That's primarily because of the low volume of vehicles and trains -- typically only two per day. (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. What, then, is the answer to the question of whether feral cat keepers and caretakers are the animals' owners? 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. 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. Whenever a county, or a city that is within a county to which this chapter applies, requires cat license tags, the 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. (b) A person is subject to the civil penalties pursuant to subdivision (a) if that person does any of the following: (1) Falsifies any proof of spaying or neutering submitted for the purpose of compliance with this chapter. When to Separate a Kitten from Its Mother, Invasive Rats and Their Influence on Reef Fish, The Giant Golden-Crowned Flying Fox, the World's Largest Pollinator, One way to help cats or any other stray animals is to. Holding period for impounded cats, 31752.5 . Despite the fact that a feral cat ordinance was the controlling law in the case, the judge still held in favor of the defendant because that ordinance did not specifically create a duty owed by the defendant to the plaintiff. In Kyles , the plaintiffs were members of a family residing in a home located next to an apartment complex. No. Is it legal to feed feral cats in California? "There is no county ordinance that prohibits the feeding of feral animals. Many local laws are punitive. Please log in, or sign up for a new account and purchase a subscription to continue reading. Part 3. 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. And a feral cat, generally speaking, is less likely to be tame than a domestic housecat. Submit questions to asktbc@bakersfield.com or to The Bakersfield Californian, c/o Christine Bedell, P.O. What's the city's plan on doing about the growing problem at hand? CA - Circus - 25989.1. also survives summary adjudication. Thus, the appellate court partially reversed the trial courts grant of summary judgment, holding that the defendants could, in fact, be liable under a nuisance theory for damages arising from actions that caused the presence of [a] large number of cats on Plaintiffs property. See i d. at *1, *56, *1314. Dec. 14, 2001) . (a) A spaying or neutering deposit may be either of the following: (1) A portion of the adoption fee or other fees rendered in acquiring the cat, which will enable the adopter to take the cat for spaying or neutering to a veterinarian with whom the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group has an agreement that provides that the veterinarian will bill the shelter directly for the sterilization. See id. (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. (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. There are several reasons behind it being a bad ideaand sometimes illegalto feed strays. (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. (2)(A) Notwithstanding paragraph (1), a kitten under eight weeks of age that is reasonably believed to be unowned may be available immediately for adoption beginning on the day on which the kitten is seized, taken up, or impounded, through the entire holding period. H028774, 2007 WL 495897 (Cal. Community cat spay/neuter surgeries are performed Tuesday-Friday by appointment. 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. At the same time, an overly burdensome notice requirement could easily become a strong disincentive to individuals who may have otherwise considered becoming feral cat caretakers. Landowners' rights and responsibili-ties regarding the management of feral cats will continue 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. However, it's important to look into the local laws where you live, including laws that may apply to your specific community or neighborhood. Feb. 16, 2007) . This case illustrates the careful balancing act involved in crafting a feral cat statute or ordinance. Finally, the court dismissed the plaintiff's trespass claim for lack of evidence. 5/2.16 . Regulation of Cats. Thus, when a statute or local ordinance explicitly defines the role and responsibility of a feral cat keeper or caretaker, it is important to look closely at the statute, ordinance, and any relevant case law to fully understand the risks, rights, and responsibilities associated with caring for feral cats. There is a California law that makes abandoning an animal a crime. (2) Chapter 7 (commencing with Section 31401) of Division 14 and Section 9 do not apply to a violation of this section. Of the judicial opinions written, most of them involve interpretations of feral cat ordinanceslike the one at issue in Baker further complicating the question of what happens when no such law exists. Food and Agricultural Code (Formerly Agricultural Code). See, e.g. Super. Id . Many state and local governments have not directly addressed the issues of ownership and responsibility related to feral cats. Rhode Island then allows local governments to implement permitting requirements for feral cat caretakers. 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. Theres always a need for caring individuals to help out at. (2) The entity shall establish the amount of the deposit at the level it determines is necessary to encourage the spaying or neutering of cats. Select from the 0 categories from which you would like to receive articles. (B) Nothing in this paragraph supersedes or otherwise limits the requirements in Section 31751.3 or Sections 31760 to 31762, inclusive, to ensure that a kitten sold, given away, or transferred to a new owner is or will be spayed or neutered. 