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. (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. Submit questions to asktbc@bakersfield.com or to The Bakersfield Californian, c/o Christine Bedell, P.O. 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. On the other hand, in cases like McElroy where the owner had no reason to foresee any damage or injury that her cat might cause, a court may be unlikely to find that such a duty exists. Consequently, feral cats do not fall under any authority or jurisdiction within our public institutions. Feral cats per se are an admission of society's failure in the process of domesticating cats. Feeding strays isnt just an issue about the health and comfort of the citizens of a community. 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). 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. Nongame mammal defined; possession and taking; trapping for recreation or commerce; sale of raw fur. I suspect that people have been abandoning strays knowing that they would be fed. See David Favre & Murray Loring, Animal Law 7 (1983); see also Eyrich v. Earl , 495 A.2d 1375, 1377 (N.J.Super. Drop off is between 9-9:30am Tuesday-Friday only. It could be foreseeable, then, that a stray or feral cat in a store could injure customers who came on the premises. West's Annotated California Codes. In one recent case, a California appellate court recently held that the plaintiffs nuisance claim, which was based on the defendants alleged failure to cease activity that resulted in the attraction of feral and domestic cats to the plaintiffs backyard, survived summary judgment. The family brought suit against the apartment complex, the city, the county, and the garbage disposal company servicing the apartment complex, alleging, among other things, that attracting the cats constituted a nuisance. 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. RI ST 4-22-2 . David Favre & Murray Loring, Animal Law 8 (1983). Many state and local governments have not directly addressed the issues of ownership and responsibility related to feral cats. Cases are scarce, and the cases that do exist are unpublished and highly fact-specific. Control agencies, shelters, or rescue groups; spaying or neutering requirements. (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). Generally, the state laws that do address these issues do not create substantive guidelines. Special Provisions Applicable to Counties with a Population of Less Than 100,000 Persons. In jurisdictions where feral cat keepers or caretakers are considered the cats' legal owners, keepers and caretakers may also be liable for damage caused by feral cats to property or persons. (Added by Stats.1973, c. 361, p. 803, 4. This article addresses three primary legal questions. In that case, the recipient may receive a reimbursement of the sterilization deposit by submitting to the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group within the sterilization period a signed letter from a veterinarian licensed to practice medicine in this state stating that the animal has died. 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. 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. 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. The key question in either case is whether the owner has a duty to control the cat's behavior. Mammals. (2) Receives from the recipient a sterilization deposit of not less than forty dollars ($40) and not more than seventy-five dollars ($75), the terms of which are part of the written agreement executed by the recipient under this section. If you've been feeding a cat for several days and can still not approach or touch the cat, it is probably feral. Amended by Stats.2019, c. 7 (A.B.1553), 9, eff. Jan. 1, 2020.). In Kyles , the plaintiffs were members of a family residing in a home located next to an apartment complex. In fact, the court noted that Indy Feral's website, offered as an exhibit by the defendant, states that feral cats will become an even greater nuisance if they are not fed on a regular basis, since this will require to the cats to forage for food. This article addresses three primary legal questions. Feral cats do not fit neatly within the common law categories of animal ownership. Rather, they typically authorize local governments to enact their own ordinances. The majority of cases that have addressed liability for feral cat owners are unpublished decisions involving local ordinances, highlighting the impossibility of discerning a single set of guidelines for dealing with feral cats. Its also something that can be harmful for the health of these animals themselves. 29D05-0605-SC-1055 (Ind. There is no county law prohibiting the feeding of wild animals. "The application includes ranking the existing at-grade crossing on a formula that considers several aspects of the existing crossing. Notice to animal control services agency of performances to be conducted 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. Other laws with the potential to impact The town ordinance required [e]very person responsible for an animal located within the City to ensure that such animal . (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. 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. 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. 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. Ct. App. Kyles v. Great Oaks Interests , No. Div. When a person sees a malnourished kitten roaming her neighborhood, her first instinct is often to stop and help. We will do our best to find a second home for your pet. As a result, many criminal defendants who were arrested on animal cruelty charges were acquitted because their alleged crimes had been committed against feral animals. Further, the cases that do exist have been based on specific local laws, making it more difficult to determine what a judge might do in the absence of such a statute. (Added by Stats.1998, c. 752 (S.B.1785), 14. (a) No person shall feed or in any manner provide food for one or more non-domesticated mammalian predators. 7 M.R.S.A. Credits(Added by Stats.1971, c. 1470, p. 2907, 21. 6.1.803 Obstructing officers unlawful. . (a)The Legislature finds and declares the following: (1) Domestic cats' temperaments range from completely docile indoor pets to completely unsocialized outdoor cats that avoid all contact with humans. What do we need to keep in mind? "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.". Rather, the cases look closely at evidence of ownership to determine whether the keeper or caretaker should be subject to liability. Laws regarding the impoundment of dogs and cats are consistent in most states. C. G. S. A. , Exotic Mammal, Ind. Birds and Mammals. Detailed Discussion of Feral Cat Legal Issues. 31760. There are many other things you can do to contribute to the well-being of stray animals and your community in general. Local ordinances concerning the adoption or placement procedures of any animal shelter shall be at least as restrictive as this chapter. Ann. In contrast, keepers and caretakers usually care for feral cats where they find them, exercising a limited degree of control over the animals. Kern County Animal Control urges members of the public to try and find other alternatives to abandoning animals such as re-homing a pet with a friend, family member, co-worker, rescue organization or even a neighbor. First, how does feeding feral cats negatively impact the community? Mammals. Legislative findings and declarations. 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. (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. 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). 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. Their presence increases hygiene and health problems which are already an issue for society. 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. Ct. Mar. For the purposes of this division, each member of a litter of kittens, weaned or unweaned, shall be treated as an individual animal. Chapter 2. 5/2.16 . (d) A public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group may transfer to a new owner a cat that has not been spayed or neutered only if the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group does both of the following: (1) Requires a written agreement, executed by the recipient, acknowledging the cat is not spayed or neutered and the recipient agrees in writing to be responsible for ensuring the cat will be spayed or neutered within 30 business days after the agreement is signed. (Added by Stats.1998, c. 747 (A.B.1856), 6.5, operative Jan. 1, 2000. 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. 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. Nonspayed or unneutered cats; fines, 31752 . Will she consider the possible rights and responsibilities that might arise from her caretaking? Jan. 1, 2018. A nongame mammal may not be taken or possessed except as provided in this code or in accordance with regulations adopted by the commission. 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. She is unlikely to provide shelter or regular veterinary care, and she would presumably be less likely to assert ownership over the cat or try to keep it from straying. 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. Code 14-8-2-87 (2009. ; Slater, M.R. Fish and Game Code. The first problem is the question of whether feral cats are wild or domestic animals. (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). Second, the article addresses the question of whether feral cat keepers or caretakers can be held civilly liable for the actions of feral 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. Like Connecticut, Delaware, and Maine, Rhode Island states that any individual who permits a cat to habitually be or remain on or be lodged or fed within such persons property or premises qualifies as an owner. Ownership (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). The public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group shall not be registered with a microchip registry company as the primary owner of the cat. ; Smith, R.E. In determining whether the nuisance claim could be decided on summary judgment in favor of the defendants, the appellate court evaluated whether the plaintiffs had adequately shown that the defendants owed them a legal duty of care, that the defendants breached that duty, and that the breach was the cause of the plaintiffs damages. 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