Get the name and badge number of the officer. You: May I see a search warrant? ; Weng, H.-Y. ; Gardner, B.; Simons, T.R. 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. Since South Dakota state laws do not address feral cats, it is unclear whether they would be included. Rather, they typically authorize local governments to enact their own ordinances. Baker v. Middleton , C.A. 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. If you are not comfortable answering questions, exercise your constitutional rights by politely telling the officer that youd like to remain silent, and then do so. 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 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. Some definitions are so broad that they can be interpreted as including community cat caregiverswho we know, of course, do not own community cats. Given the status of feral cats as companion animals, anyone who provides food, water, or shelter to a feral cat would almost certainly fall under Virginias definition of an owner.. at *14. However, on . 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. 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. Stoskopf, M.K. Morin, D.J. 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 . /* Content Template: Content template for Resources - end */ The first problem is the question of whether feral cats are wild or domestic animals. ; Slater, M.R. Animal Control: Im responding to a complaint, I do not need your consent. The officer then proceeds to enter your house or yard. (Remember: Your animal control officer may not be familiar with Trap-Neuter-Return.). 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. You: May I ask which ordinance thats under? 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. The trial court granted summary judgment for the defendants, but the appellate court rejected the trial courts analysis of the plaintiffs nuisance claim. It was a really sad case, and my client was heartbroken at the loss of her cat. 3 Del. 2023 Michigan State University College of Law. 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. Is it legal for a neighbor to trap and kill my pet cat? Would it be They cant search your property, stop and question you, or cite you without a reason. Studied at California State University, Stanislaus 2 y. 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. Restrictions or outright bans on feeding stray or feral cats are typically proposed in response to complaints about the presence of unowned, free-roaming cats. Animal control officers may be employees of the city or work as contractors. Epidemiology, Biostatistics, and Preventive Medicine; 3rd ed. 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. feeding and cat colonies are illegal. Further, the statute provides that any refusal to permit any animal control officer to impound such cat shall be deemed evidence of ownership . U.S. Faces Growing Feral Cat Problem - National Geographic 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. More likely, the officer is just making a request. Note: Pay special attention to the definition of owner in your local laws. You: What happens if I say no? It is possible, then, that individuals who care for feral cats in these jurisdictions would not be required to comply with any of the requirements imposed on animal owners, nor would they be liable for any damages caused by the animals behavior. This may reflect the legislatures intent to solve the problem of discouraging good Samaritans. 964 (Fall 2008) . What to do with feral cats: Examining TNR for population management, Wildlife impacts of free-roaming cats: Estimates vs. evidence. M.S., Arkansas Tech University: Ann Arbor, 2014. 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. What does it mean to own a feral cat? 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. Animal Control: "It's illegal to feed cats here. Rev. If she moves to a new neighborhood, might she be held criminally liable for abandoning the cat she once cared for? Summary. You could try other methods to deter the cats from your yard, like motion activated sprinklers or coyote urine. You may exercise your right to remain silent like in the examples above. Under Virginia law, local governments may . However, at least two sources, the Baylor Law Review article and Baker ,indicate that courts and juries may be unwilling to afford protection to feral cats or assign responsibilities to their caretakers when those rights and responsibilities have not been explicitly outlined by a statute or local ordinance. How to Get Rid of Stray Cats - The Spruce 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. 510 ILCS 5/2.11b. 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]. Christman-Resch v. City of Akron , 825 N.E.2d 189, 676 n.1, 686 (Ohio Ct. App. 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. A valid warrant will contain the address, date (within 14 days), and a judges signature. , No. Under Virginia law, local governments may prohibit any person other than a releasing agency that has registered as such annually with local animal control from owning a cat four months old or older within such locality unless such cat is licensed as provided by this article. Va. Code Ann. 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. As discussed above, feral cats do not fit neatly within the common law of animal ownership. Their behavior can range from fearful and wary of people to friendly and open to human interaction. 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. And the fact is that you can not tell the difference between a wild cat and a domestic cat. But.proceed if you'd like to face jail time and up to $20,000 fine. Therefore, a notice requirement like that suggested by the Baker court would have to be drafted carefully to avoid creating a significant burden on potential feral cat caretakers. The statute further defines keepers as owners. Id. /* ----------------------------------------- */, 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. Rhode Island then allows local governments to implement permitting requirements for feral cat caretakers. 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. 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. Will she consider the possible rights and responsibilities that might arise from her caretaking? The caretaker in that case merely fed and watered the cats. H028774, 2007 WL 495897 (Cal. 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. Chang explained when nn eat cat food, it can make them sick and can even kill them. Stop. 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. Feb. 16, 2007) . Find more information on microchipping at. Help us continue our work for cats: Join our online community and become part of the movement to save cats lives! 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. 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. In general, though, these state laws are strictly definitional. Should cats be culled to stop extinctions? - BBC News Local Laws & Ordinances for Roaming Cats Near You - Alley Cat Allies Call your city government or find our Guide to Local Government.. Laws affecting Trap-Neuter-Return and outdoor cats are different in every city and state. 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. Rev. All rights reserved. If a cat shows no signs of having an owner, or the person didnt know it had an owner, then it can still be killed, feral or not. If you are violating another ordinance, the officer may be trying to bargain with you. 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. Can I Legally Kill a Cat on My Property? - FindLaw 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. 5/2.16 . 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. 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. 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. But these issues can typically be addressed with guidance from trap-neuter-return (TNR) groups or animal shelter staff. Always be polite but firm when speaking to an animal control representative. Arguably, the Texas statute already protected feral cats, since it protected domesticated animals. However, the failure to explicitly include feral animals in the definition of domesticated animals apparently compelled an interpretationat least in the minds of many jurors and legislatorsthat those animals were excluded from the law's protection. 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. Similarly, some states classify feral cat caretakers as owners and further require owners to spay and neuter their pets or immunize them against rabies. 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. Current issues in the control of stray and feral cats. alleycat.org/Licensing 2023 Alley Cat Allies. See David Favre & Murray Loring, Animal Law 7 (1983); see also Eyrich v. Earl , 495 A.2d 1375, 1377 (N.J.Super. 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. It's also definitely illegal to poison them. Feral cat feeding bans: The reasoning, risks, and results - NFRC 22-339d . The following fact sheet provides you with information on your rights. Politely ask the animal control officer what specific ordinance requires you to trap the cats. All rights reserved. EcoHealth 2013, 113. 2, 2007) (pdf file - 628.01 KB). Alley Cat Allies has protected and improved the lives of cats for 32 years. The trial court granted summary judgment for the defendants, but the appellate court rejected the trial courts analysis of the plaintiffs nuisance claim. 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]. 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.