Article 1. In Kyles , the plaintiffs were members of a family residing in a home located next to an apartment complex. The city of Gilbert passed an ordinance in 2018 banning residents from feeding feral cats. 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. . Any licensed cattery may be exempted pursuant to regulation or ordinance from any requirement to obtain a license tag for each cat within the cattery. 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. Code 14-8-2-87 (2009 ); Wild Mammals, Defined, Neb. Notice to animal control services agency of performances to be conducted Ideally, more state and local legislatures should begin to address this complex and convoluted area of law. 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. And a feral cat, generally speaking, is less likely to be tame than a domestic housecat. 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. The adopter or purchaser shall obtain written proof of spaying or neutering from the veterinarian performing the operation. Food and Agricultural Code (Formerly Agricultural Code). The public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group shall not be registered with a microchip registry company as the primary owner of the cat. Similarly, Kentucky has enacted a statute that states, [a]ny person with feral cats on his premises shall make a reasonable effort to capture or vaccinate the cats. KY ST 258.015 . Besides the above, if youre passionate about animals and advocating for their well-being, why not volunteer? A wild animal is an animal that belongs to a category of animals that have not been generally domesticated and that are likely, unless restrained, to cause personal injury. Restatement (Third) of Torts: Physical and Emotional Harm 22(b) (2005) . (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. As discussed above, feral cats do not fit neatly within the common law of animal ownership. Division 14.5. False information regarding spaying or neutering; civil penalties; use of funds from penalties, 31764. (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). (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 Ann. 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. The Baker court concluded its opinion, however, by raising an important concern about the balance between animal protection statutes and private property rights. 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. 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. "One of the reasons that we see so many pets that are lost and looking for a new home is because too many pets are not spayed and neutered. at 74850. 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Penal Code 42.092 , 60 Baylor L. Rev. Application of chapter; spaying or neutering required, 31762. (Added by Stats.1998, c. 747 (A.B.1856), 6.5, operative Jan. 1, 2000. Pickup is the same day beginning at 3:30-4:00p.m. Part 3. 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. 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. Nongame Mammals and Depredators. Amended by Stats.2022, c. 549 (A.B.2723), 2, eff. (2) An action for a penalty proposed under this section may be commenced by the administrator of the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group from which the recipient obtained the animal that is the subject of the violation in a court of competent jurisdiction. Nonspayed or unneutered cats; fines. Thank you for reading! . Id. With some exceptions, cats are required to be held for six days, pending retrieval by their owners or adoption by the . So we would have to come up with the remaining money necessary to fund the project. The limited funding that the state has is then appropriated to the top ranking projects. The many feral cats in Hart Park never seem to be lacking for food with many going to the park on a regular basis volunteering their time and expenses to feed the cats. There is also a colony at the 24th Street/Kern River bridge. Id. 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). (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. "Such a project would cost on the order of $20 million. 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, humane society shelter, or rescue group. Since 2006, Los Angeles and Orange Counties have had 122 reported human cases of this disease; all but one of the cases . Beginning June 1, 2008: It is prohibited to feed or otherwise care for free-roaming cats or other animals at the RFS. . . 964 (Fall 2008) . 7 M.R.S.A. See generally 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. , No. 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. Theres no federal law that prohibits feeding stray cats or any other type of animal. Rhode Island then allows local governments to implement permitting requirements for feral cat caretakers. Credits(Added by Stats.1971, c. 1470, p. 2907, 21. Ensuring animals are sterilized prior to entering the community ensures that they will not contribute to the existing dog and cat population. 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.". Div. M2005-00414-COA-R3-CV, 2006 WL 2805141, at *6 (Tenn. Ct. App. However, its important to look into the local laws where you live, including laws that may apply to your specific community or neighborhood. There's no federal law that prohibits feeding stray cats or any other type of animal. (2)(A) Notwithstanding paragraph (1), a kitten under eight weeks of age that is reasonably believed to be unowned may be available immediately for adoption beginning on the day on which the kitten is seized, taken up, or impounded, through the entire holding period. 