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 ). Another indicator that courts may be unwilling to independently determine the rights and responsibilities of feral cat caretakers is the Indiana Superior Court's decision in Baker v. Middleton , C.A. This subdivision is applicable within any county. (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. Debunking the Myths and Misinformation: Cat Predation Why Eradication Methods Fail Handbook Download Cat Health & Supplies Health Care for Your Cat > Vaccines Wellness Vet Checkups Microchiping Nail Trimmings But my guess is, whatever you do it will just makes things MUCH WORSE with the neighbor. (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. Thank you for reading! (b) Any person who provides false information pursuant to this subdivision about his or her ownership of the cat shall be liable to the true owner of the cat in the amount of one thousand dollars ($1,000). . at 97374, 966. Center (2006)) . First, feral cats are members of the same species as domestic cats. Ct. Mar. Further, the cases that do exist have been based on specific local laws, making it more difficult to determine what a judge might do in the absence of such a statute. 3.2-6524(B) . 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. The court went on to reject two alternative theories of negligence proffered by the plaintiff. 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.". Further, it is a misdemeanor for a cat owner to fail to pay any license tax required by this chapter before February 1 for the year in which it is due. Va. Code Ann. This case illustrates the careful balancing act involved in crafting a feral cat statute or ordinance. There is a California law that makes abandoning an animal a crime. Id. 29D05-0605-SC-1055 (Ind. (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. (c) Public animal control agencies or shelters, society for the prevention of cruelty to animals shelters, humane society shelters, and rescue groups may enter into cooperative agreements with each other and with veterinarians in lieu of requiring spaying and neutering deposits to carry out this section. These laws should apply to all cats, not just owned, family animals. (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. We'll tell you want you need to know. All rights reserved. The caretaker in that case merely fed and watered the cats. The majority of cases that have addressed liability for feral cat owners are unpublished decisions involving local ordinances, highlighting the impossibility of discerning a single set of guidelines for dealing with feral cats. Until then, however, only the courts can provide clearer guidance for keepers and caretakers in common law jurisdictions. Jan. 1, 2020. 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, or humane society shelter. (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. It seems to me that Gosford and at least one of the other roads in between Highway 99 could have a bridge to cut down on backed-up traffic. Feb. 16, 2007) . (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. If you've been feeding a cat for several days and can still not approach or touch the cat, it is probably feral. The town ordinance required [e]very person responsible for an animal located within the City to ensure that such animal . Feral cats do not fit neatly within the common law categories of animal ownership. 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. Amended by Stats.2004, c. 253 (S.B.1301), 6. "I would say no, because I've never even had the complaint," Davis said. Bin 440, Bakersfield, CA 93302. Local ordinances concerning the adoption or placement procedures of any animal shelter shall be at least as restrictive as this chapter. These statutes comprise California consolidated cat laws. [d]oes not become a public nuisance, does not run at large, and [d]oes not defecate on the property of another . . Food and Agricultural Code (Formerly Agricultural Code. (Formerly 31751, added by Stats.1970, c. 1303, p. 1303, 1. 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. Beginning June 1, 2008: It is prohibited to feed or otherwise care for free-roaming cats or other animals at the RFS. Therefore, the probability of the city receiving funding from the state is very low. Journal of Applied Animal Welfare Science 2002, 5, 15-28. Restatement (Third) of Torts: Physical and Emotional Harm. 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. ), 31752.5. Dec. 14, 2001) . Here are some of the most common sections of local laws that commonly affect cats. The answers to these questions can vary widely depending on where the individual lives. Council voted 6-0 last Wednesday night to pass an ordinance that makes it illegal for anyone . . (a) Except as provided in Section 17006, any animal relinquished by the purported owner that is of a species impounded by public or private shelters shall be held for the same holding periods, with the same requirements of care, applicable to stray dogs and cats in Sections 31108 and 31752, and shall be available for owner redemption or adoption for the entire holding period. (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. I.e., if someone abuses a colony of cats, each cat harmed counts as a separate offense. 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. (4) For purposes of subparagraph (B) of paragraph (1), an owner reclaiming a cat or new owner receiving a cat is not required to register the cat's microchip number with a microchip registry company that will use, without the owner's or new owner's consent, the personal information of the owner or new owner for purposes other than to reunite the owner or new owner with the cat. Jan. 1, 2023.). 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. Rather, they typically authorize local governments to enact their own ordinances. (3) Some people care for or own feral cats. This list is not meant to be a comprehensive list of all laws impacting feral/community cats. ), 31751.5. Will she consider the possible rights and responsibilities that might arise from her caretaking? Jan. 1, 2016; Stats.2019, c. 216 (A.B.273), 12, eff. Renumbered 31751.3 and amended by Stats.1998, c. 747 (A.B.1856), 6, operative Jan. 1, 2000. Under this system, a person who feeds feral cats outside of her office building every morning might not be subjected to liability at all, whereas a person who provides shelter, food, water, and veterinary services for a group of feral cats would be more likely to be liable for the actions of those animals. C. G. S. A. However, at least two sources, the Baylor Law Review article and Baker ,indicate that courts and juries may be unwilling to afford protection to feral cats or assign responsibilities to their caretakers when those rights and responsibilities have not been explicitly outlined by a statute or local ordinance. The answer to this question is likely to depend on the degree of control that the individual exercises over the cats. The question, then, is what will a court in a common law jurisdiction do when faced with a feral cat keeper or caretaker who has exhibited greater evidence of ownership than the defendant in Baker ? Under the Texas Animal Health and Safety Code, "custody" includes responsibility for the health, safety, and . M2005-00414-COA-R3-CV, 2006 WL 2805141, at *6 (Tenn. Ct. App. 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. 31760. In this section a "keeper" includes any person or organization regularly feeding a feral cat. 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. 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