6.1.802 Authority to arrest and to issue notices to appear. at 98384, 98890. 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. 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. (Added by Stats.1998, c. 752 (S.B.1785), 16.5, operative July 1, 2001. Ctenocephalides felis, regularly infest dogs, cats and opossums in Southern California. The caretaker in that case merely fed and watered the cats. 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 ). 5/2.16 . at 74850. 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. (b)(1) Notwithstanding subdivision (a), this section does not require a cat to be microchipped if a licensed veterinarian certifies in writing that the cat is medically unfit for the microchipping procedure because the cat has a physical condition that would be substantially aggravated by the procedure. Rhode Island then allows local governments to implement permitting requirements for feral cat caretakers. Whats more, feeding strays attracts even more cats to the immediate area. Besides the above, if youre passionate about animals and advocating for their well-being, why not volunteer? Ct. Mar. 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. C. 8217 . We'll tell you want you need to know. Keepers and caretakers provide a valuable service, and the law should not discourage these individuals from caring for animals in need. Someone who cares for a feral cat is likely to limit her activity to feeding, watering, and in some cases spaying or neutering the animal. 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. 6.1.803 Obstructing officers unlawful. 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. . When a person sees a malnourished kitten roaming her neighborhood, her first instinct is often to stop and help. 3907 . (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. These statutes comprise California consolidated cat laws. You have permission to edit this article. False information regarding spaying or neutering; civil penalties; use of funds from penalties, 31764. 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? Theres no federal law that prohibits feeding stray cats or any other type of animal. 29D05-0605-SC-1055 (Ind. 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. Cases are scarce, and the cases that do exist are unpublished and highly fact-specific. Ct. App. Ann. Chapter 1. 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. Christman-Resch v. City of Akron , 825 N.E.2d 189, 676 n.1, 686 (Ohio Ct. App. 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. 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. This would expose keepers and caretakers to liability for the actions of feral cats, but it is plausible that a court would limit the liability of those keepers and caretakers to reflect the more limited degree of control that they exercise over the cats. 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. At least one other state, however, has taken a different approach. Fish and Game Code. There are many other things you can do to contribute to the well-being of stray animals and your community in general. 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. At the same time, the level of control exercised by feral cat keepers and caretakers is often significantly less than the control exercised by an owner of a domestic housecat. 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. at 10. 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. Winds N at 15 to 25 mph. 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. 964, 97374 (Fall 2008) . (2) Feral cats are cats with temperaments that are completely unsocialized, although frightened or injured tame pet cats may appear to be feral. 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. 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. (e) As used in this division, a business day includes any day that a public or private shelter is open to the public for at least four hours, excluding state holidays. Licensed cattery; exemption from tag requirement, 31751.7 . Nongame Mammals. Birds and Mammals. Id. At least one other state, however, has taken a different approach. I suspect that people have been abandoning strays knowing that they would be fed. The many feral cats in Hart Park never seem to be lacking for food with many going to the park on a regular basis volunteering their time and expenses to feed the cats. 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. ), 31751.6. The letter shall include a description of the cat. Jan. 1, 2023.). Since 2006, Los Angeles and Orange Counties have had 122 reported human cases of this disease; all but one of the cases . There is also a colony at the 24th Street/Kern River bridge. Neutering of feral cats as an alternative to eradication programs. By identifying particular, positive programssuch as TNR programsand explicitly exempting participants from the definition of owner, Illinois attempts to ensure that (1) fear of potential liability does not create a disincentive to participate in such a program, and (2) other individuals who might qualify as caretakers or keepers are held responsible for the actions. St. 37-246 (2008). Its true that there are many individuals and organizations that are willing to help these defenseless animals. The court went on to reject two alternative theories of negligence proffered by the plaintiff. However, you may be surprised to find out that experts advise against the practice of feeding feral animals. , No. Article 1. The statute explicitly includes feral cats in its definition of companion animal. Va. Code Ann. Shelters; waiver of cat adoption fee for veterans; limit on number of cats adopted, 31751.5 . (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). (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. "There is a California law that prohibits the abandonment of animals PC 597s (a): 'Every person who willfully. Cal. Food and Agricultural Code (Formerly Agricultural Code). Isn't there a city ordinance forbidding feeding feral animals? Id. Detailed Discussion of Feral Cat Legal Issues. Ideally, more state and local legislatures should begin to address this complex and convoluted area of law. That's primarily because of the low volume of vehicles and trains -- typically only two per day. A further problem is the relatively limited degree of control exercised by the defendant in Baker . Other laws with the potential to impact Its important to point out thatfeeding feral cats isnt the only way (or best way) to help these animals. Under Virginia law, local governments may prohibit any person other than a releasing agency that has registered as such annually with local animal control from owning a cat four months old or older within such locality unless such cat is licensed as provided by this article. Va. Code Ann. 