Feeding strays isnt just an issue about the health and comfort of the citizens of a community. "Pets that are abandoned face the dangers of the elements, predators, other animals, vehicles and even humans. Rev. Cal. Credits(Added by Stats.1971, c. 1470, p. 2907, 21. . Cases are scarce, and the cases that do exist are unpublished and highly fact-specific. (6) If the adopter or purchaser presents proof of spaying or neutering to the entity from which the cat was obtained within 30 business days of obtaining the proof, the adopter or purchaser shall receive a full refund of the deposit. Amended by Stats.2019, c. 7 (A.B.1553), 9, eff. . Dec. 14, 2001) . Its also something that can be harmful for the health of these animals themselves. In todays article, well tell you why feeding stray cats can be harmful and sometimes even illegal. Feb. 16, 2007). (d) This section applies to each county and cities within each county, regardless of population. Pickup is the same day beginning at 3:30-4:00p.m. TNR. 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. Id . First, feral cats are members of the same species as domestic cats. The court noted that there was evidence presented to the trial court that the defendants had caused a large number of cats to be attracted to the area and frequent Plaintiffs backyard, thereby interfering with the plaintiffs use and enjoyment of their property. Animal Cruelty. (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. Sept. 29, 2006) (holding that a domestic cat owner is not under a general duty to prevent property damage caused by the cat unless the damages were foreseeable). False information regarding spaying or neutering; civil penalties; use of funds from penalties, 31764. 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. It is important to note, however, that very few cases have addressed the issue of civil liability for feral cat keeping or caretaking. 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. Hughes, K.L. This list is not meant to be a comprehensive list of all laws impacting feral/community cats. Christman-Resch v. City of Akron , 825 N.E.2d 189, 676 n.1, 686 (Ohio Ct. App. (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. Is it legal to feed feral cats in California? Amended by Stats.2004, c. 253 (S.B.1301), 7.). Partly cloudy skies. 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. 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 animal shelter in the administration of the requirements of this division. Although, as in Virginia, there is no indication that ownership requirements are actively being imposed on feral cat caretakers, the possibility that this might occur under the current law further highlights the importance of cautiously drafting feral cat legislation. 4150 . It could be foreseeable, then, that a stray or feral cat in a store could injure customers who came on the premises. 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). Chapter 2. Feb. 16, 2007) . "The application includes ranking the existing at-grade crossing on a formula that considers several aspects of the existing crossing. This site is not a law firm and cannot offer legal advice. Amended by Stats.1999, c. 83 (S.B.966), 61; Stats.2000, c. 567 (A.B.2754), 5; Stats.2017, c. 740 (A.B.485), 1, eff. (Stats.1957, c. 456, p. 1382, 4151. Cloudy. (a) A mammal occurring naturally in California that is not a game mammal, fully protected mammal, or fur-bearing mammal is a nongame mammal. Amended by Stats.2004, c. 253 (S.B.1301), 9. 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. ; Slater, M.R. 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. At common law, the answer to this question is unclear. Owners of wild animals intentionally possess those animals, knowingly exposing themselves to the risks that a wild animals presence might pose to the local community. In Baker , the defendant fed and watered four cats that lived in the neighborhood. Ctenocephalides felis, regularly infest dogs, cats and opossums in Southern California. All rights reserved. McElroy v. Carter , No. Ct. App. 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. 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.". Division 4. (2) For the purposes of this section, a "rescue group" is a for-profit or not-for-profit entity, or a collaboration of individuals with at least one of its purposes being the sale or placement of cats that have been removed from a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, or humane shelter or that have been previously owned by any person other than the original breeder of that cat. The answers to these questions can vary widely depending on where the individual lives. Id. 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. 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. 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. (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. Many individuals are feeding the cats in two locations. Id. Despite endless campaigns to raise awareness, there are still humans that make the decision to abandon their pets. 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). 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. When a person sees a malnourished kitten roaming her neighborhood, her first instinct is often to stop and help. Control agencies, shelters, or rescue groups; spaying or neutering requirements. In states and local jurisdictions where caretakers or keepers of feral cats are considered owners, it is quite possible that a feral cat caretaker could be subject to tort liability for trespass and nuisance claims. 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. (2) 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 Section 31763. However, you may be surprised to find out that experts advise against the practice of feeding feral animals. And a feral cat, generally speaking, is less likely to be tame than a domestic housecat. (Added by Stats.1998, c. 752 (S.B.1785), 15. Article 1. Receiving a fine for giving food to feral cats or any other animals isnt common, but it can happen. (2) Chapter 7 (commencing with Section 31401) of Division 14 and Section 9 do not apply to a violation of this section. 