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Only thirteen states and the District of Columbia have enacted statutes that mention feral cats, and none of those statutes directly address liability. Could they be exposed to criminal liability for abandonment, neglect, or failure to comply with registration or spay/neuter requirements? Simultaneously, this system would allow the casual good Samaritan to feed a feral cat without fear of liability. If she moves to a new neighborhood, might she be held criminally liable for abandoning the cat she once cared for? You can find our guide for Best Practices: Community Cat Colony Care.. To understand the varying approaches taken by each state, it is instructive to look at those states that authorize local governments to enact ordinances regulating feral cat ownership. You: What happens if I say no? Do some research to find out about your local animal control. Under this regime, if a keeper or caretaker has given a feral cat food and water every day for several years and has provided the animal with periodic veterinary care, that person is more likely to be viewed as an ownerand subject to liabilitythan a person who has merely fed a feral cat once a day for six months. All rights reserved. A relinquishment of all rights to any animals on your property. Restatement (Third) of Torts: Physical and Emotional Harm. Second, the article addresses the question of whether feral cat keepers or caretakers can be held civilly liable for the actions of feral cats. In general, though, these state laws are strictly definitional. For community cats, the inclusion or omission of just a few words in these laws can be the difference between life and death. 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. Based on . Journal of the American Veterinary Medical Association 1993, 203, 449452. Zhang, J.; Jin, Z.; Sun, G.-Q. Using a computer model to to study the transmission dynamics of rabies in China, for example, researchers concluded that controlling dog birth rate and increasing dog immunization coverage rate are the most effective methods for controlling rabies in China, and that large-scale culling of susceptible dogs can be replaced by immunization of them [7]. 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"). 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 ). Officers are only allowed to enter without doing so in limited, emergency situations. Id. The foregoing is for general information purposes and does not establish an attorney-client relationship. Div., 1985) (stating that keepers of wild animals are strictly liable). Cruelty to animals is illegal in Illinois, as it is across the country. Three years later, nocturnal vocalizing had been greatly reduced and was not detected by the authors at any time during the three-year census [3]. You: I do not give you my consent to search my property.. Connecticut allows municipalities to require feral cat keepers to register with the local animal control officer. Cats living in proximity to humans generally as a result of being fed are much easier to trap than those living in remote areas. There were no changes in procedure or code to account for this decrease [4]. . It could be foreseeable, then, that a stray or feral cat in a store could injure customers who came on the premises. EcoHealth 2013, 113. 2, 2007) (pdf file - 628.01 KB). Exposing Cruelty at Berkeley County Animal Control in West Virginia, Cat-alyst Society Monthly Giving Program, Forget-Me-Not Legacy Society: Planned Giving, Tribute Cards and Plaques to Support Feline Rescue, mandatory spay/neuter does not help community cats because they have no owner. Often known as leash laws, these regulations prohibit cats from being loose in the community. Id . Even in common law jurisdictions, the scarcity of published judicial opinions makes it difficult to determine what a judge will decide in a particular case. ; Turick, S.L. Always be considerate of the area, and inconspicuous in your actions. Feral cats do not fit neatly within the common law categories of animal ownership. ; Sieving, K.E. Community cat is the term we use for domestic cats who live outdoors and have no indication of having an owner. alleycat.org/Licensing Further, it is a misdemeanor for a cat owner to fail to pay any license tax required by this chapter before February 1 for the year in which it is due. Va. Code Ann. But these issues can typically be addressed with guidance from trap-neuter-return (TNR) groups or animal shelter staff. Your attorney can help you look up your local laws and determine how to proceed. 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. See David Favre & Murray Loring, Animal Law 7 (1983); see also Eyrich v. Earl , 495 A.2d 1375, 1377 (N.J.Super. May keepers and caretakers be held civilly liable for the actions of feral cats in their care? The county animal welfare officer, who has 20 years of experience, said, "It`s legal to kill feral cats in Wisconsin Is she right? Politely ask the animal control officer what specific ordinance requires you to trap the cats. Stabilizing and reducing the population of unowned, free-roaming cats through targeted TNR efforts, on the other hand, is made much easier (and thus more cost-effective) when cats are fed regularly. Ct. App. For model ordinances and examples of communities leading the way for humane care, read more about how Alley Cat Allies is creating community change. Remember to follow best practices when caring for community cats. Although its somewhat counterintuitive, feeding free-roaming cats is a critical step in reducing their numbers through TNR. Remove Food Sources. But the laws on animal abuse in Illinois are particularly extensive and detailed, covering a wide range of specific behavior, situations, and types of animalsfrom service and police dogs to animals used in entertainment. Are stray or feral cats dangerous to humans and public health? 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. 