Cal. For purposes of this subdivision, raw fur has the same meaning as defined in Section 4005. There are several reasons behind it being a bad ideaand sometimes illegalto feed strays. 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. Repealed by Stats.1999, c. 81 (A.B.1482), 1, operative July 1, 2000. Is it legal to feed feral cats in California? If she moves to a new neighborhood, might she be held criminally liable for abandoning the cat she once cared for? If you are caught feeding coyotes, you could face jail time or a fine of up to $1,000. Regulation of Cats Generally. 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. (For further discussion of general issues pertaining to feral cats and feral cat colonies, see Anthony B. Lacroix, Feral Cats , Animal Legal & Hist. Local laws, on the other hand, vary significantly from town to town, and some of those laws may even go so far as to expose unwitting caretakers to civil or criminal liability. Theres always a need for caring individuals to help out at. (d) During the holding period required by this section and before the adoption or euthanasia of a cat impounded pursuant to this division, a public or private shelter shall scan the cat for a microchip that identifies the owner of that cat and shall make reasonable efforts to contact the owner and notify the owner that the cat is impounded and is available for redemption. 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. See David Favre & Murray Loring, Animal Law 7 (1983); see also Eyrich v. Earl , 495 A.2d 1375, 1377 (N.J.Super. In Fiori , a customer sued a store owner after the customer was attacked by a cat that had taken up residence in the store and was being fed by store employees. 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. 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. (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. Feb. 16, 2007) . At the same time, local authorities often argue that the presence of cats attracts other animals that we dont want in urban areas. (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). (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. Rev. There's no federal law that prohibits feeding stray cats or any other type of animal. Besides the above, if youre passionate about animals and advocating for their well-being, why not volunteer? at 98384, 98890. "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.". Amended by Stats.2019, c. 7 (A.B.1553), 9, eff. Similarly, Kentucky has enacted a statute that states, [a]ny person with feral cats on his premises shall make a reasonable effort to capture or vaccinate the cats. KY ST 258.015 . At least one other state, however, has taken a different approach. Its true that there are many individuals and organizations that are willing to help these defenseless animals. Theres no federal law that prohibits feeding stray cats or any other type of animal. Other laws with the potential to impact She did not provide shelter or veterinary care, and she never relocated or confined the animals. Whats more, feeding strays attracts even more cats to the immediate area. The court found that the total amount of damage caused by the cats to the plaintiff's property was approximately $2000. Ct. Mar. 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. (Added by Stats.1973, c. 361, p. 803, 4. 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. (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. 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. 510 I.L.C.S. 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. (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. Giving them a permanent home reduces the number of cats on the streets and this has a positive effect on all the areas we already mentioned. 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. The cats also urinated and defecated in the crawl space of the home. The policy rationale supporting strict liability is that a wild animal is so inherently dangerous that the burden should be on the owner, who made a conscious decision to possess the animal, to control the animal at all times. No. 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. Could they be exposed to criminal liability for abandonment, neglect, or failure to comply with registration or spay/neuter requirements? . Detailed Discussion of Feral Cat Legal Issues. Id. Article 1. Code 31750 - 31766; West's Ann. Under this system, a person who feeds feral cats outside of her office building every morning might not be subjected to liability at all, whereas a person who provides shelter, food, water, and veterinary services for a group of feral cats would be more likely to be liable for the actions of those 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. Thus, when a statute or local ordinance explicitly defines the role and responsibility of a feral cat keeper or caretaker, it is important to look closely at the statute, ordinance, and any relevant case law to fully understand the risks, rights, and responsibilities associated with caring for feral cats. Sept. 29, 2006) (holding that a domestic cat owner is not under a general duty to prevent property damage caused by the cat unless the damages were foreseeable). (Added by Stats.1998, c. 747 (A.B.1856), 7, operative Jan. 1, 2000. (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. (e) No city or county, society for the prevention of cruelty to animals, or humane society is subject to any civil action by the owner of a cat that is spayed or neutered in accordance with this section. 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. In general, though, these state laws are strictly definitional. . 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. Nongame mammal defined; possession and taking; trapping for recreation or commerce; sale of raw fur. Birds and Mammals. (Added by Stats.1998, c. 752 (S.B.1785), 15. (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. 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? Rhode Island then allows local governments to implement permitting requirements for feral cat caretakers. 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)(1) If a recipient fails to comply with the spaying or neutering agreement within 30 business days after the agreement is signed, the recipient shall forfeit the sterilization deposit and is subject to a fine pursuant to Section 31763. Rather than feeding feral cats, its better to just adopt them directly. 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) Notwithstanding any other provision of this code or regulations adopted pursuant to this code, it is unlawful for any person to trap any nongame mammal for purposes of recreation or commerce in fur. In another case, a New York state trial court held that a store owner could be liable for personal injuries caused by a stray or feral cat in the store. 