Texas feral cat law question
randy pavatte
cats, and how the population of them is getting out of control. The
story went on to say that it is illegal to "maintain" these cats, which
I assume meant care for them in any way.
I live in a fenced townhome complex, and a woman who also lives here
brings food and water to a common area near my unit to feed any and all
cats that come.
At least two of the cats are definitely strays, so I'm wondering if I
have any recourse in this matter.
Besides, I have reason to believe one of these cats has been damaging my
car cover, so I'd like to find a reasonable solution to eliminate the
problem.
By legal definition, can a known stray be considered feral?
Do I have any legal rights to stop this woman from catering to the
strays in my complex?
Thank you for any input.
Randy
We're living in a world that's been pulled over our eyes to blind us
from the truth. Where are you, white rabbit?
http://community.webtv.net/DeepGroove/RandysHomeontheWeb
Bloated Elvis
for the newsgroup archives:
> I saw a story on the news recently in my city of Houston about feral
> cats, and how the population of them is getting out of control. The
> story went on to say that it is illegal to "maintain" these cats,
which
> I assume meant care for them in any way.
> I live in a fenced townhome complex, and a woman who also lives here
> brings food and water to a common area near my unit to feed any and
> all cats that come.
> At least two of the cats are definitely strays, so I'm wondering if I
> have any recourse in this matter.
> Besides, I have reason to believe one of these cats has been damaging
> my car cover, so I'd like to find a reasonable solution to eliminate
> the problem.
>
> By legal definition, can a known stray be considered feral?
> Do I have any legal rights to stop this woman from catering to the
> strays in my complex?
You have the right, and a common responsibility, to do the right thing.
The right thing would be to locate a local non-profit organization
dedicated to the humane treatment of innocent cats who find themselves
in the unfortunate position of being feral, and hungry.
Numerous pet cats are abandoned by their stupid idiot owners all the
time, and left to fend for themselves. They are innocent victims of
moronic, idiot humans.
Many communities will have a "cat lover" organization that arrange with
a local veterinarian to provide reduced cost for treatment and
sterilization of stray and feral cats. If you can't find such a group,
start one. Our local group is called "Feline Hope". They take in stray
and feral cats, treat them, and give them safe haven until adopted. If
not adopted, they remain at the facility, which is on a small piece of
donated property. It's all done with volunteer help. You'd be surprised
at how much volunteer help you can get with cats.
Any fool can see that supporting this kind of effort is the best
long-term solution. If you're not part of the solution, you're part of
the problem.
By doing this, you will
1- be a local hero,
2- help preserve the life of an innocent cat,
3- keep your conscience clear,
4- help have the cat "fixed" so that it won't produce any offspring,
ultimately reducing the feral cat problem,
5- eliminate your concern over legal matters with your neighbor.
Each is equally important, but, the value of maintaining peace with your
neighbors can't be overstated.
As for the car cover, you can get a can (or bottle) of that stuff you
spray on things you don't want cats messing with. It will be harmless to
your car cover, but will repel cats.
Now, please, go do the right thing. God is watching.
BE
Christopher Green
news:<pbl8pvkapkf3u1fh9...@4ax.com>...
> I saw a story on the news recently in my city of Houston about feral
> cats, and how the population of them is getting out of control. The
> story went on to say that it is illegal to "maintain" these cats, which
> I assume meant care for them in any way.
> I live in a fenced townhome complex, and a woman who also lives here
> brings food and water to a common area near my unit to feed any and all
> cats that come.
> At least two of the cats are definitely strays, so I'm wondering if I
> have any recourse in this matter.
> Besides, I have reason to believe one of these cats has been damaging my
> car cover, so I'd like to find a reasonable solution to eliminate the
> problem.
Roughly speaking, there are two sorts of people who feed stray cats,
and I would tailor my response to the sort of person I'm dealing with.
There are people who just think it's kind to feed stray cats. This is
ineffective and not so kind as they think it is, and it creates
nuisances. This sort of person is in need of re-education by the most
neighborly means that can be made to succeed. Although you could turn
her in to Harris County Animal Control, that is sort of a last resort.
There are people who feed stray cats as part of an organized
trap/neuter/release (goes by TNR, or similar names) program. These
people are dealing with the problem in a humane and generally
effective manner. There are several such programs in Texas, and there
is at least one such program in Houston, called Feral Cat Connection.
