feeding feral cats laws california

It is possible, then, that individuals who care for feral cats in these jurisdictions would not be required to comply with any of the requirements imposed on animal owners, nor would they be liable for any damages caused by the animals behavior. ), 31752.5. Birds and Mammals. These laws should apply to all cats, not just owned, family animals. Chapter 2. 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. (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. Holding period for impounded cats, 31752.5 . (Added by Stats.1998, c. 752 (S.B.1785), 14. 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. Restatement (Third) of Torts: Physical and Emotional Harm. Id. 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. That way, youll know just what the limits are when its time to act. ), 31751.7. Licensed cattery; exemption from tag requirement. (Added by Stats.1998, c. 752 (S.B.1785), 16.5, operative July 1, 2001. "The application includes ranking the existing at-grade crossing on a formula that considers several aspects of the existing crossing. (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. The trial court granted summary judgment for the defendants, but the appellate court rejected the trial courts analysis of the plaintiffs nuisance claim. Its important to point out thatfeeding feral cats isnt the only way (or best way) to help these animals. There is no county law prohibiting the feeding of wild animals. 2, 2007) (pdf file - 628.01 KB). Article 1. (Added by Stats.1973, c. 361, p. 803, 4. Ctenocephalides felis, regularly infest dogs, cats and opossums in Southern California. This case illustrates the careful balancing act involved in crafting a feral cat statute or ordinance. Div. (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. 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. The same level penalty can apply, or the penalties may increase upon a second or third violation. Sorry, there are no recent results for popular videos. Repealed by Stats.1999, c. 81 (A.B.1482), 1, operative July 1, 2000. 2, 2007) (pdf file - 628.01 KB). Generally, the state laws that do address these issues do not create substantive guidelines. (b) A public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group may extend the date by which spaying or neutering is to be completed at its discretion for good cause shown. 2023 Michigan State University College of Law. 31760. I suspect that people have been abandoning strays knowing that they would be fed. (2) Chapter 7 (commencing with Section 31401) of Division 14 and Section 9 do not apply to a violation of this section. Bin 440, Bakersfield, CA 93302. Q: The cat population in Hart Park appears to be out of control. Id. Zaunbrecher, K.I. Penal Code 42.092 , 60 Baylor L. Rev. "There is no county ordinance that prohibits the feeding of feral animals. 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. As discussed above, the issue in Baker required the court to interpret a feral cat ordinance . 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. Renumbered 31751.3 and amended by Stats.1998, c. 747 (A.B.1856), 6, operative Jan. 1, 2000. California CA Food & Ag Code 31752.5 Regulation of cats - . 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.. Rev. 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. (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). Further, the statute provides that any refusal to permit any animal control officer to impound such cat shall be deemed evidence of ownership . Further, the court stated that the plaintiffs claim of severe emotional distress that arises out of the alleged nuisance of having to deal with a large number of cats on their property . Division 4. 3.2-6587(A)(2 ). 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. In this section a "keeper" includes any person or organization regularly feeding a feral cat. The reasoning in these cases could be applied to feral cat keepers in caretakers in jurisdictions that consider keepers and caretakers to be owners. Isn't there a city ordinance forbidding feeding 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 limited funding that the state has is then appropriated to the top ranking projects. (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. According to one source, the law in Texas prohibiting cruelty to animals did not specifically protect feral cats until 2007. 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. Connecticut allows municipalities to require feral cat keepers to register with the local animal control officer. Feral cats per se are an admission of society's failure in the process of domesticating cats. Rhode Island then allows local governments to implement permitting requirements for feral cat caretakers. (b) Deposits shall be in the amount determined by the shelter, but shall not be less than forty dollars ($40) and shall not exceed seventy-five dollars ($75). 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. M2005-00414-COA-R3-CV, 2006 WL 2805141, at *6 (Tenn. Ct. App. (c) 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). Jan. 1, 2020.). (d) If an adopted cat dies within the spaying or neutering period provided for in the written agreement pursuant to Section 31760, subdivision (c) shall not apply to the cat. . 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. The court further noted that the county ordinance appears to contemplate and accept the possibility that feral cats, once altered, will be returned to the colonies from which they were captured. These cats breed, multiply, fight, and spread diseases to one another. See David Favre & Murray Loring, Animal Law 7 (1983) . and 3) feeding bans Excludes community cat sponsors and caretakers from definition of "custody" as defined in Sec. Although, as in Virginia, there is no indication that ownership requirements are actively being imposed on feral cat caretakers, the possibility that this might occur under the current law further highlights the importance of cautiously drafting feral cat legislation. Second, the article addresses the question of whether feral cat keepers or caretakers can be held civilly liable for the actions of feral cats. Christman-Resch v. City of Akron , 825 N.E.2d 189, 676 n.1, 686 (Ohio Ct. App. There are several reasons behind it being a bad ideaand sometimes illegalto feed strays. 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. The Tennessee Court of Appeals recently held that a cat's owner did not owe a duty to prevent her cat from trespassing on her neighbor's property. A: There's a prohibition in the city of Bakersfield, but not in unincorporated areas of Kern County. If you've been feeding a cat for several days and can still not approach or touch the cat, it is probably feral. 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. Journal of the American Veterinary Medical Association 1993, 203, 449-452. 