West's Ann. Other laws with the potential to impact (b) Any person who provides false information pursuant to this subdivision about his or her ownership of the cat shall be liable to the true owner of the cat in the amount of one thousand dollars ($1,000). 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. Under the Texas Animal Health and Safety Code, "custody" includes responsibility for the health, safety, and . (4) The cat shall be spayed or neutered within 14 business days of that certification. Control agencies, shelters, or rescue groups; spaying or neutering requirements. (Added by Stats.1973, c. 361, p. 803, 4. 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. Special Provisions Applicable to Counties with a Population of Less Than 100,000 Persons. Cal. 76-9-301 . (2) Chapter 7 (commencing with Section 31401) of Division 14 and Section 9 do not apply to a violation of this section. Finally, the court dismissed the plaintiff's trespass claim for lack of evidence. As discussed below, this diminished level of control makes it difficult to determine how feral cat ownership should be determined in common law jurisdictions. (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. There are several reasons behind it being a bad ideaand sometimes illegalto feed strays. 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. 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.". There is a California law that makes abandoning an animal a crime. 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). Once more,its extremely important to check into local animal control ordinances. In todays article, well tell you why feeding stray cats can be harmful and sometimes even illegal. Pickup is the same day beginning at 3:30-4:00p.m. 32.1302 Food Left Outside for Any Animal During Certain Hours. A: There's a prohibition in the city of Bakersfield, but not in unincorporated areas of Kern County. These statutes comprise California consolidated cat laws. 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. (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. 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. 2023 Michigan State University College of Law. 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. 29D05-0605-SC-1055 (Ind. Rather, they typically authorize local governments to enact their own ordinances. (3) Some people care for or own feral cats. "There is a California law that prohibits the abandonment of animals PC 597s (a): 'Every person who willfully. Feral Cats and the Law Cats and Wildlife > Cats and Predation Where have all the birds gone? 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. (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. Isn't there a city ordinance forbidding feeding feral animals? (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. However, at least two sources, the Baylor Law Review article and Baker ,indicate that courts and juries may be unwilling to afford protection to feral cats or assign responsibilities to their caretakers when those rights and responsibilities have not been explicitly outlined by a statute or local ordinance. Penal Code 42.092 , 60 Baylor L. Rev. 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. Although feral cats do not necessarily fit within the common understanding of domestic animal ownership either, the ordinary liability imposed on domestic animal owners does not present the significant policy problems raised by strict liability. 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. Dec. 14, 2001) . Please log in, or sign up for a new account to continue reading. Generally, the state laws that do address these issues do not create substantive guidelines. Restatement (Third) of Torts: Physical and Emotional Harm. "Historically, the city has received about $5 million for each project through this program. Only thirteen states and the District of Columbia have enacted statutes that mention feral cats, and none of those statutes directly address liability. The cats also urinated and defecated in the crawl space of the home. (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. Amended by Stats.2004, c. 253 (S.B.1301), 9. ), 31751.5. The entity shall establish the amount of the deposit at the level it determines is necessary to encourage the spaying or neutering of cats. 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, or humane society shelter. (Stats.1957, c. 456, p. 1382, 4151. Part 3. If your town is considering a feeding ban proposalor you've been threatened with or given a citation related to a feeding ban ordinance already in placewe know that you are in a difficult situation and facing difficult decisions about caring for cats. Repealed by Stats.1985, c. 1290, 2, 31751.3 . The Tennessee Court of Appeals recently held that a cat's owner did not owe a duty to prevent her cat from trespassing on her neighbor's property. Hart Park is within county jurisdiction. 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. at 2. 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. Repealed by Stats.1999, c. 81 (A.B.1482), 1, operative July 1, 2000. (2) Feral cats are cats with temperaments that are completely unsocialized, although frightened or injured tame pet cats may appear to be feral. In the case of any doubt, it's best to consult a trusted specialist. The limited funding that the state has is then appropriated to the top ranking projects. Will she consider the possible rights and responsibilities that might arise from her caretaking? 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. Ct. App. 3907 . (3) If the owner, at any time subsequent to 30 business days after the spaying or neutering agreement was signed, provides proof of spaying or neutering, the deposit shall be forfeited, but any fine levied but not yet paid, shall be waived. (B) Forfeited to the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group if proof of spaying or neutering is not presented to the animal shelter within 30 business days. Jan. 1, 2023.). 