Are you allowed to kill feral cats? What You Can and Cannot Do It is, in fact, illegal in a number of states for that reason, and that it spreads disease. These important distinctions would explain why some states have specifically excluded feral cats from their statutory definitions of exotic or wild animals. 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. 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. 510 I.L.C.S. Id. Again, the effective management of these animals would be considerably more difficult if they were not regularly provided food (intentionally or not) in areas of dense human population. 29D05-0605-SC-1055 (Ind. ; Turick, S.L.
DLNR Chair meets with Big Island feral cat advocates, after nene-cat Although its somewhat counterintuitive, feeding free-roaming cats is a critical step in reducing their numbers through TNR. Be aware that anything you say can be used in court. As a caregiver for outdoor cats, you may be approached by local authorities at some point. Similarly, some states classify feral cat caretakers as owners and further require owners to spay and neuter their pets or immunize them against rabies. 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. . And most communities have provisions in their municipal codes to address such situations if they persist. 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. This policy does not call for the FWC to kill cats, nor does it outlaw the practice of Trap-Neuter-Release. 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. Post No Trespassing signs in your front yard and other areas you seek to keep private. Animal Control: You will receive a citation. Information maintained by the Legislative Reference Bureau, Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. $. 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 . 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. When included as part of targeted TNR efforts, regular feeding of free-roaming cats can reduce potential impacts on public health, wildlife, and the environment because targeted TNR efforts can be implemented more efficiently when cats are fed regularly. 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]. A recent landscape-scale camera-trap study across 16 counties in southern Illinois, for instance, found that 75% of cat detections occurred no more than 0.32 miles from human-made structures and never more than 0.83 miles from such structures [10]. 964 (Fall 2008) . This helps minimize the chance that someone will call animal control in the first place. EcoHealth 2013, 113. at 98384, 98890. This rule would effectively advance two competing policy goals: (1) encouraging people to care for feral cats and (2) holding caretakers more responsible when their actions begin to look more like those of an owner than those of a caretaker. Effect of high-impact targeted trap-neuter-return and adoption of community cats on cat intake to a shelter. All rights reserved. This article addresses three primary legal questions. ; Miller, M.A. Rather, the cases look closely at evidence of ownership to determine whether the keeper or caretaker should be subject to liability. To ameliorate this problem, several states have enacted laws that modify this common law view of ownership and enable local governments to impose specific requirements on keepers and caretakers of feral cats. All rights reserved. In recent years, some jurisdictions have expressly exempted caregivers from the definition of owner in order to avoid confusion. 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. This may reflect the legislature's intent to solve the problem of discouraging good Samaritans. 29D05-0605-SC-1055 (Ind. 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. . It is legal to kill feral cats in ALL 50 states, even CA.
My neighbor is baiting and trapping neighborhood cats and - Avvo It is legal to trap and euthanize feral cats in some areas, while in others, it is illegal. ; Smith, R.E. Feral cats will stay in any area where food is plentiful. Id. Its understandable that feeding unowned, free-roaming cats might result in a legitimate nuisance complaint. Under this regime, if a keeper or caretaker has given a feral cat food and water every day for several years and has provided the animal with periodic veterinary care, that person is more likely to be viewed as an ownerand subject to liabilitythan a person who has merely fed a feral cat once a day for six months. 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. For community cats, an eartip signifies that theyve been spayed/neutered and vaccinated. Center (2006)) . As discussed below, this diminished level of control makes it difficult to determine how feral cat ownership should be determined in common law jurisdictions. Feral. 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. 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. Chang explained when nn eat cat food, it can make them sick and can even kill them. Rather, they typically authorize local governments to enact their own ordinances. There were no changes in procedure or code to account for this decrease [4]. 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]. RI ST 4-24-3 .
What can I do to feral cats that come into MY yard? 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. You: I do not give my consent to search my property.
Outdoor cats FAQ | The Humane Society of the United States This case illustrates the careful balancing act involved in crafting a feral cat statute or ordinance. 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. 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 . 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. 2020National Feline Research Council | Contact Us | Privacy Policy. ; Kays, R.; OConnell, A.F. The court found that the total amount of damage caused by the cats to the plaintiff's property was approximately $2000.
Feral Cats and the Law - ALLEY CAT RESCUE Toxoplasma gondii, Source to Sea: Higher Contribution of Domestic Felids to Terrestrial Parasite Loading Despite Lower Infection Prevalence. The result of this approach is that the law of feral cats can, and often does, vary drastically within the same state. Such findings correspond well with those indicating that free-roaming cats are more likely to be found in close proximity to humans. If there are any mistakes, do not consent to the officer entering your property. . 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. 2023 Alley Cat Allies. Id . 2005) . 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. /* ----------------------------------------- */ 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. Animal control officers may be employees of the city or work as contractors.
Cats and the Law: Finding and Understanding Your Laws Normand, C.M. It is illegal to take live deer from the wild unless you have received a permit from the Illinois Department of Natural Resources (IDNR) or are a licensed wildlife rehabilitator. 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. They may be able to help assist you in . Id. at 26. You may exercise your right to remain silent like in the examples above. Animal Control: Violating our leash law. The reasoning in these cases could be applied to feral cat keepers in caretakers in jurisdictions that consider keepers and caretakers to be owners. Find more information on microchipping at. feeding and cat colonies are illegal. 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.
