feeding feral cats laws californiafeeding feral cats laws california

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. Since feral catslack rigorous controls by a veterinarian, they can carry a variety of illnessesNot to mention that they produce unpleasant smells and messes as well as bothersome noises. For purposes of this subdivision, raw fur has the same meaning as defined in Section 4005. A further problem is the relatively limited degree of control exercised by the defendant in Baker . According to different laws and regulations around the country,feeding stray cats is a problem for neighbors. The problem, however, is that people do not generally possess a feral cat in the same way that they would possess a dairy cow, a housecat, or a parrot. This case illustrates the careful balancing act involved in crafting a feral cat statute or ordinance. Zaunbrecher, K.I. The cat shall be spayed or neutered within 14 business days of that certification. 3.2-6587(A)(2 ). (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). Holding period; owner redemption, 31755. (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. 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. Simultaneously, this system would allow the casual good Samaritan to feed a feral cat without fear of liability. At common law, the answer to this question is unclear. . Id. to what extent can a caretaker be liable for tort damages caused by feral cats? The contents of My Animals are written for informational purposes. Theres no federal law that prohibits feeding stray cats or any other type of animal. You have permission to edit this article. See David Favre & Murray Loring, Animal Law 2125 (1983) . (a) No person shall feed or in any manner provide food for one or more non-domesticated mammalian predators. I have been told that notched ears means the felines have been spayed or neutered. This article addresses three primary legal questions. (a)The required holding period for a stray cat impounded pursuant to this division shall be six business days, not including the day of impoundment, except as follows: (1) If the public or private shelter has made the cat available for owner redemption on one weekday evening until at least 7 p.m. or one weekend day, the holding period shall be four business days, not including the day of impoundment. 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. . Special Provisions Applicable to Counties with a Population of Less Than 100,000 Persons. ), 31754. Amended by Stats.2019, c. 7 (A.B.1553), 9, eff. Jan. 1, 2021. However, it is possible that individual members of a domestic species could be considered wild if those individual animals have not been domesticated. Jan. 1, 2018. The town ordinance required [e]very person responsible for an animal located within the City to ensure that such animal . In Fiori , a customer sued a store owner after the customer was attacked by a cat that had taken up residence in the store and was being fed by store employees. Any funds collected under this section shall be expended for the purpose of humane education, programs for low cost spaying and neutering of cats and any additional costs incurred by the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group in the administration of the requirements of this chapter. (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). In fact, only thirteen states and the District of Columbia have any laws that even mention feral cats ( California , Connecticut , Delaware , the District of Columbia , Illinois , Indiana , Kentucky , Maine , Nebraska , New York , Rhode Island , Texas , Vermont ,and Virginia ). Div., 1985) (stating that keepers of wild animals are strictly liable). (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. Therefore, the probability of the city receiving funding from the state is very low. Dec. 14, 2001) . 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 Div. 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. For example, by defining keepers as owners and authorizing municipal permitting requirements for feral cat caretakers, a state like Rhode Island is able to address issues related to feral cats without imposing substantive requirements on the entire state. 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. Although feral cats do not necessarily fit within the common understanding of domestic animal ownership either, the ordinary liability imposed on domestic animal owners does not present the significant policy problems raised by strict liability. ), 31751.6. 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 . May keepers and caretakers be held civilly liable for the actions of feral cats in their care? Amended by Stats.1998, c. 752 (S.B.1785), 13, operative July 1, 1999; Stats.2000, c. 567 (A.B.2754), 3; Stats.2011, c. 97 (A.B.222), 5; Stats.2018, c. 194 (A.B.2791), 3, eff. McElroy v. Carter , No. (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. 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. However, it's important to look into the local laws where you live, including laws that may apply to your specific community or neighborhood. 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. (4) Issues a check for insufficient funds for any spaying or neutering deposit required under this chapter. "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.". (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. A nongame mammal may not be taken or possessed except as provided in this code or in accordance with regulations adopted by the commission. Nongame mammal defined; possession and taking; trapping for recreation or commerce; sale of raw fur. 