I would start by asking the feeder whether she's part of, or knows of,
any organized TNR program. If she isn't, I'd encourage her as strongly
as decorum allows to get involved in such a program, soon. If it
becomes plain that the problem can't be dealt with in a neighborly
way, I would then (but only then) take recourse to the complex
management and to Animal Control.
Some states, such as California, have a specific, nuanced definition
of "feral" cats. I don't know whether Texas does. I think the Harris
County ordinance you refer to doesn't make fine distinctions: a stray
is a stray is illegal.
--
Not a lawyer,
Chris Green
Paul Cassel
"randy pavatte" <DeepG...@webtv.net> wrote in message
news:pbl8pvkapkf3u1fh9...@4ax.com...
[wishes to be rid of stray cats]
>
> By legal definition, can a known stray be considered feral?
> Do I have any legal rights to stop this woman from catering to the
> strays in my complex?
>
control center to learn what you can do. In many cities, you can trap these
strays (any cat that wanders onto your property can, in most cases, be
called a stray) and then deliver them to animal control for disposal. My
city provides such traps for a trivial fee of $1 per week. Of course, once
trapped, you can also take them out somewhere for release which will likely
feed a coyote or two.
-paul
Not Me
(Christopher Green) wrote:
>DeepG...@webtv.net (randy pavatte) wrote in message
>news:<pbl8pvkapkf3u1fh9...@4ax.com>...
>> I saw a story on the news recently in my city of Houston about feral
>> cats, and how the population of them is getting out of control. The
>> story went on to say that it is illegal to "maintain" these cats, which
>> I assume meant care for them in any way.
>> I live in a fenced townhome complex, and a woman who also lives here
>> brings food and water to a common area near my unit to feed any and all
>> cats that come.
>> At least two of the cats are definitely strays, so I'm wondering if I
>> have any recourse in this matter.
>> Besides, I have reason to believe one of these cats has been damaging my
>> car cover, so I'd like to find a reasonable solution to eliminate the
>> problem.
>
>Roughly speaking, there are two sorts of people who feed stray cats,
>and I would tailor my response to the sort of person I'm dealing with.
>
>There are people who just think it's kind to feed stray cats. This is
>ineffective and not so kind as they think it is, and it creates
>nuisances. This sort of person is in need of re-education by the most
>neighborly means that can be made to succeed. Although you could turn
>her in to Harris County Animal Control, that is sort of a last resort.
In the City of Houston, call 311 and ask for animal control. It is
illegal to feed a stray at all. It is illegal to allow yur cat to be
outside your porperty without being on a leash.
>
>There are people who feed stray cats as part of an organized
>trap/neuter/release (goes by TNR, or similar names) program. These
>people are dealing with the problem in a humane and generally
>effective manner. There are several such programs in Texas, and there
>is at least one such program in Houston, called Feral Cat Connection.
A trap and euthanize program is also very effective and prevents the
feral cats from bothering any of the neighbors. We have the same
problem in our townhouse comlplex, with one resident that trapped,
neutered, and released some feral cats. The cats spend most of their
time in other folk's yards, digging up flower beds, and buurying
waste. We have no squirrels and about one tenth the birds we used to
ahve before the cats appeared. We have more fleas than any time in th
efive years we've lived here. At least three of the cats have met
their demise via automobile impacts. The only good feral cat is a dead
feral cat. They serve no useful purpose and are nothing more than
vermin.
Arthur L. Rubin
>
> On Thu, 23 Oct 2003 14:37:00 -0400, cj.g...@worldnet.att.net
> (Christopher Green) wrote:
> >There are people who feed stray cats as part of an organized
> >trap/neuter/release (goes by TNR, or similar names) program. These
> >people are dealing with the problem in a humane and generally
> >effective manner. There are several such programs in Texas, and there
> >is at least one such program in Houston, called Feral Cat Connection.
>
> A trap and euthanize program is also very effective and prevents the
> feral cats from bothering any of the neighbors.
And may be illegal in some states or localities. For that matter,
even if legal, if you trap and euthanize a cat which later
turns out to have been owned (and perhaps stolen and released),
the owner may be able to succesfully sue the trapper.
Some states, counties, or cities may have recognized trap, neuter,
and release programs. (I'm pretty sure Maricopa County, Arizona,
any area not generally known for civilized behavior, did at
one time in the late 90s.)
--
This account is subject to a persistent MS Blaster and SWEN attack.
