Reducing Feral Cat Threats To Native Wildlife In Hawaii; University of Hawaii at Hilo Pacific Aquaculture and Coastal Resources Center: Hilo, HI, 2008. Thus, feral cat caretakers could be subjected to the same fines and citations as other animal owners if they fail to comply with these laws. 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. 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: Weve had complaints about cats that you feed. Laws affecting Trap-Neuter-Return and outdoor cats are different in every city and state. Exotic cats often require far more work and planning than your average domestic cat. Often known as leash laws, these regulations prohibit cats from being loose in the community. Kyles v. Great Oaks Interests , No. Regular feeding of free-roaming cats is also known (by TNR group volunteers and other community cat caretakers) to make trapping these cats for sterilization/vaccination significantly easier. However, caregivers often consent to these requests because they dont know they have the option to say no.. Do some research to find out about your local animal control. 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. Finally, the court dismissed the plaintiff's trespass claim for lack of evidence. The answer to this question is likely to depend on the degree of control that the individual exercises over the cats. (For further discussion of general issues pertaining to feral cats and feral cat colonies, see Anthony B. Lacroix, Feral Cats , Animal Legal & Hist. Id. 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. Animal Control: We received a complaint about cats in the neighborhood. Id. (Remember: Your animal control officer may not be familiar with Trap-Neuter-Return.). Id. 7 M.R.S.A. . Hughes, K.L. 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. Journal of Applied Animal Welfare Science 2002, 5, 285298. Global Ecology and Conservation 2018, 15, e00413. 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. RI ST 4-24-3 . 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. ; Schauber, E.M. Journal of Applied Animal Welfare Science 2002, 5, 1528. As discussed above, feral cats do not fit neatly within the common law of animal ownership. Are stray or feral cats dangerous to humans and public health? Toxoplasma gondii, Source to Sea: Higher Contribution of Domestic Felids to Terrestrial Parasite Loading Despite Lower Infection Prevalence. St. 37-246 (2008). 2023 Alley Cat Allies. at 2. This interpretation of the law may be further supported, however, by the fact that state and local governments found it necessary to enact feral cat legislation in the first place. Hess, S.C.; Hansen, H.; Banko, P.C. Connecticut allows municipalities to require feral cat keepers to register with the local animal control officer. See id. The county animal welfare officer, who has 20 years of experience, said, "It`s legal to kill feral cats in Wisconsin Is she right? Roaming cats fall in this category. A valid warrant will contain the address, date (within 14 days), and a judges signature. 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. 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. Local ordinances that protect community cats differentiate between owners and caretakers, and they recognize that community cat caretakers are Good Samaritans using their own time and money to care for community cats. 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. Community cat is the term we use for domestic cats who live outdoors and have no indication of having an owner. 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. And since multiple surveys have shown that feeding stray cats is a common activity (1026%, depending on the survey) across the U.S., its reasonable to conclude that many free-roaming cats rely largely on food provided by humans and therefore pose less of a threat to wildlife than they otherwise might [5,9,11,12,13]. The cats also urinated and defecated in the crawl space of the home. 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. ; Gardner, B.; Simons, T.R. ; Zhou, T.; Ruan, S. Analysis of Rabies in China: Transmission Dynamics and Control. 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. . You arent required to tell an animal control officer when and where you feed cats. If you are violating another ordinance, the officer may be trying to bargain with you. If you feed cats on public property, people might see what you are doing. It is extremely rare that a caregiver is required by law to trap cats. . 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 . 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 policies. And a study in the Florida Keys reported that more than 81% of the free-roaming cats tested consumed mostly anthropogenic foods [9], and cats living farther away from human settlements (e.g., more than 1.9 miles) were more likely to prey on wildlife. Influence of Care of Domestic Carnivores on Their Predation on Vertebrates. Effect of high-impact targeted trap-neuter-return and adoption of community cats on cat intake to a shelter. First, the article discusses issues related to ownership of and responsibility for feral cats, analyzing the treatment of ownership and responsibility under both feral cat statutes and common law. However, according to the research outlined above, such policies are likely to be ineffective. Officers are only allowed to enter without doing so in limited, emergency situations. 29D05-0605-SC-1055 (Ind. EcoHealth 2013, 113. 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. ; Nutter, F.B. Detailed Discussion of Feral Cat Legal Issues. 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. 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 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. Restatement (Third) of Torts: Physical and Emotional Harm. Alley Cat Allies has protected and improved the lives of cats for 32 years. What does it mean to own a feral cat? Code 14-8-2-87 (2009 ); Wild Mammals, Defined, Neb. But, you can only shoot feral cats if they are in your yard. Impacts on Wildlife. 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). leaving pet dogs or cats for a long period of . Local authorities, often in the form of an animal control agency are charged with enforcing laws related to the control and impoundment of animalsincluding laws that may affect the feeding, spaying and neutering, and care of outdoor cats. It is legal to kill feral cats in ALL 50 states, even CA. Guide to Local Government: Animal Control, Harmful Laws That Push Cats into Shelters, Know Your Rights: How to Talk to Animal Control. Post No Trespassing signs in your front yard and other areas you seek to keep private. Their behavior can range from fearful and wary of people to friendly and open to human interaction. 