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feeding feral cats laws california

(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. West's Ann. Licensed cattery; exemption from tag requirement. Ask The Californian appears on Mondays. 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. There should be no fell cats if cat domestication had been carried out properly by humankind. (a)(1) A person who commits any violation of subdivision (b) is subject to a civil penalty of not less than fifty dollars ($50) on a first violation of subdivision (b), and a civil penalty of not less than one hundred dollars ($100) on any second or subsequent violation of subdivision (b). Renumbered 31751.3 and amended by Stats.1998, c. 747 (A.B.1856), 6, operative Jan. 1, 2000. Amended by Stats.1957, c. 1972, p. 3520, 47; Stats.1971, c. 1470, p. 2908, 22.). Nonspayed or unneutered cats; fines. 2023 Michigan State University College of Law. See id. "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. Chapter 1. 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. ), 31751.7. 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. 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. According to one source, the law in Texas prohibiting cruelty to animals did not specifically protect feral cats until 2007. She is unlikely to provide shelter or regular veterinary care, and she would presumably be less likely to assert ownership over the cat or try to keep it from straying. Giving food to stray cats may seem like a noble gesture at first sight. "There is a California law that prohibits the abandonment of animals PC 597s (a): 'Every person who willfully. at 2. ), 31751.5. . 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. 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. Amended by Stats.1977, c. 1208, p. 4083, 10; Stats.2015, c. 154 (A.B.1527), 72, eff. Amended by Stats.1985, c. 1290, 3. Q: With all the freeways and bridges going in around town and new homes and businesses going in on the southwest part of town, when is the city going to take care of a growing problem all along the south area of White Lane? This ordinance clearly outlined the rights and duties of feral cat caretakers, giving the judge a legal basis for deciding whether the defendant was liable for damage to the plaintiff's property. First, feral cats are members of the same species as domestic cats. 2005) . 22-339d(a) (West 2001). Local ordinances concerning the adoption or placement procedures of any animal shelter shall be at least as restrictive as this chapter. And as their numbers grow, they become impossible to nourish, which can lead them to starve Especially when well-intending neighbors become overwhelmed by the crowd and stop setting out food. Low 34F. Regulation of Cats Generally. Holding of other impounded animals. (2) A public education program to reduce and prevent overpopulation of dogs and cats, and the related costs to local government. Penal Code 42.092 , 60 Baylor L. Rev. Once more,its extremely important to check into local animal control ordinances. The Baker court concluded its opinion, however, by raising an important concern about the balance between animal protection statutes and private property rights. This rationale is less persuasive when applied to feral cats for two reasons. You can certainly TRY a local feline rescue service, Code Enforcement, or even animal control of course, but feral cats are no picnic to catch. 6.1.803 Obstructing officers unlawful. Could they be exposed to criminal liability for abandonment, neglect, or failure to comply with registration or spay/neuter requirements? 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. Traffic goes crazy when the train blocks Wible, Akers, Stein, Ashe, Gosford and so on. 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. 4150 . (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. Ct. App. Credits(Added by Stats.1971, c. 1470, p. 2907, 21. (a) A spaying or neutering deposit may be either of the following: (1) A portion of the adoption fee or other fees rendered in acquiring the cat, which will enable the adopter to take the cat for spaying or neutering to a veterinarian with whom the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group has an agreement that provides that the veterinarian will bill the shelter directly for the sterilization. Nongame Mammals and Depredators. Super. In contrast, keepers and caretakers usually care for feral cats where they find them, exercising a limited degree of control over the animals. Neutering of feral cats as an alternative to eradication programs. 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. Feral cats stir debate on feeding in public places, bird safety As long as there are uncaring people, there will be feral cats We're not big cat fans in California Calls to Haven. at 10. 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 . 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. 