2023 Michigan State University College of Law. Amended by Stats.2019, c. 7 (A.B.1553), 9, eff. 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). 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. "There is no county ordinance that prohibits the feeding of feral animals. Legislative findings and declarations. Kyles v. Great Oaks Interests , No. Don't try to handle a feral cat. The entity shall establish the amount of the deposit at the level it determines is necessary to encourage the spaying or neutering of cats. There are many other things you can do to contribute to the well-being of stray animals and your community in general. 2, 2007) (pdf file - 628.01 KB). With some exceptions, cats are required to be held for six days, pending retrieval by their owners or adoption by the . 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. Under Virginia law, local governments may . Is she subject to other ownership requirements, such as ordinances requiring registration or sterilization? Rev. 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. (2) Feral cats are cats with temperaments that are completely unsocialized, although frightened or injured tame pet cats may appear to be feral. (d) This section applies to each county and cities within each county, regardless of population. Drop off is between 9-9:30am Tuesday-Friday only. (Added by Stats.1998, c. 752 (S.B.1785), 16.5, operative July 1, 2001. The court did not, however, address the question of whether a feral cat caretaker could be held criminally liable under the ordinancea distinct possibility, given the ordinances broad definition of ownership. ), 31751.5. In the vast majority of jurisdictions, however, courts will have no guidance other than common law. Also, if feeding wild animals is prohibited and the law doesn't clearly define feral cats as domestic animals, it should be addressed. The statute further defines keepers as owners. Id. Spayed or neutered cats; reduction in fee, 31751.6 . (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. Nongame Mammals and Depredators. Second, the article addresses the question of whether feral cat keepers or caretakers can be held civilly liable for the actions of feral cats. to what extent can a caretaker be liable for tort damages caused by feral cats? Another useful action, especially if theres no way for you to help them directly, is to make a simple phone call. 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. (d) A public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group may transfer to a new owner a cat that has not been spayed or neutered only if the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group does both of the following: (1) Requires a written agreement, executed by the recipient, acknowledging the cat is not spayed or neutered and the recipient agrees in writing to be responsible for ensuring the cat will be spayed or neutered within 30 business days after the agreement is signed. 4150 . Neutering of feral cats as an alternative to eradication programs. 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. 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. 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. 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. Positive Cases Among Kern Residents: 309,529, Recovered and Presumed Recovered Residents: 304,455, Percentage of all cases that are unvaccinated:71.13, Percentage of all hospitalizations that are unvaccinated:83.13, Source: Kern County Public Health Services Department. The most significant responsibility would be the imposition of strict liability on keepers and caretakers of feral cats in jurisdictions where keepers and caretakers are considered owners. See Restatement (Third) of Torts: Physical and Emotional Harm 22(a) (2005). 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. See David Favre & Murray Loring, Animal Law 7 (1983) . The letter shall include a description of the cat. 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 . Ann. This rationale is less persuasive when applied to feral cats for two reasons. 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. Feeding strays isnt just an issue about the health and comfort of the citizens of a community. Is it legal to feed feral cats in California? This case illustrates the careful balancing act involved in crafting a feral cat statute or ordinance. Amended by Stats.1957, c. 1972, p. 3520, 47; Stats.1971, c. 1470, p. 2908, 22.). [d]oes not become a public nuisance, does not run at large, and [d]oes not defecate on the property of another . 76-9-301 . 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. However, it's important to look into the local laws where you live, including laws that may apply to your specific community or neighborhood. The problem is the train crossings, the only place you can cross when a train is blocking the tracks is Highway 99. What's the city's plan on doing about the growing problem at hand? 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. And a feral cat, generally speaking, is less likely to be tame than a domestic housecat. "Such a project would cost on the order of $20 million. "There is a California law that prohibits the abandonment of animals PC 597s (a): 'Every person who willfully. (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. The fact that classifying feral cats as wild animals would expose feral cat caretakers to strict liability would probably make a court less likely to find a feral cat to be a wild animal. Division 14.5. "The application includes ranking the existing at-grade crossing on a formula that considers several aspects of the existing crossing. To ameliorate this problem, several states have enacted laws that modify this common law view of ownership and enable local governments to impose specific requirements on keepers and caretakers of feral cats. 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. 3.2-6587(A)(2 ). The trial court granted summary judgment for the defendants, but the appellate court rejected the trial courts analysis of the plaintiffs nuisance claim. 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). RI ST 4-22-2 . The court went on to reject two alternative theories of negligence proffered by the plaintiff. Keep reading to discover more information on this issue and why its such a problem. 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. Credits(Added by Stats.2019, c. 205 (S.B.245), 5, eff. 