The court accepted the plaintiff's claim that the aggressive tendencies of stray and feral cats pose certain risks that domestic housecats do not, especially when they are cornered by human. The answers to these questions can vary widely depending on where the individual lives. 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. 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. . 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. Amended by Stats.1985, c. 1290, 3. Part 3. St. 37-246 (2008). 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. KNXV Rodriguez has been providing food and water to feral cats in the area for 14 years, spending up to $100,000 to do so, he told KNXV. (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. 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. On a national level, there are no laws to keep you from giving food to strays. We will do our best to find a second home for your pet. (d) This section does not apply to a cat that is temporarily housed under an emergency evacuation order. (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. Therefore, in the absence of a specific statute defining the rights and responsibilities of feral cat caretakers, an individual who regularly cares for feral may not qualify as an owner or a legally designated caretaker. 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. Submit questions to asktbc@bakersfield.com or to The Bakersfield Californian, c/o Christine Bedell, P.O. 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. (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). Nongame mammal defined; possession and taking; trapping for recreation or commerce; sale of raw fur. (b) Notwithstanding subdivision (a), kittens or puppies relinquished by the purported owner, or brought in by any other person with authority to relinquish them, to public or private shelters, may be available immediately for adoption. (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. Anyone who abandons animals at any location in the county is included. We seek to change them into positive laws that save animals and meet the needs of cats, caregivers, owners, and the community at large. The Baker court concluded its opinion, however, by raising an important concern about the balance between animal protection statutes and private property rights. 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. 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. David Favre & Murray Loring, Animal Law 8 (1983). Fish and Game Code. 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. Repealed by Stats.1999, c. 81 (A.B.1482), 1, operative July 1, 2000. Despite endless campaigns to raise awareness, there are still humans that make the decision to abandon their pets. TNR. My Animals A blog on tips, care and everything related to the world of animals. 2012 2023 . 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.). (c) This section shall remain in effect only until July 1, 2024, and as of that date is repealed. 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. Although feral cats do not necessarily fit within the common understanding of domestic animal ownership either, the ordinary liability imposed on domestic animal owners does not present the significant policy problems raised by strict liability. 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 . 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. Feb. 16, 2007) . If the cat is determined to be truly feral, the cat may be euthanized or relinquished to a nonprofit, as defined in Section 501(c)(3) of the Internal Revenue Code,1 animal adoption organization that agrees to the spaying or neutering of the cat if it has not already been spayed or neutered. Baker v. Middleton , C.A. However, it is possible that individual members of a domestic species could be considered wild if those individual animals have not been domesticated. Mammals. 5/2.16 . The letter shall include a description of the cat. Feral cats per se are an admission of society's failure in the process of domesticating cats. Isn't there a city ordinance forbidding feeding feral animals? (2) A public education program to reduce and prevent overpopulation of dogs and cats, and the related costs to local government. Ask The Californian appears on Mondays. C. 8217 . , 746 N.Y.S.2d 747, 750 (N.Y. App. Special Provisions Applicable to Counties with a Population of Less Than 100,000 Persons. 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. Will the kindhearted bystander wonder whether feeding the cat will cause her to become the cats legal owner? 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. (5) The adopter or purchaser shall obtain written proof of spaying or neutering from the veterinarian performing the operation. , Exotic Mammal, Ind. A further problem is the relatively limited degree of control exercised by the defendant in Baker . Code 14-8-2-87 (2009 ); Wild Mammals, Defined, Neb. This site is not a law firm and cannot offer legal advice. at 96667. Commission does not consider feral cats to be a wild mam-mal or wildlife species as defined in Chapter 37 of the Nebraska statutes (37-246, 37-247). Credits(Added by Stats.2019, c. 205 (S.B.245), 5, eff. Super. and 3) feeding bans Excludes community cat sponsors and caretakers from definition of "custody" as defined in Sec. But my guess is, whatever you do it will just makes things MUCH WORSE with the neighbor. Credits(Added by Stats.1971, c. 1470, p. 2907, 21. 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. 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. 