Super. 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. Since 2006, Los Angeles and Orange Counties have had 122 reported human cases of this disease; all but one of the cases . 510 I.L.C.S. 2005) . TNR. Feral cats do not fit neatly within the common law categories of animal ownership. (b)(1) Notwithstanding subdivision (a), this section does not require a cat to be microchipped if a licensed veterinarian certifies in writing that the cat is medically unfit for the microchipping procedure because the cat has a physical condition that would be substantially aggravated by the procedure. 6.1.702 Enforcement action. 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 . (d) During the holding period required by this section and before the adoption or euthanasia of a cat impounded pursuant to this division, a public or private shelter shall scan the cat for a microchip that identifies the owner of that cat and shall make reasonable efforts to contact the owner and notify the owner that the cat is impounded and is available for redemption. The main reason is that feeding feral cats can lead to the proliferation of colonies in the city. Anyone who abandons animals at any location in the county is included. Given the status of feral cats as companion animals, anyone who provides food, water, or shelter to a feral cat would almost certainly fall under Virginias definition of an owner.. The answer to this question is likely to depend on the degree of control that the individual exercises over the cats. (Added by Stats.1973, c. 361, p. 802, 3. [d]oes not become a public nuisance, does not run at large, and [d]oes not defecate on the property of another . Theres always a need for caring individuals to help out at. Article 1. Under Virginia law, local governments may . Jan. 1, 2019; Stats.2019, c. 8 (A.B.1565), 1, eff. This article attempts to clarify the answers to these questions, giving feral cat caretakers, property owners, and others interested in the issue a clearer understanding of their legal rights and obligations. Food and Agricultural Code (Formerly Agricultural Code). Alley Cat Allies supports laws mandating that animal pounds and shelters spay or neuter impounded animals prior to releasing them to an adopter. So if the penalty is a $100 fine, the perpetrator pays $100 for each cat harmed. 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. Enforcement 6.1.801 Entry on premises to seize and impound animals. That wouldn't really do any good because all of the crossings would be blocked. Division 14.5. (c) A public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group may not transfer to a new owner a cat that has not been spayed or neutered, except as provided in subdivision (d). A: There's a prohibition in the city of Bakersfield, but not in unincorporated areas of Kern County. Legislative findings and declarations, 31753 . Pickup is the same day beginning at 3:30-4:00p.m. Thus, because the defendant was participating in a TNR program, the county ordinance could not serve as a basis for finding that the defendant was negligent in caring for the feral cats. Partly cloudy skies. (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. These statutes comprise California consolidated cat laws. St. 37-246 (2008). The law in California that allows non-profit organizations to remove feral cats from animal shelters as an alternative to destruction appears to incorporate past lessons on the need for public support. When the city and county do plan to construct a grade separation project, the Greater Bakersfield Separation of Grade District submits an application to the state of California for funding. 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. . Shelters; waiver of cat adoption fee for veterans; limit on number of cats adopted, 31766. If she moves to a new neighborhood, might she be held criminally liable for abandoning the cat she once cared for? . According to one source, the law in Texas prohibiting cruelty to animals did not specifically protect feral cats until 2007. In this section a "keeper" includes any person or organization regularly feeding a feral cat. ), 31752. Regulation of Cats. Holding period; owner redemption. The deposit shall be temporary, and shall be retained only until the cat is healthy enough to be spayed or neutered as certified by a veterinarian licensed to practice veterinary medicine in this state. Further, the statute provides that any refusal to permit any animal control officer to impound such cat shall be deemed evidence of ownership . Licensed cattery; exemption from tag requirement. First, how does feeding feral cats negatively impact the community? 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. (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. This list is not meant to be a comprehensive list of all laws impacting feral/community cats. 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. 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. (Added by Stats.1998, c. 747 (A.B.1856), 8, operative Jan. 1, 2000.). In todays article, well tell you why feeding stray cats can be harmful and sometimes even illegal. 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. at 98384, 98890. Will the kindhearted bystander wonder whether feeding the cat will cause her to become the cats legal owner? 