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. Some areas have laws restricting what activities are allowed on public property, so check your local ordinances to learn more. 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. However, it is possible that individual members of a domestic species could be considered wild if those individual animals have not been domesticated. Complete removal of feral cats could be employed on small, isolated areas or islands in Florida. Say that youd like to consult an attorney before signing anything. The court went on to reject two alternative theories of negligence proffered by the plaintiff. 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. Generally, legislatures pass laws to correct perceived deficiencies in existing law, particularly when there is no indication that the new legislation is intended to codify the current common law rule. ; Mazet, J.A.K. See David Favre & Murray Loring, Animal Law 2125 (1983) . Do not interfere with or obstruct the police. Center (2006)) . Cove, M.V. Levy, J.K.; Isaza, N.M.; Scott, K.C. , No. cats kill an estimated minimum of 31.4 million small mammals and 7.8 million birds per year. 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. This will help you determine if the officer is trying to pursue a charge against you or just looking for information or clarification. A further problem is the relatively limited degree of control exercised by the defendant in Baker . 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. by the. Remove Food Sources. 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. 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. /* ----------------------------------------- */ C. G. S. A. Ct. App. Penal Code 42.092 , 60 Baylor L. Rev. Officers cannot search beyond what the warrant allows. The court went on to reject two alternative theories of negligence proffered by the plaintiff. Animal Control: Id like to search the property. 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. Remember to follow best practices when caring for community cats. 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.). /* ----------------------------------------- */ 510 I.L.C.S. /* ----------------------------------------- */, 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. Although feral cats do not necessarily fit within the common understanding of domestic animal ownership either, the ordinary liability imposed on domestic animal owners does not present the significant policy problems raised by strict liability. See David Favre & Murray Loring, Animal Law 7 (1983); see also Eyrich v. Earl , 495 A.2d 1375, 1377 (N.J.Super. Alley Cat Allies is a 501(c)3 organization. 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. The reduction in intake was most likely due to several factors, including a decrease in kitten births via neutering, decreased nuisance behavior associated with breeding and territorial defense, and creation of alternatives to impoundment [5]. . This would expose keepers and caretakers to liability for the actions of feral cats, but it is plausible that a court would limit the liability of those keepers and caretakers to reflect the more limited degree of control that they exercise over the cats. 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 shall be no liability on such person in damages or otherwise for killing, injuring from an attempt to kill, or for seizing the dog. H028774, 2007 WL 495897 (Cal. 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. Keepers and caretakers provide a valuable service, and the law should not discourage these individuals from caring for animals in need. /* Content Template: Content template for Resources - start */ There's plenty of TNR (Trap-Neuter-Release) programs for Feral Cats in Michigan. 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. The best way to find out is to check with your local animal control agency or wildlife department. This site is maintained for the Illinois General Assembly 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. 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. The plaintiff argued that a town ordinance and a county ordinance independently imposed a duty on the defendant to control the cats and prevent them from damaging the plaintiff's property. On April 11, during a protest by feral cat advocates, two women were cited for the illegal take of an endangered or threatened species. Always be considerate of the area, and inconspicuous in your actions. Id . Biological Invasions 2018, 20, 333344. ; Smith, R.E. 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. 3907 . You: Im not refusing to sign, but I would like to consult an attorney before I sign anything.. Stop. 2005) . 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. Similarly, some states classify feral cat caretakers as owners and further require owners to spay and neuter their pets or immunize them against rabies. She is unlikely to provide shelter or regular veterinary care, and she would presumably be less likely to assert ownership over the cat or try to keep it from straying. Find more information on microchipping at. 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. Similarly, Delaware defines a keeper of a stray cat as any person who has possession of or control over the animal and has fed the cat for three or more consecutive days. In the US, the debate about free-roaming cats has been raging for years. As discussed above, this varying degree of control over feral cats is why common law jurisdictions are likely to determine liability based on the amount of control that a particular keeper or caretaker has exercised. Id. Determining when a feral cat caretaker may be criminally liable is a complex issue that has not been extensively addressed. Ask, What happens if I say no?. 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 . Information maintained by the Legislative Reference Bureau, Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Feb. 16, 2007) . 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. Virginias comprehensive animal statute is a clear illustration of how a caretaker might be exposed to criminal liability for failure to comply with registration and spay/neuter requirements. at *14. 