When a person sees a malnourished kitten roaming her neighborhood, her first instinct is often to stop and help. (2) Receives from the recipient a sterilization deposit of not less than forty dollars ($40) and not more than seventy-five dollars ($75), the terms of which are part of the written agreement executed by the recipient under this section. First, how does feeding feral cats negatively impact the community? In states and local jurisdictions where caretakers or keepers of feral cats are considered owners, it is quite possible that a feral cat caretaker could be subject to tort liability for trespass and nuisance claims. Feral cats do not fit neatly within the common law categories of animal ownership. What's the city's plan on doing about the growing problem at hand? 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. A feral cat is totally unsocialized to people. In todays article, well tell you why feeding stray cats can be harmful and sometimes even illegal. 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. This may reflect the legislatures intent to solve the problem of discouraging good Samaritans. 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. Section 17006 shall also apply to these animals. Drop off is between 9-9:30am Tuesday-Friday only. Nonspayed or unneutered cats; fines, 31752 . Generally, the period of retention for an owner to reclaim his or her pet is between 72 hours and ten days. "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.". Birds and Mammals. Laws regarding the impoundment of dogs and cats are consistent in most states. 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. Which brings up another question: Is this rule enforced? 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. 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. (Added by Stats.1973, c. 361, p. 803, 4. 3.2-6500 . Generally, the state laws that do address these issues do not create substantive guidelines. 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. "The application includes ranking the existing at-grade crossing on a formula that considers several aspects of the existing crossing. The Baker court concluded its opinion, however, by raising an important concern about the balance between animal protection statutes and private property rights. . Relying on testimony from the director of Indy Feral, a local organization that works with feral cat colonies, the court found that feral cats will stay with their colonies in a specific location regardless of whether they are fed and watered. 22-339d . 4150 . Among the provisions include possession requirements for non-domestic cats, vaccination and impound procedures for domestic cats, and legislative policy statements about feral cats. When the city and county do plan to construct a grade separation project, the Greater Bakersfield Separation of Grade District submits an application to the state of California for funding. (a)(1) A person who commits any violation of subdivision (b) is subject to a civil penalty of not less than fifty dollars ($50) on a first violation of subdivision (b), and a civil penalty of not less than one hundred dollars ($100) on any second or subsequent violation of subdivision (b). (Added by Stats.1998, c. 747 (A.B.1856), 7, operative Jan. 1, 2000. Their presence increases hygiene and health problems which are already an issue for society. Ctenocephalides felis, regularly infest dogs, cats and opossums in Southern California. Fish & G. Code 4150 - 4151, CA FOOD & AG 31750 - 31766; CA FISH & G 4150 - 4151. Feb. 16, 2007) . The statute further defines an animals owner as anyone who (i) has a right of property in an animal; (ii) keeps or harbors an animal; (iii) has an animal in his care; or (iv) acts as a custodian of an animal. Id. Division 14.5. Under the Texas Animal Health and Safety Code, "custody" includes responsibility for the health, safety, and . 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. (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. 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. In Kyles , the plaintiffs were members of a family residing in a home located next to an apartment complex. West's Ann. In jurisdictions where feral cat keepers or caretakers are considered the cats' legal owners, keepers and caretakers may also be liable for damage caused by feral cats to property or persons. 29D05-0605-SC-1055 (Ind. 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. (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). Journal of the American Veterinary Medical Association 1993, 203, 449-452. The court noted that there was evidence presented to the trial court that the defendants had caused a large number of cats to be attracted to the area and frequent Plaintiffs backyard, thereby interfering with the plaintiffs use and enjoyment of their property. Control agencies, shelters, or rescue groups; spaying or neutering requirements, 31751.4. The trial court granted summary judgment for the defendants, but the appellate court rejected the trial courts analysis of the plaintiffs nuisance claim. Whenever a county, or a city that is within a county to which this chapter applies, requires cat license tags, the 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. Center (2006)) . 76-9-301 . 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.". (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. Holding of other impounded animals. Jan. 1, 2023.). In general, though, these state laws are strictly definitional. Ask The Californian: Is it illegal to feed feral cats? Ensuring animals are sterilized prior to entering the community ensures that they will not contribute to the existing dog and cat population. Credits(Added by Stats.1971, c. 1470, p. 2907, 21. 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. 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. The answer to this question is likely to depend on the degree of control that the individual exercises over the cats. What do we need to keep in mind? (Stats.1957, c. 456, p. 1382, 4151. Holding period; owner redemption. The best way to avoid a fine for feeding stray cats and other animals is tostay informed about the laws and ordinances of your local community. All cats, friendly or feral/unsocial, brought in for participation in the CCAS Community Cat Program must be in a trap, one cat per trap. Debunking the Myths and Misinformation: Cat Predation Why Eradication Methods Fail Handbook Download Cat Health & Supplies Health Care for Your Cat > Vaccines Wellness Vet Checkups Microchiping Nail Trimmings Local ordinances; animal placement procedures, 31764.5. 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. An estimated 10-12% of the American public feed community cats. Many state and local governments have not directly addressed the issues of ownership and responsibility related to feral cats. Winds N at 15 to 25 mph. Second, the article addresses the question of whether feral cat keepers or caretakers can be held civilly liable for the actions of feral cats. I have been told that notched ears means the felines have been spayed or neutered. A nongame mammal may not be taken or possessed except as provided in this code or in accordance with regulations adopted by the commission. Regulation of Cats. These important distinctions would explain why some states have specifically excluded feral cats from their statutory definitions of exotic or wild animals. There's no federal law that prohibits feeding stray cats or any other type of animal. Ask The Californian appears on Mondays. No, that was not a typo, there is potential criminal liability for feeding feral cats. 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 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 ? Therefore, feral cats do not quite fit within the common understanding of domestic cat ownership. They typically do not care where the feral cat spends most of its time, they rarely try to confine it, and their interaction is generally limited to providing the animal with food and water. 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