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. More likely, the officer is just making a request. This ordinance clearly outlined the rights and duties of feral cat caretakers, giving the judge a legal basis for deciding whether the defendant was liable for damage to the plaintiff's property. Do not interfere with or obstruct the police. Kass, P.H. Officers cannot search beyond what the warrant allows. David Favre & Murray Loring, Animal Law 8 (1983). It is legal to kill feral cats in ALL 50 states, even CA. Some animal control departments and other local authorities are wholeheartedly supportive of Trap-Neuter-Return (TNR) and can be excellent allies in your TNR work. Many state and local governments have not directly addressed the issues of ownership and responsibility related to feral cats. Under Virginia law, local governments may prohibit any person other than a releasing agency that has registered as such annually with local animal control from owning a cat four months old or older within such locality unless such cat is licensed as provided by this article. Va. Code Ann. Regular feeding of free-roaming cats is also known (by TNR group volunteers and other community cat caretakers) to make trapping these cats for sterilization/vaccination significantly easier. Ct. App. Researchers investigating infection rates among domestic and wild felids (bobcats and mountain lions) along the coast of central California found that infection rates in domestic cats collected from small to large colonies in close proximity to people, where they had access to provided food sources (e.g., commercial cat food or discarded human foods), were approximately 79% lower than rates in free-roaming cats living in undeveloped areas (81%) [14]. Help us continue our work for cats: Join our online community and become part of the movement to save cats lives! ; Weng, H.-Y. Id. [d]oes not become a public nuisance, does not run at large, and [d]oes not defecate on the property of another . Call local vet clinics and ask them for their "TNR" rates for sterilization. In recent years, some jurisdictions have expressly exempted caregivers from the definition of owner in order to avoid confusion. Although some state and local governments have enacted statutes and ordinances attempting to resolve some of these issues, most jurisdictions do not have any laws governing the care and ownership of feral cats. It is important to note, however, that very few cases have addressed the issue of civil liability for feral cat keeping or caretaking. She is unlikely to provide shelter or regular veterinary care, and she would presumably be less likely to assert ownership over the cat or try to keep it from straying. The most significant responsibility would be the imposition of strict liability on keepers and caretakers of feral cats in jurisdictions where keepers and caretakers are considered owners. See Restatement (Third) of Torts: Physical and Emotional Harm 22(a) (2005). Guide to Local Government: Animal Control, Harmful Laws That Push Cats into Shelters, Know Your Rights: How to Talk to Animal Control. Feral. Why communities consider bans on feeding feral cats. The cats also urinated and defecated in the crawl space of the home. Animal Control: You will receive a citation. Ask if the officer believes that you are violating any laws. 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. Their behavior can range from fearful and wary of people to friendly and open to human interaction. This may reflect the legislatures intent to solve the problem of discouraging good Samaritans. St. 37-246 (2008). Impacts on Wildlife. It is possible, then, that individuals who care for feral cats in these jurisdictions would not be required to comply with any of the requirements imposed on animal owners, nor would they be liable for any damages caused by the animals behavior. The reduction in intake was most likely due to several factors, including a decrease in kitten births via neutering, decreased nuisance behavior associated with breeding and territorial defense, and creation of alternatives to impoundment [5]. An animal is feral if it [e]xist[s] in a wild or untamed state, either naturally or having returned to such a state from domestication. The American Heritage Science Dictionary (Houghton Mifflin 2002). Generally, the state laws that do address these issues do not create substantive guidelines. Toxoplasma gondii, Source to Sea: Higher Contribution of Domestic Felids to Terrestrial Parasite Loading Despite Lower Infection Prevalence. These laws should apply to all cats, not just owned, family animals. The key question in either case is whether the owner has a duty to control the cat's behavior. This article addresses three primary legal questions. 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) . Vaccination against rabies is an increasingly common practice for TNR programs in the U.S. Rather, the cases look closely at evidence of ownership to determine whether the keeper or caretaker should be subject to liability. Cats in the F5 generation and further are considered entirely legal, though, and can be kept in most places. Will she consider the possible rights and responsibilities that might arise from her caretaking? H028774, 2007 WL 495897 (Cal. ; Schauber, E.M. As discussed below, this diminished level of control makes it difficult to determine how feral cat ownership should be determined in common law jurisdictions. , 825 N.E.2d 189, 676 n.1, 686 (Ohio Ct. App. Attitudes toward and perceptions of free-roaming cats among individuals living in Ohio. 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. Do not add any meat scraps to a compost pile. She did not provide shelter or veterinary care, and she never relocated or confined the animals. ; Miller, M.A. This would expose keepers and caretakers to liability for the actions of feral cats, but it is plausible that a court would limit the liability of those keepers and caretakers to reflect the more limited degree of control that they exercise over the cats. (See If the officer asks to search your property). 