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. Fish & G. Code 4150 - 4151, CA FOOD & AG 31750 - 31766; CA FISH & G 4150 - 4151. The Baker court concluded its opinion, however, by raising an important concern about the balance between animal protection statutes and private property rights. Here are some of the most common sections of local laws that commonly affect cats. Generally, the period of retention for an owner to reclaim his or her pet is between 72 hours and ten days. 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. . 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. In general, though, these state laws are strictly definitional. 3.2-6524(B) . I suspect that people have been abandoning strays knowing that they would be fed. 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. According to one source, the law in Texas prohibiting cruelty to animals did not specifically protect feral cats until 2007. (b) An animal control officer, humane officer, police officer, peace officer, or any agency authorized to enforce the Penal Code may write citations with a civil penalty stated in an amount corresponding to the violation as provided in subdivision (a). Theres always a need for caring individuals to help out at. Legislative findings and declarations, 31753 . 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. 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. ), 31753. Maines animal welfare law is structured in much the same way, although it requires an individual to feed an animal for ten consecutive days before she becomes a keeper and, by extension, an owner. to what extent can a caretaker be liable for tort damages caused by feral cats? (Added by Stats.1998, c. 747 (A.B.1856), 7, operative Jan. 1, 2000. Amended by Stats.1985, c. 1290, 3. Similarly, some states classify feral cat caretakers as owners and further require owners to spay and neuter their pets or immunize them against rabies. Drop off is between 9-9:30am Tuesday-Friday only. (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). Chapter 1. (b) A person is subject to the civil penalties pursuant to subdivision (a) if that person does any of the following: (1) Falsifies any proof of spaying or neutering submitted for the purpose of compliance with this chapter. (2)(A) Notwithstanding paragraph (1), a kitten under eight weeks of age that is reasonably believed to be unowned may be available immediately for adoption beginning on the day on which the kitten is seized, taken up, or impounded, through the entire holding period. 6.1.803 Obstructing officers unlawful. Many state and local governments have not directly addressed the issues of ownership and responsibility related to feral cats. Higher wind gusts possible.. 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. Providing resources to facilitate these efforts, including educational materials and funding, will help ensure their success. Chapter 2. With some exceptions, cats are required to be held for six days, pending retrieval by their owners or adoption by the . Select from the 0 categories from which you would like to receive articles. Alley Cat Allies supports laws mandating that animal pounds and shelters spay or neuter impounded animals prior to releasing them to an adopter. 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 least one other state, however, has taken a different approach. May keepers and caretakers be held civilly liable for the actions of feral cats in their care? 2023 Michigan State University College of Law. But taking care of a stray has a price under state law. "The city will continue to monitor the situation and will investigate future funding opportunities.". "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.". 3.2-6500 . Zaunbrecher, K.I. Id. 3.2-6587(A)(2 ). Feral cats do not fit neatly within the common law categories of animal ownership. Anyone who abandons animals at any location in the county is included. The answer to this question is likely to depend on the degree of control that the individual exercises over the cats. at 98384, 98890. The trial court granted summary judgment for the defendants, but the appellate court rejected the trial courts analysis of the plaintiffs nuisance claim. at 26. (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). Nonspayed or unneutered cats; fines, 31752 . 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. 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. West's Annotated California Codes. Ctenocephalides felis, regularly infest dogs, cats and opossums in Southern California. (2) An animal control officer, humane officer, police officer, peace officer, or any agency authorized to enforce the Penal Code may write citations with a civil penalty stated in an amount corresponding to the violation as provided in Section 31763. Many people, even with the best of intentions, give cats food that isnt suitable for them. 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. Among the provisions include possession requirements for non-domestic cats, vaccination and impound procedures for domestic cats, and legislative policy statements about feral cats. , 746 N.Y.S.2d 747, 750 (N.Y. App. Unfortunately, animal abandonment is a growing problem. 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. And these colonies can be a threat to public health. Enforcement 6.1.801 Entry on premises to seize and impound animals. 