2, 2007) (pdf file - 628.01 KB). (Added by Stats.1998, c. 747 (A.B.1856), 7, operative Jan. 1, 2000. You have permission to edit this article. 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. Center (2006)) . Chapter 1. Ct. App. ), 31754. 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. 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. Nongame mammal defined; possession and taking; trapping for recreation or commerce; sale of raw fur. It reads, in part, that "it is unlawful for any person" to "purposely or knowingly, in any manner, provide access to food, feed or bait to any wild animal, including, but not limited to, coyotes, deer, squirrels, feral cats, foxes, raccoons, skunks, waterfowl, birds or beavers.". 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. (2) Feral cats are cats with temperaments that are completely unsocialized, although frightened or injured tame pet cats may appear to be feral. West's Annotated California Codes. 31760. 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. 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. C. G. S. A. Part 3. Neutering of feral cats as an alternative to eradication programs. Also, if feeding wild animals is prohibited and the law doesn't clearly define feral cats as domestic animals, it should be addressed. 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. Generally, the state laws that do address these issues do not create substantive guidelines. Jan. 1, 2021. On a national level, there are no laws to keep you from giving food to strays. (d) This section applies to each county and cities within each county, regardless of population. The trial court granted summary judgment for the defendants, but the appellate court rejected the trial courts analysis of the plaintiffs nuisance claim. 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. 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. Nongame Mammals and Depredators. Submit questions to asktbc@bakersfield.com or to The Bakersfield Californian, c/o Christine Bedell, P.O. Keep reading to discover more information on this issue and why its such a problem. Article 8. Id. Please log in, or sign up for a new account to continue reading. (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. The deposit shall be temporary, and shall be retained only until the cat is healthy enough to be spayed or neutered as certified by a veterinarian licensed to practice veterinary medicine in this state. The Baker court concluded its opinion, however, by raising an important concern about the balance between animal protection statutes and private property rights. 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. California CA Food & Ag Code 31752.5 Regulation of cats - . Select from the 0 categories from which you would like to receive articles. 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 . (3) An agency, shelter, or group that does not have microchipping capability on location is not subject to the civil penalty described in this subdivision upon obtaining the agreement described in subparagraph (B) of paragraph (1) of subdivision (a). Landowners' rights and responsibili-ties regarding the management of feral cats will continue Theres no federal law that prohibits feeding stray cats or any other type of animal. 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 entity shall establish the amount of the deposit at the level it determines is necessary to encourage the spaying or neutering of cats. 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. There are several reasons behind it being a bad ideaand sometimes illegalto feed strays. 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. (Added by Stats.1998, c. 747 (A.B.1856), 8, operative Jan. 1, 2000.). 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. Code 14-8-2-87 (2009 ); Wild Mammals, Defined, Neb. Don't try to handle a feral cat. (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. . (Added by Stats.1998, c. 752 (S.B.1785), 15. It is possible, then, that individuals who care for feral cats in these jurisdictions would not be required to comply with any of the requirements imposed on animal owners, nor would they be liable for any damages caused by the animals behavior. Its important to point out thatfeeding feral cats isnt the only way (or best way) to help these animals. Animal Cruelty. 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. That wouldn't really do any good because all of the crossings would be blocked. The cat shall be spayed or neutered within 14 business days of that certification. Nongame Mammals. Code 14-8-2-87 (2009. First, how does feeding feral cats negatively impact the community? 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. Their presence increases hygiene and health problems which are already an issue for society. (c) This section shall become operative on July 1, 2002. Unfortunately, the answers to these questions are unclear and depend heavily on the local law. 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. (b) 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 subdivision (a). The town ordinance required [e]very person responsible for an animal located within the City to ensure that such animal . Thank you for reading! 6.1.703 Removal of animal from City. (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. H028774, 2007 WL 495897 (Cal. Under this regime, if a keeper or caretaker has given a feral cat food and water every day for several years and has provided the animal with periodic veterinary care, that person is more likely to be viewed as an ownerand subject to liabilitythan a person who has merely fed a feral cat once a day for six months. required by law. After registering with the municipality, the feral cat keeper must vaccinate and sterilize the cats in her care. 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. Holding period for impounded cats, 31752.5 . And a feral cat, generally speaking, is less likely to be tame than a domestic housecat. The first problem is the question of whether feral cats are wild or domestic animals. What, then, is the answer to the question of whether feral cat keepers and caretakers are the animals' owners? 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. . Birds and Mammals. Jan. 1, 2020; Stats.2022, c. 469 (S.B.856), 17, eff. The Tennessee Court of Appeals recently held that a cat's owner did not owe a duty to prevent her cat from trespassing on her neighbor's property. 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. Ct. Mar. Spayed or neutered cats; reduction in fee, 31751.6 . Failure to comply with spaying or neutering agreements; forfeitures and fines; extensions of time, 31763. 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. However, there are some communities were doing so is illegal. 964 (Fall 2008) . (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. Not only do they fail to meet minimal nutritional requirements, but they can also be extremely harmful to a cats health in general. Is she subject to other ownership requirements, such as ordinances requiring registration or sterilization? Amended by Stats.1957, c. 1972, p. 3520, 47; Stats.1971, c. 1470, p. 2908, 22.). Could they be exposed to criminal liability for abandonment, neglect, or failure to comply with registration or spay/neuter requirements? Rather, the cases look closely at evidence of ownership to determine whether the keeper or caretaker should be subject to liability. Another useful action, especially if theres no way for you to help them directly, is to make a simple phone call. 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. Cloudy. 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