However, caregivers often consent to these requests because they dont know they have the option to say no.. 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. Sign this form so we can trap them. Summary. 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. 2020National Feline Research Council | Contact Us | Privacy Policy. David Favre & Murray Loring, Animal Law 8 (1983). 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. Alley Cat Allies is a 501(c)3 organization. See David Favre & Murray Loring, Animal Law 2125 (1983) . Domestic cats are a significant source of mortality for wildlife. Such findings correspond well with those indicating that free-roaming cats are more likely to be found in close proximity to humans. Researchers investigating the effectiveness of TNR programs have documented reductions in nuisance complaints. Zaunbrecher, K.I. Feral domestic cats would almost certainly not be considered wild animals, since domestic cats have, by definition, been generally domesticated and are generally unlikely to cause personal injury. 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. Only thirteen states and the District of Columbia have enacted statutes that mention feral cats, and none of those statutes directly address liability. . This policy does not call for the FWC to kill cats, nor does it outlaw the practice of Trap-Neuter-Release. Alley Cat Allies has protected and improved the lives of cats for 32 years. Trap them and bring them to the shelter. Remember to follow best practices when caring for community cats. at 10. . M2005-00414-COA-R3-CV, 2006 WL 2805141, at *6 (Tenn. Ct. App. The killing of feral cats is so much more than a simple legal question and answer. It is important to note, however, that very few cases have addressed the issue of civil liability for feral cat keeping or caretaking. 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. In doing so, you may violate other laws that will get you into trouble and prevent you from legally protecting cats. 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. at 26. 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. Feb. 16, 2007). Kyles v. Great Oaks Interests , No. Try seeing if there are any feral cat rescue groups in your area that do trap, neuter, release and colony care. Baker v. Middleton , C.A. IDNR Deer Removal Guidelines (PDF) In rural areas, deer hunting is permitted in season. Complete removal of feral cats could be employed on small, isolated areas or islands in Florida. Second, the article addresses the question of whether feral cat keepers or caretakers can be held civilly liable for the actions of feral cats. You can find tips by referring to our factsheet How to Find Laws that Relate to Cats.. Dec. 14, 2001) . In jurisdictions where feral cat keepers or caretakers are considered the cats' legal owners, keepers and caretakers may also be liable for damage caused by feral cats to property or persons. Prohibit feeding of stray cats in public lands that serve as wildlife habitat. And a feral cat, generally speaking, is less likely to be tame than a domestic housecat. Do some research to find out about your local animal control. Its understandable that feeding unowned, free-roaming cats might result in a legitimate nuisance complaint. 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. Your attorney can help you look up your local laws and determine how to proceed. 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. The IDNR no longer opposes "trap-neuter-return" feral cat programs on land not owned, managed or leased by the agency. Although the Baylor Law Review article and the Indiana Superior Court case suggest that a court may not hold caretakers responsible for the behavior of feral cats, the case law on this issue is nearly nonexistent. For example, an Indiana trial court recently found that a woman who fed feral cats and participated in a TNR program was not liable for negligently allowing the cats to damage the plaintiffs property. Morin, D.J. 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. 3.2-6587(A)(2 ). Keep grills and barbecue pits clean to avoid enticing smells. For community cats, the inclusion or omission of just a few words in these laws can be the difference between life and death. Analyzing approaches to feral cat managementone size does not fit all. Types of wildlife killed by cats typically include small mammals (60-70%), birds (20-30%), and amphibians, reptiles, and insects (10%). Will she attempt to prevent the cat from trespassing on her neighbors property or bringing other cats to the neighborhood? 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. Remember: You dont have to give permission just because they ask for it. Feral ferret can be trapped, no bag limit or closed season. 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. Until then, however, only the courts can provide clearer guidance for keepers and caretakers in common law jurisdictions. 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 |. Hess, S.C.; Hansen, H.; Banko, P.C. Hughes, K.L. An SNR program - Spay, Neuter, Release - is also a good way to reduce the numbers of feral cats in a given area. 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. 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. 29D05-0605-SC-1055 (Ind. . This is important because anything animal control can see may be used as cause to search or obtain a warrant. 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? You: Im not refusing to sign, but I would like to consult an attorney before I sign anything.. Feral. 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. Silva-Rodrguez, E.A. 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. The shelter now has new rules about accepting cats, and holding cats for a minimum period, unless they are so injured that the only humane thing to do is euthanize them. ; Schauber, E.M. Ct. Mar. Use tab to navigate through the menu items. 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]. In recent years, some jurisdictions have expressly exempted caregivers from the definition of owner in order to avoid confusion. If you are charged with a crime, consult an attorney right away. Implementation of a Feral Cat Management Program on a University Campus. 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. Animal Control: Youll receive a citation. Their eradication on more than 100 islands could . Normand, C.M. And the fact is that you can not tell the difference between a wild cat and a domestic cat. 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. Animal Control: I just want to see if all the animals on your property are healthy. 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. At the same time, an overly burdensome notice requirement could easily become a strong disincentive to individuals who may have otherwise considered becoming feral cat caretakers. Follow good colony care practices including keeping the area clean and removing all food after 30 minutes. Some areas have laws restricting what activities are allowed on public property, so check your local ordinances to learn more. Cove, M.V. Detailed Discussion of Feral Cat Legal Issues. /* ----------------------------------------- */ ; Gardner, B.; Simons, T.R. 