(e) As used in this division, a business day includes any day that a public or private shelter is open to the public for at least four hours, excluding state holidays. (Added by Stats.1998, c. 747 (A.B.1856), 6.5, operative Jan. 1, 2000. Among the provisions include possession requirements for non-domestic cats, vaccination and impound procedures for domestic cats, and legislative policy statements about feral cats. The trial court granted summary judgment for the defendants, but the appellate court rejected the trial courts analysis of the plaintiffs nuisance claim. Don't try to handle a feral cat. C. 8217 . Jan. 1, 2021. Animal Cruelty. Giving them a permanent home reduces the number of cats on the streets and this has a positive effect on all the areas we already mentioned. Food and Agricultural Code (Formerly Agricultural Code. (d) During the holding period required by this section and before the adoption or euthanasia of a cat impounded pursuant to this division, a public or private shelter shall scan the cat for a microchip that identifies the owner of that cat and shall make reasonable efforts to contact the owner and notify the owner that the cat is impounded and is available for redemption. Unfortunately, animal abandonment is a growing problem. (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. Therefore, the probability of the city receiving funding from the state is very low. Is it legal to feed feral cats in California? Once more,its extremely important to check into local animal control ordinances. at 96667. "There is a California law that prohibits the abandonment of animals PC 597s (a): 'Every person who willfully. 6.1.702 Enforcement action. at 97374, 966. (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. Could they be exposed to criminal liability for abandonment, neglect, or failure to comply with registration or spay/neuter requirements? In general, though, these state laws are strictly definitional. (Added by Stats.2000, c. 567 (A.B.2754), 4. Local laws, on the other hand, vary significantly from town to town, and some of those laws may even go so far as to expose unwitting caretakers to civil or criminal liability. Someone who cares for a feral cat is likely to limit her activity to feeding, watering, and in some cases spaying or neutering the animal. This case illustrates the careful balancing act involved in crafting a feral cat statute or ordinance. Regulation of Cats Generally. 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. 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. 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. And a feral cat, generally speaking, is less likely to be tame than a domestic housecat. . If you want to gain the trust of a stray cat, you need to make sure you have plenty of patience and follow a few key steps. 3.2-6524(B) . Restatement (Third) of Torts: Physical and Emotional Harm. 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. Nonspayed or unneutered cats; fines. . Despite the fact that a feral cat ordinance was the controlling law in the case, the judge still held in favor of the defendant because that ordinance did not specifically create a duty owed by the defendant to the plaintiff. Ownership Since 2006, Los Angeles and Orange Counties have had 122 reported human cases of this disease; all but one of the cases . In general, though, these state laws are strictly definitional. If the adopter or purchaser presents proof of spaying or neutering to the entity from which the cat was obtained within 30 business days, the adopter or purchaser shall receive a full refund of the deposit. 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. Feral. 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. Jan. 1, 2020.). Id. 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. She is unlikely to provide shelter or regular veterinary care, and she would presumably be less likely to assert ownership over the cat or try to keep it from straying. West's Annotated California Codes. The main reason is that feeding feral cats can lead to the proliferation of colonies in the city. May keepers and caretakers be held civilly liable for the actions of feral cats in their care? 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. 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. Finally, the court dismissed the plaintiff's trespass claim for lack of evidence. Ct. Mar. 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. 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. Implementation of a Feral Cat Management Program on a University Campus. The result of this approach is that the law of feral cats can, and often does, vary drastically within the same state. Code 31750 - 31766; West's Ann. This article addresses three primary legal questions. (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. The statute defines a keeper as any person or organization, harboring, regularly feeding or having in his or its possession any feral cat. The law further clarifies that an individual is more likely to qualify as a keeper if she attempts to prevent an animal control officer from impounding feral cats. 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. Jan. 1, 2016; Stats.2019, c. 216 (A.B.273), 12, eff. 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. Feral cats per se are an admission of society's failure in the process of domesticating cats. Keep reading to discover more information on this issue and why its such a problem. (2) Provides to a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group or a licensed veterinarian inaccurate information regarding ownership of any cat required to be submitted for spaying or neutering under this chapter. Unfortunately, the answers to these questions are unclear and depend heavily on the local law. Second, the article addresses the question of whether feral cat keepers or caretakers can be held civilly liable for the actions of feral cats. 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. Keepers and caretakers provide a valuable service, and the law should not discourage these individuals from caring for animals in need. McElroy v. Carter , No. Neutering of feral cats as an alternative to eradication programs. to what extent can a caretaker be liable for tort damages caused by feral cats? Feb. 16, 2007). Div. This includes anyone that is abandoning animals at any location in the county. 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. Consequently, feral cats do not fall under any authority or jurisdiction within our public institutions. This article addresses three primary legal questions. This may reflect the legislatures intent to solve the problem of discouraging good Samaritans. (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. A: There's a prohibition in the city of Bakersfield, but not in unincorporated areas of Kern County. 