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. "Feral cat" means a cat that (i) is born in the wild or is the offspring of an owned or feral cat and is not socialized, or (ii) is a formerly owned cat that has been abandoned and is no longer socialized or lives on a farm. The problem noted in the Baylor Law Review article, however, is that this broadened definition of animal may expose a caretaker of a feral cat to criminal liability for neglect and abandonment if, at some point, she ceases to care for the animal. 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. 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. . The first problem is the question of whether feral cats are wild or domestic animals. /* Content Template: Content template for Resources - start */ Therefore, a ban on shooting domestic cats is also a ban on shooting feral cats. And by reducing a communitys feral cat numbers, TNR can also reduce nuisance complaints and potential impacts to public health, wildlife, and the environment. Feral ferret can be trapped, no bag limit or closed season. Id. Some definitions are so broad that they can be interpreted as including community cat caregiverswho we know, of course, do not own community cats. It may be legal when protecting your property, such as feral cats engaged in the taking of your livestock or even pets. /* ----------------------------------------- */ Some feline experts now estimate 70 million feral cats live in the United States, the consequence of little effort to control the population and of the cat's ability to reproduce quickly. Ct. Mar. If they dont have one, you do not have to let them inside the house or onto private property. Researchers investigating the effectiveness of TNR programs have documented reductions in nuisance complaints. This site is maintained for the Illinois General Assembly Regularly fed cats are also less likely to spread the parasite, Reason 3: the feral cat population is out of control. No, it is not illegal to shoot a cat, feral or otherwise. But, you can only shoot feral cats if they are in your yard. This article attempts to clarify the answers to these questions, giving feral cat caretakers, property owners, and others interested in the issue a clearer understanding of their legal rights and obligations. Remember: You dont have to give permission just because they ask for it. 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. Journal of the American Veterinary Medical Association 1996, 209, 20162020. Studied at California State University, Stanislaus 2 y. Some areas have laws restricting what activities are allowed on public property, so check your local ordinances to learn more. Taking a feral cat in the wilds of Idaho would require a valid hunting license. ; Slater, M.R. M.S., Arkansas Tech University: Ann Arbor, 2014. Can you provide it for me?. If you are not comfortable answering questions, exercise your constitutional rights by politely telling the officer that youd like to remain silent, and then do so. You: Do you think I am violating any laws? The truth about cats and dogs: Landscape composition and human occupation mediate the distribution and potential impact of non-native carnivores. Analyzing approaches to feral cat managementone size does not fit all. 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. Stop. On April 11, during a protest by feral cat advocates, two women were cited for the illegal take of an endangered or threatened species. Code 14-8-2-87 (2009 ); Wild Mammals, Defined, Neb. PLoS ONE 2011, 6, e20891. A person who overdrives, overloads, tortures or cruelly beats or unjustifiably injures, maims, mutilates or kills any animal, whether wild or tame, and whether belonging to himself or to another, or deprives any animal of necessary sustenance, food or drink, or neglects or refuses to furnish it such sustenance or drink, or causes, procures or feeding and cat colonies are illegal. Make sure to keep your attorneys phone number and name handy. There are three common reasons communities use when proposing a ban (or restrictions) on feeding free-roaming cats: (1) the cats are causing a nuisance to residents or business owners; (2) potential impacts to public health, wildlife, and the environment; and (3) the unowned cat population is . In Baker , the defendant fed and watered four cats that lived in the neighborhood. Penal Code 42.092 , 60 Baylor L. Rev. First, feral cats are members of the same species as domestic cats. Animal Control: Weve had complaints about cats that you feed. 3.2-6587(A)(2 ). Unfortunately, the answers to these questions are unclear and depend heavily on the local law. at 98384, 98890. 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? See, e.g. What they do: The history of leash laws and why they need to end: At the very least, they should exclude community cats so people can freely carry out TNR. For community cats, an eartip signifies that theyve been spayed/neutered and vaccinated. Orange County, Florida: Following the implementation of Orange County (Florida) Animal Services TNR program, researchers reported: Complaints have decreased gradually, and only rarely has it been necessary to move colonies despite the change broadening the definition of a nuisance complaint in the last two years, complaints decreased in FY 2000/2001. Global Ecology and Conservation 2018, 15, e00413. 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. Ask the officer to see a search warrant. 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. 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. In contrast, keepers and caretakers usually care for feral cats where they find them, exercising a limited degree of control over the animals. at 74850. 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. Increasingly, communities are passing local ordinances with positive, proactive language related to Trap-Neuter-Return or Shelter-Neuter-Return.