California CA Food & Ag Code 31752.5 Regulation of cats - . ), 31754. 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. Fish and Game Code. That way, youll know just what the limits are when its time to act. See David Favre & Murray Loring, Animal Law 7 (1983) . If she moves to a new neighborhood, might she be held criminally liable for abandoning the cat she once cared for? Many state and local governments have not directly addressed the issues of ownership and responsibility related to feral cats. Concern for animal welfare is typically the driving force behind feral cat legislation, but it is important that animal welfare advocates adequately address the concerns of property owners who may be adversely affected by feral cat colonies. Jan. 1, 2021. Holding period; owner redemption, 31755. Jan. 1, 2016; Stats.2019, c. 216 (A.B.273), 12, eff. ; Smith, R.E. Keepers and caretakers provide a valuable service, and the law should not discourage these individuals from caring for animals in need. The key question in either case is whether the owner has a duty to control the cat's behavior. St. 37-246 (2008). 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. Second, keepers and caretakers do not exercise the level of control over feral cats that owners of wild animals exercise over those animals. (b) A public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group may extend the date by which spaying or neutering is to be completed at its discretion for good cause shown. 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. (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. Further, the statute provides that any refusal to permit any animal control officer to impound such cat shall be deemed evidence of ownership . at 26. ), 31752.5. 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. 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). 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. at 97374, 966. Simultaneously, this system would allow the casual good Samaritan to feed a feral cat without fear of liability. 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. (d) If an adopted cat dies within the spaying or neutering period provided for in the written agreement pursuant to Section 31760, subdivision (c) shall not apply to the cat. 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. Any licensed cattery may be exempted pursuant to regulation or ordinance from any requirement to obtain a license tag for each cat within the cattery. West's Ann. Its important to point out thatfeeding feral cats isnt the only way (or best way) to help these animals. 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, 2023.). "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. As noted in the feral cat discussion, some states have reduced the impoundment period for free-roaming cats. "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. The court further noted that the county ordinance appears to contemplate and accept the possibility that feral cats, once altered, will be returned to the colonies from which they were captured. ), 31752. 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, humane society shelter, or rescue group. When they do attempt to resolve these issues, judges and legislatures must take care to ensure that the legal regime they impose on feral cat keepers and caretakers is not overly burdensome. 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. 3 Del. Since conditions can vary from one place to another,its good to seek out the specific animal control regulations where you live. (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. Similarly, Kentucky has enacted a statute that states, [a]ny person with feral cats on his premises shall make a reasonable effort to capture or vaccinate the cats. KY ST 258.015 . There is also a colony at the 24th Street/Kern River bridge. Local ordinances; animal placement procedures, 31764.5. 32.1302 Food Left Outside for Any Animal During Certain Hours. H028774, 2007 WL 495897 (Cal. Further, it is a misdemeanor for a cat owner to fail to pay any license tax required by this chapter before February 1 for the year in which it is due. Va. Code Ann. Feeding strays isnt just an issue about the health and comfort of the citizens of a community. (b) Deposits shall be in the amount determined by the shelter, but shall not be less than forty dollars ($40) and shall not exceed seventy-five dollars ($75). 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. Chapter 2. Regulation of Cats Generally. Nongame Mammals. Detailed Discussion of Feral Cat Legal Issues. Mammals. This article addresses three primary legal questions. Id. 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. (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. The caretaker in that case merely fed and watered the cats. Fish and Game Code. I suspect that people have been abandoning strays knowing that they would be fed. 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. (5) The adopter or purchaser shall obtain written proof of spaying or neutering from the veterinarian performing the operation. Amended by Stats.2004, c. 253 (S.B.1301), 7.). . This would expose keepers and caretakers to liability for the actions of feral cats, but it is plausible that a court would limit the liability of those keepers and caretakers to reflect the more limited degree of control that they exercise over the cats. Also, if feeding wild animals is prohibited and the law doesn't clearly define feral cats as domestic animals, it should be addressed. 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. 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. There are many other things you can do to contribute to the well-being of stray animals and your community in general. KNXV Rodriguez has been providing food and water to feral cats in the area for 14 years, spending up to $100,000 to do so, he told KNXV. 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. Super. Holding of other impounded animals. Under Virginia law, local governments may . 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. See generally Jeremy Masten, Note, Dont Feed the Animals: Quesos Law and How the Texas Legislature Abandoned Stray Animals, a Comment on H.B.2328 and the New Tex. So if the penalty is a $100 fine, the perpetrator pays $100 for each cat harmed. 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. However, there are some communities were doing so is illegal. Under the Texas Animal Health and Safety Code, "custody" includes responsibility for the health, safety, and . When a person sees a malnourished kitten roaming her neighborhood, her first instinct is often to stop and help. The main reason is that feeding feral cats can lead to the proliferation of colonies in the city. While in some places its illegal to feed stray animals, that doesnt mean we cant look for other ways to help them. The question, then, is if a feral cat is not quite a wild animal and not quite a domestic animal, how will a court determine ownership? 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 After registering with the municipality, the feral cat keeper must vaccinate and sterilize the cats in her care. Their presence increases hygiene and health problems which are already an issue for society. (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. Don't try to handle a feral cat. Div., 1985) (stating that keepers of wild animals are strictly liable). Penal Code 42.092 , 60 Baylor L. Rev. 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