Any extension shall be in writing. Regulation of Cats Generally. If you've been feeding a cat for several days and can still not approach or touch the cat, it is probably feral. 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. (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. 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. Div., 1985) (stating that keepers of wild animals are strictly liable). There's no federal law that prohibits feeding stray cats or any other type of animal. Their presence increases hygiene and health problems which are already an issue for society. At least one other state, however, has taken a different approach. "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. Is she subject to other ownership requirements, such as ordinances requiring registration or sterilization? Here are some of the most common sections of local laws that commonly affect cats. Journal of the American Veterinary Medical Association 1993, 203, 449-452. This site is not a law firm and cannot offer legal advice. But taking care of a stray has a price under state law. Community cat spay/neuter surgeries are performed Tuesday-Friday by appointment. (b) 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 subdivision (a). (Added by Stats.1998, c. 752 (S.B.1785), 15. Anyone who abandons animals at any location in the county is included. We'll tell you want you need to know. 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. These laws should apply to all cats, not just owned, family animals. Fish & G. Code 4150 - 4151, CA FOOD & AG 31750 - 31766; CA FISH & G 4150 - 4151. 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 ? Amended by Stats.1985, c. 1290, 3. 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. See, e.g. Jan. 1, 2023.). Feeding strays isnt just an issue about the health and comfort of the citizens of a community. To understand the varying approaches taken by each state, it is instructive to look at those states that authorize local governments to enact ordinances regulating feral cat ownership. 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. at 98384, 98890. 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. Feral cats per se are an admission of society's failure in the process of domesticating cats. 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. Is it legal to feed feral cats in California? Zaunbrecher, K.I. (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. Amended by Stats.2019, c. 7 (A.B.1553), 9, eff. 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. This article addresses three primary legal questions. (a) No person shall feed or in any manner provide food for one or more non-domesticated mammalian predators. If an animal has never been owned or directly cared for by any human, then it may be classified as wild even if it is a member of a domesticated species. 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. (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. . 29D05-0605-SC-1055 (Ind. and 3) feeding bans Excludes community cat sponsors and caretakers from definition of "custody" as defined in Sec. Traffic goes crazy when the train blocks Wible, Akers, Stein, Ashe, Gosford and so on. This site is not a law firm and cannot offer legal advice. In this section a "keeper" includes any person or organization regularly feeding a feral cat. The statute explicitly includes feral cats in its definition of companion animal. Va. Code Ann. The result of this approach is that the law of feral cats can, and often does, vary drastically within the same state. Rev. Animal Cruelty. The contents of My Animals are written for informational purposes. Dec. 14, 2001) . See id. Legislative findings and declarations, 31753 . Second, the article addresses the question of whether feral cat keepers or caretakers can be held civilly liable for the actions of feral cats. Laws regarding the impoundment of dogs and cats are consistent in most states. Receiving a fine for giving food to feral cats or any other animals isnt common, but it can happen. (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). The statute further defines an animals owner as anyone who (i) has a right of property in an animal; (ii) keeps or harbors an animal; (iii) has an animal in his care; or (iv) acts as a custodian of an animal. Id. A: There's a prohibition in the city of Bakersfield, but not in unincorporated areas of Kern County. Fish and Game Code. "There is no county ordinance that prohibits the feeding of feral animals. Renumbered 31751.3 and amended by Stats.1998, c. 747 (A.B.1856), 6, operative Jan. 1, 2000. Super. 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. "The application includes ranking the existing at-grade crossing on a formula that considers several aspects of the existing crossing. 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. (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. Amended by Stats.1977, c. 1208, p. 4083, 10; Stats.2015, c. 154 (A.B.1527), 72, eff. (4) The cat shall be spayed or neutered within 14 business days of that certification. 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. Landowners' rights and responsibili-ties regarding the management of feral cats will continue Feb. 16, 2007). Neutering of feral cats as an alternative to eradication programs. 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. ), 31751.3. 