Holding period; owner redemption. 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. Ask The Californian: Is it illegal to feed feral cats? 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. Many individuals are feeding the cats in two locations. Mammals. 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. Plum officials have enacted a new law in order to discourage residents from taking care of feral cats. Finally, the statute permits local municipalities to enact separate ordinances prohibiting cat ownersincluding feral cat keepersfrom substantially damag[ing] property or caus[ing] an unsanitary, dangerous or unreasonably offensive condition. Id. Jan. 1, 2020.). 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). Unfortunately, the answers to these questions are unclear and depend heavily on the local law. 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. Implementation of a Feral Cat Management Program on a University Campus. See David Favre & Murray Loring, Animal Law 7 (1983); see also Eyrich v. Earl , 495 A.2d 1375, 1377 (N.J.Super. Christman-Resch v. City of Akron , 825 N.E.2d 189, 676 n.1, 686 (Ohio Ct. App. (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. A feral cat is totally unsocialized to people. Could they be exposed to criminal liability for abandonment, neglect, or failure to comply with registration or spay/neuter requirements? Unfortunately, animal abandonment is a growing problem. Repealed by Stats.1985, c. 1290, 2, 31751.3 . 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. Credits(Added by Stats.1971, c. 1470, p. 2907, 21. Fish and Game Code. (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. Local ordinances concerning the adoption or placement procedures of any animal shelter shall be at least as restrictive as this chapter. (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. 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. (2) An action for a penalty proposed under this section may be commenced by the administrator of the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group from which the recipient obtained the animal that is the subject of the violation in a court of competent jurisdiction. Nongame Mammals and Depredators. Their presence increases hygiene and health problems which are already an issue for society. Repealed by Stats.2004, c. 253 (S.B.1301), 10, 4150. (Added by Stats.1998, c. 747 (A.B.1856), 7, operative Jan. 1, 2000. "One of the reasons that we see so many pets that are lost and looking for a new home is because too many pets are not spayed and neutered. Food & Agric. 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. Providing resources to facilitate these efforts, including educational materials and funding, will help ensure their success. Feb. 16, 2007) . 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. Legislative findings and declarations, 31753 . 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. . Cal. Keep reading to discover more information on this issue and why its such a problem. Credits(Added by Stats.2019, c. 205 (S.B.245), 5, eff. 3.2-6587(A)(2 ). 2005), Exotic Mammal, Ind. As discussed below, this diminished level of control makes it difficult to determine how feral cat ownership should be determined in common law jurisdictions. 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. 3 Del. We will do our best to find a second home for your pet. Ideally, more state and local legislatures should begin to address this complex and convoluted area of law. Dec. 14, 2001) . Once more,its extremely important to check into local animal control ordinances. (4) Any additional costs incurred by the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group in the administration of the requirements of this chapter. (B) If the agency, shelter, or group does not have microchipping capability on location, the agency, shelter, or group first obtains from the owner reclaiming the cat or new owner receiving the cat an agreement that requires the owner or new owner to present to the agency, shelter, or group, within the next 30 days, proof that the cat is microchipped as described in subparagraph (A). Ct. App. See id. "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.". You have permission to edit this article. (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). (c) This section shall remain in effect only until July 1, 2024, and as of that date is repealed. 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. One commentator who has analyzed the issue in Texas raised the possibility that an individual who cares for a feral cat could be held criminally liable for abandonment if that individual ceased to provide the cat with food and water or failed to pay for the cats necessary medical treatment. Select from the 0 categories from which you would like to receive articles. Article 8. While in some places its illegal to feed stray animals, that doesnt mean we cant look for other ways to help them. 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. Journal of the American Veterinary Medical Association 1993, 203, 449-452. 6.1.702 Enforcement action. 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. This rule would effectively advance two competing policy goals: (1) encouraging people to care for feral cats and (2) holding caretakers more responsible when their actions begin to look more like those of an owner than those of a caretaker. 22-339d . (a) This chapter only applies to a county that has a population of less than 100,000 persons as of January 1, 2000, and to cities within that county. Penal Code 42.092 , 60 Baylor L. Rev. 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. There is also a colony at the 24th Street/Kern River bridge. (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). Code 14-8-2-87 (2009 ); Wild Mammals, Defined, Neb. 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. 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. 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 . 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. Ownership The problem is the train crossings, the only place you can cross when a train is blocking the tracks is Highway 99. Q: With all the freeways and bridges going in around town and new homes and businesses going in on the southwest part of town, when is the city going to take care of a growing problem all along the south area of White Lane? Amended by Stats.1957, c. 1972, p. 3520, 47; Stats.1971, c. 1470, p. 2908, 22.). The court noted that there was evidence presented to the trial court that the defendants had caused a large number of cats to be attracted to the area and frequent Plaintiffs backyard, thereby interfering with the plaintiffs use and enjoyment of their property. (c)(1) An agency, shelter, or group that violates this section on or after January 1, 2022, is subject to a civil penalty of one hundred dollars ($100). 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. (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. (3) The deposit shall be temporary, and shall only be retained until the cat is healthy enough to be spayed or neutered, as certified by a veterinarian licensed to practice veterinary medicine in this state. Many people, even with the best of intentions, give cats food that isnt suitable for them. 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. ), 31754. She did not provide shelter or veterinary care, and she never relocated or confined the animals. Application of chapter; spaying or neutering required, 31762. (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. 