"Feral cat" means a cat that (i) is born in the wild or is the offspring of an owned or feral cat and is not socialized, or (ii) is a formerly owned cat that has been abandoned and is no longer socialized or lives on a farm. 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. 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]. Free-ranging domestic cats (Felis catus) on public lands: estimating density, activity, and diet in the Florida Keys. There's plenty of TNR (Trap-Neuter-Release) programs for Feral Cats in Michigan. Generally, the state laws that do address these issues do not create substantive guidelines. 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. Taking a feral cat in the wilds of Idaho would require a valid hunting license. In light of the policy implications associated with defining feral cats as wild animals and thereby subjecting keepers and caretakers to a strict liability regime, a court would be more likely to find that feral cat keepers and caretakers are analogous to owners or keepers of domestic animals. Alley Cat Allies has protected and improved the lives of cats for 32 years. Could they be exposed to criminal liability for abandonment, neglect, or failure to comply with registration or spay/neuter requirements? Ask if the officer believes that you are violating any laws. 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. Implementation of a Feral Cat Management Program on a University Campus. St. 37-246 (2008). Journal of Applied Animal Welfare Science 2002, 5, 1528. 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. Is she subject to other ownership requirements, such as ordinances requiring registration or sterilization? 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 ). 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. Write down everything immediately after the encounter. Journal of the American Veterinary Medical Association 2003, 223, 202205. (The Center Square) - An animal rights group is applauding a policy change by the Illinois Department of Natural Resources regarding feral cats that could save taxpayers money. In general, though, these state laws are strictly definitional. Vaccination against rabies is an increasingly common practice for TNR programs in the U.S. Animal Control: We have a search warrant for this home. In Baker , the defendant fed and watered four cats that lived in the neighborhood. It may be legal when protecting your property, such as feral cats engaged in the taking of your livestock or even pets. No, it's not legal to kill cats in CA. Toxoplasmosis, a disease carried by cats, can also kill birds and critically endangered Hawaiian monk seals. 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. 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. 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. 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. Keep grills and barbecue pits clean to avoid enticing smells. 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]. The best way to protect yourself and your cats is by knowing your local laws. Local laws, such as local animal control ordinances, are part of a city and/or county code. Call local vet clinics and ask them for their "TNR" rates for 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. 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. This site is maintained for the Illinois General Assembly In some communities, animal-related ordinances are enforced by full-time animal control officers; in others, police officers, sheriffs, or code enforcement officers might be assigned to animal control duties or wear several hats, including animal control. 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. 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). ; Kays, R.; OConnell, A.F. Code 14-8-2-87 (2009. , 825 N.E.2d 189, 676 n.1, 686 (Ohio Ct. App. 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. Researchers investigating the effectiveness of TNR programs have documented reductions in nuisance complaints. Biological Invasions 2018, 20, 333344. It's also definitely illegal to poison them. 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. 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. 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. Fiori v. Conway Org. Normand, C.M. at 97374, 966. 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. Step outside of the house and be sure to shut the door behind you! [d]oes not become a public nuisance, does not run at large, and [d]oes not defecate on the property of another . 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. Officers cannot search beyond what the warrant allows. But.proceed if you'd like to face jail time and up to $20,000 fine. 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. White-tailed deer are protected under the Illinois Wildlife Code as a game species. You: I do not give you my consent to search my property.. However, caregivers often consent to these requests because they dont know they have the option to say no.. Concern for animal welfare is typically the driving force behind feral cat legislation, but it is important that animal welfare advocates adequately address the concerns of property owners who may be adversely affected by feral cat colonies. And by reducing a communitys feral cat numbers, TNR can also reduce nuisance complaints and potential impacts to public health, wildlife, and the environment. Cats in the F5 generation and further are considered entirely legal, though, and can be kept in most places. These ordinances write into law protections for community cats and their caretakers and explicitly endorse Trap-Neuter-Return. You: Id like to consult my attorney.. 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. This rationale is less persuasive when applied to feral cats for two reasons. Animal Control: Id like to search the property. The reasoning in these cases could be applied to feral cat keepers in caretakers in jurisdictions that consider keepers and caretakers to be owners. C. 8217 . The caretaker in that case merely fed and watered the cats. 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.