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 ). Local ordinances concerning the adoption or placement procedures of any animal shelter shall be at least as restrictive as this chapter. See id. Chapter 1. Amended by Stats.2019, c. 7 (A.B.1553), 9, eff. We seek to change them into positive laws that save animals and meet the needs of cats, caregivers, owners, and the community at large. 6.1.701 Prohibition on harboring animals which make excessive noise. There is no county law prohibiting the feeding of wild animals. Part 3. 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. Jan. 1, 2020.). Spayed or neutered cats; reduction in fee, 31751.6 . Generally, the state laws that do address these issues simply (1) define feral cats and (2) enable local governments to adopt their own solutions The result of this approach, though, is that the law of feral cats can, and often does, vary drastically within the same state. 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. 3.2-6524(B) . 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. They do not address specific issues related to liability, but rather (1) help to resolve the problem of classifying feral cats and (2) enable local governments to enact their own solutions. (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. Ct. App. (e) This section only applies to a county that has a population exceeding 100,000 persons as of January 1, 2000, and to cities within that county. . (b) A public animal shelter may limit the number of cats adopted from that public animal shelter pursuant to this section to one cat each six-month period. 3.2-6587(A)(2 ). At the same time, local authorities often argue that the presence of cats attracts other animals that we dont want in urban areas. Div. . 2023 Michigan State University College of Law. It is possible, then, that individuals who care for feral cats in these jurisdictions would not be required to comply with any of the requirements imposed on animal owners, nor would they be liable for any damages caused by the animals behavior. Detailed Discussion of Feral Cat Legal Issues. Kyles v. Great Oaks Interests , No. 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. As noted in the feral cat discussion, some states have reduced the impoundment period for free-roaming cats. (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. (Added by Stats.1998, c. 752 (S.B.1785), 15. A non-domesticated mammalian predator shall include coyotes, raccoons, foxes, opossums, bears, mountain lions, and bobcats. 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. 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. Code 31750 - 31766; West's Ann. Neutering of feral cats as an alternative to eradication programs. (B) If the agency, shelter, or group does not have microchipping capability on location, the agency, shelter, or group first obtains from the owner reclaiming the cat or new owner receiving the cat an agreement that requires the owner or new owner to present to the agency, shelter, or group, within the next 30 days, proof that the cat is microchipped as described in subparagraph (A). (b) Except as otherwise provided in this chapter, no public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group shall sell or give away any cat that has not been spayed or neutered. Enforcement 6.1.801 Entry on premises to seize and impound animals. As discussed below, this diminished level of control makes it difficult to determine how feral cat ownership should be determined in common law jurisdictions. 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. 7 M.R.S.A. The first problem is the question of whether feral cats are wild or domestic animals. Since conditions can vary from one place to another,its good to seek out the specific animal control regulations where you live. Many individuals are feeding the cats in two locations. Special Provisions Applicable to Counties with a Population of Less Than 100,000 Persons. Penal Code 42.092 , 60 Baylor L. Rev. Amended by Stats.1985, c. 1290, 3. Nongame Mammals. Winds light and variable. Center (2006)) . Is it legal to feed feral cats in California? Chapter 3. ; Slater, M.R. Holding period; owner redemption. 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. This site is not a law firm and cannot offer legal advice. What does it mean to own a feral cat? When the city and county do plan to construct a grade separation project, the Greater Bakersfield Separation of Grade District submits an application to the state of California for funding. There should be no fell cats if cat domestication had been carried out properly by humankind. at 45; see also McElroy v. Carter , No. 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. (Added by Stats.1973, c. 361, p. 803, 4. Division 14.5. St. 37-246 (2008). Feral cats stir debate on feeding in public places, bird safety As long as there are uncaring people, there will be feral cats We're not big cat fans in California Calls to Haven. 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) . What, then, is the answer to the question of whether feral cat keepers and caretakers are the animals' owners? With some exceptions, cats are required to be held for six days, pending retrieval by their owners or adoption by the . 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. 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. While in some places its illegal to feed stray animals, that doesnt mean we cant look for other ways to help them. 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. Regulation of Cats Generally. (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. Nonspayed or unneutered cats; fines, 31752 . The answers to these questions can vary widely depending on where the individual lives. Id. Cloudy. Chapter 2. Id . For more information on the UC Berkeley RFS Ridgway's rail conservation program, go to the Restoration Page of the RFS Environmental Website. 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. Ct. App. Special Provisions Applicable to Counties with a Population of Less Than 100,000 Persons. RI ST 4-22-2 . The court went on to reject two alternative theories of negligence proffered by the plaintiff. These laws should apply to all cats, not just owned, family animals. 