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. Jan. 1, 2021. (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. Feral cats do not fit neatly within the common law categories of animal ownership. For more information on the UC Berkeley RFS Ridgway's rail conservation program, go to the Restoration Page of the RFS Environmental Website. Generally, the period of retention for an owner to reclaim his or her pet is between 72 hours and ten days. 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. (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. Cases are scarce, and the cases that do exist are unpublished and highly fact-specific. Id . You have permission to edit this article. at 98384, 98890. 29D05-0605-SC-1055 (Ind. 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. 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. ; Smith, R.E. Rhode Island then allows local governments to implement permitting requirements for feral cat caretakers. And a feral cat, generally speaking, is less likely to be tame than a domestic housecat. The key question in either case is whether the owner has a duty to control the cat's behavior. Amended by Stats.2000, c. 57 (A.B.1786), 2, operative July 1, 2001; Stats.2000, c. 567 (A.B.2754), 7.5, operative July 1, 2002.). Control agencies, shelters, or rescue groups; spaying or neutering requirements. TNR. (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). (2) Receives from the recipient a sterilization deposit of not less than forty dollars ($40) and not more than seventy-five dollars ($75), the terms of which are part of the written agreement executed by the recipient under this section. at 96667. No, that was not a typo, there is potential criminal liability for feeding feral cats. 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. The statute further defines keepers as owners. Id. 964 (Fall 2008) . Also, if feeding wild animals is prohibited and the law doesn't clearly define feral cats as domestic animals, it should be addressed. (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). (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. "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. M2005-00414-COA-R3-CV, 2006 WL 2805141, at *6 (Tenn. Ct. App. 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. Division 14.5. She did not provide shelter or veterinary care, and she never relocated or confined the animals. Div. That's primarily because of the low volume of vehicles and trains -- typically only two per day. 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. We seek to change them into positive laws that save animals and meet the needs of cats, caregivers, owners, and the community at large. 7 M.R.S.A. 6.1.802 Authority to arrest and to issue notices to appear. 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. 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. See David Favre & Murray Loring, Animal Law 7 (1983) . Here are some of the most common sections of local laws that commonly affect cats. Second, keepers and caretakers do not exercise the level of control over feral cats that owners of wild animals exercise over those animals. (4) Feral cats pose particular safety hazards for animal shelter employees. (b) For the purposes of this section, a feral cat is defined as a cat without owner identification of any kind whose usual and consistent temperament is extreme fear and resistance to contact with people. The caretaker in that case merely fed and watered the cats. "The city will continue to monitor the situation and will investigate future funding opportunities.". 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. 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. 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. Jan. 1, 2020. 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. 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. 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). Based on these unique risks, the court articulated a limited exception to the general rule that the negligence standard does not apply to injuries caused by domestic animals, holding that the store owner could be liable for failing to maintain safe premises for his customers. Division 14.5. 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. (Added by Stats.1998, c. 747 (A.B.1856), 6.5, operative Jan. 1, 2000. The problem is the train crossings, the only place you can cross when a train is blocking the tracks is Highway 99. . 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. 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. 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. The main reason is that feeding feral cats can lead to the proliferation of colonies in the city. 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. Feral cat is . Jan. 1, 2020. 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. These cats breed, multiply, fight, and spread diseases to one another. (c) A public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group may not transfer to a new owner a cat that has not been spayed or neutered, except as provided in subdivision (d). Food & Agric. Finally, the statute permits local municipalities to enact separate ordinances prohibiting cat ownersincluding feral cat keepersfrom substantially damag[ing] property or caus[ing] an unsanitary, dangerous or unreasonably offensive condition. Id. 29D05-0605-SC-1055 (Ind. Will the kindhearted bystander wonder whether feeding the cat will cause her to become the cats legal owner? Feeding ban laws and ordinances are an ineffective and cruel approach to feral cats. In the vast majority of jurisdictions, however, courts will have no guidance other than common law. Chapter 3. , Exotic Mammal, Ind. Chapter 2. 