Can I Legally Kill a Cat on My Property? - FindLaw at *14. Journal of the American Veterinary Medical Association 1993, 203, 449452. 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. In the vast majority of jurisdictions, however, courts will have no guidance other than common law. 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]. But these issues can typically be addressed with guidance from trap-neuter-return (TNR) groups or animal shelter staff. Or, politely request to speak to your attorney first. Epidemiology, Biostatistics, and Preventive Medicine; 3rd ed. Marra's own work has shown that cats - mostly feral but also pets - kill billions of US birds and mammals every year . 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. Further, the statute provides that any refusal to permit any animal control officer to impound such cat shall be deemed evidence of ownership . For example, by defining keepers as owners and authorizing municipal permitting requirements for feral cat caretakers, a state like Rhode Island is able to address issues related to feral cats without imposing substantive requirements on the entire state. Are you allowed to kill feral cats? Animal Control: We received a complaint about cats in the neighborhood. A valid warrant will contain the address, date (within 14 days), and a judges signature. Increasingly, communities are passing local ordinances with positive, proactive language related to Trap-Neuter-Return or Shelter-Neuter-Return. Feb. 16, 2007) . One commentator who has analyzed the issue in Texas raised the possibility that an individual who cares for a feral cat could be held criminally liable for abandonment if that individual ceased to provide the cat with food and water or failed to pay for the cats necessary medical treatment. Call your city government or find our Guide to Local Government.. 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. Avoid feeding your own pets outdoors and cover trash scraps securely to deny unwelcome cats an easy meal. Code 14-8-2-87 (2009 ); Wild Mammals, Defined, Neb. ; Weng, H.-Y. Someone who cares for a feral cat is likely to limit her activity to feeding, watering, and in some cases spaying or neutering the animal. Morin, D.J. 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 cat allegedly scratched the paint on the neighbor's truck, but because this kind of property damage was not reasonably foreseeable, the court held that the owner was not liable for any damages that her cat may have caused. 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. 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. In that sense, they are unlikely to pose a serious threat to humans, and any risk that they do pose is likely to be understood by the general public. But.proceed if you'd like to face jail time and up to $20,000 fine. /* ----------------------------------------- */, 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. Connecticut allows municipalities to require feral cat keepers to register with the local animal control officer. As long as you are shooting feral cats on your own property, it is not illegal to shoot a cat. 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. Hughes, K.L. As discussed above, feral cats do not fit neatly within the common law of animal ownership. You: Id like to consult my attorney.. Laws affecting Trap-Neuter-Return and outdoor cats are different in every city and state. Some animal control departments and other local authorities are wholeheartedly supportive of Trap-Neuter-Return (TNR) and can be excellent allies in your TNR work. 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. Feb. 16, 2007). 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. However, it is possible that individual members of a domestic species could be considered wild if those individual animals have not been domesticated. 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. 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.. /* ----------------------------------------- */ 3 Del. Restatement (Third) of Torts: Physical and Emotional Harm. In many instances, you may ask animal control to return at a future date or time so that you may first speak with your attorney. 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. PeerJ 2013, 1, e18. 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. 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. Donate.
PDF Impacts of Feral and Free-ranging Domestic Cats on Wildlife in Florida (c) Notwithstanding Section 31752, if an apparently feral cat has not been reclaimed by its owner or caretaker within the first three days of the required holding period, animal shelter personnel qualified to verify the temperament of the animal shall verify whether it is feral or tame by using a . Itll just take a minute.. If you feed cats on public property, people might see what you are doing. 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.). 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. 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.
[Michigan] What can legally be done about feral cats? Feral cat virus infection prevalence, survival, population density, and multi-scale habitat use in an exurban landscape.
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. Sign this form so we can trap them. Researchers investigating the effectiveness of TNR programs have documented reductions in nuisance complaints. Summary. By identifying particular, positive programssuch as TNR programsand explicitly exempting participants from the definition of owner, Illinois attempts to ensure that (1) fear of potential liability does not create a disincentive to participate in such a program, and (2) other individuals who might qualify as caretakers or keepers are held responsible for the actions. Therefore, a ban on shooting domestic cats is also a ban on shooting feral cats. Is she subject to other ownership requirements, such as ordinances requiring registration or sterilization? Cats living in proximity to humans generally as a result of being fed are much easier to trap than those living in remote areas. (See If the officer asks to search your property). Zaunbrecher, K.I.
Full Title Name: Detailed Discussion of State Cat Laws - Animal Law . The Baker court concluded its opinion, however, by raising an important concern about the balance between animal protection statutes and private property rights. , Exotic Mammal, Ind. 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. We seek to change them into positive laws that save animals and meet the needs of cats, caregivers, owners, and the community at large. Note: Pay special attention to the definition of owner in your local laws. St. 37-246 (2008). Types of wildlife killed by cats typically include small mammals (60-70%), birds (20-30%), and amphibians, reptiles, and insects (10%). 2005), Exotic Mammal, Ind. But, you can only shoot feral cats if they are in your yard. What, then, is the answer to the question of whether feral cat keepers and caretakers are the animals' owners? Animal Control: Are those your cats?
Illinois General Assembly Home Page Follow good colony care practices including keeping the area clean and removing all food after 30 minutes. Here are some of the most common sections of local laws that commonly affect cats. What ordinance is that under? or What is that code exactly?
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