Jan. 1, 2020; Stats.2022, c. 469 (S.B.856), 17, eff. Id. See id. The trial court granted summary judgment for the defendants, but the appellate court rejected the trial courts analysis of the plaintiffs nuisance claim. Detailed Discussion of Feral Cat Legal Issues. 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. The contents of My Animals are written for informational purposes. Amended by Stats.1957, c. 1972, p. 3520, 47; Stats.1971, c. 1470, p. 2908, 22.). Until then, however, only the courts can provide clearer guidance for keepers and caretakers in common law jurisdictions. However, its important to look into the local laws where you live, including laws that may apply to your specific community or neighborhood. (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. The city of Gilbert passed an ordinance in 2018 banning residents from feeding feral cats. Giving them a permanent home reduces the number of cats on the streets and this has a positive effect on all the areas we already mentioned. 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. Ask The Californian: Is it illegal to feed feral cats? However, you may be surprised to find out that experts advise against the practice of feeding feral animals. Holding of other impounded animals. (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. 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. "There is no county ordinance that prohibits the feeding of feral animals. 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. 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. 22-339d(a) (West 2001). (4) The cat shall be spayed or neutered within 14 business days of that certification. Article 1. 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. This interpretation of the law may be further supported, however, by the fact that state and local governments found it necessary to enact feral cat legislation in the first place. 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. That wouldn't really do any good because all of the crossings would be blocked. Article 1. Fish and Game Code. (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. The adopter or purchaser shall obtain written proof of spaying or neutering from the veterinarian performing the operation. The Tennessee Court of Appeals recently held that a cat's owner did not owe a duty to prevent her cat from trespassing on her neighbor's property. Consequently, feral cats do not fall under any authority or jurisdiction within our public institutions. I.e., if someone abuses a colony of cats, each cat harmed counts as a separate offense. These statutes comprise California consolidated cat laws. In addition to any required spay or neuter deposit, the public or private shelter, at its discretion, may assess a fee, not to exceed the standard adoption fee, for animals adopted or released. The public or private shelter may enter into cooperative agreements with any animal rescue or adoption organization. Thus, when a statute or local ordinance explicitly defines the role and responsibility of a feral cat keeper or caretaker, it is important to look closely at the statute, ordinance, and any relevant case law to fully understand the risks, rights, and responsibilities associated with caring for feral cats. Kyles v. Great Oaks Interests , No. "I would say no, because I've never even had the complaint," Davis said. at 45; see also McElroy v. Carter , No. "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.' 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. (a)(1) A person who commits any violation of subdivision (b) is subject to a civil penalty of not less than fifty dollars ($50) on a first violation of subdivision (b), and a civil penalty of not less than one hundred dollars ($100) on any second or subsequent violation of subdivision (b). Article 8. 4150 . 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. . 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. (Added by Stats.1998, c. 747 (A.B.1856), 7, operative Jan. 1, 2000. (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. In general, though, these state laws are strictly definitional. Determining when a feral cat caretaker may be criminally liable is a complex issue that has not been extensively addressed. In addition to any required spay or neuter deposit, the public or private shelter, at its discretion, may assess a fee, not to exceed the standard adoption fee, for animals adopted by new owners or released to nonprofit animal rescue or adoption organizations pursuant to this section. Whenever a county, or a city that is within a county to which this chapter applies, requires cat license tags, the 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. If a cat has a preexisting microchip or there is reasonable proof of ownership, the agency, shelter, or group shall document and retain a record of all efforts made to contact the microchip's primary registrant or other demonstrated owner for at least two years. Theres always a need for caring individuals to help out at. Council voted 6-0 last Wednesday night to pass an ordinance that makes it illegal for anyone . "The application includes ranking the existing at-grade crossing on a formula that considers several aspects of the existing crossing. Finally, the court dismissed the plaintiff's trespass claim for lack of evidence. M2005-00414-COA-R3-CV, 2006 WL 2805141, at *6 (Tenn. Ct. App. 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. ), 31751.6. (c) This section shall become operative on July 1, 2002. Unfortunately, the answers to these questions are unclear and depend heavily on the local law. Jan. 1, 2020. 