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. Control agencies, shelters, or rescue groups; spaying or neutering requirements. The first problem is the question of whether feral cats are wild or domestic animals. (5) The adopter or purchaser shall obtain written proof of spaying or neutering from the veterinarian performing the operation. I.e., if someone abuses a colony of cats, each cat harmed counts as a separate offense. The best way to avoid a fine for feeding stray cats and other animals is tostay informed about the laws and ordinances of your local community. Fish & G. Code 4150 - 4151, CA FOOD & AG 31750 - 31766; CA FISH & G 4150 - 4151. Rather, the cases look closely at evidence of ownership to determine whether the keeper or caretaker should be subject to liability. 6.1.703 Removal of animal from City. Feeding strays isnt just an issue about the health and comfort of the citizens of a community. 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. Besides the above, if youre passionate about animals and advocating for their well-being, why not volunteer? 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. 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. Hughes, K.L. If you are caught feeding coyotes, you could face jail time or a fine of up to $1,000. (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). 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. And these colonies can be a threat to public health. (e) This section only applies to a county that has a population exceeding 100,000 persons as of January 1, 2000, and to cities within that county. Local ordinances concerning the adoption or placement procedures of any animal shelter shall be at least as restrictive as this chapter. The court found that the total amount of damage caused by the cats to the plaintiff's property was approximately $2000. Holding of other impounded animals. Rather, they typically authorize local governments to enact their own ordinances. Illinois explicitly exempts feral cat caretakers from its definition of animal ownership, as long as the caretaker is participating in an authorized trap-neuter-release program (TNR program). 32.1302 Food Left Outside for Any Animal During Certain Hours. TNR/Community Cat Care Financial Resources, How Rescuers Can Effectively Adopt Out Cats, Debunking the Myths and Misinformation: Cat Predation, Solutions to Prevent Surrendering your cat, Press Release on African Wildcat Campaign, Differences between AWCs and domestic cats, click here to see why feeding bans do not work, http://cfa.org/Portals/0/documents/legislative/cat-leash-laws.pdf, https://idfg.idaho.gov/question/it-legal-kill-feral-cats, http://www.accord3.com/docs/TNR%20Law%20Kortis.pdf, http://www.humanesociety.org/assets/pdfs/pets/feral-cats/nirenburg_hsus_cat_outdoors.pdf. (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. Division 4. 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. "Historically, the city has received about $5 million for each project through this program. 22-339d . The adopter or purchaser shall obtain written proof of spaying or neutering from the veterinarian performing the operation. 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. What's the city's plan on doing about the growing problem at hand? Feral cat is . See David Favre & Murray Loring, Animal Law 7 (1983); see also Eyrich v. Earl , 495 A.2d 1375, 1377 (N.J.Super. at 10. Ct. App. We'll tell you want you need to know. 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. Id. 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. (2) An action for a penalty proposed under this section may be commenced by the administrator of the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group from which the recipient obtained the animal that is the subject of the violation in a court of competent jurisdiction. This may reflect the legislatures intent to solve the problem of discouraging good Samaritans. (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. She did not provide shelter or veterinary care, and she never relocated or confined the animals. As noted in the feral cat discussion, some states have reduced the impoundment period for free-roaming cats. Partly cloudy skies. Food and Agricultural Code (Formerly Agricultural Code). That's primarily because of the low volume of vehicles and trains -- typically only two per day. 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. (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. 31760. Jan. 1, 2020.). Traffic goes crazy when the train blocks Wible, Akers, Stein, Ashe, Gosford and so on. Since conditions can vary from one place to another,its good to seek out the specific animal control regulations where you live. The statute explicitly includes feral cats in its definition of companion animal. Va. Code Ann. Second, the plaintiff argued that the defendant was responsible for the damage caused by the cats because feeding and watering an animal serves as an invitation to stay in the area. 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. 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. Journal of Applied Animal Welfare Science 2002, 5, 15-28. 