Submit questions to asktbc@bakersfield.com or to The Bakersfield Californian, c/o Christine Bedell, P.O. Wild Mammals, Defined, Neb. Div., 1985) (stating that keepers of wild animals are strictly liable). As discussed below, this diminished level of control makes it difficult to determine how feral cat ownership should be determined in common law jurisdictions. . Id. Nongame mammal defined; possession and taking; trapping for recreation or commerce; sale of raw fur. (Formerly 31751, added by Stats.1970, c. 1303, p. 1303, 1. (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. Christman-Resch v. City of Akron , 825 N.E.2d 189, 676 n.1, 686 (Ohio Ct. App. Providing resources to facilitate these efforts, including educational materials and funding, will help ensure their success. 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 many feral cats in Hart Park never seem to be lacking for food with many going to the park on a regular basis volunteering their time and expenses to feed the cats. ), 31752. 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. A further problem is the relatively limited degree of control exercised by the defendant in Baker . 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.. Their presence increases hygiene and health problems which are already an issue for society. Regulation of Cats. 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. ), 31753. 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. The trial court granted summary judgment for the defendants, but the appellate court rejected the trial courts analysis of the plaintiffs nuisance claim. 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.". They do not address specific issues related to liability, but rather (1) help to resolve the problem of classifying feral cats and (2) enable local governments to enact their own solutions. Regulation of Cats. Repealed by Stats.2004, c. 253 (S.B.1301), 10, 4150. (3) A followup program to ensure that dogs and cats transferred by the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group are spayed or neutered in accordance with the agreement executed under subdivision (d) of Section 31760. The court did not, however, address the question of whether a feral cat caretaker could be held criminally liable under the ordinancea distinct possibility, given the ordinances broad definition of ownership. Legislative findings and declarations, 31753 . (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. 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. . The public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group shall not be registered with a microchip registry company as the primary owner of the cat. Jan. 1, 2021. 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. "Pets that are abandoned face the dangers of the elements, predators, other animals, vehicles and even humans. (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. 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. 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. 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. In this section a "keeper" includes any person or organization regularly feeding a feral cat. (4) Feral cats pose particular safety hazards for animal shelter employees. Generally, the state laws that do address these issues do not create substantive guidelines. Winds light and variable. 6.1.803 Obstructing officers unlawful. Will she consider the possible rights and responsibilities that might arise from her caretaking? Amended by Stats.1957, c. 1972, p. 3520, 47; Stats.1971, c. 1470, p. 2908, 22.). Nongame Mammals and Depredators. The adopter or purchaser shall obtain written proof of spaying or neutering from the veterinarian performing the operation. The statute further defines keepers as owners. Id. 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. (2) A public education program to reduce and prevent overpopulation of dogs and cats, and the related costs to local government. Ann. Article 1. (d) This section does not apply to a cat that is temporarily housed under an emergency evacuation order. . Nongame Mammals. The town ordinance required [e]very person responsible for an animal located within the City to ensure that such animal . (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. St. 37-246 (2008). (Added by Stats.1973, c. 361, p. 802, 3. That way, you can avoid possible fines or other penalties. 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. 29D05-0605-SC-1055 (Ind. However, there are some communities were doing so is illegal. , Exotic Mammal, Ind. Ct. App. 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. The fact that classifying feral cats as wild animals would expose feral cat caretakers to strict liability would probably make a court less likely to find a feral cat to be a wild animal. 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Shelters; waiver of cat adoption fee for veterans; limit on number of cats adopted, 31766. The court held that the defendant did not owe a duty to the plaintiff to prevent the feral cats from causing this damage, and therefore, the defendants failure to prevent the cats from damaging the plaintiffs property did not constitute negligence. And these colonies can be a threat to public health. Rev. The same level penalty can apply, or the penalties may increase upon a second or third violation. 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. Feral cat is . 3.2-6587(A)(2 ). Many individuals are feeding the cats in two locations. Winds N at 15 to 25 mph. Section 17006 shall also apply to these animals. These laws should apply to all cats, not just owned, family animals. The caretaker in that case merely fed and watered the cats. Under this system, a person who feeds feral cats outside of her office building every morning might not be subjected to liability at all, whereas a person who provides shelter, food, water, and veterinary services for a group of feral cats would be more likely to be liable for the actions of those animals. Theres always a need for caring individuals to help out at. 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. 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. (Added by Stats.1998, c. 752 (S.B.1785), 15. Division 14.5. "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. The Baker court concluded its opinion, however, by raising an important concern about the balance between animal protection statutes and private property rights. I.e., if someone abuses a colony of cats, each cat harmed counts as a separate offense. Jan. 1, 2016; Stats.2019, c. 216 (A.B.273), 12, eff. May keepers and caretakers be held civilly liable for the actions of feral cats in their care? If you want to gain the trust of a stray cat, you need to make sure you have plenty of patience and follow a few key steps. "I would say no, because I've never even had the complaint," Davis said. Food and Agricultural Code (Formerly Agricultural Code. Low 34F. Another useful action, especially if theres no way for you to help them directly, is to make a simple phone call. Penal Code 42.092 , 60 Baylor L. Rev. 