(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. Jan. 1, 2018. However, it's important to look into the local laws where you live, including laws that may apply to your specific community or neighborhood. However,its important to understand the diverse legal aspects before doing so. Id. There's no federal law that prohibits feeding stray cats or any other type of animal. Any extension shall be in writing. Determining when a feral cat caretaker may be criminally liable is a complex issue that has not been extensively addressed. (4) The cat shall be spayed or neutered within 14 business days of that certification. Rather, they typically authorize local governments to enact their own ordinances. (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. 6.1.803 Obstructing officers unlawful. (Added by Stats.1998, c. 752 (S.B.1785), 16.5, operative July 1, 2001. The result of this approach is that the law of feral cats can, and often does, vary drastically within the same state. It is certainly plausible, then, that a feral cat caretaker in Virginia could be required to comply with the same requirements imposed on owners of domestic cats. Dec. 14, 2001) . 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. Once more,its extremely important to check into local animal control ordinances. These cats damaged the plaintiffs home, destroying insulation, a vapor barrier, and duct work. "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. Credits(Added by Stats.2019, c. 205 (S.B.245), 5, eff. (Added by Stats.1973, c. 361, p. 802, 3. (Formerly 31751, added by Stats.1970, c. 1303, p. 1303, 1. This includes anyone that is abandoning animals at any location in the county. (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). See id. Drop off is between 9-9:30am Tuesday-Friday only. "I would say no, because I've never even had the complaint," Davis said. For purposes of this subdivision, raw fur has the same meaning as defined in Section 4005. Nongame Mammals and Depredators. 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. The cats also urinated and defecated in the crawl space of the home. However, there are some communities were doing so is illegal. 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. All rights reserved. TNR/Community Cat Care Financial Resources, How Rescuers Can Effectively Adopt Out Cats, Debunking the Myths and Misinformation: Cat Predation, Solutions to Prevent Surrendering your cat, Press Release on African Wildcat Campaign, Differences between AWCs and domestic cats, click here to see why feeding bans do not work, http://cfa.org/Portals/0/documents/legislative/cat-leash-laws.pdf, https://idfg.idaho.gov/question/it-legal-kill-feral-cats, http://www.accord3.com/docs/TNR%20Law%20Kortis.pdf, http://www.humanesociety.org/assets/pdfs/pets/feral-cats/nirenburg_hsus_cat_outdoors.pdf. 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. Ideally, more state and local legislatures should begin to address this complex and convoluted area of law. (a) Except as provided in Section 17006, any animal relinquished by the purported owner that is of a species impounded by public or private shelters shall be held for the same holding periods, with the same requirements of care, applicable to stray dogs and cats in Sections 31108 and 31752, and shall be available for owner redemption or adoption for the entire holding period. (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. (c) This section shall become operative on July 1, 2002. See, e.g. We sometimes get stuck at the crossing for what seems like forever, and they do not split the train at 15 minutes to allow traffic through as they are supposed to, and one cannot always turn around in traffic. 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. Spayed or neutered cats; reduction in fee, 31751.6 . In the case of any doubt, it's best to consult a trusted specialist. , No. Feb. 16, 2007). Unfortunately, animal abandonment is a growing problem. 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? There should be no fell cats if cat domestication had been carried out properly by humankind. (5) The adopter or purchaser shall obtain written proof of spaying or neutering from the veterinarian performing the operation. Regulation of Cats Generally. 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. 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. Part 3. Finally, the court dismissed the plaintiff's trespass claim for lack of evidence. (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. However, at least two sources, the Baylor Law Review article and Baker ,indicate that courts and juries may be unwilling to afford protection to feral cats or assign responsibilities to their caretakers when those rights and responsibilities have not been explicitly outlined by a statute or local ordinance. required by law. No, that was not a typo, there is potential criminal liability for feeding feral cats. at 97374, 966. Second, the article addresses the question of whether feral cat keepers or caretakers can be held civilly liable for the actions of feral cats. The first problem is the question of whether feral cats are wild or domestic animals. (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. (3) The deposit shall be temporary, and shall only be retained 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 the same time, local authorities often argue that the presence of cats attracts other animals that we dont want in urban areas. (2) Feral cats are cats with temperaments that are completely unsocialized, although frightened or injured tame pet cats may appear to be feral. Control agencies, shelters, or rescue groups; spaying or neutering requirements, 31751.4. 