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. (c) This section shall become operative on July 1, 2002. Jan. 1, 2020. 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. In todays article, well tell you why feeding stray cats can be harmful and sometimes even illegal. Fish and Game Code. In short, we are in bad need of a couple of bridges over here, folks. 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. This article addresses three primary legal questions. Feral cat is . Despite the significant, tangible benefits of community cat programs, and the trap-neuter-return (TNR) method of managing unowned free-roaming cats, these programs are sometimes challenged by opponents who raise questions about whether this progressive approach is sound public policy, or is "legal" under state and local law. On a national level, there are no laws to keep you from giving food to strays. ), 31751.5. The adopter or purchaser shall obtain written proof of spaying or neutering from the veterinarian performing the operation. (2) Provides to a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group or a licensed veterinarian inaccurate information regarding ownership of any cat required to be submitted for spaying or neutering under this chapter. CA - Circus - 25989.1. Receiving a fine for giving food to feral cats or any other animals isnt common, but it can happen. 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. (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). Baker v. Middleton , C.A. Although feral cats do not necessarily fit within the common understanding of domestic animal ownership either, the ordinary liability imposed on domestic animal owners does not present the significant policy problems raised by strict liability. (3) Some people care for or own feral cats. "Pets that are abandoned face the dangers of the elements, predators, other animals, vehicles and even humans. Jan. 1, 2018. 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. And as their numbers grow, they become impossible to nourish, which can lead them to starve Especially when well-intending neighbors become overwhelmed by the crowd and stop setting out food. Under this regime, if a keeper or caretaker has given a feral cat food and water every day for several years and has provided the animal with periodic veterinary care, that person is more likely to be viewed as an ownerand subject to liabilitythan a person who has merely fed a feral cat once a day for six months. Birds and Mammals. 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). Wild Mammals, Defined, Neb. ), 31751.6. 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. at 10. 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. Rev. For example, an Indiana trial court recently found that a woman who fed feral cats and participated in a TNR program was not liable for negligently allowing the cats to damage the plaintiffs property. TNR. The court further noted that the county ordinance appears to contemplate and accept the possibility that feral cats, once altered, will be returned to the colonies from which they were captured. Ask The Californian appears on Mondays. You have permission to edit this article. 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. Among the provisions include possession requirements for non-domestic cats, vaccination and impound procedures for domestic cats, and legislative policy statements about feral cats. 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. "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.". See David Favre & Murray Loring, Animal Law 7 (1983) . If you've been feeding a cat for several days and can still not approach or touch the cat, it is probably feral. [d]oes not become a public nuisance, does not run at large, and [d]oes not defecate on the property of another . (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. Partly cloudy skies. required by law. Second, the article addresses the question of whether feral cat keepers or caretakers can be held civilly liable for the actions of feral cats. The city of Gilbert passed an ordinance in 2018 banning residents from feeding feral cats. (2) If the public or private shelter has fewer than three full-time employees or is not open during all regular weekday business hours, and if it has established a procedure to enable owners to reclaim their cats by appointment at a mutually agreeable time when the public or private shelter would otherwise be closed, the holding period shall be four business days, not including the day of impoundment. (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. In Kyles , the plaintiffs were members of a family residing in a home located next to an apartment complex. Amended by Stats.2004, c. 253 (S.B.1301), 9. "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. 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. (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. For their well-being, why not volunteer not offer legal advice 56, * 1314 laws. It illegal to feed feral cats & G 4150 - 4151 receiving a fine giving... As noted in the feral cat discussion, some states have reduced the period! 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C ) this section shall become operative on July 1, 2002 the impoundment period for cats... Do any good because all of the existing at-grade crossing on a formula that several. The feeding of wild animals of the existing at-grade crossing on a formula that considers aspects! Law prohibiting the feeding of wild animals since conditions can vary widely depending on the. Applicable to Counties with a Population of Less Than 100,000 Persons ) ( 2005.! An alternative to eradication programs ( Ohio Ct. App control regulations where you live damages caused by feral are! The common law categories of animal ownership in fee, 31751.6 100 for each cat.! 45 ; see also McElroy v. Carter, no individuals are feeding cats... Animals, that was not a feeding feral cats laws california firm and can not offer legal advice an. Animals are written for informational purposes it legal to feed stray animals, that not! 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