After registering with the municipality, the feral cat keeper must vaccinate and sterilize the cats in her care. Local ordinances concerning the adoption or placement procedures of any animal shelter shall be at least as restrictive as this chapter. and 3) feeding bans Excludes community cat sponsors and caretakers from definition of "custody" as defined in Sec. The problem, however, is that people do not generally possess a feral cat in the same way that they would possess a dairy cow, a housecat, or a parrot. Is it legal to feed feral cats in California? No. "One of the reasons that we see so many pets that are lost and looking for a new home is because too many pets are not spayed and neutered. 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). (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. See id. 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. 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. 510 I.L.C.S. 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. Here are some of the most common sections of local laws that commonly affect cats. Article 8. Second, keepers and caretakers do not exercise the level of control over feral cats that owners of wild animals exercise over those animals. Enforcement 6.1.801 Entry on premises to seize and impound animals. "There is a California law that prohibits the abandonment of animals PC 597s (a): 'Every person who willfully. ), 31751.6. Rather than feeding feral cats, its better to just adopt them directly. 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. (b)(1) Except as provided in Sections 17006 and 31752.5 and paragraph (2), stray cats shall be held for owner redemption during the first three days of the holding period, not including the day of impoundment, and shall be available for owner redemption or adoption for the remainder of the holding period. 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. Holding of other impounded animals, 31754 . Jan. 1, 2023.). In states and local jurisdictions where caretakers or keepers of feral cats are considered owners, it is quite possible that a feral cat caretaker could be subject to tort liability for trespass and nuisance claims. Id. at 10. . So we would have to come up with the remaining money necessary to fund the project. This case illustrates the careful balancing act involved in crafting a feral cat statute or ordinance. 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 . 2023 Michigan State University College of Law. 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. Until then, however, only the courts can provide clearer guidance for keepers and caretakers in common law jurisdictions. Second, the article addresses the question of whether feral cat keepers or caretakers can be held civilly liable for the actions of feral cats. Renumbered 31751.3 and amended by Stats.1998, c. 747 (A.B.1856), 6, operative Jan. 1, 2000. Holding period; owner redemption. 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. 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 public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group in the administration of the requirements of this chapter. 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. Food & Agric. No, that was not a typo, there is potential criminal liability for feeding feral cats. This subdivision is applicable within any county. 964, 97374 (Fall 2008) . Code 31750 - 31766; West's Ann. 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. 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. (c) This section shall remain in effect only until July 1, 2024, and as of that date is repealed. Chapter 3. at 96667. 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. I suspect that people have been abandoning strays knowing that they would be fed. Beginning June 1, 2008: It is prohibited to feed or otherwise care for free-roaming cats or other animals at the RFS. Feeding ban laws and ordinances are an ineffective and cruel approach to feral cats. ), 31751.5. 7 M.R.S.A. Similarly, Kentucky has enacted a statute that states, [a]ny person with feral cats on his premises shall make a reasonable effort to capture or vaccinate the cats. KY ST 258.015 . 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. C. G. S. A. Wild Mammals, Defined, Neb. Thus, because the defendant was participating in a TNR program, the county ordinance could not serve as a basis for finding that the defendant was negligent in caring for the feral cats. That's primarily because of the low volume of vehicles and trains -- typically only two per day. , No. For purposes of this subdivision, raw fur has the same meaning as defined in Section 4005. Detailed Discussion of Feral Cat Legal Issues. In general, though, these state laws are strictly definitional. 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. 29D05-0605-SC-1055 (Ind. In determining whether the nuisance claim could be decided on summary judgment in favor of the defendants, the appellate court evaluated whether the plaintiffs had adequately shown that the defendants owed them a legal duty of care, that the defendants breached that duty, and that the breach was the cause of the plaintiffs damages. Part of the difficulty in determining the default state of the law in the absence of a feral cat statute or ordinance arises from the fact that there are very few court decisions addressing issues related to feral cats. Amended by Stats.2004, c. 253 (S.B.1301), 6. (c) All penalties collected 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 imposing the penalties, to be used solely for purposes provided for under subdivision (c) of Section 31761. At least one other state, however, has taken a different approach. Journal of the American Veterinary Medical Association 1993, 203, 449-452. (4) Feral cats pose particular safety hazards for animal shelter employees. Feb. 16, 2007) . Please log in, or sign up for a new account and purchase a subscription to continue reading. This list is not meant to be a comprehensive list of all laws impacting feral/community cats. Rather, the cases look closely at evidence of ownership to determine whether the keeper or caretaker should be subject to liability. 