(b) A person is subject to the civil penalties pursuant to subdivision (a) if that person does any of the following: (1) Falsifies any proof of spaying or neutering submitted for the purpose of compliance with this chapter. In todays article, well tell you why feeding stray cats can be harmful and sometimes even illegal. For example, an Indiana trial court recently found that a woman who fed feral cats and participated in a TNR program was not liable for negligently allowing the cats to damage the plaintiffs property. I.e., if someone abuses a colony of cats, each cat harmed counts as a separate offense. In short, we are in bad need of a couple of bridges over here, folks. 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. Control agencies, shelters, or rescue groups; spaying or neutering requirements, 31751.4. Amended by Stats.2022, c. 549 (A.B.2723), 2, eff. Higher wind gusts possible.. 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. Amended by Stats.1985, c. 1290, 3. H028774, 2007 WL 495897 (Cal. H028774, 2007 WL 495897 (Cal. Chapter 2. 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. 964, 97374 (Fall 2008) . (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. Amended by Stats.1998, c. 752 (S.B.1785), 13, operative July 1, 1999; Stats.2000, c. 567 (A.B.2754), 3; Stats.2011, c. 97 (A.B.222), 5; Stats.2018, c. 194 (A.B.2791), 3, eff. 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. Id. Amended by Stats.2019, c. 7 (A.B.1553), 9, eff. However, it is possible that individual members of a domestic species could be considered wild if those individual animals have not been domesticated. That way, youll know just what the limits are when its time to act. (Added by Stats.1998, c. 752 (S.B.1785), 15. Animal Cruelty. 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. There is a California law that makes abandoning an animal a crime. However, its important to look into the local laws where you live, including laws that may apply to your specific community or neighborhood. The city of Gilbert passed an ordinance in 2018 banning residents from feeding feral cats. 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. 6.1.803 Obstructing officers unlawful. Nonspayed or unneutered cats; fines. 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. Further, it is a misdemeanor for a cat owner to fail to pay any license tax required by this chapter before February 1 for the year in which it is due. Va. Code Ann. Any extension shall be in writing. No. 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. Its also something that can be harmful for the health of these animals themselves. In the case of any doubt, it's best to consult a trusted specialist. Regulation of Cats Generally. Holding period for impounded cats, 31752.5 . A non-domesticated mammalian predator shall include coyotes, raccoons, foxes, opossums, bears, mountain lions, and bobcats. (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. Ask The Californian appears on Mondays. Receiving a fine for giving food to feral cats or any other animals isnt common, but it can happen. Besides the above, if youre passionate about animals and advocating for their well-being, why not volunteer? (b) Any person who provides false information pursuant to this subdivision about his or her ownership of the cat shall be liable to the true owner of the cat in the amount of one thousand dollars ($1,000). (a) A mammal occurring naturally in California that is not a game mammal, fully protected mammal, or fur-bearing mammal is a nongame mammal. Will she consider the possible rights and responsibilities that might arise from her caretaking? Nongame mammal defined; possession and taking; trapping for recreation or commerce; sale of raw fur. 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. There is also a colony at the 24th Street/Kern River bridge. Jan. 1, 2018. 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. 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. Detailed Discussion of Feral Cat Legal Issues. Therefore, feral cats do not quite fit within the common understanding of domestic cat ownership. (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. 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. Wild Mammals, Defined, Neb. at *14. Ct. App. (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. 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. 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 ). 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). "If a temporary or permanent home cannot be found, owners can always bring their pet to any of the Kern County Animal Control shelters in Bakersfield, Mojave and Lake Isabella. (3) If the owner, at any time subsequent to 30 business days after the spaying or neutering agreement was signed, provides proof of spaying or neutering, the deposit shall be forfeited, but any fine levied but not yet paid, shall be waived. Beginning June 1, 2008: It is prohibited to feed or otherwise care for free-roaming cats or other animals at the RFS. In 2007, the Texas legislature amended its animal protection statute to include feral cats and dogs in the statutes definition of animal. This amendment was passed in response to several instances in which juries acquitted defendants who were accused of cruelty to feral animals because feral animals were not explicitly protected by the states animal cruelty statute. (c) All penalties collected 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 imposing the penalties, to be used solely for purposes provided for under subdivision (c) of Section 31761. (b)(1) Notwithstanding subdivision (a), this section does not require a cat to be microchipped if a licensed veterinarian certifies in writing that the cat is medically unfit for the microchipping procedure because the cat has a physical condition that would be substantially aggravated by the procedure. 