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. H028774, 2007 WL 495897 (Cal. According to one source, the law in Texas prohibiting cruelty to animals did not specifically protect feral cats until 2007. Is she subject to other ownership requirements, such as ordinances requiring registration or sterilization? Higher wind gusts possible.. "The application includes ranking the existing at-grade crossing on a formula that considers several aspects of the existing crossing. (3) Some people care for or own feral cats. Baker v. Middleton , C.A. . 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. The answers to these questions can vary widely depending on where the individual lives. Local ordinances; animal placement procedures, 31764.5. 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. ), 31751.6. required by law. The best way to avoid a fine for feeding stray cats and other animals is tostay informed about the laws and ordinances of your local community. At common law, the answer to this question is unclear. Fish and Game Code. In determining whether the nuisance claim could be decided on summary judgment in favor of the defendants, the appellate court evaluated whether the plaintiffs had adequately shown that the defendants owed them a legal duty of care, that the defendants breached that duty, and that the breach was the cause of the plaintiffs damages. In short, we are in bad need of a couple of bridges over here, folks. (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. It is important to note, however, that very few cases have addressed the issue of civil liability for feral cat keeping or caretaking. (Stats.1957, c. 456, p. 1382, 4151. 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. But taking care of a stray has a price under state law. Special Provisions Applicable to Counties with a Population of Less Than 100,000 Persons. , 825 N.E.2d 189, 676 n.1, 686 (Ohio Ct. App. Q: The cat population in Hart Park appears to be out of control. See David Favre & Murray Loring, Animal Law 7 (1983) . ), 31751.5. Amended by Stats.2004, c. 253 (S.B.1301), 6. The caretaker in that case merely fed and watered the cats. (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. 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. She is unlikely to provide shelter or regular veterinary care, and she would presumably be less likely to assert ownership over the cat or try to keep it from straying. Only thirteen states and the District of Columbia have enacted statutes that mention feral cats, and none of those statutes directly address liability. 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. West's Ann. The public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group shall not be registered with a microchip registry company as the primary owner of the cat. 2023 Michigan State University College of Law. 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. Winds light and variable. And a feral cat, generally speaking, is less likely to be tame than a domestic housecat. When to Separate a Kitten from Its Mother, Invasive Rats and Their Influence on Reef Fish, The Giant Golden-Crowned Flying Fox, the World's Largest Pollinator, One way to help cats or any other stray animals is to. 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 ). Here are some of the most common sections of local laws that commonly affect cats. Holding period; owner redemption, 31755. Regulation of Cats. What does it mean to own a feral cat? Enforcement 6.1.801 Entry on premises to seize and impound animals. 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. Holding of other impounded animals. 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. We'll tell you want you need to know. For the purposes of this division, each member of a litter of kittens, weaned or unweaned, shall be treated as an individual animal. (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. The city of Gilbert passed an ordinance in 2018 banning residents from feeding feral cats. 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. Debunking the Myths and Misinformation: Cat Predation Why Eradication Methods Fail Handbook Download Cat Health & Supplies Health Care for Your Cat > Vaccines Wellness Vet Checkups Microchiping Nail Trimmings 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. This ordinance clearly outlined the rights and duties of feral cat caretakers, giving the judge a legal basis for deciding whether the defendant was liable for damage to the plaintiff's property. Someone who cares for a feral cat is likely to limit her activity to feeding, watering, and in some cases spaying or neutering the animal. Id. The Tennessee Court of Appeals recently held that a cat's owner did not owe a duty to prevent her cat from trespassing on her neighbor's property. Anyone who abandons animals at any location in the county is included. ), 31753. 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. Their presence increases hygiene and health problems which are already an issue for society. (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). In the vast majority of jurisdictions, however, courts will have no guidance other than common law. "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. Select from the 0 categories from which you would like to receive articles. ), 31752. Will she consider the possible rights and responsibilities that might arise from her caretaking? Chapter 2. (2) For the purposes of this section, a "rescue group" is a for-profit or not-for-profit entity, or a collaboration of individuals with at least one of its purposes being the sale or placement of cats that have been removed from a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, or humane shelter or that have been previously owned by any person other than the original breeder of that cat. That way, you can avoid possible fines or other penalties. Will the kindhearted bystander wonder whether feeding the cat will cause her to become the cats legal owner? 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. In 2007, the Texas legislature amended its animal protection statute to include feral cats and dogs in the statutes definition of animal. This amendment was passed in response to several instances in which juries acquitted defendants who were accused of cruelty to feral animals because feral animals were not explicitly protected by the states animal cruelty statute. The letter shall include a description of the cat. In Kyles , the plaintiffs were members of a family residing in a home located next to an apartment complex. As a result, many criminal defendants who were arrested on animal cruelty charges were acquitted because their alleged crimes had been committed against feral animals. at 45; see also McElroy v. Carter , No. Renumbered 31751.3 and amended by Stats.1998, c. 747 (A.B.1856), 6, operative Jan. 1, 2000. Pickup is the same day beginning at 3:30-4:00p.m. For the rules in the city, we turned to Tammy Davis, animal control supervisor for the city of Bakersfield, who cited a section of code that defines prohibited activity in city parks. (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. 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