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. 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. That wouldn't really do any good because all of the crossings would be blocked. (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. 752 (S.B.1785), 14. Repealed by Stats.2004, c. 253 (S.B.1301), 10, 4150. Traffic goes crazy when the train blocks Wible, Akers, Stein, Ashe, Gosford and so on. As discussed below, some individuals may be disinclined to care for feral cats if they believe that doing so may expose them to civil or criminal liability. As discussed above, this varying degree of control over feral cats is why common law jurisdictions are likely to determine liability based on the amount of control that a particular keeper or caretaker has exercised. David Favre & Murray Loring, Animal Law 8 (1983). Rather than feeding feral cats, its better to just adopt them directly. 4150 . 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. The caretaker in that case merely fed and watered the cats. Section 17006 shall also apply to these animals. For purposes of this subdivision, raw fur has the same meaning as defined in Section 4005. Part 3. Further, cases like Kyles are limited in their usefulness since they do not present a single, bright-line legal rule for determining ownership of feral cats. Rev. 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. Finally, the statute permits local municipalities to enact separate ordinances prohibiting cat ownersincluding feral cat keepersfrom substantially damag[ing] property or caus[ing] an unsanitary, dangerous or unreasonably offensive condition. Id. For example, an Indiana trial court recently found that a woman who fed feral cats and participated in a TNR program was not liable for negligently allowing the cats to damage the plaintiffs property. In Kyles , the plaintiffs were members of a family residing in a home located next to an apartment complex. So we would have to come up with the remaining money necessary to fund the project. A non-domesticated mammalian predator shall include coyotes, raccoons, foxes, opossums, bears, mountain lions, and bobcats. ), 31752.5. (b) A public animal shelter may limit the number of cats adopted from that public animal shelter pursuant to this section to one cat each six-month period. 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. The statute further defines an animals owner as anyone who (i) has a right of property in an animal; (ii) keeps or harbors an animal; (iii) has an animal in his care; or (iv) acts as a custodian of an animal. Id. 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. This list is not meant to be a comprehensive list of all laws impacting feral/community cats. Wild Mammals, Defined, Neb. The reasoning in these cases could be applied to feral cat keepers in caretakers in jurisdictions that consider keepers and caretakers to be owners. Will the kindhearted bystander wonder whether feeding the cat will cause her to become the cats legal owner? 3.2-6500 . The first problem is the question of whether feral cats are wild or domestic animals. ), 31751.7. The public or private shelter may enter into cooperative agreements with any animal rescue or adoption organization. Will she attempt to prevent the cat from trespassing on her neighbors property or bringing other cats to the neighborhood? Rhode Island then allows local governments to implement permitting requirements for feral cat caretakers. Ct. App. Id. 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There's no federal law that prohibits feeding stray cats or any other type of animal. A: There's a prohibition in the city of Bakersfield, but not in unincorporated areas of Kern County. West's Annotated California Codes. It could be foreseeable, then, that a stray or feral cat in a store could injure customers who came on the premises. 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. This site is not a law firm and cannot offer legal advice. at 26. 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.". Food & Agric. RI ST 4-24-3 . Generally, the state laws that do address these issues do not create substantive guidelines. . 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. If the animal ends up suffering or passing away due to conditions related to the abandonment, the animal owner could face even more serious charges. The contents of My Animals are written for informational purposes. Baker v. Middleton , C.A. Ensuring animals are sterilized prior to entering the community ensures that they will not contribute to the existing dog and cat population. As discussed above, feral cats do not fit neatly within the common law of animal ownership. Bin 440, Bakersfield, CA 93302. 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. In the case of any doubt, it's best to consult a trusted specialist. 31760. 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. (2) If the agency, shelter, or group does not have microchipping capability on location, the agency, shelter, or group shall make a good faith effort to maintain a list of local and regional free or discounted regional microchipping services and provide that information to the owner or new owner. Division 14.5. In this section a "keeper" includes any person or organization regularly feeding a feral cat. Rev. The court did not, however, address the question of whether a feral cat caretaker could be held criminally liable under the ordinancea distinct possibility, given the ordinances broad definition of ownership. Jan. 1, 2021. 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. Penal Code 42.092 , 60 Baylor L. Rev. Laws regarding the impoundment of dogs and cats are consistent in most states. Chapter 3. , No. 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). (Formerly 31751, added by Stats.1970, c. 1303, p. 1303, 1. (6) If the adopter or purchaser presents proof of spaying or neutering to the entity from which the cat was obtained within 30 business days of obtaining the proof, the adopter or purchaser shall receive a full refund of the deposit. (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. Winds light and variable. However,its important to understand the diverse legal aspects before doing so. They do not address specific issues related to liability, but rather (1) help to resolve the problem of classifying feral cats and (2) enable local governments to enact their own solutions. Nongame Mammals and Depredators. Birds and Mammals. 6.1.802 Authority to arrest and to issue notices to appear. animal statute is a clear illustration of how a caretaker might be exposed to criminal liability for failure to comply with registration and spay/neuter requirements. Relying on testimony from the director of Indy Feral, a local organization that works with feral cat colonies, the court found that feral cats will stay with their colonies in a specific location regardless of whether they are fed and watered. Once more,its extremely important to check into local animal control ordinances. Further, feral cat caretakers in these jurisdictions may have a difficult time protecting feral cat colonies from animal control agencies and the actions of private citizens. The public or private shelter may enter into cooperative agreements with animal rescue or adoption organizations regarding rabbits that are equivalent to those cooperative agreements authorized in Section 31108 regarding dogs and Section 31752 regarding cats. May keepers and caretakers be held civilly liable for the actions of feral cats in their care? With some exceptions, cats are required to be held for six days, pending retrieval by their owners or adoption by the . The limited funding that the state has is then appropriated to the top ranking projects. at 10. ), 31754. 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 . 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. TNR. 2, 2007) (pdf file - 628.01 KB). As discussed above, the issue in Baker required the court to interpret a feral cat ordinance . These statutes comprise California consolidated cat laws. This case illustrates the careful balancing act involved in crafting a feral cat statute or ordinance. 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.". At common law, the answer to this question is unclear. 3907 . 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. 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