The key question in either case is whether the owner has a duty to control the cat's behavior. What, then, is the answer to the question of whether feral cat keepers and caretakers are the animals' owners? I.e., if someone abuses a colony of cats, each cat harmed counts as a separate offense. 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. The caretaker in that case merely fed and watered the cats. The law in California that allows non-profit organizations to remove feral cats from animal shelters as an alternative to destruction appears to incorporate past lessons on the need for public support. Don't try to handle a feral cat. (Added by Stats.1998, c. 747 (A.B.1856), 7, operative Jan. 1, 2000. Sept. 29, 2006) . Thus, it is vital that the drafters of feral cat legislation consider the effect that such legislation might have as a disincentive to individuals who may otherwise be inclined to care for the very animals that feral cat laws are intended to protect. Many local laws are punitive. 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. If she moves to a new neighborhood, might she be held criminally liable for abandoning the cat she once cared for? (Added by Stats.2019, c. 205 (S.B.245), 4, eff. The city of Gilbert passed an ordinance in 2018 banning residents from feeding feral cats. Select from the 0 categories from which you would like to receive articles. 2005) . (Added by Stats.1973, c. 361, p. 803, 4. So we talked to Maggie Kalar, a spokeswoman for the Kern County Animal Control Department, who told us: "There is no county ordinance that prohibits the feeding of feral animals. (3) Some people care for or own feral cats. (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. 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. However, it is possible that individual members of a domestic species could be considered wild if those individual animals have not been domesticated. This type of sliding scale would enable courts to hold feral cat keepers and caretakers responsible when their actions reflect a relatively high degree of ownership. Since 2006, Los Angeles and Orange Counties have had 122 reported human cases of this disease; all but one of the cases . Neutering of feral cats as an alternative to eradication programs. For example, an Indiana trial court recently found that a woman who fed feral cats and participated in a TNR program was not liable for negligently allowing the cats to damage the plaintiffs property. (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. Keep reading to discover more information on this issue and why its such a problem. 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This rationale is less persuasive when applied to feral cats for two reasons. "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.". Many individuals are feeding the cats in two locations. These cats breed, multiply, fight, and spread diseases to one another. 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. The first problem is the question of whether feral cats are wild or domestic animals. Upon adoption, sale, giving away, or transfer of ownership, the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group shall provide information on the transference of ownership, including microchip company information, the microchip number and any other relevant identifiers, and any other information needed for an owner or new owner to register themselves as the microchip's primary contact, as applicable. 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. Application of chapter; spaying or neutering required, 31762. 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. Fish and Game Code. As discussed above, there are serious policy concerns that would likely preclude the imposition of strict liability on feral cat keepers or caretakers, making it implausible to define feral cats as wild animals. Holding period for impounded cats, 31752.5 . Only thirteen states and the District of Columbia have enacted statutes that mention feral cats, and none of those statutes directly address liability. Any extension shall be in writing. 6.1.703 Removal of animal from City. (3) An agency, shelter, or group that does not have microchipping capability on location is not subject to the civil penalty described in this subdivision upon obtaining the agreement described in subparagraph (B) of paragraph (1) of subdivision (a). 32.1302 Food Left Outside for Any Animal During Certain Hours. 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. Chapter 3. What do we need to keep in mind? (4) Feral cats pose particular safety hazards for animal shelter employees. Division 4. May keepers and caretakers be held civilly liable for the actions of feral cats in their care? (Added by Stats.1998, c. 747 (A.B.1856), 6.5, operative Jan. 1, 2000. Dec. 14, 2001) . The court noted that the plaintiff could have prevented mostif not allof the damage caused by the feral cats if the plaintiff had simply been notified of the colony's presence in the neighborhood. ), 31751.6. (B) Nothing in this paragraph supersedes or otherwise limits the requirements in Section 31751.3 or Sections 31760 to 31762, inclusive, to ensure that a kitten sold, given away, or transferred to a new owner is or will be spayed or neutered. 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. 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. Penal Code 42.092 , 60 Baylor L. Rev. Jan. 1, 2020.). The raw fur of a nongame mammal otherwise lawfully taken pursuant to this code or regulations adopted pursuant to this code shall not be sold. 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. Low 34F. Ideally, more state and local legislatures should begin to address this complex and convoluted area of law. Ct. App. The fact that classifying feral cats as wild animals would expose feral cat caretakers to strict liability would probably make a court less likely to find a feral cat to be a wild animal. "Based on the city's experience in submitting applications for other grade separation projects, an application for a grade separation on any of the streets crossing the railroad in southwest Bakersfield would rank low on the state's list. After registering with the municipality, the feral cat keeper must vaccinate and sterilize the cats in her care. This case illustrates the careful balancing act involved in crafting a feral cat statute or ordinance. (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). Jan. 1, 2021. I suspect that people have been abandoning strays knowing that they would be fed. I have been told that notched ears means the felines have been spayed or neutered. Regulation of Cats Generally. Id. Food & Agric. Article 8. 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