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. The law in California that allows non-profit organizations to remove feral cats from animal shelters as an alternative to destruction appears to incorporate past lessons on the need for public support. (3) Submits to a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group false information regarding sterilization fees or fee schedules. Ensuring animals are sterilized prior to entering the community ensures that they will not contribute to the existing dog and cat population. Renumbered 31751.3 and amended by Stats.1998, c. 747 (A.B.1856), 6, operative Jan. 1, 2000. The statute explicitly includes feral cats in its definition of companion animal. Va. Code Ann. 2005) . 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 first problem is the question of whether feral cats are wild or domestic animals. Baker v. Middleton , C.A. Christman-Resch v. City of Akron , 825 N.E.2d 189, 676 n.1, 686 (Ohio Ct. App. Winds N at 15 to 25 mph. 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. (a)The Legislature finds and declares the following: (1) Domestic cats' temperaments range from completely docile indoor pets to completely unsocialized outdoor cats that avoid all contact with humans. Another indicator that courts may be unwilling to independently determine the rights and responsibilities of feral cat caretakers is the Indiana Superior Court's decision in Baker v. Middleton , C.A. (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. 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. at 10. Id. (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. 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. (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. (e) No city or county, society for the prevention of cruelty to animals, or humane society is subject to any civil action by the owner of a cat that is spayed or neutered in accordance with this section. We hope that you continue to enjoy our free content. CA - Circus - 25989.1. The public or private shelter may enter into cooperative agreements with any animal rescue or adoption organization. Licensed cattery; exemption from tag requirement. Cloudy. "To increase the chances of finding a successful placement for your pet, we ask pet owners to bring in their current medical records and provide as much background information as possible so we can use the information to speak with potential adopters. Division 4. This case illustrates the careful balancing act involved in crafting a feral cat statute or ordinance. A non-domesticated mammalian predator shall include coyotes, raccoons, foxes, opossums, bears, mountain lions, and bobcats. This rule would effectively advance two competing policy goals: (1) encouraging people to care for feral cats and (2) holding caretakers more responsible when their actions begin to look more like those of an owner than those of a caretaker. 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. These laws should apply to all cats, not just owned, family animals. 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. ; Smith, R.E. 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. 2, 2007) (pdf file - 628.01 KB). 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. . As discussed above, the issue in Baker required the court to interpret a feral cat ordinance . Therefore, feral cats do not quite fit within the common understanding of domestic cat ownership. Jan. 1, 2021. Div., 1985) (stating that keepers of wild animals are strictly liable). 22-339d . Community cat spay/neuter surgeries are performed Tuesday-Friday by appointment. When considering rules for managing stray or feral cats, it's best to keep in mind the following: Encourage residents who feed stray and feral cats to have the cats sterilized and vaccinated. This article addresses three primary legal questions. That wouldn't really do any good because all of the crossings would be blocked. The reasoning in these cases could be applied to feral cat keepers in caretakers in jurisdictions that consider keepers and caretakers to be owners. Rev. 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. 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. 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. This case illustrates the careful balancing act involved in crafting a feral cat statute or ordinance. Id. KNXV Rodriguez has been providing food and water to feral cats in the area for 14 years, spending up to $100,000 to do so, he told KNXV. Food and Agricultural Code (Formerly Agricultural Code. "I would say no, because I've never even had the complaint," Davis said. 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. No, that was not a typo, there is potential criminal liability for feeding feral cats. Other laws with the potential to impact As discussed above, feral cats do not fit neatly within the common law of animal ownership. There are many other things you can do to contribute to the well-being of stray animals and your community in general. Chapter 2. Amended by Stats.1985, c. 1290, 3. With some exceptions, cats are required to be held for six days, pending retrieval by their owners or adoption by the . 4150 . 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. H028774, 2007 WL 495897 (Cal. (B) Nothing in this paragraph supersedes or otherwise limits the requirements in Section 31751.3 or Sections 31760 to 31762, inclusive, to ensure that a kitten sold, given away, or transferred to a new owner is or will be spayed or neutered. To understand the varying approaches taken by each state, it is instructive to look at those states that authorize local governments to enact ordinances regulating feral cat ownership. Feb. 16, 2007) . This article attempts to clarify the answers to these questions, giving feral cat caretakers, property owners, and others interested in the issue a clearer understanding of their legal rights and obligations. ), 31753. 964, 97374 (Fall 2008) . 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. 3.2-6587(A)(2 ). There is a California law that makes abandoning an animal a crime. Will she consider the possible rights and responsibilities that might arise from her caretaking? 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. at 26. Amended by Stats.2004, c. 253 (S.B.1301), 6. We seek to change them into positive laws that save animals and meet the needs of cats, caregivers, owners, and the community at large. Div. California CA Food & Ag Code 31752.5 Regulation of cats - . Nonspayed or unneutered cats; fines. (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. Feral. Thank you for reading! Chapter 2. 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. 