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 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. Id. 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 ? Sept. 29, 2006) . Jan. 1, 2019; Stats.2019, c. 8 (A.B.1565), 1, eff. What do we need to keep in mind? 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. 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). The limited funding that the state has is then appropriated to the top ranking projects. Shelters; waiver of cat adoption fee for veterans; limit on number of cats adopted, 31751.5 . Id. (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. 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. "I would say no, because I've never even had the complaint," Davis said. Cloudy. "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.' Repealed by Stats.2004, c. 253 (S.B.1301), 10, 4150. In contrast, keepers and caretakers usually care for feral cats where they find them, exercising a limited degree of control over the animals. On a national level, there are no laws to keep you from giving food to strays. 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. A further problem is the relatively limited degree of control exercised by the defendant in Baker . C. G. S. A. 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). 76-9-301 . (b) 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 subdivision (a). 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. Providing resources to facilitate these efforts, including educational materials and funding, will help ensure their success. ), 31753. Jan. 1, 2020.). Repealed by Stats.1999, c. 81 (A.B.1482), 1, operative July 1, 2000. 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. 4150 . 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. We can help put people in touch with resources if they are looking to have their pet spayed or neutered and we urge the public to contact us at animalcontrol@co.kern.ca.us for more information or call Monday-Friday between 8 a.m. and 5 p.m. at 321-3000.". (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. This site is not a law firm and cannot offer legal advice. 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. 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. Chapter 2. However, there are some communities were doing so is illegal. Connecticut allows municipalities to require feral cat keepers to register with the local animal control officer. These cats damaged the plaintiffs home, destroying insulation, a vapor barrier, and duct work. Christman-Resch v. City of Akron , 825 N.E.2d 189, 676 n.1, 686 (Ohio Ct. App. The answer to this question is likely to depend on the degree of control that the individual exercises over the cats. at 26. The court found that the total amount of damage caused by the cats to the plaintiff's property was approximately $2000. Ownership (a) A mammal occurring naturally in California that is not a game mammal, fully protected mammal, or fur-bearing mammal is a nongame mammal. That way, youll know just what the limits are when its time to act. 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. (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. 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 ). (d) If an adopted cat dies within the spaying or neutering period provided for in the written agreement pursuant to Section 31760, subdivision (c) shall not apply to the cat. (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. (4) Feral cats pose particular safety hazards for animal shelter employees. "Pets that are abandoned face the dangers of the elements, predators, other animals, vehicles and even humans. Feral cats do not fit neatly within the common law categories of animal ownership. Among the provisions include possession requirements for non-domestic cats, vaccination and impound procedures for domestic cats, and legislative policy statements about feral cats. 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. 32.1302 Food Left Outside for Any Animal During Certain Hours. (4) Issues a check for insufficient funds for any spaying or neutering deposit required under this chapter. (a) Upon relinquishment of a cat to a public or private shelter, the owner of that cat shall present sufficient identification to establish his or her ownership of the cat and shall sign a statement that he or she is the lawful owner of the cat. However,its important to understand the diverse legal aspects before doing so. 6.1.702 Enforcement action. (3) If the owner, at any time subsequent to 30 business days after the spaying or neutering agreement was signed, provides proof of spaying or neutering, the deposit shall be forfeited, but any fine levied but not yet paid, shall be waived. Further, the statute provides that any refusal to permit any animal control officer to impound such cat shall be deemed evidence of ownership . 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. Id. 3907 . We seek to change them into positive laws that save animals and meet the needs of cats, caregivers, owners, and the community at large. 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. "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. . In light of the policy implications associated with defining feral cats as wild animals and thereby subjecting keepers and caretakers to a strict liability regime, a court would be more likely to find that feral cat keepers and caretakers are analogous to owners or keepers of domestic animals. at 2. For purposes of this subdivision, raw fur has the same meaning as defined in Section 4005. Code 31750 - 31766; West's Ann. After registering with the municipality, the feral cat keeper must vaccinate and sterilize the cats in her care. M2005-00414-COA-R3-CV, 2006 WL 2805141, at *6 (Tenn. Ct. App. At least one other state, however, has taken a different approach. 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. When considering rules for managing stray or feral cats, it's best to keep in mind the following: Encourage residents who feed stray and feral cats to have the cats sterilized and vaccinated. 