Officers cannot search beyond what the warrant allows. But these issues can typically be addressed with guidance from trap-neuter-return (TNR) groups or animal shelter staff. , Exotic Mammal, Ind. In the US, the debate about free-roaming cats has been raging for years. TNR and TNVR programs protect public health by creating a powerful barrier between wildlife and humans, and not every cat needs to be vaccinated to achieve herd immunity [6]. TNR/Community Cat Care Financial Resources, How Rescuers Can Effectively Adopt Out Cats, Debunking the Myths and Misinformation: Cat Predation, Solutions to Prevent Surrendering your cat, Press Release on African Wildcat Campaign, Differences between AWCs and domestic cats, click here to see why feeding bans do not work, http://cfa.org/Portals/0/documents/legislative/cat-leash-laws.pdf, https://idfg.idaho.gov/question/it-legal-kill-feral-cats, http://www.accord3.com/docs/TNR%20Law%20Kortis.pdf, http://www.humanesociety.org/assets/pdfs/pets/feral-cats/nirenburg_hsus_cat_outdoors.pdf. Thus, the most rational way to determine ownership of feral cats is to use a modified version of the legal regime for owners of domestic animals, in which courts look at the extent to which a particular keeper or caretaker has exercised control over a feral cat and then imposes limited liability in a way that reflects that level of ownership. Div. Animal Control: Id like to search the property. 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. 12 Exotic Cat Breeds That Are Legal to Keep as Pets in U.S. (With Their behavior can range from fearful and wary of people to friendly and open to human interaction. Connecticut allows municipalities to require feral cat keepers to register with the local animal control officer. 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. If you are violating another ordinance, the officer may be trying to bargain with you. Ask, What happens if I say no?. Further, the statute provides that any refusal to permit any animal control officer to impound such cat shall be deemed evidence of ownership . Licensing requirements are often a death sentence for community cats because they typically require that any cat not displaying a license tag be impounded. Cases are scarce, and the cases that do exist are unpublished and highly fact-specific. 29D05-0605-SC-1055 (Ind. 2, 2007) (pdf file - 628.01 KB). Do not touch or threaten officers or neighbors. And the fact is that you can not tell the difference between a wild cat and a domestic cat. Outdoor cats FAQ | The Humane Society of the United States 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. There's plenty of TNR (Trap-Neuter-Release) programs for Feral Cats in Michigan. Although some state and local governments have enacted statutes and ordinances attempting to resolve some of these issues, most jurisdictions do not have any laws governing the care and ownership of feral cats. A wild animal is an animal that belongs to a category of animals that have not been generally domesticated and that are likely, unless restrained, to cause personal injury. Restatement (Third) of Torts: Physical and Emotional Harm 22(b) (2005) . If the officer threatens you with a citation, state that youd like to contact your attorney. Ask if the officer believes that you are violating any laws. It should not be construed as legal advice. alleycat.org/Licensing Only thirteen states and the District of Columbia have enacted statutes that mention feral cats, and none of those statutes directly address liability. The key question in either case is whether the owner has a duty to control the cat's behavior. . 3.2-6500 . Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. 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. A 1993 survey conducted in Santa Clara County, California, found that only about 7% of residents made efforts to sterilize unowned, free-roaming cats despite the fact that 62% of the cats were being fed in residents yards. 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. We seek to change them into positive laws that save animals and meet the needs of cats, caregivers, owners, and the community at large. Full Title Name: Detailed Discussion of State Cat Laws - Animal Law I would like a copy of it. Code 14-8-2-87 (2009 ); Wild Mammals, Defined, Neb. "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. It is the foundation for FWC staff to interact with affected parties and develop science-based, humane solutions . No. 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. But, you can only shoot feral cats if they are in your yard. 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. Trap them and bring them to the shelter. C. 8217 . 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. . They cant search your property, stop and question you, or cite you without a reason. (See If the officer asks to search your property). 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.
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