. 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. The statute explicitly includes feral cats in its definition of companion animal. Va. Code Ann. St. 37-246 (2008). In light of the policy implications associated with defining feral cats as wild animals and thereby subjecting keepers and caretakers to a strict liability regime, a court would be more likely to find that feral cat keepers and caretakers are analogous to owners or keepers of domestic animals. Impacts on Wildlife. Morin, D.J. Id . She did not provide shelter or veterinary care, and she never relocated or confined the animals. The killing of feral cats is so much more than a simple legal question and answer. Animal Control: "We have a search warrant for this home." You: 5/2.16 . Those citations will require court appearances next. A relinquishment of all rights to any animals on your property. When animal control asks for your signature, they are probably seeking one of three things: If an animal control officer asks you for written consent or permission, it usually means they need your permission to do something and they dont have itfor example, to search or trap cats on your property. Animal Control: Violating our leash law. to what extent can a caretaker be liable for tort damages caused by feral cats? In general, though, these state laws are strictly definitional. 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. The cats continued to come to the plaintiffs yard, and the plaintiffs claimed that the cats were attracted due to the failure of the neighboring apartment complex to ensure that its tenants placed lids on the trash receptacles. Exotic cats often require far more work and planning than your average domestic cat. 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. TNR and TNVR programs protect public health by creating a powerful barrier between wildlife and humans, and not every cat needs to be vaccinated to achieve herd immunity [6]. 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. To ameliorate this problem, several states have enacted laws that modify this common law view of ownership and enable local governments to impose specific requirements on keepers and caretakers of feral cats. These laws should apply to all cats, not just owned, family animals. Ask if the officer believes that you are violating any laws. 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. ; Melli, A.C.; Carpenter, T.E. And a feral cat, generally speaking, is less likely to be tame than a domestic housecat. (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 . 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. In many instances, you may ask animal control to return at a future date or time so that you may first speak with your attorney. 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. You: Id like to speak with my attorney before I answer any questions. Or Id like to remain silent.. You can find tips by referring to our factsheet How to Find Laws that Relate to Cats.. ; Nielsen, C.K. 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. 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. 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. Effect of high-impact targeted trap-neuter-return and adoption of community cats on cat intake to a shelter. Implementation of a Feral Cat Management Program on a University Campus. An admission or denial of responsibility for the cats. 3.2-6524(B) . You: What happens if I say no? 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. Wild Mammals, Defined, Neb. According to one source, the law in Texas prohibiting cruelty to animals did not specifically protect feral cats until 2007. 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. 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. 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. Marra's own work has shown that cats - mostly feral but also pets - kill billions of US birds and mammals every year . See id. . Can I Legally Kill a Cat on My Property? - FindLaw The statute further defines keepers as owners. Id. Conservation Biology 2012, 25, 808815. If you feed the cats on your own private property, you do not have to allow animal control onto the property without a warrant. by the. Older terms for these cats include feral cats and alley cats, but as those cats may not be feral or live in alleys, the animal welfare . Do not add any meat scraps to a compost pile. Therefore, in the absence of a specific statute defining the rights and responsibilities of feral cat caretakers, an individual who regularly cares for feral may not qualify as an owner or a legally designated caretaker. Animal Control: We received a complaint about cats in the neighborhood. My neighbor is baiting and trapping neighborhood cats and - Avvo Make sure that the officer knocked and announced their presence. They do not address specific issues related to liability, but rather (1) help to resolve the problem of classifying feral cats and (2) enable local governments to enact their own solutions. 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]. at 74850. Rather, the cases look closely at evidence of ownership to determine whether the keeper or caretaker should be subject to liability. Published research studies show that regularly fed free-roaming cats are less likely to hunt and kill wildlife. Although the plaintiffs attempted to trap the cats and bring them to animal control, the animal shelter ultimately told the plaintiffs that the shelter did not have room to house any more cats. ; Mazet, J.A.K. This rule would effectively advance two competing policy goals: (1) encouraging people to care for feral cats and (2) holding caretakers more responsible when their actions begin to look more like those of an owner than those of a caretaker. But see Allen v. Cox , 942 A.2d 296, 304 (Conn. 2008) (holding that when a cat's owner knows that the cat has a propensity to be violent, the owner may be liable for reasonably foreseeable injuries caused by the cat's aggressive behavior). 