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MN - Declaw - 504B.114. Pet declawing and devocalization prohibited |
This Maine law, effective January 1, 2024, prohibits a landlord who allows an animal from: (1) advertising the availability of a real property for occupancy in a manner designed to discourage application for occupancy of that real property because an applicant's animal has not been declawed or devocalized; (2) refusing to allow the occupancy of a real property, refusing to negotiate the occupancy of a real property, or otherwise making unavailable or deny to another person the occupancy of a real property because of that person's refusal to declaw or devocalize an animal; or (3) requiring a tenant or occupant of real property to declaw or devocalize an animal allowed on the premises. |
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Nahrstedt v. Lakeside Village Condominium Assoc. |
Neighborhood Association had covenants against pets. Woman had two cats (against rules) and was charge large fines for having them. She challenged the validity of the rule, as well as the method of enforcement.
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NJ - Stone Harbor - Chapter 147: Animals (Article V: Feral Cats) |
This Borough of Stone Harbor feral cat ordinance sets up a Trap, Neuter and Return (TNR) program outside of the area between 111th Street and the southern end of the Borough, as well as outside of the entire Bird Sanctuary and Stone Harbor Point areas. Under this ordinance, any feral cats found within the area between 111th Street and the southern end of the Borough, the Bird Sanctuary, or the Stone Point area must be captured and transported to the County Animal Shelter for handling in accordance with the interlocal agreement between the Borough and the county applicable to such animals. Caregivers, who are uncompensated volunteers, serve to facilitate the TNR program and their duties, as well as potential penalties for not complying with their duties, are indicated within this ordinance.
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Overview of Feral Cat and Wild Bird Controversy |
This overview outlines the factors that have contributed to the cat population crisis and resulting feral cat concerns. It discusses the approaches used in different states to manage feral cat populations, and how a recent trend is to view them as "community cats" instead of "feral cats." The controversy surrounding this shift in caring for community cat populations, and the resulting impact on wild bird populations, is also explored. |
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Overview of Feral Cat Population Control |
This is an overview of issues regarding feral cats. Concerns about feral cat populations include the spread of disease and predation of endangered or protected species of birds. There is disagreement over how best to deal with cat overpopulation.
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People for Ethical Treatment of Animals, Inc. v. Wildlife in Need & Wildlife in Deed, Inc. |
In this case, the Plaintiff (PETA) filed a complaint for injunctive relief against the Defendants (WIN) alleging violations of the Endangered Species Act (ESA) relating to the declawing of the Defendants' captive Big Cats (lions, tigers, and hybrids). WIN operates as a AWA-USDA licensed wildlife exhibitor and charges the public a fee to directly interact with the Big Cat Cubs. Notably, the court indicates that WIN has been cited for more than 50 times for failing to meet minimum standards under the AWA. Defendants "routinely" declaw the Big Cats, not out of medical necessity, but because it "makes them easier to handle." Testimony showed that two Big Cat Cubs died as the result of complications from declawing and Defendants do not provide post-surgical pain medication or antibiotics. In October of 2017, the court issued a temporary restraining order preventing Defendants from declawing, and, the following December, Plaintiffs filed the present Motion for Preliminary Injunction. The court held a hearing in January 2018 in which the court heard evidence and arguments. In reviewing the factors supporting issuance of a preliminary injunction, the court found there was a likelihood of success in proving the declawing and baby cat "play" time constituted takings under the ESA. In addition, there were no adequate remedies available at law and the court held irreparable harm would result from the declaws. Thus, the court GRANTED Plaintiff’s motion for preliminary injunction. |
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Pron v. Tymshan |
This case was filed by the previous owner (plaintiff) of an Abyssinian cat named Murchik, who was seeking to recover possession of the cat. Plaintiff took care of the cat for several years, but eventually lost their job and their housing, and needed to give the cat to a friend (defendant) who agreed to house the cat while plaintiff was living in a shelter. Plaintiff and defendant eventually disagreed over who was the rightful owner of the cat, with plaintiff insisting that defendant was temporarily watching the cat and defendant insisting that they were the rightful owner of the cat. Plaintiff filed this case to repossess the cat. The court considered that New York law traditionally treated companion animals as personal property, and the party with the superior possessory right to the animal would be awarded the animal. However, the court was moving towards a "best for all concerned" standard, which would consider factors such as why each party would benefit from possession of the pet, and under whose possession the cat would have a better chance of thriving. The court found that plaintiff had the superior possessory right in the cat, since plaintiff was the original purchaser of the cat and there was no evidence that plaintiff intended to give the cat to defendant permanently. The court then looked to the other factors, and found that since plaintiff's living situation had stabilized, both parties were equally capable of ensuring the cat would thrive in their care. However, since plaintiff had cared for the cat for over five years, and defendant had cared for the cat for under a year, plaintiff had a slight advantage in showing they could care for the cat. Therefore, the court awarded possession of the cat to plaintiff. |
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RI - Cats - Chapter 22. Cat Identification Program and Chapter 24. Permit Program for Cats |
These Rhode Island section is entitled the "Cat Identification Program." Under this law, cats are required to display some form of identification (tag, tattoo, etc.) in an effort to reduce the feral/stray cat problem. The law reduces the retention period for cats impounded without some form of identification. |
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Rickrode v. Wistinghausen |
In this Michigan case, a mother sued as next friend for injuries suffered by her daughter after the daughter was attacked by defendant's domestic cat. The lower court directed a verdict in favor of the cat's owner and the mother then appealed. The Court of Appeals held that evidence warranted submission to the jury on questions of strict liability and negligence. If an owner has knowledge that her cat has bitten children before and that it was suffering from a disease that makes the cat extra sensitive, then a prima facie case has been made that the cat was dangerous, posing more than the normal risk of harm from cats.
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Rossi v. Mohawk and Hudson River Humane Soc. |
Petitioner-Debtor challenged the Bankruptcy Court’s denial of Petitioner’s application for a Temporary Restraining Order and for a stay pending appeal after the Mohawk and Hudson River Humane Society seized 23 cats from Petitioner’s prior home for failure to provide proper sustenance/cruelty to animals and subsequently obtained a bond against Petitioner for the cost of providing animal care.
The United States District Court, N.D. New York denied Petitioner’s motion for leave to appeal requesting relief identical to that which was denied by the Bankruptcy Court, finding that the exhibits submitted show that Petitioner was currently charged with four misdemeanors, and that the commencement of the criminal charges against Petitioner and the posting of security pending the disposition of such criminal charges fall within the exception to the automatic stay under federal law.
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