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. (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. The court found that the total amount of damage caused by the cats to the plaintiff's property was approximately $2000. But taking care of a stray has a price under state law. That's primarily because of the low volume of vehicles and trains -- typically only two per day. 964 (Fall 2008) . (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. She did not provide shelter or veterinary care, and she never relocated or confined the animals. Shelters; waiver of cat adoption fee for veterans; limit on number of cats adopted, 31751.5 . C. 8217 . 31760. (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. Finally, the court dismissed the plaintiff's trespass claim for lack of evidence. We will do our best to find a second home for your pet. Credits(Added by Stats.2019, c. 205 (S.B.245), 5, eff. Whenever a county, or a city that is within a county to which this chapter applies, requires cat license tags, the tag shall be issued for one-half or less of the fee required for a cat, if a certificate is presented from a licensed veterinarian that the cat has been spayed or neutered. "There is no county ordinance that prohibits the feeding of feral animals. ), 31751.6. Chapter 3. Feral cats may approach you when they are extremely hungry, but they will only eat the food you've given them once you've walked away. Here are some of the most common sections of local laws that commonly affect cats. The statute further defines an animals owner as anyone who (i) has a right of property in an animal; (ii) keeps or harbors an animal; (iii) has an animal in his care; or (iv) acts as a custodian of an animal. Id. (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. False information regarding spaying or neutering; civil penalties; use of funds from penalties, 31764. The court accepted the plaintiff's claim that the aggressive tendencies of stray and feral cats pose certain risks that domestic housecats do not, especially when they are cornered by human. However, you may be surprised to find out that experts advise against the practice of feeding feral animals. Spayed or neutered cats; reduction in fee. (d) This section does not apply to a cat that is temporarily housed under an emergency evacuation order. 2, 2007) (pdf file - 628.01 KB). Hart Park is within county jurisdiction. 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. Ideally, more state and local legislatures should begin to address this complex and convoluted area of law. Holding period for impounded cats, 31752.5 . Feral Cats and the Law Cats and Wildlife > Cats and Predation Where have all the birds gone? Repealed by Stats.1985, c. 1290, 2, 31751.3 . Jan. 1, 2023.). 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. Jan. 1, 2016; Stats.2019, c. 216 (A.B.273), 12, eff. The court noted that the plaintiff could have prevented mostif not allof the damage caused by the feral cats if the plaintiff had simply been notified of the colony's presence in the neighborhood. This rationale is less persuasive when applied to feral cats for two reasons. What does it mean to own a feral cat? If you've been feeding a cat for several days and can still not approach or touch the cat, it is probably feral. RI ST 4-24-3 . Second, the article addresses the question of whether feral cat keepers or caretakers can be held civilly liable for the actions of feral cats. First, feral cats are members of the same species as domestic cats. 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. Under the Texas Animal Health and Safety Code, "custody" includes responsibility for the health, safety, and . Ct. App. (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. Is it legal to feed feral cats in California? There is also a colony at the 24th Street/Kern River bridge. 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. 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. This site is not a law firm and cannot offer legal advice. 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. Article 1. (b)(1) 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). 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. Mammals. A nongame mammal may not be taken or possessed except as provided in this code or in accordance with regulations adopted by the commission. See, e.g. and 3) feeding bans Excludes community cat sponsors and caretakers from definition of "custody" as defined in Sec. Rhode Island then allows local governments to implement permitting requirements for feral cat caretakers. Generally, the state laws that do address these issues do not create substantive guidelines. 76-9-301 . 6.1.703 Removal of animal from City. Generally, legislatures pass laws to correct perceived deficiencies in existing law, particularly when there is no indication that the new legislation is intended to codify the current common law rule. (d) This section applies to each county and cities within each county, regardless of population. 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. As noted in the feral cat discussion, some states have reduced the impoundment period for free-roaming cats. 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. 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). Division 14.5. Submit questions to asktbc@bakersfield.com or to The Bakersfield Californian, c/o Christine Bedell, P.O. ), 31751.5. Many state and local governments have not directly addressed the issues of ownership and responsibility related to feral cats. 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. Ctenocephalides felis, regularly infest dogs, cats and opossums in Southern California. (Added by Stats.1998, c. 747 (A.B.1856), 8, operative Jan. 1, 2000.). Generally, the period of retention for an owner to reclaim his or her pet is between 72 hours and ten days. Jan. 1, 2020. Special Provisions Applicable to Counties with a Population of Less Than 100,000 Persons. . (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. Nongame mammal defined; possession and taking; trapping for recreation or commerce; sale of raw fur. (2) Chapter 7 (commencing with Section 31401) of Division 14 and Section 9 do not apply to a violation of this section. Its also something that can be harmful for the health of these animals themselves. Regulation of Cats Generally. After registering with the municipality, the feral cat keeper must vaccinate and sterilize the cats in her care. There should be no fell cats if cat domestication had been carried out properly by humankind. If the cat is determined to be truly feral, the cat may be euthanized or relinquished to a nonprofit, as defined in Section 501(c)(3) of the Internal Revenue Code,1 animal adoption organization that agrees to the spaying or neutering of the cat if it has not already been spayed or neutered. (Added by Stats.1998, c. 747 (A.B.1856), 7, operative Jan. 1, 2000. At least one other state, however, has taken a different approach. 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