Amended by Stats.1985, c. 1290, 3. 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. This subdivision is applicable within any county. 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. (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. All rights reserved. at 97374, 966. False information regarding spaying or neutering; civil penalties; use of funds from penalties, 31764. (3) Some people care for or own feral cats. 22-339d . The court further noted that the county ordinance appears to contemplate and accept the possibility that feral cats, once altered, will be returned to the colonies from which they were captured. Theres always a need for caring individuals to help out at. . Arguably, the Texas statute already protected feral cats, since it protected domesticated animals. However, the failure to explicitly include feral animals in the definition of domesticated animals apparently compelled an interpretationat least in the minds of many jurors and legislatorsthat those animals were excluded from the law's protection. 2, 2007) (pdf file - 628.01 KB). Detailed Discussion of Feral Cat Legal Issues. First, how does feeding feral cats negatively impact the community? 6.1.802 Authority to arrest and to issue notices to appear. 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. to what extent can a caretaker be liable for tort damages caused by feral cats? (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. There are several reasons behind it being a bad ideaand sometimes illegalto feed strays. You have permission to edit this article. at 2. Also, laws can state that a separate violation occurs to each animal involved. I.e., if someone abuses a colony of cats, each cat harmed counts as a separate offense. For the purposes of this division, each member of a litter of kittens, weaned or unweaned, shall be treated as an individual animal. (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. The key question in either case is whether the owner has a duty to control the cat's behavior. 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. 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. 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 . Wild Mammals, Defined, Neb. Division 4. 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. At common law, the answer to this question is unclear. 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. 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. Keepers and caretakers provide a valuable service, and the law should not discourage these individuals from caring for animals in need. What's the city's plan on doing about the growing problem at hand? Ask The Californian: Is it illegal to feed feral cats? (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). A feral cat is totally unsocialized to people. Sorry, there are no recent results for popular videos. 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 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. 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. (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. (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. 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. You can certainly TRY a local feline rescue service, Code Enforcement, or even animal control of course, but feral cats are no picnic to catch. Why is feeding stray cats a bad idea? According to different laws and regulations around the country,feeding stray cats is a problem for neighbors. (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). (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. The result of this approach is that the law of feral cats can, and often does, vary drastically within the same state. Receiving a fine for giving food to feral cats or any other animals isnt common, but it can happen. 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. (Added by Stats.1998, c. 752 (S.B.1785), 16.5, operative July 1, 2001. No. (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. M2005-00414-COA-R3-CV, 2006 WL 2805141, at *6 (Tenn. Ct. App. 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. Partly cloudy skies. As discussed above, the issue in Baker required the court to interpret a feral cat ordinance . Code 14-8-2-87 (2009 ); Wild Mammals, Defined, Neb. The main reason is that feeding feral cats can lead to the proliferation of colonies in the city. ; Slater, M.R. 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. 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. Second, keepers and caretakers do not exercise the level of control over feral cats that owners of wild animals exercise over those animals. 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. Many local laws are punitive. 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. That wouldn't really do any good because all of the crossings would be blocked. required by law. 22-339d(a) (West 2001). Amended by Stats.1977, c. 1208, p. 4083, 10; Stats.2015, c. 154 (A.B.1527), 72, eff. Spayed or neutered cats; reduction in fee. "Pets that are abandoned face the dangers of the elements, predators, other animals, vehicles and even humans. At least one other state, however, has taken a different approach. Id. Jan. 1, 2020.). Which brings up another question: Is this rule enforced? This article addresses three primary legal questions. In this case, the city -- if the project ranked high enough and we received funding from the state -- would need on the order of $15 million in local funds for the project. 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). But taking care of a stray has a price under state law. Second, the article addresses the question of whether feral cat keepers or caretakers can be held civilly liable for the actions of feral cats. 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. 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? (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. Id. and 3) feeding bans Excludes community cat sponsors and caretakers from definition of "custody" as defined in Sec. Repealed by Stats.1985, c. 1290, 2, 31751.3 . Chapter 2. 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. Part 3. So we would have to come up with the remaining money necessary to fund the project. Generally, the state laws that do address these issues do not create substantive guidelines. Don't try to handle a feral cat. (4) The cat shall be spayed or neutered within 14 business days of that certification. 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. Regulation of Cats Generally. ), 31754. 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. The policy rationale supporting strict liability is that a wild animal is so inherently dangerous that the burden should be on the owner, who made a conscious decision to possess the animal, to control the animal at all times. "Such a project would cost on the order of $20 million. 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