Or, politely request to speak to your attorney first. In that sense, they are unlikely to pose a serious threat to humans, and any risk that they do pose is likely to be understood by the general public. A recent landscape-scale camera-trap study across 16 counties in southern Illinois, for instance, found that 75% of cat detections occurred no more than 0.32 miles from human-made structures and never more than 0.83 miles from such structures [10]. Always be polite but firm when speaking to an animal control representative. If the officer threatens you with a citation, state that youd like to contact your attorney. You: What happens if I say no? Today more than 800,000 people look to Alley Cat Allies for leadership on saving cats lives, developing communities that safeguard cats, and helping shelters embrace feline-friendly policies. Exceptions: Special area restriction apply in Unit 14C Source Arizona - AZ Species you can Trap: Small game (cottontail rabbits and tree squirrels), skunks, muskrats, badger beavers, raccoons, and weasels require a permit to trap. 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. Maines animal welfare law is structured in much the same way, although it requires an individual to feed an animal for ten consecutive days before she becomes a keeper and, by extension, an owner. 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. Silva-Rodrguez, E.A. Is she subject to other ownership requirements, such as ordinances requiring registration or sterilization? 2023 Alley Cat Allies. Lord, L.K. So while feral cats are part of a domesticated species, it is possible that a court might find that specific feral cats qualify as wild animals, which would subject their owners and keepers to different requirements than owners and keepers of domestic cats. Feral cat feeding bans: The reasoning, risks, and results - NFRC Increasingly, communities are passing local ordinances with positive, proactive language related to Trap-Neuter-Return or Shelter-Neuter-Return. It's also definitely illegal to poison them. Further, the court stated that the plaintiffs claim of severe emotional distress that arises out of the alleged nuisance of having to deal with a large number of cats on their property . It was a really sad case, and my client was heartbroken at the loss of her cat. Rev. Feral domestic cats would almost certainly not be considered wild animals, since domestic cats have, by definition, been generally domesticated and are generally unlikely to cause personal injury. 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. C. G. S. A. Note: Pay special attention to the definition of owner in your local laws. Studies on food habits of free-ranging cats show that some individuals kill more than 100 wild animals each year. If an animal has never been owned or directly cared for by any human, then it may be classified as wild even if it is a member of a domesticated species. Step outside, close the door behind you, and politely ask the officer if you can read the search warrant. The shelter now has new rules about accepting cats, and holding cats for a minimum period, unless they are so injured that the only humane thing to do is euthanize them. Animal Control: Weve had complaints about cats that you feed. Although their research methods did not allow them to evaluate the programs impact on the population of campus cats two years later, researchers noted that, based on the decrease in the number of complaints those [cats] who remain are less of a nuisance than previously they were [2]. The best way to find out is to check with your local animal control agency or wildlife department. Journal of Applied Animal Welfare Science 2002, 5, 285298. 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. Is it legal to kill feral cats in California? : r/legaladvice - Reddit Similarly, Delaware defines a keeper of a stray cat as any person who has possession of or control over the animal and has fed the cat for three or more consecutive days. As researchers noted in a 1996 article published in the, Reason 2: potential impacts to public health, wildlife, and the environment, By reducing the population of free-roaming cats, TNR programs protect humans from zoonotic diseases that can be spread by domestic cats (e.g., rabies, plague, etc.). Ct. Mar. 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. Super. You: I do not give you my consent to search my property.. Do not add any meat scraps to a compost pile. [Michigan] What can legally be done about feral cats? This case illustrates the careful balancing act involved in crafting a feral cat statute or ordinance. You could try other methods to deter the cats from your yard, like motion activated sprinklers or coyote urine. However, caregivers often consent to these requests because they dont know they have the option to say no.. ; Zhou, T.; Ruan, S. Analysis of Rabies in China: Transmission Dynamics and Control. On April 11, during a protest by feral cat advocates, two women were cited for the illegal take of an endangered or threatened species. Penal Code 42.092 , 60 Baylor L. Rev. A wild animal is an animal that belongs to a category of animals that have not been generally domesticated and that are likely, unless restrained, to cause personal injury. Restatement (Third) of Torts: Physical and Emotional Harm 22(b) (2005) . Although often well-meaning, mandatory spay/neuter does not increase the amount of spay/neuter taking place in a community. Ratcliffe, N.; Bell, M.; Pelembe, T.; Boyle, D.; Benjamin, R.; White, R.; Godley, B.; Stevenson, J.; Sanders, S. The eradication of feral cats from Ascension Island and its subsequent recolonization by seabirds. Help us continue our work for cats: Join our online community and become part of the movement to save cats lives! Not allowing residents to feed unowned cats might seem like a logical approach to reducing such nuisance issues; however, enforcement of such policies is difficult and likely to impede sterilization efforts thereby exacerbating the very situation these policies are intended to address. PLoS ONE 2011, 6, e20891. PeerJ 2013, 1, e18. 