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. (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. (c) 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. TNR. Upon moving into the home, the family noticed that many domestic and feral cats were frequently coming onto their property, and the cats had been defecating and urinating in the plaintiffs yard. 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. Under Virginia law, local governments may . There's no federal law that prohibits feeding stray cats or any other type of animal. "Meaning, you are feeding stray dogs you are feeding stray cats and providing care for them, under the law the animal becomes yours," said Cris Kemper with Longview Animal Control. However, it's important to look into the local laws where you live, including laws that may apply to your specific community or neighborhood. Feral cats per se are an admission of society's failure in the process of domesticating cats. McElroy v. Carter , No. (Added by Stats.1998, c. 747 (A.B.1856), 8, operative Jan. 1, 2000.). Connecticut allows municipalities to require feral cat keepers to register with the local animal control officer. at 26. Sorry, there are no recent results for popular videos. See id. 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. Div., 1985) (stating that keepers of wild animals are strictly liable). Rhode Island then allows local governments to implement permitting requirements for feral cat caretakers. 6.1.702 Enforcement action. Generally, the state laws that do address these issues simply (1) define feral cats and (2) enable local governments to adopt their own solutions The result of this approach, though, is that the law of feral cats can, and often does, vary drastically within the same state. Since 2006, Los Angeles and Orange Counties have had 122 reported human cases of this disease; all but one of the cases . Repealed by Stats.2004, c. 253 (S.B.1301), 10, 4150. Will the kindhearted bystander wonder whether feeding the cat will cause her to become the cats legal owner? 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. David Favre & Murray Loring, Animal Law 8 (1983). 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. Legislative findings and declarations, 31753 . 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. at 45; see also McElroy v. Carter , No. Its true that there are many individuals and organizations that are willing to help these defenseless animals. Cal. For the purposes of this division, each member of a litter of kittens, weaned or unweaned, shall be treated as an individual animal. (b) Notwithstanding subdivision (a), kittens or puppies relinquished by the purported owner, or brought in by any other person with authority to relinquish them, to public or private shelters, may be available immediately for adoption. 31750. (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. Holding period; owner redemption, 31755. If the cat is determined to be docile or a frightened or difficult tame cat, the cat shall be held for the entire required holding period specified in Section 31752. That way, you can avoid possible fines or other penalties. 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. 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. As discussed above, there are serious policy concerns that would likely preclude the imposition of strict liability on feral cat keepers or caretakers, making it implausible to define feral cats as wild 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. "Historically, the city has received about $5 million for each project through this program. 3.2-6587(A)(2 ). Feeding strays isnt just an issue about the health and comfort of the citizens of a community. The court rejected this argument because, as a factual matter, the record showed that a local organization returned the cats to the neighborhoodnot the defendant. 32.1302 Food Left Outside for Any Animal During Certain Hours. 5/2.16 . We will do our best to find a second home for your pet. 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. Also, laws can state that a separate violation occurs to each animal involved. Amended by Stats.2004, c. 253 (S.B.1301), 9. "Pets that are abandoned face the dangers of the elements, predators, other animals, vehicles and even humans. For the rules in the city, we turned to Tammy Davis, animal control supervisor for the city of Bakersfield, who cited a section of code that defines prohibited activity in city parks. 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. "I would say no, because I've never even had the complaint," Davis said. 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 by new owners or released to nonprofit animal rescue or adoption organizations pursuant to this section. We'll tell you want you need to know. 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. Article 8. , 746 N.Y.S.2d 747, 750 (N.Y. App. . With some exceptions, cats are required to be held for six days, pending retrieval by their owners or adoption by the . The question, then, is if a feral cat is not quite a wild animal and not quite a domestic animal, how will a court determine ownership? Regulation of Cats Generally. 2005) . Not only do they fail to meet minimal nutritional requirements, but they can also be extremely harmful to a cats health in general. Could they be exposed to criminal liability for abandonment, neglect, or failure to comply with registration or spay/neuter requirements? RI ST 4-22-2 . Article 1. Hughes, K.L. Food & Agric. "Such a project would cost on the order of $20 million. (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). 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. 3.2-6524(B) . Super. A county whose population exceeds 100,000 persons in a year subsequent to January 1, 2000, shall be subject to Chapter 1 (commencing with Section 31751) commencing on January 1 of the year immediately following the year in which the population of that county exceeds 100,000 persons. Id. Special Provisions Applicable to Counties with a Population of Less Than 100,000 Persons. 