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. Second, the plaintiff argued that the defendant was responsible for the damage caused by the cats because feeding and watering an animal serves as an invitation to stay in the area. 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. This site is not a law firm and cannot offer legal advice. All rights reserved. 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. 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. 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. This case illustrates the careful balancing act involved in crafting a feral cat statute or ordinance. ; Melli, A.C.; Carpenter, T.E. See id. 22-339d . For community cats, the inclusion or omission of just a few words in these laws can be the difference between life and death. Owners of wild animals intentionally possess those animals, knowingly exposing themselves to the risks that a wild animals presence might pose to the local community. Marra's own work has shown that cats - mostly feral but also pets - kill billions of US birds and mammals every year . If the officer threatens you with a citation, state that youd like to contact your attorney. Animal Control: Our local ordinance prohibits feeding animals on public property. Since South Dakota state laws do not address feral cats, it is unclear whether they would be included. 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. For model ordinances and examples of communities leading the way for humane care, read more about how Alley Cat Allies is creating community change. When they do attempt to resolve these issues, judges and legislatures must take care to ensure that the legal regime they impose on feral cat keepers and caretakers is not overly burdensome. ; Slater, M.R. 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. Hughes, K.L. 3.2-6500 . 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. Until then, however, only the courts can provide clearer guidance for keepers and caretakers in common law jurisdictions. (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. at 45; see also McElroy v. Carter , No. 2023 Alley Cat Allies. "Dangerous dog" means (i) any individual dog anywhere other than upon the property of the owner or custodian of the dog and unmuzzled, unleashed, or unattended by its owner or custodian that behaves in a manner that a reasonable person would believe poses a serious and unjustified imminent threat of serious physical injury or death to a person or M2005-00414-COA-R3-CV, 2006 WL 2805141, at *6 (Tenn. Ct. App. Keep all veterinary medical record files with vaccinations, spay/neuter certificates, etc., where they are easily accessible. You: Id like to consult my attorney.. Leash laws are incompatible with Trap-Neuter-Return, because community cats are by nature free-roaming, and they dont have an owner whose property they can stay on. And remember: less is often more. 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. 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. 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. The key question in either case is whether the owner has a duty to control the cat's behavior. to what extent can a caretaker be liable for tort damages caused by feral cats? On the other hand, in cases like McElroy where the owner had no reason to foresee any damage or injury that her cat might cause, a court may be unlikely to find that such a duty exists. 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]. Increasingly, communities are passing local ordinances with positive, proactive language related to Trap-Neuter-Return or Shelter-Neuter-Return. ; Haller, L. The Effects of Implementing a Feral Cat Spay/Neuter Program in a Florida County Animal Control Service. Finally, the court dismissed the plaintiff's trespass claim for lack of evidence. The shape of animal control duties differs from community to community. What to do with feral cats: Examining TNR for population management, Wildlife impacts of free-roaming cats: Estimates vs. evidence. at 96667. 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. Remove Food Sources. It was a really sad case, and my client was heartbroken at the loss of her cat. 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. 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 ). 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. Rev. The caretaker in that case merely fed and watered the cats. And most communities have provisions in their municipal codes to address such situations if they persist. Regularly fed cats are also less likely to spread the parasite, Reason 3: the feral cat population is out of control. 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]. 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. . If you feed the cats on your own private property, you do not have to allow animal control onto the property without a warrant. 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 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. There shall be no liability on such person in damages or otherwise for killing, injuring from an attempt to kill, or for seizing the dog. Step outside, close the door behind you, and politely ask the officer if you can read the search warrant. The answer depends on where you live. 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. Take note of what the warrant says, and where it permits the officer to search. 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. Id. The result of this approach is that the law of feral cats can, and often does, vary drastically within the same state. In general, though, these state laws are strictly definitional. Post No Trespassing signs in your front yard and other areas you seek to keep private. 