Enforcing
Good Feline Citizenship:
Putting it Into Law
Enforcing
Good Feline Citizenship: |
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| Cats and Municipal
Ordinances
Note: Scroll down page to the chart, if you'd prefer to skip all this
fascinating preamble for now. And yet, communities’ animal control ordinances vary widely. While some don’t venture far beyond the doggie basics mentioned above, others include material illuminating objectives behind the ordinance, in some instances stating a right of property owners to be free of uninvited animals’ nuisance behavior, forms of which may be clearly spelled out. (And yes, the description usually lists defecation and urination as forms of property damage). By law in these communities, the onus is on animal owners to keep their pets where they belong, and property owners need not resort to civil action to rein in those who allow their animals to stray. In general though, ordinances differ in terms of the extent to which they provide enforcement "teeth" in the form of well-defined animal owner responsibilities and FINES for violating those limits. More interesting still from our standpoint, however, is that ordinances differ in terms of the species they choose to cover. While many continue to stick to your basic doggie, a significant number have broadened the animal control role to include additional species, most notably cats. Why cats? Consider: Allowed to breed unchecked, cats quickly achieve numbers that far outstrip a neighborhood’s carrying capacity, producing a self-perpetuating base of half-wild (or "feral") strays that can degrade a neighborhood’s quality of life. They may be allegedly under some person’s care or they may have no human affiliations whatever, but regardless of whether some foolish and inconsiderate doodoohead in the neighborhood has undertaken, out of the feigned goodness of his or her heart, to nurture the area’s strays by setting out food, the simple fact of the matter is that a few breeding cats can, in fairly quick order, spark a feline population explosion that races out of control like a wildfire. Hopefully, the following table will serve as a helpful starting point for communities
that are trying to learn what’s out there in the way of codified strategies for
inducing irresponsible cat-feeders to adopt better cat care habits – habits which
offer the tremendous added benefit of improving the human neighborhood’s quality of
life by holding the feline strays population well in check. Granted, any normal
neighborhood is always going to have a certain number of cats roaming "at
large," a frustration to the most persnickety property rights advocates in our midst,
but where cats are concerned it’s important to realize that a balance between
property rights and animal owner rights is almost strictly a numbers thing: If the numbers
of critters are kept within reason, any reasonable neighbor should be willing to overlook
the occasional feline trespass.
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| Anchorage,
Alaska: This city's code isn't as descriptive as many other cities' is in
defining an animal-created "public nuisance," but its pointed use of sleep
deprivation as one criterion is a little unusual. It reads: "A. No owner of an animal may permit it to disturb another person by making repeated or continued noise which interferes with the latter's sleep, work or reasonable right to peace or privacy." The remainder of the "public nuisance" description: "B. No owner of an animal may permit it to leave feces or upset garbage on public property or private property of another." (Click here to return to chart) Sitka, Alaska: This city's code does not include cat-specific regulation, but I've included it on the chart merely to pass along the following portion of its code pertaining to the problem of finding homes for stray animals. Of particular interest is the section I've set in italics (italics mine). "...the Animal Control Officer (ACO), enforces all City and State animal control ordinances and maintains and monitors the Sitka Animal Shelter, performing impounds, adoptions and all euthanasia. There are 32 Animal Shelter Volunteers with a core staff of 20. The volunteers are invaluable, as they clean the kennels, feed and water the animals, as well as socializing them. The Sitka Animal Shelter offers free animal adoptions to the City senior citizens, and free spay and neuters to all fixed or low income households. There are approximately 600 animals impounded annually and from 250 to 350 animals adopted through the Sitka Animal Shelter. There are also 200 to 300 animals euthanized annually. As a pet owner, you can add to the overpopulation problem or help end it. Don't fool yourself into thinking that if you find a home for each of your pet's offspring you avoid adding to the number of homeless pets. Actually, you've only eliminated potential homes for other waiting animals. Only so many responsible, caring homes exist, especially in our small community, and finding a home for one of your pet's offspring inevitably dooms some other cat or dog."The ACO is active in the community, teaching 500 to 600 preschool through elementary students each year how to be responsible pet owners, how to avoid dog bites and the importance of respecting living things. As a responsible pet owner it's important to be reminded that a large portion of the dogs and cats seen by the veterinarians in Sitka are avoidable injuries. One Veterinarian has stated that 80% of the cats he treats are for injuries sustained during cat fights. The safest place for a cat is indoors. That glamorous vision of letting a cat "roam free" can and is the cause ofmost lost, injured and deceased cats." (Click here to return to chart) Tucson, Arizona: A weak and almost totally unremarkable code for cat control, save for the following piece: "It shall be unlawful for any person to harbor or keep within the city any lost or strayed animal. Whenever any animal shall be found which appears to be lost or strayed, it shall be the duty of the finder to notify the animal shelter or pound at once." (Return to chart) San Jose, Calif:
The code aggressively addresses the issue of litters and the health of transferred
animals, and includes a one-litter-per-year limit per property that isn't a licensed
