If your town is considering a feeding ban proposalor you've been threatened with or given a citation related to a feeding ban ordinance already in placewe know that you are in a difficult situation and facing difficult decisions about caring for cats. 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. "There is no county ordinance that prohibits the feeding of feral animals. Mammals. In this section a "keeper" includes any person or organization regularly feeding a feral cat. 5/2.16 . 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. 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. to what extent can a caretaker be liable for tort damages caused by feral cats? 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. Regulation of Cats Generally. Will she attempt to prevent the cat from trespassing on her neighbors property or bringing other cats to the neighborhood? , Exotic Mammal, Ind. 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. Zoning regulations, in addition to pet limit restrictions, may also impact community cat efforts if ownership is defined in a way that applies to caretakers of community cats. My Animals A blog on tips, care and everything related to the world of animals. 2012 2023 . (4) 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. Isn't there a city ordinance forbidding feeding feral animals? This subdivision is applicable within any county. The court found that the total amount of damage caused by the cats to the plaintiff's property was approximately $2000. Chapter 3. And as their numbers grow, they become impossible to nourish, which can lead them to starve Especially when well-intending neighbors become overwhelmed by the crowd and stop setting out food. (5) It is cruel to keep feral cats caged for long periods of time; however, it is not always easy to distinguish a feral cat from a frightened tame cat. Generally, the state laws that do address these issues do not create substantive guidelines. That way, you can avoid possible fines or other penalties. Zaunbrecher, K.I. 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. Code 14-8-2-87 (2009. Enforcement 6.1.801 Entry on premises to seize and impound animals. (Added by Stats.2019, c. 205 (S.B.245), 4, eff. 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. 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. Landowners' rights and responsibili-ties regarding the management of feral cats will continue (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. In one recent case, a California appellate court recently held that the plaintiffs nuisance claim, which was based on the defendants alleged failure to cease activity that resulted in the attraction of feral and domestic cats to the plaintiffs backyard, survived summary judgment. Drop off is between 9-9:30am Tuesday-Friday only. ), 31751.6. Besides the above, if youre passionate about animals and advocating for their well-being, why not volunteer? Article 1. . 22-339d(a) (West 2001). (3) An agency, shelter, or group may require proof that the cat is microchipped pursuant to paragraph (1) before releasing, adopting out, selling, or giving away the cat. 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. Cal. Despite endless campaigns to raise awareness, there are still humans that make the decision to abandon their pets. Therefore, the probability of the city receiving funding from the state is very low. This includes anyone that is abandoning animals at any location in the county. Rhode Island then allows local governments to implement permitting requirements for feral cat caretakers. at 10. Generally, legislatures pass laws to correct perceived deficiencies in existing law, particularly when there is no indication that the new legislation is intended to codify the current common law rule. It reads, in part, that "it is unlawful for any person" to "purposely or knowingly, in any manner, provide access to food, feed or bait to any wild animal, including, but not limited to, coyotes, deer, squirrels, feral cats, foxes, raccoons, skunks, waterfowl, birds or beavers.". Thus, it is vital that the drafters of feral cat legislation consider the effect that such legislation might have as a disincentive to individuals who may otherwise be inclined to care for the very animals that feral cat laws are intended to protect. Ct. Mar. (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. "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. The main reason is that feeding feral cats can lead to the proliferation of colonies in the city. Chapter 1. Local ordinances concerning the adoption or placement procedures of any animal shelter shall be at least as restrictive as this chapter. 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. 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. Credits(Added by Stats.1971, c. 1470, p. 2907, 21. Jan. 1, 2020.). Food and Agricultural Code (Formerly Agricultural Code). 2, 2007) (pdf file - 628.01 KB). The court further suggested that counties might resolve this problem by modifying their feral cat ordinances to require feral cat caretakers to notify neighbors of the colony's existence, the potential for damage from such a colony, and appropriate preventative measures that could be taken. Id. The key question in either case is whether the owner has a duty to control the cat's behavior. In the vast majority of jurisdictions, however, courts will have no guidance other than common law. Whats more, feeding strays attracts even more cats to the immediate area. Ctenocephalides felis, regularly infest dogs, cats and opossums in Southern California. What's the city's plan on doing about the growing problem at hand? They can't replace the diagnosis, advice, or treatment from a professional. Chapter 1. Jan. 1, 2019; Stats.2019, c. 8 (A.B.1565), 1, eff. 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. 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. 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 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 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. So we talked to Maggie Kalar, a spokeswoman for the Kern County Animal Control Department, who told us: "There is no county ordinance that prohibits the feeding of feral animals. Repealed by Stats.1985, c. 1290, 2, 31751.3 . The reasoning in these cases could be applied to feral cat keepers in caretakers in jurisdictions that consider keepers and caretakers to be owners. 6.1.703 Removal of animal from City. Id. The most significant responsibility would be the imposition of strict liability on keepers and caretakers of feral cats in jurisdictions where keepers and caretakers are considered owners. See Restatement (Third) of Torts: Physical and Emotional Harm 22(a) (2005). Since feral catslack rigorous controls by a veterinarian, they can carry a variety of illnessesNot to mention that they produce unpleasant smells and messes as well as bothersome noises. . Id. Spayed or neutered cats; reduction in fee, 31751.6 . Second, the article addresses the question of whether feral cat keepers or caretakers can be held civilly liable for the actions of feral cats. 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