76-9-301 . (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. Further, the statute provides that any refusal to permit any animal control officer to impound such cat shall be deemed evidence of ownership . If you are caught feeding coyotes, you could face jail time or a fine of up to $1,000. (Formerly 31751, added by Stats.1970, c. 1303, p. 1303, 1. , Exotic Mammal, Ind. (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. These statutes comprise California consolidated cat laws. . The entity shall establish the amount of the deposit at the level it determines is necessary to encourage the spaying or neutering of cats. Code 14-8-2-87 (2009. The cat shall be spayed or neutered within 14 business days of that certification. 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. 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. No. 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. Nonspayed or unneutered cats; fines. . (5) The adopter or purchaser shall obtain written proof of spaying or neutering from the veterinarian performing the operation. (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. (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. 22-339d(a) (West 2001). . 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. 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. 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. If she moves to a new neighborhood, might she be held criminally liable for abandoning the cat she once cared for? 3.2-6524(B) . (Added by Stats.2000, c. 567 (A.B.2754), 4. Since conditions can vary from one place to another,its good to seek out the specific animal control regulations where you live. Special Provisions Applicable to Counties with a Population of Less Than 100,000 Persons. The court found that the total amount of damage caused by the cats to the plaintiff's property was approximately $2000. (c) This section shall become operative on July 1, 2002. The statute further defines keepers as owners. Id. 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 family brought suit against the apartment complex, the city, the county, and the garbage disposal company servicing the apartment complex, alleging, among other things, that attracting the cats constituted a nuisance. 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. Amended by Stats.2004, c. 253 (S.B.1301), 7.). Amended by Stats.1977, c. 1208, p. 4083, 10; Stats.2015, c. 154 (A.B.1527), 72, eff. 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. (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. See David Favre & Murray Loring, Animal Law 7 (1983); see also Eyrich v. Earl , 495 A.2d 1375, 1377 (N.J.Super. Chapter 2. Article 8. Amended by Stats.2019, c. 7 (A.B.1553), 9, eff. "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. (a) No person shall feed or in any manner provide food for one or more non-domesticated mammalian predators. Beginning June 1, 2008: It is prohibited to feed or otherwise care for free-roaming cats or other animals at the RFS. (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. Anyone who abandons animals at any location in the county is included. "Such a project would cost on the order of $20 million. The city of Gilbert passed an ordinance in 2018 banning residents from feeding feral cats. Similarly, some states classify feral cat caretakers as owners and further require owners to spay and neuter their pets or immunize them against rabies. "Based on the city's experience in submitting applications for other grade separation projects, an application for a grade separation on any of the streets crossing the railroad in southwest Bakersfield would rank low on the state's list. . Generally, the state laws that do address these issues do not create substantive guidelines. 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. Second, keepers and caretakers do not exercise the level of control over feral cats that owners of wild animals exercise over those animals. 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.". 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.). Will she attempt to prevent the cat from trespassing on her neighbors property or bringing other cats to the neighborhood? Id. (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. (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. It could be foreseeable, then, that a stray or feral cat in a store could injure customers who came on the premises. What do we need to keep in mind? Rather, they typically authorize local governments to enact their own ordinances. 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. When a person sees a malnourished kitten roaming her neighborhood, her first instinct is often to stop and help. St. 37-246 (2008). David Favre & Murray Loring, Animal Law 8 (1983). Legislative findings and declarations, 31753 . This article addresses three primary legal questions. The possibility of criminal penalties could serve as a significant deterrent to potential feral cat caretakers, thereby undercutting the statutes purpose of promoting the welfare of feral animals. This rationale is less persuasive when applied to feral cats for two reasons. In this section a "keeper" includes any person or organization regularly feeding a feral cat. Journal of Applied Animal Welfare Science 2002, 5, 15-28. See David Favre & Murray Loring, Animal Law 7 (1983) . A further problem is the relatively limited degree of control exercised by the defendant in Baker . . 964 (Fall 2008) . 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. These cats damaged the plaintiffs home, destroying insulation, a vapor barrier, and duct work. The court further noted that the county ordinance appears to contemplate and accept the possibility that feral cats, once altered, will be returned to the colonies from which they were captured. Illinois explicitly exempts feral cat caretakers from its definition of animal ownership, as long as the caretaker is participating in an authorized trap-neuter-release program (TNR program). 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. 