Id. Only thirteen states and the District of Columbia have enacted statutes that mention feral cats, and none of those statutes directly address liability. Penal Code 42.092 , 60 Baylor L. Rev. (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. (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. 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. ), 31751.7. Repealed by Stats.1985, c. 1290, 2, 31751.3 . Nongame mammal defined; possession and taking; trapping for recreation or commerce; sale of raw fur. (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. Failure to comply with spaying or neutering agreements; forfeitures and fines; extensions of time, 31763. The cats also urinated and defecated in the crawl space of the home. Not only do they fail to meet minimal nutritional requirements, but they can also be extremely harmful to a cats health in general. 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. 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). 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. (b) Deposits shall be in the amount determined by the shelter, but shall not be less than forty dollars ($40) and shall not exceed seventy-five dollars ($75). Under Virginia law, local governments may . 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. Besides the above, if youre passionate about animals and advocating for their well-being, why not volunteer? That wouldn't really do any good because all of the crossings would be blocked. 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). (a)The Legislature finds and declares the following: (1) Domestic cats' temperaments range from completely docile indoor pets to completely unsocialized outdoor cats that avoid all contact with humans. A further problem is the relatively limited degree of control exercised by the defendant in Baker . Which brings up another question: Is this rule enforced? Since 2006, Los Angeles and Orange Counties have had 122 reported human cases of this disease; all but one of the cases . Division 14.5. 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. 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.". (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. (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. In addition to any required spay or neuter deposit, the animal shelter, at its discretion, may assess a fee, not to exceed the standard adoption fee, for the animal released. 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. (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. (3) An agency, shelter, or group that does not have microchipping capability on location is not subject to the civil penalty described in this subdivision upon obtaining the agreement described in subparagraph (B) of paragraph (1) of subdivision (a). Rev. "The application includes ranking the existing at-grade crossing on a formula that considers several aspects of the existing crossing. Feeding ban laws and ordinances are an ineffective and cruel approach to feral cats. (Added by Stats.2000, c. 567 (A.B.2754), 4. This site is not a law firm and cannot offer legal advice. Control agencies, shelters, or rescue groups; spaying or neutering requirements, 31751.4. I have been told that notched ears means the felines have been spayed or neutered. 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. (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. In jurisdictions where feral cat keepers or caretakers are considered the cats' legal owners, keepers and caretakers may also be liable for damage caused by feral cats to property or persons. 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. ), 31752.5. Finally, the court dismissed the plaintiff's trespass claim for lack of evidence. The public or private shelter may enter into cooperative agreements with animal rescue or adoption organizations regarding rabbits that are equivalent to those cooperative agreements authorized in Section 31108 regarding dogs and Section 31752 regarding cats. 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. Implementation of a Feral Cat Management Program on a University Campus. The most significant responsibility would be the imposition of strict liability on keepers and caretakers of feral cats in jurisdictions where keepers and caretakers are considered owners. See Restatement (Third) of Torts: Physical and Emotional Harm 22(a) (2005). 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. This may reflect the legislatures intent to solve the problem of discouraging good Samaritans. Feral cats do not fit neatly within the common law categories of animal ownership. (2) A public education program to reduce and prevent overpopulation of dogs and cats, and the related costs to local government. Many local laws are punitive. She did not provide shelter or veterinary care, and she never relocated or confined the animals. 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. (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. Id. 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. "Pets that are abandoned face the dangers of the elements, predators, other animals, vehicles and even humans. Amended by Stats.2004, c. 253 (S.B.1301), 7.). Anyone who abandons animals at any location in the county is included. Once more,its extremely important to check into local animal control ordinances. Article 1. Further, feral cat caretakers in these jurisdictions may have a difficult time protecting feral cat colonies from animal control agencies and the actions of private citizens. Giving food to stray cats may seem like a noble gesture at first sight. Second, keepers and caretakers do not exercise the level of control over feral cats that owners of wild animals exercise over those animals. Part 3. 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. Could they be exposed to criminal liability for abandonment, neglect, or failure to comply with registration or spay/neuter requirements? 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 ? 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. (a)The required holding period for a stray cat impounded pursuant to this division shall be six business days, not including the day of impoundment, except as follows: (1) If the public or private shelter has made the cat available for owner redemption on one weekday evening until at least 7 p.m. or one weekend day, the holding period shall be four business days, not including the day of impoundment. 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This rationale is less persuasive when applied to feral cats for two reasons. (4) Issues a check for insufficient funds for any spaying or neutering deposit required under this chapter. On the other hand, in cases like McElroy where the owner had no reason to foresee any damage or injury that her cat might cause, a court may be unlikely to find that such a duty exists. 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. Nongame Mammals. (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. As discussed below, this diminished level of control makes it difficult to determine how feral cat ownership should be determined in common law jurisdictions. 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. , 746 N.Y.S.2d 747, 750 (N.Y. App. M2005-00414-COA-R3-CV, 2006 WL 2805141, at *6 (Tenn. Ct. App. (b)(1) Except as provided in Sections 17006 and 31752.5 and paragraph (2), stray cats shall be held for owner redemption during the first three days of the holding period, not including the day of impoundment, and shall be available for owner redemption or adoption for the remainder of the holding period. 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. However, it is possible that individual members of a domestic species could be considered wild if those individual animals have not been domesticated. Rhode Island then allows local governments to implement permitting requirements for feral cat caretakers. (a) No person shall feed or in any manner provide food for one or more non-domesticated mammalian predators. 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. 