Id. This article addresses three primary legal questions. 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. These laws should apply to all cats, not just owned, family animals. 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. M2005-00414-COA-R3-CV, 2006 WL 2805141, at *6 (Tenn. Ct. App. A further problem is the relatively limited degree of control exercised by the defendant in Baker . Despite endless campaigns to raise awareness, there are still humans that make the decision to abandon their pets. According to one source, the law in Texas prohibiting cruelty to animals did not specifically protect feral cats until 2007. Div. It is important to note, however, that very few cases have addressed the issue of civil liability for feral cat keeping or caretaking. The court went on to reject two alternative theories of negligence proffered by the plaintiff. 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. There should be no fell cats if cat domestication had been carried out properly by humankind. With some exceptions, cats are required to be held for six days, pending retrieval by their owners or adoption by the . Feral cats per se are an admission of society's failure in the process of domesticating cats. (2) A deposit that is both of the following: (A) Refundable to the recipient if proof of spaying or neutering of the cat is presented to the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group not more than 30 business days after the date the cat is spayed or neutered. (Stats.1957, c. 456, p. 1382, 4151. (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. (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. 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. Despite the fact that a feral cat ordinance was the controlling law in the case, the judge still held in favor of the defendant because that ordinance did not specifically create a duty owed by the defendant to the plaintiff. Fish & G. Code 4150 - 4151, CA FOOD & AG 31750 - 31766; CA FISH & G 4150 - 4151. At common law, the answer to this question is unclear. We'll tell you want you need to know. These statutes comprise California consolidated cat laws. (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. Submit questions to asktbc@bakersfield.com or to The Bakersfield Californian, c/o Christine Bedell, P.O. 6.1.703 Removal of animal from City. RI ST 4-24-3 . 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 ? 3.2-6524(B) . Which brings up another question: Is this rule enforced? 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. "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. 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. Chapter 3. Giving food to stray cats may seem like a noble gesture at first sight. Thank you for reading! , 746 N.Y.S.2d 747, 750 (N.Y. App. See David Favre & Murray Loring, Animal Law 2125 (1983) . 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. Jan. 1, 2019; Stats.2019, c. 8 (A.B.1565), 1, eff. 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.". Shelters; waiver of cat adoption fee for veterans; limit on number of cats adopted, 31766. 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. 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, or humane society shelter. Unfortunately, the answers to these questions are unclear and depend heavily on the local law. No, that was not a typo, there is potential criminal liability for feeding feral cats. Further, the statute provides that any refusal to permit any animal control officer to impound such cat shall be deemed evidence of ownership . (5) It is cruel to keep feral cats caged for long periods of time; however, it is not always easy to distinguish a feral cat from a frightened tame cat. 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). (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). Part 3. Council voted 6-0 last Wednesday night to pass an ordinance that makes it illegal for anyone . 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. And a feral cat, generally speaking, is less likely to be tame than a domestic housecat. There is no county law prohibiting the feeding of wild animals. , 825 N.E.2d 189, 676 n.1, 686 (Ohio Ct. App. For example, by defining keepers as owners and authorizing municipal permitting requirements for feral cat caretakers, a state like Rhode Island is able to address issues related to feral cats without imposing substantive requirements on the entire state. (c) This section shall become operative on July 1, 2002. 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. 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. (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. (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. Generally, the state laws that do address these issues simply (1) define feral cats and (2) enable local governments to adopt their own solutions The result of this approach, though, is that the law of feral cats can, and often does, vary drastically within the same state. . 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. Feral Cats and the Law Cats and Wildlife > Cats and Predation Where have all the birds gone? (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. "Such a project would cost on the order of $20 million. California CA Food & Ag Code 31752.5 Regulation of cats - . Its also something that can be harmful for the health of these animals themselves. (4) Issues a check for insufficient funds for any spaying or neutering deposit required under this chapter. Id. at *14. ), 31752.5. They typically do not care where the feral cat spends most of its time, they rarely try to confine it, and their interaction is generally limited to providing the animal with food and water. 