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Detailed Discussion of Emerging Issues in Municipal Ordinances |
This paper will discuss those emerging areas that have recently cropped up in many municipalities throughout the United States and how municipalities have addressed these areas through passing of ordinances. Mandatory spay and neutering, feral cat management, declawing, retail sales of pets, breeding licenses, and tethering laws will be discussed, including the strengths and weaknesses of each ordinance. Additionally, suggestions for municipalities for how to construct their own ordinances in each of these areas are included.
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Detailed Discussion of Feral Cat and Wild Bird Controversy |
This paper begins with some of the biological factors of cats that allow them to be tenacious predators. It then analyzes the approaches used to manage feral cat populations. Additionally, both applicable state and federal laws are discussed. The discussion focuses particularly on the conflict between federal wildlife protection laws and efforts to control feral cats that allow these animals to roam freely. The paper concludes with a sampling of legislative and practical solutions implemented in communities to address the inherent conflict. |
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Detailed Discussion of Feral Cat Legal Issues |
This article addresses three primary legal questions. 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. Second, the article addresses the question of whether feral cat keepers or caretakers can be held civilly liable for the actions of feral 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.
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Detailed Discussion of Feral Cat Population Control |
Controversy has arisen over how best to deal with populations of feral cats. While cat advocates fight against killing cats, bird advocates and others see them as destructive to protected species. Legal issues of property ownership, causation, and classification of cats are central to the question of human liability for feral cats.
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Detailed Discussion of State Cat Laws |
This discussion analyzes the relevant state laws that affect cats. It also raises and attempts to answer several questions directed to cat owners, including licensing of cats, the feral cat problem, and state vaccination requirements.
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Dixon v. State |
An owner of a non-profit cat sanctuary, which housed over 200 cats taken care of by one employee, was convicted by a jury of four counts of non-livestock animal cruelty. The trial court placed the owner under community supervision for five years' on each charge, to be served concurrently. In her first issue on appeal, the owner contended the evidence was legally insufficient to support her convictions. Based on evidence that the owner only had one employee to take care of the cats, however, the Texas court of appeals overruled this issue. In her second issue on appeal, the owner contended that the trial court erred by overruling her motion to dismiss the indictments where the State alleged a felony by commission of elements defined as a misdemeanor under the animal cruelty statute. On this issue, the court stated that it was true that the State had to prove that appellant failed to provide food, water, or care to the cats, but it also had to prove death or serious bodily injury to the cat that was committed in a cruel manner, i.e., by causing unjustified or unwarranted pain or suffering. In other words, the failure to provide food, water, or care is the manner and means by which appellant killed the cats, causing them unjustified pain or suffering, which raised the charge from a misdemeanor to a felony. The second issue was therefore affirmed. The appeals court also overruled the owner’s other issues and thereby affirmed the lower court’s ruling. |
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Don't Feed the Animals: Queso's Law and How the Texas Legislature Abandoned Stray Animals, A Comment on H.B. 2328 and the New Tex. Penal Code § 42.092 |
This Comment considers Queso's Law, its amendments to section 42.092 of the Texas Penal Code, and the impact of those amendments on animal cruelty law in Texas. Part II discusses the historical background of animal cruelty laws both in Texas, prior to the 80th Legislature, and elsewhere. Part III discusses animal cruelty law in the wake of Queso's Law, including the elements of the offense as well as constitutional and policy concerns. Part IV proposes a solution to the concerns raised by Queso's Law. Finally, the Comment concludes that the expanded definition of animal created by Queso's Law is too broad and that slightly re-wording the definition to create a “custody carve-out” would better protect the interests of feral animals.
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Ducote v. Boleware |
This appeal arises from a personal injury lawsuit filed by Plaintiff Ducote, stemming from injuries she suffered as the result of a bite by defendant's cat. Plaintiff was walking down the sidewalk in New Orleans in the early evening when defendant's cat jumped on her left side and bit her hand causing injury. Plaintiff opted for the rabies immunoglobulin and the vaccine at the emergency room after defendant was unable to produce a rabies certificate (though the cat was later successfully quarantined). The trial court granted summary judgment upon motion for defendant and his homeowner's insurer. Plaintiff now appeals that decision. On appeal, the majority observed that liability of an animal owner (other than a dog) is provided by La. C.C. art. 2321, which gives a negligence standard based on knowledge of an animal's vicious propensities. The court found that there was no scienter on defendant's part as to the cat's dangerous nature (in fact, the cat was known to be a friendly cat with no previous incidents). Plaintiff suggests that liability should be based on a theory of negligence per se. Due to defendant's violation of city ordinances related to proof of rabies vaccination, he should be liable for damages. The court, however, rejected this, as Louisiana law does not recognize statutory negligence per se. Instead, in looking at negligence based on the set of facts, the court found plaintiff did not meet her burden. The trial court's decision was affirmed. |
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El caso del Festival Gastronómico del Gato, 2014 (Peru) |
El Festival de Currunao era una celebración anual que se celebraba en el sur de Lima, Perú. Este festival estaba dedicado a la celebración de Santa Efigenia de Etiopía. Tradicionalmente, este evento incluía prácticas controvertidas, como el consumo de gatos y carreras en las que se les lanzaban fuegos artificiales. En 2013, un grupo de activistas presentó una demanda de amparo solicitando la suspensión inmediata de estas prácticas, argumentando que eran crueles según la antigua ley peruana contra la crueldad animal, No. 2725. Además, argumentaron que los animales son seres sintientes, capaces de experimentar dolor y sufrimiento. Ese mismo año, el Juez Civil de Cañete emitió una medida cautelar, suspendiendo dichas actividades. En 2014, la Corte Superior de Justicia de Cañete prohibió permanentemente estas prácticas, concluyendo que violaban el derecho a un ambiente equilibrado y saludable, fomentaban la violencia y representaban graves riesgos para la salud pública y el bienestar social. |
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Feral Cat and Wild Bird Controversy |
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