(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. 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. Id. Code 31750 - 31766; West's Ann. 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. 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In this section a "keeper" includes any person or organization regularly feeding a feral cat. (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. There is no county law prohibiting the feeding of wild animals. [d]oes not become a public nuisance, does not run at large, and [d]oes not defecate on the property of another . Rather than feeding feral cats, its better to just adopt them directly. (c) This section shall remain in effect only until July 1, 2024, and as of that date is repealed. These statutes comprise California consolidated cat laws. For purposes of this subdivision, raw fur has the same meaning as defined in Section 4005. But taking care of a stray has a price under state law. (a) No person shall feed or in any manner provide food for one or more non-domesticated mammalian predators. This rationale is less persuasive when applied to feral cats for two reasons. (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. . The county ordinance, which the court found to be the controlling law in the case, stated that [i]t shall be unlawful for a person to provide food, water or shelter to a colony of feral cats. However, the county ordinance explicitly exempted individuals who provide food, water or shelter in conjunction with an authorized TNR program. There is a California law that makes abandoning an animal a crime. 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. What's the city's plan on doing about the growing problem at hand? Providing resources to facilitate these efforts, including educational materials and funding, will help ensure their success. (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. Only thirteen states and the District of Columbia have enacted statutes that mention feral cats, and none of those statutes directly address liability. (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. For the purposes of this division, each member of a litter of kittens, weaned or unweaned, shall be treated as an individual animal. 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. 32.1302 Food Left Outside for Any Animal During Certain Hours. Hughes, K.L. Feeding strays isnt just an issue about the health and comfort of the citizens of a community. In the vast majority of jurisdictions, however, courts will have no guidance other than common law. 3 Del. In that case, the recipient may receive a reimbursement of the sterilization deposit by submitting to the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group within the sterilization period a signed letter from a veterinarian licensed to practice medicine in this state stating that the animal has died. In todays article, well tell you why feeding stray cats can be harmful and sometimes even illegal. In contrast, keepers and caretakers usually care for feral cats where they find them, exercising a limited degree of control over the animals. (Added by Stats.2019, c. 205 (S.B.245), 4, eff. 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. , No. (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. 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). (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. ), 31753. If she moves to a new neighborhood, might she be held criminally liable for abandoning the cat she once cared for? M2005-00414-COA-R3-CV, 2006 WL 2805141, at *6 (Tenn. Ct. App. McElroy v. Carter , No. 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. You have permission to edit this article. 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. 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. Also, laws can state that a separate violation occurs to each animal involved. 6.1.703 Removal of animal from City. , 746 N.Y.S.2d 747, 750 (N.Y. App. Code 14-8-2-87 (2009 ); Wild Mammals, Defined, Neb. Jan. 1, 2020. Another useful action, especially if theres no way for you to help them directly, is to make a simple phone call. (2) Chapter 7 (commencing with Section 31401) of Division 14 and Section 9 do not apply to a violation of this section. 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. ), 31752.5. Feb. 16, 2007). Besides the above, if youre passionate about animals and advocating for their well-being, why not volunteer? Therefore, the probability of the city receiving funding from the state is very low. 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 ). 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. Thank you for reading! . Id. 2005) . Amended by Stats.1957, c. 1972, p. 3520, 47; Stats.1971, c. 1470, p. 2908, 22.). Under the Texas Animal Health and Safety Code, "custody" includes responsibility for the health, safety, and . 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. 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. On the other hand, in cases like McElroy where the owner had no reason to foresee any damage or injury that her cat might cause, a court may be unlikely to find that such a duty exists. Nongame Mammals and Depredators. (Added by Stats.1973, c. 361, p. 802, 3. The first problem is the question of whether feral cats are wild or domestic animals. Traffic goes crazy when the train blocks Wible, Akers, Stein, Ashe, Gosford and so on. 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. (Added by Stats.1998, c. 747 (A.B.1856), 8, operative Jan. 1, 2000.). After registering with the municipality, the feral cat keeper must vaccinate and sterilize the cats in her care. 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 or released. (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. Of the judicial opinions written, most of them involve interpretations of feral cat ordinanceslike the one at issue in Baker further complicating the question of what happens when no such law exists. However, it's important to look into the local laws where you live, including laws that may apply to your specific community or neighborhood. 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. . 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. 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. Until then, however, only the courts can provide clearer guidance for keepers and caretakers in common law jurisdictions. Restatement (Third) of Torts: Physical and Emotional Harm. (e) This section only applies to a county that has a population exceeding 100,000 persons as of January 1, 2000, and to cities within that county. Food and Agricultural Code (Formerly Agricultural Code. (Added by Stats.1998, c. 747 (A.B.1856), 6.5, operative Jan. 1, 2000. at 45; see also McElroy v. Carter , No. Further, feral cat caretakers in these jurisdictions may have a difficult time protecting feral cat colonies from animal control agencies and the actions of private citizens. Ownership 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. TNR/Community Cat Care Financial Resources, How Rescuers Can Effectively Adopt Out Cats, Debunking the Myths and Misinformation: Cat Predation, Solutions to Prevent Surrendering your cat, Press Release on African Wildcat Campaign, Differences between AWCs and domestic cats, click here to see why feeding bans do not work, http://cfa.org/Portals/0/documents/legislative/cat-leash-laws.pdf, https://idfg.idaho.gov/question/it-legal-kill-feral-cats, http://www.accord3.com/docs/TNR%20Law%20Kortis.pdf, http://www.humanesociety.org/assets/pdfs/pets/feral-cats/nirenburg_hsus_cat_outdoors.pdf. 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. 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