TNR and The Law: What Feral Caretakers Need to Know

Feral cat colony caretakers face many challenges: trapping for spay/neuter, paying for veterinary and food expenses, attempting to socialize the cats and kittens and finding good and loving homes for those that are adoptable. The legal issues surrounding caring for feral and stray cats rarely cross a good-hearted person's mind when they begin caring for these cats. Who could find fault with attempting to end the reproductive cycle and giving these homeless creatures a better life? Unfortunately, there are not only individuals but also national groups who find fault with this, and the laws can be interpreted to the benefit of either side.

Most laws and ordinances pertaining to companion animals were not written with feral cats in mind. In fact, many states and localities do not have specific cat ordinances, but rather focus on dogs, vicious/dangerous dogs, licensing dogs, etc. This leaves the general laws which pertain to "pets" or "companion animals" (i.e. not wildlife or livestock), as the guidelines for all cats, whether pampered housecats or feral. Within these laws are clauses that can and do affect colony caretakers, but which are generally ambiguous and open to interpretation.

Should these laws deter someone from caring for a feral cat colony? We certainly hope not! We present this information to educate caretakers so that they, in turn, can educate their neighbors and legislators and avoid potential legal issues. While ignorance may be bliss, it isn't a defense.

* Disclaimer: Every state, county and municipality has different laws, and even within the same legal boundaries are officials who will interpret those laws differently. The information here is intended to be a generic guideline to possible issues facing feral colony caretakers within the United States. Research your own local laws, talk to your local animal control officers, contact other rescue organizations and individual rescuers so you know what issues pertain to your area.

Cats and the Law

Many counties do not include cats specifically in their ordinances. The role of animal control also differs greatly, from full service shelters with education and sterilization programs as well as adoptions, to no shelter space at all with animal control's duties being to handle complaints and "dispose" of nuisances. The difference usually lies in the amount of funding animal control has in the budget. State laws generally cover the official duties and obligations of animal control, and also the cruelty/abandonment/neglect laws. However, local (county and city/municipality) ordinances may supercede state law if the local laws are more stringent. Issues that affect feral colony caretakers and rescuers are listed below, and may be found in state, county or city/municipal codes, if these clauses exist at all:

• Definition of ownership
• Mandatory Identification
• Mandatory Rabies Vaccination
• Cat Control (safely confined by house or owner supervision) or Restraint (leash, harness or similar device)
• Feral Cat Caretaker Registration Programs
• Mandatory registration (licensing)
• Cat Limitation (Restriction on number per household)
• Stray Feeding Bans
• Definition of Abandonment and Neglect
• Minimum care requirements

Cat issues in neighborhoods may also be addressed with nuisance or health codes.

Legislation and ordinances are public record, so do your homework in finding the statutes that apply, or contact a local rescue or shelter. They should be knowledgeable about the laws, and calls and emails can be made anonymously.

Ownership

Animal ownership is legally defined in many ways, but a common definition is providing food and medical care. While this can work in a rescuer's favor by granting "custody" of a neglected animal to the caretaker, this can also be used against colony caretakers. If the animals cause damage to property, i.e. ruining a prize rose bush by using the garden as a litter box, injuring someone's pet who is allowed to roam, etc., the caretaker could conceivably be held liable. More pressing are issues of licensing and required vaccinations, as the "owner" of the cat can be fined and the cats confiscated by animal control if these are not current.

Licensing, Required Vaccinations, "Leash" Laws and Pet Limits

At a minimum, most areas require companion animals be vaccinated for rabies. While this is generally done at the time of spay/neuter for TNR (Trap, Neuter, Return), yearly boosters are not always possible, which could put the animals and caretaker in violation of the Code. Additionally, some areas require licenses for all "owned" pets, that any owned animals be contained (i.e. in a fenced yard or on a leash), and/or that only a certain number of animals can be legally owned. Any of these can lead to difficulties for a colony caretaker or rescuer for obvious reasons.