2, 2007) (pdf file - 628.01 KB). According to one source, the law in Texas prohibiting cruelty to animals did not specifically protect feral cats until 2007. In Baker , the defendant fed and watered four cats that lived in the neighborhood. The caretaker in that case merely fed and watered the cats. Animal Control: You will receive a citation. at 97374, 966. Super. On Ascension Island, for example, 298 trap-nights resulted in the capture of just three feral cats [19]. Even hybrids require quite a bit of time from their . at 74850. Stoskopf, M.K. As discussed below, some individuals may be disinclined to care for feral cats if they believe that doing so may expose them to civil or criminal liability. Conservation Biology 2012, 25, 808815. In Fiori , a customer sued a store owner after the customer was attacked by a cat that had taken up residence in the store and was being fed by store employees. PLoS ONE 2011, 6, e20891. Ideally, more state and local legislatures should begin to address this complex and convoluted area of law. The Baker court concluded its opinion, however, by raising an important concern about the balance between animal protection statutes and private property rights. The court noted that there was evidence presented to the trial court that the defendants had caused a large number of cats to be attracted to the area and frequent Plaintiffs backyard, thereby interfering with the plaintiffs use and enjoyment of their property. This is important because anything animal control can see may be used as cause to search or obtain a warrant. 2, 2007) (pdf file - 628.01 KB). 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. 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. 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. Prohibit feeding of stray cats in public lands that serve as wildlife habitat. Animal control officers may be employees of the city or work as contractors. Animal Control: We have a search warrant for this home. Rev. 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). The foregoing is for general information purposes and does not establish an attorney-client relationship. Step outside, close the door behind you, and politely ask the officer if you can read the search warrant. Keep grills and barbecue pits clean to avoid enticing smells. Summary. Their eradication on more than 100 islands could . At common law, the answer to this question is unclear. Zhang, J.; Jin, Z.; Sun, G.-Q. And the fact is that you can not tell the difference between a wild cat and a domestic cat. You: May I see a search warrant? Many local laws are punitive. First, feral cats are members of the same species as domestic cats. This case illustrates the careful balancing act involved in crafting a feral cat statute or ordinance. Three years later, nocturnal vocalizing had been greatly reduced and was not detected by the authors at any time during the three-year census [3]. 510 I.L.C.S. 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. McElroy v. Carter , No. 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. Feral cat virus infection prevalence, survival, population density, and multi-scale habitat use in an exurban landscape. This may reflect the legislature's intent to solve the problem of discouraging good Samaritans. /* Content Template: Content template for Resources - end */ 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. You: May I ask which ordinance thats under? This may reflect the legislatures intent to solve the problem of discouraging good Samaritans. Thus, when a statute or local ordinance explicitly defines the role and responsibility of a feral cat keeper or caretaker, it is important to look closely at the statute, ordinance, and any relevant case law to fully understand the risks, rights, and responsibilities associated with caring for feral cats. Toxoplasmosis, a disease carried by cats, can also kill birds and critically endangered Hawaiian monk seals. This rationale is less persuasive when applied to feral cats for two reasons. Yowling and spraying can also become a problem where multiple cats congregate. A relinquishment of all rights to any animals on your property. An admission or denial of responsibility for the cats. The question, then, is what will a court in a common law jurisdiction do when faced with a feral cat keeper or caretaker who has exhibited greater evidence of ownership than the defendant in Baker ? 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. 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. Do not touch or threaten officers or neighbors. The trial court granted summary judgment for the defendants, but the appellate court rejected the trial courts analysis of the plaintiffs nuisance claim. It's going to be cheaper (and more humane) for you to have them sterilized. Could they be exposed to criminal liability for abandonment, neglect, or failure to comply with registration or spay/neuter requirements? In contrast, keepers and caretakers usually care for feral cats where they find them, exercising a limited degree of control over the animals. ; Nielsen, C.K. Help us continue our work for cats: Join our online community and become part of the movement to save cats lives! Donate. Hughes, K.L. Although their research methods did not allow them to evaluate the programs impact on the population of campus cats two years later, researchers noted that, based on the decrease in the number of complaints those [cats] who remain are less of a nuisance than previously they were [2]. Journal of the American Veterinary Medical Association 2003, 223, 202205. But.proceed if you'd like to face jail time and up to $20,000 fine. Similarly, Delaware defines a keeper of a stray cat as any person who has possession of or control over the animal and has fed the cat for three or more consecutive days. Journal of the American Veterinary Medical Association 1996, 209, 20162020. 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. You: Could I see the warrant, please? 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]. Animal Control: "It's illegal to feed cats here. It's also definitely illegal to poison them. It is, in fact, illegal in a number of states for that reason, and that it spreads disease. 3.2-6587(A)(2 ). Animal Control: Im responding to a complaint, I do not need your consent. The officer then proceeds to enter your house or yard. Make sure to keep your attorneys phone number and name handy. RI ST 4-22-2 . Or, politely request to speak to your attorney first. Some animal control officers have the power to arrest or issue citations, some do not. 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. 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. 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. Some are licensed to carry firearms, some are not. The plaintiff argued that the store owner was liable under a common law negligence theory for breaching his duty to provide a safe environment for customers.
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