also survives summary adjudication. Thus, the appellate court partially reversed the trial courts grant of summary judgment, holding that the defendants could, in fact, be liable under a nuisance theory for damages arising from actions that caused the presence of [a] large number of cats on Plaintiffs property. See i d. at *1, *56, *1314. (Added by Stats.1998, c. 747 (A.B.1856), 8, operative Jan. 1, 2000.). At common law, the answer to this question is unclear. ), 31752.5. "There is no county ordinance that prohibits the feeding of feral animals. 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. 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. Like Connecticut, Delaware, and Maine, Rhode Island states that any individual who permits a cat to habitually be or remain on or be lodged or fed within such persons property or premises qualifies as an owner. Nongame Mammals. Amended by Stats.1977, c. 1208, p. 4083, 10; Stats.2015, c. 154 (A.B.1527), 72, eff. Jan. 1, 2020. West's Annotated California Codes. This article addresses three primary legal questions. CA - Circus - 25989.1. at *14. 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. California CA Food & Ag Code 31752.5 Regulation of cats - . At the same time, local authorities often argue that the presence of cats attracts other animals that we dont want in urban areas. 2023 Michigan State University College of Law. Is it legal to feed feral cats in California? Feral. Generally, the period of retention for an owner to reclaim his or her pet is between 72 hours and ten days. This article addresses three primary legal questions. 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. (Added by Stats.1998, c. 752 (S.B.1785), 15. at 26. at 96667. Part of the difficulty in determining the default state of the law in the absence of a feral cat statute or ordinance arises from the fact that there are very few court decisions addressing issues related to feral cats. at 74850. Sept. 29, 2006) (holding that a domestic cat owner is not under a general duty to prevent property damage caused by the cat unless the damages were foreseeable). Birds and Mammals. Hughes, K.L. We will do our best to find a second home for your pet. 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. The majority of cases that have addressed liability for feral cat owners are unpublished decisions involving local ordinances, highlighting the impossibility of discerning a single set of guidelines for dealing with 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. 7 M.R.S.A. 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. 4150 . Despite endless campaigns to raise awareness, there are still humans that make the decision to abandon their pets. (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. 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. The plaintiff argued that a town ordinance and a county ordinance independently imposed a duty on the defendant to control the cats and prevent them from damaging the plaintiff's property. Since conditions can vary from one place to another,its good to seek out the specific animal control regulations where you live. 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. Chapter 2. See id. . (b) A public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group may extend the date by which spaying or neutering is to be completed at its discretion for good cause shown. In jurisdictions where feral cat keepers or caretakers are considered the cats' legal owners, keepers and caretakers may also be liable for damage caused by feral cats to property or persons. 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. 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. 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. ), 31752. 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 . , 825 N.E.2d 189, 676 n.1, 686 (Ohio Ct. App. If she moves to a new neighborhood, might she be held criminally liable for abandoning the cat she once cared for? 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. 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. "I would say no, because I've never even had the complaint," Davis said. 31750. . Legislative findings and declarations. Will she consider the possible rights and responsibilities that might arise from her caretaking? Journal of Applied Animal Welfare Science 2002, 5, 15-28. H028774, 2007 WL 495897 (Cal. Therefore, feral cats do not quite fit within the common understanding of domestic cat ownership. 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. (Added by Stats.1998, c. 752 (S.B.1785), 16.5, operative July 1, 2001. The adopter or purchaser shall obtain written proof of spaying or neutering from the veterinarian performing the operation. This may reflect the legislatures intent to solve the problem of discouraging good Samaritans. Nongame Mammals and Depredators. These important distinctions would explain why some states have specifically excluded feral cats from their statutory definitions of exotic or wild animals. There is a small fee to turn in your pet, $20 to help cover some of the cost of feeding and caring for your pet including vaccines if they are not up-to-date. . The cat shall be spayed or neutered within 14 business days of that certification. 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. At the same time, the level of control exercised by feral cat keepers and caretakers is often significantly less than the control exercised by an owner of a domestic housecat. 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. 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. (d) During the holding period required by this section and before the adoption or euthanasia of a cat impounded pursuant to this division, a public or private shelter shall scan the cat for a microchip that identifies the owner of that cat and shall make reasonable efforts to contact the owner and notify the owner that the cat is impounded and is available for redemption. The court noted that there was evidence presented to the trial court that the defendants had caused a large number of cats to be attracted to the area and frequent Plaintiffs backyard, thereby interfering with the plaintiffs use and enjoyment of their property. Its also something that can be harmful for the health of these animals themselves. (Added by Stats.2000, c. 567 (A.B.2754), 4. 