(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. Restatement (Third) of Torts: Physical and Emotional Harm. 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. Theres no federal law that prohibits feeding stray cats or any other type of animal. They can't replace the diagnosis, advice, or treatment from a professional. What's the city's plan on doing about the growing problem at hand? 3.2-6587(A)(2 ). at *14. Detailed Discussion of Feral Cat Legal Issues. 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. With some exceptions, cats are required to be held for six days, pending retrieval by their owners or adoption by the . These laws should apply to all cats, not just owned, family animals. 510 I.L.C.S. When a person sees a malnourished kitten roaming her neighborhood, her first instinct is often to stop and help. 22-339d(a) (West 2001). 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. C. G. S. A. required by law. 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. 32.1302 Food Left Outside for Any Animal During Certain Hours. Jan. 1, 2016; Stats.2019, c. 216 (A.B.273), 12, eff. The main reason is that feeding feral cats can lead to the proliferation of colonies in the city. Fish and Game Code. 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. Part 3. 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. Renumbered 31751.3 and amended by Stats.1998, c. 747 (A.B.1856), 6, operative Jan. 1, 2000. 964, 97374 (Fall 2008) . Kern County Animal Control urges members of the public to try and find other alternatives to abandoning animals such as re-homing a pet with a friend, family member, co-worker, rescue organization or even a neighbor. 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. 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). 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. 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? 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. 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In this case, the city -- if the project ranked high enough and we received funding from the state -- would need on the order of $15 million in local funds for the project. First, feral cats are members of the same species as domestic cats. Mammals. Id. Id. In Kyles , the plaintiffs were members of a family residing in a home located next to an apartment complex. 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. 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 . 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. (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). Jeremy Masten, Note, Dont Feed the Animals: Quesos Law and How the Texas Legislature Abandoned Stray Animals, a Comment on H.B.2328 and the New Tex. Notice to animal control services agency of performances to be conducted Id. Second, keepers and caretakers do not exercise the level of control over feral cats that owners of wild animals exercise over those animals. (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. A feral cat is totally unsocialized to people. No. No. (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. 2023 Michigan State University College of Law. So if the penalty is a $100 fine, the perpetrator pays $100 for each cat harmed. CA - Circus - 25989.1. 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. A: There's a prohibition in the city of Bakersfield, but not in unincorporated areas of Kern County. Fiori v. Conway Org. I have been told that notched ears means the felines have been spayed or neutered. . The county ordinance, which the court found to be the controlling law in the case, stated that [i]t shall be unlawful for a person to provide food, water or shelter to a colony of feral cats. However, the county ordinance explicitly exempted individuals who provide food, water or shelter in conjunction with an authorized TNR program. Rather than feeding feral cats, its better to just adopt them directly. 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. Laws regarding the impoundment of dogs and cats are consistent in most states. Special Provisions Applicable to Counties with a Population of Less Than 100,000 Persons. 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. Licensed cattery; exemption from tag requirement, 31751.7 . Please log in, or sign up for a new account to continue reading. Enforcement 6.1.801 Entry on premises to seize and impound animals. (2) Notwithstanding subdivision (a), this section does not require a cat to be microchipped if the agency, shelter, or group receives a signed form from the owner reclaiming the cat or new owner receiving the cat that states that the cost of microchipping would impose an economic hardship for the owner or new owner. I.e., if someone abuses a colony of cats, each cat harmed counts as a separate offense. Holding period; owner redemption. Licensed cattery; exemption from tag requirement. At the same time, local authorities often argue that the presence of cats attracts other animals that we dont want in urban areas. Regulation of Cats Generally. May keepers and caretakers be held civilly liable for the actions of feral cats in their care? 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. Regulation of Cats. 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. 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. "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.". 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. Second, the article addresses the question of whether feral cat keepers or caretakers can be held civilly liable for the actions of feral cats. Not only do they fail to meet minimal nutritional requirements, but they can also be extremely harmful to a cats health in general. 