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Its true that there are many individuals and organizations that are willing to help these defenseless animals. As discussed above, the issue in Baker required the court to interpret a feral cat ordinance . 31760. , 746 N.Y.S.2d 747, 750 (N.Y. App. 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). 22-339d . (3) A followup program to ensure that dogs and cats transferred by the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group are spayed or neutered in accordance with the agreement executed under subdivision (d) of Section 31760. 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. This subdivision is applicable within any county. First, how does feeding feral cats negatively impact the community? (a) A mammal occurring naturally in California that is not a game mammal, fully protected mammal, or fur-bearing mammal is a nongame mammal. (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. 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. The court found that the total amount of damage caused by the cats to the plaintiff's property was approximately $2000. . ), 31751.6. 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. (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. Legislative findings and declarations. 2005) . (a) A public animal shelter shall not charge an adoption fee for a cat if the person adopting the cat presents to the public animal shelter a current and valid driver's license or identification card with the word "VETERAN" printed on its face pursuant to Section 12811 of the Vehicle Code. Feral. (a) A public animal shelter shall not charge an adoption fee for a cat if the person adopting the cat presents to the public animal shelter a current and valid driver's license or identification card with the word VETERAN printed on its face pursuant to Section 12811 of the Vehicle Code. It is important to note, however, that very few cases have addressed the issue of civil liability for feral cat keeping or caretaking. (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. 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. The Baker court concluded its opinion, however, by raising an important concern about the balance between animal protection statutes and private property rights. Amended by Stats.2022, c. 549 (A.B.2723), 2, eff. ), 31752. Also, laws can state that a separate violation occurs to each animal involved. Ct. App. 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. At the same time, an overly burdensome notice requirement could easily become a strong disincentive to individuals who may have otherwise considered becoming feral cat caretakers. 6.1.802 Authority to arrest and to issue notices to appear. These laws should apply to all cats, not just owned, family animals. 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 or released. But see Allen v. Cox , 942 A.2d 296, 304 (Conn. 2008) (holding that when a cat's owner knows that the cat has a propensity to be violent, the owner may be liable for reasonably foreseeable injuries caused by the cat's aggressive behavior). They do not address specific issues related to liability, but rather (1) help to resolve the problem of classifying feral cats and (2) enable local governments to enact their own solutions. Since conditions can vary from one place to another,its good to seek out the specific animal control regulations where you live. Nongame Mammals and Depredators. Council voted 6-0 last Wednesday night to pass an ordinance that makes it illegal for anyone . In 2007, the Texas legislature amended its animal protection statute to include feral cats and dogs in the statutes definition of animal. This amendment was passed in response to several instances in which juries acquitted defendants who were accused of cruelty to feral animals because feral animals were not explicitly protected by the states animal cruelty statute. The cats continued to come to the plaintiffs yard, and the plaintiffs claimed that the cats were attracted due to the failure of the neighboring apartment complex to ensure that its tenants placed lids on the trash receptacles. After registering with the municipality, the feral cat keeper must vaccinate and sterilize the cats in her care. (Added by Stats.2019, c. 205 (S.B.245), 4, eff. (c)(1) Except as provided in Section 17006, any stray cat that is impounded pursuant to this division shall, before the euthanasia of that animal, be released to a nonprofit, as defined in Section 501(c)(3) of the Internal Revenue Code,1 animal rescue or adoption organization if requested by the organization before the scheduled euthanasia of that animal.

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