(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). 6.1.703 Removal of animal from City. This rationale is less persuasive when applied to feral cats for two reasons. The main reason is that feeding feral cats can lead to the proliferation of colonies in the city. M2005-00414-COA-R3-CV, 2006 WL 2805141, at *6 (Tenn. Ct. App. Holding period for impounded cats, 31752.5 . Isn't there a city ordinance forbidding feeding feral animals? For the purposes of this division, each member of a litter of kittens, weaned or unweaned, shall be treated as an individual animal. Control agencies, shelters, or rescue groups; spaying or neutering requirements. (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. 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 by new owners or released to nonprofit animal rescue or adoption organizations pursuant to this section. 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. 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. 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. 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. Ct. Mar. (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). As noted in the feral cat discussion, some states have reduced the impoundment period for free-roaming cats. These important distinctions would explain why some states have specifically excluded feral cats from their statutory definitions of exotic or wild animals. "Historically, the city has received about $5 million for each project through this program. Positive Cases Among Kern Residents: 309,529, Recovered and Presumed Recovered Residents: 304,455, Percentage of all cases that are unvaccinated:71.13, Percentage of all hospitalizations that are unvaccinated:83.13, Source: Kern County Public Health Services Department. 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. When damage to property or persons is reasonably foreseeable, a court in these jurisdictions could impose civil liability on keepers and caretakers for breaching their duty to control the feral cats in their care. (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. . 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. When considering rules for managing stray or feral cats, it's best to keep in mind the following: Encourage residents who feed stray and feral cats to have the cats sterilized and vaccinated. Part 3. Winds light and variable. 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. Repealed by Stats.1999, c. 81 (A.B.1482), 1, operative July 1, 2000. 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. Here are some of the most common sections of local laws that commonly affect cats. (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). 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. 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. Repealed by Stats.2004, c. 253 (S.B.1301), 10, 4150. Third, the article discusses the ways in which feral cat keepers or caretakers may be exposed to criminal liability for abandonment, neglect, or failure to comply with state or local animal ownership requirements. Beginning June 1, 2008: It is prohibited to feed or otherwise care for free-roaming cats or other animals at the RFS. Section 17006 shall also apply to these animals. Landowners' rights and responsibili-ties regarding the management of feral cats will continue 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. In the case of any doubt, it's best to consult a trusted specialist. (Added by Stats.2019, c. 205 (S.B.245), 4, eff. In the vast majority of jurisdictions, however, courts will have no guidance other than common law. (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. Local laws, on the other hand, vary significantly from town to town, and some of those laws may even go so far as to expose unwitting caretakers to civil or criminal liability. With some exceptions, cats are required to be held for six days, pending retrieval by their owners or adoption by the . (4) Feral cats pose particular safety hazards for animal shelter employees. The court noted that there was evidence presented to the trial court that the defendants had caused a large number of cats to be attracted to the area and frequent Plaintiffs backyard, thereby interfering with the plaintiffs use and enjoyment of their property. 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. The limited funding that the state has is then appropriated to the top ranking projects. Failure to comply with spaying or neutering agreements; forfeitures and fines; extensions of time, 31763. All rights reserved. Application of chapter; spaying or neutering required, 31762. May keepers and caretakers be held civilly liable for the actions of feral cats in their care? Not only do they fail to meet minimal nutritional requirements, but they can also be extremely harmful to a cats health in general. (2) An animal control officer, humane officer, police officer, peace officer, or any agency authorized to enforce the Penal Code may write citations with a civil penalty stated in an amount corresponding to the violation as provided in Section 31763. The policy rationale supporting strict liability is that a wild animal is so inherently dangerous that the burden should be on the owner, who made a conscious decision to possess the animal, to control the animal at all times. Birds and Mammals. Ct. App. Finally, the court dismissed the plaintiff's trespass claim for lack of evidence. . (a)(1) Except as otherwise provided in subdivision (b), 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 to a new owner any cat that has not been spayed or neutered. (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. The town ordinance required [e]very person responsible for an animal located within the City to ensure that such animal . The letter shall include a description of the cat. (4) 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. (Added by Stats.1998, c. 752 (S.B.1785), 15. The statute explicitly includes feral cats in its definition of companion animal. Va. Code Ann. Holding period; owner redemption. 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). The statute further defines keepers as owners. Id. Amended by Stats.2022, c. 549 (A.B.2723), 2, eff. No, that was not a typo, there is potential criminal liability for feeding feral cats. (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. In addition to providing daily meals and fresh water, these cat caregivers may provide dedicated shelter to protect the cats in inclement weather and provide medical care if the cats become sick or are injured. Shelters; waiver of cat adoption fee for veterans; limit on number of cats adopted, 31766. 4150 . Simultaneously, this system would allow the casual good Samaritan to feed a feral cat without fear of liability. Providing resources to facilitate these efforts, including educational materials and funding, will help ensure their success. Baker v. Middleton , C.A. 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. . Commission does not consider feral cats to be a wild mam-mal or wildlife species as defined in Chapter 37 of the Nebraska statutes (37-246, 37-247). The result of this approach is that the law of feral cats can, and often does, vary drastically within the same state. Cloudy. Food and Agricultural Code (Formerly Agricultural Code). See id. The plaintiff argued that the store owner was liable under a common law negligence theory for breaching his duty to provide a safe environment for customers. Super. 964, 97374 (Fall 2008) . (4) The cat shall be spayed or neutered within 14 business days of that certification. Feral domestic cats would almost certainly not be considered wild animals, since domestic cats have, by definition, been generally domesticated and are generally unlikely to cause personal injury. Therefore, the probability of the city receiving funding from the state is very low. The entity shall establish the amount of the deposit at the level it determines is necessary to encourage the spaying or neutering of cats. According to one source, the law in Texas prohibiting cruelty to animals did not specifically protect feral cats until 2007. 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. 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