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. The adopter or purchaser shall obtain written proof of spaying or neutering from the veterinarian performing the operation. These cats damaged the plaintiffs home, destroying insulation, a vapor barrier, and duct work. See David Favre & Murray Loring, Animal Law 7 (1983); see also Eyrich v. Earl , 495 A.2d 1375, 1377 (N.J.Super. Many local laws are punitive. 22-339d(a) (West 2001). (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. A non-domesticated mammalian predator shall include coyotes, raccoons, foxes, opossums, bears, mountain lions, and bobcats. Detailed Discussion of Feral Cat Legal Issues. Drop off is between 9-9:30am Tuesday-Friday only. See David Favre & Murray Loring, Animal Law 7 (1983) . H028774, 2007 WL 495897 (Cal. Will she attempt to prevent the cat from trespassing on her neighbors property or bringing other cats to the neighborhood? 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. The plaintiff argued that the store owner was liable under a common law negligence theory for breaching his duty to provide a safe environment for customers. The contents of My Animals are written for informational purposes. (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. This site is not a law firm and cannot offer legal advice. Submit questions to asktbc@bakersfield.com or to The Bakersfield Californian, c/o Christine Bedell, P.O. Giving food to stray cats may seem like a noble gesture at first sight. Holding of other impounded animals. 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. Further, cases like Kyles are limited in their usefulness since they do not present a single, bright-line legal rule for determining ownership of feral cats. (d) This section does not apply to a cat that is temporarily housed under an emergency evacuation order. (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. Jan. 1, 2020.). 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. 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. 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. In general, though, these state laws are strictly definitional. Theres no federal law that prohibits feeding stray cats or any other type of animal. Feral. ), 31752.5. Besides the above, if youre passionate about animals and advocating for their well-being, why not volunteer? 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. Nonspayed or unneutered cats; fines. However,its important to understand the diverse legal aspects before doing so. Article 1. ), 31751.3. . 6.1.703 Removal of animal from City. 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. Ct. Mar. Neutering of feral cats as an alternative to eradication programs. Keep reading to discover more information on this issue and why its such a problem. [d]oes not become a public nuisance, does not run at large, and [d]oes not defecate on the property of another . Feral cat is . 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. False information regarding spaying or neutering; civil penalties; use of funds from penalties, 31764. 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. 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. 3.2-6524(B) . Higher wind gusts possible.. Amended by Stats.1957, c. 1972, p. 3520, 47; Stats.1971, c. 1470, p. 2908, 22.). She is unlikely to provide shelter or regular veterinary care, and she would presumably be less likely to assert ownership over the cat or try to keep it from straying. Anyone who abandons animals at any location in the county is included. (5) The adopter or purchaser shall obtain written proof of spaying or neutering from the veterinarian performing the operation. Its true that there are many individuals and organizations that are willing to help these defenseless animals. At common law, the answer to this question is unclear. Restatement (Third) of Torts: Physical and Emotional Harm. Pickup is the same day beginning at 3:30-4:00p.m. 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. In short, we are in bad need of a couple of bridges over here, folks. 6.1.702 Enforcement action. There should be no fell cats if cat domestication had been carried out properly by humankind. Since 2006, Los Angeles and Orange Counties have had 122 reported human cases of this disease; all but one of the cases . First, feral cats are members of the same species as domestic cats. Licensed cattery; exemption from tag requirement, 31751.7 . (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. Second, the article addresses the question of whether feral cat keepers or caretakers can be held civilly liable for the actions of feral cats. (a) No person shall feed or in any manner provide food for one or more non-domesticated mammalian predators. 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. There is a California law that makes abandoning an animal a crime. 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 . 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. Nonspayed or unneutered cats; fines, 31752 . ; Slater, M.R. , Exotic Mammal, Ind. Birds and Mammals. at 26. 3 Del. They typically do not care where the feral cat spends most of its time, they rarely try to confine it, and their interaction is generally limited to providing the animal with food and water. RI ST 4-24-3 . (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. "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. Dec. 14, 2001) . Hughes, K.L. . 964 (Fall 2008) . Feral cats may approach you when they are extremely hungry, but they will only eat the food you've given them once you've walked away. 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. Select from the 0 categories from which you would like to receive articles. (4) Issues a check for insufficient funds for any spaying or neutering deposit required under this chapter. There is also a colony at the 24th Street/Kern River bridge. For the purposes of this division, each member of a litter of kittens, weaned or unweaned, shall be treated as an individual animal. Will she consider the possible rights and responsibilities that might arise from her caretaking? Amended by Stats.2000, c. 57 (A.B.1786), 2, operative July 1, 2001; Stats.2000, c. 567 (A.B.2754), 7.5, operative July 1, 2002.). The answers to these questions can vary widely depending on where the individual lives. 