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. (a) Upon relinquishment of a cat to a public or private shelter, the owner of that cat shall present sufficient identification to establish his or her ownership of the cat and shall sign a statement that he or she is the lawful owner of the cat. The fact that classifying feral cats as wild animals would expose feral cat caretakers to strict liability would probably make a court less likely to find a feral cat to be a wild animal. See id. Jan. 1, 2018. There is no county law prohibiting the feeding of wild animals. Christman-Resch v. City of Akron , 825 N.E.2d 189, 676 n.1, 686 (Ohio Ct. App. 2005), Exotic Mammal, Ind. In the case of any doubt, it's best to consult a trusted specialist. Relying on testimony from the director of Indy Feral, a local organization that works with feral cat colonies, the court found that feral cats will stay with their colonies in a specific location regardless of whether they are fed and watered. The court found that the total amount of damage caused by the cats to the plaintiff's property was approximately $2000. As discussed above, feral cats do not fit neatly within the common law of animal ownership. 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. Feral cats stir debate on feeding in public places, bird safety As long as there are uncaring people, there will be feral cats We're not big cat fans in California Calls to Haven. I.e., if someone abuses a colony of cats, each cat harmed counts as a separate offense. Many state and local governments have not directly addressed the issues of ownership and responsibility related to feral cats. 5/2.16 . I have been told that notched ears means the felines have been spayed or neutered. Connecticut allows municipalities to require feral cat keepers to register with the local animal control officer. Ownership Owners of wild animals intentionally possess those animals, knowingly exposing themselves to the risks that a wild animals presence might pose to the local community. 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. 2, 2007) (pdf file - 628.01 KB). , 746 N.Y.S.2d 747, 750 (N.Y. App. . Could they be exposed to criminal liability for abandonment, neglect, or failure to comply with registration or spay/neuter requirements? "There is a California law that prohibits the abandonment of animals PC 597s (a): 'Every person who willfully. 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. (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. 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. 29D05-0605-SC-1055 (Ind. at 96667. Don't try to handle a feral cat. (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. Jan. 1, 2021. Nongame mammal defined; possession and taking; trapping for recreation or commerce; sale of raw fur. 7 M.R.S.A. Cal. (a) The owner of a nonspayed or unneutered cat that is impounded once by a city or county animal control agency or shelter, society for the prevention of cruelty to animals, or humane society, shall be fined thirty-five dollars ($35) on the first occurrence, fifty dollars ($50) on the second occurrence, and one hundred dollars ($100) for the third or subsequent occurrence. Licensed cattery; exemption from tag requirement, 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. At common law, the answer to this question is unclear. Which brings up another question: Is this rule enforced? Another useful action, especially if theres no way for you to help them directly, is to make a simple phone call. Id . 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 ). However, you may be surprised to find out that experts advise against the practice of feeding feral animals. Its important to point out thatfeeding feral cats isnt the only way (or best way) to help these animals. . Id. (Added by Stats.1998, c. 747 (A.B.1856), 6.5, operative Jan. 1, 2000. Penal Code 42.092 , 60 Baylor L. Rev. . That way, you can avoid possible fines or other penalties. Beginning June 1, 2008: It is prohibited to feed or otherwise care for free-roaming cats or other animals at the RFS. Article 1. Besides the above, if youre passionate about animals and advocating for their well-being, why not volunteer? Application of chapter; spaying or neutering required, 31762. 4150 . 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). Division 4. First, the plaintiff argued that the defendant was responsible for the damage caused by the cats because the defendant returned the altered cats to the plaintiff's neighborhood with the knowledge that the cats would likely return to the plaintiffs home. (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. Spayed or neutered cats; reduction in fee, 31751.6 . No. 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. Article 8. Fiori v. Conway Org. . 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. at 10. This subdivision is applicable within any county. 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. No. 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. (Formerly 31751, added by Stats.1970, c. 1303, p. 1303, 1. C. 8217 . For example, an Indiana trial court recently found that a woman who fed feral cats and participated in a TNR program was not liable for negligently allowing the cats to damage the plaintiffs property. ), 31751.5. That's primarily because of the low volume of vehicles and trains -- typically only two per day. Feral cat is . Division 14.5. Nonspayed or unneutered cats; fines. The limited funding that the state has is then appropriated to the top ranking projects. Second, the article addresses the question of . 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