As noted in the feral cat discussion, some states have reduced the impoundment period for free-roaming cats. 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(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. 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. Detailed Discussion of Feral Cat Legal Issues. See David Favre & Murray Loring, Animal Law 7 (1983); see also Eyrich v. Earl , 495 A.2d 1375, 1377 (N.J.Super. The fact that classifying feral cats as wild animals would expose feral cat caretakers to strict liability would probably make a court less likely to find a feral cat to be a wild animal. Community cat spay/neuter surgeries are performed Tuesday-Friday by appointment. The statute defines a keeper as any person or organization, harboring, regularly feeding or having in his or its possession any feral cat. The law further clarifies that an individual is more likely to qualify as a keeper if she attempts to prevent an animal control officer from impounding feral cats. It could be foreseeable, then, that a stray or feral cat in a store could injure customers who came on the premises. (3) Some people care for or own feral cats. The cats also urinated and defecated in the crawl space of the home. Chapter 2. (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. So we talked to Maggie Kalar, a spokeswoman for the Kern County Animal Control Department, who told us: "There is no county ordinance that prohibits the feeding of feral animals. 4150 . By identifying particular, positive programssuch as TNR programsand explicitly exempting participants from the definition of owner, Illinois attempts to ensure that (1) fear of potential liability does not create a disincentive to participate in such a program, and (2) other individuals who might qualify as caretakers or keepers are held responsible for the actions. 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. (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. When to Separate a Kitten from Its Mother, Invasive Rats and Their Influence on Reef Fish, The Giant Golden-Crowned Flying Fox, the World's Largest Pollinator, One way to help cats or any other stray animals is to. 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. (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. Article 1. Keepers and caretakers provide a valuable service, and the law should not discourage these individuals from caring for animals in need. Of the judicial opinions written, most of them involve interpretations of feral cat ordinanceslike the one at issue in Baker further complicating the question of what happens when no such law exists. Div. ; Smith, R.E. 3907 . Traffic goes crazy when the train blocks Wible, Akers, Stein, Ashe, Gosford and so on. (4) Feral cats pose particular safety hazards for animal shelter employees. Cal. (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. (5) It is cruel to keep feral cats caged for long periods of time; however, it is not always easy to distinguish a feral cat from a frightened tame cat. Amended by Stats.2022, c. 549 (A.B.2723), 2, eff. The cat shall be spayed or neutered within 14 business days of that certification. 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. (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). [d]oes not become a public nuisance, does not run at large, and [d]oes not defecate on the property of another . The Baker court concluded its opinion, however, by raising an important concern about the balance between animal protection statutes and private property rights. Wild Mammals, Defined, Neb. At least one other state, however, has taken a different approach. (Added by Stats.1998, c. 747 (A.B.1856), 8, operative Jan. 1, 2000.). 7 M.R.S.A. Cases are scarce, and the cases that do exist are unpublished and highly fact-specific. (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. Local ordinances; animal placement procedures, 31764.5. See id. Journal of the American Veterinary Medical Association 1993, 203, 449-452. ), 31751.7. Division 14.5. 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. Under this regime, if a keeper or caretaker has given a feral cat food and water every day for several years and has provided the animal with periodic veterinary care, that person is more likely to be viewed as an ownerand subject to liabilitythan a person who has merely fed a feral cat once a day for six months. 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.". Generally, the period of retention for an owner to reclaim his or her pet is between 72 hours and ten days. Code 31750 - 31766; West's Ann. 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. 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. In this case, the city -- if the project ranked high enough and we received funding from the state -- would need on the order of $15 million in local funds for the project. . (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. 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) 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. Will the kindhearted bystander wonder whether feeding the cat will cause her to become the cats legal owner? (For further discussion of general issues pertaining to feral cats and feral cat colonies, see Anthony B. Lacroix, Feral Cats , Animal Legal & Hist. (4) The cat shall be spayed or neutered within 14 business days of that certification. (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. at *14. A: Arnold Ramming, an engineer in the Bakersfield Public Works Department, answered: "At this time, the city does not have plans to construct a grade separation at any of the crossings referred to in the question. This site is not a law firm and cannot offer legal advice. . Birds and Mammals. 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. 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. 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. There is also a colony at the 24th Street/Kern River bridge. Nonspayed or unneutered cats; fines. (a) Upon relinquishment of a cat to a public or private shelter, the owner of that cat shall present sufficient identification to establish his or her ownership of the cat and shall sign a statement that he or she is the lawful owner of the cat. (c) This section shall remain in effect only until July 1, 2024, and as of that date is repealed. (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. She did not provide shelter or veterinary care, and she never relocated or confined the animals. 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. ), 31751.5. 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. Part 3. Alley Cat Allies supports laws mandating that animal pounds and shelters spay or neuter impounded animals prior to releasing them to an adopter. The court went on to reject two alternative theories of negligence proffered by the plaintiff. The reasoning in these cases could be applied to feral cat keepers in caretakers in jurisdictions that consider keepers and caretakers to be owners. 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. For purposes of this subdivision, raw fur has the same meaning as defined in Section 4005. Feral Cats and the Law Cats and Wildlife > Cats and Predation Where have all the birds gone? Therefore, a notice requirement like that suggested by the Baker court would have to be drafted carefully to avoid creating a significant burden on potential feral cat caretakers. (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. 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. I have been told that notched ears means the felines have been spayed or neutered. In todays article, well tell you why feeding stray cats can be harmful and sometimes even illegal. With some exceptions, cats are required to be held for six days, pending retrieval by their owners or adoption by the . "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. Id. Repealed by Stats.1985, c. 1290, 2, 31751.3 . "Such a project would cost on the order of $20 million. 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. Division 4. (c) 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). Nonspayed or unneutered cats; fines, 31752 . Debunking the Myths and Misinformation: Cat Predation Why Eradication Methods Fail Handbook Download Cat Health & Supplies Health Care for Your Cat > Vaccines Wellness Vet Checkups Microchiping Nail Trimmings 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. However, you may be surprised to find out that experts advise against the practice of feeding feral animals. (Added by Stats.1998, c. 752 (S.B.1785), 14. This subdivision is applicable within any county. So we would have to come up with the remaining money necessary to fund the project. Second, the article addresses the question of whether feral cat keepers or caretakers can be held civilly liable for the actions of feral cats. According to one source, the law in Texas prohibiting cruelty to animals did not specifically protect feral cats until 2007. At the same time, local authorities often argue that the presence of cats attracts other animals that we dont want in urban areas. Journal of Applied Animal Welfare Science 2002, 5, 15-28. That way, youll know just what the limits are when its time to act. Since conditions can vary from one place to another,its good to seek out the specific animal control regulations where you live. (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). 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. at 26. 76-9-301 . David Favre & Murray Loring, Animal Law 8 (1983). 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