I think I've got the problem resolved, but, if you E-mail me
and it bounces, a second try might work.
However, please reply in newsgroup.
Stan Brown
misc.legal.moderated, Arthur L. Rubin <ronni...@sprintmail.com>
wrote:
> For that matter,
>even if legal, if you trap and euthanize a cat which later
>turns out to have been owned (and perhaps stolen and released),
>the owner may be able to succesfully sue the trapper.
What tort would have been committed?
If the trap-and-euthanize program is legal, and the animal has no
collar or tag, the program operator can hardly be said to be
negligent.
--
If you e-mail me from a fake address, I'll delete it unread.
I am not a lawyer; this is not legal advice. When you read anything
legal on the net, always verify it on your own, in light of your
particular circumstances. You may also need to consult a lawyer.
Stan Brown, Oak Road Systems, Cortland County, New York, USA
http://OakRoadSystems.com
Arthur L. Rubin
> In article <8gtqpvo6v39u3neae...@4ax.com> in
> misc.legal.moderated, Arthur L. Rubin <ronni...@sprintmail.com>
> wrote:
> > For that matter,
> >even if legal, if you trap and euthanize a cat which later
> >turns out to have been owned (and perhaps stolen and released),
> >the owner may be able to succesfully sue the trapper.
>
> What tort would have been committed?
Negligent infliction of emotional distress. (Assuming the
cat is fixed and not apparently "feral".) Turning the cat
in to the humane society might have the same effect
as the trap-and-euthanize program, but is recognized
as being reasonable.
>
>
> If the trap-and-euthanize program is legal...
We don't know that it IS. We only know it's been
asserted to be by some posters.
Katherine Griffis-Greenberg
<the_sta...@fastmail.fm> in misc.legal.moderated, wrote the
following:
When argued that if a trap and euthanize program dispatched a wandered
pet cat of an owner, right to sue could be possible.
>What tort would have been committed?
Destruction of personal property of the owner without his permission.
Depending upon certain state laws, punitive damages could be possible.
>If the trap-and-euthanize program is legal, and the animal has no
>collar or tag, the program operator can hardly be said to be
>negligent.
Many pets are now micro-chipped (my cats are): if the trap and euthanize
program did not take due care to check _all_ possibilities of
identification of the animal (beyond visual inspection of collar and
tag, which is pretty meaningless for cats who will rub them off as soon
as they are able), then I could see a possible successful action against
the program.
Just a thought.
Katherine Griffis-Greenberg, J.D.
DISCLAIMER:
Not a practicing attorney, and no attorney-client relationship
is created. This response is for discussion purposes only. It
isn't meant to be legal advice. If you wish legal advice, seek
out an attorney in your own state who is familar with your
state's laws and applications thereof.
Not Me
<egy...@griffis-consulting.com> wrote:
>On Tue, 28 Oct 2003 17:34:57 -0500, Stan Brown
><the_sta...@fastmail.fm> in misc.legal.moderated, wrote the
>following:
>
>When argued that if a trap and euthanize program dispatched a wandered
>pet cat of an owner, right to sue could be possible.
>
>>What tort would have been committed?
>
>Destruction of personal property of the owner without his permission.
>Depending upon certain state laws, punitive damages could be possible.
>
>>If the trap-and-euthanize program is legal, and the animal has no
>>collar or tag, the program operator can hardly be said to be
>>negligent.
>
>Many pets are now micro-chipped (my cats are): if the trap and euthanize
>program did not take due care to check _all_ possibilities of
>identification of the animal (beyond visual inspection of collar and
>tag, which is pretty meaningless for cats who will rub them off as soon
>as they are able), then I could see a possible successful action against
>the program.
>
>Just a thought.
A couple of thoughts here. First, a suit implies the owner knew what
happened to the cat. Chances are the cat will have just disappeared -
happens all the time when negligent owners don't keep the cat inddors
where it belongs.
Second, everything I've ever heard says that in Texas, pets are simple
peroperty. Unless the cat is a valuable breeder, it's not worth much.
Katherine Griffis-Greenberg
misc.legal.moderated, wrote the following:
>On Wed, 29 Oct 2003 17:56:27 -0500, Katherine Griffis-Greenberg
><egy...@griffis-consulting.com> wrote:
<snip>
<when asked if a tort could have been committed if a pet was euthanized
by a trap and euthanize program. I noted the following>:
>>Many pets are now micro-chipped (my cats are): if the trap and euthanize
>>program did not take due care to check _all_ possibilities of
>>identification of the animal (beyond visual inspection of collar and
>>tag, which is pretty meaningless for cats who will rub them off as soon
>>as they are able), then I could see a possible successful action against
>>the program.