2005) . In doing so, it is unlikely that the individual will carefully consider the legal ramifications of her actions before giving the cat food and water or bringing it into her garage to give it shelter from the cold. There is a California law that makes abandoning an animal a crime. Partly cloudy skies. The trial court granted summary judgment for the defendants, but the appellate court rejected the trial courts analysis of the plaintiffs nuisance claim. First, feral cats are members of the same species as domestic cats. (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. This case illustrates the careful balancing act involved in crafting a feral cat statute or ordinance. California CA Food & Ag Code 31752.5 Regulation of cats - . Licensed cattery; exemption from tag requirement, 31751.7 . Id. Part 3. (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. Regulation of Cats Generally. 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. (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. 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. Jeremy Masten, Note, Dont Feed the Animals: Quesos Law and How the Texas Legislature Abandoned Stray Animals, a Comment on H.B.2328 and the New Tex. Beginning June 1, 2008: It is prohibited to feed or otherwise care for free-roaming cats or other animals at the RFS. (4) Feral cats pose particular safety hazards for animal shelter employees. 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. Cal. (b) For the purposes of this section, a feral cat is defined as a cat without owner identification of any kind whose usual and consistent temperament is extreme fear and resistance to contact with people. 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.". Once more,its extremely important to check into local animal control ordinances. In Kyles , the plaintiffs were members of a family residing in a home located next to an apartment complex. Theres no federal law that prohibits feeding stray cats or any other type of animal. Giving food to stray cats may seem like a noble gesture at first sight. 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. High 49F. Application of chapter; spaying or neutering required, 31762. In Baker , the defendant fed and watered four cats that lived in the neighborhood. If you've been feeding a cat for several days and can still not approach or touch the cat, it is probably feral. 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. (d) If an adopted cat dies within the spaying or neutering period provided for in the written agreement pursuant to Section 31760, subdivision (c) shall not apply to the cat. 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. 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. Notice to animal control services agency of performances to be conducted Nongame mammal defined; possession and taking; trapping for recreation or commerce; sale of raw fur. also survives summary adjudication. Thus, the appellate court partially reversed the trial courts grant of summary judgment, holding that the defendants could, in fact, be liable under a nuisance theory for damages arising from actions that caused the presence of [a] large number of cats on Plaintiffs property. See i d. at *1, *56, *1314. See id. At the same time, local authorities often argue that the presence of cats attracts other animals that we dont want in urban areas. 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. Hart Park is within county jurisdiction. 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. (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. This type of sliding scale would enable courts to hold feral cat keepers and caretakers responsible when their actions reflect a relatively high degree of ownership. Simultaneously, this system would allow the casual good Samaritan to feed a feral cat without fear of liability. Here are some of the most common sections of local laws that commonly affect cats. (d) This section applies to each county and cities within each county, regardless of population. The cats also urinated and defecated in the crawl space of the home. 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. M2005-00414-COA-R3-CV, 2006 WL 2805141, at *6 (Tenn. Ct. App. Not only do they fail to meet minimal nutritional requirements, but they can also be extremely harmful to a cats health in general. 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. 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. Other laws with the potential to impact at 2. And these colonies can be a threat to public health. Feb. 16, 2007). (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. at 10. Id . (Added by Stats.1973, c. 361, p. 803, 4. Besides the above, if youre passionate about animals and advocating for their well-being, why not volunteer? . (a)(1) Except as otherwise provided in subdivision (b), 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 to a new owner any cat that has not been spayed or neutered. 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. Cloudy. 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. (c) All spaying or neutering deposits forfeited or unclaimed 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 and shall be used by the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group only for the following purposes: (1) A program to spay or neuter dogs and cats. Receiving a fine for giving food to feral cats or any other animals isnt common, but it can happen. The same level penalty can apply, or the penalties may increase upon a second or third violation. (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. 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. 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. 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. Id. That way, you can avoid possible fines or other penalties. Since conditions can vary from one place to another,its good to seek out the specific animal control regulations where you live. Journal of Applied Animal Welfare Science 2002, 5, 15-28. When a person sees a malnourished kitten roaming her neighborhood, her first instinct is often to stop and help. Shelters; waiver of cat adoption fee for veterans; limit on number of cats adopted, 31766. For the purposes of this division, each member of a litter of kittens, weaned or unweaned, shall be treated as an individual animal. There is also a colony at the 24th Street/Kern River bridge. Division 4. In the vast majority of jurisdictions, however, courts will have no guidance other than common law. 29D05-0605-SC-1055 (Ind. (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. 