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. Implementation of a Feral Cat Management Program on a University Campus. 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. (Added by Stats.1998, c. 747 (A.B.1856), 6.5, operative Jan. 1, 2000. Many individuals are feeding the cats in two locations. 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? The policy rationale supporting strict liability is that a wild animal is so inherently dangerous that the burden should be on the owner, who made a conscious decision to possess the animal, to control the animal at all times. False information regarding spaying or neutering; civil penalties; use of funds from penalties, 31764. Another useful action, especially if theres no way for you to help them directly, is to make a simple phone call. 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. (Stats.1957, c. 456, p. 1382, 4151. 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. 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. 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. Id. (Added by Stats.1998, c. 752 (S.B.1785), 15. The limited funding that the state has is then appropriated to the top ranking projects. California CA Food & Ag Code 31752.5 Regulation of cats - . 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. (2) A kitten under eight weeks of age that is reasonably believed to be unowned and is impounded in a public or private shelter may, before the euthanasia of that animal, be made immediately available for release to a nonprofit, as defined in Section 501(c)(3) of the Internal Revenue Code, animal rescue or adoption organization if requested by the organization. However, it is possible that individual members of a domestic species could be considered wild if those individual animals have not been domesticated. Application of chapter; spaying or neutering required, 31762. Credits(Added by Stats.2020, c. 108 (S.B.573), 2, eff. 2005) . Div., 1985) (stating that keepers of wild animals are strictly liable). The key question in either case is whether the owner has a duty to control the cat's behavior. (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 mammal defined; possession and taking; trapping for recreation or commerce; sale of raw fur. 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. Similarly, some states classify feral cat caretakers as owners and further require owners to spay and neuter their pets or immunize them against rabies. Ct. App. Also, laws can state that a separate violation occurs to each animal involved. "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. "If a temporary or permanent home cannot be found, owners can always bring their pet to any of the Kern County Animal Control shelters in Bakersfield, Mojave and Lake Isabella. So we talked to Maggie Kalar, a spokeswoman for the Kern County Animal Control Department, who told us: "There is no county ordinance that prohibits the feeding of feral animals. In states that have not addressed feral cats in their laws, to what extent can a caretaker be liable for tort damages caused by feral cats? According to one source, the law in Texas prohibiting cruelty to animals did not specifically protect feral cats until 2007. The Baker court concluded its opinion, however, by raising an important concern about the balance between animal protection statutes and private property rights. Higher wind gusts possible.. (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 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. . 964, 97374 (Fall 2008) . A non-domesticated mammalian predator shall include coyotes, raccoons, foxes, opossums, bears, mountain lions, and bobcats. Super. See id. Despite endless campaigns to raise awareness, there are still humans that make the decision to abandon their pets. ), 31754. H028774, 2007 WL 495897 (Cal. 2, 2007) (pdf file - 628.01 KB). (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. required by law. Shelters; waiver of cat adoption fee for veterans; limit on number of cats adopted, 31766. "Meaning, you are feeding stray dogs you are feeding stray cats and providing care for them, under the law the animal becomes yours," said Cris Kemper with Longview Animal Control. 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. Among the provisions include possession requirements for non-domestic cats, vaccination and impound procedures for domestic cats, and legislative policy statements about feral cats. Spayed or neutered cats; reduction in fee, 31751.6 . 6.1.701 Prohibition on harboring animals which make excessive noise. 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). at 97374, 966. (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. The entity shall establish the amount of the deposit at the level it determines is necessary to encourage the spaying or neutering of cats. A further problem is the relatively limited degree of control exercised by the defendant in Baker . Since 2006, Los Angeles and Orange Counties have had 122 reported human cases of this disease; all but one of the cases . Feeding strays isnt just an issue about the health and comfort of the citizens of a community. at 10. Repealed by Stats.2004, c. 253 (S.B.1301), 10, 4150. "There is a California law that prohibits the abandonment of animals PC 597s (a): 'Every person who willfully. Submit questions to asktbc@bakersfield.com or to The Bakersfield Californian, c/o Christine Bedell, P.O. The court accepted the plaintiff's claim that the aggressive tendencies of stray and feral cats pose certain risks that domestic housecats do not, especially when they are cornered by human. Not only do they fail to meet minimal nutritional requirements, but they can also be extremely harmful to a cats health in general. 