(2) Provides to a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group or a licensed veterinarian inaccurate information regarding ownership of any cat required to be submitted for spaying or neutering under this chapter. (a) No person shall feed or in any manner provide food for one or more non-domesticated mammalian predators. What does it mean to own a feral cat? Since conditions can vary from one place to another,its good to seek out the specific animal control regulations where you live. In general, though, these state laws are strictly definitional. Other laws with the potential to impact What, then, is the answer to the question of whether feral cat keepers and caretakers are the animals' owners? (b) A public animal shelter may limit the number of cats adopted from that public animal shelter pursuant to this section to one cat each six-month period. (4) For purposes of subparagraph (B) of paragraph (1), an owner reclaiming a cat or new owner receiving a cat is not required to register the cat's microchip number with a microchip registry company that will use, without the owner's or new owner's consent, the personal information of the owner or new owner for purposes other than to reunite the owner or new owner with the cat. There is also a colony at the 24th Street/Kern River bridge. However, its important to look into the local laws where you live, including laws that may apply to your specific community or neighborhood. While in some places its illegal to feed stray animals, that doesnt mean we cant look for other ways to help them. ), 31751.7. Regulation of Cats. Nongame mammal defined; possession and taking; trapping for recreation or commerce; sale of raw fur. It is important to note, however, that very few cases have addressed the issue of civil liability for feral cat keeping or caretaking. Neutering of feral cats as an alternative to eradication programs. This interpretation of the law may be further supported, however, by the fact that state and local governments found it necessary to enact feral cat legislation in the first place. ), 31753. 32.1302 Food Left Outside for Any Animal During Certain Hours. ; Smith, R.E. Control agencies, shelters, or rescue groups; spaying or neutering requirements, 31751.4. Ctenocephalides felis, regularly infest dogs, cats and opossums in Southern California. "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. (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. McElroy v. Carter , No. If the adopter or purchaser presents proof of spaying or neutering to the entity from which the cat was obtained within 30 business days, the adopter or purchaser shall receive a full refund of the deposit. 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. 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. 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. at 96667. ), 31754. 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. (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. There's no federal law that prohibits feeding stray cats or any other type of animal. Licensed cattery; exemption from tag requirement. Generally, the period of retention for an owner to reclaim his or her pet is between 72 hours and ten days. The caretaker in that case merely fed and watered the cats. Jan. 1, 2021. 31760. (a) A mammal occurring naturally in California that is not a game mammal, fully protected mammal, or fur-bearing mammal is a nongame mammal. Division 4. Code 14-8-2-87 (2009. Article 8. They typically do not care where the feral cat spends most of its time, they rarely try to confine it, and their interaction is generally limited to providing the animal with food and water. Its true that there are many individuals and organizations that are willing to help these defenseless animals. Nongame Mammals and Depredators. 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. (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). Fish and Game Code. Restatement (Third) of Torts: Physical and Emotional Harm. (4) The cat shall be spayed or neutered within 14 business days of that certification. Further, the statute provides that any refusal to permit any animal control officer to impound such cat shall be deemed evidence of ownership . (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. You have permission to edit this article. Holding period for impounded cats, (Added by Stats.1980, c. 1060, p. 3397, 2. If you are caught feeding coyotes, you could face jail time or a fine of up to $1,000. Besides the above, if youre passionate about animals and advocating for their well-being, why not volunteer? (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. The entity shall establish the amount of the deposit at the level it determines is necessary to encourage the spaying or neutering of cats. Unfortunately, animal abandonment is a growing problem. This subdivision is applicable within any county. required by law. The answers to these questions can vary widely depending on where the individual lives. Drop off is between 9-9:30am Tuesday-Friday only. 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. Beginning June 1, 2008: It is prohibited to feed or otherwise care for free-roaming cats or other animals at the RFS. Id. A non-domesticated mammalian predator shall include coyotes, raccoons, foxes, opossums, bears, mountain lions, and bobcats. . 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. . Also, if feeding wild animals is prohibited and the law doesn't clearly define feral cats as domestic animals, it should be addressed. (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. Cloudy. Feeding feral cats can not only have a negative impact on the environment and create health issues, it can also lead to potential criminal liability to the individual doing the feeding. The contents of My Animals are written for informational purposes. Jan. 1, 2020. (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) A public education program to reduce and prevent overpopulation of dogs and cats, and the related costs to local government. (For further discussion of general issues pertaining to feral cats and feral cat colonies, see Anthony B. Lacroix, Feral Cats , Animal Legal & Hist. Please log in, or sign up for a new account to continue reading. 