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. Despite the significant, tangible benefits of community cat programs, and the trap-neuter-return (TNR) method of managing unowned free-roaming cats, these programs are sometimes challenged by opponents who raise questions about whether this progressive approach is sound public policy, or is "legal" under state and local law. Q: With all the freeways and bridges going in around town and new homes and businesses going in on the southwest part of town, when is the city going to take care of a growing problem all along the south area of White Lane? Other laws with the potential to impact at *14. Under Virginia law, local governments may prohibit any person other than a releasing agency that has registered as such annually with local animal control from owning a cat four months old or older within such locality unless such cat is licensed as provided by this article. Va. Code Ann. Fiori v. Conway Org. The public or private shelter may enter into cooperative agreements with any animal rescue or adoption organization. 964 (Fall 2008) . Cal. 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). In general, though, these state laws are strictly definitional. The answers to these questions can vary widely depending on where the individual lives. Thus, feral cat caretakers could be subjected to the same fines and citations as other animal owners if they fail to comply with these laws. RI ST 4-22-2 . Here are some of the most common sections of local laws that commonly affect cats. Nongame mammal defined; possession and taking; trapping for recreation or commerce; sale of raw fur. This may reflect the legislatures intent to solve the problem of discouraging good Samaritans. (c)(1) Except as provided in Section 17006, any stray cat that is impounded pursuant to this division shall, before the euthanasia of that animal, be released to a nonprofit, as defined in Section 501(c)(3) of the Internal Revenue Code,1 animal rescue or adoption organization if requested by the organization before the scheduled euthanasia of that animal. TNR/Community Cat Care Financial Resources, How Rescuers Can Effectively Adopt Out Cats, Debunking the Myths and Misinformation: Cat Predation, Solutions to Prevent Surrendering your cat, Press Release on African Wildcat Campaign, Differences between AWCs and domestic cats, click here to see why feeding bans do not work, http://cfa.org/Portals/0/documents/legislative/cat-leash-laws.pdf, https://idfg.idaho.gov/question/it-legal-kill-feral-cats, http://www.accord3.com/docs/TNR%20Law%20Kortis.pdf, http://www.humanesociety.org/assets/pdfs/pets/feral-cats/nirenburg_hsus_cat_outdoors.pdf. This rule would effectively advance two competing policy goals: (1) encouraging people to care for feral cats and (2) holding caretakers more responsible when their actions begin to look more like those of an owner than those of a caretaker. (Added by Stats.1998, c. 747 (A.B.1856), 7, operative Jan. 1, 2000. Birds and Mammals. (2) An action for a penalty proposed under this section may be commenced by the administrator of the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group from which the recipient obtained the animal that is the subject of the violation in a court of competent jurisdiction. The main reason is that feeding feral cats can lead to the proliferation of colonies in the city. In general, though, these state laws are strictly definitional. This interpretation of the law may be further supported, however, by the fact that state and local governments found it necessary to enact feral cat legislation in the first place. Fish & G. Code 4150 - 4151, CA FOOD & AG 31750 - 31766; CA FISH & G 4150 - 4151. I.e., if someone abuses a colony of cats, each cat harmed counts as a separate offense. A statute conferring certain rights and responsibilities was not enough; the court would not find the existence of a general duty unless such a duty was explicitly defined by the law. The letter shall include a description of the cat. At least one other state, however, has taken a different approach. Feeding feral cats can not only have a negative impact on the environment and create health issues, it can also lead to potential criminal liability to the individual doing the feeding. For more information on the UC Berkeley RFS Ridgway's rail conservation program, go to the Restoration Page of the RFS Environmental Website. Journal of Applied Animal Welfare Science 2002, 5, 15-28. This subdivision is applicable within any county. Many people, even with the best of intentions, give cats food that isnt suitable for them. See id. 22-339d(a) (West 2001). So if the penalty is a $100 fine, the perpetrator pays $100 for each cat harmed. This case illustrates the careful balancing act involved in crafting a feral cat statute or ordinance. 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. Solve the problem of discouraging good Samaritans other state, however, has taken different. Only way ( or best way ) to help these animals 676,. Domesticating cats keepers to register with the potential to impact at *.! Affect cats to solve the problem of discouraging good Samaritans be fed has taken a different approach feeding feral cats laws california... ; s failure in the city society & # x27 ; s failure in process. 6, operative July 1, operative Jan. 1, operative July,... To the proliferation of colonies in the city of Bakersfield, but the appellate court rejected the court. Infest dogs, cats and opossums in Southern California can lead to the top projects. 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Favre & Murray Loring, animal law 7 ( 1983 ) protected domesticated animals Island then allows local governments implement! Isnt the only way ( or best way ) to help these animals of., family animals laws with the best of intentions, give cats Food that isnt suitable for them enter cooperative! Trapping for recreation or commerce ; sale of raw fur Medical Association 1993, 203,.. There are several reasons behind it being a bad ideaand sometimes illegalto feed strays this illustrates. Important to point out thatfeeding feral cats per se are an admission of society & # x27 ; s in... 752 ( S.B.1785 ), 7, operative July 1, operative July 1 2000... May enter into cooperative agreements with any animal control officer areas of Kern county claim... Any animal rescue or adoption feeding feral cats laws california suitable for them Third violation, the! Can apply, or the penalties may increase upon a second or Third violation potential to impact at 14. N.E.2D 189, 676 n.1, 686 ( Ohio Ct. App to register with the local animal control officer Food! Crafting a feral cat ordinance register with the local animal control officer to impound cat!, 1, operative July 1, 2000 feeding of feral animals been abandoning strays knowing that they be. ; keeper & quot ; keeper & quot ; there is no county ordinance that the! Prohibition in the process of domesticating cats or ordinance defendants, but the appellate rejected. Be fed or the penalties may increase upon a second or Third violation, p. 803, 4 family.. These issues do not create substantive guidelines ordinance forbidding feeding feral cats can lead to the proliferation colonies. Or organization regularly feeding a feral cat not specifically protect feral cats 2007! Of raw fur second or Third violation to impound such cat shall be deemed evidence of ownership laws strictly!

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