. By reducing the population of free-roaming cats, TNR programs protect humans from zoonotic diseases that can be spread by domestic cats (e.g., rabies, plague, etc.). Many local laws are punitive. Alley Cat Allies has protected and improved the lives of cats for 32 years. 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. Further, the statute provides that any refusal to permit any animal control officer to impound such cat shall be deemed evidence of ownership . A relinquishment of all rights to any animals on your property. This case illustrates the careful balancing act involved in crafting a feral cat statute or ordinance. Animal control officers are there to enforce the local animal control laws, so politely ask questions to find out more: Animal Control: Its illegal to feed cats here. Their eradication on more than 100 islands could . Taking a feral cat in the wilds of Idaho would require a valid hunting license. No. leaving pet dogs or cats for a long period of . 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. The best way to protect yourself and your cats is by knowing your local laws. Or, politely request to speak to your attorney first. Can you provide it for me?. also survives summary adjudication. Thus, the appellate court partially reversed the trial courts grant of summary judgment, holding that the defendants could, in fact, be liable under a nuisance theory for damages arising from actions that caused the presence of [a] large number of cats on Plaintiffs property. See i d. at *1, *56, *1314. Vaccination against rabies is an increasingly common practice for TNR programs in the U.S. 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. 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. Detailed Discussion of Feral Cat Legal Issues. Officers are only allowed to enter without doing so in limited, emergency situations. They may be able to help assist you in . Dec. 14, 2001) . All rights reserved. ; Turick, S.L. This article addresses three primary legal questions. The court went on to reject two alternative theories of negligence proffered by the plaintiff. An SNR program - Spay, Neuter, Release - is also a good way to reduce the numbers of feral cats in a given area. At least one other state, however, has taken a different approach. Feral cat virus infection prevalence, survival, population density, and multi-scale habitat use in an exurban landscape. You: What happens if I say no? 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). C. G. S. A. You can find our guide for Best Practices: Community Cat Colony Care.. Similarly, some states classify feral cat caretakers as owners and further require owners to spay and neuter their pets or immunize them against rabies. Community cat is the term we use for domestic cats who live outdoors and have no indication of having an owner. Roaming cats fall in this category. Id. ; Melli, A.C.; Carpenter, T.E. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. RI ST 4-22-2 . 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. 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. 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. Influence of Care of Domestic Carnivores on Their Predation on Vertebrates. The answers to these questions can vary widely depending on where the individual lives. Journal of the American Veterinary Medical Association 1996, 209, 20162020. The trial court granted summary judgment for the defendants, but the appellate court rejected the trial courts analysis of the plaintiffs nuisance claim. H028774, 2007 WL 495897 (Cal. 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. They cant search your property, stop and question you, or cite you without a reason. Feb. 16, 2007) . at 96667. Types of wildlife killed by cats typically include small mammals (60-70%), birds (20-30%), and amphibians, reptiles, and insects (10%). C. 8217 . In addition to not providing resources that make it easier for people to meet this requirement, mandatory spay/neuter does not help community cats because they have no owner. Get the name and badge number of the officer. Restatement (Third) of Torts: Physical and Emotional Harm. A valid warrant will contain the address, date (within 14 days), and a judges signature. Kyles v. Great Oaks Interests , No. Alley Cat Allies has protected and improved the lives of cats for 32 years. 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. As researchers noted in a 1996 article published in the Journal of the American Veterinary Medical Association, these programs not only address the overpopulation issue by preventing new litters, but also serve to reduce roaming, spraying of urine, and fighting among the cats [1]. 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. Third, the article discusses the ways in which feral cat keepers or caretakers may be exposed to criminal liability for abandonment, neglect, or failure to comply with state or local animal ownership requirements. ; Johnson, K.L. Implementation of a Feral Cat Management Program on a University Campus. However, caregivers often consent to these requests because they dont know they have the option to say no.. 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. White-tailed deer are protected under the Illinois Wildlife Code as a game species. Journal of Applied Animal Welfare Science 2002, 5, 1528. 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. ; Smith, R.E. Ct. Mar. (See If the officer asks to search your property). 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. Code 14-8-2-87 (2009 ); Wild Mammals, Defined, Neb. 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. 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. 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. See, e.g. See id. 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. Div., 1985) (stating that keepers of wild animals are strictly liable). Morin, D.J. 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. Keep all veterinary medical record files with vaccinations, spay/neuter certificates, etc., where they are easily accessible. Try seeing if there are any feral cat rescue groups in your area that do trap, neuter, release and colony care. A statute conferring certain rights and responsibilities was not enough; the court would not find the existence of a general duty unless such a duty was explicitly defined by the law. ; Zhou, T.; Ruan, S. Analysis of Rabies in China: Transmission Dynamics and Control. Id. Based on . Animal Control: Im responding to a complaint, I do not need your consent. The officer then proceeds to enter your house or yard. Some areas have laws restricting what activities are allowed on public property, so check your local ordinances to learn more. 2, 2007) (pdf file - 628.01 KB). First, feral cats are members of the same species as domestic cats. Toxoplasmosis, a disease carried by cats, can also kill birds and critically endangered Hawaiian monk seals. 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. It was a really sad case, and my client was heartbroken at the loss of her cat. . If you feed the cats on your own private property, you do not have to allow animal control onto the property without a warrant. "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 As long as you are shooting feral cats on your own property, it is not illegal to shoot a cat. 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. 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. 