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. "The application includes ranking the existing at-grade crossing on a formula that considers several aspects of the existing crossing. Id. Why is feeding stray cats a bad idea? The public or private shelter may enter into cooperative agreements with animal rescue or adoption organizations regarding rabbits that are equivalent to those cooperative agreements authorized in Section 31108 regarding dogs and Section 31752 regarding cats. Here are some of the most common sections of local laws that commonly affect cats. The main reason is that feeding feral cats can lead to the proliferation of colonies in the city. Nongame mammal defined; possession and taking; trapping for recreation or commerce; sale of raw fur. Renumbered 31751.3 and amended by Stats.1998, c. 747 (A.B.1856), 6, operative Jan. 1, 2000. There is no county law prohibiting the feeding of wild animals. We'll tell you want you need to know. Detailed Discussion of Feral Cat Legal Issues. 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. Cal. In general, though, these state laws are strictly definitional. 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 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. Repealed by Stats.1999, c. 81 (A.B.1482), 1, operative July 1, 2000. Thus, the most rational way to determine ownership of feral cats is to use a modified version of the legal regime for owners of domestic animals, in which courts look at the extent to which a particular keeper or caretaker has exercised control over a feral cat and then imposes limited liability in a way that reflects that level of ownership. Many local laws are punitive. ), 31751.6. (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. (B) If the agency, shelter, or group does not have microchipping capability on location, the agency, shelter, or group first obtains from the owner reclaiming the cat or new owner receiving the cat an agreement that requires the owner or new owner to present to the agency, shelter, or group, within the next 30 days, proof that the cat is microchipped as described in subparagraph (A). Unfortunately, the answers to these questions are unclear and depend heavily on the local law. Regulation of Cats Generally. They can't replace the diagnosis, advice, or treatment from a professional. 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. Winds light and variable. "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. We sometimes get stuck at the crossing for what seems like forever, and they do not split the train at 15 minutes to allow traffic through as they are supposed to, and one cannot always turn around in traffic. Birds and Mammals. The court found that the total amount of damage caused by the cats to the plaintiff's property was approximately $2000. David Favre & Murray Loring, Animal Law 8 (1983). (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. Section 17006 shall also apply to these animals. to what extent can a caretaker be liable for tort damages caused by feral cats? (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. Restatement (Third) of Torts: Physical and Emotional Harm. Any house cat (Felis domesticus) found within the limits of any fish and game refuge is a nongame mammal, unless it is in the residence of its owner or upon the grounds of the owner adjacent to such residence. These cats damaged the plaintiffs home, destroying insulation, a vapor barrier, and duct work. "Historically, the city has received about $5 million for each project through this program. Id. "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. Jan. 1, 2023.). (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. (Added by Stats.1973, c. 361, p. 803, 4. (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. (2) Chapter 7 (commencing with Section 31401) of Division 14 and Section 9 do not apply to a violation of this section. 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. Spayed or neutered cats; reduction in fee, 31751.6 . 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. Repealed by Stats.2004, c. 253 (S.B.1301), 10, 4150. (b)(1) Except as provided in Sections 17006 and 31752.5 and paragraph (2), stray cats shall be held for owner redemption during the first three days of the holding period, not including the day of impoundment, and shall be available for owner redemption or adoption for the remainder of the holding period. 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. Detailed Discussion of Feral Cat Legal Issues. Theres always a need for caring individuals to help out at. For the purposes of this division, each member of a litter of kittens, weaned or unweaned, shall be treated as an individual animal. This article addresses three primary legal questions. It seems to me that Gosford and at least one of the other roads in between Highway 99 could have a bridge to cut down on backed-up traffic. 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? Consequently, feral cats do not fall under any authority or jurisdiction within our public institutions. Giving food to stray cats may seem like a noble gesture at first sight. 964, 97374 (Fall 2008) . The public or private shelter may enter into cooperative agreements with any animal rescue or adoption organization. 