), 31751.3. 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. 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. (2) Notwithstanding subdivision (a), this section does not require a cat to be microchipped if the agency, shelter, or group receives a signed form from the owner reclaiming the cat or new owner receiving the cat that states that the cost of microchipping would impose an economic hardship for the owner or new owner. Second, the article addresses the question of whether feral cat keepers or caretakers can be held civilly liable for the actions of feral cats. If your town is considering a feeding ban proposalor you've been threatened with or given a citation related to a feeding ban ordinance already in placewe know that you are in a difficult situation and facing difficult decisions about caring for cats. at 74850. All rights reserved. Kyles v. Great Oaks Interests , No. Even in common law jurisdictions, the scarcity of published judicial opinions makes it difficult to determine what a judge will decide in a particular case. (3) Some people care for or own feral cats. Another indicator that courts may be unwilling to independently determine the rights and responsibilities of feral cat caretakers is the Indiana Superior Court's decision in Baker v. Middleton , C.A. 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. 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. Unfortunately, the answers to these questions are unclear and depend heavily on the local law. 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. Ask The Californian: Is it illegal to feed feral cats? (a) A spaying or neutering deposit may be either of the following: (1) A portion of the adoption fee or other fees rendered in acquiring the cat, which will enable the adopter to take the cat for spaying or neutering to a veterinarian with whom the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group has an agreement that provides that the veterinarian will bill the shelter directly for the sterilization. . 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. Ownership (4) 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. (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). Birds and Mammals. Article 1. 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). CA - Circus - 25989.1. See id. 3 Del. See David Favre & Murray Loring, Animal Law 7 (1983); see also Eyrich v. Earl , 495 A.2d 1375, 1377 (N.J.Super. 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. Although some state and local governments have enacted statutes and ordinances attempting to resolve some of these issues, most jurisdictions do not have any laws governing the care and ownership of feral cats. There's no federal law that prohibits feeding stray cats or any other type of animal. 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. 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. 2, 2007) (pdf file - 628.01 KB). 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, or humane society shelter. The court further suggested that counties might resolve this problem by modifying their feral cat ordinances to require feral cat caretakers to notify neighbors of the colony's existence, the potential for damage from such a colony, and appropriate preventative measures that could be taken. Id. Jan. 1, 2020.). (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. Not only do they fail to meet minimal nutritional requirements, but they can also be extremely harmful to a cats health in general. (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). H028774, 2007 WL 495897 (Cal. Why is feeding stray cats a bad idea? In jurisdictions where feral cat keepers or caretakers are considered the cats' legal owners, keepers and caretakers may also be liable for damage caused by feral cats to property or persons. Ideally, more state and local legislatures should begin to address this complex and convoluted area of law. Will she attempt to prevent the cat from trespassing on her neighbors property or bringing other cats to the neighborhood? 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. The court did not, however, address the question of whether a feral cat caretaker could be held criminally liable under the ordinancea distinct possibility, given the ordinances broad definition of ownership. 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.). 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. (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. Its also something that can be harmful for the health of these animals themselves. 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. But see Allen v. Cox , 942 A.2d 296, 304 (Conn. 2008) (holding that when a cat's owner knows that the cat has a propensity to be violent, the owner may be liable for reasonably foreseeable injuries caused by the cat's aggressive behavior). Journal of Applied Animal Welfare Science 2002, 5, 15-28. Keep reading to discover more information on this issue and why its such a problem. First, how does feeding feral cats negatively impact the community? However, it is possible that individual members of a domestic species could be considered wild if those individual animals have not been domesticated. Shelters; waiver of cat adoption fee for veterans; limit on number of cats adopted, 31751.5 . Super. Rather, they typically authorize local governments to enact their own ordinances. 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. "Such a project would cost on the order of $20 million. Higher wind gusts possible.. No, that was not a typo, there is potential criminal liability for feeding feral cats. (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. 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. Under this system, a person who feeds feral cats outside of her office building every morning might not be subjected to liability at all, whereas a person who provides shelter, food, water, and veterinary services for a group of feral cats would be more likely to be liable for the actions of those animals. We will do our best to find a second home for your pet. Feral cat is . Determining when a feral cat caretaker may be criminally liable is a complex issue that has not been extensively addressed. Jan. 1, 2020. (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. 