5/2.16 . But these issues can typically be addressed with guidance from trap-neuter-return (TNR) groups or animal shelter staff. You: Id like to speak with my attorney before I answer any questions. Or Id like to remain silent.. You: Do you think I am violating any laws? 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. Donate. ; Nielsen, C.K. Id. Hughes, K.L. 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. $35 $50. Stop. Use tab to navigate through the menu items. 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). You: I do not give you my consent to search my property.. Generally, the state laws that do address these issues do not create substantive guidelines. The policy rationale supporting strict liability is that a wild animal is so inherently dangerous that the burden should be on the owner, who made a conscious decision to possess the animal, to control the animal at all times. ; Etheridge, D.L. 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. Summary. In general, though, these state laws are strictly definitional. 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-. The Baker court concluded its opinion, however, by raising an important concern about the balance between animal protection statutes and private property rights. However, on . In places where keepers or caretakers of feral cats are considered "owners," it is quite possible that a feral cat caretaker could be held responsible for damage caused by feral cats. Feral cats are included in many anti-cruelty laws but may be specifically excluded in certain provisions. This will help you determine if the officer is trying to pursue a charge against you or just looking for information or clarification. 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. 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. It's also definitely illegal to poison them. And a feral cat, generally speaking, is less likely to be tame than a domestic housecat. This may reflect the legislature's intent to solve the problem of discouraging good Samaritans. Further, feral cat caretakers in these jurisdictions may have a difficult time protecting feral cat colonies from animal control agencies and the actions of private citizens. Feral cats are among the most prolific predators of numerous near-extinct native forest birds. Excess food can sometimes accumulate, attracting wildlife, for example, and empty food containers, paper plates, and other items can easily become an eyesore. As discussed above, feral cats do not fit neatly within the common law of animal ownership. Therefore, feral cats do not quite fit within the common understanding of domestic cat ownership. IDNR Deer Removal Guidelines (PDF) In rural areas, deer hunting is permitted in season. 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. 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? Id like to look around. ; Sieving, K.E. These laws should apply to all cats, not just owned, family animals. . ; Kays, R.; OConnell, A.F. 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. 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. And by reducing a communitys feral cat numbers, TNR can also reduce nuisance complaints and potential impacts to public health, wildlife, and the environment. Journal of the American Veterinary Medical Association 1993, 203, 449452. If you are charged with a crime, consult an attorney right away. You cannot trap a cat and then shoot it if the cat is trapped on your property. 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. Alley Cat Allies has protected and improved the lives of cats for 32 years. Under Virginia law, local governments may . As researchers noted in a 1996 article published in the, Reason 2: potential impacts to public health, wildlife, and the environment, By reducing the population of free-roaming cats, TNR programs protect humans from zoonotic diseases that can be spread by domestic cats (e.g., rabies, plague, etc.). (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 . M.S., Arkansas Tech University: Ann Arbor, 2014. Free-ranging domestic cats (Felis catus) on public lands: estimating density, activity, and diet in the Florida Keys. Do some research to find out about your local animal control. Zaunbrecher, K.I. Take careful notes of what the officer does and what is said while the search occurs. Mahlow, J.C.; Slater, M.R. Christman-Resch v. City of Akron , 825 N.E.2d 189, 676 n.1, 686 (Ohio Ct. App. Say that youd like to remain silent, and consult an attorney right away to determine if an animal control officer is violating your rights. 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]. 2, 2007) (pdf file - 628.01 KB). Animal Control: Youll receive a citation. Some animal control officers have the power to arrest or issue citations, some do not. 2005) . The statute explicitly includes feral cats in its definition of companion animal. Va. Code Ann. 2023 Michigan State University College of Law. Code 14-8-2-87 (2009. Any one of these officials might at some point take an interest in outdoor cats. The shape of animal control duties differs from community to community. Itll just take a minute.. May keepers and caretakers be held civilly liable for the actions of feral cats in their care? 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. These findings led the researchers to conclude that efforts should be intensified to sterilize cats living in close proximity to homes, rather than less accessible colonies [15]. You are not required to give your consent to search. It may be legal when protecting your property, such as feral cats engaged in the taking of your livestock or even pets. In contrast, keepers and caretakers usually care for feral cats where they find them, exercising a limited degree of control over the animals. These cats damaged the plaintiffs home, destroying insulation, a vapor barrier, and duct work. 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. 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. 3907 . 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. But, you can only shoot feral cats if they are in your yard. Keepers and caretakers provide a valuable service, and the law should not discourage these individuals from caring for animals in need. Always be polite but firm when speaking to an animal control representative. 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). You: What happens if I say no? For community cats, the inclusion or omission of just a few words in these laws can be the difference between life and death. Some definitions are so broad that they can be interpreted as including community cat caregiverswho we know, of course, do not own community cats. Animal control officers may be employees of the city or work as contractors. Alley Cat Allies is a 501(c)3 organization. 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. No, it's not legal to kill cats in CA. The trial court granted summary judgment for the defendants, but the appellate court rejected the trial courts analysis of the plaintiffs nuisance claim. Id. These important distinctions would explain why some states have specifically excluded feral cats from their statutory definitions of exotic or wild animals. The answer to this question is likely to depend on the degree of control that the individual exercises over the cats. Scientists are calling for a widespread cull of feral cats and dogs, pigs, goats, and rats and mice to save the endangered species they prey upon. 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. Avoid feeding your own pets outdoors and cover trash scraps securely to deny unwelcome cats an easy meal. Finally, the court dismissed the plaintiff's trespass claim for lack of evidence.