2, 2007) (pdf file - 628.01 KB). Super. Relying on testimony from the director of Indy Feral, a local organization that works with feral cat colonies, the court found that feral cats will stay with their colonies in a specific location regardless of whether they are fed and watered. 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. (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. The cats also urinated and defecated in the crawl space of the home. 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. Alley Cat Allies supports laws mandating that animal pounds and shelters spay or neuter impounded animals prior to releasing them to an adopter. See David Favre & Murray Loring, Animal Law 2125 (1983) . Feral cats per se are an admission of society's failure in the process of domesticating cats. In Fiori , a customer sued a store owner after the customer was attacked by a cat that had taken up residence in the store and was being fed by store employees. This rationale is less persuasive when applied to feral cats for two reasons. Id. 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. Cases are scarce, and the cases that do exist are unpublished and highly fact-specific. However, it's important to look into the local laws where you live, including laws that may apply to your specific community or neighborhood. Jan. 1, 2019; Stats.2019, c. 8 (A.B.1565), 1, eff. My Animals A blog on tips, care and everything related to the world of animals. 2012 2023 . 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. First, the plaintiff argued that the defendant was responsible for the damage caused by the cats because the defendant returned the altered cats to the plaintiff's neighborhood with the knowledge that the cats would likely return to the plaintiffs home. Receiving a fine for giving food to feral cats or any other animals isnt common, but it can happen. 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. (a) A public animal shelter shall not charge an adoption fee for a cat if the person adopting the cat presents to the public animal shelter a current and valid driver's license or identification card with the word VETERAN printed on its face pursuant to Section 12811 of the Vehicle Code. (5) The adopter or purchaser shall obtain written proof of spaying or neutering from the veterinarian performing the operation. Further, feral cat caretakers in these jurisdictions may have a difficult time protecting feral cat colonies from animal control agencies and the actions of private citizens. 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. ), 31753. 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. 6.1.702 Enforcement action. Rather, they typically authorize local governments to enact their own ordinances. ), 31752.5. "I would say no, because I've never even had the complaint," Davis said. 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. 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. Jan. 1, 2023.). 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. Consequently, feral cats do not fall under any authority or jurisdiction within our public institutions. Jan. 1, 2020. 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. 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. Enforcement 6.1.801 Entry on premises to seize and impound animals. (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. 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. Chapter 2. Many state and local governments have not directly addressed the issues of ownership and responsibility related to feral cats. (3) Some people care for or own feral cats. (Added by Stats.1998, c. 747 (A.B.1856), 7, operative Jan. 1, 2000. 22-339d . (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. Will the kindhearted bystander wonder whether feeding the cat will cause her to become the cats legal owner? (2) A deposit that is both of the following: (A) Refundable to the recipient if proof of spaying or neutering of the cat is presented to the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group not more than 30 business days after the date the cat is spayed or neutered. 2023 Michigan State University College of Law. "Pets that are abandoned face the dangers of the elements, predators, other animals, vehicles and even humans. 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. All rights reserved. (Added by Stats.1998, c. 752 (S.B.1785), 14. Therefore, the probability of the city receiving funding from the state is very low. Local ordinances; animal placement procedures, 31764.5. She did not provide shelter or veterinary care, and she never relocated or confined the animals. Repealed by Stats.1985, c. 1290, 2, 31751.3 . Special Provisions Applicable to Counties with a Population of Less Than 100,000 Persons. Spayed or neutered cats; reduction in fee. 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. , 746 N.Y.S.2d 747, 750 (N.Y. App. Fish and Game Code. Jan. 1, 2021. (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. 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. Nongame Mammals and Depredators. Jan. 1, 2016; Stats.2019, c. 216 (A.B.273), 12, eff. A non-domesticated mammalian predator shall include coyotes, raccoons, foxes, opossums, bears, mountain lions, and bobcats. Sept. 29, 2006) . 4150 . Ct. Mar. The public or private shelter may enter into cooperative agreements with any animal rescue or adoption organization. (b) A public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group may extend the date by which spaying or neutering is to be completed at its discretion for good cause shown. Why not volunteer local governments have not directly addressed the issues of ownership and responsibility related to world. 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