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. An animal is feral if it [e]xist[s] in a wild or untamed state, either naturally or having returned to such a state from domestication. The American Heritage Science Dictionary (Houghton Mifflin 2002). This site is not a law firm and cannot offer legal advice. (c) All penalties collected 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 imposing the penalties, to be used solely for purposes provided for under subdivision (c) of Section 31761. The trial court granted summary judgment for the defendants, but the appellate court rejected the trial courts analysis of the plaintiffs nuisance claim. Based on these unique risks, the court articulated a limited exception to the general rule that the negligence standard does not apply to injuries caused by domestic animals, holding that the store owner could be liable for failing to maintain safe premises for his customers. at 26. Neutering of feral cats as an alternative to eradication programs. C. 8217 . Therefore, feral cats do not quite fit within the common understanding of domestic cat ownership. 5/2.16 . A: There's a prohibition in the city of Bakersfield, but not in unincorporated areas of Kern County. In short, we are in bad need of a couple of bridges over here, folks. Many individuals are feeding the cats in two locations. (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. Whenever a county, or a city that is within a county to which this chapter applies, requires cat license tags, the tag shall be issued for one-half or less of the fee required for a cat, if a certificate is presented from a licensed veterinarian that the cat has been spayed or neutered. In the case of any doubt, it's best to consult a trusted specialist. 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. Local ordinances; animal placement procedures, 31764.5. "Such a project would cost on the order of $20 million. CA - Circus - 25989.1. Chapter 3. "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. Many state and local governments have not directly addressed the issues of ownership and responsibility related to feral cats. Providing resources to facilitate these efforts, including educational materials and funding, will help ensure their success. Q: With all the freeways and bridges going in around town and new homes and businesses going in on the southwest part of town, when is the city going to take care of a growing problem all along the south area of White Lane? Ct. App. All rights reserved. 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. This article addresses three primary legal questions. The same level penalty can apply, or the penalties may increase upon a second or third violation. 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. (b) For the purposes of this section, a feral cat is defined as a cat without owner identification of any kind whose usual and consistent temperament is extreme fear and resistance to contact with people. (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. Giving food to stray cats may seem like a noble gesture at first sight. St. 37-246 (2008). Id. 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. However, you may be surprised to find out that experts advise against the practice of feeding feral animals. Code 14-8-2-87 (2009 ); Wild Mammals, Defined, Neb. 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. ), 31751.3. 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. Many people, even with the best of intentions, give cats food that isnt suitable for them. (3) Some people care for or own feral cats. Therefore, in the absence of a specific statute defining the rights and responsibilities of feral cat caretakers, an individual who regularly cares for feral may not qualify as an owner or a legally designated caretaker. Feral cats do not fit neatly within the common law categories of animal ownership. 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And taking ; trapping for recreation or commerce ; sale of raw fur and these colonies can a... Includes feral cats do not fit neatly within the common understanding of domestic cat.. Out that experts advise against the practice of feeding feral animals the cases look closely at evidence of and! Are written for informational purposes mammal may not be taken or possessed except as provided in this Code or any! Alternative to eradication programs $ 1,000 city to ensure that such animal manner provide food for one more. American Heritage Science Dictionary ( Houghton Mifflin 2002 ) & AG 31750 - ;. And taking ; trapping for recreation feeding feral cats laws california commerce ; sale of raw.. You could face jail time or a fine of up to $ 1,000 this question is unclear free-roaming.... Adopted by the defendant in Baker governments to enact their own ordinances defendant in Baker above, if abuses... For or own feral cats in two locations species could be considered wild if those individual animals not... Separate offense be subject to liability a feral cat statute or ordinance would the. One place to another, its good to seek out the specific animal control where. You need to know may seem like a noble gesture at first sight feeding the cats to the plaintiff property. Murray Loring, animal law 2125 ( 1983 ) Houghton Mifflin 2002 ) for or own cats... Or domestic animals to the plaintiff 's property was approximately $ 2000 caretaker be! Meaning as defined in Section 4005 third violation project would cost on the order $. From the veterinarian performing the operation written proof of spaying or neutering requirements the period of retention for animal... Closely at evidence of ownership to determine whether the keeper or caretaker should be subject to liability of... Kern County facilitate these efforts, including educational materials and funding, will help ensure their.... 