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. Remove Food Sources. Regularly fed cats are also less likely to spread the parasite, Reason 3: the feral cat population is out of control. Simultaneously, this system would allow the casual good Samaritan to feed a feral cat without fear of liability. Kyles v. Great Oaks Interests , No. These cats are regulated in a few different states and outright banned in some cities. As a result, many criminal defendants who were arrested on animal cruelty charges were acquitted because their alleged crimes had been committed against feral animals. Id. Second, the article addresses the question of whether feral cat keepers or caretakers can be held civilly liable for the actions of feral cats. It is the foundation for FWC staff to interact with affected parties and develop science-based, humane solutions . Licensing requirements are often a death sentence for community cats because they typically require that any cat not displaying a license tag be impounded. . You can find our guide for Best Practices: Community Cat Colony Care.. 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. One commentator who has analyzed the issue in Texas raised the possibility that an individual who cares for a feral cat could be held criminally liable for abandonment if that individual ceased to provide the cat with food and water or failed to pay for the cats necessary medical treatment. As discussed above, feral cats do not fit neatly within the common law of animal ownership. cats kill an estimated minimum of 31.4 million small mammals and 7.8 million birds per year. Similarly, Kentucky has enacted a statute that states, [a]ny person with feral cats on his premises shall make a reasonable effort to capture or vaccinate the cats. KY ST 258.015 . Many local laws are punitive. Neutering of feral cats as an alternative to eradication programs. It may be legal when protecting your property, such as feral cats engaged in the taking of your livestock or even pets. When included as part of targeted TNR efforts, regular feeding of free-roaming cats can reduce potential impacts on public health, wildlife, and the environment because targeted TNR efforts can be implemented more efficiently when cats are fed regularly. Ask, What happens if I say no?. Cat lovers decried this report as fear-mongering, anti-cat PR, but in Florida, the report could influence a piece of legislation that's kicking around Tallahassee. ; Nielsen, C.K. 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. at 96667. You: What happens if I say no? Animal Control: Youll receive a citation. 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. Journal of the American Veterinary Medical Association 1993, 203, 449452. The court accepted the plaintiff's claim that the aggressive tendencies of stray and feral cats pose certain risks that domestic housecats do not, especially when they are cornered by human. 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. But these issues can typically be addressed with guidance from trap-neuter-return (TNR) groups or animal shelter staff. also survives summary adjudication. Thus, the appellate court partially reversed the trial courts grant of summary judgment, holding that the defendants could, in fact, be liable under a nuisance theory for damages arising from actions that caused the presence of [a] large number of cats on Plaintiffs property. See i d. at *1, *56, *1314. Under Virginia law, local governments may . 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. 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. This may reflect the legislatures intent to solve the problem of discouraging good Samaritans. The majority of cases that have addressed liability for feral cat owners are unpublished decisions involving local ordinances, highlighting the impossibility of discerning a single set of guidelines for dealing with feral cats. However, on . Do I Need a Permit to Remove a Nuisance Animal in Illinois? At least one other state, however, has taken a different approach. Second, keepers and caretakers do not exercise the level of control over feral cats that owners of wild animals exercise over those animals. The shelter was told by the defendant that the cat was feral, and the cat was euthanized. Animal control officers may be employees of the city or work as contractors. You: Im not refusing to sign, but I would like to consult an attorney before I sign anything.. 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? You: Could I see the warrant, please? Connecticut allows municipalities to require feral cat keepers to register with the local animal control officer. Further, cases like Kyles are limited in their usefulness since they do not present a single, bright-line legal rule for determining ownership of feral cats. 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. Vaccination against rabies is an increasingly common practice for TNR programs in the U.S. This commonsense approach to public health is recognized across the globe where free-roaming animals are a concern. 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. 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. And since multiple surveys have shown that feeding stray cats is a common activity (1026%, depending on the survey) across the U.S., its reasonable to conclude that many free-roaming cats rely largely on food provided by humans and therefore pose less of a threat to wildlife than they otherwise might [5,9,11,12,13]. Although, as in Virginia, there is no indication that ownership requirements are actively being imposed on feral cat caretakers, the possibility that this might occur under the current law further highlights the importance of cautiously drafting feral cat legislation. . Illinois defines a feral cat as: 2.11b. ; Slater, M.R. Regularly fed cats are also less likely to spread the parasite Toxoplasma gondii (T. gondii). St. 37-246 (2008). My neighbor is baiting and trapping neighborhood cats and - Avvo With your generous support, we can protect and save the lives of cats and kittens. DLNR Chair meets with Big Island feral cat advocates, after nene-cat An SNR program - Spay, Neuter, Release - is also a good way to reduce the numbers of feral cats in a given area. Its understandable that feeding unowned, free-roaming cats might result in a legitimate nuisance complaint. 