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. Animal Cruelty. Which brings up another question: Is this rule enforced? According to one source, the law in Texas prohibiting cruelty to animals did not specifically protect feral cats until 2007. The family brought suit against the apartment complex, the city, the county, and the garbage disposal company servicing the apartment complex, alleging, among other things, that attracting the cats constituted a nuisance. In Baker , the defendant fed and watered four cats that lived in the neighborhood. 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. 2023 Michigan State University College of Law. Special Provisions Applicable to Counties with a Population of Less Than 100,000 Persons. (2) Provides to a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group or a licensed veterinarian inaccurate information regarding ownership of any cat required to be submitted for spaying or neutering under this chapter. For purposes of this subdivision, raw fur has the same meaning as defined in Section 4005. Div., 1985) (stating that keepers of wild animals are strictly liable). Is it legal to feed feral cats in California? Given the status of feral cats as companion animals, anyone who provides food, water, or shelter to a feral cat would almost certainly fall under Virginias definition of an owner.. Chapter 1. Chapter 3. Rather, the cases look closely at evidence of ownership to determine whether the keeper or caretaker should be subject to liability. 29D05-0605-SC-1055 (Ind. Nongame Mammals and Depredators. ), 31751.6. Section 17006 shall also apply to these animals. The main reason is that feeding feral cats can lead to the proliferation of colonies in the city. Cloudy. However, there are some communities were doing so is illegal. See David Favre & Murray Loring, Animal Law 2125 (1983) . To ameliorate this problem, several states have enacted laws that modify this common law view of ownership and enable local governments to impose specific requirements on keepers and caretakers of feral cats. At least one other state, however, has taken a different approach. In the case of any doubt, it's best to consult a trusted specialist. (c) 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). (Formerly 31751, added by Stats.1970, c. 1303, p. 1303, 1. Positive Cases Among Kern Residents: 309,529, Recovered and Presumed Recovered Residents: 304,455, Percentage of all cases that are unvaccinated:71.13, Percentage of all hospitalizations that are unvaccinated:83.13, Source: Kern County Public Health Services Department. Concern for animal welfare is typically the driving force behind feral cat legislation, but it is important that animal welfare advocates adequately address the concerns of property owners who may be adversely affected by feral cat colonies. 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. Jan. 1, 2016; Stats.2019, c. 216 (A.B.273), 12, eff. Feeding strays isnt just an issue about the health and comfort of the citizens of a community. to what extent can a caretaker be liable for tort damages caused by feral cats? C. 8217 . Restatement (Third) of Torts: Physical and Emotional Harm. Second, the article addresses the question of whether feral cat keepers or caretakers can be held civilly liable for the actions of feral cats. 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. Jan. 1, 2020; Stats.2022, c. 469 (S.B.856), 17, eff. Chapter 1. Until then, however, only the courts can provide clearer guidance for keepers and caretakers in common law jurisdictions. (2) Receives from the recipient a sterilization deposit of not less than forty dollars ($40) and not more than seventy-five dollars ($75), the terms of which are part of the written agreement executed by the recipient under this section. A non-domesticated mammalian predator shall include coyotes, raccoons, foxes, opossums, bears, mountain lions, and bobcats. Don't try to handle a feral cat. Super. We hope that you continue to enjoy our free content. At the same time, an overly burdensome notice requirement could easily become a strong disincentive to individuals who may have otherwise considered becoming feral cat caretakers. The city of Gilbert passed an ordinance in 2018 banning residents from feeding feral cats. Amended by Stats.1985, c. 1290, 3. In the vast majority of jurisdictions, however, courts will have no guidance other than common law. Isn't there a city ordinance forbidding feeding feral animals? Wild Mammals, Defined, Neb. Receiving a fine for giving food to feral cats or any other animals isnt common, but it can happen. . The court found that the total amount of damage caused by the cats to the plaintiff's property was approximately $2000. 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. This site is not a law firm and cannot offer legal advice. Jan. 1, 2021. The same level penalty can apply, or the penalties may increase upon a second or third violation. 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. Why is feeding stray cats a bad idea? (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. Further, the court stated that the plaintiffs claim of severe emotional distress that arises out of the alleged nuisance of having to deal with a large number of cats on their property . The problem, however, is that people do not generally possess a feral cat in the same way that they would possess a dairy cow, a housecat, or a parrot. The court rejected this argument because, as a factual matter, the record showed that a local organization returned the cats to the neighborhoodnot the defendant. Generally, the period of retention for an owner to reclaim his or her pet is between 72 hours and ten days. Local ordinances; animal placement procedures, 31764.5. at 96667. Id. Nonspayed or unneutered cats; fines, 31752 . Ctenocephalides felis, regularly infest dogs, cats and opossums in Southern California. Amended by Stats.2004, c. 253 (S.B.1301), 9. "To increase the chances of finding a successful placement for your pet, we ask pet owners to bring in their current medical records and provide as much background information as possible so we can use the information to speak with potential adopters. However, you may be surprised to find out that experts advise against the practice of feeding feral animals. Low 34F. No. Is she subject to other ownership requirements, such as ordinances requiring registration or sterilization? As discussed above, the issue in Baker required the court to interpret a feral cat ordinance . Connecticut allows municipalities to require feral cat keepers to register with the local animal control officer. The question, then, is if a feral cat is not quite a wild animal and not quite a domestic animal, how will a court determine ownership? It seems to me that Gosford and at least one of the other roads in between Highway 99 could have a bridge to cut down on backed-up traffic. Hart Park is within county jurisdiction. David Favre & Murray Loring, Animal Law 8 (1983). 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. (d) A public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group may transfer to a new owner a cat that has not been spayed or neutered only if the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group does both of the following: (1) Requires a written agreement, executed by the recipient, acknowledging the cat is not spayed or neutered and the recipient agrees in writing to be responsible for ensuring the cat will be spayed or neutered within 30 business days after the agreement is signed. This article addresses three primary legal questions. In addition to providing daily meals and fresh water, these cat caregivers may provide dedicated shelter to protect the cats in inclement weather and provide medical care if the cats become sick or are injured.