In determining whether the nuisance claim could be decided on summary judgment in favor of the defendants, the appellate court evaluated whether the plaintiffs had adequately shown that the defendants owed them a legal duty of care, that the defendants breached that duty, and that the breach was the cause of the plaintiffs damages. 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. 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. Traffic goes crazy when the train blocks Wible, Akers, Stein, Ashe, Gosford and so on. (Added by Stats.1998, c. 752 (S.B.1785), 14. "Such a project would cost on the order of $20 million. H028774, 2007 WL 495897 (Cal. The court found that the total amount of damage caused by the cats to the plaintiff's property was approximately $2000. Many individuals are feeding the cats in two locations. 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). 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. Unless the cat has vicious tendencies that are known to the owner, a court is likely to find a duty only if the damages caused by the cat were reasonably foreseeable. As discussed above, there are serious policy concerns that would likely preclude the imposition of strict liability on feral cat keepers or caretakers, making it implausible to define feral cats as wild animals. David Favre & Murray Loring, Animal Law 8 (1983). Id. By identifying particular, positive programssuch as TNR programsand explicitly exempting participants from the definition of owner, Illinois attempts to ensure that (1) fear of potential liability does not create a disincentive to participate in such a program, and (2) other individuals who might qualify as caretakers or keepers are held responsible for the actions. Unfortunately, animal abandonment is a growing problem. Providing resources to facilitate these efforts, including educational materials and funding, will help ensure their success. 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. The city of Gilbert passed an ordinance in 2018 banning residents from feeding feral cats. 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. Birds and Mammals. The problem is the train crossings, the only place you can cross when a train is blocking the tracks is Highway 99. 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. Fish and Game Code. Fish & G. Code 4150 - 4151, CA FOOD & AG 31750 - 31766; CA FISH & G 4150 - 4151. Not only do they fail to meet minimal nutritional requirements, but they can also be extremely harmful to a cats health in general. Part of the difficulty in determining the default state of the law in the absence of a feral cat statute or ordinance arises from the fact that there are very few court decisions addressing issues related to feral cats. See id. For more information on the UC Berkeley RFS Ridgway's rail conservation program, go to the Restoration Page of the RFS Environmental Website. At the same time, local authorities often argue that the presence of cats attracts other animals that we dont want in urban areas. The caretaker in that case merely fed and watered the cats. This article addresses three primary legal questions. The court did not, however, address the question of whether a feral cat caretaker could be held criminally liable under the ordinancea distinct possibility, given the ordinances broad definition of ownership. Isn't there a city ordinance forbidding feeding feral animals? See David Favre & Murray Loring, Animal Law 7 (1983); see also Eyrich v. Earl , 495 A.2d 1375, 1377 (N.J.Super. ), 31752. What, then, is the answer to the question of whether feral cat keepers and caretakers are the animals' owners? Also, if feeding wild animals is prohibited and the law doesn't clearly define feral cats as domestic animals, it should be addressed. 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. Feeding strays isnt just an issue about the health and comfort of the citizens of a community. 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. In contrast, keepers and caretakers usually care for feral cats where they find them, exercising a limited degree of control over the animals. So if the penalty is a $100 fine, the perpetrator pays $100 for each cat harmed. 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. Will the kindhearted bystander wonder whether feeding the cat will cause her to become the cats legal owner? As discussed above, the issue in Baker required the court to interpret a feral cat ordinance . Sorry, there are no recent results for popular videos. 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. Credits(Added by Stats.1971, c. 1470, p. 2907, 21. (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. "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.". Determining when a feral cat caretaker may be criminally liable is a complex issue that has not been extensively addressed. Failure to comply with spaying or neutering agreements; forfeitures and fines; extensions of time, 31763. Also, laws can state that a separate violation occurs to each animal involved. . First, the article discusses issues related to ownership of and responsibility for feral cats, analyzing the treatment of ownership and responsibility under both feral cat statutes and common law. Kern County Animal Control urges members of the public to try and find other alternatives to abandoning animals such as re-homing a pet with a friend, family member, co-worker, rescue organization or even a neighbor. Will she attempt to prevent the cat from trespassing on her neighbors property or bringing other cats to the neighborhood? Further, feral cat caretakers in these jurisdictions may have a difficult time protecting feral cat colonies from animal control agencies and the actions of private citizens. The answers to these questions can vary widely depending on where the individual lives. Second, keepers and caretakers do not exercise the level of control over feral cats that owners of wild animals exercise over those animals. Ct. App. Feral Cats and the Law Cats and Wildlife > Cats and Predation Where have all the birds gone? In the vast majority of jurisdictions, however, courts will have no guidance other than common law. 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. 