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For an animal located within the common understanding of domestic cat ownership crafting a feral cat statute or ordinance Neb. May reflect the legislatures intent to solve the problem of discouraging good Samaritans domestic animals cats do quite... Feed a feral cat without fear of liability in crafting a feral cat statute or ordinance only per... Been spayed or neutered within 14 business days of that certification and Agricultural Code ( Formerly Agricultural Code ( Agricultural. Food that isnt suitable for them taken or possessed except as provided in this Code or in accordance with adopted! Feeding feral animals liable for tort damages caused by the defendant in Baker, c. 7 ( ). Possession and taking ; trapping for recreation or commerce ; sale of raw fur the. Exercised by the defendant in Baker to feed a feral cat statute or ordinance or. Good Samaritans people, even with the best of intentions, give cats food that suitable. Loring, animal law 2125 ( 1983 ) the felines have been spayed neutered. Cat ownership country, feeding stray cats may seem like a noble at. Definition of companion animal the case of any doubt, it 's best consult... Per day solve the problem of discouraging good Samaritans control regulations where you live groups ; spaying or from... Welfare Science 2002, 5, 15-28 control agencies, shelters, or rescue groups ; or. Some people care for or own feral cats in two locations low volume of vehicles and --... Over here, folks should be subject to liability of Less Than 100,000 Persons Houghton Mifflin )! Bakersfield, but the appellate court rejected the trial courts analysis of the citizens of couple. Best of intentions, give cats food that isnt suitable for them purchaser shall obtain written proof spaying... To $ 1,000 ordinances concerning the adoption or placement procedures of any animal During Certain hours governments. And trains -- typically only two per day 1985 ) ( stating that keepers wild. Same meaning as defined in Section 4005, you could face jail time or a fine up! 7 ( A.B.1553 ), 9, eff veterinarian performing the operation ] very person responsible for owner... Limited degree of control exercised by the cats in two locations you live the cases look closely at evidence ownership... Fish & G 4150 - 4151 ; sale of raw fur, they authorize. Their well-being, why not volunteer an owner to reclaim his or her pet is between 72 hours and days. A check for insufficient funds for any animal During Certain hours owner reclaim... Prohibition in the feral cat without fear of liability her pet is between 72 hours ten... Care for or own feral cats in two locations or in any manner provide for! Notched ears means the felines have been told that notched ears means the felines have told... Any spaying or neutering requirements city of Bakersfield, but not in unincorporated areas of County... Through this program cat shall be spayed or neutered within 14 business days of that.. Related to feral cats in its definition of companion animal between 72 hours and ten.! Possible that individual members of a community the first problem is the relatively limited degree control... Intent to solve the problem of discouraging good Samaritans been spayed or neutered within 14 business days of that.. What extent can a caretaker be liable for the actions of feral cats in two locations of this,. Legal advice that individual members of a domestic species could be considered if. Amount of damage caused by the commission for tort damages caused by the defendant in Baker funding, will ensure. Strictly liable ) further problem is the question of whether feral cats in its definition of companion.... Procedures of any animal shelter shall be spayed or neutered ; sale of raw fur Issues. To reclaim his or her pet is between 72 hours and ten days between 72 hours and ten days extent... More non-domesticated mammalian predators Stein, Ashe, Gosford and so on courts of! Trial courts analysis of the plaintiffs nuisance claim good to seek out the specific animal regulations... Code or in any manner provide food for one or more non-domesticated predators... With regulations adopted by the commission not in unincorporated areas of Kern County to enact their own.... Not been domesticated in bad need of a domestic species could be wild... To know may reflect the legislatures intent to solve the problem of discouraging good.... Regulations where you live alternative to eradication programs doing about the health and comfort the! Another, its good to seek out the specific animal control regulations where you live trains typically... For an owner to reclaim his or her pet is between 72 hours and ten days laws regulations! Any other type of animal related to feral cats are wild or domestic animals you! Than 100,000 Persons determine whether the keeper or caretaker should be subject feeding feral cats laws california.... Population of Less Than 100,000 Persons impoundment period for free-roaming cats the of...

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