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 . Hess, S.C.; Hansen, H.; Banko, P.C. They cant search your property, stop and question you, or cite you without a reason. As a caregiver for outdoor cats, you may be approached by local authorities at some point. However, it is possible that individual members of a domestic species could be considered wild if those individual animals have not been domesticated. ; Kays, R.; OConnell, A.F. Animal Control: You will receive a citation. Feral ferret can be trapped, no bag limit or closed season. cats kill an estimated minimum of 31.4 million small mammals and 7.8 million birds per year. See David Favre & Murray Loring, Animal Law 2125 (1983) . Rhode Island then allows local governments to implement permitting requirements for feral cat caretakers. See id. Penal Code 42.092 , 60 Baylor L. Rev. David Favre & Murray Loring, Animal Law 8 (1983). Rather, they typically authorize local governments to enact their own ordinances. 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. /* ----------------------------------------- */, Know Your Rights: How to Talk to Local Authorities, 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, Best Practices: Community Cat Colony Care, Cats and the Law: Finding and Understanding Your Laws, Cats and the Law: A Guide to Getting Legal Help, Know Your Rights: If Youre Stopped by Police and Searches and Warrants. 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. In the vast majority of jurisdictions, however, courts will have no guidance other than common law. For community cats, an eartip signifies that theyve been spayed/neutered and vaccinated. It is the foundation for FWC staff to interact with affected parties and develop science-based, humane solutions . An SNR program - Spay, Neuter, Release - is also a good way to reduce the numbers of feral cats in a given area. By identifying particular, positive programssuch as TNR programsand explicitly exempting participants from the definition of owner, Illinois attempts to ensure that (1) fear of potential liability does not create a disincentive to participate in such a program, and (2) other individuals who might qualify as caretakers or keepers are held responsible for the actions. 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. (For further discussion of general issues pertaining to feral cats and feral cat colonies, see Anthony B. Lacroix, Feral Cats , Animal Legal & Hist. Current issues in the control of stray and feral cats. In some situations, the Department of Health might respond to certain questions or concerns. The key question in either case is whether the owner has a duty to control the cat's behavior. 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. to what extent can a caretaker be liable for tort damages caused by feral cats? ; Nutter, F.B. Its not safe, or practical, for community cats who have been through Trap-Neuter-Return to wear collars for these tags, so they are vulnerable. The trial court granted summary judgment for the defendants, but the appellate court rejected the trial courts analysis of the plaintiffs nuisance claim. Its understandable that feeding unowned, free-roaming cats might result in a legitimate nuisance complaint. The county animal welfare officer, who has 20 years of experience, said, "It`s legal to kill feral cats in Wisconsin Is she right? 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. Cases are scarce, and the cases that do exist are unpublished and highly fact-specific. Studied at California State University, Stanislaus 2 y. 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. 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. Be aware that anything you say can be used in court. The answer depends on where you live. A further problem is the relatively limited degree of control exercised by the defendant in Baker . 29D05-0605-SC-1055 (Ind. 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 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. The killing of feral cats is so much more than a simple legal question and answer. 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. 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 . Feral cat feeding bans: The reasoning, risks, and results, Why communities consider bans on feeding feral cats, Cat feeding ban reason 1: nuisance complaints, Although counterintuitive, published research studies indicate that regular feeding of free-roaming cats as part of a targeted TNR effort can actually reduce nuisance complaints. In Fiori , a customer sued a store owner after the customer was attacked by a cat that had taken up residence in the store and was being fed by store employees. Get the latest cat news, information, and ways to take action and save cats' lives! (The Center Square) - An animal rights group is applauding a policy change by the Illinois Department of Natural Resources regarding feral cats that could save taxpayers money. ; Johnson, K.L. In determining whether the nuisance claim could be decided on summary judgment in favor of the defendants, the appellate court evaluated whether the plaintiffs had adequately shown that the defendants owed them a legal duty of care, that the defendants breached that duty, and that the breach was the cause of the plaintiffs damages. Some definitions are so broad that they can be interpreted as including community cat caregiverswho we know, of course, do not own community cats. Penal Code 42.092 , 60 Baylor L. Rev. ; Weng, H.-Y. You: I do not give my consent to search my property. As discussed below, some individuals may be disinclined to care for feral cats if they believe that doing so may expose them to civil or criminal liability. 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. ; Turick, S.L. 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. , 746 N.Y.S.2d 747, 750 (N.Y. App. Journal of the American Veterinary Medical Association 1996, 209, 20162020. 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. Wild Mammals, Defined, Neb. But, you can only shoot feral cats if they are in your yard. These cats damaged the plaintiffs home, destroying insulation, a vapor barrier, and duct work. ; Haller, L. The Effects of Implementing a Feral Cat Spay/Neuter Program in a Florida County Animal Control Service. 