Although the plaintiffs attempted to trap the cats and bring them to animal control, the animal shelter ultimately told the plaintiffs that the shelter did not have room to house any more cats. Therefore, a notice requirement like that suggested by the Baker court would have to be drafted carefully to avoid creating a significant burden on potential feral cat caretakers. Regulation of Cats Generally. 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. Any extension shall be in writing. 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 rules in the city, we turned to Tammy Davis, animal control supervisor for the city of Bakersfield, who cited a section of code that defines prohibited activity in city parks. On a national level, there are no laws to keep you from giving food to strays. Ct. App. 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. TNR. Id. Ideally, more state and local legislatures should begin to address this complex and convoluted area of law. Any house cat (Felis domesticus) found within the limits of any fish and game refuge is a nongame mammal, unless it is in the residence of its owner or upon the grounds of the owner adjacent to such residence. 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. Under Virginia law, local governments may . Christman-Resch v. City of Akron , 825 N.E.2d 189, 676 n.1, 686 (Ohio Ct. App. 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. 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? Nongame Mammals. Feral cat is . Baker v. Middleton , C.A. 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. Could they be exposed to criminal liability for abandonment, neglect, or failure to comply with registration or spay/neuter requirements? at 26. 2023 Michigan State University College of Law. There are many other things you can do to contribute to the well-being of stray animals and your community in general. In this case, the city -- if the project ranked high enough and we received funding from the state -- would need on the order of $15 million in local funds for the project. 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. 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. 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. As noted in the feral cat discussion, some states have reduced the impoundment period for free-roaming cats. "If a temporary or permanent home cannot be found, owners can always bring their pet to any of the Kern County Animal Control shelters in Bakersfield, Mojave and Lake Isabella. at 98384, 98890. Cal. Traffic goes crazy when the train blocks Wible, Akers, Stein, Ashe, Gosford and so on. We'll tell you want you need to know. 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. 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. Ask The Californian appears on Mondays. 22-339d . 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). Control agencies, shelters, or rescue groups; spaying or neutering requirements. (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). Unfortunately, animal abandonment is a growing problem. There is no county law prohibiting the feeding of wild animals. (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). Anyone who abandons animals at any location in the county is included. There's no federal law that prohibits feeding stray cats or any other type of animal. 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. . to what extent can a caretaker be liable for tort damages caused by feral cats? No. Code 14-8-2-87 (2009. Local ordinances concerning the adoption or placement procedures of any animal shelter shall be at least as restrictive as this chapter. Dec. 14, 2001) . The caretaker in that case merely fed and watered the cats. 3.2-6500 . (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). I have been told that notched ears means the felines have been spayed or neutered. 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. Fish and Game Code. Amended by Stats.1977, c. 1208, p. 4083, 10; Stats.2015, c. 154 (A.B.1527), 72, eff. , 746 N.Y.S.2d 747, 750 (N.Y. App. required by law. Holding period for impounded cats, 31752.5 . (Added by Stats.1998, c. 747 (A.B.1856), 7, operative Jan. 1, 2000. 31760. (For further discussion of general issues pertaining to feral cats and feral cat colonies, see Anthony B. Lacroix, Feral Cats , Animal Legal & Hist. As discussed below, this diminished level of control makes it difficult to determine how feral cat ownership should be determined in common law jurisdictions. 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. Since conditions can vary from one place to another,its good to seek out the specific animal control regulations where you live. Therefore, feral cats do not quite fit within the common understanding of domestic cat ownership. 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. 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. However, it's important to look into the local laws where you live, including laws that may apply to your specific community or neighborhood. 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. Legislative findings and declarations, 31753 . Journal of Applied Animal Welfare Science 2002, 5, 15-28. 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. Ct. App. (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. Keepers and caretakers provide a valuable service, and the law should not discourage these individuals from caring for animals in need. I suspect that people have been abandoning strays knowing that they would be fed. 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. You have permission to edit this article. 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. 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. Article 8. (Added by Stats.1998, c. 747 (A.B.1856), 8, operative Jan. 1, 2000.). 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. First, feral cats are members of the same species as domestic cats. 29D05-0605-SC-1055 (Ind. (Added by Stats.2019, c. 205 (S.B.245), 4, eff. In another case, a New York state trial court held that a store owner could be liable for personal injuries caused by a stray or feral cat in the store. "Historically, the city has received about $5 million for each project through this program. However, you may be surprised to find out that experts advise against the practice of feeding feral animals. 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. If she moves to a new neighborhood, might she be held criminally liable for abandoning the cat she once cared for? This may reflect the legislatures intent to solve the problem of discouraging good Samaritans. Theres no federal law that prohibits feeding stray cats or any other type of animal. 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. Further, the statute provides that any refusal to permit any animal control officer to impound such cat shall be deemed evidence of ownership . Their presence increases hygiene and health problems which are already an issue for society. 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. (2) Receives from the recipient a sterilization deposit of not less than forty dollars ($40) and not more than seventy-five dollars ($75), the terms of which are part of the written agreement executed by the recipient under this section. . 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. (4) The cat shall be spayed or neutered within 14 business days of that certification. There is also a colony at the 24th Street/Kern River bridge. (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. 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. 964, 97374 (Fall 2008) . 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. Shelters; waiver of cat adoption fee for veterans; limit on number of cats adopted, 31766. at 2. Amended by Stats.2004, c. 253 (S.B.1301), 7.). 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 . 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) For purposes of subparagraph (B) of paragraph (1), an owner reclaiming a cat or new owner receiving a cat is not required to register the cat's microchip number with a microchip registry company that will use, without the owner's or new owner's consent, the personal information of the owner or new owner for purposes other than to reunite the owner or new owner with the cat. (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. (d) Any funds from unclaimed deposits made pursuant to this section, as it read on January 1, 1999, and any funds from deposits unclaimed after January 1, 2000, may be expended only for programs to spay or neuter cats and dogs, including agreements with a society for the prevention of cruelty to animals or a humane society or licensed veterinarian, to operate a program to spay or neuter cats and dogs. No. 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 These laws should apply to all cats, not just owned, family animals. Jan. 1, 2023.). No, that was not a typo, there is potential criminal liability for feeding feral cats. 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. Partly cloudy skies. Whenever a city or county requires cat license tags, any such 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. (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. (e) 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. 3 Del. (c) This section shall become operative on July 1, 2002. Chapter 1. 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. (c) Notwithstanding Section 31752, if an apparently feral cat has not been reclaimed by its owner or caretaker within the first three days of the required holding period, animal shelter personnel qualified to verify the temperament of the animal shall verify whether it is feral or tame by using a standardized protocol. 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