>>
>>Just a thought.
>
>A couple of thoughts here. First, a suit implies the owner knew what
>happened to the cat. Chances are the cat will have just disappeared -
>happens all the time when negligent owners don't keep the cat inddors
>where it belongs.
Normally, if people care enough to identify their pets as I outlined,
with such systems as micro-chipping, they tend _not_ to be "negligent
owners." Mistakes occur and cats do get out. However, this does not
imply abandonment or even a feral nature to the cat.
If the pet is a favoured pet to the extent of micro-chipping, chances
are the owner will take great measures to retrieve the pet. He/she will
alert authorities such as a humane society, and lost pet organizations,
such as spay/neuter, and/or a trap and euthanize program of the cat's
loss.
Merely because a cat is outside doesn't mean it's been abandoned. It
could genuinely mean it's merely be separated from his owner, who is
desperately trying to find it.
>Second, everything I've ever heard says that in Texas, pets are simple
>peroperty. Unless the cat is a valuable breeder, it's not worth much.
That would depend on several factors these days, and not the least of
which is the fact that you still converted another's property without
their permission. If a cat costs $500 or was free does not alter the
fact that, even as property, it was not the organization's right to
dispose of the cat to begin with.
Further, Texas Criminal Code does indicate that killing an animal
without assuring the owner's permission is an act of cruelty and is a
felony under the law. See Title 9, 42.09 (5), which reads
"...42.09. Cruelty to Animals
a) A person commits an offense if the person intentionally or
knowingly:
<...>
(5) kills, seriously injures, or administers poison to an animal, other
than cattle, horses, sheep, swine, or goats, belonging to another
without legal authority or the owner's effective consent;
.....
(e) It is a defense to prosecution under Subsection (a)(5) that the
animal was discovered on the person's property in the act of or
immediately after injuring or killing the person's goats, sheep, cattle,
horses, swine, or poultry and that the person killed or injured the
animal at the time of this discovery.
...
(g) An offense under Subsection (a)(1), (5), (6), (7), or is a state
jail felony, except that the offense is a felony of the third degree if
the person has previously been convicted two times under this section."
Source: <http://www.law.utexas.edu/dawson/cruelty/tx_cruel.htm>
In Texas Penal Code Title 9, Chapter 42:
<http://www.capitol.state.tx.us/statutes/pe/pe0004200.html#pe012.42.09>
Therefore, to merely kill a wandering cat simply because it tears up the
bushes, uses the bathroom in your yard, etc., is considered cruelty
because quite frankly you cannot ascertain by looking at a cat if it is
a "feral" cat, or merely a misplaced pet.
If an authorized pet control (read: the state-mandated authorities)
comes for the cat, and takes it in, then it should make every effort to
ascertain the pet's owner in the way I described earlier. If they fail
to do this, they _may_ come not only under Texas animal cruelty laws in
the penal code, but also for civil action. It also appears to be a
requirement under the Texas Health and Safety Rules that an animal in
the state's possession such steps be taken before the animal can be
disposed of.
Regards --
JerryMouse
> I saw a story on the news recently in my city of Houston about feral
> cats, and how the population of them is getting out of control. The
> story went on to say that it is illegal to "maintain" these cats,
> which I assume meant care for them in any way.
> I live in a fenced townhome complex, and a woman who also lives here
> brings food and water to a common area near my unit to feed any and
> all cats that come.
> At least two of the cats are definitely strays, so I'm wondering if I
> have any recourse in this matter.
> Besides, I have reason to believe one of these cats has been damaging
> my car cover, so I'd like to find a reasonable solution to eliminate
> the problem.
>
> By legal definition, can a known stray be considered feral?
> Do I have any legal rights to stop this woman from catering to the
> strays in my complex?
You can snitch her out to the cops.
If they catch her maintaining the felines, they'll write her a citation. She
will go to court, promise not to do it again, get a small fine or warning,
then continue her mission in secret.
I, for example, put out food for the neighborhood opossum and racoons. Damn
cats get the food most of the time.
If you are certain the cats in question are feral, the best thing to do is
trap them, take them to a vet for a check-up, necessary innoculations, and
sterilization, then release the kitties where you got them.