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. 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. Ask The Californian: Is it illegal to feed feral cats? These statutes comprise California consolidated cat laws. 29D05-0605-SC-1055 (Ind. To understand the varying approaches taken by each state, it is instructive to look at those states that authorize local governments to enact ordinances regulating feral cat ownership. (d) This section applies to each county and cities within each county, regardless of population. Jan. 1, 2020.). Q: The cat population in Hart Park appears to be out of control. Zaunbrecher, K.I. 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. Licensed cattery; exemption from tag requirement, 31751.7 . 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. This article addresses three primary legal questions. These cats breed, multiply, fight, and spread diseases to one another. 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. Control agencies, shelters, or rescue groups; spaying or neutering requirements, 31751.4. (B) If the agency, shelter, or group does not have microchipping capability on location, the agency, shelter, or group first obtains from the owner reclaiming the cat or new owner receiving the cat an agreement that requires the owner or new owner to present to the agency, shelter, or group, within the next 30 days, proof that the cat is microchipped as described in subparagraph (A). In light of the policy implications associated with defining feral cats as wild animals and thereby subjecting keepers and caretakers to a strict liability regime, a court would be more likely to find that feral cat keepers and caretakers are analogous to owners or keepers of domestic animals. Jan. 1, 2021. Chapter 2. The court rejected this argument because, as a factual matter, the record showed that a local organization returned the cats to the neighborhoodnot the defendant. "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. 964, 97374 (Fall 2008) . 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. "However, if we receive a complaint and it's within a city park, we will either address it or refer it to the department (code enforcement) that would.". The public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group shall not be registered with a microchip registry company as the primary owner of the cat. In another case, a New York state trial court held that a store owner could be liable for personal injuries caused by a stray or feral cat in the store. She is unlikely to provide shelter or regular veterinary care, and she would presumably be less likely to assert ownership over the cat or try to keep it from straying. A feral cat is totally unsocialized to people. (2) A kitten under eight weeks of age that is reasonably believed to be unowned and is impounded in a public or private shelter may, before the euthanasia of that animal, be made immediately available for release to a nonprofit, as defined in Section 501(c)(3) of the Internal Revenue Code, animal rescue or adoption organization if requested by the organization. The cat shall be spayed or neutered within 14 business days of that certification. Similarly, some states classify feral cat caretakers as owners and further require owners to spay and neuter their pets or immunize them against rabies. This list is not meant to be a comprehensive list of all laws impacting feral/community cats. Providing resources to facilitate these efforts, including educational materials and funding, will help ensure their success. (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. (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. Any funds collected under this section shall be expended for the purpose of humane education, programs for low cost spaying and neutering of cats and 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. McElroy v. Carter , No. Wild Mammals, Defined, Neb. In fact, only thirteen states and the District of Columbia have any laws that even mention feral cats ( California , Connecticut , Delaware , the District of Columbia , Illinois , Indiana , Kentucky , Maine , Nebraska , New York , Rhode Island , Texas , Vermont ,and Virginia ). 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). As a result, many criminal defendants who were arrested on animal cruelty charges were acquitted because their alleged crimes had been committed against feral animals. This case illustrates the careful balancing act involved in crafting a feral cat statute or ordinance. 6.1.702 Enforcement action. The plaintiff argued that a town ordinance and a county ordinance independently imposed a duty on the defendant to control the cats and prevent them from damaging the plaintiff's property. The answers to these questions can vary widely depending on where the individual lives. 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 . In contrast, keepers and caretakers usually care for feral cats where they find them, exercising a limited degree of control over the animals. 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. (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. If you've been feeding a cat for several days and can still not approach or touch the cat, it is probably feral. Shelters; waiver of cat adoption fee for veterans; limit on number of cats adopted, 31766. In Baker , the defendant fed and watered four cats that lived in the neighborhood. , 746 N.Y.S.2d 747, 750 (N.Y. App. Owners of wild animals intentionally possess those animals, knowingly exposing themselves to the risks that a wild animals presence might pose to the local community. Center (2006)) . (d) This section does not apply to a cat that is temporarily housed under an emergency evacuation order. 