The answer to this question is likely to depend on the degree of control that the individual exercises over the cats. Anyone who abandons animals at any location in the county is included. Amended by Stats.2022, c. 549 (A.B.2723), 2, eff. 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. Chapter 2. The court accepted the plaintiff's claim that the aggressive tendencies of stray and feral cats pose certain risks that domestic housecats do not, especially when they are cornered by human. Mammals. 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. 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. (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. (Added by Stats.1998, c. 752 (S.B.1785), 16.5, operative July 1, 2001. (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. 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. 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. Food & Agric. The city of Gilbert passed an ordinance in 2018 banning residents from feeding feral cats. 29D05-0605-SC-1055 (Ind. M2005-00414-COA-R3-CV, 2006 WL 2805141, at *6 (Tenn. Ct. App. Special Provisions Applicable to Counties with a Population of Less Than 100,000 Persons. Rather, the cases look closely at evidence of ownership to determine whether the keeper or caretaker should be subject to liability. When they do attempt to resolve these issues, judges and legislatures must take care to ensure that the legal regime they impose on feral cat keepers and caretakers is not overly burdensome. 2023 Michigan State University College of Law. 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. The limited funding that the state has is then appropriated to the top ranking projects. Code 14-8-2-87 (2009. Feral cats do not fit neatly within the common law categories of animal ownership. The court held that the defendant did not owe a duty to the plaintiff to prevent the feral cats from causing this damage, and therefore, the defendants failure to prevent the cats from damaging the plaintiffs property did not constitute negligence. 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. Id. At least one other state, however, has taken a different approach. (c) 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. Ask The Californian appears on Mondays. 4150 . Upon moving into the home, the family noticed that many domestic and feral cats were frequently coming onto their property, and the cats had been defecating and urinating in the plaintiffs yard. 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? "There is a California law that prohibits the abandonment of animals PC 597s (a): 'Every person who willfully. In contrast, keepers and caretakers usually care for feral cats where they find them, exercising a limited degree of control over the animals. 6.1.703 Removal of animal from City. (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. Amended by Stats.2004, c. 253 (S.B.1301), 9. Ct. Mar. Notice to animal control services agency of performances to be conducted Second, the article addresses the question of whether feral cat keepers or caretakers can be held civilly liable for the actions of feral cats. First, feral cats are members of the same species as domestic cats. Jan. 1, 2020. These statutes comprise California consolidated cat laws. 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. 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. 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. Similarly, some states classify feral cat caretakers as owners and further require owners to spay and neuter their pets or immunize them against rabies. (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). That way, you can avoid possible fines or other penalties. 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. Zaunbrecher, K.I. 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. Hart Park is within county jurisdiction. (3) Some people care for or own feral cats. The court rejected this argument because, as a factual matter, the record showed that a local organization returned the cats to the neighborhoodnot the defendant. But taking care of a stray has a price under state law. 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. Ideally, more state and local legislatures should begin to address this complex and convoluted area of law. Jan. 1, 2020.). 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. Further, it is a misdemeanor for a cat owner to fail to pay any license tax required by this chapter before February 1 for the year in which it is due. Va. Code Ann. Cloudy. 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. "There is no county ordinance that prohibits the feeding of feral animals. Mammals. Ownership (Added by Stats.1998, c. 752 (S.B.1785), 14. Ensuring animals are sterilized prior to entering the community ensures that they will not contribute to the existing dog and cat population. Nongame mammal defined; possession and taking; trapping for recreation or commerce; sale of raw fur. Many state and local governments have not directly addressed the issues of ownership and responsibility related to feral cats. 