), 31752. Ann. Also, laws can state that a separate violation occurs to each animal involved. (For further discussion of general issues pertaining to feral cats and feral cat colonies, see Anthony B. Lacroix, Feral Cats , Animal Legal & Hist. The reasoning in these cases could be applied to feral cat keepers in caretakers in jurisdictions that consider keepers and caretakers to be owners. (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. 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. Will the kindhearted bystander wonder whether feeding the cat will cause her to become the cats legal owner? First, how does feeding feral cats negatively impact the community? When to Separate a Kitten from Its Mother, Invasive Rats and Their Influence on Reef Fish, The Giant Golden-Crowned Flying Fox, the World's Largest Pollinator, One way to help cats or any other stray animals is to. The court noted that the plaintiff could have prevented mostif not allof the damage caused by the feral cats if the plaintiff had simply been notified of the colony's presence in the neighborhood. If you are caught feeding coyotes, you could face jail time or a fine of up to $1,000. 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. Generally, the period of retention for an owner to reclaim his or her pet is between 72 hours and ten days. 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. Holding of other impounded animals, 31754 . Cal. In that case, the recipient may receive a reimbursement of the sterilization deposit by submitting to the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group within the sterilization period a signed letter from a veterinarian licensed to practice medicine in this state stating that the animal has died. 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. Positive Cases Among Kern Residents: 309,529, Recovered and Presumed Recovered Residents: 304,455, Percentage of all cases that are unvaccinated:71.13, Percentage of all hospitalizations that are unvaccinated:83.13, Source: Kern County Public Health Services Department. For the purposes of this division, each member of a litter of kittens, weaned or unweaned, shall be treated as an individual animal. (b) For the purposes of this section, a feral cat is defined as a cat without owner identification of any kind whose usual and consistent temperament is extreme fear and resistance to contact with people. 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. 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. Theres always a need for caring individuals to help out at. There is no county law prohibiting the feeding of wild animals. "There is no county ordinance that prohibits the feeding of feral animals. Virginias comprehensive animal statute is a clear illustration of how a caretaker might be exposed to criminal liability for failure to comply with registration and spay/neuter requirements. Fish & G. Code 4150 - 4151, CA FOOD & AG 31750 - 31766; CA FISH & G 4150 - 4151. There is also a colony at the 24th Street/Kern River bridge. This would expose keepers and caretakers to liability for the actions of feral cats, but it is plausible that a court would limit the liability of those keepers and caretakers to reflect the more limited degree of control that they exercise over the cats. Not only do they fail to meet minimal nutritional requirements, but they can also be extremely harmful to a cats health in general. Low 34F. Control agencies, shelters, or rescue groups; spaying or neutering requirements, 31751.4. One commentator who has analyzed the issue in Texas raised the possibility that an individual who cares for a feral cat could be held criminally liable for abandonment if that individual ceased to provide the cat with food and water or failed to pay for the cats necessary medical treatment. 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 ? If the cat is determined to be docile or a frightened or difficult tame cat, the cat shall be held for the entire required holding period specified in Section 31752. (2) Notwithstanding subdivision (a), this section does not require a cat to be microchipped if the agency, shelter, or group receives a signed form from the owner reclaiming the cat or new owner receiving the cat that states that the cost of microchipping would impose an economic hardship for the owner or new owner. Mammals. Beginning June 1, 2008: It is prohibited to feed or otherwise care for free-roaming cats or other animals at the RFS. (d) This section applies to each county and cities within each county, regardless of population. Holding period for impounded cats, (Added by Stats.1980, c. 1060, p. 3397, 2. Chapter 2. Implementation of a Feral Cat Management Program on a University Campus. Id. In general, though, these state laws are strictly definitional. We'll tell you want you need to know. Detailed Discussion of Feral Cat Legal Issues. Chapter 3. (a) Upon relinquishment of a cat to a public or private shelter, the owner of that cat shall present sufficient identification to establish his or her ownership of the cat and shall sign a statement that he or she is the lawful 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. 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. Therefore, the probability of the city receiving funding from the state is very low. Further, the statute provides that any refusal to permit any animal control officer to impound such cat shall be deemed evidence of ownership . Jan. 1, 2020. Ct. Mar. at 45; see also McElroy v. Carter , No. Mammals. Cloudy. (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. In todays article, well tell you why feeding stray cats can be harmful and sometimes even illegal. "There is a California law that prohibits the abandonment of animals PC 597s(a): 'Every person who willfully abandons any animal is guilty of a misdemeanor.' Spayed or neutered cats; reduction in fee. As discussed above, this varying degree of control over feral cats is why common law jurisdictions are likely to determine liability based on the amount of control that a particular keeper or caretaker has exercised. Ensuring animals are sterilized prior to entering the community ensures that they will not contribute to the existing dog and cat population. Since 2006, Los Angeles and Orange Counties have had 122 reported human cases of this disease; all but one of the cases . Here are some of the most common sections of local laws that commonly affect cats. "The application includes ranking the existing at-grade crossing on a formula that considers several aspects of the existing crossing. (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. "Historically, the city has received about $5 million for each project through this program. (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. 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 . (3) Submits to a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group false information regarding sterilization fees or fee schedules. ), 31752.5. There are several reasons behind it being a bad ideaand sometimes illegalto feed strays. Their presence increases hygiene and health problems which are already an issue for society. Division 14.5. The first problem is the question of whether feral cats are wild or domestic animals. Id. What, then, is the answer to the question of whether feral cat keepers and caretakers are the animals' owners? 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. Part 3. (4) The cat shall be spayed or neutered within 14 business days of that certification. No, that was not a typo, there is potential criminal liability for feeding feral cats. A: There's a prohibition in the city of Bakersfield, but not in unincorporated areas of Kern County. Nongame mammal defined; possession and taking; trapping for recreation or commerce; sale of raw fur. And these colonies can be a threat to public health. The possibility of criminal penalties could serve as a significant deterrent to potential feral cat caretakers, thereby undercutting the statutes purpose of promoting the welfare of feral animals. Unfortunately, the answers to these questions are unclear and depend heavily on the local law. 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). (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. Food and Agricultural Code (Formerly Agricultural Code). . Id. The cats also urinated and defecated in the crawl space of the home. Shelters; waiver of cat adoption fee for veterans; limit on number of cats adopted, 31751.5 . In the vast majority of jurisdictions, however, courts will have no guidance other than common law. 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