(e) This section only applies to a county that has a population exceeding 100,000 persons as of January 1, 2000, and to cities within that county. The entity shall establish the amount of the deposit at the level it determines is necessary to encourage the spaying or neutering of cats. (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. (a) This chapter only applies to a county that has a population of less than 100,000 persons as of January 1, 2000, and to cities within that county. There is a small fee to turn in your pet, $20 to help cover some of the cost of feeding and caring for your pet including vaccines if they are not up-to-date. McElroy v. Carter , No. This may reflect the legislatures intent to solve the problem of discouraging good Samaritans. Holding of other impounded animals, 31754 . These laws should apply to all cats, not just owned, family animals. 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. Amended by Stats.1957, c. 1972, p. 3520, 47; Stats.1971, c. 1470, p. 2908, 22.). To ameliorate this problem, several states have enacted laws that modify this common law view of ownership and enable local governments to impose specific requirements on keepers and caretakers of feral cats. Jan. 1, 2020.). 6.1.803 Obstructing officers unlawful. at 10. Finally, the statute permits local municipalities to enact separate ordinances prohibiting cat ownersincluding feral cat keepersfrom substantially damag[ing] property or caus[ing] an unsanitary, dangerous or unreasonably offensive condition. Id. 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. 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. 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. ), 31751.5. 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. The Tennessee Court of Appeals recently held that a cat's owner did not owe a duty to prevent her cat from trespassing on her neighbor's property. Division 14.5. . Rather than feeding feral cats, its better to just adopt them directly. (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. The Baker court concluded its opinion, however, by raising an important concern about the balance between animal protection statutes and private property rights. Regulation of Cats. In addition to any required spay or neuter deposit, the animal shelter, at its discretion, may assess a fee, not to exceed the standard adoption fee, for the animal released. (Added by Stats.1998, c. 752 (S.B.1785), 16.5, operative July 1, 2001. 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. 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. (c) This section shall become operative on July 1, 2002. 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. There is a California law that makes abandoning an animal a crime. Unfortunately, the answers to these questions are unclear and depend heavily on the local law. (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. Licensed cattery; exemption from tag requirement. See generally 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. Feral cat is . ), 31751.3. When a person sees a malnourished kitten roaming her neighborhood, her first instinct is often to stop and help. 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. 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. 76-9-301 . In this section a "keeper" includes any person or organization regularly feeding a feral cat. Ct. App. (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. Many local laws are punitive. Whats more, feeding strays attracts even more cats to the immediate area. Not only do they fail to meet minimal nutritional requirements, but they can also be extremely harmful to a cats health in general. That wouldn't really do any good because all of the crossings would be blocked. (c) A public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group may not transfer to a new owner a cat that has not been spayed or neutered, except as provided in subdivision (d). Whenever a city or county requires cat license tags, any such 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. 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. Cloudy. Fiori v. Conway Org. In Kyles , the plaintiffs were members of a family residing in a home located next to an apartment complex. Mammals. When they do attempt to resolve these issues, judges and legislatures must take care to ensure that the legal regime they impose on feral cat keepers and caretakers is not overly burdensome. 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. Jan. 1, 2019; Stats.2019, c. 8 (A.B.1565), 1, eff. , Exotic Mammal, Ind. Id. Amended by Stats.2022, c. 549 (A.B.2723), 2, eff. (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. 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 (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. 6.1.703 Removal of animal from City. Second, the article addresses the question of . RI ST 4-24-3 . Chapter 2. Code 14-8-2-87 (2009 ); Wild Mammals, Defined, Neb. My Animals A blog on tips, care and everything related to the world of animals. 2012 2023 . Rev. Third, the article discusses the ways in which feral cat keepers or caretakers may be exposed to criminal liability for abandonment, neglect, or failure to comply with state or local animal ownership requirements. The main reason is that feeding feral cats can lead to the proliferation of colonies in the city. Second, the article addresses the question of whether feral cat keepers or caretakers can be held civilly liable for the actions of feral cats. 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. Providing resources to facilitate these efforts, including educational materials and funding, will help ensure their success. Chapter 3. As discussed below, this diminished level of control makes it difficult to determine how feral cat ownership should be determined in common law jurisdictions. Simultaneously, this system would allow the casual good Samaritan to feed a feral cat without fear of liability. Amended by Stats.1998, c. 752 (S.B.1785), 13, operative July 1, 1999; Stats.2000, c. 567 (A.B.2754), 3; Stats.2011, c. 97 (A.B.222), 5; Stats.2018, c. 194 (A.B.2791), 3, eff. Chapter 2. 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. Feeding ban laws and ordinances are an ineffective and cruel approach to feral cats. The family brought suit against the apartment complex, the city, the county, and the garbage disposal company servicing the apartment complex, alleging, among other things, that attracting the cats constituted a nuisance. (For further discussion of general issues pertaining to feral cats and feral cat colonies, see Anthony B. Lacroix, Feral Cats , Animal Legal & Hist. Amended by Stats.2004, c. 253 (S.B.1301), 7.). 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. So if the penalty is a $100 fine, the perpetrator pays $100 for each cat harmed. Feb. 16, 2007) . . TNR. (2) If the public or private shelter has fewer than three full-time employees or is not open during all regular weekday business hours, and if it has established a procedure to enable owners to reclaim their cats by appointment at a mutually agreeable time when the public or private shelter would otherwise be closed, the holding period shall be four business days, not including the day of impoundment. Center (2006)) . (d) A public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group may transfer to a new owner a cat that has not been spayed or neutered only if the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group does both of the following: (1) Requires a written agreement, executed by the recipient, acknowledging the cat is not spayed or neutered and the recipient agrees in writing to be responsible for ensuring the cat will be spayed or neutered within 30 business days after the agreement is signed. 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