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. Please log in, or sign up for a new account to continue reading. (a) No person shall feed or in any manner provide food for one or more non-domesticated mammalian predators. (e) As used in this division, a business day includes any day that a public or private shelter is open to the public for at least four hours, excluding state holidays. Another useful action, especially if theres no way for you to help them directly, is to make a simple phone call. Credits(Added by Stats.1971, c. 1470, p. 2907, 21. Further, the statute provides that any refusal to permit any animal control officer to impound such cat shall be deemed evidence of ownership . Theres no federal law that prohibits feeding stray cats or any other type of animal. (c) This section shall remain in effect only until July 1, 2024, and as of that date is repealed. (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. Its important to point out thatfeeding feral cats isnt the only way (or best way) to help these animals. Birds and Mammals. , 746 N.Y.S.2d 747, 750 (N.Y. App. 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). The contents of My Animals are written for informational purposes. after obtaining older data from VDACS by filing public record requests under Virginia's sunshine laws, that of the 49,737 dogs and cats PETA received . The cats also urinated and defecated in the crawl space of the home. West's Annotated California Codes. In short, we are in bad need of a couple of bridges over here, folks. These fines are for unneutered impounded animals only, and are not in lieu of any fines or impound fees imposed by any individual city, county, public animal control agency or shelter, society for the prevention of cruelty to animals shelter, or humane society shelter. The first problem is the question of whether feral cats are wild or domestic animals. 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. There is also a colony at the 24th Street/Kern River bridge. According to one source, the law in Texas prohibiting cruelty to animals did not specifically protect feral cats until 2007. In Kyles , the plaintiffs were members of a family residing in a home located next to an apartment complex. 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? 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. We hope that you continue to enjoy our free content. Could they be exposed to criminal liability for abandonment, neglect, or failure to comply with registration or spay/neuter requirements? ), 31751.5. "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. Its also something that can be harmful for the health of these animals themselves. Is it legal to feed feral cats in California? However, its important to look into the local laws where you live, including laws that may apply to your specific community or neighborhood. The result of this approach is that the law of feral cats can, and often does, vary drastically within the same state. Second, keepers and caretakers do not exercise the level of control over feral cats that owners of wild animals exercise over those animals. Fish and Game Code. (d) This section applies to each county and cities within each county, regardless of population. (4) Feral cats pose particular safety hazards for animal shelter employees. The reasoning in these cases could be applied to feral cat keepers in caretakers in jurisdictions that consider keepers and caretakers to be owners. However,its important to understand the diverse legal aspects before doing so. Holding period for impounded cats, (Added by Stats.1980, c. 1060, p. 3397, 2. "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.' Journal of the American Veterinary Medical Association 1993, 203, 449-452. Fiori v. Conway Org. Feral cat is . 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. ), 31753. (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. (Added by Stats.1998, c. 747 (A.B.1856), 6.5, operative Jan. 1, 2000. 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. However, there are some communities were doing so is illegal. Although the Baylor Law Review article and the Indiana Superior Court case suggest that a court may not hold caretakers responsible for the behavior of feral cats, the case law on this issue is nearly nonexistent. Kyles v. Great Oaks Interests , No. Div., 1985) (stating that keepers of wild animals are strictly liable). 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. (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. at 74850. Also, if feeding wild animals is prohibited and the law doesn't clearly define feral cats as domestic animals, it should be addressed. 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 county ordinance, which the court found to be the controlling law in the case, stated that [i]t shall be unlawful for a person to provide food, water or shelter to a colony of feral cats. However, the county ordinance explicitly exempted individuals who provide food, water or shelter in conjunction with an authorized TNR program. This article addresses three primary legal questions. Connecticut allows municipalities to require feral cat keepers to register with the local animal control officer. (Added by Stats.2019, c. 205 (S.B.245), 4, eff. (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. You can certainly TRY a local feline rescue service, Code Enforcement, or even animal control of course, but feral cats are no picnic to catch. Id. As discussed above, feral cats do not fit neatly within the common law of animal ownership. Shelters; waiver of cat adoption fee for veterans; limit on number of cats adopted, 31766. Amended by Stats.1957, c. 1972, p. 3520, 47; Stats.1971, c. 1470, p. 2908, 22.). Thus, the most rational way to determine ownership of feral cats is to use a modified version of the legal regime for owners of domestic animals, in which courts look at the extent to which a particular keeper or caretaker has exercised control over a feral cat and then imposes limited liability in a way that reflects that level of ownership. Winds N at 15 to 25 mph. The cat shall be spayed or neutered within 14 business days of that certification. California CA Food & Ag Code 31752.5 Regulation of cats - . (2) Notwithstanding subdivision (a), this section does not require a cat to be microchipped if the agency, shelter, or group receives a signed form from the owner reclaiming the cat or new owner receiving the cat that states that the cost of microchipping would impose an economic hardship for the owner or new owner. Legislative findings and declarations. Regulation of Cats. Division 4. In general, though, these state laws are strictly definitional. Credits(Added by Stats.2020, c. 108 (S.B.573), 2, eff. 