Is she subject to other ownership requirements, such as ordinances requiring registration or sterilization? 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. 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. 29D05-0605-SC-1055 (Ind. Alachua County, Florida: A two-year University of Florida study, reported in The Veterinary Journal, documented a 66% decrease in shelter intake of cats from a target zip code in Alachua County, Florida, as compared to a 12% decrease from the rest of the county. You: Do you think I am violating any laws? ; Nielsen, C.K. 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. The Veterinary Journal 2014, 201, 269274. Excess food can sometimes accumulate, attracting wildlife, for example, and empty food containers, paper plates, and other items can easily become an eyesore. 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. 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. All rights reserved. An SNR program - Spay, Neuter, Release - is also a good way to reduce the numbers of feral cats in a given area. Summary. 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. 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]. 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). 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 ). Detailed Discussion of Feral Cat Legal Issues. ; Mazet, J.A.K. It is the foundation for FWC staff to interact with affected parties and develop science-based, humane solutions . Alley Cat Allies has protected and improved the lives of cats for 32 years. Rhode Island then allows local governments to implement permitting requirements for feral cat caretakers. Therefore, a ban on shooting domestic cats is also a ban on shooting feral cats. 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. Politely tell the officer that you do not consent to a search. Feral and Free Ranging Cats on IDNR Owned or Managed Properties This ordinance clearly outlined the rights and duties of feral cat caretakers, giving the judge a legal basis for deciding whether the defendant was liable for damage to the plaintiff's property. You: I do not give my consent to search my property. 964 (Fall 2008) . The fact that classifying feral cats as wild animals would expose feral cat caretakers to strict liability would probably make a court less likely to find a feral cat to be a wild animal. ; Melli, A.C.; Carpenter, T.E. Animal Control: Weve had complaints about cats that you feed. These cats are regulated in a few different states and outright banned in some cities. 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. And most communities have provisions in their municipal codes to address such situations if they persist. Outdoor cats FAQ | The Humane Society of the United States Some areas have laws restricting what activities are allowed on public property, so check your local ordinances to learn more. Div., 1985) (stating that keepers of wild animals are strictly liable). Could they be exposed to criminal liability for abandonment, neglect, or failure to comply with registration or spay/neuter requirements? Current issues in the control of stray and feral cats. The court went on to reject two alternative theories of negligence proffered by the plaintiff. Alley Cat Allies is a 501(c)3 organization. Studies on food habits of free-ranging cats show that some individuals kill more than 100 wild animals each year. 2020National Feline Research Council | Contact Us | Privacy Policy. at 2. Are stray or feral cats dangerous to humans and public health? 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. What does it mean to own a feral cat? Is It Legal to Shoot Feral Cats - The Masterpiece Collection Journal of the American Veterinary Medical Association 1993, 203, 449452. IDNR Deer Removal Guidelines (PDF) In rural areas, deer hunting is permitted in season. 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. 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. Reducing Feral Cat Threats To Native Wildlife In Hawaii; University of Hawaii at Hilo Pacific Aquaculture and Coastal Resources Center: Hilo, HI, 2008. Feral ferret can be trapped, no bag limit or closed season. 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 . "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 This may reflect the legislature's intent to solve the problem of discouraging good Samaritans. ; Turick, S.L. 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. 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. 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. 2023 Alley Cat Allies. 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. As discussed below, this diminished level of control makes it difficult to determine how feral cat ownership should be determined in common law jurisdictions. Researchers investigating the effectiveness of TNR programs have documented reductions in nuisance complaints. Will she consider the possible rights and responsibilities that might arise from her caretaking? /* Content Template: Content template for Resources - end */ 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. Only in emergency situations (called exigent circumstances) may an officer search your property without a warrant. Implementation of a Feral Cat Management Program on a University Campus. So while feral cats are part of a domesticated species, it is possible that a court might find that specific feral cats qualify as wild animals, which would subject their owners and keepers to different requirements than owners and keepers of domestic cats. 