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. Sign this form so we can trap them." You: Animal Control: "Our local ordinance prohibits feeding animals on public property." You: Animal Control: "You will receive a citation." You: Officers cannot search beyond what the warrant allows. Do not add any meat scraps to a compost pile. It was a really sad case, and my client was heartbroken at the loss of her cat. Code 14-8-2-87 (2009 ); Wild Mammals, Defined, Neb. read more about how Alley Cat Allies is creating community change. 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). Taking a feral cat in the wilds of Idaho would require a valid hunting license. Kass, P.H. Get the latest cat news, information, and ways to take action and save cats' lives! Cruelty to animals is illegal in Illinois, as it is across the country. Domestic cats are a significant source of mortality for wildlife. Two researchers undertaking a detailed study of TNR in Randolph County, North Carolina, noted, for example, their remarkable success trapping feral cats perhaps because the cats were well acclimated to humans and used to being fed in particular locations [16]. 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. The cats also urinated and defecated in the crawl space of the home. H028774, 2007 WL 495897 (Cal. 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. 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. 2020National Feline Research Council | Contact Us | Privacy Policy. 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. 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 other answers here are not being truthful, while there are animal cruelty laws and fines, they fail to mention is those rules do not apply to feral invasive species. See David Favre & Murray Loring, Animal Law 7 (1983); see also Eyrich v. Earl , 495 A.2d 1375, 1377 (N.J.Super. 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. Conservation Biology 2012, 25, 808815. The statute explicitly includes feral cats in its definition of companion animal. Va. Code Ann. M.S., Arkansas Tech University: Ann Arbor, 2014. Follow best practices for caregivers, and choose discreet locations for feeding stations and shelters. 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. Prohibit feeding of stray cats in public lands that serve as wildlife habitat. 3.2-6500 . . Id. at 26. The problem, however, is that people do not generally possess a feral cat in the same way that they would possess a dairy cow, a housecat, or a parrot. H028774, 2007 WL 495897 (Cal. 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. TNR/Community Cat Care Financial Resources, How Rescuers Can Effectively Adopt Out Cats, Debunking the Myths and Misinformation: Cat Predation, Solutions to Prevent Surrendering your cat, Press Release on African Wildcat Campaign, Differences between AWCs and domestic cats, click here to see why feeding bans do not work, http://cfa.org/Portals/0/documents/legislative/cat-leash-laws.pdf, https://idfg.idaho.gov/question/it-legal-kill-feral-cats, http://www.accord3.com/docs/TNR%20Law%20Kortis.pdf, http://www.humanesociety.org/assets/pdfs/pets/feral-cats/nirenburg_hsus_cat_outdoors.pdf. The trial court granted summary judgment for the defendants, but the appellate court rejected the trial courts analysis of the plaintiffs nuisance claim. 5/2.16 . 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. 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 . Determining when a feral cat caretaker may be criminally liable is a complex issue that has not been extensively addressed. Similarly, some states classify feral cat caretakers as owners and further require owners to spay and neuter their pets or immunize them against rabies. Do not sign any document without consulting an attorney. 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. The cat allegedly scratched the paint on the neighbor's truck, but because this kind of property damage was not reasonably foreseeable, the court held that the owner was not liable for any damages that her cat may have caused. Alley Cat Allies has protected and improved the lives of cats for 32 years. 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. ; Etheridge, D.L. 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. All rights reserved. 3907 . Ask if the officer believes that you are violating any laws. But these issues can typically be addressed with guidance from trap-neuter-return (TNR) groups or animal shelter staff. 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. The foregoing is for general information purposes and does not establish an attorney-client relationship. Do not touch or threaten officers or neighbors. Finally, the statute permits local municipalities to enact separate ordinances prohibiting cat ownersincluding feral cat keepersfrom substantially damag[ing] property or caus[ing] an unsanitary, dangerous or unreasonably offensive condition. Id. It is, in fact, illegal in a number of states for that reason, and that it spreads disease. In another case, a New York state trial court held that a store owner could be liable for personal injuries caused by a stray or feral cat in the store. 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. May keepers and caretakers be held civilly liable for the actions of feral cats in their care? 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. 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. by the. For community cats, the inclusion or omission of just a few words in these laws can be the difference between life and death. You: What happens if I say no? ; Slater, M.R. Animal Control: Youll receive a citation. Its understandable that feeding unowned, free-roaming cats might result in a legitimate nuisance complaint. If you feed the cats on your own private property, you do not have to allow animal control onto the property without a warrant. Politely tell the officer that you do not consent to a search. What does it mean to own a feral cat? In fact, the court noted that Indy Feral's website, offered as an exhibit by the defendant, states that feral cats will become an even greater nuisance if they are not fed on a regular basis, since this will require to the cats to forage for food. In states and local jurisdictions where caretakers or keepers of feral cats are considered owners, it is quite possible that a feral cat caretaker could be subject to tort liability for trespass and nuisance claims. Second, the article addresses the question of whether feral cat keepers or caretakers can be held civilly liable for the actions of feral cats. And remember: less is often more. Penal Code 42.092 , 60 Baylor L. Rev. This is important because anything animal control can see may be used as cause to search or obtain a warrant. . It should not be construed as legal advice. Super. Will she consider the possible rights and responsibilities that might arise from her caretaking? This case illustrates the careful balancing act involved in crafting a feral cat statute or ordinance. 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. Their behavior can range from fearful and wary of people to friendly and open to human interaction. The FWC and Feral Cats. 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. Community cat is the term we use for domestic cats who live outdoors and have no indication of having an owner. The family brought suit against the apartment complex, the city, the county, and the garbage disposal company servicing the apartment complex, alleging, among other things, that attracting the cats constituted a nuisance. St. 37-246 (2008). 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. You: Im not refusing to sign, but I would like to consult an attorney before I sign anything.. In this case, leash laws may apply only to cat owners and not caregiversa local attorney can advise you on the specific law in your area. Cove, M.V. 29D05-0605-SC-1055 (Ind. Say that youd like to consult an attorney before signing anything. The reasoning in these cases could be applied to feral cat keepers in caretakers in jurisdictions that consider keepers and caretakers to be owners. Influence of Care of Domestic Carnivores on Their Predation on Vertebrates. 5/2.16 . /* ----------------------------------------- */, 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. . 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. However, according to the research outlined above, such policies are likely to be ineffective.
