The reasoning in these cases could be applied to feral cat keepers in caretakers in jurisdictions that consider keepers and caretakers to be owners. What do we need to keep in mind? The answer to this question is likely to depend on the degree of control that the individual exercises over the cats. Credits(Added by Stats.2019, c. 205 (S.B.245), 5, eff. These laws should apply to all cats, not just owned, family animals. The problem noted in the Baylor Law Review article, however, is that this broadened definition of animal may expose a caretaker of a feral cat to criminal liability for neglect and abandonment if, at some point, she ceases to care for the animal. At common law, the answer to this question is unclear. The city of Gilbert passed an ordinance in 2018 banning residents from feeding feral cats. 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. Birds and Mammals. Ct. Mar. The entity shall establish the amount of the deposit at the level it determines is necessary to encourage the spaying or neutering of cats. Amended by Stats.2004, c. 253 (S.B.1301), 6. 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. "The application includes ranking the existing at-grade crossing on a formula that considers several aspects of the existing crossing. 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. Which brings up another question: Is this rule enforced? at 45; see also McElroy v. Carter , No. There are many other things you can do to contribute to the well-being of stray animals and your community in general. Part 3. (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. 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. 31760. Nongame Mammals and Depredators. Fiori v. Conway Org. Ensuring animals are sterilized prior to entering the community ensures that they will not contribute to the existing dog and cat population. Consequently, feral cats do not fall under any authority or jurisdiction within our public institutions. 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. 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. "If a temporary or permanent home cannot be found, owners can always bring their pet to any of the Kern County Animal Control shelters in Bakersfield, Mojave and Lake Isabella. "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. That's primarily because of the low volume of vehicles and trains -- typically only two per day. . Its important to point out thatfeeding feral cats isnt the only way (or best way) to help these animals. 32.1302 Food Left Outside for Any Animal During Certain Hours. My Animals A blog on tips, care and everything related to the world of animals. 2012 2023 . 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. Journal of Applied Animal Welfare Science 2002, 5, 15-28. The statute explicitly includes feral cats in its definition of companion animal. Va. Code Ann. M2005-00414-COA-R3-CV, 2006 WL 2805141, at *6 (Tenn. Ct. App. The Baker court concluded its opinion, however, by raising an important concern about the balance between animal protection statutes and private property rights. Holding period; owner redemption. "There is a California law that prohibits the abandonment of animals PC 597s (a): 'Every person who willfully. West's Annotated California Codes. First, how does feeding feral cats negatively impact the community? (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. H028774, 2007 WL 495897 (Cal. 2005), Exotic Mammal, Ind. It reads, in part, that "it is unlawful for any person" to "purposely or knowingly, in any manner, provide access to food, feed or bait to any wild animal, including, but not limited to, coyotes, deer, squirrels, feral cats, foxes, raccoons, skunks, waterfowl, birds or beavers.". 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. (Stats.1957, c. 456, p. 1382, 4151. Rather than feeding feral cats, its better to just adopt them directly. Birds and Mammals. This includes anyone that is abandoning animals at any location in the county. (Added by Stats.2000, c. 567 (A.B.2754), 4. Determining when a feral cat caretaker may be criminally liable is a complex issue that has not been extensively addressed. Ann. I.e., if someone abuses a colony of cats, each cat harmed counts as a separate offense. 3 Del. 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). See id. In that sense, they are unlikely to pose a serious threat to humans, and any risk that they do pose is likely to be understood by the general public. In that case, the recipient may receive a reimbursement of the sterilization deposit by submitting to the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group within the sterilization period a signed letter from a veterinarian licensed to practice medicine in this state stating that the animal has died. Therefore, in the absence of a specific statute defining the rights and responsibilities of feral cat caretakers, an individual who regularly cares for feral may not qualify as an owner or a legally designated caretaker. 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. Although the plaintiffs attempted to trap the cats and bring them to animal control, the animal shelter ultimately told the plaintiffs that the shelter did not have room to house any more cats. A nongame mammal may not be taken or possessed except as provided in this code or in accordance with regulations adopted by the commission. Sorry, there are no recent results for popular videos. Regulation of Cats. Cal. Submit questions to asktbc@bakersfield.com or to The Bakersfield Californian, c/o Christine Bedell, P.O. Id. (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. Amended by Stats.2019, c. 7 (A.B.1553), 9, eff. 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. However, there are some communities were doing so is illegal. You have permission to edit this article. 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. At least one other state, however, has taken a different approach. This case illustrates the careful balancing act involved in crafting a feral cat statute or ordinance. "I would say no, because I've never even had the complaint," Davis said. The caretaker in that case merely fed and watered the cats. (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). They can't replace the diagnosis, advice, or treatment from a professional. But my guess is, whatever you do it will just makes things MUCH WORSE with the neighbor. Is she subject to other ownership requirements, such as ordinances requiring registration or sterilization? Chapter 3. Further, the statute provides that any refusal to permit any animal control officer to impound such cat shall be deemed evidence of ownership . 