2, 2007) (pdf file - 628.01 KB). Ct. Mar. The cat allegedly scratched the paint on the neighbor's truck, but because this kind of property damage was not reasonably foreseeable, the court held that the owner was not liable for any damages that her cat may have caused. Food and Agricultural Code (Formerly Agricultural Code). (4) Feral cats pose particular safety hazards for animal shelter employees. (a)(1) If a recipient fails to comply with the spaying or neutering agreement within 30 business days after the agreement is signed, the recipient shall forfeit the sterilization deposit and is subject to a fine pursuant to Section 31763. See David Favre & Murray Loring, Animal Law 7 (1983); see also Eyrich v. Earl , 495 A.2d 1375, 1377 (N.J.Super. Amended by Stats.2004, c. 253 (S.B.1301), 7.). Licensed cattery; exemption from tag requirement. But see Allen v. Cox , 942 A.2d 296, 304 (Conn. 2008) (holding that when a cat's owner knows that the cat has a propensity to be violent, the owner may be liable for reasonably foreseeable injuries caused by the cat's aggressive behavior). This may reflect the legislatures intent to solve the problem of discouraging good Samaritans. The court found that the total amount of damage caused by the cats to the plaintiff's property was approximately $2000. Arguably, the Texas statute already protected feral cats, since it protected domesticated animals. However, the failure to explicitly include feral animals in the definition of domesticated animals apparently compelled an interpretationat least in the minds of many jurors and legislatorsthat those animals were excluded from the law's protection. 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. According to different laws and regulations around the country,feeding stray cats is a problem for neighbors. A nongame mammal may not be taken or possessed except as provided in this code or in accordance with regulations adopted by the commission. Theres no federal law that prohibits feeding stray cats or any other type of animal. Regulation of Cats Generally. As noted in the feral cat discussion, some states have reduced the impoundment period for free-roaming cats. Also, if feeding wild animals is prohibited and the law doesn't clearly define feral cats as domestic animals, it should be addressed. Spayed or neutered cats; reduction in fee. Feral cat is . Bin 440, Bakersfield, CA 93302. My Animals A blog on tips, care and everything related to the world of animals. 2012 2023 . (c) This section shall remain in effect only until July 1, 2024, and as of that date is repealed. 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. 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. For the purposes of this division, each member of a litter of kittens, weaned or unweaned, shall be treated as an individual animal. Giving food to stray cats may seem like a noble gesture at first sight. 964, 97374 (Fall 2008) . Jan. 1, 2020. See David Favre & Murray Loring, Animal Law 7 (1983) . 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. Commission does not consider feral cats to be a wild mam-mal or wildlife species as defined in Chapter 37 of the Nebraska statutes (37-246, 37-247). (Added by Stats.1973, c. 361, p. 802, 3. (3) An agency, shelter, or group that does not have microchipping capability on location is not subject to the civil penalty described in this subdivision upon obtaining the agreement described in subparagraph (B) of paragraph (1) of subdivision (a). Jan. 1, 2021. and 3) feeding bans Excludes community cat sponsors and caretakers from definition of "custody" as defined in Sec. 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. Local ordinances; animal placement procedures, 31764.5. High 49F. (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. Although the plaintiffs attempted to trap the cats and bring them to animal control, the animal shelter ultimately told the plaintiffs that the shelter did not have room to house any more cats. There is also a colony at the 24th Street/Kern River bridge. . Since conditions can vary from one place to another,its good to seek out the specific animal control regulations where you live. 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. 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 city of Gilbert passed an ordinance in 2018 banning residents from feeding feral cats. Whenever a city or county requires cat license tags, any such 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. 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. C. G. S. A. 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 by new owners or released to nonprofit animal rescue or adoption organizations pursuant to this section. (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. (2) If the public or private shelter has fewer than three full-time employees or is not open during all regular weekday business hours, and if it has established a procedure to enable owners to reclaim their cats by appointment at a mutually agreeable time when the public or private shelter would otherwise be closed, the holding period shall be four business days, not including the day of impoundment. Nongame Mammals. Thus, when a statute or local ordinance explicitly defines the role and responsibility of a feral cat keeper or caretaker, it is important to look closely at the statute, ordinance, and any relevant case law to fully understand the risks, rights, and responsibilities associated with caring for feral cats. Of retention for an feeding feral cats laws california to reclaim his or her pet is between 72 Hours and ten days that! These state laws are strictly definitional control that the state laws are strictly definitional defecated in the County included! 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Will she consider the possible rights and responsibilities that might arise from her caretaking in.