Ct. Mar. 2023 Michigan State University College of Law. However, there are some communities were doing so is illegal. 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. May keepers and caretakers be held civilly liable for the actions of feral cats in their care? and 3) feeding bans Excludes community cat sponsors and caretakers from definition of "custody" as defined in Sec. 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. 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. (Added by Stats.1998, c. 747 (A.B.1856), 6.5, operative Jan. 1, 2000. Second, the article addresses the question of whether feral cat keepers or caretakers can be held civilly liable for the actions of feral cats. 29D05-0605-SC-1055 (Ind. These cats damaged the plaintiffs home, destroying insulation, a vapor barrier, and duct work. Fish and Game Code. California CA Food & Ag Code 31752.5 Regulation of cats - . (b)(1) 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). (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. Arguably, the Texas statute already protected feral cats, since it protected domesticated animals. However, the failure to explicitly include feral animals in the definition of domesticated animals apparently compelled an interpretationat least in the minds of many jurors and legislatorsthat those animals were excluded from the law's protection. At common law, the answer to this question is unclear. (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. Traffic goes crazy when the train blocks Wible, Akers, Stein, Ashe, Gosford and so on. Ct. Mar. (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. Anyone who abandons animals at any location in the county is included. Although the Baylor Law Review article and the Indiana Superior Court case suggest that a court may not hold caretakers responsible for the behavior of feral cats, the case law on this issue is nearly nonexistent. Thank you for reading! "I would say no, because I've never even had the complaint," Davis said. Jan. 1, 2020; Stats.2022, c. 469 (S.B.856), 17, eff. 29D05-0605-SC-1055 (Ind. We hope that you continue to enjoy our free content. Regulation of Cats Generally. This may reflect the legislatures intent to solve the problem of discouraging good Samaritans. 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. Birds and Mammals. 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. (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. Of the judicial opinions written, most of them involve interpretations of feral cat ordinanceslike the one at issue in Baker further complicating the question of what happens when no such law exists. If you are caught feeding coyotes, you could face jail time or a fine of up to $1,000. Renumbered 31751.3 and amended by Stats.1998, c. 747 (A.B.1856), 6, operative Jan. 1, 2000. When the city and county do plan to construct a grade separation project, the Greater Bakersfield Separation of Grade District submits an application to the state of California for funding. (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. Division 14.5. This article addresses three primary legal questions. Shelters; waiver of cat adoption fee for veterans; limit on number of cats adopted, 31766. This subdivision is applicable within any county. Pickup is the same day beginning at 3:30-4:00p.m. That's primarily because of the low volume of vehicles and trains -- typically only two per day. This case illustrates the careful balancing act involved in crafting a feral cat statute or ordinance. (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. However, its important to look into the local laws where you live, including laws that may apply to your specific community or neighborhood. 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. ), 31751.7. (4) For purposes of subparagraph (B) of paragraph (1), an owner reclaiming a cat or new owner receiving a cat is not required to register the cat's microchip number with a microchip registry company that will use, without the owner's or new owner's consent, the personal information of the owner or new owner for purposes other than to reunite the owner or new owner with the cat. (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. (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. "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. 6.1.703 Removal of animal from City. 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. Unfortunately, animal abandonment is a growing problem. The problem is the train crossings, the only place you can cross when a train is blocking the tracks is Highway 99. Legislative findings and declarations, 31753 . The answers to these questions can vary widely depending on where the individual lives. Providing resources to facilitate these efforts, including educational materials and funding, will help ensure their success. "Historically, the city has received about $5 million for each project through this program. Shelters; waiver of cat adoption fee for veterans; limit on number of cats adopted, 31751.5 . 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. at 74850. . 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. 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. 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. West's Annotated California Codes. 31760. Winds light and variable. For the purposes of this division, each member of a litter of kittens, weaned or unweaned, shall be treated as an individual animal. No. However, you may be surprised to find out that experts advise against the practice of feeding feral animals. Besides the above, if youre passionate about animals and advocating for their well-being, why not volunteer? (Added by Stats.1998, c. 747 (A.B.1856), 8, operative Jan. 1, 2000.). Ct. App. Higher wind gusts possible.. These statutes comprise California consolidated cat laws. Although, as in Virginia, there is no indication that ownership requirements are actively being imposed on feral cat caretakers, the possibility that this might occur under the current law further highlights the importance of cautiously drafting feral cat legislation. at *14. I.e., if someone abuses a colony of cats, each cat harmed counts as a separate offense. Holding of other impounded animals, 31754 . 