964 (Fall 2008) . There's no federal law that prohibits feeding stray cats or any other type of animal. . The county ordinance, which the court found to be the controlling law in the case, stated that [i]t shall be unlawful for a person to provide food, water or shelter to a colony of feral cats. However, the county ordinance explicitly exempted individuals who provide food, water or shelter in conjunction with an authorized TNR program. Ask The Californian: Is it illegal to feed feral cats? Whenever a city or county requires cat license tags, any such 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. The answer to this question is likely to depend on the degree of control that the individual exercises over the cats. (b)(1) Notwithstanding subdivision (a), this section does not require a cat to be microchipped if a licensed veterinarian certifies in writing that the cat is medically unfit for the microchipping procedure because the cat has a physical condition that would be substantially aggravated by the procedure. In Fiori , a customer sued a store owner after the customer was attacked by a cat that had taken up residence in the store and was being fed by store employees. Penal Code 42.092 , 60 Baylor L. Rev. 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. Amended by Stats.1985, c. 1290, 3. But taking care of a stray has a price under state law. Control agencies, shelters, or rescue groups; spaying or neutering requirements, 31751.4. Implementation of a Feral Cat Management Program on a University Campus. That wouldn't really do any good because all of the crossings would be blocked. ), 31751.3. You have permission to edit this article. 3.2-6500 . No. However,its important to understand the diverse legal aspects before doing so. 7 M.R.S.A. (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. However, its important to look into the local laws where you live, including laws that may apply to your specific community or neighborhood. This subdivision is applicable within any county. For the rules in the city, we turned to Tammy Davis, animal control supervisor for the city of Bakersfield, who cited a section of code that defines prohibited activity in city parks. At least one other state, however, has taken a different approach. . 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. "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. The problem, however, is that people do not generally possess a feral cat in the same way that they would possess a dairy cow, a housecat, or a parrot. 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. 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. This site is not a law firm and cannot offer legal advice. 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. It could be foreseeable, then, that a stray or feral cat in a store could injure customers who came on the premises. 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. Cal. Since 2006, Los Angeles and Orange Counties have had 122 reported human cases of this disease; all but one of the cases . 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. RI ST 4-22-2 . (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. [d]oes not become a public nuisance, does not run at large, and [d]oes not defecate on the property of another . Repealed by Stats.1985, c. 1290, 2, 31751.3 . Sept. 29, 2006) (holding that a domestic cat owner is not under a general duty to prevent property damage caused by the cat unless the damages were foreseeable). (4) 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. 31760. Community cat spay/neuter surgeries are performed Tuesday-Friday by appointment. 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. West's Ann. "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. Center (2006)) . Feral cats may approach you when they are extremely hungry, but they will only eat the food you've given them once you've walked away. If the cat is determined to be truly feral, the cat may be euthanized or relinquished to a nonprofit, as defined in Section 501(c)(3) of the Internal Revenue Code,1 animal adoption organization that agrees to the spaying or neutering of the cat if it has not already been spayed or neutered. 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. Code 14-8-2-87 (2009 ); Wild Mammals, Defined, Neb. The question, then, is if a feral cat is not quite a wild animal and not quite a domestic animal, how will a court determine ownership? 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. Theres no federal law that prohibits feeding stray cats or any other type of animal. Id. 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. ), 31754. This may reflect the legislatures intent to solve the problem of discouraging good Samaritans. These fines are for unneutered impounded animals only, and are not in lieu of any fines or impound fees imposed by any individual city, county, public animal control agency or shelter, society for the prevention of cruelty to animals shelter, or humane society shelter. 22-339d(a) (West 2001). 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? (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. I have been told that notched ears means the felines have been spayed or neutered. Nonspayed or unneutered cats; fines. ), 31752.5. 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. at 26. Upon moving into the home, the family noticed that many domestic and feral cats were frequently coming onto their property, and the cats had been defecating and urinating in the plaintiffs yard. (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). 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. 510 I.L.C.S. at 96667. (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. I.e., if someone abuses a colony of cats, each cat harmed counts as a separate offense. Detailed Discussion of Feral Cat Legal Issues. Laws regarding the impoundment of dogs and cats are consistent in most states. When considering rules for managing stray or feral cats, it's best to keep in mind the following: Encourage residents who feed stray and feral cats to have the cats sterilized and vaccinated. 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. Code 14-8-2-87 (2009. (Added by Stats.2019, c. 205 (S.B.245), 4, eff. As discussed below, this diminished level of control makes it difficult to determine how feral cat ownership should be determined in common law jurisdictions. (Added by Stats.1973, c. 361, p. 803, 4. Therefore, in the absence of a specific statute defining the rights and responsibilities of feral cat caretakers, an individual who regularly cares for feral may not qualify as an owner or a legally designated caretaker. Cal. 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. (b)(1) Except as provided in Sections 17006 and 31752.5 and paragraph (2), stray cats shall be held for owner redemption during the first three days of the holding period, not including the day of impoundment, and shall be available for owner redemption or adoption for the remainder of the holding period. Mammals. We seek to change them into positive laws that save animals and meet the needs of cats, caregivers, owners, and the community at large. "Based on the city's experience in submitting applications for other grade separation projects, an application for a grade separation on any of the streets crossing the railroad in southwest Bakersfield would rank low on the state's list. 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