(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. ), 31751.3. At common law, the answer to this question is unclear. [d]oes not become a public nuisance, does not run at large, and [d]oes not defecate on the property of another . Winds light and variable. 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. Even in jurisdictions that have statutes or ordinances pertaining to feral cats, it is difficult to know how those laws will be interpreted by a court. No. "Such a project would cost on the order of $20 million. 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. Shelters; waiver of cat adoption fee for veterans; limit on number of cats adopted, 31766. Ctenocephalides felis, regularly infest dogs, cats and opossums in Southern California. (B) If the agency, shelter, or group does not have microchipping capability on location, the agency, shelter, or group first obtains from the owner reclaiming the cat or new owner receiving the cat an agreement that requires the owner or new owner to present to the agency, shelter, or group, within the next 30 days, proof that the cat is microchipped as described in subparagraph (A). (2) Chapter 7 (commencing with Section 31401) of Division 14 and Section 9 do not apply to a violation of this section. Regulation of Cats. Application of chapter; spaying or neutering required, 31762. In light of the policy implications associated with defining feral cats as wild animals and thereby subjecting keepers and caretakers to a strict liability regime, a court would be more likely to find that feral cat keepers and caretakers are analogous to owners or keepers of domestic animals. 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. (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. Providing resources to facilitate these efforts, including educational materials and funding, will help ensure their success. Nonspayed or unneutered cats; fines, 31752 . There are several reasons behind it being a bad ideaand sometimes illegalto feed strays. See id. Generally, the state laws that do address these issues do not create substantive guidelines. The Baker court concluded its opinion, however, by raising an important concern about the balance between animal protection statutes and private property rights. For example, by defining keepers as owners and authorizing municipal permitting requirements for feral cat caretakers, a state like Rhode Island is able to address issues related to feral cats without imposing substantive requirements on the entire state. . The county ordinance, which the court found to be the controlling law in the case, stated that [i]t shall be unlawful for a person to provide food, water or shelter to a colony of feral cats. However, the county ordinance explicitly exempted individuals who provide food, water or shelter in conjunction with an authorized TNR program. For purposes of this subdivision, raw fur has the same meaning as defined in Section 4005. Feb. 16, 2007). Besides the above, if youre passionate about animals and advocating for their well-being, why not volunteer? In this section a "keeper" includes any person or organization regularly feeding a feral cat. All rights reserved. Higher wind gusts possible.. (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. 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 court found that the total amount of damage caused by the cats to the plaintiff's property was approximately $2000. (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. Sept. 29, 2006) . Zaunbrecher, K.I. According to different laws and regulations around the country,feeding stray cats is a problem for neighbors. Feb. 16, 2007) . 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 ? (a)The required holding period for a stray cat impounded pursuant to this division shall be six business days, not including the day of impoundment, except as follows: (1) If the public or private shelter has made the cat available for owner redemption on one weekday evening until at least 7 p.m. or one weekend day, the holding period shall be four business days, not including the day of impoundment. Super. Although the plaintiffs attempted to trap the cats and bring them to animal control, the animal shelter ultimately told the plaintiffs that the shelter did not have room to house any more cats. (c) If a veterinarian licensed to practice veterinary medicine in this state certifies that a cat is too sick or injured to be spayed or neutered, or that it would otherwise be detrimental to the health of the cat to be spayed or neutered, the adopter or purchaser shall pay the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group a deposit of not less than forty dollars ($40), and not more than seventy-five dollars ($75). As discussed above, feral cats do not fit neatly within the common law of animal ownership. 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. The problem, however, is that people do not generally possess a feral cat in the same way that they would possess a dairy cow, a housecat, or a parrot. First, how does feeding feral cats negatively impact the community? Another useful action, especially if theres no way for you to help them directly, is to make a simple phone call. 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. 