It is important to note, however, that very few cases have addressed the issue of civil liability for feral cat keeping or caretaking. Nonspayed or unneutered cats; fines, 31752 . 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. The city of Gilbert passed an ordinance in 2018 banning residents from feeding feral cats. at 26. 3.2-6524(B) . As discussed above, feral cats do not fit neatly within the common law of animal ownership. (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. 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. Jan. 1, 2023.). Despite the significant, tangible benefits of community cat programs, and the trap-neuter-return (TNR) method of managing unowned free-roaming cats, these programs are sometimes challenged by opponents who raise questions about whether this progressive approach is sound public policy, or is "legal" under state and local law. Part of the difficulty in determining the default state of the law in the absence of a feral cat statute or ordinance arises from the fact that there are very few court decisions addressing issues related to feral cats. Chapter 1. No. First, how does feeding feral cats negatively impact the community? They do not address specific issues related to liability, but rather (1) help to resolve the problem of classifying feral cats and (2) enable local governments to enact their own solutions. Sept. 29, 2006) (holding that a domestic cat owner is not under a general duty to prevent property damage caused by the cat unless the damages were foreseeable). Any house cat (Felis domesticus) found within the limits of any fish and game refuge is a nongame mammal, unless it is in the residence of its owner or upon the grounds of the owner adjacent to such residence. Local ordinances concerning the adoption or placement procedures of any animal shelter shall be at least as restrictive as this chapter. 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. A further problem is the relatively limited degree of control exercised by the defendant in Baker . This site is not a law firm and cannot offer legal advice. 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. In the vast majority of jurisdictions, however, courts will have no guidance other than common law. The problem is the train crossings, the only place you can cross when a train is blocking the tracks is Highway 99. Second, keepers and caretakers do not exercise the level of control over feral cats that owners of wild animals exercise over those animals. 964 (Fall 2008) . The statute explicitly includes feral cats in its definition of companion animal. Va. Code Ann. Winds N at 15 to 25 mph. (b) Notwithstanding any other provision of this code or regulations adopted pursuant to this code, it is unlawful for any person to trap any nongame mammal for purposes of recreation or commerce in fur. Feeding strays isnt just an issue about the health and comfort of the citizens of a community. Div. 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. 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. What, then, is the answer to the question of whether feral cat keepers and caretakers are the animals' owners? No. (Added by Stats.1998, c. 752 (S.B.1785), 14. Rhode Island then allows local governments to implement permitting requirements for feral cat caretakers. (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. The plaintiff argued that a town ordinance and a county ordinance independently imposed a duty on the defendant to control the cats and prevent them from damaging the plaintiff's property. 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. The trial court granted summary judgment for the defendants, but the appellate court rejected the trial courts analysis of the plaintiffs nuisance claim. Ann. 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. 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. 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. Feral cat is . 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. My Animals A blog on tips, care and everything related to the world of animals. 2012 2023 . In short, we are in bad need of a couple of bridges over here, folks. . (a) A spaying or neutering deposit may be either of the following: (1) A portion of the adoption fee or other fees rendered in acquiring the cat, which will enable the adopter to take the cat for spaying or neutering to a veterinarian with whom the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group has an agreement that provides that the veterinarian will bill the shelter directly for the sterilization. The court accepted the plaintiff's claim that the aggressive tendencies of stray and feral cats pose certain risks that domestic housecats do not, especially when they are cornered by human. (3) A followup program to ensure that dogs and cats transferred by the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group are spayed or neutered in accordance with the agreement executed under subdivision (d) of Section 31760. "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 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. 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. The question, then, is what will a court in a common law jurisdiction do when faced with a feral cat keeper or caretaker who has exhibited greater evidence of ownership than the defendant in Baker ? While in some places its illegal to feed stray animals, that doesnt mean we cant look for other ways to help them. Code 14-8-2-87 (2009. Second, the article addresses the question of whether feral cat keepers or caretakers can be held civilly liable for the actions of feral cats. At common law, the answer to this question is unclear. Chapter 3. Among the provisions include possession requirements for non-domestic cats, vaccination and impound procedures for domestic cats, and legislative policy statements about feral cats. In this section a "keeper" includes any person or organization regularly feeding a feral cat. (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. The court further suggested that counties might resolve this problem by modifying their feral cat ordinances to require feral cat caretakers to notify neighbors of the colony's existence, the potential for damage from such a colony, and appropriate preventative measures that could be taken. Id. (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. 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. Journal of Applied Animal Welfare Science 2002, 5, 15-28. (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. Third, the article discusses the ways in which feral cat keepers or caretakers may be exposed to criminal liability for abandonment, neglect, or failure to comply with state or local animal ownership requirements. Alley Cat Allies supports laws mandating that animal pounds and shelters spay or neuter impounded animals prior to releasing them to an adopter. Simultaneously, this system would allow the casual good Samaritan to feed a feral cat without fear of liability. The letter shall include a description of the cat. (Added by Stats.1998, c. 747 (A.B.1856), 6.5, operative Jan. 1, 2000. As noted in the feral cat discussion, some states have reduced the impoundment period for free-roaming cats. To understand the varying approaches taken by each state, it is instructive to look at those states that authorize local governments to enact ordinances regulating feral cat ownership. Licensed cattery; exemption from tag requirement, 31751.7 . Rather, the cases look closely at evidence of ownership to determine whether the keeper or caretaker should be subject to liability. I suspect that people have been abandoning strays knowing that they would be fed. So if the penalty is a $100 fine, the perpetrator pays $100 for each cat harmed. Also, if feeding wild animals is prohibited and the law doesn't clearly define feral cats as domestic animals, it should be addressed. Feral cats per se are an admission of society's failure in the process of domesticating cats. Christman-Resch v. City of Akron , 825 N.E.2d 189, 676 n.1, 686 (Ohio Ct. App. Community cat spay/neuter surgeries are performed Tuesday-Friday by appointment. 2, 2007) (pdf file - 628.01 KB). at 98384, 98890. 22-339d . 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. Fish & G. Code 4150 - 4151, CA FOOD & AG 31750 - 31766; CA FISH & G 4150 - 4151. 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