kennel or shelter. "1. Molests passersby or chases passing vehicles; "2. Attacks other animals; "3. Trespasses on school grounds; "4. Is repeatedly at large; "5. Damages private or public property; "6. Barks, whines, or howls in an excessive or untimely fashion." (Return to chart)Arvada, Colo.: Code provides broad authority to trap ("humane" traps specified), and even provides for animal control officers' use of firearms against strays. Code mentions that kennels must conform to zoning and health laws: "If the animal control officer or the zoning code enforcement officer finds that the holder of any kennel license is violating any zoning law, health law, or any other law of the state or the city, or is maintaining said facility in a manner detrimental to the health, safety or peace of mind of any person residing in the immediate vicinity, he shall report such fact to the city clerk, and said license shall not be renewed except after a public hearing before the city council." Along these same lines, the code later states: "(d) The city council may suspend or revoke a kennel license if, pursuant to a public hearing, it finds any of the following: "(1) The kennel is maintained in violation of any applicable law of the state or the city. "(2) The kennel is maintained so as to be a public nuisance. "(3) The kennel is maintained so as to be detrimental to the health, safety or peace of mind of persons residing in the immediate vicinity." (Return to chart)Jacksonville, Fla.: Code spells out plenty of situations in which irresponsible animal owners (including cat owners) can incur fines, and repeat offenses quickly reach an almost prohibitively expensive realm. The law is written as though someone really means business, but it also stands as an advocacy statement for animals. We here quote at length an impressive section which happens to include the fines: "The Animal Care and Control Center wants to remind everyone . . . "Allowing dogs or cats to run loose is against the law. First offense: $100; second offense: $250; subsequent offenses: $500. Allowing a female dog or cat that's in heat to be on public property or to be on private property but outside a building or enclosure secure enough to keep male animal out is against the law. First offense: $100; second offense: $200; subsequent offenses: $300. "Dogs and cats over 4 months old must always wear current City license tags. First offense: $50; second offense: $100; subsequent offenses: $150. Every Tax Collector's office and almost every veterinary clinic in our area issue City licenses and tags. And please remember: a City tag is a lost pet's ticket home. "Failure to clean up after a pet that soils someone's else's private property without permission is against the law. First offense carries a $50 fine; and subsequent offenses carry stiffer fines. "Allowing a pet to make objectionable noise continuously for a period of an hour or more is against the law -- and a citation can be issued if only one person signs an affidavit. First offense carries a $50 fine; and subsequent offenses carry stiffer fines. "Allowing a pet to make objectionable noise (or to create any other sort of nuisance, such as odor or running at large) habitually is against the law -- and a citation can be issued if only two people sign affidavits. First offense carries a $50 fine; and subsequent offenses can carry fines up to $250. "Allowing a dog or cat to damage someone else's property is against the law. First offense carries a $100 fine, and subsequent offenses carry stiffer fines. "Failure to provide a pet with adequate food, water, shelter, or veterinary care is against the law -- and a and a citation can be issued if only one person signs an affidavit. First offense carries a $500 fine; and subsequent offenses carry stiffer fines. "Allowing an unlicensed dog or cat which has not been spayed or neutered to be in violation of ordinances concerning nuisances, inoculation, registration, tag-display, or running at large is punishable by an additional fine of $100, which may be avoided after citation by having the animal spayed or neutered within ten days. "Owners of lost pets should search our community's shelters often. The City will give you a $20 rebate if you have a dog or cat with a $16 City tag spayed or neutered. And the license fee for a spayed or neutered animal is discounted down to only $6! Don't litter -- spay and neuter! "Financially disadvantaged and in need of financial assisstance to have a dog spayed or neutered? -- find out about the Spay Neuter Assistance Program, 'S.N.A.P.', cosponsored by the Jacksonville Veterinary Medical Society, the City's Animal Care and Control Center, and the Jacksonville Humane Society. Call... for application forms and information! "Our community's animal shelters are excellent sources of healthy, attractive, well-tempered, inexpensive dogs, puppies, cats and kittens. At the Animal Care and Control Center, dogs and puppies are only $50, and cats and kittens are only $35 -- and the adoption fee includes the cost of spay/neuter!" (Return to chart)Kansas City, Kan.: A fairly unremarkable code, save for the fact that it clearly states that cats, in addition to dogs, must be on leash when not confined. Following are the code's only interesting paragraphs: "Leash Law: All dogs and cats are required to be leashed or in a confined area when not in direct control of the owner. Underground electronic fencing is acceptable. "Females in Heat: Female animals in heat must be kept in an enclosed area. It is unlawful for the animal to run in the yard or other open space. SPAY YOUR PET." (Return to chart) Minneapolis, Minn.: Another city with an overall unremarkable ordinance, but it does have a low numerical limit on animals allowed. Plus, the procedure for legally surpassing the limit is interesting: "64.100. Maximum number animals of the dog or cat kind. (a) No owner or caretaker of any residential building shall knowingly allow more than three (3) animals of the dog or cat kind over the age of four (4) months to be kept, harbored or maintained within any residential building or on any residential lot or parcel of property in the city without a permit. "(b) The number of dogs or cats permitted in subsection (a) may be increased by obtaining a permit issued by the commissioner of health. Such permit shall specify any restrictions, limitations, conditions or prohibitions which the commissioner of health deems reasonably necessary to protect any person or neighboring use from unsanitary conditions, unreasonable noise or odors, or annoyance, or to protect the public health or safety. Such a permit may be modified from time to time or revoked by the commissioner for failure to conform to such restrictions, limitations, conditions or prohibitions. Such modification or revocation shall be effective from and after ten (10) days following the mailing of written notice thereof by certified mail to the person or persons keeping or maintaining such dogs or cats." (Return to chart) Athens, Tenn.: Weak and generally uninteresting, except for following paragraph about injury, damage. (Italics in paragraph added): "10-116. Civil liability of owners for injury caused by animals. Any person who owns, keeps, or harbors any animal which, while upon the premises of another, or upon public property, causes damage or injury to any person, domestic animal, or property, shall be held liable in damages, to such person, domestic animal or property. The lack of knowledge of the vicious or destructive nature of such animal, shall have no bearing upon the question of liability of the person owning, keeping, or harboring such animal." (Return to chart)
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