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? They can't replace the diagnosis, advice, or treatment from a professional. Feral cat is . Cloudy. (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. Generally, the state laws that do address these issues simply (1) define feral cats and (2) enable local governments to adopt their own solutions The result of this approach, though, is that the law of feral cats can, and often does, vary drastically within the same state. When considering rules for managing stray or feral cats, it's best to keep in mind the following: Encourage residents who feed stray and feral cats to have the cats sterilized and vaccinated. In the case of any doubt, it's best to consult a trusted specialist. Nongame Mammals and Depredators. 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. St. 37-246 (2008). 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. 6.1.702 Enforcement action. Super. (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. 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. (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. They do not address specific issues related to liability, but rather (1) help to resolve the problem of classifying feral cats and (2) enable local governments to enact their own solutions. Also, if feeding wild animals is prohibited and the law doesn't clearly define feral cats as domestic animals, it should be addressed. (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. However, there are some communities were doing so is illegal. Unfortunately, the answers to these questions are unclear and depend heavily on the local law. Given the status of feral cats as companion animals, anyone who provides food, water, or shelter to a feral cat would almost certainly fall under Virginias definition of an owner.. Under Virginia law, local governments may . See id. Second, the article addresses the question of whether feral cat keepers or caretakers can be held civilly liable for the actions of feral cats. The contents of My Animals are written for informational purposes. This rationale is less persuasive when applied to feral cats for two reasons. 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 first problem is the question of whether feral cats are wild or domestic animals. Zaunbrecher, K.I. Here are some of the most common sections of local laws that commonly affect cats. 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. 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. 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. (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). 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. Amended by Stats.1985, c. 1290, 3. As discussed below, this diminished level of control makes it difficult to determine how feral cat ownership should be determined in common law jurisdictions. Many state and local governments have not directly addressed the issues of ownership and responsibility related to feral cats. Nongame Mammals and Depredators. There is a California law that makes abandoning an animal a crime. (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). Second, keepers and caretakers do not exercise the level of control over feral cats that owners of wild animals exercise over those animals. Anyone who abandons animals at any location in the county is included. 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. Dec. 14, 2001) . The trial court granted summary judgment for the defendants, but the appellate court rejected the trial courts analysis of the plaintiffs nuisance claim. And these colonies can be a threat to public health. That way, youll know just what the limits are when its time to act. 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. Fish & G. Code 4150 - 4151, CA FOOD & AG 31750 - 31766; CA FISH & G 4150 - 4151. Special Provisions Applicable to Counties with a Population of Less Than 100,000 Persons. So if the penalty is a $100 fine, the perpetrator pays $100 for each cat harmed. (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. Feral. "The city will continue to monitor the situation and will investigate future funding opportunities.". 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. (3) A followup program to ensure that dogs and cats transferred by the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group are spayed or neutered in accordance with the agreement executed under subdivision (d) of Section 31760. We seek to change them into positive laws that save animals and meet the needs of cats, caregivers, owners, and the community at large. Finally, the statute permits local municipalities to enact separate ordinances prohibiting cat ownersincluding feral cat keepersfrom substantially damag[ing] property or caus[ing] an unsanitary, dangerous or unreasonably offensive condition. Id. Please log in, or sign up for a new account to continue reading. Repealed by Stats.1999, c. 81 (A.B.1482), 1, operative July 1, 2000. (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). The statute defines a keeper as any person or organization, harboring, regularly feeding or having in his or its possession any feral cat. The law further clarifies that an individual is more likely to qualify as a keeper if she attempts to prevent an animal control officer from impounding feral cats. Credits(Added by Stats.2019, c. 205 (S.B.245), 5, eff. See David Favre & Murray Loring, Animal Law 2125 (1983) . (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. (c) A public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group may not transfer to a new owner a cat that has not been spayed or neutered, except as provided in subdivision (d). 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. 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. Part 3. High 49F. Laws regarding the impoundment of dogs and cats are consistent in most states. Higher wind gusts possible.. 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