feeding feral cats laws california

As discussed above, the issue in Baker required the court to interpret a feral cat ordinance . Holding period for impounded cats, (Added by Stats.1980, c. 1060, p. 3397, 2. M2005-00414-COA-R3-CV, 2006 WL 2805141, at *6 (Tenn. Ct. App. In states that have not addressed feral cats in their laws, to what extent can a caretaker be liable for tort damages caused by feral cats? 76-9-301 . (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. At the same time, the level of control exercised by feral cat keepers and caretakers is often significantly less than the control exercised by an owner of a domestic housecat. (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. (e) 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. (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. West's Annotated California Codes. Ownership For purposes of this subdivision, raw fur has the same meaning as defined in Section 4005. 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. Rather, they typically authorize local governments to enact their own ordinances. In fact, the court noted that Indy Feral's website, offered as an exhibit by the defendant, states that feral cats will become an even greater nuisance if they are not fed on a regular basis, since this will require to the cats to forage for food. 2, 2007) (pdf file - 628.01 KB). Theres no federal law that prohibits feeding stray cats or any other type of animal. Plum officials have enacted a new law in order to discourage residents from taking care of feral cats. The same level penalty can apply, or the penalties may increase upon a second or third violation. Failure to comply with spaying or neutering agreements; forfeitures and fines; extensions of time, 31763. 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. 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. An animal is feral if it [e]xist[s] in a wild or untamed state, either naturally or having returned to such a state from domestication. The American Heritage Science Dictionary (Houghton Mifflin 2002). Licensed cattery; exemption from tag requirement. at 97374, 966. 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. (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. (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). For the purposes of this division, each member of a litter of kittens, weaned or unweaned, shall be treated as an individual animal. The law in California that allows non-profit organizations to remove feral cats from animal shelters as an alternative to destruction appears to incorporate past lessons on the need for public support. So while feral cats are part of a domesticated species, it is possible that a court might find that specific feral cats qualify as wild animals, which would subject their owners and keepers to different requirements than owners and keepers of domestic cats. 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"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. (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. (a) A mammal occurring naturally in California that is not a game mammal, fully protected mammal, or fur-bearing mammal is a nongame mammal. Fish and Game Code. Will she attempt to prevent the cat from trespassing on her neighbors property or bringing other cats to the neighborhood? (a)(1) If a recipient fails to comply with the spaying or neutering agreement within 30 business days after the agreement is signed, the recipient shall forfeit the sterilization deposit and is subject to a fine pursuant to Section 31763. (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). 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. Birds and Mammals. "The application includes ranking the existing at-grade crossing on a formula that considers several aspects of the existing crossing. Similarly, Kentucky has enacted a statute that states, [a]ny person with feral cats on his premises shall make a reasonable effort to capture or vaccinate the cats. KY ST 258.015 . (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. 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. (2) Chapter 7 (commencing with Section 31401) of Division 14 and Section 9 do not apply to a violation of this section. (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. Holding of other impounded animals, 31754 . Giving food to stray cats may seem like a noble gesture at first sight. (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. (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. Rev. 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. The key question in either case is whether the owner has a duty to control the cat's behavior. 510 I.L.C.S. Jan. 1, 2020. 5/2.16 . "Pets that are abandoned face the dangers of the elements, predators, other animals, vehicles and even humans. 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. See generally 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. David Favre & Murray Loring, Animal Law 8 (1983). 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. Whats more, feeding strays attracts even more cats to the immediate area. Second, the article addresses the question of whether feral cat keepers or caretakers can be held civilly liable for the actions of feral cats. . 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. Jan. 1, 2021. These cats damaged the plaintiffs home, destroying insulation, a vapor barrier, and duct work. 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. App. In Kyles , the plaintiffs were members of a family residing in a home located next to an apartment complex. 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. Division 14.5. Thank you for reading! It is important to note, however, that very few cases have addressed the issue of civil liability for feral cat keeping or caretaking. (d) A public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group may transfer to a new owner a cat that has not been spayed or neutered only if the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group does both of the following: (1) Requires a written agreement, executed by the recipient, acknowledging the cat is not spayed or neutered and the recipient agrees in writing to be responsible for ensuring the cat will be spayed or neutered within 30 business days after the agreement is signed. 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. Unfortunately, animal abandonment is a growing problem. required by law. "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. Chapter 1. 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. Key question in either case is whether the owner has a duty to control the cat 's behavior protected. Cat 's behavior their own ordinances spaying or neutering agreements ; forfeitures and fines ; extensions of,... Attracts even more cats to the immediate area Murray Loring, animal law 8 ( 1983 ) of a residing! They typically authorize local governments to enact their own ordinances application includes the... Neutering agreements ; forfeitures and fines ; extensions of time, 31763, a vapor barrier, duct. Residing in a home located next to an apartment complex owner has a duty to the. 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