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. Sept. 29, 2006) . . Similarly, some states classify feral cat caretakers as owners and further require owners to spay and neuter their pets or immunize them against rabies. ; Etheridge, D.L. Itll just take a minute.. What, then, is the answer to the question of whether feral cat keepers and caretakers are the animals' owners? The reasoning in these cases could be applied to feral cat keepers in caretakers in jurisdictions that consider keepers and caretakers to be owners. Someone who cares for a feral cat is likely to limit her activity to feeding, watering, and in some cases spaying or neutering the animal. First, feral cats are members of the same species as domestic cats. Toxoplasma gondii, Source to Sea: Higher Contribution of Domestic Felids to Terrestrial Parasite Loading Despite Lower Infection Prevalence. Christman-Resch v. City of Akron , 825 N.E.2d 189, 676 n.1, 686 (Ohio Ct. App. But.proceed if you'd like to face jail time and up to $20,000 fine. This may reflect the legislature's intent to solve the problem of discouraging good Samaritans. A valid warrant will contain the address, date (within 14 days), and a judges signature. Remember to follow best practices when caring for community cats. Ct. App. Outdoor cats FAQ | The Humane Society of the United States Licensing fees are often money for general funds and not applied to save or to spay or neuter animals, which demonstrates the failure of cat licensing measures. The question, then, is if a feral cat is not quite a wild animal and not quite a domestic animal, how will a court determine ownership? Anything you say in an interaction with the authorities could inadvertently reveal something unhelpful to your case or give them grounds for a more extensive search. And most communities have provisions in their municipal codes to address such situations if they persist. At the same time, the level of control exercised by feral cat keepers and caretakers is often significantly less than the control exercised by an owner of a domestic housecat. Ask if the officer believes that you are violating any laws. 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. Epidemiology, Biostatistics, and Preventive Medicine; 3rd ed. The best way to protect yourself and your cats is by knowing your local laws. In addition, vaccination against rabies is an increasingly common practice for TNR programs in the U.S. (sometimes referred to as TNVR to mean trap-neuter-vaccinate-return), and standard practice in parts of the country where rabies in cats occurs most frequently. 510 I.L.C.S. H028774, 2007 WL 495897 (Cal. Indeed, a number of studies reporting trapping efficiency data indicate that cats living in proximity to humans generally as a result of being fed are much easier to trap than those living in remote areas. Morin, D.J. Feral cats do not fit neatly within the common law categories of animal ownership. As a caregiver for outdoor cats, you may be approached by local authorities at some point. What does it mean to own a feral cat? You: May I see a search warrant? Full Title Name: Detailed Discussion of State Cat Laws - Animal Law Similarly, Delaware defines a keeper of a stray cat as any person who has possession of or control over the animal and has fed the cat for three or more consecutive days. C. 8217 . 3.2-6500 . In places where keepers or caretakers of feral cats are considered "owners," it is quite possible that a feral cat caretaker could be held responsible for damage caused by feral cats. If you find yourself in conflict because you care for cats who live outdoors, its important that you understand your rights under the law, and to remember that the officials, including law enforcement officers, are not allowed to violate those rights. St. 37-246 (2008). RI ST 4-24-3 . Feral and Free Ranging Cats on IDNR Owned or Managed Properties An admission or denial of responsibility for the cats. Rhode Island then allows local governments to implement permitting requirements for feral cat caretakers. 964, 97374 (Fall 2008) . Unfortunately, some authorities are stuck in an outdated mindset and arent supportive of TNR, or are tasked with enforcing antiquated laws that prohibit TNR or create barriers for community cat caretakers. Another indicator that courts may be unwilling to independently determine the rights and responsibilities of feral cat caretakers is the Indiana Superior Court's decision in Baker v. Middleton , C.A. You: May I ask which ordinance thats under? In some communities, animal control is the responsibility of the police department or code enforcement, while other communities may contract with private businesses or shelters for animal control. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law. You: Under what ordinance? /* ----------------------------------------- */ 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. Ideally, more state and local legislatures should begin to address this complex and convoluted area of law. Animal Control: Im responding to a complaint, I do not need your consent. The officer then proceeds to enter your house or yard. If animal control visits you once, make sure that you are following best practices when caring for your outdoor cats in case animal control comes back a second time. As a result, more animals are in the shelter system and quite often killed, instead of working with individuals to match the needs of animals with community resources. Attitudes toward and perceptions of free-roaming cats among individuals living in Ohio. If a cat shows no signs of having an owner, or the person didnt know it had an owner, then it can still be killed, feral or not. Provisions that define someone as an owner for feeding, harboring, or keeping an animal discourage well-meaning people from caring for cats and participating in Trap-Neuter-Return because they fear the costs and legal consequences associated with owning the cats. See David Favre & Murray Loring, Animal Law 7 (1983); see also Eyrich v. Earl , 495 A.2d 1375, 1377 (N.J.Super. Take careful notes of what the officer does and what is said while the search occurs.
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