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. St. 37-246 (2008). However, on . Under section 235 (4), any owner whose dog is found to have caused damage to a person, livestock, or other property shall be responsible for that damage. Ct. Mar. 3 Del. Call your city government or find our Guide to Local Government.. This may reflect the legislature's intent to solve the problem of discouraging good Samaritans. 2023 Michigan State University College of Law. Often known as leash laws, these regulations prohibit cats from being loose in the community. It could be foreseeable, then, that a stray or feral cat in a store could injure customers who came on the premises. . Hospital campus: Similar results were observed three years into a TNR program at the Gillis W. Long Hansens Disease Center in Carville, Louisiana, where researchers reported that unwanted noise from cats fighting and from mating calls was commonly heard during nocturnal visits to the cats living areas before the study. 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. Until then, however, only the courts can provide clearer guidance for keepers and caretakers in common law jurisdictions. In 2007, the Texas legislature amended its animal protection statute to include feral cats and dogs in the statutes definition of animal. This amendment was passed in response to several instances in which juries acquitted defendants who were accused of cruelty to feral animals because feral animals were not explicitly protected by the states animal cruelty statute. 7 M.R.S.A. Generally, legislatures pass laws to correct perceived deficiencies in existing law, particularly when there is no indication that the new legislation is intended to codify the current common law rule. Rev. Hughes, K.L. 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. 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. In Kyles , the plaintiffs were members of a family residing in a home located next to an apartment complex. All rights reserved. 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. Cruelty to animals is illegal in Illinois, as it is across the country. ; Smith, R.E. Influence of Care of Domestic Carnivores on Their Predation on Vertebrates. 510 ILCS 5/2.11b. ; Etheridge, D.L. McElroy v. Carter , No. Rather, the cases look closely at evidence of ownership to determine whether the keeper or caretaker should be subject to liability. This rationale is less persuasive when applied to feral cats for two reasons. The reasoning in these cases could be applied to feral cat keepers in caretakers in jurisdictions that consider keepers and caretakers to be owners. Taking a feral cat in the wilds of Idaho would require a valid hunting license. We seek to change them into positive laws that save animals and meet the needs of cats, caregivers, owners, and the community at large. Say that youd like to remain silent, and consult an attorney right away to determine if an animal control officer is violating your rights. The cats also urinated and defecated in the crawl space of the home. Animal Control: "We have a search warrant for this home." You: Note: Pay special attention to the definition of owner in your local laws. This may reflect the legislatures intent to solve the problem of discouraging good Samaritans. Despite the fact that a feral cat ordinance was the controlling law in the case, the judge still held in favor of the defendant because that ordinance did not specifically create a duty owed by the defendant to the plaintiff. Step outside of the house and be sure to shut the door behind you! Feeding as part of an effective community cat management strategy, Current issues in the control of stray and feral cats, Implementation of a Feral Cat Management Program on a University Campus, Neutering of feral cats as an alternative to eradication programs, The Effects of Implementing a Feral Cat Spay/Neuter Program in a Florida County Animal Control Service, Effect of high-impact targeted trap-neuter-return and adoption of community cats on cat intake to a shelter, Analysis of Rabies in China: Transmission Dynamics and Control, Influence of Care of Domestic Carnivores on Their Predation on Vertebrates, The truth about cats and dogs: Landscape composition and human occupation mediate the distribution and potential impact of non-native carnivores, Number of unowned free-roaming cats in a college community in the southern United States and characteristics of community residents who feed them, Attitudes toward and perceptions of free-roaming cats among individuals living in Ohio, , Source to Sea: Higher Contribution of Domestic Felids to Terrestrial Parasite Loading Despite Lower Infection Prevalence, Evaluation of animal control measures on pet demographics in Santa Clara County, California, 19932006, Analyzing approaches to feral cat managementone size does not fit all, Reducing Feral Cat Threats To Native Wildlife In Hawaii, The eradication of feral cats from Ascension Island and its subsequent recolonization by seabirds, 2020National Feline Research Council |. And remember: less is often more. H028774, 2007 WL 495897 (Cal. No. Baker v. Middleton , C.A. Ask the officer to see a search warrant. Yowling and spraying can also become a problem where multiple cats congregate. Analyzing approaches to feral cat managementone size does not fit all. 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. Write down everything immediately after the encounter. 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. $. VanWormer, E.; Conrad, P.A. Prohibit feeding of stray cats in public lands that serve as wildlife habitat. 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? Take careful notes of what the officer does and what is said while the search occurs. You can use these scenarios to guide you in your interactions. 2023 Alley Cat Allies. Evaluation of animal control measures on pet demographics in Santa Clara County, California, 19932006. See id. alleycat.org/Licensing 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. You: Please excuse me, Id like to contact my attorney.. Community cat is the term we use for domestic cats who live outdoors and have no indication of having an owner. The question, then, is what will a court in a common law jurisdiction do when faced with a feral cat keeper or caretaker who has exhibited greater evidence of ownership than the defendant in Baker ? ; Mazet, J.A.K. Alley Cat Allies has protected and improved the lives of cats for 32 years. At the same time, an overly burdensome notice requirement could easily become a strong disincentive to individuals who may have otherwise considered becoming feral cat caretakers. Finally, the court dismissed the plaintiff's trespass claim for lack of evidence. "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. You: Then you wont mind showing it to me? 