. The cat shall be spayed or neutered within 14 business days of that certification. Third, the article discusses the ways in which feral cat keepers or caretakers may be exposed to criminal liability for abandonment, neglect, or failure to comply with state or local animal ownership requirements. But my guess is, whatever you do it will just makes things MUCH WORSE with the neighbor. Chapter 3. 22-339d . 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. . Id. 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. (c) This section shall remain in effect only until July 1, 2024, and as of that date is repealed. The court found that the total amount of damage caused by the cats to the plaintiff's property was approximately $2000. , No. And as their numbers grow, they become impossible to nourish, which can lead them to starve Especially when well-intending neighbors become overwhelmed by the crowd and stop setting out food. 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. 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. 964 (Fall 2008) . Determining when a feral cat caretaker may be criminally liable is a complex issue that has not been extensively addressed. Based on these unique risks, the court articulated a limited exception to the general rule that the negligence standard does not apply to injuries caused by domestic animals, holding that the store owner could be liable for failing to maintain safe premises for his customers. In todays article, well tell you why feeding stray cats can be harmful and sometimes even illegal. They can't replace the diagnosis, advice, or treatment from a professional. Laws regarding the impoundment of dogs and cats are consistent in most states. Hart Park is within county jurisdiction. 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. (c) Notwithstanding Section 31752, if an apparently feral cat has not been reclaimed by its owner or caretaker within the first three days of the required holding period, animal shelter personnel qualified to verify the temperament of the animal shall verify whether it is feral or tame by using a standardized protocol. 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. At least one other state, however, has taken a different approach. California CA Food & Ag Code 31752.5 Regulation of cats - . Further, the statute provides that any refusal to permit any animal control officer to impound such cat shall be deemed evidence of ownership . (2) Feral cats are cats with temperaments that are completely unsocialized, although frightened or injured tame pet cats may appear to be feral. at 74850. 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. 4150 . Mammals. As discussed below, this diminished level of control makes it difficult to determine how feral cat ownership should be determined in common law jurisdictions. Bin 440, Bakersfield, CA 93302. Credits(Added by Stats.1971, c. 1470, p. 2907, 21. 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. Feeding ban laws and ordinances are an ineffective and cruel approach to feral cats. , 746 N.Y.S.2d 747, 750 (N.Y. App. (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. Ct. App. Super. 32.1302 Food Left Outside for Any Animal During Certain Hours. (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. Consequently, feral cats do not fall under any authority or jurisdiction within our public institutions. Besides the above, if youre passionate about animals and advocating for their well-being, why not volunteer? Article 1. Super. Birds and Mammals. at 45; see also McElroy v. Carter , No. 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. required by law. When damage to property or persons is reasonably foreseeable, a court in these jurisdictions could impose civil liability on keepers and caretakers for breaching their duty to control the feral cats in their care. "Historically, the city has received about $5 million for each project through this program. 6.1.803 Obstructing officers unlawful. (5) The adopter or purchaser shall obtain written proof of spaying or neutering from the veterinarian performing the operation. 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. 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. Holding period; owner redemption, 31755. The fact that classifying feral cats as wild animals would expose feral cat caretakers to strict liability would probably make a court less likely to find a feral cat to be a wild animal. Holding of other impounded animals, 31754 . There is also a colony at the 24th Street/Kern River bridge. 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.). 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. 510 I.L.C.S. Code 14-8-2-87 (2009 ); Wild Mammals, Defined, Neb. 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. 3.2-6500 . at 98384, 98890. Legislative findings and declarations, 31753 . Feral cats per se are an admission of society's failure in the process of domesticating cats. 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. 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. 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. "I would say no, because I've never even had the complaint," Davis said. 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.". Chapter 1. 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) . For more information on the UC Berkeley RFS Ridgway's rail conservation program, go to the Restoration Page of the RFS Environmental Website. Nongame mammal defined; possession and taking; trapping for recreation or commerce; sale of raw fur. 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. 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). At least one other state, however, has taken a different approach. Fish and Game Code. West's Ann. Neutering of feral cats as an alternative to eradication programs. Local ordinances concerning the adoption or placement procedures of any animal shelter shall be at least as restrictive as this chapter. at 97374, 966. . A rabbit, guinea pig, hamster, potbellied pig, bird, lizard, snake, turtle, or tortoise that is legally allowed as personal property and that is impounded in a public or private shelter shall be held for the same period of time, under the same requirements of care, and with the same opportunities for redemption and adoption by new owners or nonprofit, as defined in Section 501(c)(3) of the Internal Revenue Code,1 animal rescue or adoption organizations as provided for cats and dogs. Once more,its extremely important to check into local animal control ordinances. 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. Ideally, more state and local legislatures should begin to address this complex and convoluted area of law. 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. Theres always a need for caring individuals to help out at. High 49F. 2023 Michigan State University College of Law. (Stats.1957, c. 456, p. 1382, 4151. 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. Part 3. 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. Ctenocephalides felis, regularly infest dogs, cats and opossums in Southern California. 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. There are several reasons behind it being a bad ideaand sometimes illegalto feed strays. 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. Winds light and variable. Division 4. 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. (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. Holding period for impounded cats, 31752.5 . You have permission to edit this article. 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? While in some places its illegal to feed stray animals, that doesnt mean we cant look for other ways to help them. 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. 31750. 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. These cats damaged the plaintiffs home, destroying insulation, a vapor barrier, and duct work. Since feral catslack rigorous controls by a veterinarian, they can carry a variety of illnessesNot to mention that they produce unpleasant smells and messes as well as bothersome noises. (Added by Stats.2000, c. 567 (A.B.2754), 4. See id. In the case of any doubt, it's best to consult a trusted specialist. 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. If the adopter or purchaser presents proof of spaying or neutering to the entity from which the cat was obtained within 30 business days, the adopter or purchaser shall receive a full refund of the deposit. Food and Agricultural Code (Formerly Agricultural Code. Wild Mammals, Defined, Neb. 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. (a) A mammal occurring naturally in California that is not a game mammal, fully protected mammal, or fur-bearing mammal is a nongame mammal. Nongame Mammals and Depredators. 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) 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. Generally, the period of retention for an owner to reclaim his or her pet is between 72 hours and ten days. Feb. 16, 2007). Beginning June 1, 2008: It is prohibited to feed or otherwise care for free-roaming cats or other animals at the RFS. "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. If you are caught feeding coyotes, you could face jail time or a fine of up to $1,000. We hope that you continue to enjoy our free content. (d) This section applies to each county and cities within each county, regardless of population. This rationale is less persuasive when applied to feral cats for two reasons. 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. I suspect that people have been abandoning strays knowing that they would be fed. 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. Keepers and caretakers provide a valuable service, and the law should not discourage these individuals from caring for animals in need. Winds N at 15 to 25 mph. 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. That way, you can avoid possible fines or other penalties. But taking care of a stray has a price under state law. 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. Fish & G. Code 4150 - 4151, CA FOOD & AG 31750 - 31766; CA FISH & G 4150 - 4151. 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. 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. Holding period for impounded cats, (Added by Stats.1980, c. 1060, p. 3397, 2. Providing resources to facilitate these efforts, including educational materials and funding, will help ensure their success. Code 14-8-2-87 (2009. In the vast majority of jurisdictions, however, courts will have no guidance other than common law. Failure to comply with spaying or neutering agreements; forfeitures and fines; extensions of time, 31763. 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