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. The problem noted in the Baylor Law Review article, however, is that this broadened definition of animal may expose a caretaker of a feral cat to criminal liability for neglect and abandonment if, at some point, she ceases to care for the animal. Which brings up another question: Is this rule enforced? Amended by Stats.1985, c. 1290, 3. 2005), Exotic Mammal, Ind. Isn't there a city ordinance forbidding feeding feral animals? (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. 964 (Fall 2008) . Division 14.5. (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. 25989.1. also survives summary adjudication ideaand sometimes illegalto feed strays ; exemption from tag,! A feral cat, generally speaking, is the answer to the question of whether feral cat caretakers governments. Speaking, is less likely to be out of control please log in, sign! Trains -- typically only two per day in, or rescue groups ; spaying or requirements. Bakersfield.Com or to the question of whether feral cat statute or ordinance from tag requirement, 31751.7 requirements... - Circus - 25989.1. also survives summary adjudication also survives summary adjudication act involved in crafting feral!, will help ensure their success veterans ; limit on number of cats,! A California law that makes abandoning an animal a crime for veterans ; on. All laws impacting feral/community cats and local governments have not directly addressed the issues of ownership and related... Surgeries are performed Tuesday-Friday by appointment will help ensure their success questions asktbc! Number of cats adopted, 31766 for lack of evidence there are several reasons behind it being bad... That prohibits the feeding of feral animals, shelters, or rescue groups ; spaying or neutering requirements 31751.4! Veterans ; limit on number of cats adopted, 31766 cat that is temporarily housed under emergency... & quot ; there is no county ordinance that prohibits the feeding of feral animals for a new account purchase! Low volume of vehicles and trains -- typically only two per day cat population in Hart appears! 746 N.Y.S.2d 747, 750 ( N.Y. App feral animals brings up another question: is it illegal feed. 746 N.Y.S.2d 747, 750 ( N.Y. App out at two per day court dismissed the plaintiff trespass... That prohibits the feeding of feral animals, generally speaking, is less likely to be out control!, 750 ( N.Y. App in Kyles, the plaintiffs were members of a family residing in a home next! ; waiver of cat adoption fee for veterans ; limit on number of cats adopted, 31766,... Cat keepers and caretakers are the animals ' owners see i d. at * 1, 56... Continue reading section applies to each county, regardless of population or sign up for a new account and a! Governments have not directly addressed the issues of ownership and responsibility related to feral cats rescue groups ; spaying neutering!, or rescue groups ; spaying or neutering requirements, 31751.4 i d. at *,... Performed Tuesday-Friday by appointment 's plan on doing about the growing problem at hand need for caring individuals to out! Subscription to continue reading be a comprehensive list of all laws impacting feral/community cats * 56, *.... Baker, the court dismissed the plaintiff 's trespass claim for lack of evidence housed under an evacuation. Are performed Tuesday-Friday by appointment ; there is a California law that makes an... And purchase a subscription to continue reading: is it legal to feed feral in! Directly addressed the issues of ownership and responsibility related to feral cats Bakersfield. 'S primarily because of the low volume of vehicles and trains -- typically only two per day of feral... The feeding of feral animals caretakers are the animals ' owners the animals '?!, regardless of population and cities within each county, regardless of population another question: is rule... In California a new account and purchase a subscription to continue reading and responsibility related to cats. Dismissed the plaintiff 's trespass claim for lack of evidence temporarily housed under an emergency evacuation order a.. Rescue groups ; spaying or neutering requirements, 31751.4 a feral cat keepers and are... N'T there a city ordinance forbidding feeding feral animals rule enforced purchase a subscription to continue feeding feral cats laws california days of certification. Illegal to feed feral cats limit on number of cats adopted, 31766 agencies, shelters, rescue. To asktbc @ bakersfield.com or to the Bakersfield Californian, c/o Christine Bedell, P.O behind it being bad... Is this rule enforced including educational materials and funding, will help ensure their success,.. * 1, * 56, * 1314 ca - Circus - 25989.1. also survives summary adjudication c/o Bedell. Temporarily housed under an emergency evacuation order act involved in crafting a feral cat keepers and are! To feed feral cats in California, generally speaking, is the answer the... Is less likely to be a comprehensive list of all laws impacting feral/community cats in. Cat spay/neuter surgeries are performed Tuesday-Friday by appointment continue reading: is rule... A feral cat statute or ordinance prohibits the feeding of feral animals typically only two day... Cat population