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. 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. Subject to some limitations, a person typically owns an animal when she has possession over it (for wild animals, ownership is subject to obtaining proper title from the state; for domestic animals, ownership is often subject to the property interest of the animals prior owner). ), 31751.7. Chapter 2. 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 raw fur of a nongame mammal otherwise lawfully taken pursuant to this code or regulations adopted pursuant to this code shall not be sold. 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. (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. 2023 Michigan State University College of Law. 2023 Michigan State University College of Law. 6.1.803 Obstructing officers unlawful. Feral cats per se are an admission of society's failure in the process of domesticating cats. Under this regime, if a keeper or caretaker has given a feral cat food and water every day for several years and has provided the animal with periodic veterinary care, that person is more likely to be viewed as an ownerand subject to liabilitythan a person who has merely fed a feral cat once a day for six months. This site is not a law firm and cannot offer legal advice. 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. 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. The letter shall include a description of the cat. Determining when a feral cat caretaker may be criminally liable is a complex issue that has not been extensively addressed. ; Smith, R.E. No. 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. 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. Ct. Mar. Holding period for impounded cats, (Added by Stats.1980, c. 1060, p. 3397, 2. Only thirteen states and the District of Columbia have enacted statutes that mention feral cats, and none of those statutes directly address liability. 6.1.701 Prohibition on harboring animals which make excessive noise. (2) Provides to a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group or a licensed veterinarian inaccurate information regarding ownership of any cat required to be submitted for spaying or neutering under this chapter. Wild Mammals, Defined, Neb. There are several reasons behind it being a bad ideaand sometimes illegalto feed strays. Bin 440, Bakersfield, CA 93302. 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. (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. 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. Unfortunately, the answers to these questions are unclear and depend heavily on the local law. "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. Chapter 3. "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. (Added by Stats.1998, c. 747 (A.B.1856), 6.5, operative Jan. 1, 2000. 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. Landowners' rights and responsibili-ties regarding the management of feral cats will continue Id. Ensuring animals are sterilized prior to entering the community ensures that they will not contribute to the existing dog and cat population. 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. 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. 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. False information regarding spaying or neutering; civil penalties; use of funds from penalties, 31764. In that sense, they are unlikely to pose a serious threat to humans, and any risk that they do pose is likely to be understood by the general public. H028774, 2007 WL 495897 (Cal. High 49F. 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. (3) If the owner, at any time subsequent to 30 business days after the spaying or neutering agreement was signed, provides proof of spaying or neutering, the deposit shall be forfeited, but any fine levied but not yet paid, shall be waived. Shelters; waiver of cat adoption fee for veterans; limit on number of cats adopted, 31751.5 . (4) Issues a check for insufficient funds for any spaying or neutering deposit required under this chapter. 29D05-0605-SC-1055 (Ind. Renumbered 31751.3 and amended by Stats.1998, c. 747 (A.B.1856), 6, operative Jan. 1, 2000. Ct. App. Detailed Discussion of Feral Cat Legal Issues. Even in jurisdictions that have statutes or ordinances pertaining to feral cats, it is difficult to know how those laws will be interpreted by a court. Journal of the American Veterinary Medical Association 1993, 203, 449-452. 4150 . Rather, the cases look closely at evidence of ownership to determine whether the keeper or caretaker should be subject to liability. Jan. 1, 2020. Repealed by Stats.1985, c. 1290, 2, 31751.3 . Fish and Game Code. Div. 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 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 ? Feral. We'll tell you want you need to know. And a feral cat, generally speaking, is less likely to be tame than a domestic housecat. at *14. 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. A new neighborhood, might she be held criminally liable is a $ 100 fine, the perpetrator pays 100! Agricultural Code ) sterilized prior to entering the community pounds and shelters spay neuter. 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