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. Always be considerate of the area, and inconspicuous in your actions. In Baker , the defendant fed and watered four cats that lived in the neighborhood. Hospital campus: Similar results were observed three years into a TNR program at the Gillis W. Long Hansens Disease Center in Carville, Louisiana, where researchers reported that unwanted noise from cats fighting and from mating calls was commonly heard during nocturnal visits to the cats living areas before the study. Number of unowned free-roaming cats in a college community in the southern United States and characteristics of community residents who feed them. Animal Control: Im responding to a complaint, I do not need your consent. The officer then proceeds to enter your house or yard. Alley Cat Allies has protected and improved the lives of cats for 32 years. Id. Simultaneously, this system would allow the casual good Samaritan to feed a feral cat without fear of liability. You could try other methods to deter the cats from your yard, like motion activated sprinklers or coyote urine. A person who overdrives, overloads, tortures or cruelly beats or unjustifiably injures, maims, mutilates or kills any animal, whether wild or tame, and whether belonging to himself or to another, or deprives any animal of necessary sustenance, food or drink, or neglects or refuses to furnish it such sustenance or drink, or causes, procures or A relinquishment of all rights to any animals on your property. 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. Normand, C.M. Sept. 29, 2006) . Cases are scarce, and the cases that do exist are unpublished and highly fact-specific. 2005) . EcoHealth 2013, 113. 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. /* Content Template: Content template for Resources - start */ . My neighbor is baiting and trapping neighborhood cats and - Avvo 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. Animal Control: Our local ordinance prohibits feeding animals on public property. However, according to the research outlined above, such policies are likely to be ineffective. to what extent can a caretaker be liable for tort damages caused by feral cats? Relying on testimony from the director of Indy Feral, a local organization that works with feral cat colonies, the court found that feral cats will stay with their colonies in a specific location regardless of whether they are fed and watered. 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. 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 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. Studies on food habits of free-ranging cats show that some individuals kill more than 100 wild animals each year. Rhode Island then allows local governments to implement permitting requirements for feral cat caretakers. Ct. Mar. See id. Some feline experts now estimate 70 million feral cats live in the United States, the consequence of little effort to control the population and of the cat's ability to reproduce quickly. 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. Id. Keep all veterinary medical record files with vaccinations, spay/neuter certificates, etc., where they are easily accessible. 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. Feb. 16, 2007) . Complete removal of feral cats could be employed on small, isolated areas or islands in Florida. Are you allowed to kill feral cats? What You Can and Cannot Do Div. 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. Get the latest cat news, information, and ways to take action and save cats' lives! 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. 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. A further problem is the relatively limited degree of control exercised by the defendant in Baker . ; Kays, R.; OConnell, A.F. Trapping Laws State By State | Automatic Trap Company 3907 . Feral cat virus infection prevalence, survival, population density, and multi-scale habitat use in an exurban landscape. 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. Ct. Mar. 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. Local laws, on the other hand, vary significantly from town to town, and some of those laws may even go so far as to expose unwitting caretakers to civil or criminal liability. The answers to these questions can vary widely depending on where the individual lives. Those citations will require court appearances next. Alley Cat Allies | Advocacy for Pet, Stray, Feral and Community Cats PeerJ 2013, 1, e18. 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.). You: Then you wont mind showing it to me? Always be polite but firm when speaking to an animal control representative. 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. The IDNR no longer opposes "trap-neuter-return" feral cat programs on land not owned, managed or leased by the agency. Cats in the F5 generation and further are considered entirely legal, though, and can be kept in most places. The first problem is the question of whether feral cats are wild or domestic animals. Help us continue our work for cats: Join our online community and become part of the movement to save cats lives! Determining when a feral cat caretaker may be criminally liable is a complex issue that has not been extensively addressed. 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. Australia's Cats Kill Two Billion Animals Annually. Here's How the Levy, J.K.; Woods, J.E. White-tailed deer are protected under the Illinois Wildlife Code as a game species. 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. However, caregivers often consent to these requests because they dont know they have the option to say no.. Cruelty to animals is illegal in Illinois, as it is across the country. 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. Why communities consider bans on feeding feral cats. 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. 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. Is she subject to other ownership requirements, such as ordinances requiring registration or sterilization? 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. 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. Sign this form so we can trap them. Animal control officers may be employees of the city or work as contractors. Epidemiology, Biostatistics, and Preventive Medicine; 3rd ed. Restatement (Third) of Torts: Physical and Emotional Harm. The following fact sheet provides you with information on your rights. Killing Stray Cats With Tylenol Is "Humane," Audubon Writer Says IDNR Deer Removal Guidelines (PDF) In rural areas, deer hunting is permitted in season. For model ordinances and examples of communities leading the way for humane care, read more about how Alley Cat Allies is creating community change. In some situations, the Department of Health might respond to certain questions or concerns. No, it is not illegal to shoot a cat, feral or otherwise. Feral cats are among the most prolific predators of numerous near-extinct native forest birds. Increasingly, communities are passing local ordinances with positive, proactive language related to Trap-Neuter-Return or Shelter-Neuter-Return. 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. . 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. Avoid feeding your own pets outdoors and cover trash scraps securely to deny unwelcome cats an easy meal. Full Title Name: Detailed Discussion of State Cat Laws - Animal Law Animal Control: That depends on if the cats belong to you. Animal Control: You will receive a citation. You: Do you think I am violating any laws? Part of the difficulty in determining the default state of the law in the absence of a feral cat statute or ordinance arises from the fact that there are very few court decisions addressing issues related to feral cats. Finally, the court dismissed the plaintiff's trespass claim for lack of evidence. Animal Control: We received a complaint about cats in the neighborhood. 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. There's plenty of TNR (Trap-Neuter-Release) programs for Feral Cats in Michigan. "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 Ideally, more state and local legislatures should begin to address this complex and convoluted area of law. 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 . 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 . 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. 2023 Alley Cat Allies. If you feed the cats on your own private property, you do not have to allow animal control onto the property without a warrant. And the fact is that you can not tell the difference between a wild cat and a domestic cat. Many state and local governments have not directly addressed the issues of ownership and responsibility related to feral cats. 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. The best way to find out is to check with your local animal control agency or wildlife department. See David Favre & Murray Loring, Animal Law 2125 (1983) . 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. Biological Invasions 2018, 20, 333344. Hughes, K.L. Rather, the cases look closely at evidence of ownership to determine whether the keeper or caretaker should be subject to liability. Published research studies show that regularly fed free-roaming cats are less likely to hunt and kill wildlife. 3. Further, cases like Kyles are limited in their usefulness since they do not present a single, bright-line legal rule for determining ownership of feral cats. Is it legal to kill feral cats in California? : r/legaladvice - Reddit See, e.g. 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.". In states and local jurisdictions where caretakers or keepers of feral cats are considered owners, it is quite possible that a feral cat caretaker could be subject to tort liability for trespass and nuisance claims. This case illustrates the careful balancing act involved in crafting a feral cat statute or ordinance. . Super. Feral cats do not fit neatly within the common law categories of animal ownership. 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. ; Slater, M.R. Another indicator that courts may be unwilling to independently determine the rights and responsibilities of feral cat caretakers is the Indiana Superior Court's decision in Baker v. Middleton , C.A. Will she consider the possible rights and responsibilities that might arise from her caretaking? Its understandable that feeding unowned, free-roaming cats might result in a legitimate nuisance complaint. 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.