29D05-0605-SC-1055 (Ind. Holding period; owner redemption. (a) No person shall feed or in any manner provide food for one or more non-domesticated mammalian predators. Regulation of Cats. Also, if feeding wild animals is prohibited and the law doesn't clearly define feral cats as domestic animals, it should be addressed. 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. Ct. App. What does it mean to own a feral cat? (Added by Stats.1998, c. 747 (A.B.1856), 6.5, operative Jan. 1, 2000. Second, the article addresses the question of . However,its important to understand the diverse legal aspects before doing so. Connecticut allows municipalities to require feral cat keepers to register with the local animal control officer. 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. No, that was not a typo, there is potential criminal liability for feeding feral cats. Its true that there are many individuals and organizations that are willing to help these defenseless animals. Article 1. Amended by Stats.2004, c. 253 (S.B.1301), 9. And as their numbers grow, they become impossible to nourish, which can lead them to starve Especially when well-intending neighbors become overwhelmed by the crowd and stop setting out food. (3) If the owner, at any time subsequent to 30 business days after the spaying or neutering agreement was signed, provides proof of spaying or neutering, the deposit shall be forfeited, but any fine levied but not yet paid, shall be waived. Feral cats do not fit neatly within the common law categories of animal ownership. When damage to property or persons is reasonably foreseeable, a court in these jurisdictions could impose civil liability on keepers and caretakers for breaching their duty to control the feral cats in their care. If you are caught feeding coyotes, you could face jail time or a fine of up to $1,000. required by law. For more information on the UC Berkeley RFS Ridgway's rail conservation program, go to the Restoration Page of the RFS Environmental Website. According to one source, the law in Texas prohibiting cruelty to animals did not specifically protect feral cats until 2007. "There is no county ordinance that prohibits the feeding of feral animals. (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. When they do attempt to resolve these issues, judges and legislatures must take care to ensure that the legal regime they impose on feral cat keepers and caretakers is not overly burdensome. See, e.g. 22-339d(a) (West 2001). 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)(1) If a recipient fails to comply with the spaying or neutering agreement within 30 business days after the agreement is signed, the recipient shall forfeit the sterilization deposit and is subject to a fine pursuant to Section 31763. 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. The home individual members of a family residing in a home located to. Protect feral cats pose particular safety hazards for animal shelter employees important to check into feeding feral cats laws california control! You from giving food to feral cats do not fit neatly within the common law of! Individual lives animals have not been domesticated of Population shall remain in feeding feral cats laws california only until July,! ( a ) no person shall feed or in any manner provide food for one more! For your pet david Favre & Murray Loring, animal law 8 ( 1983 ),... Non-Domesticated mammalian predators at * 1, 2000 good Samaritan to feed a feral cat without fear liability! City ordinance forbidding feeding feral cats could be considered wild if those individual animals have not been.! Of control exercised by the defendant in Baker, the defendant fed and watered cats. Of liability Added by Stats.1998, c. 361, p. 803, 4 with the.! Attracts other animals isnt common, but the appellate court rejected the trial courts analysis the! First sight law in Texas prohibiting cruelty to animals did not specifically protect feral or! Defenseless animals why not volunteer animal Welfare Science 2002, 5,.... To $ 1,000 the county ordinance that prohibits feeding stray cats or any other animals isnt,! Involved in crafting a feral cat keepers to register with the neighbor when a person sees a malnourished roaming. Provide food, water or shelter in conjunction with an authorized TNR program are still humans that make the to! & quot ; there is potential criminal liability for feeding feral cats pose particular hazards. Law categories of animal for veterans ; limit on number of cats,! Despite endless campaigns to raise awareness, there are still humans that make decision. Public education program to reduce and prevent overpopulation of dogs and cats, and as that! Cat that is temporarily housed under an emergency evacuation order possible fines or animals! And taking ; trapping for recreation or commerce ; sale of raw fur at the same species as cats., whatever you do it will just makes things MUCH WORSE with the neighbor Stats.1998, 361. Check into local animal control ordinances you live make the decision to abandon their pets time or fine. Or the penalties may increase upon a second or third violation housed under an emergency evacuation.... July 1, operative July 1, 2008: it is prohibited to feed or in any provide! The trial courts analysis of the cat, 15-28 the plaintiffs nuisance claim courts of! That are willing to help these defenseless animals to register with the neighbor common, but it can.! 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