Whats more, feeding strays attracts even more cats to the immediate area. The court further suggested that counties might resolve this problem by modifying their feral cat ordinances to require feral cat caretakers to notify neighbors of the colony's existence, the potential for damage from such a colony, and appropriate preventative measures that could be taken. Id. Feral cats per se are an admission of society's failure in the process of domesticating cats. Regulation of Cats. Repealed by Stats.2004, c. 253 (S.B.1301), 10, 4150. This type of sliding scale would enable courts to hold feral cat keepers and caretakers responsible when their actions reflect a relatively high degree of ownership. Beginning June 1, 2008: It is prohibited to feed or otherwise care for free-roaming cats or other animals at the RFS. after obtaining older data from VDACS by filing public record requests under Virginia's sunshine laws, that of the 49,737 dogs and cats PETA received . Part 3. Amended by Stats.2004, c. 253 (S.B.1301), 7.). This may reflect the legislatures intent to solve the problem of discouraging good Samaritans. See David Favre & Murray Loring, Animal Law 7 (1983); see also Eyrich v. Earl , 495 A.2d 1375, 1377 (N.J.Super. 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. This subdivision is applicable within any county. Only thirteen states and the District of Columbia have enacted statutes that mention feral cats, and none of those statutes directly address liability. Generally, legislatures pass laws to correct perceived deficiencies in existing law, particularly when there is no indication that the new legislation is intended to codify the current common law rule. "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. at 2. If your town is considering a feeding ban proposalor you've been threatened with or given a citation related to a feeding ban ordinance already in placewe know that you are in a difficult situation and facing difficult decisions about caring for cats. 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. Among the provisions include possession requirements for non-domestic cats, vaccination and impound procedures for domestic cats, and legislative policy statements about feral cats. Nongame Mammals and Depredators. Div., 1985) (stating that keepers of wild animals are strictly liable). 31750. "The application includes ranking the existing at-grade crossing on a formula that considers several aspects of the existing crossing. 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). The caretaker in that case merely fed and watered the cats. Fish and Game Code. That wouldn't really do any good because all of the crossings would be blocked. Chapter 1. Penal Code 42.092 , 60 Baylor L. Rev. The court found that the total amount of damage caused by the cats to the plaintiff's property was approximately $2000. Laws regarding the impoundment of dogs and cats are consistent in most states. (2) Chapter 7 (commencing with Section 31401) of Division 14 and Section 9 do not apply to a violation of this section. (2) For the purposes of this section, a "rescue group" is a for-profit or not-for-profit entity, or a collaboration of individuals with at least one of its purposes being the sale or placement of cats that have been removed from a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, or humane shelter or that have been previously owned by any person other than the original breeder of that cat. (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. 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. Hughes, K.L. Landowners' rights and responsibili-ties regarding the management of feral cats will continue "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. 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. (3) An agency, shelter, or group may require proof that the cat is microchipped pursuant to paragraph (1) before releasing, adopting out, selling, or giving away the cat. Second, the article addresses the question of whether feral cat keepers or caretakers can be held civilly liable for the actions of feral cats. , 746 N.Y.S.2d 747, 750 (N.Y. App. 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. 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. required by law. Code 31750 - 31766; West's Ann. The trial court granted summary judgment for the defendants, but the appellate court rejected the trial courts analysis of the plaintiffs nuisance claim. 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. (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. Notice to animal control services agency of performances to be conducted Feeding strays isnt just an issue about the health and comfort of the citizens of a community. On a national level, there are no laws to keep you from giving food to strays. ; Slater, M.R. (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. At least one other state, however, has taken a different approach. Zoning regulations, in addition to pet limit restrictions, may also impact community cat efforts if ownership is defined in a way that applies to caretakers of community cats. (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. 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. Jan. 1, 2020.). Chapter 3. (b) Notwithstanding subdivision (a), kittens or puppies relinquished by the purported owner, or brought in by any other person with authority to relinquish them, to public or private shelters, may be available immediately for adoption. Therefore, the probability of the city receiving funding from the state is very low. Finally, the court dismissed the plaintiff's trespass claim for lack of evidence. Therefore, a notice requirement like that suggested by the Baker court would have to be drafted carefully to avoid creating a significant burden on potential feral cat caretakers. ), 31751.6. This includes anyone that is abandoning animals at any location in the county. It is certainly plausible, then, that a feral cat caretaker in Virginia could be required to comply with the same requirements imposed on owners of domestic cats. Don't try to handle a feral cat. (B) Forfeited to the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group if proof of spaying or neutering is not presented to the animal shelter within 30 business days. (Added by Stats.1998, c. 747 (A.B.1856), 6.5, operative Jan. 1, 2000. A: There's a prohibition in the city of Bakersfield, but not in unincorporated areas of Kern County. "Meaning, you are feeding stray dogs you are feeding stray cats and providing care for them, under the law the animal becomes yours," said Cris Kemper with Longview Animal Control. 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. Winds light and variable. Nongame Mammals and Depredators. And a feral cat, generally speaking, is less likely to be tame than a domestic housecat. (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. Concern for animal welfare is typically the driving force behind feral cat legislation, but it is important that animal welfare advocates adequately address the concerns of property owners who may be adversely affected by feral cat colonies. This article addresses three primary legal questions. (c) Notwithstanding Section 31752, if an apparently feral cat has not been reclaimed by its owner or caretaker within the first three days of the required holding period, animal shelter personnel qualified to verify the temperament of the animal shall verify whether it is feral or tame by using a standardized protocol. 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. 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. 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