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. Holding period for impounded cats, (Added by Stats.1980, c. 1060, p. 3397, 2. These important distinctions would explain why some states have specifically excluded feral cats from their statutory definitions of exotic or wild animals. 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. 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. 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. (Added by Stats.1973, c. 361, p. 802, 3. Is she subject to other ownership requirements, such as ordinances requiring registration or sterilization? (For further discussion of general issues pertaining to feral cats and feral cat colonies, see Anthony B. Lacroix, Feral Cats , Animal Legal & Hist. What, then, is the answer to the question of whether feral cat keepers and caretakers are the animals' owners? 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. One commentator who has analyzed the issue in Texas raised the possibility that an individual who cares for a feral cat could be held criminally liable for abandonment if that individual ceased to provide the cat with food and water or failed to pay for the cats necessary medical treatment. Penal Code 42.092 , 60 Baylor L. Rev. Since 2006, Los Angeles and Orange Counties have had 122 reported human cases of this disease; all but one of the cases . 3.2-6500 . (e) No city or county, society for the prevention of cruelty to animals, or humane society is subject to any civil action by the owner of a cat that is spayed or neutered in accordance with this section. 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. (Added by Stats.1973, c. 361, p. 803, 4. However, it's important to look into the local laws where you live, including laws that may apply to your specific community or neighborhood. At least one other state, however, has taken a different approach. 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. Chapter 1. Chapter 3. (a) A mammal occurring naturally in California that is not a game mammal, fully protected mammal, or fur-bearing mammal is a nongame mammal. Animal Cruelty. Thank you for reading! Restatement (Third) of Torts: Physical and Emotional Harm. Determining when a feral cat caretaker may be criminally liable is a complex issue that has not been extensively addressed. Feral domestic cats would almost certainly not be considered wild animals, since domestic cats have, by definition, been generally domesticated and are generally unlikely to cause personal injury. 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. Partly cloudy skies. 31750. Not only do they fail to meet minimal nutritional requirements, but they can also be extremely harmful to a cats health in general. , No. Whats more, feeding strays attracts even more cats to the immediate area. The letter shall include a description of the cat. "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. Ideally, more state and local legislatures should begin to address this complex and convoluted area of law. There is a small fee to turn in your pet, $20 to help cover some of the cost of feeding and caring for your pet including vaccines if they are not up-to-date. For the purposes of this division, each member of a litter of kittens, weaned or unweaned, shall be treated as an individual animal. Theres no federal law that prohibits feeding stray cats or any other type of animal. 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. Nongame mammal defined; possession and taking; trapping for recreation or commerce; sale of raw fur. 2, 2007) (pdf file - 628.01 KB). 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. 6.1.701 Prohibition on harboring animals which make excessive noise. Rather, the cases look closely at evidence of ownership to determine whether the keeper or caretaker should be subject to liability. You have permission to edit this article. 2, 2007) (pdf file - 628.01 KB). 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 The reasoning in these cases could be applied to feral cat keepers in caretakers in jurisdictions that consider keepers and caretakers to be owners. (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. These cats breed, multiply, fight, and spread diseases to one another. (2) Chapter 7 (commencing with Section 31401) of Division 14 and Section 9 do not apply to a violation of this section. (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. Food & Agric. "I would say no, because I've never even had the complaint," Davis said. The plaintiff argued that a town ordinance and a county ordinance independently imposed a duty on the defendant to control the cats and prevent them from damaging the plaintiff's property. 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. (c) This section shall remain in effect only until July 1, 2024, and as of that date is repealed. ), 31754. (B) If the agency, shelter, or group does not have microchipping capability on location, the agency, shelter, or group first obtains from the owner reclaiming the cat or new owner receiving the cat an agreement that requires the owner or new owner to present to the agency, shelter, or group, within the next 30 days, proof that the cat is microchipped as described in subparagraph (A). RI ST 4-24-3 . 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Until then, however, only the courts can provide clearer guidance for keepers and caretakers in common law jurisdictions. Holding period; owner redemption, 31755. 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. Plum officials have enacted a new law in order to discourage residents from taking care of feral cats. Shelters; waiver of cat adoption fee for veterans; limit on number of cats adopted, 31751.5 . Credits(Added by Stats.1971, c. 1470, p. 2907, 21. Although the Baylor Law Review article and the Indiana Superior Court case suggest that a court may not hold caretakers responsible for the behavior of feral cats, the case law on this issue is nearly nonexistent. 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