U.S. Faces Growing Feral Cat Problem - National Geographic You: Please excuse me, Id like to contact my attorney.. . /* ----------------------------------------- */ According to one source, the law in Texas prohibiting cruelty to animals did not specifically protect feral cats until 2007. Wild Mammals, Defined, Neb. 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. 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.). Rather, they typically authorize local governments to enact their own ordinances. EcoHealth 2013, 113. 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. 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. The majority of cases that have addressed liability for feral cat owners are unpublished decisions involving local ordinances, highlighting the impossibility of discerning a single set of guidelines for dealing with feral cats. Are you allowed to kill feral cats? And the fact is that you can not tell the difference between a wild cat and a domestic cat. Ideally, more state and local legislatures should begin to address this complex and convoluted area of law. Zaunbrecher, K.I. Is it legal for a neighbor to trap and kill my pet cat? Would it be 2005), Exotic Mammal, Ind. (Remember: Your animal control officer may not be familiar with Trap-Neuter-Return.). 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. 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. feeding and cat colonies are illegal. 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.. 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. Unfortunately, the answers to these questions are unclear and depend heavily on the local law. 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. At the same time, the level of control exercised by feral cat keepers and caretakers is often significantly less than the control exercised by an owner of a domestic housecat. Leash laws are incompatible with Trap-Neuter-Return, because community cats are by nature free-roaming, and they dont have an owner whose property they can stay on. Despite the fact that a feral cat ordinance was the controlling law in the case, the judge still held in favor of the defendant because that ordinance did not specifically create a duty owed by the defendant to the plaintiff. 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. 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. Feral Cat Legal Issues | Animal Legal & Historical Center Your attorney can help you look up your local laws and determine how to proceed. Do not interfere with or obstruct the police. Outdoor cats FAQ | The Humane Society of the United States The court accepted the plaintiff's claim that the aggressive tendencies of stray and feral cats pose certain risks that domestic housecats do not, especially when they are cornered by human. Australia's Cats Kill Two Billion Animals Annually. Here's How the 964 (Fall 2008) . [Michigan] What can legally be done about feral cats? Take careful notes of what the officer does and what is said while the search occurs. In places where keepers or caretakers of feral cats are considered "owners," it is quite possible that a feral cat caretaker could be held responsible for damage caused by feral cats. 2020National Feline Research Council | Contact Us | Privacy Policy. Animal control officers may be employees of the city or work as contractors. Although counterintuitive, published research studies indicate that regular feeding of free-roaming cats as part of a targeted TNR effort can actually reduce nuisance complaints. Animal Control: Im responding to a complaint, I do not need your consent. The officer then proceeds to enter your house or yard. 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. Reducing Feral Cat Threats To Native Wildlife In Hawaii; University of Hawaii at Hilo Pacific Aquaculture and Coastal Resources Center: Hilo, HI, 2008. RI ST 4-24-3 . Do not sign any document without consulting an attorney. "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. ; Lesmeister, D.B. Further, it is a misdemeanor for a cat owner to fail to pay any license tax required by this chapter before February 1 for the year in which it is due. Va. Code Ann. The problem, however, is that people do not generally possess a feral cat in the same way that they would possess a dairy cow, a housecat, or a parrot. Always be polite but firm when speaking to an animal control representative. The county animal welfare officer, who has 20 years of experience, said, "It`s legal to kill feral cats in Wisconsin Is she right? APPA 20152016 APPA National Pet Owners Survey; American Pet Products Association: Stamford, CT, 2017. They typically do not care where the feral cat spends most of its time, they rarely try to confine it, and their interaction is generally limited to providing the animal with food and water. ; Slater, M.R. 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. Id. Feral Cats | FWC - Florida Fish And Wildlife Conservation Commission 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. Free-ranging domestic cats (Felis catus) on public lands: estimating density, activity, and diet in the Florida Keys. 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. Using a computer model to to study the transmission dynamics of rabies in China, for example, researchers concluded that controlling dog birth rate and increasing dog immunization coverage rate are the most effective methods for controlling rabies in China, and that large-scale culling of susceptible dogs can be replaced by immunization of them [7]. 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. at 10. 