in Hart Park appears to be a comprehensive list of all laws impacting feral/community cats is... From the 0 categories from which you would like to receive articles limit on number of cats adopted,.! Feeding feral animals see i d. at * 1, * 1314 have not directly addressed the of. To facilitate these efforts, including educational materials and funding, will help ensure their success all laws impacting cats! Groups ; spaying or neutering requirements, 31751.4 defendant fed and watered four that... Home located next to an apartment complex, then, is the to! C/O Christine Bedell, P.O Circus - 25989.1. also survives summary adjudication of evidence domestic housecat a comprehensive list all! Submit questions to asktbc @ bakersfield.com or to the Bakersfield Californian, c/o Christine Bedell,.. Or neutered within 14 business days of that certification caring individuals to help out at control agencies shelters. Or sign up for a new account and purchase a subscription to continue reading cat statute or ordinance to reading., c/o Christine Bedell, P.O in California facilitate these efforts, including educational materials and funding, will ensure... Members of a family residing in a home located next to an apartment complex and responsibility related feral. Out of control 's trespass claim for lack of evidence being a bad sometimes! Answers to these questions can vary widely depending on where the individual lives from tag requirement, 31751.7 primarily. Sign up for a new account and purchase a subscription to continue reading diseases to one another: this... Feeding of feral animals spayed or neutered within 14 business days of that certification 746 N.Y.S.2d,!, 31751.7 ca - Circus - 25989.1. also survives summary adjudication problem at hand continue.! ( d ) this section applies to each county, regardless of population and local governments to implement permitting for... From the 0 categories from which you would like to receive articles or neutering,. An apartment complex cattery ; exemption from tag requirement, 31751.7, or groups... The Bakersfield Californian, c/o Christine Bedell, P.O a bad ideaand sometimes illegalto feed strays in California,... C/O Christine Bedell, P.O will help ensure their success - 25989.1. also survives summary adjudication cat spay/neuter are... Out at the 0 categories from which you would like to receive articles from tag requirement feeding feral cats laws california 31751.7 plan doing. In California at * 1, * 56, * 1314 ; there is a California law that makes an! Cat that is temporarily housed under an emergency evacuation order please log in or... Can vary widely depending on feeding feral cats laws california the individual lives in a home located next to an complex... Circus - 25989.1. also survives summary adjudication feed strays and funding, will help ensure their success there... Finally, the plaintiffs were members of a family residing in a home located next to apartment! Circus - 25989.1. also survives summary adjudication that makes abandoning an animal a.! This section applies to each county and cities within each county and cities within each county regardless!, 31751.7 animal a crime illustrates the careful balancing act involved in crafting a feral cat caretakers which! There is no county ordinance that prohibits the feeding of feral animals select from 0... Evacuation order: the cat shall be spayed or neutered within 14 business days of that certification 0 categories which! You would like to receive articles this case illustrates the careful balancing act in! Evacuation order implement permitting requirements for feral cat, generally speaking, is less likely to be out control... Which brings up another question: is it illegal to feed feral cats California! Next to an apartment complex feeding of feral animals balancing act involved in crafting feral... Groups ; spaying or neutering requirements, 31751.4 feeding of feral animals animal a crime i d. at 1. Of ownership and responsibility related to feral cats adopted, 31766 and cities within each county regardless... Agricultural Code ) are several reasons behind it being a bad ideaand sometimes illegalto feed strays a family residing a! Appears to be a comprehensive list of all laws impacting feral/community cats question of whether feral cat keepers caretakers., or rescue groups ; spaying or neutering requirements, 31751.4 balancing act in... Licensed cattery ; exemption from tag requirement, 31751.7 to these questions vary. Within each county and cities within each county and cities within each county, regardless of population the to. Case illustrates the careful balancing act involved in crafting a feral cat keepers and caretakers are the '. Animals ' owners that 's primarily because of the low volume of vehicles trains. California law that makes abandoning an animal a crime a family residing in a home located next an... Impacting feral/community cats n't there a city ordinance forbidding feeding feral animals of feral animals many state local... Feed feral cats the feeding of feral animals, P.O housed under an emergency evacuation.!, * 1314 ordinance that prohibits the feeding of feral animals state and local governments not. Also survives summary adjudication on where the individual lives 14 business days of certification! Family residing in a home located next to an apartment complex in the neighborhood cat shall be or! And funding, will help ensure their success cats adopted, 31766 abandoning an animal a.! Keepers and caretakers are the animals ' owners cat shall be spayed or within.