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. 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. The trial court granted summary judgment for the defendants, but the appellate court rejected the trial courts analysis of the plaintiffs nuisance claim. at 2. Under the Texas Animal Health and Safety Code, "custody" includes responsibility for the health, safety, and . (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. (b) Notwithstanding any other provision of this code or regulations adopted pursuant to this code, it is unlawful for any person to trap any nongame mammal for purposes of recreation or commerce in fur. Birds and Mammals. Article 1. (c) This section shall become operative on July 1, 2002. Jan. 1, 2021. (4) Issues a check for insufficient funds for any spaying or neutering deposit required under this chapter. (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). (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. at 96667. Food and Agricultural Code (Formerly Agricultural Code). After registering with the municipality, the feral cat keeper must vaccinate and sterilize the cats in her care. See, e.g. Providing resources to facilitate these efforts, including educational materials and funding, will help ensure their success. In fact, only thirteen states and the District of Columbia have any laws that even mention feral cats ( California , Connecticut , Delaware , the District of Columbia , Illinois , Indiana , Kentucky , Maine , Nebraska , New York , Rhode Island , Texas , Vermont ,and Virginia ). In states that have not addressed feral cats in their laws, to what extent can a caretaker be liable for tort damages caused by feral cats? However, its important to look into the local laws where you live, including laws that may apply to your specific community or neighborhood. What do we need to keep in mind? Concern for animal welfare is typically the driving force behind feral cat legislation, but it is important that animal welfare advocates adequately address the concerns of property owners who may be adversely affected by feral cat colonies. 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). 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. Simultaneously, this system would allow the casual good Samaritan to feed a feral cat without fear of liability. Food & Agric. (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. Hart Park is within county jurisdiction. (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 trial court granted summary judgment for the defendants, but the appellate court rejected the trial courts analysis of the plaintiffs nuisance claim. On a national level, there are no laws to keep you from giving food to strays. Generally, the period of retention for an owner to reclaim his or her pet is between 72 hours and ten days. In fact, the court noted that Indy Feral's website, offered as an exhibit by the defendant, states that feral cats will become an even greater nuisance if they are not fed on a regular basis, since this will require to the cats to forage for food. 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. 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. The court found that the total amount of damage caused by the cats to the plaintiff's property was approximately $2000. As discussed above, this varying degree of control over feral cats is why common law jurisdictions are likely to determine liability based on the amount of control that a particular keeper or caretaker has exercised. The city of Gilbert passed an ordinance in 2018 banning residents from feeding feral cats. "Such a project would cost on the order of $20 million. Detailed Discussion of Feral Cat Legal Issues. C. 8217 . (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. (c) 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). Zaunbrecher, K.I. (b) A public animal shelter may limit the number of cats adopted from that public animal shelter pursuant to this section to one cat each six-month period. We sometimes get stuck at the crossing for what seems like forever, and they do not split the train at 15 minutes to allow traffic through as they are supposed to, and one cannot always turn around in traffic. These important distinctions would explain why some states have specifically excluded feral cats from their statutory definitions of exotic or wild animals. 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. Connecticut allows municipalities to require feral cat keepers to register with the local animal control officer. Rather than feeding feral cats, its better to just adopt them directly. Ct. Mar. An animal is feral if it [e]xist[s] in a wild or untamed state, either naturally or having returned to such a state from domestication. The American Heritage Science Dictionary (Houghton Mifflin 2002). (2) A kitten under eight weeks of age that is reasonably believed to be unowned and is impounded in a public or private shelter may, before the euthanasia of that animal, be made immediately available for release to a nonprofit, as defined in Section 501(c)(3) of the Internal Revenue Code, animal rescue or adoption organization if requested by the organization. Ct. Mar. What's the city's plan on doing about the growing problem at hand? (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. One commentator who has analyzed the issue in Texas raised the possibility that an individual who cares for a feral cat could be held criminally liable for abandonment if that individual ceased to provide the cat with food and water or failed to pay for the cats necessary medical treatment. (2) Feral cats are cats with temperaments that are completely unsocialized, although frightened or injured tame pet cats may appear to be feral. Mammals. 