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. (2) Feral cats are cats with temperaments that are completely unsocialized, although frightened or injured tame pet cats may appear to be feral. This article addresses three primary legal questions. In fact, only thirteen states and the District of Columbia have any laws that even mention feral cats ( California , Connecticut , Delaware , the District of Columbia , Illinois , Indiana , Kentucky , Maine , Nebraska , New York , Rhode Island , Texas , Vermont ,and Virginia ). After registering with the municipality, the feral cat keeper must vaccinate and sterilize the cats in her care. The result of this approach is that the law of feral cats can, and often does, vary drastically within the same state. (a) A mammal occurring naturally in California that is not a game mammal, fully protected mammal, or fur-bearing mammal is a nongame mammal. In short, we are in bad need of a couple of bridges over here, folks. (For further discussion of general issues pertaining to feral cats and feral cat colonies, see Anthony B. Lacroix, Feral Cats , Animal Legal & Hist. Rather than feeding feral cats, its better to just adopt them directly. Division 14.5. Could they be exposed to criminal liability for abandonment, neglect, or failure to comply with registration or spay/neuter requirements? (4) The cat shall be spayed or neutered within 14 business days of that certification. Credits(Added by Stats.2020, c. 108 (S.B.573), 2, eff. That way, you can avoid possible fines or other penalties. (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. The city of Gilbert passed an ordinance in 2018 banning residents from feeding feral cats. Jan. 1, 2023.). Second, keepers and caretakers do not exercise the level of control over feral cats that owners of wild animals exercise over those animals. Amended by Stats.2004, c. 253 (S.B.1301), 6. (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. What do we need to keep in mind? Ownership Id. (c) Notwithstanding Section 31752, if an apparently feral cat has not been reclaimed by its owner or caretaker within the first three days of the required holding period, animal shelter personnel qualified to verify the temperament of the animal shall verify whether it is feral or tame by using a standardized protocol. "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. We will do our best to find a second home for your pet. . Thank you for reading! Ideally, more state and local legislatures should begin to address this complex and convoluted area of law. Nongame mammal defined; possession and taking; trapping for recreation or commerce; sale of raw fur. Id. 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. A further problem is the relatively limited degree of control exercised by the defendant in Baker . The public or private shelter may enter into cooperative agreements with animal rescue or adoption organizations regarding rabbits that are equivalent to those cooperative agreements authorized in Section 31108 regarding dogs and Section 31752 regarding cats. Q: With all the freeways and bridges going in around town and new homes and businesses going in on the southwest part of town, when is the city going to take care of a growing problem all along the south area of White Lane? Although the Baylor Law Review article and the Indiana Superior Court case suggest that a court may not hold caretakers responsible for the behavior of feral cats, the case law on this issue is nearly nonexistent. As discussed below, this diminished level of control makes it difficult to determine how feral cat ownership should be determined in common law jurisdictions. Consequently, feral cats do not fall under any authority or jurisdiction within our public institutions. 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. California CA Food & Ag Code 31752.5 Regulation of cats - . Is it legal to feed feral cats in California? CA - Circus - 25989.1. 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. If you are caught feeding coyotes, you could face jail time or a fine of up to $1,000. The contents of My Animals are written for informational purposes. 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. Rev. Like Connecticut, Delaware, and Maine, Rhode Island states that any individual who permits a cat to habitually be or remain on or be lodged or fed within such persons property or premises qualifies as an owner. Illinois explicitly exempts feral cat caretakers from its definition of animal ownership, as long as the caretaker is participating in an authorized trap-neuter-release program (TNR program). (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. See David Favre & Murray Loring, Animal Law 7 (1983) . 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. 22-339d . The key question in either case is whether the owner has a duty to control the cat's behavior. Low 34F. and 3) feeding bans Excludes community cat sponsors and caretakers from definition of "custody" as defined in Sec. In todays article, well tell you why feeding stray cats can be harmful and sometimes even illegal. 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 animal shelter in the administration of the requirements of this division. The court went on to reject two alternative theories of negligence proffered by the plaintiff. (c) This section shall remain in effect only until July 1, 2024, and as of that date is repealed. Generally, the period of retention for an owner to reclaim his or her pet is between 72 hours and ten days. On the other hand, in cases like McElroy where the owner had no reason to foresee any damage or injury that her cat might cause, a court may be unlikely to find that such a duty exists. (a)(1) Except as otherwise provided in subdivision (b), 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 to a new owner any cat that has not been spayed or neutered. . 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. (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. 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. (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. 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. 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. H028774, 2007 WL 495897 (Cal. Will she consider the possible rights and responsibilities that might arise from her caretaking? Id. (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. Holding period for impounded cats, 31752.5 . 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. 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. Isn't there a city ordinance forbidding feeding feral animals? There's no federal law that prohibits feeding stray cats or any other type of animal. 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. 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