In states that have not addressed feral cats in their laws, to what extent can a caretaker be liable for tort damages caused by feral cats? Amended by Stats.2000, c. 57 (A.B.1786), 2, operative July 1, 2001; Stats.2000, c. 567 (A.B.2754), 7.5, operative July 1, 2002.). If an animal has never been owned or directly cared for by any human, then it may be classified as wild even if it is a member of a domesticated species. 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. (2) A deposit that is both of the following: (A) Refundable to the recipient if proof of spaying or neutering of the cat is presented to the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group not more than 30 business days after the date the cat is spayed or neutered. It could be foreseeable, then, that a stray or feral cat in a store could injure customers who came on the premises. (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. 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. 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. (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. However, there are some communities were doing so is illegal. Also, if feeding wild animals is prohibited and the law doesn't clearly define feral cats as domestic animals, it should be addressed. At the same time, local authorities often argue that the presence of cats attracts other animals that we dont want in urban areas. It seems to me that Gosford and at least one of the other roads in between Highway 99 could have a bridge to cut down on backed-up traffic. at 10. Will she consider the possible rights and responsibilities that might arise from her caretaking? These cats damaged the plaintiffs home, destroying insulation, a vapor barrier, and duct work. ), 31754. (a)(1) Except as provided in subdivision (b), a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group shall not release a cat to an owner seeking to reclaim it, or adopt out, sell, or give away a cat to a new owner, unless either of the following conditions is met: (A) The cat is microchipped with current information on the owner reclaiming the cat or new owner receiving the cat, as applicable, and the owner or new owner is registered with the microchip registry company as the primary owner of the cat. If the cat is determined to be docile or a frightened or difficult tame cat, the cat shall be held for the entire required holding period specified in Section 31752. (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 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. Their presence increases hygiene and health problems which are already an issue for society. This article addresses three primary legal questions. Select from the 0 categories from which you would like to receive articles. 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. (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. Q: The cat population in Hart Park appears to be out of control. Therefore, feral cats do not quite fit within the common understanding of domestic cat ownership. at 96667. If you want to gain the trust of a stray cat, you need to make sure you have plenty of patience and follow a few key steps. 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. 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. Its true that there are many individuals and organizations that are willing to help these defenseless animals. The adopter or purchaser shall obtain written proof of spaying or neutering from the veterinarian performing the operation. What, then, is the answer to the question of whether feral cat keepers and caretakers are the animals' owners? There is no county law prohibiting the feeding of wild animals. 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. 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). Please log in, or sign up for a new account and purchase a subscription to continue reading. 7 M.R.S.A. This includes anyone that is abandoning animals at any location in the county. Id. (c) Local ordinances concerning the adoption or placement procedures of any public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group shall be at least as restrictive as this division. Birds and Mammals. Amended by Stats.1977, c. 1208, p. 4083, 10; Stats.2015, c. 154 (A.B.1527), 72, eff. Holding of other impounded animals. (d) This section applies to each county and cities within each county, regardless of population. (d) This section does not apply to a cat that is temporarily housed under an emergency evacuation order. What do we need to keep in mind? According to one source, the law in Texas prohibiting cruelty to animals did not specifically protect feral cats until 2007. Kyles v. Great Oaks Interests , No. As discussed above, feral cats do not fit neatly within the common law of animal ownership. (5) It is cruel to keep feral cats caged for long periods of time; however, it is not always easy to distinguish a feral cat from a frightened tame cat. At least one other state, however, has taken a different approach. Amended by Stats.1985, c. 1290, 3. . What's the city's plan on doing about the growing problem at hand? Part 3. (2) If the public or private shelter has fewer than three full-time employees or is not open during all regular weekday business hours, and if it has established a procedure to enable owners to reclaim their cats by appointment at a mutually agreeable time when the public or private shelter would otherwise be closed, the holding period shall be four business days, not including the day of impoundment. So if the penalty is a $100 fine, the perpetrator pays $100 for each cat harmed. Similarly, some states classify feral cat caretakers as owners and further require owners to spay and neuter their pets or immunize them against rabies. Keep reading to discover more information on this issue and why its such a problem. "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. In general, though, these state laws are strictly definitional. 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. Amended by Stats.2004, c. 253 (S.B.1301), 7.). The main reason is that feeding feral cats can lead to the proliferation of colonies in the city. The cats also urinated and defecated in the crawl space of the home. Nongame mammal defined; possession and taking; trapping for recreation or commerce; sale of raw fur. 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. In the vast majority of jurisdictions, however, courts will have no guidance other than common law. May keepers and caretakers be held civilly liable for the actions of feral cats in their care? Super. Many local laws are punitive. It reads, in part, that "it is unlawful for any person" to "purposely or knowingly, in any manner, provide access to food, feed or bait to any wild animal, including, but not limited to, coyotes, deer, squirrels, feral cats, foxes, raccoons, skunks, waterfowl, birds or beavers.". Consequently, feral cats do not fall under any authority or jurisdiction within our public institutions. 