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. I suspect that people have been abandoning strays knowing that they would be fed. (a)(1) Except as provided in subdivision (b), a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group shall not release a cat to an owner seeking to reclaim it, or adopt out, sell, or give away a cat to a new owner, unless either of the following conditions is met: (A) The cat is microchipped with current information on the owner reclaiming the cat or new owner receiving the cat, as applicable, and the owner or new owner is registered with the microchip registry company as the primary owner of the cat. ), 31753. Local ordinances; animal placement procedures, 31764.5. 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. 3 Del. (Added by Stats.1973, c. 361, p. 802, 3. 32.1302 Food Left Outside for Any Animal During Certain Hours. (2) If the agency, shelter, or group does not have microchipping capability on location, the agency, shelter, or group shall make a good faith effort to maintain a list of local and regional free or discounted regional microchipping services and provide that information to the owner or new owner. (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). (b) Deposits shall be in the amount determined by the shelter, but shall not be less than forty dollars ($40) and shall not exceed seventy-five dollars ($75). Plum officials have enacted a new law in order to discourage residents from taking care of feral cats. 2, 2007) (pdf file - 628.01 KB). Division 14.5. 3.2-6587(A)(2 ). Application of chapter; spaying or neutering required, 31762. In addition to any required spay or neuter deposit, the animal shelter, at its discretion, may assess a fee, not to exceed the standard adoption fee, for the animal released. 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. (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. A nongame mammal may not be taken or possessed except as provided in this code or in accordance with regulations adopted by the commission. Fiori v. Conway Org. 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. at 10. Second, the article addresses the question of whether feral cat keepers or caretakers can be held civilly liable for the actions of feral cats. The reasoning in these cases could be applied to feral cat keepers in caretakers in jurisdictions that consider keepers and caretakers to be owners. There is no county law prohibiting the feeding of wild animals. RI ST 4-22-2 . (a) This chapter only applies to a county that has a population of less than 100,000 persons as of January 1, 2000, and to cities within that county. (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). They can't replace the diagnosis, advice, or treatment from a professional. (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. Determining when a feral cat caretaker may be criminally liable is a complex issue that has not been extensively addressed. The Baker court concluded its opinion, however, by raising an important concern about the balance between animal protection statutes and private property rights. Amended by Stats.1977, c. 1208, p. 4083, 10; Stats.2015, c. 154 (A.B.1527), 72, eff. Thus, it is vital that the drafters of feral cat legislation consider the effect that such legislation might have as a disincentive to individuals who may otherwise be inclined to care for the very animals that feral cat laws are intended to protect. If the adopter or purchaser presents proof of spaying or neutering to the entity from which the cat was obtained within 30 business days, the adopter or purchaser shall receive a full refund of the deposit. This may reflect the legislatures intent to solve the problem of discouraging good Samaritans. Holding of other impounded animals, 31754 . (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. That's primarily because of the low volume of vehicles and trains -- typically only two per day. There is a California law that makes abandoning an animal a crime. Food and Agricultural Code (Formerly Agricultural Code. Someone who cares for a feral cat is likely to limit her activity to feeding, watering, and in some cases spaying or neutering the animal. But taking care of a stray has a price under state law. 6.1.803 Obstructing officers unlawful. Penal Code 42.092 , 60 Baylor L. Rev. 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. Similarly, some states classify feral cat caretakers as owners and further require owners to spay and neuter their pets or immunize them against rabies. The town ordinance required [e]very person responsible for an animal located within the City to ensure that such animal . . At least one other state, however, has taken a different approach. Since conditions can vary from one place to another,its good to seek out the specific animal control regulations where you live. You have permission to edit this article. Enforcement 6.1.801 Entry on premises to seize and impound animals. (Added by Stats.1998, c. 747 (A.B.1856), 7, operative Jan. 1, 2000. Holding period for impounded cats, (Added by Stats.1980, c. 1060, p. 3397, 2. A: Arnold Ramming, an engineer in the Bakersfield Public Works Department, answered: "At this time, the city does not have plans to construct a grade separation at any of the crossings referred to in the question. When to Separate a Kitten from Its Mother, Invasive Rats and Their Influence on Reef Fish, The Giant Golden-Crowned Flying Fox, the World's Largest Pollinator, One way to help cats or any other stray animals is to. In caretakers in jurisdictions that consider keepers and caretakers to be owners there still... Shelters, or treatment from a professional solve the problem of discouraging good Samaritans, taken. Extensively addressed 2018 banning residents from feeding feral cats are members of the same species as cats. You why feeding stray cats can be harmful and sometimes even illegal of... Or any other animals, vehicles and even humans on a national,. 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