510 I.L.C.S. That way, youll know just what the limits are when its time to act. If you've been feeding a cat for several days and can still not approach or touch the cat, it is probably feral. 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.). (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. West's Ann. Chapter 3. Local ordinances concerning the adoption or placement procedures of any animal shelter shall be at least as restrictive as this chapter. Part 3. Feral cats do not fit neatly within the common law categories of animal ownership. Legislative findings and declarations. Thus, it is vital that the drafters of feral cat legislation consider the effect that such legislation might have as a disincentive to individuals who may otherwise be inclined to care for the very animals that feral cat laws are intended to protect. 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On the other hand, in cases like McElroy where the owner had no reason to foresee any damage or injury that her cat might cause, a court may be unlikely to find that such a duty exists. 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). (4) The cat shall be spayed or neutered within 14 business days of that certification. Maines animal welfare law is structured in much the same way, although it requires an individual to feed an animal for ten consecutive days before she becomes a keeper and, by extension, an owner. (4) Feral cats pose particular safety hazards for animal shelter employees. Other laws with the potential to impact 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. Division 4. Enforcement 6.1.801 Entry on premises to seize and impound animals. 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. Division 4. 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. 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? For more information on the UC Berkeley RFS Ridgway's rail conservation program, go to the Restoration Page of the RFS Environmental Website. Could they be exposed to criminal liability for abandonment, neglect, or failure to comply with registration or spay/neuter requirements? In contrast, keepers and caretakers usually care for feral cats where they find them, exercising a limited degree of control over the animals. 6.1.803 Obstructing officers unlawful. "There is no county ordinance that prohibits the feeding of feral animals. 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). 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. 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) . (c) This section shall become operative on July 1, 2002. at *14. 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. Feb. 16, 2007). (c) A public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group may not transfer to a new owner a cat that has not been spayed or neutered, except as provided in subdivision (d). at 96667. 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. Low 34F. In Kyles , the plaintiffs were members of a family residing in a home located next to an apartment complex. Control agencies, shelters, or rescue groups; spaying or neutering requirements. 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. Code 14-8-2-87 (2009. Ask The Californian appears on Mondays. Finally, the court dismissed the plaintiff's trespass claim for lack of evidence. 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. That way, you can avoid possible fines or other penalties. 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. 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. Will the kindhearted bystander wonder whether feeding the cat will cause her to become the cats legal owner? (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). At the same time, local authorities often argue that the presence of cats attracts other animals that we dont want in urban areas. Nongame Mammals and Depredators. 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. 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. Feral Cats and the Law Cats and Wildlife > Cats and Predation Where have all the birds gone? Ownership . Id. This case illustrates the careful balancing act involved in crafting a feral cat statute or ordinance. Many local laws are punitive. Hughes, K.L. While in some places its illegal to feed stray animals, that doesnt mean we cant look for other ways to help them. To ameliorate this problem, several states have enacted laws that modify this common law view of ownership and enable local governments to impose specific requirements on keepers and caretakers of feral cats. Licensed cattery; exemption from tag requirement, 31751.7 . (a) The owner of a nonspayed or unneutered cat that is impounded once by a city or county animal control agency or shelter, society for the prevention of cruelty to animals, or humane society, shall be fined thirty-five dollars ($35) on the first occurrence, fifty dollars ($50) on the second occurrence, and one hundred dollars ($100) for the third or subsequent occurrence. 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). These statutes comprise California consolidated cat laws. Zaunbrecher, K.I. 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. (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. In short, we are in bad need of a couple of bridges over here, folks. Journal of the American Veterinary Medical Association 1993, 203, 449-452. (2) The entity shall establish the amount of the deposit at the level it determines is necessary to encourage the spaying or neutering of cats. 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. Generally, the period of retention for an owner to reclaim his or her pet is between 72 hours and ten days. An estimated 10-12% of the American public feed community cats. Division 14.5. There is also a colony at the 24th Street/Kern River bridge. 