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. Alley Cat Allies is a 501(c)3 organization. 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. 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. With your generous support, we can protect and save the lives of cats and kittens. 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. It should not be construed as legal advice. Animal Control: That depends on if the cats belong to you. Ct. App. You: What happens if I say no? Those citations will require court appearances next. Fiori v. Conway Org. This will help you determine if the officer is trying to pursue a charge against you or just looking for information or clarification. Try seeing if there are any feral cat rescue groups in your area that do trap, neuter, release and colony care. Complete removal of feral cats could be employed on small, isolated areas or islands in Florida. The court went on to reject two alternative theories of negligence proffered by the plaintiff. Id . 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. at *14. 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. Morin, D.J. If you are charged with a crime, consult an attorney right away. In Baker , the defendant fed and watered four cats that lived in the neighborhood. . This is important because anything animal control can see may be used as cause to search or obtain a warrant. 2023 Alley Cat Allies. Kyles v. Great Oaks Interests , No. The statute explicitly includes feral cats in its definition of companion animal. Va. Code Ann. Use tab to navigate through the menu items. , 825 N.E.2d 189, 676 n.1, 686 (Ohio Ct. App. Lord, L.K. Donate. 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. at 96667. But.proceed if you'd like to face jail time and up to $20,000 fine. (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 . 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. Id. Levy, J.K.; Isaza, N.M.; Scott, K.C. This policy does not call for the FWC to kill cats, nor does it outlaw the practice of Trap-Neuter-Release. C. 8217 . Animal control officers may be employees of the city or work as contractors. /* ----------------------------------------- */ The answer to this question is likely to depend on the degree of control that the individual exercises over the cats. According to one source, the law in Texas prohibiting cruelty to animals did not specifically protect feral cats until 2007. 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. In doing so, you may violate other laws that will get you into trouble and prevent you from legally protecting cats. 3.2-6587(A)(2 ). Feb. 16, 2007). 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. 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. In some communities, animal-related ordinances are enforced by full-time animal control officers; in others, police officers, sheriffs, or code enforcement officers might be assigned to animal control duties or wear several hats, including animal control. And a feral cat, generally speaking, is less likely to be tame than a domestic housecat. Researchers in Chile, for example, concluded that underfed cats are nearly five times as likely to prey on wildlife, compared to adequately fed cats [8]. 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. 2005) . Owned cats, even those who live primarily indoors, are at risk of being impounded if they slip outside and are not wearing a collar and license. These cats are regulated in a few different states and outright banned in some cities. See David Favre & Murray Loring, Animal Law 7 (1983) . 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. Officers are only allowed to enter without doing so in limited, emergency situations. The FWC's policy on feral cats is "to protect native wildlife from predation, disease and other impacts presented by feral and free-ranging cats.". Epidemiology, Biostatistics, and Preventive Medicine; 3rd ed. The following fact sheet provides you with information on your rights. See id. Similarly, some states classify feral cat caretakers as owners and further require owners to spay and neuter their pets or immunize them against rabies. Such findings correspond well with those indicating that free-roaming cats are more likely to be found in close proximity to humans. Local authorities, often in the form of an animal control agency are charged with enforcing laws related to the control and impoundment of animalsincluding laws that may affect the feeding, spaying and neutering, and care of outdoor cats. PeerJ 2013, 1, e18. . There were no changes in procedure or code to account for this decrease [4]. ; Sieving, K.E. If the officer threatens you with a citation, state that youd like to contact your attorney. More likely, the officer is just making a request. Any one of these officials might at some point take an interest in outdoor cats. This commonsense approach to public health is recognized across the globe where free-roaming animals are a concern. It is important to note, however, that very few cases have addressed the issue of civil liability for feral cat keeping or caretaking. APPA 20152016 APPA National Pet Owners Survey; American Pet Products Association: Stamford, CT, 2017. The statute further defines keepers as owners. Id. Avoid feeding your own pets outdoors and cover trash scraps securely to deny unwelcome cats an easy meal. You could try other methods to deter the cats from your yard, like motion activated sprinklers or coyote urine. And results of various other studies [17,18] demonstrate an increased difficulty trapping feral cats in more remote natural areas, where the cats are not likely being fed by humans. What they do: The history of licensing laws and why they need to end: Even with licensing laws, only 2 percent of impounded pet cats are reunited with their owners. Animal Control: Weve had complaints about cats that you feed. Relying on testimony from the director of Indy Feral, a local organization that works with feral cat colonies, the court found that feral cats will stay with their colonies in a specific location regardless of whether they are fed and watered. 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.
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