Jan. 1, 2016; Stats.2019, c. 216 (A.B.273), 12, eff. . Ideally, more state and local legislatures should begin to address this complex and convoluted area of law. (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. The first problem is the question of whether feral cats are wild or domestic animals. Why is feeding stray cats a bad idea? Jan. 1, 2020. An animal is feral if it [e]xist[s] in a wild or untamed state, either naturally or having returned to such a state from domestication. The American Heritage Science Dictionary (Houghton Mifflin 2002). (2) Chapter 7 (commencing with Section 31401) of Division 14 and Section 9 do not apply to a violation of this section. (b) Except as otherwise provided in this chapter, no public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group shall sell or give away any cat that has not been spayed or neutered. (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). Will the kindhearted bystander wonder whether feeding the cat will cause her to become the cats legal owner? (a) Except as provided in Section 17006, any animal relinquished by the purported owner that is of a species impounded by public or private shelters shall be held for the same holding periods, with the same requirements of care, applicable to stray dogs and cats in Sections 31108 and 31752, and shall be available for owner redemption or adoption for the entire holding period. Chapter 1. My Animals A blog on tips, care and everything related to the world of animals. 2012 2023 . Holding period for impounded cats, (Added by Stats.1980, c. 1060, p. 3397, 2. . Since conditions can vary from one place to another,its good to seek out the specific animal control regulations where you live. (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. (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. C. G. S. A. The limited funding that the state has is then appropriated to the top ranking projects. We seek to change them into positive laws that save animals and meet the needs of cats, caregivers, owners, and the community at large. (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. Traffic goes crazy when the train blocks Wible, Akers, Stein, Ashe, Gosford and so on. 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. 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. Code 14-8-2-87 (2009 ); Wild Mammals, Defined, Neb. Q: The cat population in Hart Park appears to be out of control. See David Favre & Murray Loring, Animal Law 7 (1983); see also Eyrich v. Earl , 495 A.2d 1375, 1377 (N.J.Super. "I would say no, because I've never even had the complaint," Davis said. 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 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. 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. Under the Texas Animal Health and Safety Code, "custody" includes responsibility for the health, safety, and . This site is not a law firm and cannot offer legal advice. 3 Del. Ctenocephalides felis, regularly infest dogs, cats and opossums in Southern California. , 825 N.E.2d 189, 676 n.1, 686 (Ohio Ct. App. Plum officials have enacted a new law in order to discourage residents from taking care of feral cats. It is important to note, however, that very few cases have addressed the issue of civil liability for feral cat keeping or caretaking. Ask The Californian appears on Mondays. If you are caught feeding coyotes, you could face jail time or a fine of up to $1,000. Id. (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. Therefore, feral cats do not quite fit within the common understanding of domestic cat ownership. No. Local ordinances concerning the adoption or placement procedures of any animal shelter shall be at least as restrictive as this chapter. Neutering of feral cats as an alternative to eradication programs. Winds N at 15 to 25 mph. (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. We can help put people in touch with resources if they are looking to have their pet spayed or neutered and we urge the public to contact us at animalcontrol@co.kern.ca.us for more information or call Monday-Friday between 8 a.m. and 5 p.m. at 321-3000.". I.e., if someone abuses a colony of cats, each cat harmed counts as a separate offense. Birds and Mammals. This article addresses three primary legal questions. See id. Legislative findings and declarations. RI ST 4-24-3 . 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. 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. Control agencies, shelters, or rescue groups; spaying or neutering requirements. M2005-00414-COA-R3-CV, 2006 WL 2805141, at *6 (Tenn. Ct. App. St. 37-246 (2008). 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. Chapter 3. Feeding strays isnt just an issue about the health and comfort of the citizens of a community. "There is a California law that prohibits the abandonment of animals PC 597s(a): 'Every person who willfully abandons any animal is guilty of a misdemeanor.' In states and local jurisdictions where caretakers or keepers of feral cats are considered owners, it is quite possible that a feral cat caretaker could be subject to tort liability for trespass and nuisance claims. The fines shall be paid to the local municipality or public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group. Finally, the court dismissed the plaintiff's trespass claim for lack of evidence. 3.2-6524(B) . 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. Nonspayed or unneutered cats; fines. 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. In the case of any doubt, it's best to consult a trusted specialist. Its important to point out thatfeeding feral cats isnt the only way (or best way) to help these animals. Jan. 1, 2020. Feral cat is . If a cat has a preexisting microchip or there is reasonable proof of ownership, the agency, shelter, or group shall document and retain a record of all efforts made to contact the microchip's primary registrant or other demonstrated owner for at least two years. 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. The court found that the total amount of damage caused by the cats to the plaintiff's property was approximately $2000. 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. 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. Detailed Discussion of Feral Cat Legal Issues. 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. As discussed above, feral cats do not fit neatly within the common law of animal ownership. If she moves to a new neighborhood, might she be held criminally liable for abandoning the cat she once cared for? 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? 3907 . M2005-00414-COA-R3-CV, 2006 WL 2805141, at *6 (Tenn. Ct. App. (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. (Added by Stats.1998, c. 752 (S.B.1785), 15. Nongame Mammals. Rev. In fact, the court noted that Indy Feral's website, offered as an exhibit by the defendant, states that feral cats will become an even greater nuisance if they are not fed on a regular basis, since this will require to the cats to forage for food. (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. It could be foreseeable, then, that a stray or feral cat in a store could injure customers who came on the premises. 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? It is possible, then, that individuals who care for feral cats in these jurisdictions would not be required to comply with any of the requirements imposed on animal owners, nor would they be liable for any damages caused by the animals behavior. Penal Code 42.092 , 60 Baylor L. Rev. Food and Agricultural Code (Formerly Agricultural Code. "There is a California law that prohibits the abandonment of animals PC 597s (a): 'Every person who willfully. If an animal has never been owned or directly cared for by any human, then it may be classified as wild even if it is a member of a domesticated species. Generally, the period of retention for an owner to reclaim his or her pet is between 72 hours and ten days. Detailed Discussion of Feral Cat Legal Issues. The problem is the train crossings, the only place you can cross when a train is blocking the tracks is Highway 99. To ameliorate this problem, several states have enacted laws that modify this common law view of ownership and enable local governments to impose specific requirements on keepers and caretakers of feral cats. Special Provisions Applicable to Counties with a Population of Less Than 100,000 Persons. We will do our best to find a second home for your pet. Further, cases like Kyles are limited in their usefulness since they do not present a single, bright-line legal rule for determining ownership of feral cats. 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. 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. 5/2.16 . 29D05-0605-SC-1055 (Ind. 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. The trial court granted summary judgment for the defendants, but the appellate court rejected the trial courts analysis of the plaintiffs nuisance claim. Dec. 14, 2001) . Further, the statute provides that any refusal to permit any animal control officer to impound such cat shall be deemed evidence of ownership . The cat shall be spayed or neutered within 14 business days of that certification. 3.2-6500 . Feb. 16, 2007). 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