22-339d(a) (West 2001). Ideally, more state and local legislatures should begin to address this complex and convoluted area of law. Nongame Mammals. Similarly, Delaware defines a keeper of a stray cat as any person who has possession of or control over the animal and has fed the cat for three or more consecutive days. That way, youll know just what the limits are when its time to act. Under this system, a person who feeds feral cats outside of her office building every morning might not be subjected to liability at all, whereas a person who provides shelter, food, water, and veterinary services for a group of feral cats would be more likely to be liable for the actions of those animals. We will do our best to find a second home for your pet. (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). 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. In another case, a New York state trial court held that a store owner could be liable for personal injuries caused by a stray or feral cat in the store. Amended by Stats.2004, c. 253 (S.B.1301), 9. 29D05-0605-SC-1055 (Ind. (2) The entity shall establish the amount of the deposit at the level it determines is necessary to encourage the spaying or neutering of cats. Virginias comprehensive animal statute is a clear illustration of how a caretaker might be exposed to criminal liability for failure to comply with registration and spay/neuter requirements. Article 1. (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. . Winds N at 15 to 25 mph. 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. Subject to some limitations, a person typically owns an animal when she has possession over it (for wild animals, ownership is subject to obtaining proper title from the state; for domestic animals, ownership is often subject to the property interest of the animals prior owner). at *14. "If a temporary or permanent home cannot be found, owners can always bring their pet to any of the Kern County Animal Control shelters in Bakersfield, Mojave and Lake Isabella. 3.2-6587(A)(2 ). Feb. 16, 2007). 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. In this section a "keeper" includes any person or organization regularly feeding a feral cat. 510 I.L.C.S. Only thirteen states and the District of Columbia have enacted statutes that mention feral cats, and none of those statutes directly address liability. See David Favre & Murray Loring, Animal Law 7 (1983); see also Eyrich v. Earl , 495 A.2d 1375, 1377 (N.J.Super. High 49F. A rabbit, guinea pig, hamster, potbellied pig, bird, lizard, snake, turtle, or tortoise that is legally allowed as personal property and that is impounded in a public or private shelter shall be held for the same period of time, under the same requirements of care, and with the same opportunities for redemption and adoption by new owners or nonprofit, as defined in Section 501(c)(3) of the Internal Revenue Code,1 animal rescue or adoption organizations as provided for cats and dogs. Jan. 1, 2016; Stats.2019, c. 216 (A.B.273), 12, eff. (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. (Stats.1957, c. 456, p. 1382, 4151. It is certainly plausible, then, that a feral cat caretaker in Virginia could be required to comply with the same requirements imposed on owners of domestic cats. 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. After registering with the municipality, the feral cat keeper must vaccinate and sterilize the cats in her care. There are many other things you can do to contribute to the well-being of stray animals and your community in general. See id. ), 31751.5. 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. Consequently, feral cats do not fall under any authority or jurisdiction within our public institutions. Regulation of Cats Generally. 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. Feral cats per se are an admission of society's failure in the process of domesticating cats. Detailed Discussion of Feral Cat Legal Issues. Licensed cattery; exemption from tag requirement, 31751.7 . , 825 N.E.2d 189, 676 n.1, 686 (Ohio Ct. App. (4) Issues a check for insufficient funds for any spaying or neutering deposit required under this chapter. 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. Fiori v. Conway Org. (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. But taking care of a stray has a price under state law. 3907 . , No. 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. Ownership Id. In Baker , the defendant fed and watered four cats that lived in the neighborhood. The city of Gilbert passed an ordinance in 2018 banning residents from feeding 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. Ask The Californian: Is it illegal to feed feral cats? Many people, even with the best of intentions, give cats food that isnt suitable for them. At least one other state, however, has taken a different approach. This site is not a law firm and cannot offer legal advice. As discussed above, the issue in Baker required the court to interpret a feral cat ordinance . Please log in, or sign up for a new account and purchase a subscription to continue reading. Chapter 3. California CA Food & Ag Code 31752.5 Regulation of cats - . In todays article, well tell you why feeding stray cats can be harmful and sometimes even illegal. In that sense, they are unlikely to pose a serious threat to humans, and any risk that they do pose is likely to be understood by the general public. Giving food to stray cats may seem like a noble gesture at first sight. 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