Amended by Stats.2004, c. 253 (S.B.1301), 9. 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. Holding period; owner redemption, 31755. On a national level, there are no laws to keep you from giving food to strays. 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. If you've been feeding a cat for several days and can still not approach or touch the cat, it is probably feral. Therefore, the probability of the city receiving funding from the state is very low. 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. 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. The answers to these questions can vary widely depending on where the individual lives. The cat shall be spayed or neutered within 14 business days of that certification. Chapter 3. Feral cats do not fit neatly within the common law categories of animal ownership. (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. Spayed or neutered cats; reduction in fee, 31751.6 . (a)(1) Except as provided in subdivision (b), a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group shall not release a cat to an owner seeking to reclaim it, or adopt out, sell, or give away a cat to a new owner, unless either of the following conditions is met: (A) The cat is microchipped with current information on the owner reclaiming the cat or new owner receiving the cat, as applicable, and the owner or new owner is registered with the microchip registry company as the primary owner of the cat. In the vast majority of jurisdictions, however, courts will have no guidance other than common law. Ct. Mar. Repealed by Stats.1985, c. 1290, 2, 31751.3 . 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. 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. The town ordinance required [e]very person responsible for an animal located within the City to ensure that such animal . Second, the article addresses the question of whether feral cat keepers or caretakers can be held civilly liable for the actions of feral cats. See id. 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. Chapter 2. In Kyles , the plaintiffs were members of a family residing in a home located next to an apartment complex. (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. (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. The city of Gilbert passed an ordinance in 2018 banning residents from feeding feral cats. Among the provisions include possession requirements for non-domestic cats, vaccination and impound procedures for domestic cats, and legislative policy statements about feral cats. Select from the 0 categories from which you would like to receive articles. Debunking the Myths and Misinformation: Cat Predation Why Eradication Methods Fail Handbook Download Cat Health & Supplies Health Care for Your Cat > Vaccines Wellness Vet Checkups Microchiping Nail Trimmings 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. 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. Journal of the American Veterinary Medical Association 1993, 203, 449-452. 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. The court went on to reject two alternative theories of negligence proffered by the plaintiff. 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. Connecticut allows municipalities to require feral cat keepers to register with the local animal control officer. (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). at 10. . David Favre & Murray Loring, Animal Law 8 (1983). 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. 31750. 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. Rather than feeding feral cats, its better to just adopt them directly. (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. ), 31751.6. Detailed Discussion of Feral Cat Legal Issues. Will she consider the possible rights and responsibilities that might arise from her caretaking? (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). 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. This list is not meant to be a comprehensive list of all laws impacting feral/community cats. RI ST 4-24-3 . (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. 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. That way, youll know just what the limits are when its time to act. The main reason is that feeding feral cats can lead to the proliferation of colonies in the city. 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. Legislative findings and declarations, 31753 . 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. The entity shall establish the amount of the deposit at the level it determines is necessary to encourage the spaying or neutering of cats. at 74850. , 746 N.Y.S.2d 747, 750 (N.Y. App. 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. What do we need to keep in mind? Further, it is a misdemeanor for a cat owner to fail to pay any license tax required by this chapter before February 1 for the year in which it is due. Va. Code Ann. (Added by Stats.1998, c. 747 (A.B.1856), 8, operative Jan. 1, 2000.). Bin 440, Bakersfield, CA 93302. All rights reserved. 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.". 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. Food and Agricultural Code (Formerly Agricultural Code). (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. Neutering of feral cats as an alternative to eradication programs. "The city will continue to monitor the situation and will investigate future funding opportunities.". Jan. 1, 2019; Stats.2019, c. 8 (A.B.1565), 1, eff. Theres always a need for caring individuals to help out at. Super. (a) A mammal occurring naturally in California that is not a game mammal, fully protected mammal, or fur-bearing mammal is a nongame mammal. 