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. Since South Dakota state laws do not address feral cats, it is unclear whether they would be included. For model ordinances and examples of communities leading the way for humane care, read more about how Alley Cat Allies is creating community change. The statute further defines keepers as owners. Id. Zhang, J.; Jin, Z.; Sun, G.-Q. If there are any mistakes, do not consent to the officer entering your property. Biological Invasions 2018, 20, 333344. Journal of the American Veterinary Medical Association 2003, 223, 202205. 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. It is legal to kill feral cats in ALL 50 states, even CA. A further problem is the relatively limited degree of control exercised by the defendant in Baker . This rationale is less persuasive when applied to feral cats for two reasons. 964 (Fall 2008) . Only in emergency situations (called exigent circumstances) may an officer search your property without a warrant. 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.). Id. ; Weng, H.-Y. EcoHealth 2013, 113. What, then, is the answer to the question of whether feral cat keepers and caretakers are the animals' owners? 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. 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]. Ordinances often include sections on animal cruelty, ownership, at-large regulations, mandatory spay/neuter, and cat licensing. ; Elsevier Health Sciences, 2007. 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. These cats are regulated in a few different states and outright banned in some cities. 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-vaccinate-return), and standard practice in parts of the country where rabies in cats occurs most frequently. The trial court granted summary judgment for the defendants, but the appellate court rejected the trial courts analysis of the plaintiffs nuisance claim. Are stray or feral cats dangerous to humans and public health? However, according to the research outlined above, such policies are likely to be ineffective. Cases are scarce, and the cases that do exist are unpublished and highly fact-specific. Therefore, a ban on shooting domestic cats is also a ban on shooting feral cats. See id. You: What happens if I say no? 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 ). Often known as leash laws, these regulations prohibit cats from being loose in the community. Licensing fees are often money for general funds and not applied to save or to spay or neuter animals, which demonstrates the failure of cat licensing measures. As discussed above, feral cats do not fit neatly within the common law of animal ownership. And by reducing a communitys feral cat numbers, TNR can also reduce nuisance complaints and potential impacts to public health, wildlife, and the environment. at *14. 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 can find our guide for Best Practices: Community Cat Colony Care.. You: I do not give you my consent to search my property.. . 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. 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. 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. 964, 97374 (Fall 2008) . 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. For example, in South Dakota a person can only be charged with the poisoning or killing of an animal that is "owned" by another person. Officers are only allowed to enter without doing so in limited, emergency situations. But these issues can typically be addressed with guidance from trap-neuter-return (TNR) groups or animal shelter staff. Cruelty to animals is illegal in Illinois, as it is across the country. Conservation Biology 2012, 25, 808815. 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. Current issues in the control of stray and feral cats. Div. Is she subject to other ownership requirements, such as ordinances requiring registration or sterilization? This helps minimize the chance that someone will call animal control in the first place. Exceptions: Special area restriction apply in Unit 14C Source Arizona - AZ Species you can Trap: Small game (cottontail rabbits and tree squirrels), skunks, muskrats, badger beavers, raccoons, and weasels require a permit to trap. Licensing requirements are often a death sentence for community cats because they typically require that any cat not displaying a license tag be impounded. Neutering of feral cats as an alternative to eradication programs. 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. We seek to change them into positive laws that save animals and meet the needs of cats, caregivers, owners, and the community at large. It was a really sad case, and my client was heartbroken at the loss of her cat. Alley Cat Allies has protected and improved the lives of cats for 32 years. An animal is feral if it [e]xist[s] in a wild or untamed state, either naturally or having returned to such a state from domestication. The American Heritage Science Dictionary (Houghton Mifflin 2002). 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. 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. Mahlow, J.C.; Slater, M.R. Stop. ; Nielsen, C.K. Id. The FWC's policy on feral cats is "to protect native wildlife from predation, disease and other impacts presented by feral and free-ranging cats.". Animal Control: Violating our leash law. 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"). A relinquishment of all rights to any animals on your property. M.S., Arkansas Tech University: Ann Arbor, 2014. It's going to be cheaper (and more humane) for you to have them sterilized. 510 I.L.C.S. No. Determining when a feral cat caretaker may be criminally liable is a complex issue that has not been extensively addressed. Or, politely request to speak to your attorney first. 22-339d . An admission or denial of responsibility for the cats. ; Turick, S.L. Alley Cat Allies has protected and improved the lives of cats for 32 years. Id. Alley Cat Allies is a 501(c)3 organization. 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. Many state and local governments have not directly addressed the issues of ownership and responsibility related to feral cats. The aforementioned study of a TNR program on the Texas A&M campus, for example, revealed trapping efficiencies comparable to those reported in Randolph County: approximately 9.5 trap-nights per cat (one trap-night = 1 trap 1 nights use) [2]. 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. (See If the officer asks to search your property). In general, though, these state laws are strictly definitional. 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. Call local vet clinics and ask them for their "TNR" rates for sterilization. Take careful notes of what the officer does and what is said while the search occurs. Write down everything immediately after the encounter.
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