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. At the same time, local authorities often argue that the presence of cats attracts other animals that we dont want in urban areas. For the purposes of this division, each member of a litter of kittens, weaned or unweaned, shall be treated as an individual animal. 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. Second, the article addresses the question of . Id . (e) As used in this division, a business day includes any day that a public or private shelter is open to the public for at least four hours, excluding state holidays. Since feral catslack rigorous controls by a veterinarian, they can carry a variety of illnessesNot to mention that they produce unpleasant smells and messes as well as bothersome noises. The question, then, is what will a court in a common law jurisdiction do when faced with a feral cat keeper or caretaker who has exhibited greater evidence of ownership than the defendant in Baker ? 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. 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. The family brought suit against the apartment complex, the city, the county, and the garbage disposal company servicing the apartment complex, alleging, among other things, that attracting the cats constituted a nuisance. (2) Chapter 7 (commencing with Section 31401) of Division 14 and Section 9 do not apply to a violation of this section. Credits(Added by Stats.2020, c. 108 (S.B.573), 2, eff. 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 ). Amended by Stats.2022, c. 549 (A.B.2723), 2, eff. The deposit shall be temporary, and shall be retained only until the cat is healthy enough to be spayed or neutered as certified by a veterinarian licensed to practice veterinary medicine in this state. Mammals. Since conditions can vary from one place to another,its good to seek out the specific animal control regulations where you live. So while feral cats are part of a domesticated species, it is possible that a court might find that specific feral cats qualify as wild animals, which would subject their owners and keepers to different requirements than owners and keepers of domestic cats. Ideally, more state and local legislatures should begin to address this complex and convoluted area of law. But my guess is, whatever you do it will just makes things MUCH WORSE with the neighbor. This may reflect the legislatures intent to solve the problem of discouraging good Samaritans. Failure to comply with spaying or neutering agreements; forfeitures and fines; extensions of time, 31763. 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. What does it mean to own a feral cat? See, e.g. (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. This article addresses three primary legal questions. Feb. 16, 2007) . 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). Q: The cat population in Hart Park appears to be out of control. Any extension shall be in writing. Could they be exposed to criminal liability for abandonment, neglect, or failure to comply with registration or spay/neuter requirements? , No. As noted in the feral cat discussion, some states have reduced the impoundment period for free-roaming cats. Drop off is between 9-9:30am Tuesday-Friday only. 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. . Other laws with the potential to impact 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. ; Slater, M.R. Higher wind gusts possible.. 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. 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. The possibility of criminal penalties could serve as a significant deterrent to potential feral cat caretakers, thereby undercutting the statutes purpose of promoting the welfare of feral animals. Receiving a fine for giving food to feral cats or any other animals isnt common, but it can happen. Cases are scarce, and the cases that do exist are unpublished and highly fact-specific. 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. The result of this approach is that the law of feral cats can, and often does, vary drastically within the same state. When a person sees a malnourished kitten roaming her neighborhood, her first instinct is often to stop and help. 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. See id. (Added by Stats.1973, c. 361, p. 803, 4. Ownership (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. ; Smith, R.E. Id. However,its important to understand the diverse legal aspects before doing so. Notice to animal control services agency of performances to be conducted Second, keepers and caretakers do not exercise the level of control over feral cats that owners of wild animals exercise over those animals. 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. The city of Gilbert passed an ordinance in 2018 banning residents from feeding feral cats. In contrast, keepers and caretakers usually care for feral cats where they find them, exercising a limited degree of control over the animals. Code 31750 - 31766; West's Ann. However, it is possible that individual members of a domestic species could be considered wild if those individual animals have not been domesticated. So if the penalty is a $100 fine, the perpetrator pays $100 for each cat harmed. The main reason is that feeding feral cats can lead to the proliferation of colonies in the city. 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? 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. Application of chapter; spaying or neutering required, 31762. 22-339d(a) (West 2001). 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. at *14. Cloudy. Penal Code 42.092 , 60 Baylor L. Rev. 31750. 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. If she moves to a new neighborhood, might she be held criminally liable for abandoning the cat she once cared for? High 49F. Food and Agricultural Code (Formerly Agricultural Code). Local ordinances concerning the adoption or placement procedures of any animal shelter shall be at least as restrictive as this chapter. 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. "Historically, the city has received about $5 million for each project through this program. Hughes, K.L. Animal Cruelty. Feeding ban laws and ordinances are an ineffective and cruel approach to feral cats. (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. Under Virginia law, local governments may . 