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. Beginning June 1, 2008: It is prohibited to feed or otherwise care for free-roaming cats or other animals at the RFS. Special Provisions Applicable to Counties with a Population of Less Than 100,000 Persons. Community cat spay/neuter surgeries are performed Tuesday-Friday by appointment. What do we need to keep in mind? And these colonies can be a threat to public health. Maines animal welfare law is structured in much the same way, although it requires an individual to feed an animal for ten consecutive days before she becomes a keeper and, by extension, an owner. There are several reasons behind it being a bad ideaand sometimes illegalto feed strays. (a) Except as provided in Section 17006, any animal relinquished by the purported owner that is of a species impounded by public or private shelters shall be held for the same holding periods, with the same requirements of care, applicable to stray dogs and cats in Sections 31108 and 31752, and shall be available for owner redemption or adoption for the entire holding period. , 746 N.Y.S.2d 747, 750 (N.Y. App. Despite endless campaigns to raise awareness, there are still humans that make the decision to abandon their pets. No. Therefore, feral cats do not quite fit within the common understanding of domestic cat ownership. Further, the cases that do exist have been based on specific local laws, making it more difficult to determine what a judge might do in the absence of such a statute. 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. (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. 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. So while feral cats are part of a domesticated species, it is possible that a court might find that specific feral cats qualify as wild animals, which would subject their owners and keepers to different requirements than owners and keepers of domestic cats. Credits(Added by Stats.1971, c. 1470, p. 2907, 21. Licensed cattery; exemption from tag requirement. (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. 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. 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. The plaintiff argued that the store owner was liable under a common law negligence theory for breaching his duty to provide a safe environment for customers. 3907 . 29D05-0605-SC-1055 (Ind. Not only do they fail to meet minimal nutritional requirements, but they can also be extremely harmful to a cats health in general. 31750. Given the status of feral cats as companion animals, anyone who provides food, water, or shelter to a feral cat would almost certainly fall under Virginias definition of an owner.. 2, 2007) (pdf file - 628.01 KB). In that sense, they are unlikely to pose a serious threat to humans, and any risk that they do pose is likely to be understood by the general public. Chapter 1. 6.1.702 Enforcement action. Could they be exposed to criminal liability for abandonment, neglect, or failure to comply with registration or spay/neuter requirements? (b) Except as otherwise provided in this chapter, 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 any cat that has not been spayed or neutered. Center (2006)) . 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. Rhode Island then allows local governments to implement permitting requirements for feral cat caretakers. Giving food to stray cats may seem like a noble gesture at first sight. Regulation of Cats. 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. 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. (d) This section does not apply to a cat that is temporarily housed under an emergency evacuation order. "Pets that are abandoned face the dangers of the elements, predators, other animals, vehicles and even humans. (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. 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. Control agencies, shelters, or rescue groups; spaying or neutering requirements, 31751.4. Application of chapter; spaying or neutering required, 31762. Which brings up another question: Is this rule enforced? . The answer to this question is likely to depend on the degree of control that the individual exercises over the cats. Division 4. Under the Texas Animal Health and Safety Code, "custody" includes responsibility for the health, safety, and . . The cat shall be spayed or neutered within 14 business days of that certification. , Exotic Mammal, Ind. Division 4. Based on these unique risks, the court articulated a limited exception to the general rule that the negligence standard does not apply to injuries caused by domestic animals, holding that the store owner could be liable for failing to maintain safe premises for his customers. All cats, friendly or feral/unsocial, brought in for participation in the CCAS Community Cat Program must be in a trap, one cat per trap. 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. (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. Unfortunately, animal abandonment is a growing problem. Chapter 2. 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 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. (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. (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. Repealed by Stats.2004, c. 253 (S.B.1301), 10, 4150. 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. 7 M.R.S.A. Ct. App. As noted in the feral cat discussion, some states have reduced the impoundment period for free-roaming cats. (c) This section shall remain in effect only until July 1, 2024, and as of that date is repealed. In this section a "keeper" includes any person or organization regularly feeding a feral cat. 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. 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. 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. My Animals A blog on tips, care and everything related to the world of animals. 2012 2023 . (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. 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. 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. Detailed Discussion of Feral Cat Legal Issues. Council voted 6-0 last Wednesday night to pass an ordinance that makes it illegal for anyone . Part 3. An estimated 10-12% of the American public feed community cats. Feeding feral cats can not only have a negative impact on the environment and create health issues, it can also lead to potential criminal liability to the individual doing the feeding. That way, you can avoid possible fines or other penalties. 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 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. If you are caught feeding coyotes, you could face jail time or a fine of up to $1,000. , No. 3.2-6524(B) . See id. McElroy v. Carter , No. 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. 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. See id. 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. Low 34F. 6.1.802 Authority to arrest and to issue notices to appear. (3) An agency, shelter, or group may require proof that the cat is microchipped pursuant to paragraph (1) before releasing, adopting out, selling, or giving away the cat. Special Provisions Applicable to Counties with a Population of Less Than 100,000 Persons. 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. (2) Chapter 7 (commencing with Section 31401) of Division 14 and Section 9 do not apply to a violation of this section. 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. All rights reserved. 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. If the animal ends up suffering or passing away due to conditions related to the abandonment, the animal owner could face even more serious charges. We will do our best to find a second home for your pet. 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