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. Traffic goes crazy when the train blocks Wible, Akers, Stein, Ashe, Gosford and so on. Giving food to stray cats may seem like a noble gesture at first sight. Winds N at 15 to 25 mph. Journal of the American Veterinary Medical Association 1993, 203, 449-452. Bin 440, Bakersfield, CA 93302. (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). The raw fur of a nongame mammal otherwise lawfully taken pursuant to this code or regulations adopted pursuant to this code shall not be sold. 31750. Fish and Game Code. Among the provisions include possession requirements for non-domestic cats, vaccination and impound procedures for domestic cats, and legislative policy statements about feral cats. That way, you can avoid possible fines or other penalties. Penal Code 42.092 , 60 Baylor L. Rev. Under the Texas Animal Health and Safety Code, "custody" includes responsibility for the health, safety, and . Jan. 1, 2021. This article addresses three primary legal questions. On a national level, there are no laws to keep you from giving food to strays. The many feral cats in Hart Park never seem to be lacking for food with many going to the park on a regular basis volunteering their time and expenses to feed the cats. (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. Id . Maines animal welfare law is structured in much the same way, although it requires an individual to feed an animal for ten consecutive days before she becomes a keeper and, by extension, an owner. These laws should apply to all cats, not just owned, family animals. "The application includes ranking the existing at-grade crossing on a formula that considers several aspects of the existing crossing. . Id. 2, 2007) (pdf file - 628.01 KB). , 825 N.E.2d 189, 676 n.1, 686 (Ohio Ct. App. (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. 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. 6.1.701 Prohibition on harboring animals which make excessive noise. "One of the reasons that we see so many pets that are lost and looking for a new home is because too many pets are not spayed and neutered. 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. West's Annotated California Codes. See David Favre & Murray Loring, Animal Law 2125 (1983) . You have permission to edit this article. 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. Theres no federal law that prohibits feeding stray cats or any other type of animal. Unfortunately, animal abandonment is a growing problem. "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. 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). What does it mean to own a feral cat? You can certainly TRY a local feline rescue service, Code Enforcement, or even animal control of course, but feral cats are no picnic to catch. Code 14-8-2-87 (2009. Submit questions to asktbc@bakersfield.com or to The Bakersfield Californian, c/o Christine Bedell, P.O. Control agencies, shelters, or rescue groups; spaying or neutering requirements, 31751.4. Isn't there a city ordinance forbidding feeding feral animals? Ask The Californian appears on Mondays. "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. Determining when a feral cat caretaker may be criminally liable is a complex issue that has not been extensively addressed. This site is not a law firm and cannot offer legal advice. Although some state and local governments have enacted statutes and ordinances attempting to resolve some of these issues, most jurisdictions do not have any laws governing the care and ownership of feral cats. RI ST 4-24-3 . Licensed cattery; exemption from tag requirement, 31751.7 . Ct. Mar. There are several reasons behind it being a bad ideaand sometimes illegalto feed strays. And a feral cat, generally speaking, is less likely to be tame than a domestic housecat. After registering with the municipality, the feral cat keeper must vaccinate and sterilize the cats in her care. Hart Park is within county jurisdiction. Since 2006, Los Angeles and Orange Counties have had 122 reported human cases of this disease; all but one of the cases . Dec. 14, 2001) . 2, 2007) (pdf file - 628.01 KB). Generally, the state laws that do address these issues simply (1) define feral cats and (2) enable local governments to adopt their own solutions The result of this approach, though, is that the law of feral cats can, and often does, vary drastically within the same state. 964 (Fall 2008) . 2005) . Whenever a city or county requires cat license tags, any such 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. Despite endless campaigns to raise awareness, there are still humans that make the decision to abandon their pets. Regulation of Cats. Unless the cat has vicious tendencies that are known to the owner, a court is likely to find a duty only if the damages caused by the cat were reasonably foreseeable. A wild animal is an animal that belongs to a category of animals that have not been generally domesticated and that are likely, unless restrained, to cause personal injury. Restatement (Third) of Torts: Physical and Emotional Harm 22(b) (2005) . . 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. 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. Feeding ban laws and ordinances are an ineffective and cruel approach to feral cats. Generally, the state laws that do address these issues do not create substantive guidelines. So we would have to come up with the remaining money necessary to fund the project. Feral Cats and the Law Cats and Wildlife > Cats and Predation Where have all the birds gone? With some exceptions, cats are required to be held for six days, pending retrieval by their owners or adoption by the . This subdivision is applicable within any county. (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. We can help put people in touch with resources if they are looking to have their pet spayed or neutered and we urge the public to contact us at animalcontrol@co.kern.ca.us for more information or call Monday-Friday between 8 a.m. and 5 p.m. at 321-3000.". Are willing to help these defenseless animals spaying or neutering requirements, 31751.4 ; trapping for recreation or commerce sale... Obtain written proof of spaying or neutering requirements, 31751.4 vapor barrier, and duct work law that prohibits stray! Other penalties ban laws and ordinances are an ineffective and cruel approach to cats. What, then, is less likely to be out of control Predation Where have all the gone... 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