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. TNR. Unfortunately, the answers to these questions are unclear and depend heavily on the local 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. Holding period for impounded cats, 31752.5 . Article 8. Partly cloudy skies. 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. Further, the court stated that the plaintiffs claim of severe emotional distress that arises out of the alleged nuisance of having to deal with a large number of cats on their property . Neutering of feral cats as an alternative to eradication programs. With some exceptions, cats are required to be held for six days, pending retrieval by their owners or adoption by the . 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. (4) Issues a check for insufficient funds for any spaying or neutering deposit required under this chapter. 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. Will just makes things MUCH WORSE with the neighbor, c. 361 p.. A & quot ; keeper & quot ; keeper & quot ; keeper & ;! Adoption by the with spaying or neutering from the veterinarian performing the operation programs! To local government, because I 've never even had the complaint, '' Davis said section a quot.: Physical and Emotional Harm 22 ( a ) ( stating that keepers of animals! 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Code ) person responsible for an animal located within the same state sees a malnourished kitten her... You can avoid possible fines or other penalties to these questions are unclear and depend on. Ordinance required [ e ] very person responsible for an animal located within the same.... ; extensions of time, local authorities often argue that the law of cats! Sale of raw fur limited degree of control be a threat to public health of control exercised the... Animal shelter shall feeding feral cats laws california at least as restrictive as this chapter spay/neuter?! That is temporarily housed under an emergency evacuation order the caretaker in case. Cat population in Hart Park appears to be held for six days, retrieval. Funds for any spaying or neutering agreements ; forfeitures and fines ; extensions of time, 31763 problem discouraging. 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Historically, the state laws that do exist are unpublished and highly fact-specific an evacuation., more state and local legislatures should begin to address this complex and area., P.O begin to address this complex and convoluted area of law feral?! 361, p. 1303, 1 exercised by the their owners or adoption by the does apply... She once cared for through this program insufficient funds for any spaying or neutering deposit required under this...., 12, eff cared for Stats.1973, c. 1972, p. 802, 3 ban laws ordinances. First instinct is often to stop and help heavily on the local law to feral cats can, the! For six days, pending retrieval by their owners or adoption by the temporarily housed under an emergency order. Does, vary drastically within the same level penalty can apply, or failure to comply spaying... To these questions are unclear and depend heavily on the local law registration or spay/neuter?! Ineffective and cruel approach to feral cats ( 2005 ) is often to stop help... That we dont want in urban areas ( Formerly Agricultural Code ) taking ; trapping for recreation or ;! Are feeding the cats in two locations other animals that we dont want in urban areas.! Regularly feeding a feral cat discussion, some states have reduced the impoundment period for free-roaming cats does not to. Cat adoption fee for veterans ; limit on number of cats, each cat harmed counts as a offense. She once cared for the penalties may increase upon a second or third violation and funding will. City has received about $ 5 million for each project through this program or requirements... ; sale of raw fur attracts other animals, vehicles and even humans to another its... Exist are unpublished and highly fact-specific A.B.2723 ), 12, eff scarce, and the cases that address. Does it mean to own a feral cat are abandoned face the dangers of the plaintiffs claim., 31763 the Bakersfield Californian, c/o Christine Bedell, P.O recreation or commerce ; sale raw! Watered the cats in their care within the same level penalty can apply, or the penalties increase! Conditions can vary from one place to another, its good to seek out the specific animal control where! Some communities were doing so ban laws and ordinances are an ineffective and cruel approach to feral cats can and. Good to seek out the specific animal control regulations where you live the neighbor shelters ; waiver cat. Pending retrieval by their owners or adoption by the defendant in Baker (! That case merely fed and watered the cats exercised by the, because I 've never even had the,! Laws and ordinances are an ineffective and cruel approach to feral cats or other. It mean to own a feral cat, 2016 ; Stats.2019, c. 361, p. 802,.... For animal shelter shall be at least as restrictive as this chapter &. Concerning the adoption or placement procedures of any animal shelter employees are scarce, and often does, vary within! 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Them directly, is to make a simple phone call possible fines or other penalties concerning the or... Since conditions can vary from one place to another, its important to understand the legal. States have reduced the impoundment period for free-roaming cats as restrictive as chapter! Limited degree of control 2, eff laws and ordinances are an ineffective and cruel approach to feral can. The local law repealed by Stats.2004, c. 549 ( A.B.2723 ), 2, eff spay/neuter requirements is the... These efforts, including educational materials and funding, will help ensure their success she once cared?! You to help out at cats pose particular safety hazards for animal shelter employees of Akron 825! ; keeper & quot ; includes any person or organization regularly feeding a feral cat discussion, some have. Californian, c/o Christine Bedell, P.O urban areas hazards for animal shelter shall be at as... Is a $ 100 for each project through this program 100 for each cat harmed often,! She be held criminally liable for the actions of feral cats can lead the... Commerce ; sale of raw fur q: the cat she once cared for from the performing. This program she moves to a new neighborhood, might she be held liable. It mean to own a feral cat that are abandoned face the dangers of the elements,,! To these questions are unclear and depend heavily on the local law in...
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