We hope that you continue to enjoy our free content. (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. First, how does feeding feral cats negatively impact the community? However, there are some communities were doing so is illegal. 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 ). 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 court rejected this argument because, as a factual matter, the record showed that a local organization returned the cats to the neighborhoodnot the defendant. Keep reading to discover more information on this issue and why its such a problem. Whenever a county, or a city that is within a county to which this chapter applies, requires cat license tags, the tag shall be issued for one-half or less of the fee required for a cat, if a certificate is presented from a licensed veterinarian that the cat has been spayed or neutered. While in some places its illegal to feed stray animals, that doesnt mean we cant look for other ways to help them. Ct. Mar. Is she subject to other ownership requirements, such as ordinances requiring registration or sterilization? Credits(Added by Stats.2020, c. 108 (S.B.573), 2, eff. Giving them a permanent home reduces the number of cats on the streets and this has a positive effect on all the areas we already mentioned. C. 8217 . "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. Licensed cattery; exemption from tag requirement. The city of Gilbert passed an ordinance in 2018 banning residents from feeding feral cats. Repealed by Stats.2004, c. 253 (S.B.1301), 10, 4150. 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. (4) The cat shall be spayed or neutered within 14 business days of that certification. The main reason is that feeding feral cats can lead to the proliferation of colonies in the city. 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. 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. So if the penalty is a $100 fine, the perpetrator pays $100 for each cat harmed. 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. (3) The deposit shall be temporary, and shall only be retained until the cat is healthy enough to be spayed or neutered, as certified by a veterinarian licensed to practice veterinary medicine in this state. H028774, 2007 WL 495897 (Cal. As a result, many criminal defendants who were arrested on animal cruelty charges were acquitted because their alleged crimes had been committed against feral animals. 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. 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? 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. Amended by Stats.1998, c. 752 (S.B.1785), 13, operative July 1, 1999; Stats.2000, c. 567 (A.B.2754), 3; Stats.2011, c. 97 (A.B.222), 5; Stats.2018, c. 194 (A.B.2791), 3, eff. and 3) feeding bans Excludes community cat sponsors and caretakers from definition of "custody" as defined in Sec. 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? The adopter or purchaser shall obtain written proof of spaying or neutering from the veterinarian performing the operation. Jan. 1, 2023.). Until then, however, only the courts can provide clearer guidance for keepers and caretakers in common law jurisdictions. Cal. (e) Public animal control agencies or shelters, society for the prevention of cruelty to animals shelters, humane society shelters, and rescue groups may enter into cooperative agreements with each other and with veterinarians in lieu of requiring spaying and neutering deposits to carry out this section. At common law, the answer to this question is unclear. Nonspayed or unneutered cats; fines. As discussed below, some individuals may be disinclined to care for feral cats if they believe that doing so may expose them to civil or criminal liability. (2) Chapter 7 (commencing with Section 31401) of Division 14 and Section 9 do not apply to a violation of this section. The reasoning in these cases could be applied to feral cat keepers in caretakers in jurisdictions that consider keepers and caretakers to be owners. at 2. When damage to property or persons is reasonably foreseeable, a court in these jurisdictions could impose civil liability on keepers and caretakers for breaching their duty to control the feral cats in their care. at 96667. Ann. The limited funding that the state has is then appropriated to the top ranking projects. As discussed above, the issue in Baker required the court to interpret a feral cat ordinance . 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. Legislative findings and declarations, 31753 . 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. (a)(1) Except as otherwise provided in subdivision (b), 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 to a new owner any cat that has not been spayed or neutered. 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. Ct. App. 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. As discussed above, feral cats do not fit neatly within the common law of animal ownership. There are many other things you can do to contribute to the well-being of stray animals and your community in general. 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. A wild animal is an animal that belongs to a category of animals that have not been generally domesticated and that are likely, unless restrained, to cause personal injury. Restatement (Third) of Torts: Physical and Emotional Harm 22(b) (2005) . When considering rules for managing stray or feral cats, it's best to keep in mind the following: Encourage residents who feed stray and feral cats to have the cats sterilized and vaccinated. 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. Could they be exposed to criminal liability for abandonment, neglect, or failure to comply with registration or spay/neuter requirements? When a person sees a malnourished kitten roaming her neighborhood, her first instinct is often to stop and help. Amended by Stats.2019, c. 7 (A.B.1553), 9, eff. 5/2.16 . 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. 3 Del. ; Smith, R.E. Jan. 1, 2020. (2) Notwithstanding subdivision (a), this section does not require a cat to be microchipped if the agency, shelter, or group receives a signed form from the owner reclaiming the cat or new owner receiving the cat that states that the cost of microchipping would impose an economic hardship for the owner or new owner. 22-339d(a) (West 2001). This article addresses three primary legal questions. Under Virginia law, local governments may . These cats damaged the plaintiffs home, destroying insulation, a vapor barrier, and duct work. (a) The owner of a nonspayed or unneutered cat that is impounded once by a city or county animal control agency or shelter, society for the prevention of cruelty to animals, or humane society, shall be fined thirty-five dollars ($35) on the first occurrence, fifty dollars ($50) on the second occurrence, and one hundred dollars ($100) for the third or subsequent occurrence. (5) The adopter or purchaser shall obtain written proof of spaying or neutering from the veterinarian performing the operation. So we would have to come up with the remaining money necessary to fund the project. 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. No. (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. Credits(Added by Stats.2019, c. 205 (S.B.245), 5, eff. Second, the article addresses the question of whether feral cat keepers or caretakers can be held civilly liable for the actions of feral cats. Division 14.5. This site is not a law firm and cannot offer legal advice. 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. Even in common law jurisdictions, the scarcity of published judicial opinions makes it difficult to determine what a judge will decide in a particular case. The Baker court concluded its opinion, however, by raising an important concern about the balance between animal protection statutes and private property rights. (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. See id. 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.". Will the kindhearted bystander wonder whether feeding the cat will cause her to become the cats legal owner? Food and Agricultural Code (Formerly Agricultural Code. 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. This rationale is less persuasive when applied to feral cats for two reasons. 2, 2007) (pdf file - 628.01 KB). Chapter 3. 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. In doing so, it is unlikely that the individual will carefully consider the legal ramifications of her actions before giving the cat food and water or bringing it into her garage to give it shelter from the cold. The letter shall include a description of the cat. Unfortunately, animal abandonment is a growing problem. Amended by Stats.2004, c. 253 (S.B.1301), 7.). (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. after obtaining older data from VDACS by filing public record requests under Virginia's sunshine laws, that of the 49,737 dogs and cats PETA received . (Added by Stats.1973, c. 361, p. 802, 3. 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. 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