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. This list is not meant to be a comprehensive list of all laws impacting feral/community 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. Similarly, some states classify feral cat caretakers as owners and further require owners to spay and neuter their pets or immunize them against rabies. (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. We'll tell you want you need to know. The cat allegedly scratched the paint on the neighbor's truck, but because this kind of property damage was not reasonably foreseeable, the court held that the owner was not liable for any damages that her cat may have caused. Feral cats per se are an admission of society's failure in the process of domesticating cats. at 45; see also McElroy v. Carter , No. These statutes comprise California consolidated cat laws. 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. (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. 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). 2, 2007) (pdf file - 628.01 KB). (For further discussion of general issues pertaining to feral cats and feral cat colonies, see Anthony B. Lacroix, Feral Cats , Animal Legal & Hist. And a feral cat, generally speaking, is less likely to be tame than a domestic housecat. Pickup is the same day beginning at 3:30-4:00p.m. 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. 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. That way, youll know just what the limits are when its time to act. (c) This section shall remain in effect only until July 1, 2024, and as of that date is repealed. (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). (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. 6.1.803 Obstructing officers unlawful. Unfortunately, animal abandonment is a growing problem. See David Favre & Murray Loring, Animal Law 7 (1983) . 22-339d . 6.1.701 Prohibition on harboring animals which make excessive noise. The court further noted that the county ordinance appears to contemplate and accept the possibility that feral cats, once altered, will be returned to the colonies from which they were captured. We seek to change them into positive laws that save animals and meet the needs of cats, caregivers, owners, and the community at large. 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. See id. Low 34F. 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. Even in common law jurisdictions, the scarcity of published judicial opinions makes it difficult to determine what a judge will decide in a particular case. (Added by Stats.1998, c. 752 (S.B.1785), 16.5, operative July 1, 2001. Ask The Californian appears on Mondays. 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. In short, we are in bad need of a couple of bridges over here, folks. The court further suggested that counties might resolve this problem by modifying their feral cat ordinances to require feral cat caretakers to notify neighbors of the colony's existence, the potential for damage from such a colony, and appropriate preventative measures that could be taken. Id. Generally, legislatures pass laws to correct perceived deficiencies in existing law, particularly when there is no indication that the new legislation is intended to codify the current common law rule. "Such a project would cost on the order of $20 million. (Added by Stats.1998, c. 752 (S.B.1785), 15. Once more,its extremely important to check into local animal control ordinances. If you've been feeding a cat for several days and can still not approach or touch the cat, it is probably feral. 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. Maines animal welfare law is structured in much the same way, although it requires an individual to feed an animal for ten consecutive days before she becomes a keeper and, by extension, an owner. RI ST 4-22-2 . In light of the policy implications associated with defining feral cats as wild animals and thereby subjecting keepers and caretakers to a strict liability regime, a court would be more likely to find that feral cat keepers and caretakers are analogous to owners or keepers of domestic animals. (Formerly 31751, added by Stats.1970, c. 1303, p. 1303, 1. Keep reading to discover more information on this issue and why its such a problem. , 746 N.Y.S.2d 747, 750 (N.Y. App. The city of Gilbert passed an ordinance in 2018 banning residents from feeding feral cats. All cats, friendly or feral/unsocial, brought in for participation in the CCAS Community Cat Program must be in a trap, one cat per trap. 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. to what extent can a caretaker be liable for tort damages caused by feral cats? 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. Food & Agric. (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. The majority of cases that have addressed liability for feral cat owners are unpublished decisions involving local ordinances, highlighting the impossibility of discerning a single set of guidelines for dealing with feral cats. Chapter 1. In states and local jurisdictions where caretakers or keepers of feral cats are considered owners, it is quite possible that a feral cat caretaker could be subject to tort liability for trespass and nuisance claims. California CA Food & Ag Code 31752.5 Regulation of cats - . 