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 . These cats breed, multiply, fight, and spread diseases to one another. This site is not a law firm and cannot offer legal advice. The problem is the train crossings, the only place you can cross when a train is blocking the tracks is Highway 99. Many local laws are punitive. As discussed below, this diminished level of control makes it difficult to determine how feral cat ownership should be determined in common law jurisdictions. 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. For example, by defining keepers as owners and authorizing municipal permitting requirements for feral cat caretakers, a state like Rhode Island is able to address issues related to feral cats without imposing substantive requirements on the entire state. (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). The same level penalty can apply, or the penalties may increase upon a second or third violation. Christman-Resch v. City of Akron , 825 N.E.2d 189, 676 n.1, 686 (Ohio Ct. App. 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). 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. "Based on the city's experience in submitting applications for other grade separation projects, an application for a grade separation on any of the streets crossing the railroad in southwest Bakersfield would rank low on the state's list. This subdivision is applicable within any county. There are many other things you can do to contribute to the well-being of stray animals and your community in general. Laws regarding the impoundment of dogs and cats are consistent in most states. Feb. 16, 2007) . 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. 6.1.802 Authority to arrest and to issue notices to appear. "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. In contrast, keepers and caretakers usually care for feral cats where they find them, exercising a limited degree of control over the animals. Only thirteen states and the District of Columbia have enacted statutes that mention feral cats, and none of those statutes directly address liability. Control agencies, shelters, or rescue groups; spaying or neutering requirements. 29D05-0605-SC-1055 (Ind. at 98384, 98890. The town ordinance required [e]very person responsible for an animal located within the City to ensure that such animal . The statute further defines keepers as owners. Id. Keepers and caretakers provide a valuable service, and the law should not discourage these individuals from caring for animals in need. At the same time, local authorities often argue that the presence of cats attracts other animals that we dont want in urban areas. Submit questions to asktbc@bakersfield.com or to The Bakersfield Californian, c/o Christine Bedell, P.O. (2) A public education program to reduce and prevent overpopulation of dogs and cats, and the related costs to local government. When damage to property or persons is reasonably foreseeable, a court in these jurisdictions could impose civil liability on keepers and caretakers for breaching their duty to control the feral cats in their care. Ct. App. (5) The adopter or purchaser shall obtain written proof of spaying or neutering from the veterinarian performing the operation. The Baker court concluded its opinion, however, by raising an important concern about the balance between animal protection statutes and private property rights. 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.. 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Neutering of feral cats as an alternative to eradication programs. Many state and local governments have not directly addressed the issues of ownership and responsibility related to feral cats. Holding of other impounded animals, 31754 . . (d) If an adopted cat dies within the spaying or neutering period provided for in the written agreement pursuant to Section 31760, subdivision (c) shall not apply to the cat. Section 17006 shall also apply to these animals. "There is a California law that prohibits the abandonment of animals PC 597s (a): 'Every person who willfully. Despite the significant, tangible benefits of community cat programs, and the trap-neuter-return (TNR) method of managing unowned free-roaming cats, these programs are sometimes challenged by opponents who raise questions about whether this progressive approach is sound public policy, or is "legal" under state and local law. They can't replace the diagnosis, advice, or treatment from a professional. 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. 3 Del. Will she attempt to prevent the cat from trespassing on her neighbors property or bringing other cats to the neighborhood? So if the penalty is a $100 fine, the perpetrator pays $100 for each cat harmed. The raw fur of a nongame mammal otherwise lawfully taken pursuant to this code or regulations adopted pursuant to this code shall not be sold. See David Favre & Murray Loring, Animal Law 7 (1983) . , 825 N.E.2d 189, 676 n.1, 686 (Ohio Ct. App. ), 31751.7. 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. 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. The answers to these questions can vary widely depending on where the individual lives. Kern County Animal Control urges members of the public to try and find other alternatives to abandoning animals such as re-homing a pet with a friend, family member, co-worker, rescue organization or even a neighbor. Food and Agricultural Code (Formerly Agricultural Code. 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. Harmful to a cats health in general 's best to consult a trusted specialist c. (. Isnt common, but it can happen domestic species could be considered wild if those individual animals not. The penalties may increase upon a second home for your pet [ ]. 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