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. Based on these unique risks, the court articulated a limited exception to the general rule that the negligence standard does not apply to injuries caused by domestic animals, holding that the store owner could be liable for failing to maintain safe premises for his customers. Its also something that can be harmful for the health of these animals themselves. (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. Amended by Stats.1957, c. 1972, p. 3520, 47; Stats.1971, c. 1470, p. 2908, 22.). Similarly, Delaware defines a keeper of a stray cat as any person who has possession of or control over the animal and has fed the cat for three or more consecutive days. (2) An action for a penalty proposed under this section may be commenced by the administrator of the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group from which the recipient obtained the animal that is the subject of the violation in a court of competent jurisdiction. "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.". False information regarding spaying or neutering; civil penalties; use of funds from penalties, 31764. Shelters; waiver of cat adoption fee for veterans; limit on number of cats adopted, 31751.5 . Ct. App. Application of chapter; spaying or neutering required, 31762. Will she attempt to prevent the cat from trespassing on her neighbors property or bringing other cats to the neighborhood? The court found that the total amount of damage caused by the cats to the plaintiff's property was approximately $2000. 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. ), 31751.5. Kyles v. Great Oaks Interests , No. Thus, feral cat caretakers could be subjected to the same fines and citations as other animal owners if they fail to comply with these laws. The policy rationale supporting strict liability is that a wild animal is so inherently dangerous that the burden should be on the owner, who made a conscious decision to possess the animal, to control the animal at all times. 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. 2, 2007) (pdf file - 628.01 KB). California CA Food & Ag Code 31752.5 Regulation of cats - . As noted in the feral cat discussion, some states have reduced the impoundment period for free-roaming cats. Of the judicial opinions written, most of them involve interpretations of feral cat ordinanceslike the one at issue in Baker further complicating the question of what happens when no such law exists. also survives summary adjudication. Thus, the appellate court partially reversed the trial courts grant of summary judgment, holding that the defendants could, in fact, be liable under a nuisance theory for damages arising from actions that caused the presence of [a] large number of cats on Plaintiffs property. See i d. at *1, *56, *1314. Any funds collected under this section shall be expended for the purpose of humane education, programs for low cost spaying and neutering of cats and 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. 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. In this section a "keeper" includes any person or organization regularly feeding a feral cat. There is no county law prohibiting the feeding of wild animals. (d) This section applies to each county and cities within each county, regardless of population. Since conditions can vary from one place to another,its good to seek out the specific animal control regulations where you live. David Favre & Murray Loring, Animal Law 8 (1983). Super. . (2) Chapter 7 (commencing with Section 31401) of Division 14 and Section 9 do not apply to a violation of this section. (b) Except as otherwise provided in this chapter, 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 any cat that has not been spayed or neutered. Will she consider the possible rights and responsibilities that might arise from her caretaking? 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. Feb. 16, 2007) . Despite endless campaigns to raise awareness, there are still humans that make the decision to abandon their pets. The statute explicitly includes feral cats in its definition of companion animal. Va. Code Ann. Thus, the most rational way to determine ownership of feral cats is to use a modified version of the legal regime for owners of domestic animals, in which courts look at the extent to which a particular keeper or caretaker has exercised control over a feral cat and then imposes limited liability in a way that reflects that level of ownership. Subject to some limitations, a person typically owns an animal when she has possession over it (for wild animals, ownership is subject to obtaining proper title from the state; for domestic animals, ownership is often subject to the property interest of the animals prior owner). CA - Circus - 25989.1. (2) Feral cats are cats with temperaments that are completely unsocialized, although frightened or injured tame pet cats may appear to be feral. 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. Ct. Mar. (c) All penalties collected under this section shall be retained by the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group imposing the penalties, to be used solely for purposes provided for under subdivision (c) of Section 31761. Failure to comply with spaying or neutering agreements; forfeitures and fines; extensions of time, 31763. Also, if feeding wild animals is prohibited and the law doesn't clearly define feral cats as domestic animals, it should be addressed. Special Provisions Applicable to Counties with a Population of Less Than 100,000 Persons. 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. The problem is the train crossings, the only place you can cross when a train is blocking the tracks is Highway 99. Food and Agricultural Code (Formerly Agricultural Code). (Added by Stats.1998, c. 752 (S.B.1785), 16.5, operative July 1, 2001. (2) If the agency, shelter, or group does not have microchipping capability on location, the agency, shelter, or group shall make a good faith effort to maintain a list of local and regional free or discounted regional microchipping services and provide that information to the owner or new owner. Birds and Mammals. If an animal has never been owned or directly cared for by any human, then it may be classified as wild even if it is a member of a domesticated species. Id. (2) An animal control officer, humane officer, police officer, peace officer, or any agency authorized to enforce the Penal Code may write citations with a civil penalty stated in an amount corresponding to the violation as provided in Section 31763. . Id. Submit questions to asktbc@bakersfield.com or to The Bakersfield Californian, c/o Christine Bedell, P.O. 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. Id. Spayed or neutered cats; reduction in fee. (B) Forfeited to the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group if proof of spaying or neutering is not presented to the animal shelter within 30 business days. "If a temporary or permanent home cannot be found, owners can always bring their pet to any of the Kern County Animal Control shelters in Bakersfield, Mojave and Lake Isabella. In addition to any required spay or neuter deposit, the public or private shelter, at its discretion, may assess a fee, not to exceed the standard adoption fee, for animals adopted by new owners or released to nonprofit animal rescue or adoption organizations pursuant to this section.

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