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. Any funds collected under this section shall be expended for the purpose of humane education, programs for low cost spaying and neutering of cats, and any additional costs incurred by the animal shelter in the administration of the requirements of this division. Special Provisions Applicable to Counties with a Population of Less Than 100,000 Persons. (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. For more information on the UC Berkeley RFS Ridgway's rail conservation program, go to the Restoration Page of the RFS Environmental Website. RI ST 4-22-2 . 964, 97374 (Fall 2008) . 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. 3907 . First, feral cats are members of the same species as domestic cats. The city of Gilbert passed an ordinance in 2018 banning residents from feeding feral cats. Shelters; waiver of cat adoption fee for veterans; limit on number of cats adopted, 31751.5 . 29D05-0605-SC-1055 (Ind. (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). That way, youll know just what the limits are when its time to act. 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). (Formerly 31751, added by Stats.1970, c. 1303, p. 1303, 1. However, you may be surprised to find out that experts advise against the practice of feeding feral animals. Amended by Stats.1999, c. 83 (S.B.966), 61; Stats.2000, c. 567 (A.B.2754), 5; Stats.2017, c. 740 (A.B.485), 1, eff. 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. 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. (a) A mammal occurring naturally in California that is not a game mammal, fully protected mammal, or fur-bearing mammal is a nongame mammal. (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. Code 14-8-2-87 (2009. We will do our best to find a second home for your pet. Regulation of Cats. Nongame Mammals. Holding of other impounded animals. There are many other things you can do to contribute to the well-being of stray animals and your community in general. High 49F. The plaintiff argued that the store owner was liable under a common law negligence theory for breaching his duty to provide a safe environment for customers. 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. (For further discussion of general issues pertaining to feral cats and feral cat colonies, see Anthony B. Lacroix, Feral Cats , Animal Legal & Hist. (Added by Stats.2000, c. 567 (A.B.2754), 4. 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. (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. (2) If the agency, shelter, or group does not have microchipping capability on location, the agency, shelter, or group shall make a good faith effort to maintain a list of local and regional free or discounted regional microchipping services and provide that information to the owner or new owner. Implementation of a Feral Cat Management Program on a University Campus. Sept. 29, 2006) . Cases are scarce, and the cases that do exist are unpublished and highly fact-specific. 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. (Added by Stats.1973, c. 361, p. 802, 3. Licensed cattery; exemption from tag requirement. I have been told that notched ears means the felines have been spayed or neutered. 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. False information regarding spaying or neutering; civil penalties; use of funds from penalties, 31764. So if the penalty is a $100 fine, the perpetrator pays $100 for each cat harmed. 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. Nongame Mammals and Depredators. C. G. S. A. Detailed Discussion of Feral Cat Legal Issues. 2023 Michigan State University College of Law. Detailed Discussion of Feral Cat Legal Issues. Credits(Added by Stats.2020, c. 108 (S.B.573), 2, eff. 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. This rationale is less persuasive when applied to feral cats for two reasons. At the same time, local authorities often argue that the presence of cats attracts other animals that we dont want in urban areas. If you are caught feeding coyotes, you could face jail time or a fine of up to $1,000. 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). 3 Del. 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. (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. (c) This section shall remain in effect only until July 1, 2024, and as of that date is repealed. at 97374, 966. Article 1. H028774, 2007 WL 495897 (Cal. Id. 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. That way, you can avoid possible fines or other penalties. Cal. The first problem is the question of whether feral cats are wild or domestic animals. No. Repealed by Stats.1999, c. 81 (A.B.1482), 1, operative July 1, 2000. Not only do they fail to meet minimal nutritional requirements, but they can also be extremely harmful to a cats health in general. Amended by Stats.2004, c. 253 (S.B.1301), 6. (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. (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. 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