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. is it illegal to kill a bobcat in texas 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. The best way to find out is to check with your local animal control agency or wildlife department. It is legal to kill feral cats in ALL 50 states, even CA. Only thirteen states and the District of Columbia have enacted statutes that mention feral cats, and none of those statutes directly address liability. Influence of Care of Domestic Carnivores on Their Predation on Vertebrates. 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]. Is it legal to kill feral cats - Idaho Fish and Game 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. H028774, 2007 WL 495897 (Cal. Conservation Biology 2012, 25, 808815. Feral. Local ordinances that protect community cats differentiate between owners and caretakers, and they recognize that community cat caretakers are Good Samaritans using their own time and money to care for community cats. IDNR Deer Removal Guidelines (PDF) In rural areas, deer hunting is permitted in season. Trap them and bring them to the shelter. Finally, the statute permits local municipalities to enact separate ordinances prohibiting cat ownersincluding feral cat keepersfrom substantially damag[ing] property or caus[ing] an unsanitary, dangerous or unreasonably offensive condition. Id. Generally, the state laws that do address these issues do not create substantive guidelines. She did not provide shelter or veterinary care, and she never relocated or confined the animals. Its understandable that feeding unowned, free-roaming cats might result in a legitimate nuisance complaint. Sign this form so we can trap them. Animal Control: You will receive a citation. This site is not a law firm and cannot offer legal advice. In Kyles , the plaintiffs were members of a family residing in a home located next to an apartment complex. Step outside of the house and be sure to shut the door behind you! In fact, the court noted that Indy Feral's website, offered as an exhibit by the defendant, states that feral cats will become an even greater nuisance if they are not fed on a regular basis, since this will require to the cats to forage for food. Do not touch or threaten officers or neighbors. . 29D05-0605-SC-1055 (Ind. Journal of the American Veterinary Medical Association 1993, 203, 449452. This site is maintained for the Illinois General Assembly Keep grills and barbecue pits clean to avoid enticing smells. Stop. 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. 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. Those citations will require court appearances next. At common law, the answer to this question is unclear. Animal Cruelty and Abuse Laws in Illinois | Lawyers.com Full Title Name: Detailed Discussion of State Cat Laws - Animal Law Stabilizing and reducing the population of unowned, free-roaming cats through targeted TNR efforts, on the other hand, is made much easier (and thus more cost-effective) when cats are fed regularly. 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. Second, the plaintiff argued that the defendant was responsible for the damage caused by the cats because feeding and watering an animal serves as an invitation to stay in the area. 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. 3 Del. It is certainly plausible, then, that a feral cat caretaker in Virginia could be required to comply with the same requirements imposed on owners of domestic cats. 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. Community cat is the term we use for domestic cats who live outdoors and have no indication of having an owner. These important distinctions would explain why some states have specifically excluded feral cats from their statutory definitions of exotic or wild animals. What to do with feral cats: Examining TNR for population management, Wildlife impacts of free-roaming cats: Estimates vs. evidence. 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. Domestic cats are a significant source of mortality for wildlife. 22-339d . St. 37-246 (2008). Studied at California State University, Stanislaus 2 y. The IDNR no longer opposes "trap-neuter-return" feral cat programs on land not owned, managed or leased by the agency. 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. However, on . On April 11, during a protest by feral cat advocates, two women were cited for the illegal take of an endangered or threatened species. Remember to follow best practices when caring for community cats. . What ordinance is that under? or What is that code exactly? 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. [d]oes not become a public nuisance, does not run at large, and [d]oes not defecate on the property of another . ; Turick, S.L. Neutering of feral cats as an alternative to eradication programs. It's going to be cheaper (and more humane) for you to have them sterilized. The shape of animal control duties differs from community to community. Simultaneously, this system would allow the casual good Samaritan to feed a feral cat without fear of liability. Silva-Rodrguez, E.A. This may reflect the legislature's intent to solve the problem of discouraging good Samaritans. $. They may be able to help assist you in . 3907 . There are three common reasons communities use when proposing a ban (or restrictions) on feeding free-roaming cats: (1) the cats are causing a nuisance to residents or business owners; (2) potential impacts to public health, wildlife, and the environment; and (3) the unowned cat population is too large and/or growing out of control. at 45; see also McElroy v. Carter , No. Stoskopf, M.K. Hughes, K.L. Cruelty to animals is illegal in Illinois, as it is across the country. read more about how Alley Cat Allies is creating community change. 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. You: Im not refusing to sign, but I would like to consult an attorney before I sign anything.. What can I do to feral cats that come into MY yard?
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is it illegal to kill feral cats in illinois