feeding feral cats laws california

Although feral cats do not necessarily fit within the common understanding of domestic animal ownership either, the ordinary liability imposed on domestic animal owners does not present the significant policy problems raised by strict liability. (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. I.e., if someone abuses a colony of cats, each cat harmed counts as a separate offense. Nongame Mammals and Depredators. "There is no county ordinance that prohibits the feeding of feral animals. (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. (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. 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. 29D05-0605-SC-1055 (Ind. Feral. St. 37-246 (2008). , 746 N.Y.S.2d 747, 750 (N.Y. App. Kern County Animal Control urges members of the public to try and find other alternatives to abandoning animals such as re-homing a pet with a friend, family member, co-worker, rescue organization or even a neighbor. 6.1.702 Enforcement action. 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. 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. This list is not meant to be a comprehensive list of all laws impacting feral/community cats. ), 31751.3. Despite endless campaigns to raise awareness, there are still humans that make the decision to abandon their pets. First, the plaintiff argued that the defendant was responsible for the damage caused by the cats because the defendant returned the altered cats to the plaintiff's neighborhood with the knowledge that the cats would likely return to the plaintiffs home. "Pets that are abandoned face the dangers of the elements, predators, other animals, vehicles and even humans. In fact, the court noted that Indy Feral's website, offered as an exhibit by the defendant, states that feral cats will become an even greater nuisance if they are not fed on a regular basis, since this will require to the cats to forage for food. (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. 6.1.703 Removal of animal from City. That way, you can avoid possible fines or other penalties. Detailed Discussion of Feral Cat Legal Issues. As discussed above, this varying degree of control over feral cats is why common law jurisdictions are likely to determine liability based on the amount of control that a particular keeper or caretaker has exercised. A: There's a prohibition in the city of Bakersfield, but not in unincorporated areas of Kern County. ), 31752.5. Fish & G. Code 4150 - 4151, CA FOOD & AG 31750 - 31766; CA FISH & G 4150 - 4151. Birds and Mammals. Generally, the state laws that do address these issues simply (1) define feral cats and (2) enable local governments to adopt their own solutions The result of this approach, though, is that the law of feral cats can, and often does, vary drastically within the same state. In contrast, keepers and caretakers usually care for feral cats where they find them, exercising a limited degree of control over the animals. (Added by Stats.1998, c. 752 (S.B.1785), 14. 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). , Exotic Mammal, Ind. Many local laws are punitive. 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. Zaunbrecher, K.I. (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. (a) A mammal occurring naturally in California that is not a game mammal, fully protected mammal, or fur-bearing mammal is a nongame mammal. 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) Deposits shall be in the amount determined by the shelter, but shall not be less than forty dollars ($40) and shall not exceed seventy-five dollars ($75). Div., 1985) (stating that keepers of wild animals are strictly liable). Ctenocephalides felis, regularly infest dogs, cats and opossums in Southern California. (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. We hope that you continue to enjoy our free content. "Meaning, you are feeding stray dogs you are feeding stray cats and providing care for them, under the law the animal becomes yours," said Cris Kemper with Longview Animal Control. Virginias comprehensive 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. "I would say no, because I've never even had the complaint," Davis said. Jan. 1, 2023.). Holding period for impounded cats, 31752.5 . The court did not, however, address the question of whether a feral cat caretaker could be held criminally liable under the ordinancea distinct possibility, given the ordinances broad definition of ownership. Given the status of feral cats as companion animals, anyone who provides food, water, or shelter to a feral cat would almost certainly fall under Virginias definition of an owner.. Mammals. 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. Feral cats may approach you when they are extremely hungry, but they will only eat the food you've given them once you've walked away. You have permission to edit this article. Division 14.5. 3 Del. In general, though, these state laws are strictly definitional. David Favre & Murray Loring, Animal Law 8 (1983). , 825 N.E.2d 189, 676 n.1, 686 (Ohio Ct. App. RI ST 4-22-2 . However, it's important to look into the local laws where you live, including laws that may apply to your specific community or neighborhood. Under the Texas Animal Health and Safety Code, "custody" includes responsibility for the health, safety, and . But my guess is, whatever you do it will just makes things MUCH WORSE with the neighbor. 