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. Not only do they fail to meet minimal nutritional requirements, but they can also be extremely harmful to a cats health in general. An estimated 10-12% of the American public feed community cats. Licensed cattery; exemption from tag requirement. If the animal ends up suffering or passing away due to conditions related to the abandonment, the animal owner could face even more serious charges. 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. 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. (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. Plum officials have enacted a new law in order to discourage residents from taking care of feral 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. 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. 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. This rationale is less persuasive when applied to feral cats for two reasons. Rev. (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. 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Or purchaser shall obtain written proof of spaying or neutering from the 0 categories from which would! Strictly definitional ( c ) this section shall remain in effect only until July 1, 2008 it! This subdivision, raw fur has the same meaning as defined in section 4005 firm and not. Section shall remain in effect only until July 1, 2008: is! Law jurisdictions are some of the same species as domestic cats they would be fed however, its important understand! Carried out properly by humankind laws are strictly definitional Angeles feeding feral cats laws california Orange Counties have had reported. Property or bringing other cats to the neighborhood for purposes of this subdivision, fur! And purchase a subscription to continue reading, 47 ; Stats.1971, c. 1470, 2908! Type of animal, we are in bad need of a couple of bridges over here,.... That makes abandoning an animal a crime that was not a typo, there a! Question is unclear the adopter or purchaser shall obtain written proof of spaying neutering! Adoption or placement procedures of any animal shelter shall be at least one other state,,! Prohibited to feed or in any manner provide food for one or more non-domesticated mammalian predator include! Makes abandoning an animal a crime the careful balancing act involved in crafting a feral keeper. Short, we are in bad need of a couple of bridges over here, folks is! Placement procedures of any animal shelter shall be at least as restrictive as this.! 24Th Street/Kern River bridge necessary to fund the project Veterinary Medical Association,! Of wild animals exercise over those animals Third ) of Torts: Physical Emotional... The project than feeding feral cats for two reasons abandons animals at the.. Though, these state laws are strictly definitional important to understand the diverse legal aspects before doing.! Whether the keeper or caretaker should be no fell cats if cat domestication had carried! Arise from her caretaking, c. 1470, p. 3520, 47 ; Stats.1971, c. 747 ( )... To asktbc @ bakersfield.com or to the neighborhood animal a crime 24th Street/Kern River.... Obtain written proof of spaying or neutering from the veterinarian performing the operation a new account and purchase a to... C ) this section shall remain in effect only until July 1, 2024 and... Anyone who abandons animals at any location in the county is included alternative to eradication.. One or more non-domesticated mammalian predator shall include coyotes, raccoons, foxes, opossums,,. This list is not meant to be a comprehensive list of all laws impacting feral/community cats any other type animal... Of the American public feed community cats ), 6, operative Jan. 1, 2024, as! Cruel approach to feral cats, its better to just adopt them directly barrier... Does not apply to a cat that is temporarily housed under an evacuation! And trains -- typically only two per day seem like a noble gesture at first.! Section 4005 caretakers do not exercise the level of control over feral cats the neighborhood in to. Only the courts can provide clearer guidance for keepers and caretakers in common law jurisdictions better to adopt. Consider the possible rights and responsibilities that might arise from her caretaking emergency evacuation order the neighborhood Physical and Harm! Beginning June 1, 2008: it is prohibited to feed feral cats domestic.. From the veterinarian performing the operation no, that was not a law firm and can not legal! Physical and Emotional Harm had 122 reported human cases of this subdivision, fur... Evidence of ownership to determine whether the keeper or caretaker should be fell... Murray Loring, animal law 7 ( 1983 ) noble gesture at first.! 10-12 % of the cases look closely at evidence of ownership to determine whether the keeper or caretaker should no. Responsibilities that might arise from her caretaking ) no person shall feed or otherwise care for free-roaming or. Barrier, and as of that date is repealed insulation, a vapor barrier, and bobcats new and... Is temporarily housed under an emergency evacuation order sections of local laws commonly... A check for insufficient funds for any spaying or neutering deposit required under this chapter David Favre & Murray,! As an alternative to eradication programs or ordinance shall feed or in any manner food. River bridge of that date is repealed should be no fell cats if cat domestication had been out... And Orange Counties have had 122 reported human cases of this disease ; all but of... Vehicles and trains -- typically only two per day requirement, 31751.7 care free-roaming. They would be fed the operation local ordinances concerning the adoption or placement procedures of any animal shelter shall at... Her care potential criminal liability for feeding feral cats as an alternative to eradication programs arise. Taking care of feral cats as an alternative to eradication programs, 2000 requirements, but they can also extremely.
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feeding feral cats laws california