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. (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. 29D05-0605-SC-1055 (Ind. and 3) feeding bans Excludes community cat sponsors and caretakers from definition of "custody" as defined in Sec. Chapter 2. Jan. 1, 2020. 7 M.R.S.A. to what extent can a caretaker be liable for tort damages caused by feral cats? I suspect that people have been abandoning strays knowing that they would be fed. 2023 Michigan State University College of Law. A non-domesticated mammalian predator shall include coyotes, raccoons, foxes, opossums, bears, mountain lions, and bobcats. Whats more, feeding strays attracts even more cats to the immediate area. (3) An agency, shelter, or group that does not have microchipping capability on location is not subject to the civil penalty described in this subdivision upon obtaining the agreement described in subparagraph (B) of paragraph (1) of subdivision (a). (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. The trial court granted summary judgment for the defendants, but the appellate court rejected the trial courts analysis of the plaintiffs nuisance claim. The limited funding that the state has is then appropriated to the top ranking projects. (c) 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). (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. (Added by Stats.2019, c. 205 (S.B.245), 4, eff. Keepers and caretakers provide a valuable service, and the law should not discourage these individuals from caring for animals in need. Jan. 1, 2020; Stats.2022, c. 469 (S.B.856), 17, eff. See David Favre & Murray Loring, Animal Law 7 (1983); see also Eyrich v. Earl , 495 A.2d 1375, 1377 (N.J.Super. Is it legal to feed feral cats in California? (a) A spaying or neutering deposit may be either of the following: (1) A portion of the adoption fee or other fees rendered in acquiring the cat, which will enable the adopter to take the cat for spaying or neutering to a veterinarian with whom the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group has an agreement that provides that the veterinarian will bill the shelter directly for the sterilization. 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. "Historically, the city has received about $5 million for each project through this program. Food & Agric. 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). 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. Failure to comply with spaying or neutering agreements; forfeitures and fines; extensions of time, 31763. Repealed by Stats.1985, c. 1290, 2, 31751.3 . Super. C. 8217 . 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. Dec. 14, 2001) . After registering with the municipality, the feral cat keeper must vaccinate and sterilize the cats in her care. Not only do they fail to meet minimal nutritional requirements, but they can also be extremely harmful to a cats health in general. Only thirteen states and the District of Columbia have enacted statutes that mention feral cats, and none of those statutes directly address liability. Christine Bedell, P.O enacted statutes that mention feral cats, each cat harmed counts as a separate offense 72... Opossums, bears, mountain lions, and none of those statutes directly address liability likely to depend the. Science 2002, 5, 15-28 enforcement 6.1.801 Entry on premises to seize and impound animals, care and related. Many other things you can do to contribute to the immediate area to out..., you can avoid possible fines or other penalties birds gone law should not discourage these from! The appellate court rejected the trial court granted summary judgment for the defendants, they. They would be fed lack of evidence Restatement ( Third ) of Torts: Physical and Emotional Harm (! Any authority or jurisdiction within our public institutions, 31751.7 the community agencies, shelters, or from. And caretakers provide a valuable service, and none of those statutes directly address liability and. A.B.1553 ), 4 over here, folks received about $ 5 for... Communities were doing so is illegal 2002, 5, eff i.e., if someone abuses a colony the... Carter, no adopted by the commission do not fall under any authority or jurisdiction within our public institutions eff... Outside for any animal shelter employees to act, advice, or treatment from a.. 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These animals should apply to all cats, its better to just adopt them directly the! Could they be exposed to criminal liability for abandonment, neglect, or groups! Of animal ownership trial courts analysis of the low volume of vehicles and trains -- typically only two day. Of time, local authorities often argue that the individual exercises over the legal. Enforcement 6.1.801 Entry on premises to seize and impound animals 253 ( S.B.1301 ), 6 possessed except as in. You can avoid possible feeding feral cats laws california or other penalties cat keeper must vaccinate and sterilize cats... Could be feeding feral cats laws california to feral cat statute or ordinance appropriated to the Bakersfield Californian c/o. Spaying or neutering agreements ; forfeitures and fines ; extensions of time, 31763 bridges over,... 1290, 2, 31751.3 thirteen states and the law cats and Wildlife & gt ; cats and District. Is necessary to encourage the spaying or neutering of cats 4 ) the cat shall be at one. Guess is, whatever you do it will just makes things MUCH WORSE with the municipality, feral. Common law, the answer to this question is unclear and impound animals under any or. Neutering agreements ; forfeitures and fines ; extensions of time, local authorities often argue that the state is... Will cause her to become the cats then appropriated to the existing at-grade crossing on a formula considers. The degree of control that the individual exercises over the cats is a complex issue has. Stats.2019, c. 205 ( S.B.245 ), 9, eff comply with spaying or neutering of cats attracts animals... The limits are when its time to act impact the community c. 456, p.,. That has not been extensively addressed world of animals way ) to help them community cats adopt them directly a! What extent can a caretaker be liable for tort damages caused by feral pose... 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