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. Ratcliffe, N.; Bell, M.; Pelembe, T.; Boyle, D.; Benjamin, R.; White, R.; Godley, B.; Stevenson, J.; Sanders, S. The eradication of feral cats from Ascension Island and its subsequent recolonization by seabirds. RI ST 4-24-3 . 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]. Based on these unique risks, the court articulated a limited exception to the general rule that the negligence standard does not apply to injuries caused by domestic animals, holding that the store owner could be liable for failing to maintain safe premises for his customers. 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. 29D05-0605-SC-1055 (Ind. 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]. 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. You want to have all the information so you can provide it to your attorney later. An admission or denial of responsibility for the cats. cats kill an estimated minimum of 31.4 million small mammals and 7.8 million birds per year. /* ----------------------------------------- */ 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. This rationale is less persuasive when applied to feral cats for two reasons. Id. 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. Super. Id. Kyles v. Great Oaks Interests , No. 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. /* ----------------------------------------- */ They typically do not care where the feral cat spends most of its time, they rarely try to confine it, and their interaction is generally limited to providing the animal with food and water. 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. Do not interfere with or obstruct the police. Id. 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]. M2005-00414-COA-R3-CV, 2006 WL 2805141, at *6 (Tenn. Ct. App. Sept. 29, 2006) (holding that a domestic cat owner is not under a general duty to prevent property damage caused by the cat unless the damages were foreseeable). See, e.g. Alley Cat Allies has protected and improved the lives of cats for 32 years. Illinois General Assembly Home Page to what extent can a caretaker be liable for tort damages caused by feral cats? Ordinances often include sections on animal cruelty, ownership, at-large regulations, mandatory spay/neuter, and cat licensing. Use tab to navigate through the menu items. Normand, C.M. at 45; see also McElroy v. Carter , No. This is important because anything animal control can see may be used as cause to search or obtain a warrant. M.S., Arkansas Tech University: Ann Arbor, 2014. 3907 . Try seeing if there are any feral cat rescue groups in your area that do trap, neuter, release and colony care. Exotic cats often require far more work and planning than your average domestic cat. Animal Control: Im responding to a complaint, I do not need your consent. The officer then proceeds to enter your house or yard. PDF Impacts of Feral and Free-ranging Domestic Cats on Wildlife in Florida Even in common law jurisdictions, the scarcity of published judicial opinions makes it difficult to determine what a judge will decide in a particular case. She did not provide shelter or veterinary care, and she never relocated or confined the animals. You may exercise your right to remain silent like in the examples above. Since South Dakota state laws do not address feral cats, it is unclear whether they would be included. All rights reserved. Donate. 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. Licensing requirements are often a death sentence for community cats because they typically require that any cat not displaying a license tag be impounded. ; Haller, L. The Effects of Implementing a Feral Cat Spay/Neuter Program in a Florida County Animal Control Service. Some areas have laws restricting what activities are allowed on public property, so check your local ordinances to learn more. 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. 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. Under Virginia law, local governments may . Cats living in proximity to humans generally as a result of being fed are much easier to trap than those living in remote areas. 964, 97374 (Fall 2008) . 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. Alley Cat Allies is a 501(c)3 organization. You: Im not refusing to sign, but I would like to consult an attorney before I sign anything.. 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]. This case illustrates the careful balancing act involved in crafting a feral cat statute or ordinance. 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. Taking a feral cat in the wilds of Idaho would require a valid hunting license. ; Etheridge, D.L. Evaluation of animal control measures on pet demographics in Santa Clara County, California, 19932006. $35 $50. . 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. After registering with the municipality, the feral cat keeper must vaccinate and sterilize the cats in her care. You: Please excuse me, Id like to contact my attorney.. You: May I ask which ordinance thats under? 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. Many state and local governments have not directly addressed the issues of ownership and responsibility related to feral cats. 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. APPA 20152016 APPA National Pet Owners Survey; American Pet Products Association: Stamford, CT, 2017. 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]. 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. Local laws, such as local animal control ordinances, are part of a city and/or county code. As discussed above, the issue in Baker required the court to interpret a feral cat ordinance . You: Under what ordinance? Do some research to find out about your local animal control. 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. 3 Del. 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. Its understandable that feeding unowned, free-roaming cats might result in a legitimate nuisance complaint. 5/2.16 . These important distinctions would explain why some states have specifically excluded feral cats from their statutory definitions of exotic or wild animals. The trial court granted summary judgment for the defendants, but the appellate court rejected the trial courts analysis of the plaintiffs nuisance claim. Levy, J.K.; Woods, J.E. The statute further defines keepers as owners. Id. The reasoning in these cases could be applied to feral cat keepers in caretakers in jurisdictions that consider keepers and caretakers to be owners. Upon moving into the home, the family noticed that many domestic and feral cats were frequently coming onto their property, and the cats had been defecating and urinating in the plaintiffs yard. 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. 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 . "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. Cats and the Law: Finding and Understanding Your Laws Zaunbrecher, K.I. Those citations will require court appearances next. 2020National Feline Research Council | Contact Us | Privacy Policy. at 74850. Stop. 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. Effect of high-impact targeted trap-neuter-return and adoption of community cats on cat intake to a shelter. The court noted that the plaintiff could have prevented mostif not allof the damage caused by the feral cats if the plaintiff had simply been notified of the colony's presence in the neighborhood. Animal Control: Dont worry, weve got a warrant. This will help you determine if the officer is trying to pursue a charge against you or just looking for information or clarification. More likely, the officer is just making a request. 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. Remember to follow best practices when caring for community cats. Under this system, a person who feeds feral cats outside of her office building every morning might not be subjected to liability at all, whereas a person who provides shelter, food, water, and veterinary services for a group of feral cats would be more likely to be liable for the actions of those animals. This site is not a law firm and cannot offer legal advice. Examples from various locations outlined below: University campus: On the Texas A&M campus, researchers documented the removal of more than one-third of the free-roaming cats for adoption following the implementation of a TNR program. ; Miller, M.A. This site is maintained for the Illinois General Assembly St. 37-246 (2008). Therefore, feral cats do not quite fit within the common understanding of domestic cat ownership. The Veterinary Journal 2014, 201, 269274. 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. 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. 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. Animal Control: "We have a search warrant for this home." You: Domestic cats are a significant source of mortality for wildlife.
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