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. Birds and Mammals. In that sense, they are unlikely to pose a serious threat to humans, and any risk that they do pose is likely to be understood by the general public. The key question in either case is whether the owner has a duty to control the cat's behavior. "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.' And a feral cat, generally speaking, is less likely to be tame than a domestic housecat. This type of sliding scale would enable courts to hold feral cat keepers and caretakers responsible when their actions reflect a relatively high degree of ownership. (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. 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. Is it legal to feed feral cats in California? Amended by Stats.2004, c. 253 (S.B.1301), 9. (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 contrast, keepers and caretakers usually care for feral cats where they find them, exercising a limited degree of control over the animals. Don't try to handle a feral cat. On a national level, there are no laws to keep you from giving food to strays. The trial court granted summary judgment for the defendants, but the appellate court rejected the trial courts analysis of the plaintiffs nuisance claim. 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.". 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. . 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) . It could be foreseeable, then, that a stray or feral cat in a store could injure customers who came on the premises. Ct. App. Application of chapter; spaying or neutering required, 31762. There are many other things you can do to contribute to the well-being of stray animals and your community in general. See id. In the vast majority of jurisdictions, however, courts will have no guidance other than common law. "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. 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. 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. (Added by Stats.1998, c. 747 (A.B.1856), 8, operative Jan. 1, 2000.). Rather, the cases look closely at evidence of ownership to determine whether the keeper or caretaker should be subject to liability. In Kyles , the plaintiffs were members of a family residing in a home located next to an apartment complex. Jan. 1, 2020.). (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. There is also a colony at the 24th Street/Kern River bridge. Id. Providing resources to facilitate these efforts, including educational materials and funding, will help ensure their success. What, then, is the answer to the question of whether feral cat keepers and caretakers are the animals' owners? This includes anyone that is abandoning animals at any location in the county. Neutering of feral cats as an alternative to eradication programs. 2023 Michigan State University College of Law. Will she attempt to prevent the cat from trespassing on her neighbors property or bringing other cats to the neighborhood? Feral cat is . (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. Feral cats may approach you when they are extremely hungry, but they will only eat the food you've given them once you've walked away. 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. St. 37-246 (2008). The court noted that the plaintiff could have prevented mostif not allof the damage caused by the feral cats if the plaintiff had simply been notified of the colony's presence in the neighborhood. In short, we are in bad need of a couple of bridges over here, folks. See David Favre & Murray Loring, Animal Law 7 (1983); see also Eyrich v. Earl , 495 A.2d 1375, 1377 (N.J.Super. 6.1.803 Obstructing officers unlawful. As discussed above, feral cats do not fit neatly within the common law of animal ownership. 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. Amended by Stats.1977, c. 1208, p. 4083, 10; Stats.2015, c. 154 (A.B.1527), 72, eff. , 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. 4150 . 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. A statute conferring certain rights and responsibilities was not enough; the court would not find the existence of a general duty unless such a duty was explicitly defined by the law. Please log in, or sign up for a new account to continue reading. Ask The Californian appears on Mondays. (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. at 2. Isn't there a city ordinance forbidding feeding feral animals? at 10. 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) 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. No. 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. Code 31750 - 31766; West's Ann. So while feral cats are part of a domesticated species, it is possible that a court might find that specific feral cats qualify as wild animals, which would subject their owners and keepers to different requirements than owners and keepers of domestic cats. Feral cats per se are an admission of society's failure in the process of domesticating cats. 2023 Michigan State University College of Law. What do we need to keep in mind? (Formerly 31751, added by Stats.1970, c. 1303, p. 1303, 1. Special Provisions Applicable to Counties with a Population of Less Than 100,000 Persons. (Added by Stats.2019, c. 205 (S.B.245), 4, eff. Jan. 1, 2021. The contents of My Animals are written for informational purposes. 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. Commission does not consider feral cats to be a wild mam-mal or wildlife species as defined in Chapter 37 of the Nebraska statutes (37-246, 37-247). Theres no federal law that prohibits feeding stray cats or any other type of animal. After registering with the municipality, the feral cat keeper must vaccinate and sterilize the cats in her care. Unfortunately, animal abandonment is a growing problem. This article addresses three primary legal questions. 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. Id. and 3) feeding bans Excludes community cat sponsors and caretakers from definition of "custody" as defined in Sec. What does it mean to own a feral cat? Section 17006 shall also apply to these animals. (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. The public or private shelter may enter into cooperative agreements with any animal rescue or adoption organization. The entity shall establish the amount of the deposit at the level it determines is necessary to encourage the spaying or neutering of 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 ). 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. The problem is the train crossings, the only place you can cross when a train is blocking the tracks is Highway 99. Regulation of Cats Generally. 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. The court found that the total amount of damage caused by the cats to the plaintiff's property was approximately $2000. Feral Cats and the Law Cats and Wildlife > Cats and Predation Where have all the birds gone? 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. These cats breed, multiply, fight, and spread diseases to one another. Shelters; waiver of cat adoption fee for veterans; limit on number of cats adopted, 31751.5 . ), 31753. My Animals A blog on tips, care and everything related to the world of animals. 2012 2023 . at 96667. 29D05-0605-SC-1055 (Ind. 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. (c) This section shall become operative on July 1, 2002. ; Smith, R.E. 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. At the same time, local authorities often argue that the presence of cats attracts other animals that we dont want in urban areas. Traffic goes crazy when the train blocks Wible, Akers, Stein, Ashe, Gosford and so on. First, feral cats are members of the same species as domestic cats. In general, though, these state laws are strictly definitional. The court went on to reject two alternative theories of negligence proffered by the plaintiff. Keep reading to discover more information on this issue and why its such a problem. ), 31751.6. to what extent can a caretaker be liable for tort damages caused by feral cats? 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.

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