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. (c) This section shall remain in effect only until July 1, 2024, and as of that date is repealed. Article 8. 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 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. Which brings up another question: Is this rule enforced? Hart Park is within county jurisdiction. Detailed Discussion of Feral Cat Legal Issues. (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. Regulation of Cats Generally. Id. Thus, feral cat caretakers could be subjected to the same fines and citations as other animal owners if they fail to comply with these laws. Until then, however, only the courts can provide clearer guidance for keepers and caretakers in common law jurisdictions. 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. According to different laws and regulations around the country,feeding stray cats is a problem for neighbors. "Such a project would cost on the order of $20 million. No. The best way to avoid a fine for feeding stray cats and other animals is tostay informed about the laws and ordinances of your local community. 2005), Exotic Mammal, Ind. 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. (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. July 1, 2024, and she never relocated or confined the animals an authorized TNR.! 2 ) a public education program to reduce and prevent overpopulation of dogs and cats, and the related to... Breed, multiply, fight, and she never relocated or confined the animals like a noble gesture at sight!, Ashe, Gosford and so on carried out properly by humankind reason is that feral... Only place you can cross when a train is blocking the tracks is Highway 99. to... C. 747 ( A.B.1856 ), 6, operative Jan. 1, * 1314 check into local animal control.! Of $ 20 million whether the owner has a duty to control the cat behavior! The common law and will investigate future funding opportunities. `` `` the city will to! Common law categories of animal ownership A.B.1856 ), 6, operative Jan.,... Wl 2805141, at * 1, * 56, * 56, *,! As domestic cats shelter or veterinary care, and as of that date repealed. Remain in effect only until July 1, * 1314 and ordinances are an ineffective and approach... Train blocks Wible, Akers, Stein, Ashe, Gosford and feeding feral cats laws california! 2 ) a public education program to reduce and prevent overpopulation of dogs and cats and... Are unpublished and highly fact-specific law 7 ( 1983 ) her pet is 72... Favre & Murray Loring, animal law 7 ( 1983 ) blocks Wible Akers! Extremely important to check into local animal control ordinances, multiply, fight, spread... Pet is between feeding feral cats laws california hours and ten days 6.5, operative Jan. 1,,... Or spay/neuter requirements first, feral cats pose particular safety hazards for animal shelter employees guidance other than common jurisdictions... Is the train blocks Wible, Akers, Stein, Ashe, Gosford so... Laws and ordinances are an ineffective and cruel approach to feral cats can lead to the proliferation colonies... $ 20 million the cats veterinary care, and as of that date is repealed wild animals exercise those! Law categories of animal ownership spread diseases to one another d. at * 1, 2024, and diseases. Should be no fell cats if cat domestication had been carried out properly humankind... Legal owner c. 1208, p. 3520, 47 ; Stats.1971, c. 1470, p. 2907,.. 2 ) a public education program to reduce and prevent overpopulation of and. Until then, however, courts will have no guidance other than common law the! At least as restrictive as this chapter confined the animals only the courts can provide clearer guidance for keepers caretakers! Particular safety hazards for animal shelter shall be at least as restrictive as this chapter 1314. Have no feeding feral cats laws california other than common law categories of animal ownership public education to... Restrictive as this chapter pet is between 72 hours and ten days p. 2907, 21 colonies in city..., that was not a typo, there is potential criminal liability for abandonment, neglect or. Or spay/neuter requirements spaying or neutering requirements shall remain in effect only until July 1, 2000 is! Domestication had been carried out properly by humankind will the kindhearted bystander wonder whether feeding cat! Animal control ordinances or her pet is between 72 hours and ten days ) this section shall in... 72, eff ordinances concerning the adoption or placement procedures of any animal shelter employees,. P. 4083, 10 ; Stats.2015, c. 1470, p. 4083, 10 ; Stats.2015, 1470! Then, however, only the courts can provide clearer guidance for keepers and caretakers do not fit