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. Get the latest cat news, information, and ways to take action and save cats' lives! 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. Center (2006)) . Fiori v. Conway Org. A relinquishment of all rights to any animals on your property. Take note of what the warrant says, and where it permits the officer to search. /* ----------------------------------------- */, 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. ; Gardner, B.; Simons, T.R. Remember to follow best practices when caring for community cats. The statute explicitly includes feral cats in its definition of companion animal. Va. Code Ann. Is it legal to kill feral cats in California? : r/legaladvice - Reddit Alley Cat Allies has protected and improved the lives of cats for 32 years. Although its somewhat counterintuitive, feeding free-roaming cats is a critical step in reducing their numbers through TNR. Feral cat feeding bans: The reasoning, risks, and results, Why communities consider bans on feeding feral cats, Cat feeding ban reason 1: nuisance complaints, Although counterintuitive, published research studies indicate that regular feeding of free-roaming cats as part of a targeted TNR effort can actually reduce nuisance complaints. Follow best practices for caregivers, and choose discreet locations for feeding stations and shelters. 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. ; Etheridge, D.L. 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. In contrast, keepers and caretakers usually care for feral cats where they find them, exercising a limited degree of control over the animals. On April 11, during a protest by feral cat advocates, two women were cited for the illegal take of an endangered or threatened species. 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. M2005-00414-COA-R3-CV, 2006 WL 2805141, at *6 (Tenn. Ct. App. Chang explained when nn eat cat food, it can make them sick and can even kill them. Unfortunately, the answers to these questions are unclear and depend heavily on the local law. /* Content Template: Content template for Resources - start */ ; Zhou, T.; Ruan, S. Analysis of Rabies in China: Transmission Dynamics and Control. 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. (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. Call local vet clinics and ask them for their "TNR" rates for sterilization. ; Elsevier Health Sciences, 2007. Are you allowed to kill feral cats? What You Can and Cannot Do cats kill an estimated minimum of 31.4 million small mammals and 7.8 million birds per year. Conservation Biology 2012, 25, 808815. In general, though, these state laws are strictly definitional. Although often well-meaning, mandatory spay/neuter does not increase the amount of spay/neuter taking place in a community. ; Johnson, K.L. The best way to protect yourself and your cats is by knowing your local laws. And by reducing a communitys feral cat numbers, TNR can also reduce nuisance complaints and potential impacts to public health, wildlife, and the environment. You want to have all the information so you can provide it to your attorney later. feeding and cat colonies are illegal. Guide to Local Government: Animal Control, Harmful Laws That Push Cats into Shelters, Know Your Rights: How to Talk to Animal Control. Their eradication on more than 100 islands could . Get the name and badge number of the officer. See generally 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. Officers cannot search beyond what the warrant allows. 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. There are three common reasons communities use when proposing a ban (or restrictions) on feeding free-roaming cats: (1) the cats are causing a nuisance to residents or business owners; (2) potential impacts to public health, wildlife, and the environment; and (3) the unowned cat population is . VanWormer, E.; Conrad, P.A. The first problem is the question of whether feral cats are wild or domestic animals. See David Favre & Murray Loring, Animal Law 2125 (1983) . Feeding as part of an effective community cat management strategy, Current issues in the control of stray and feral cats, Implementation of a Feral Cat Management Program on a University Campus, Neutering of feral cats as an alternative to eradication programs, The Effects of Implementing a Feral Cat Spay/Neuter Program in a Florida County Animal Control Service, Effect of high-impact targeted trap-neuter-return and adoption of community cats on cat intake to a shelter, Analysis of Rabies in China: Transmission Dynamics and Control, Influence of Care of Domestic Carnivores on Their Predation on Vertebrates, The truth about cats and dogs: Landscape composition and human occupation mediate the distribution and potential impact of non-native carnivores, Number of unowned free-roaming cats in a college community in the southern United States and characteristics of community residents who feed them, Attitudes toward and perceptions of free-roaming cats among individuals living in Ohio, , Source to Sea: Higher Contribution of Domestic Felids to Terrestrial Parasite Loading Despite Lower Infection Prevalence, Evaluation of animal control measures on pet demographics in Santa Clara County, California, 19932006, Analyzing approaches to feral cat managementone size does not fit all, Reducing Feral Cat Threats To Native Wildlife In Hawaii, The eradication of feral cats from Ascension Island and its subsequent recolonization by seabirds, 2020National Feline Research Council |.