Cats

Summary:

After neighbors shot a cat, the owners sued to recover costs of its medical care and punitive damages. The owner of an injured pet may recover the lesser of the diminution of the market value of the animal, or the reasonable cost of repair.  The Court of Appeal held that the owner could recover damages for costs incurred in treating the cat even if the costs exceeded the market value of the cat. The owner could also recover punitive damages upon a showing that the shooting was willful.

Summary:

Dog owners mounted a constitutional challenge to a Los Angeles municipal ordinance that required all dogs and cats within the city to be sterilized. The Court of Appeal held that the ordinance did not violate the owners’ freedom of association rights, free speech rights. or equal protection rights. The court held that it was not unconstitutionally vague, was not outside of the city's police powers, did not vest unfettered discretion in city officials, did not constitute an unconstitutional prior restraint or an unconstitutional taking. Finally, the law did not violate individual liberties under the California Constitution.

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: Defendant was convicted of animal cruelty for keeping 92 cats in a single trailer, allowing less than one square foot of space for each cat.  The court found that the conviction could be sustained upon proof that defendant either deprived animals of necessary sustenance, drink, or shelter, or subjected them to needless suffering.  Further, the court found that the defense of necessity (she was keeping the cats to save them from euthanasia at animal control) was not available under circumstances of case.

Summary:

Krystal R. Allen pleaded no contest to two counts of cruelty to animals after animal control officers came to her home and found 180 to 200 cats, 3 dogs, 13 birds, and 3 chickens in deplorable conditions. She was sentenced to a 30-day jail term and was placed on probation for 10 years. One of the conditions of Allen's probation prohibits her from possessing any animals other than her son's dog. In first deciding that its jurisdictional reach extends to claims not just based on the term of imprisonment, the court concluded that the district court did not abuse its discretion by restricting Allen's possession of animals during the term of her probation.  

Summary:

A majority of states have enacted laws requiring releasing agencies to sterilize cats and dogs they adopt out in an effort to reduce the number of unwanted animals. Exceptions to the mandatory sterilization laws are often made for owners and for medically unfit animals. Violations are punishable both civilly and criminally.

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:

Some cities and towns have attempted to address pet nuisance issues by limiting the number of pets a person can own. These laws are sometimes challenged by pet owners because the laws impact pet owners’ property rights. However, courts usually uphold the laws if they are rationally related to protecting the public health, safety, and welfare.

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.