22-339d(a) (West 2001). If you are caught feeding coyotes, you could face jail time or a fine of up to $1,000. Hart Park is within county jurisdiction. (4) Feral cats pose particular safety hazards for animal shelter employees. This site is not a law firm and cannot offer legal advice. As discussed below, some individuals may be disinclined to care for feral cats if they believe that doing so may expose them to civil or criminal liability. When damage to property or persons is reasonably foreseeable, a court in these jurisdictions could impose civil liability on keepers and caretakers for breaching their duty to control the feral cats in their care. Many local laws are punitive. These cats damaged the plaintiffs home, destroying insulation, a vapor barrier, and duct work. The public or private shelter may enter into cooperative agreements with any animal rescue or adoption organization. Holding of other impounded animals, 31754 . Its true that there are many individuals and organizations that are willing to help these defenseless animals. Credits(Added by Stats.2019, c. 205 (S.B.245), 5, eff. 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? What's the city's plan on doing about the growing problem at hand? 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. The result of this approach is that the law of feral cats can, and often does, vary drastically within the same state. 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. 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. Pickup is the same day beginning at 3:30-4:00p.m. There is no county law prohibiting the feeding of wild animals. 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 ). Failure to comply with spaying or neutering agreements; forfeitures and fines; extensions of time, 31763. 6.1.701 Prohibition on harboring animals which make excessive noise. 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. That's primarily because of the low volume of vehicles and trains -- typically only two per day. 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 . 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. Shelters; waiver of cat adoption fee for veterans; limit on number of cats adopted, 31751.5 . 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. A non-domesticated mammalian predator shall include coyotes, raccoons, foxes, opossums, bears, mountain lions, and bobcats. West's Annotated California Codes. Holding period for impounded cats, 31752.5 . It is certainly plausible, then, that a feral cat caretaker in Virginia could be required to comply with the same requirements imposed on owners of domestic cats. These statutes comprise California consolidated cat laws. What, then, is the answer to the question of whether feral cat keepers and caretakers are the animals' owners? No. The adopter or purchaser shall obtain written proof of spaying or neutering from the veterinarian performing the operation. 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. 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. This rationale is less persuasive when applied to feral cats for two reasons. (2) The entity shall establish the amount of the deposit at the level it determines is necessary to encourage the spaying or neutering of cats. (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. 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. Like Connecticut, Delaware, and Maine, Rhode Island states that any individual who permits a cat to habitually be or remain on or be lodged or fed within such persons property or premises qualifies as an owner. 29D05-0605-SC-1055 (Ind. Rev. That wouldn't really do any good because all of the crossings would be blocked. (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. Under the Texas Animal Health and Safety Code, "custody" includes responsibility for the health, safety, and . Subject to some limitations, a person typically owns an animal when she has possession over it (for wild animals, ownership is subject to obtaining proper title from the state; for domestic animals, ownership is often subject to the property interest of the animals prior owner). 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. For more information on the UC Berkeley RFS Ridgway's rail conservation program, go to the Restoration Page of the RFS Environmental Website. Amended by Stats.1998, c. 752 (S.B.1785), 13, operative July 1, 1999; Stats.2000, c. 567 (A.B.2754), 3; Stats.2011, c. 97 (A.B.222), 5; Stats.2018, c. 194 (A.B.2791), 3, eff. Rather, they typically authorize local governments to enact their own ordinances. (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. These important distinctions would explain why some states have specifically excluded feral cats from their statutory definitions of exotic or wild animals. Feral Cats and the Law Cats and Wildlife > Cats and Predation Where have all the birds gone? There is a California law that makes abandoning an animal a crime. (b) Notwithstanding subdivision (a), kittens or puppies relinquished by the purported owner, or brought in by any other person with authority to relinquish them, to public or private shelters, may be available immediately for adoption. 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. Jan. 1, 2021. RI ST 4-22-2 . 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. ), 31752. Is it legal to feed feral cats in California? 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. 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. Until then, however, only the courts can provide clearer guidance for keepers and caretakers in common law jurisdictions. Enforcement 6.1.801 Entry on premises to seize and impound 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. 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