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). It may be legal when protecting your property, such as feral cats engaged in the taking of your livestock or even pets. Help us continue our work for cats: Join our online community and become part of the movement to save cats lives! Although the Baylor Law Review article and the Indiana Superior Court case suggest that a court may not hold caretakers responsible for the behavior of feral cats, the case law on this issue is nearly nonexistent. 510 I.L.C.S. 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? 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. 5/2.16 . Animal Control: You will receive a citation. Thus, the most rational way to determine ownership of feral cats is to use a modified version of the legal regime for owners of domestic animals, in which courts look at the extent to which a particular keeper or caretaker has exercised control over a feral cat and then imposes limited liability in a way that reflects that level of ownership. For example, by defining keepers as owners and authorizing municipal permitting requirements for feral cat caretakers, a state like Rhode Island is able to address issues related to feral cats without imposing substantive requirements on the entire state. Zhang, J.; Jin, Z.; Sun, G.-Q. 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. Ordinances often include sections on animal cruelty, ownership, at-large regulations, mandatory spay/neuter, and cat licensing. Increasingly, animal control agencies and animal shelters are participating in TNR and Shelter-Neuter-Return (SNR), as they realize that doing so is best for the cats and the community. ; Smith, R.E. 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. The trial court granted summary judgment for the defendants, but the appellate court rejected the trial courts analysis of the plaintiffs nuisance claim. 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 . Laws affecting Trap-Neuter-Return and outdoor cats are different in every city and state. A 1993 survey conducted in Santa Clara County, California, found that only about 7% of residents made efforts to sterilize unowned, free-roaming cats despite the fact that 62% of the cats were being fed in residents yards. A feral cat is totally unsocialized to people. 2023 Alley Cat Allies. Center (2006)) . The court held that the defendant did not owe a duty to the plaintiff to prevent the feral cats from causing this damage, and therefore, the defendants failure to prevent the cats from damaging the plaintiffs property did not constitute negligence. 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"). It is extremely rare that a caregiver is required by law to trap cats. Local laws, such as local animal control ordinances, are part of a city and/or county code. ; Schauber, E.M. You: Please excuse me, Id like to contact my attorney.. The court noted that there was evidence presented to the trial court that the defendants had caused a large number of cats to be attracted to the area and frequent Plaintiffs backyard, thereby interfering with the plaintiffs use and enjoyment of their property. Do not sign any document without consulting an attorney. Take careful notes of what the officer does and what is said while the search occurs. It is certainly plausible, then, that a feral cat caretaker in Virginia could be required to comply with the same requirements imposed on owners of domestic cats. On April 11, during a protest by feral cat advocates, two women were cited for the illegal take of an endangered or threatened species. 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). But.proceed if you'd like to face jail time and up to $20,000 fine. This commonsense approach to public health is recognized across the globe where free-roaming animals are a concern. 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. Studied at California State University, Stanislaus 2 y. Some animal control officers have the power to arrest or issue citations, some do not. (For further discussion of general issues pertaining to feral cats and feral cat colonies, see Anthony B. Lacroix, Feral Cats , Animal Legal & Hist. 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. There were no changes in procedure or code to account for this decrease [4]. For example, in South Dakota a person can only be charged with the poisoning or killing of an animal that is "owned" by another person. As discussed above, the issue in Baker required the court to interpret a feral cat ordinance . Restrictions or outright bans on feeding stray or feral cats are typically proposed in response to complaints about the presence of unowned, free-roaming cats. Evaluation of animal control measures on pet demographics in Santa Clara County, California, 19932006. Feral ferret can be trapped, no bag limit or closed season. Unfortunately, the answers to these questions are unclear and depend heavily on the local law. 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. As communities across the U.S. consider how best to manage their population of unowned, free-roaming cats, an option often proposed is an outright ban on residents feeding feral animals. The relevant science suggests, however, that such policies are not only unlikely to reduce free-roaming cat populations but might actually backfire, increasing their numbers. You can find tips by referring to our factsheet How to Find Laws that Relate to Cats.. Many state and local governments have not directly addressed the issues of ownership and responsibility related to feral cats. This article addresses three primary legal questions. 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. 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].