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. Winds N at 15 to 25 mph. 29D05-0605-SC-1055 (Ind. Laws regarding the impoundment of dogs and cats are consistent in most states. A feral cat is totally unsocialized to people. 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. This article attempts to clarify the answers to these questions, giving feral cat caretakers, property owners, and others interested in the issue a clearer understanding of their legal rights and obligations. For more information on the UC Berkeley RFS Ridgway's rail conservation program, go to the Restoration Page of the RFS Environmental Website. Holding of other impounded animals. This article addresses three primary legal questions. Local ordinances concerning the adoption or placement procedures of any animal shelter shall be at least as restrictive as this chapter. Division 14.5. (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. 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First, how does feeding feral cats negatively impact the community? 6.1.703 Removal of animal from City. Id. 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. Also, if feeding wild animals is prohibited and the law doesn't clearly define feral cats as domestic animals, it should be addressed. No. (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. 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. (For further discussion of general issues pertaining to feral cats and feral cat colonies, see Anthony B. Lacroix, Feral Cats , Animal Legal & Hist. See generally 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. In one recent case, a California appellate court recently held that the plaintiffs nuisance claim, which was based on the defendants alleged failure to cease activity that resulted in the attraction of feral and domestic cats to the plaintiffs backyard, survived summary judgment. 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. And a feral cat, generally speaking, is less likely to be tame than a domestic housecat. McElroy v. Carter , No. Feb. 16, 2007) . . Holding period; owner redemption, 31755. 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. Division 4. Jan. 1, 2018. Also, laws can state that a separate violation occurs to each animal involved. (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. Amended by Stats.2004, c. 253 (S.B.1301), 6. (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. This case illustrates the careful balancing act involved in crafting a feral cat statute or ordinance. Food and Agricultural Code (Formerly Agricultural Code). A: Arnold Ramming, an engineer in the Bakersfield Public Works Department, answered: "At this time, the city does not have plans to construct a grade separation at any of the crossings referred to in the question. Second, keepers and caretakers do not exercise the level of control over feral cats that owners of wild animals exercise over those animals. Code 14-8-2-87 (2009. 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. The statute defines a keeper as any person or organization, harboring, regularly feeding or having in his or its possession any feral cat. The law further clarifies that an individual is more likely to qualify as a keeper if she attempts to prevent an animal control officer from impounding feral cats. You have permission to edit this article. Credits(Added by Stats.1971, c. 1470, p. 2907, 21. (Added by Stats.1973, c. 361, p. 803, 4. Chapter 3. Birds and Mammals. There is no county law prohibiting the feeding of wild animals. (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. Mammals. Is she subject to other ownership requirements, such as ordinances requiring registration or sterilization? Could they be exposed to criminal liability for abandonment, neglect, or failure to comply with registration or spay/neuter requirements? There are several reasons behind it being a bad ideaand sometimes illegalto feed strays. 31750. 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. Is it legal to feed feral cats in California? Detailed Discussion of Feral Cat Legal Issues. Further, cases like Kyles are limited in their usefulness since they do not present a single, bright-line legal rule for determining ownership of feral cats. In general, though, these state laws are strictly definitional. Super. A non-domesticated mammalian predator shall include coyotes, raccoons, foxes, opossums, bears, mountain lions, and bobcats. Despite endless campaigns to raise awareness, there are still humans that make the decision to abandon their pets. Part 3. Chapter 3. (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. Regulation of Cats. Food & Agric. There is a California law that makes abandoning an animal a crime. 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 did not, however, address the question of whether a feral cat caretaker could be held criminally liable under the ordinancea distinct possibility, given the ordinances broad definition of ownership. The cats also urinated and defecated in the crawl space of the home. However, its important to look into the local laws where you live, including laws that may apply to your specific community or neighborhood. Cal. We will do our best to find a second home for your pet. As discussed below, this diminished level of control makes it difficult to determine how feral cat ownership should be determined in common law jurisdictions. See id. Credits(Added by Stats.2020, c. 108 (S.B.573), 2, eff. (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. 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 rationale is less persuasive when applied to feral cats for two reasons. Legislative findings and declarations, 31753 . 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 . (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. Their presence increases hygiene and health problems which are already an issue for society. (Added by Stats.1998, c. 747 (A.B.1856), 6.5, operative Jan. 1, 2000. Nongame Mammals. Many people, even with the best of intentions, give cats food that isnt suitable for them. These cats breed, multiply, fight, and spread diseases to one another. 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