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. Don't try to handle a feral cat. Council voted 6-0 last Wednesday night to pass an ordinance that makes it illegal for anyone . However, there are some communities were doing so is illegal. According to one source, the law in Texas prohibiting cruelty to animals did not specifically protect feral cats until 2007. So we would have to come up with the remaining money necessary to fund the project. Further, the statute provides that any refusal to permit any animal control officer to impound such cat shall be deemed evidence of ownership . Legislative findings and declarations, 31753 . Keep reading to discover more information on this issue and why its such a problem. Despite the fact that a feral cat ordinance was the controlling law in the case, the judge still held in favor of the defendant because that ordinance did not specifically create a duty owed by the defendant to the plaintiff. Chapter 3. Christman-Resch v. City of Akron , 825 N.E.2d 189, 676 n.1, 686 (Ohio Ct. App. 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. Regulation of Cats. ), 31751.5. (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). (For further discussion of general issues pertaining to feral cats and feral cat colonies, see Anthony B. Lacroix, Feral Cats , Animal Legal & Hist. (Formerly 31751, added by Stats.1970, c. 1303, p. 1303, 1. (Added by Stats.1998, c. 747 (A.B.1856), 6.5, operative Jan. 1, 2000. As discussed above, the issue in Baker required the court to interpret a feral cat ordinance . (Added by Stats.1998, c. 747 (A.B.1856), 7, operative Jan. 1, 2000. "However, if we receive a complaint and it's within a city park, we will either address it or refer it to the department (code enforcement) that would.". Higher wind gusts possible.. See id. Only thirteen states and the District of Columbia have enacted statutes that mention feral cats, and none of those statutes directly address liability. Amended by Stats.2004, c. 253 (S.B.1301), 6. 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. (3) An agency, shelter, or group may require proof that the cat is microchipped pursuant to paragraph (1) before releasing, adopting out, selling, or giving away the cat. Theres no federal law that prohibits feeding stray cats or any other type of animal. Mammals. Partly cloudy skies. Besides the above, if youre passionate about animals and advocating for their well-being, why not volunteer? 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. Amended by Stats.1999, c. 83 (S.B.966), 61; Stats.2000, c. 567 (A.B.2754), 5; Stats.2017, c. 740 (A.B.485), 1, eff. As discussed below, this diminished level of control makes it difficult to determine how feral cat ownership should be determined in common law jurisdictions. Chapter 3. There are many other things you can do to contribute to the well-being of stray animals and your community in general. Drop off is between 9-9:30am Tuesday-Friday only. A feral cat is totally unsocialized to people. What, then, is the answer to the question of whether feral cat keepers and caretakers are the animals' owners? Beginning June 1, 2008: It is prohibited to feed or otherwise care for free-roaming cats or other animals at the RFS. Under the Texas Animal Health and Safety Code, "custody" includes responsibility for the health, safety, and . (d) This section applies to each county and cities within each county, regardless of population. (Added by Stats.1998, c. 752 (S.B.1785), 14. (2) A kitten under eight weeks of age that is reasonably believed to be unowned and is impounded in a public or private shelter may, before the euthanasia of that animal, be made immediately available for release to a nonprofit, as defined in Section 501(c)(3) of the Internal Revenue Code, animal rescue or adoption organization if requested by the organization. In general, though, these state laws are strictly definitional. 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. Cases are scarce, and the cases that do exist are unpublished and highly fact-specific. High 49F. 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 Kyles , the plaintiffs were members of a family residing in a home located next to an apartment complex. Subject to some limitations, a person typically owns an animal when she has possession over it (for wild animals, ownership is subject to obtaining proper title from the state; for domestic animals, ownership is often subject to the property interest of the animals prior owner). 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. 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. Food and Agricultural Code (Formerly Agricultural Code. Could they be exposed to criminal liability for abandonment, neglect, or failure to comply with registration or spay/neuter requirements? 2005) . The entity shall establish the amount of the deposit at the level it determines is necessary to encourage the spaying or neutering of cats. C. G. S. A. 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. The town ordinance required [e]very person responsible for an animal located within the City to ensure that such animal . 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. When the city and county do plan to construct a grade separation project, the Greater Bakersfield Separation of Grade District submits an application to the state of California for funding. Amended by Stats.2004, c. 253 (S.B.1301), 7.). ), 31754. Any licensed cattery may be exempted pursuant to regulation or ordinance from any requirement to obtain a license tag for each cat within the cattery. ), 31751.3. West's Ann. 22-339d(a) (West 2001). Jan. 1, 2020; Stats.2022, c. 469 (S.B.856), 17, eff. Local ordinances; animal placement procedures, 31764.5. Fish and Game Code. A further problem is the relatively limited degree of control exercised by the defendant in Baker . In contrast, keepers and caretakers usually care for feral cats where they find them, exercising a limited degree of control over the animals. Will the kindhearted bystander wonder whether feeding the cat will cause her to become the cats legal owner? 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 ? 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. The Baker court concluded its opinion, however, by raising an important concern about the balance between animal protection statutes and private property rights. 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