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. 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. As discussed below, this diminished level of control makes it difficult to determine how feral cat ownership should be determined in common law jurisdictions. 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. Some animal control officers have the power to arrest or issue citations, some do not. Remember: You dont have to give permission just because they ask for it. If you are charged with a crime, consult an attorney right away. Do not interfere with or obstruct the police. But.proceed if you'd like to face jail time and up to $20,000 fine. Your generosity means we can be there for cats and kittens in needby providing humane care in disaster situations, helping shelters save more cats, advocating for cat-friendly policies, and so much more. ; Slater, M.R. See David Favre & Murray Loring, Animal Law 2125 (1983) . These important distinctions would explain why some states have specifically excluded feral cats from their statutory definitions of exotic or wild animals. Could they be exposed to criminal liability for abandonment, neglect, or failure to comply with registration or spay/neuter requirements? Politely tell the officer that you do not consent to a search. And by reducing a communitys feral cat numbers, TNR can also reduce nuisance complaints and potential impacts to public health, wildlife, and the environment. Mahlow, J.C.; Slater, M.R. 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. The caretaker in that case merely fed and watered the cats. 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. 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. This will help you determine if the officer is trying to pursue a charge against you or just looking for information or clarification. (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. All rights reserved. You cannot trap a cat and then shoot it if the cat is trapped on your property. You arent required to tell an animal control officer when and where you feed cats. 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 may exercise your right to remain silent like in the examples above. And remember: less is often more. Epidemiology, Biostatistics, and Preventive Medicine; 3rd ed. Can you provide it for me?. Feral Cat Legal Issues | Animal Legal & Historical Center 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. It is extremely rare that a caregiver is required by law to trap cats. 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. Second, keepers and caretakers do not exercise the level of control over feral cats that owners of wild animals exercise over those animals. 3907 . ; Lesmeister, D.B. 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. These cats are regulated in a few different states and outright banned in some cities. PDF Impacts of Feral and Free-ranging Domestic Cats on Wildlife in Florida More likely, the officer is just making a request. No, it is not illegal to shoot a cat, feral or otherwise. In doing so, you may violate other laws that will get you into trouble and prevent you from legally protecting cats. Although its somewhat counterintuitive, feeding free-roaming cats is a critical step in reducing their numbers through TNR. Post No Trespassing signs in your front yard and other areas you seek to keep private. Biological Invasions 2018, 20, 333344. Call local vet clinics and ask them for their "TNR" rates for sterilization. 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 . You: Do you think I am violating any laws? Free-ranging domestic cats (Felis catus) on public lands: estimating density, activity, and diet in the Florida Keys. Zhang, J.; Jin, Z.; Sun, G.-Q. Lord, L.K. Researchers investigating the effectiveness of TNR programs have documented reductions in nuisance complaints. When damage to property or persons is reasonably foreseeable, a court in these jurisdictions could impose civil liability on keepers and caretakers for breaching their duty to control the feral cats in their care. Zaunbrecher, K.I. However, according to the research outlined above, such policies are likely to be ineffective. Some are licensed to carry firearms, some are not. You are not required to give your consent to search. 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. Try seeing if there are any feral cat rescue groups in your area that do trap, neuter, release and colony care. 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. Animal Control: We have a search warrant for this home. The answers to these questions can vary widely depending on where the individual lives. Id. They cant search your property, stop and question you, or cite you without a reason. 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. 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. 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. Prohibit feeding of stray cats in public lands that serve as wildlife habitat. The foregoing is for general information purposes and does not establish an attorney-client relationship. With your generous support, we can protect and save the lives of cats and kittens. C. 8217 . 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]. 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. 