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. For more information on the UC Berkeley RFS Ridgway's rail conservation program, go to the Restoration Page of the RFS Environmental Website. Chapter 3. 3.2-6500 . We'll tell you want you need to know. Credits(Added by Stats.2019, c. 205 (S.B.245), 5, eff. The entity shall establish the amount of the deposit at the level it determines is necessary to encourage the spaying or neutering of cats. to what extent can a caretaker be liable for tort damages caused by feral cats? 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. (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. West's Annotated California Codes. Will the kindhearted bystander wonder whether feeding the cat will cause her to become the cats legal owner? . 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. (a) No person shall feed or in any manner provide food for one or more non-domesticated mammalian predators. Repealed by Stats.1985, c. 1290, 2, 31751.3 . Therefore, the probability of the city receiving funding from the state is very low. 6.1.701 Prohibition on harboring animals which make excessive noise. Notice to animal control services agency of performances to be conducted The key question in either case is whether the owner has a duty to control the cat's behavior. Holding of other impounded animals. 2005), Exotic Mammal, Ind. Feeding strays isnt just an issue about the health and comfort of the citizens of a community. Division 14.5. Feral cats per se are an admission of society's failure in the process of domesticating cats. At least one other state, however, has taken a different approach. So while feral cats are part of a domesticated species, it is possible that a court might find that specific feral cats qualify as wild animals, which would subject their owners and keepers to different requirements than owners and keepers of domestic cats. Finally, the court dismissed the plaintiff's trespass claim for lack of evidence. 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. The city of Gilbert passed an ordinance in 2018 banning residents from feeding feral cats. Theres no federal law that prohibits feeding stray cats or any other type of animal. 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. (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. Nongame Mammals. A: There's a prohibition in the city of Bakersfield, but not in unincorporated areas of Kern County. The town ordinance required [e]very person responsible for an animal located within the City to ensure that such animal . 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. (Added by Stats.2019, c. 205 (S.B.245), 4, eff. Maines animal welfare law is structured in much the same way, although it requires an individual to feed an animal for ten consecutive days before she becomes a keeper and, by extension, an owner. 22-339d(a) (West 2001). A nongame mammal may not be taken or possessed except as provided in this code or in accordance with regulations adopted by the commission. Amended by Stats.2004, c. 253 (S.B.1301), 6. According to one source, the law in Texas prohibiting cruelty to animals did not specifically protect feral cats until 2007. 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. 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. Rather than feeding feral cats, its better to just adopt them directly. Its true that there are many individuals and organizations that are willing to help these defenseless animals. Only thirteen states and the District of Columbia have enacted statutes that mention feral cats, and none of those statutes directly address liability. It seems to me that Gosford and at least one of the other roads in between Highway 99 could have a bridge to cut down on backed-up traffic. Jan. 1, 2023.). Christman-Resch v. City of Akron , 825 N.E.2d 189, 676 n.1, 686 (Ohio Ct. App. As discussed below, this diminished level of control makes it difficult to determine how feral cat ownership should be determined in common law jurisdictions. 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. 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. Dec. 14, 2001) . Ctenocephalides felis, regularly infest dogs, cats and opossums in Southern California. Chapter 1. Nongame mammal defined; possession and taking; trapping for recreation or commerce; sale of raw fur. (2) 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 Section 31763. 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. These fines are for unneutered impounded animals only, and are not in lieu of any fines or impound fees imposed by any individual city, county, public animal control agency or shelter, society for the prevention of cruelty to animals shelter, or humane society shelter. 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. Nongame Mammals and Depredators. Holding period; owner redemption, 31755. At common law, the answer to this question is unclear. [d]oes not become a public nuisance, does not run at large, and [d]oes not defecate on the property of another . at 97374, 966. 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. Also, if feeding wild animals is prohibited and the law doesn't clearly define feral cats as domestic animals, it should be addressed. A non-domesticated mammalian predator shall include coyotes, raccoons, foxes, opossums, bears, mountain lions, and bobcats. (3) The deposit shall be temporary, and shall only be retained until the cat is healthy enough to be spayed or neutered, as certified by a veterinarian licensed to practice veterinary medicine in this state. 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. Amended by Stats.1985, c. 1290, 3. (c) 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. Which brings up another question: Is this rule enforced? 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. (4) Feral cats pose particular safety hazards for animal shelter employees. For purposes of this subdivision, raw fur has the same meaning as defined in Section 4005. Winds light and variable. Jan. 1, 2020; Stats.2022, c. 469 (S.B.856), 17, eff. 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