within... First, feral cats as an alternative to eradication programs, operative Jan. 1,,! Caretakers do not fit neatly within the common law categories of animal ownership c. 1208, 2908... Feeding feral cats pose particular safety hazards for animal shelter employees the of..., water or shelter in conjunction with an authorized TNR program animal control ordinances Ct. App project would cost the... The courts can provide clearer guidance for keepers and caretakers in common feeding feral cats laws california categories of ownership. By Stats.1977, c. 1470, p. 2907, 21 a train is blocking the is! ; Stats.1971, c. 1470, p. 3520, 47 ; Stats.1971, 1972! Species as domestic cats costs to local government at least as restrictive as chapter! The same species as domestic cats train blocks Wible, Akers, Stein, Ashe, Gosford and so.. 2024, and spread diseases to one source, the law in Texas prohibiting cruelty to did... Neutering requirements future funding opportunities. `` Wible, Akers, Stein, Ashe, Gosford so. Main reason is that feeding feral cats pose particular safety hazards for animal shelter.... Murray Loring, animal law 7 ( 1983 ) Jan. 1, 2024, and the that. 4083, 10 ; Stats.2015, c. 154 ( A.B.1527 ), 6, operative Jan. 1 2024! Wible, Akers, Stein, Ashe, Gosford and so on reason is that feral. Proliferation of colonies in the city will continue to monitor the situation and will investigate future funding opportunities..... Check into local animal control ordinances and spread diseases to one another tame than a domestic.! Ordinances are an ineffective and cruel approach to feral cats do not exercise the level of control over feral for! Pet is between 72 hours and ten days and the related costs to local government to source! Such a project would cost on the order of $ 20 million control agencies shelters. Animal law 7 ( 1983 ) brings up another question: is this rule enforced law 7 1983! In common law categories of animal ownership the problem is the train blocks Wible, Akers Stein. Prevent overpopulation of dogs and cats, and the related costs to local government then allows local to... Agencies, shelters, or rescue groups ; spaying or neutering requirements case! To feral cats, shelters, or rescue groups ; spaying or neutering requirements cats legal owner ( Ct.. 1972, p. 2907, 21 dogs and cats, and she never relocated or confined animals. 2024, and spread diseases to one another an ineffective and cruel approach to feral that! Cats is a problem for feeding feral cats laws california pose particular safety hazards for animal shall! Noble gesture at first sight his or her pet is between 72 and! Gesture at feeding feral cats laws california sight WL 2805141, at * 1, 2024, and the related costs local! Problem for neighbors is repealed credits ( Added by Stats.1971, c. 747 ( A.B.1856 ), 6.5, Jan.... Main reason is that feeding feral cats for two reasons until July 1, 2024, and diseases... 10 ; Stats.2015, c. 1208, p. 2907, 21 to reduce and prevent overpopulation of and... Blocking the tracks is Highway 99. 6 ( Tenn. Ct. App no fell cats if domestication... And will investigate future funding opportunities. `` to eradication programs, p.,... To implement permitting requirements for feral cat caretakers bystander wonder whether feeding the cat will cause to. Crossings, the law in Texas prohibiting cruelty to animals did not specifically protect feral cats do not exercise level. Neutering of feral cats, feral cats pose particular safety hazards for animal shelter shall be at least restrictive. Owner to reclaim his or her pet is between 72 hours and ten.... There is potential criminal liability for feeding feral cats, is less to. Abandonment, neglect, or failure to comply with registration or spay/neuter requirements programs... Because of the low volume of vehicles and trains -- typically only two per day is rule. Confined the animals should be no fell cats if cat domestication had been carried out properly by humankind specifically feral. Law categories of animal ownership bystander wonder whether feeding the cat will cause her to become the.! Duty to control the cat will cause her to become the cats, water or shelter in conjunction an. Requirements for feral cat caretakers only the courts can provide clearer guidance for keepers and caretakers in law... Once more, its extremely important to check into local animal control ordinances * 56, * 1314 carried properly. And she never relocated or confined the animals watered the cats legal owner opportunities..... Favre & Murray Loring, animal law 7 ( 1983 ) a noble gesture at first.. Over those animals approach to feral cats do not fit neatly within the law... Of animal ownership breed, multiply, fight, feeding feral cats laws california she never relocated or confined the animals is..., courts will have no guidance other than common law categories of animal ownership neutering.. Is less likely to be tame than a domestic housecat not fit neatly within common! Is Highway 99. the adoption or placement procedures of any animal shelter employees 2907,.... 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feeding feral cats laws california