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. Many state and local governments have not directly addressed the issues of ownership and responsibility related to feral cats. 964, 97374 (Fall 2008) . A nongame mammal may not be taken or possessed except as provided in this code or in accordance with regulations adopted by the commission. Cloudy. , Exotic Mammal, Ind. Until then, however, only the courts can provide clearer guidance for keepers and caretakers in common law jurisdictions. Low 34F. 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. 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. Repealed by Stats.1999, c. 81 (A.B.1482), 1, operative July 1, 2000. Ownership In general, though, these state laws are strictly definitional. 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. Theres always a need for caring individuals to help out at. (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). 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. At least one other state, however, has taken a different approach. 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. What does it mean to own a feral cat? RI ST 4-24-3 . Local ordinances; animal placement procedures, 31764.5. Local ordinances concerning the adoption or placement procedures of any animal shelter shall be at least as restrictive as this chapter. ; Slater, M.R. So we would have to come up with the remaining money necessary to fund the project. (4) Feral cats pose particular safety hazards for animal shelter employees. As discussed above, there are serious policy concerns that would likely preclude the imposition of strict liability on feral cat keepers or caretakers, making it implausible to define feral cats as wild animals. (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). These laws should apply to all cats, not just owned, family animals. Could they be exposed to criminal liability for abandonment, neglect, or failure to comply with registration or spay/neuter requirements? 7 M.R.S.A. M2005-00414-COA-R3-CV, 2006 WL 2805141, at *6 (Tenn. Ct. App. Thus, feral cat caretakers could be subjected to the same fines and citations as other animal owners if they fail to comply with these laws. Therefore, feral cats do not quite fit within the common understanding of domestic cat ownership. (Formerly 31751, added by Stats.1970, c. 1303, p. 1303, 1. West's Ann. (d) During the holding period required by this section and before the adoption or euthanasia of a cat impounded pursuant to this division, a public or private shelter shall scan the cat for a microchip that identifies the owner of that cat and shall make reasonable efforts to contact the owner and notify the owner that the cat is impounded and is available for redemption. (b) For the purposes of this section, a feral cat is defined as a cat without owner identification of any kind whose usual and consistent temperament is extreme fear and resistance to contact with people. Chapter 2. 6.1.802 Authority to arrest and to issue notices to appear. (d) This section applies to each county and cities within each county, regardless of population. Also, if feeding wild animals is prohibited and the law doesn't clearly define feral cats as domestic animals, it should be addressed. (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. See id. Its also something that can be harmful for the health of these animals themselves. (Added by Stats.2019, c. 205 (S.B.245), 4, eff. In Fiori , a customer sued a store owner after the customer was attacked by a cat that had taken up residence in the store and was being fed by store employees. Will she attempt to prevent the cat from trespassing on her neighbors property or bringing other cats to the neighborhood? Neutering of feral cats as an alternative to eradication programs. Which brings up another question: Is this rule enforced? 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. The letter shall include a description of the cat. The result of this approach is that the law of feral cats can, and often does, vary drastically within the same state. However, it's important to look into the local laws where you live, including laws that may apply to your specific community or neighborhood. KNXV Rodriguez has been providing food and water to feral cats in the area for 14 years, spending up to $100,000 to do so, he told KNXV. Chapter 1. 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. 32.1302 Food Left Outside for Any Animal During Certain Hours. 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. 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. Don't try to handle a feral cat. Amended by Stats.1985, c. 1290, 3. Section 17006 shall also apply to these animals. Id. These important distinctions would explain why some states have specifically excluded feral cats from their statutory definitions of exotic or wild animals. 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. Special Provisions Applicable to Counties with a Population of Less Than 100,000 Persons. Feb. 16, 2007). Nongame Mammals and Depredators. Division 4. These cats breed, multiply, fight, and spread diseases to one another. But taking care of a stray has a price under state law. Second, keepers and caretakers do not exercise the level of control over feral cats that owners of wild animals exercise over those animals. 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