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. Despite endless campaigns to raise awareness, there are still humans that make the decision to abandon their pets. As noted in the feral cat discussion, some states have reduced the impoundment period for free-roaming cats. 964 (Fall 2008) . Id. Is it legal to feed feral cats in California? Center (2006)) . Council voted 6-0 last Wednesday night to pass an ordinance that makes it illegal for anyone . (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. Isn't there a city ordinance forbidding 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 entity shall establish the amount of the deposit at the level it determines is necessary to encourage the spaying or neutering of cats. , No. Control agencies, shelters, or rescue groups; spaying or neutering requirements, 31751.4. (4) The cat shall be spayed or neutered within 14 business days of that certification. (2)(A) Notwithstanding paragraph (1), a kitten under eight weeks of age that is reasonably believed to be unowned may be available immediately for adoption beginning on the day on which the kitten is seized, taken up, or impounded, through the entire holding period. The first problem is the question of whether feral cats are wild or domestic animals. Rhode Island then allows local governments to implement permitting requirements for feral cat caretakers. 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. (d) Any funds from unclaimed deposits made pursuant to this section, as it read on January 1, 1999, and any funds from deposits unclaimed after January 1, 2000, may be expended only for programs to spay or neuter cats and dogs, including agreements with a society for the prevention of cruelty to animals or a humane society or licensed veterinarian, to operate a program to spay or neuter cats and dogs. All rights reserved. Ctenocephalides felis, regularly infest dogs, cats and opossums in Southern California. (a) Except as provided in Section 17006, any animal relinquished by the purported owner that is of a species impounded by public or private shelters shall be held for the same holding periods, with the same requirements of care, applicable to stray dogs and cats in Sections 31108 and 31752, and shall be available for owner redemption or adoption for the entire holding period. Will she attempt to prevent the cat from trespassing on her neighbors property or bringing other cats to the neighborhood? No, that was not a typo, there is potential criminal liability for feeding feral cats. at 98384, 98890. Here are some of the most common sections of local laws that commonly affect cats. 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.). This includes anyone that is abandoning animals at any location in the county. A further problem is the relatively limited degree of control exercised by the defendant in Baker . Feeding strays isnt just an issue about the health and comfort of the citizens of a community. Part 3. 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.". (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. 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. I suspect that people have been abandoning strays knowing that they would be fed. ), 31752. Holding of other impounded animals. Consequently, feral cats do not fall under any authority or jurisdiction within our public institutions. Mammals. Amended by Stats.1985, c. 1290, 3. A non-domesticated mammalian predator shall include coyotes, raccoons, foxes, opossums, bears, mountain lions, and bobcats. 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. (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. ), 31751.6. Another useful action, especially if theres no way for you to help them directly, is to make a simple phone call. 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. The trial court granted summary judgment for the defendants, but the appellate court rejected the trial courts analysis of the plaintiffs nuisance claim. 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. ; Slater, M.R. (c)(1) Except as provided in Section 17006, any stray cat that is impounded pursuant to this division shall, before the euthanasia of that animal, be released to a nonprofit, as defined in Section 501(c)(3) of the Internal Revenue Code,1 animal rescue or adoption organization if requested by the organization before the scheduled euthanasia of that animal. The cat shall be spayed or neutered within 14 business days of that certification. Drop off is between 9-9:30am Tuesday-Friday only. Ct. App. Jan. 1, 2023.). However, it is possible that individual members of a domestic species could be considered wild if those individual animals have not been domesticated. This case illustrates the careful balancing act involved in crafting a feral cat statute or ordinance. Part of the difficulty in determining the default state of the law in the absence of a feral cat statute or ordinance arises from the fact that there are very few court decisions addressing issues related to feral cats. 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. Bin 440, Bakersfield, CA 93302. 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. 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. (2) A public education program to reduce and prevent overpopulation of dogs and cats, and the related costs to local government. We 'll tell you want you need to know, there is potential criminal liability for feeding feral animals a. ) of Torts: Physical and Emotional Harm 22 ( a ) ( file! With some exceptions, cats and opossums in Southern California, water shelter! 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