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. If the cat is determined to be truly feral, the cat may be euthanized or relinquished to a nonprofit, as defined in Section 501(c)(3) of the Internal Revenue Code,1 animal adoption organization that agrees to the spaying or neutering of the cat if it has not already been spayed or neutered. For more information on the UC Berkeley RFS Ridgway's rail conservation program, go to the Restoration Page of the RFS Environmental Website. Feral. McElroy v. Carter , No. (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. (3) A followup program to ensure that dogs and cats transferred by the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group are spayed or neutered in accordance with the agreement executed under subdivision (d) of Section 31760. 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. Division 4. This article addresses three primary legal questions. Thank you for reading! As discussed above, this varying degree of control over feral cats is why common law jurisdictions are likely to determine liability based on the amount of control that a particular keeper or caretaker has exercised. Since conditions can vary from one place to another,its good to seek out the specific animal control regulations where you live. Regulation of Cats Generally. Ask The Californian: Is it illegal to feed feral cats? 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. No, that was not a typo, there is potential criminal liability for feeding feral cats. Whats more, feeding strays attracts even more cats to the immediate area. (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. Any licensed cattery may be exempted pursuant to regulation or ordinance from any requirement to obtain a license tag for each cat within the cattery. Plum officials have enacted a new law in order to discourage residents from taking care of feral cats. 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 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. With some exceptions, cats are required to be held for six days, pending retrieval by their owners or adoption by the . H028774, 2007 WL 495897 (Cal. The town ordinance required [e]very person responsible for an animal located within the City to ensure that such animal . See David Favre & Murray Loring, Animal Law 7 (1983); see also Eyrich v. Earl , 495 A.2d 1375, 1377 (N.J.Super. Renumbered 31751.3 and amended by Stats.1998, c. 747 (A.B.1856), 6, operative Jan. 1, 2000. "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. Until then, however, only the courts can provide clearer guidance for keepers and caretakers in common law jurisdictions. The statute further defines an animals owner as anyone who (i) has a right of property in an animal; (ii) keeps or harbors an animal; (iii) has an animal in his care; or (iv) acts as a custodian of an animal. Id. 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.). Theres always a need for caring individuals to help out at. (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). (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. Chapter 1. Licensed cattery; exemption from tag requirement. These cats damaged the plaintiffs home, destroying insulation, a vapor barrier, and duct work. [d]oes not become a public nuisance, does not run at large, and [d]oes not defecate on the property of another . Food and Agricultural Code (Formerly Agricultural Code. These important distinctions would explain why some states have specifically excluded feral cats from their statutory definitions of exotic or wild animals. (c)(1) Except as provided in Section 17006, any stray cat that is impounded pursuant to this division shall, before the euthanasia of that animal, be released to a nonprofit, as defined in Section 501(c)(3) of the Internal Revenue Code,1 animal rescue or adoption organization if requested by the organization before the scheduled euthanasia of that animal. Their presence increases hygiene and health problems which are already an issue for society. A: There's a prohibition in the city of Bakersfield, but not in unincorporated areas of Kern County. Many local laws are punitive. See id. My Animals A blog on tips, care and everything related to the world of animals. 2012 2023 . (4) For purposes of subparagraph (B) of paragraph (1), an owner reclaiming a cat or new owner receiving a cat is not required to register the cat's microchip number with a microchip registry company that will use, without the owner's or new owner's consent, the personal information of the owner or new owner for purposes other than to reunite the owner or new owner with the cat. 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. . Id. Id. (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). Chapter 3. 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