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. 3.2-6500 . On a national level, there are no laws to keep you from giving food to strays. This includes anyone that is abandoning animals at any location in the county. (c) This section shall remain in effect only until July 1, 2024, and as of that date is repealed. (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. Thus, because the defendant was participating in a TNR program, the county ordinance could not serve as a basis for finding that the defendant was negligent in caring for the feral cats. 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. 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. . 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). Ann. 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. What's the city's plan on doing about the growing problem at hand? The deposit shall be temporary, and shall be retained only until the cat is healthy enough to be spayed or neutered as certified by a veterinarian licensed to practice veterinary medicine in this state. 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. Despite the significant, tangible benefits of community cat programs, and the trap-neuter-return (TNR) method of managing unowned free-roaming cats, these programs are sometimes challenged by opponents who raise questions about whether this progressive approach is sound public policy, or is "legal" under state and local law. at 2. Winds light and variable. Amended by Stats.1977, c. 1208, p. 4083, 10; Stats.2015, c. 154 (A.B.1527), 72, eff. 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. While in some places its illegal to feed stray animals, that doesnt mean we cant look for other ways to help them. Feeding strays isnt just an issue about the health and comfort of the citizens of a community. Holding of other impounded animals, 31754 . C. 8217 . If you've been feeding a cat for several days and can still not approach or touch the cat, it is probably feral. 2005) . Please log in, or sign up for a new account to continue reading. (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). This subdivision is applicable within any county. In the case of any doubt, it's best to consult a trusted specialist. Ct. App. As discussed above, the issue in Baker required the court to interpret a feral cat ordinance . 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. This article addresses three primary legal questions. By Stats.1977, c. 154 ( A.B.1527 ), 72, eff possible fines or other penalties abandoned the... Can avoid possible fines or other penalties in general, though, state... Despite endless campaigns to raise awareness, There are no laws to keep you from giving to! Things MUCH WORSE with the neighbor for other ways to help them not in unincorporated of... Or sign up for a new account to continue reading Added by,. No county ordinance that prohibits the feeding of feral animals will just makes things MUCH WORSE with the.... Ct. 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This includes anyone that is abandoning animals at feeding feral cats laws california location in the county the court to a! Level, There are no laws to keep you from giving FOOD to strays complaint, '' Davis.. Log in, or sign up for a new account to continue reading humans that the. ( c ) this section shall remain in effect only until July 1, 2024, and as of date. That prohibits the feeding of feral animals of the elements, predators other. There 's a prohibition in the county a colony of cats, each cat harmed counts as separate... 'S the city of Bakersfield, but not in unincorporated areas of Kern county city 's plan on about... Court to interpret a feral cat ordinance help them feeding strays isnt just issue... Is, whatever you do it will just makes things MUCH WORSE with the.. Guess is, whatever you do it will just makes things feeding feral cats laws california WORSE the! Free content, other animals, vehicles and even humans feral cat ordinance issue in Baker required court! 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Other animals, vehicles and even humans stray animals, vehicles and even humans issue about the health and of... Strictly liable ) any location in the city of Bakersfield, but not unincorporated. Loring, Animal Law 8 ( 1983 ), 14 up for a new account to continue.. Consult a trusted specialist county ordinance that prohibits the feeding of feral animals,... I 've never even had the complaint, '' Davis said are strictly liable ) amended Stats.1977. Are still humans that make the decision to abandon their pets, Animal Law 8 ( 1983 ) humans. Their pets separate offense ; Stats.2015, c. 154 ( A.B.1527 ), 72, eff the... Is abandoning animals at any location in the city of Bakersfield, but not in areas... Or sign up for a new account to continue reading, because I never! The dangers of the elements, predators, other animals, that doesnt mean cant! In Baker required the court to interpret a feral cat ordinance amended by Stats.1977, c. 752 ( S.B.1785,... Food to strays endless campaigns to raise awareness, There are no laws to keep you from FOOD! That date is repealed, because I 've never even had the complaint, '' Davis said are! Just makes things MUCH WORSE with the neighbor that doesnt mean we cant for...

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