Cat Issues or Feral Cats

Summary:

The appellant in this case, the Ernest Hemingway Home and Museum in Key West, Florida ("Museum"), appeals the lower court's determination that it is an animal exhibitor for purposes of the Animal Welfare Act ("AWA"). Appellant contends that while admission is charged for the Museum, it does not exhibit the Hemingway cats to the public for compensation; thus, the cats are not distributed through interstate commerce. The court, however, found that since the AWA itself is ambiguous on the question of whether "distribution" includes the fixed-site commercial display of animals, the USDA's broader interpretation of "distribution" and "exhibitor" are entitled to legal deference. While the court sympathized with the museum's frustrations, it affirmed the district court's findings of law and held that Museum is an AWA animal exhibitor subject to USDA regulation

Summary:

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.  

Summary:

A California appellate court 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.  The plaintiffs were members of a family residing in a home located next to an apartment complex.  Upon moving into the home, the family noticed that many domestic and feral cats were defecating and urinating in the plaintiffs’ yard.  The plaintiffs claimed that the cats were attracted due to the failure of the neighboring apartment complex to ensure that its tenants placed lids on the trash receptacles.  The appellate court partially reversed the trial court’s grant of summary judgment, holding that the defendants could, in fact, be liable under a nuisance theory for damages arising from actions that caused “the presence of [a] large number of cats on Plaintiffs’ property.”

Summary:

This California case centers on an anti-cat declawing ordinance passed by the city of West Hollywood in 2003.  On cross-motions for summary judgment the trial court concluded West Hollywood's anti-declawing ordinance was preempted by section 460 and entered judgment in favor of the CVMA, declaring the ordinance invalid and enjoining further enforcement.  On appeal, however, this Court reversed, finding section 460 of the veterinary code does not preempt the ordinance.  Although section 460 prohibits local legislation imposing separate and additional licensing requirements or other qualifications on individuals holding state licenses issued by agencies of the Department of Consumer Affairs (DCA), it does not preclude otherwise valid local regulation of the manner in which a business or profession is performed.

Summary:

This is a brief overview of feral cat population issues. Opposing viewpoints on cat control are presented. Issues of legal liability for cat predation are explored.

Summary:

Most state cat laws deal with anti-cruelty and health concerns, such as requiring rabies vaccinations. A majority of states address over-population by requiring shelters to sterilize animals they adopt out, but otherwise consider free-roaming and feral cats to be a local issue. Local governments deal with the problems associated with these cats, such as nuisance, trespass, property damage, and destruction of native wildlife.

Summary:

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.

Summary:

This overview discusses state laws that impact feral cats. The article analyzes the concept of "ownership" as it concerns feral cats, and outlines some of the legal considerations for feral cat caretakers.

Summary:

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.

Summary:

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.