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. Birds and Mammals. That's primarily because of the low volume of vehicles and trains -- typically only two per day. While in some places its illegal to feed stray animals, that doesnt mean we cant look for other ways to help them. Cal. Receiving a fine for giving food to feral cats or any other animals isnt common, but it can happen. ; Smith, R.E. (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. 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. The statute explicitly includes feral cats in its definition of companion animal. Va. Code Ann. (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). This case illustrates the careful balancing act involved in crafting a feral cat statute or ordinance. 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. The answers to these questions can vary widely depending on where the individual lives. Baker v. Middleton , C.A. (a)(1) Except as otherwise provided in subdivision (b), 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 to a new owner any cat that has not been spayed or neutered. Control agencies, shelters, or rescue groups; spaying or neutering requirements. 31750. Any licensed cattery may be exempted pursuant to regulation or ordinance from any requirement to obtain a license tag for each cat within the cattery. They can't replace the diagnosis, advice, or treatment from a professional. A: There's a prohibition in the city of Bakersfield, but not in unincorporated areas of Kern County. The court held that the defendant did not owe a duty to the plaintiff to prevent the feral cats from causing this damage, and therefore, the defendants failure to prevent the cats from damaging the plaintiffs property did not constitute negligence. ; Slater, M.R. 6.1.802 Authority to arrest and to issue notices to appear. 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. There is a California law that makes abandoning an animal a crime. Feeding ban laws and ordinances are an ineffective and cruel approach to feral cats. Feb. 16, 2007) . (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). Amended by Stats.2004, c. 253 (S.B.1301), 7.). at 96667. Id. Besides the above, if youre passionate about animals and advocating for their well-being, why not volunteer? (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. (2) A public education program to reduce and prevent overpopulation of dogs and cats, and the related costs to local government. This may reflect the legislatures intent to solve the problem of discouraging good Samaritans. (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) No person shall feed or in any manner provide food for one or more non-domesticated mammalian predators. (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. M2005-00414-COA-R3-CV, 2006 WL 2805141, at *6 (Tenn. Ct. App. 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. Chapter 2. There are several reasons behind it being a bad ideaand sometimes illegalto feed strays. Center (2006)) . Based on these unique risks, the court articulated a limited exception to the general rule that the negligence standard does not apply to injuries caused by domestic animals, holding that the store owner could be liable for failing to maintain safe premises for his customers. (3) Submits to a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group false information regarding sterilization fees or fee schedules. No. See David Favre & Murray Loring, Animal Law 7 (1983) . (Added by Stats.1998, c. 752 (S.B.1785), 16.5, operative July 1, 2001. ), 31752. (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. Cal. Code 31750 - 31766; West's Ann. 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 . Journal of the American Veterinary Medical Association 1993, 203, 449-452. Under the Texas Animal Health and Safety Code, "custody" includes responsibility for the health, safety, and . The same level penalty can apply, or the penalties may increase upon a second or third violation. It is important to note, however, that very few cases have addressed the issue of civil liability for feral cat keeping or caretaking. St. 37-246 (2008). The court went on to reject two alternative theories of negligence proffered by the plaintiff. Part 3. The caretaker in that case merely fed and watered the cats. (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. 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. Further, the statute provides that any refusal to permit any animal control officer to impound such cat shall be deemed evidence of ownership . Fish and Game Code. See David Favre & Murray Loring, Animal Law 2125 (1983) . No, that was not a typo, there is potential criminal liability for feeding feral cats. ), 31751.5. 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. 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. In contrast, keepers and caretakers usually care for feral cats where they find them, exercising a limited degree of control over the animals. 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. Second, the article addresses the question of whether feral cat keepers or caretakers can be held civilly liable for the actions of feral cats. Regulation of 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). Amended by Stats.2004, c. 253 (S.B.1301), 6. Jan. 1, 2020.). (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). Illegalto feed strays of this disease ; all but one of the citizens of a community manner provide food water. C. 1972, p. 2908, 22. ) be extremely harmful to a cats in. 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