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. Determining when a feral cat caretaker may be criminally liable is a complex issue that has not been extensively addressed. Feral ferret can be trapped, no bag limit or closed season. 2005) . Feral cats are included in many anti-cruelty laws but may be specifically excluded in certain provisions. 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]. 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. Local laws, such as local animal control ordinances, are part of a city and/or county code. If you feed cats on public property, people might see what you are doing. 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) . Generally, the state laws that do address these issues do not create substantive guidelines. 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. Animal Cruelty and Abuse Laws in Illinois | Lawyers.com The county animal welfare officer, who has 20 years of experience, said, "It`s legal to kill feral cats in Wisconsin Is she right? 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 /* Content Template: Content template for Resources - end */ Silva-Rodrguez, E.A. Cats living in proximity to humans generally as a result of being fed are much easier to trap than those living in remote areas. 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. In Kyles , the plaintiffs were members of a family residing in a home located next to an apartment complex. 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. Id like to look around. 2023 Michigan State University College of Law. Vaccination against rabies is an increasingly common practice for TNR programs in the U.S. For community cats, an eartip signifies that theyve been spayed/neutered and vaccinated. at *14. 5/2.16 . This is important because anything animal control can see may be used as cause to search or obtain a warrant. Some areas have laws restricting what activities are allowed on public property, so check your local ordinances to learn more. The result of this approach is that the law of feral cats can, and often does, vary drastically within the same state. Fiori v. Conway Org. 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). 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. You: I do not give my consent to search my property. Write down everything immediately after the encounter. Unless the cat has vicious tendencies that are known to the owner, a court is likely to find a duty only if the damages caused by the cat were reasonably foreseeable. 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. No. ; Johnson, K.L. Ideally, more state and local legislatures should begin to address this complex and convoluted area of law. Such findings correspond well with those indicating that free-roaming cats are more likely to be found in close proximity to humans. 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"). at 96667. These cats damaged the plaintiffs home, destroying insulation, a vapor barrier, and duct work. A further problem is the relatively limited degree of control exercised by the defendant in Baker . Itll just take a minute.. 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. 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. 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. When a person sees a malnourished kitten roaming her neighborhood, her first instinct is often to stop and help. The court did not, however, address the question of whether a feral cat caretaker could be held criminally liable under the ordinancea distinct possibility, given the ordinances broad definition of ownership. It is the foundation for FWC staff to interact with affected parties and develop science-based, humane solutions . Although often well-meaning, mandatory spay/neuter does not increase the amount of spay/neuter taking place in a community. Until then, however, only the courts can provide clearer guidance for keepers and caretakers in common law jurisdictions. Studied at California State University, Stanislaus 2 y. The shelter was told by the defendant that the cat was feral, and the cat was euthanized. M.S., Arkansas Tech University: Ann Arbor, 2014. Help us continue our work for cats: Join our online community and become part of the movement to save cats lives! 964, 97374 (Fall 2008) . Always be considerate of the area, and inconspicuous in your actions. (See If the officer asks to search your property). This article addresses three primary legal questions. I would like a copy of it. 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. It is illegal to take live deer from the wild unless you have received a permit from the Illinois Department of Natural Resources (IDNR) or are a licensed wildlife rehabilitator. PLoS ONE 2011, 6, e20891. You can use these scenarios to guide you in your interactions. Officers are only allowed to enter without doing so in limited, emergency situations. 3.2-6587(A)(2 ). Id. 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. 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. 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. It was a really sad case, and my client was heartbroken at the loss of her cat. 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. See id. Jekel, J.F. Animal control officers may be employees of the city or work as contractors. 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. 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. 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. Alley Cat Allies has protected and improved the lives of cats for 32 years.
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