Thus, the most rational way to determine ownership of feral cats is to use a modified version of the legal regime for owners of domestic animals, in which courts look at the extent to which a particular keeper or caretaker has exercised control over a feral cat and then imposes limited liability in a way that reflects that level of ownership. The problem, however, is that people do not generally possess a feral cat in the same way that they would possess a dairy cow, a housecat, or a parrot. Under Virginia law, local governments may . Illinois explicitly exempts feral cat caretakers from its definition of animal ownership, as long as the caretaker is participating in an authorized trap-neuter-release program (TNR program). Division 14.5. Debunking the Myths and Misinformation: Cat Predation Why Eradication Methods Fail Handbook Download Cat Health & Supplies Health Care for Your Cat > Vaccines Wellness Vet Checkups Microchiping Nail Trimmings Cloudy. However,its important to understand the diverse legal aspects before doing so. Fish and Game Code. (c) If a veterinarian licensed to practice veterinary medicine in this state certifies that a cat is too sick or injured to be spayed or neutered, or that it would otherwise be detrimental to the health of the cat to be spayed or neutered, the adopter or purchaser shall pay the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group a deposit of not less than forty dollars ($40), and not more than seventy-five dollars ($75). Commission does not consider feral cats to be a wild mam-mal or wildlife species as defined in Chapter 37 of the Nebraska statutes (37-246, 37-247). See David Favre & Murray Loring, Animal Law 2125 (1983) . In Kyles , the plaintiffs were members of a family residing in a home located next to an apartment complex. Winds N at 15 to 25 mph. (b) Any person who provides false information pursuant to this subdivision about his or her ownership of the cat shall be liable to the true owner of the cat in the amount of one thousand dollars ($1,000). The same level penalty can apply, or the penalties may increase upon a second or third violation. Legislative findings and declarations. The reasoning in these cases could be applied to feral cat keepers in caretakers in jurisdictions that consider keepers and caretakers to be owners. Cal. Select from the 0 categories from which you would like to receive articles. Generally, the state laws that do address these issues do not create substantive guidelines. In states and local jurisdictions where caretakers or keepers of feral cats are considered owners, it is quite possible that a feral cat caretaker could be subject to tort liability for trespass and nuisance claims. The contents of My Animals are written for informational purposes. What's the city's plan on doing about the growing problem at hand? For the rules in the city, we turned to Tammy Davis, animal control supervisor for the city of Bakersfield, who cited a section of code that defines prohibited activity in city parks. (2)(A) Notwithstanding paragraph (1), a kitten under eight weeks of age that is reasonably believed to be unowned may be available immediately for adoption beginning on the day on which the kitten is seized, taken up, or impounded, through the entire holding period. The answer to this question is likely to depend on the degree of control that the individual exercises over the cats. In that case, the recipient may receive a reimbursement of the sterilization deposit by submitting to the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group within the sterilization period a signed letter from a veterinarian licensed to practice medicine in this state stating that the animal has died. All cats, friendly or feral/unsocial, brought in for participation in the CCAS Community Cat Program must be in a trap, one cat per trap. (b)(1) Except as provided in Sections 17006 and 31752.5 and paragraph (2), stray cats shall be held for owner redemption during the first three days of the holding period, not including the day of impoundment, and shall be available for owner redemption or adoption for the remainder of the holding period. There is no county law prohibiting the feeding of wild animals. (b) Deposits shall be in the amount determined by the shelter, but shall not be less than forty dollars ($40) and shall not exceed seventy-five dollars ($75). (For further discussion of general issues pertaining to feral cats and feral cat colonies, see Anthony B. Lacroix, Feral Cats , Animal Legal & Hist. Chapter 1. The law in California that allows non-profit organizations to remove feral cats from animal shelters as an alternative to destruction appears to incorporate past lessons on the need for public support. Virginias comprehensive animal statute is a clear illustration of how a caretaker might be exposed to criminal liability for failure to comply with registration and spay/neuter requirements. Birds and Mammals. at 98384, 98890. Jan. 1, 2016; Stats.2019, c. 216 (A.B.273), 12, eff. In one recent case, a California appellate court recently 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. Amended by Stats.2004, c. 253 (S.B.1301), 7.). As discussed above, the issue in Baker required the court to interpret a feral cat ordinance . "Such a project would cost on the order of $20 million. Winds light and variable. ), 31751.7. And these colonies can be a threat to public health. Also, if feeding wild animals is prohibited and the law doesn't clearly define feral cats as domestic animals, it should be addressed. In addition to any required spay or neuter deposit, the public or private shelter, at its discretion, may assess a fee, not to exceed the standard adoption fee, for animals adopted or released. TNR/Community Cat Care Financial Resources, How Rescuers Can Effectively Adopt Out Cats, Debunking the Myths and Misinformation: Cat Predation, Solutions to Prevent Surrendering your cat, Press Release on African Wildcat Campaign, Differences between AWCs and domestic cats, click here to see why feeding bans do not work, http://cfa.org/Portals/0/documents/legislative/cat-leash-laws.pdf, https://idfg.idaho.gov/question/it-legal-kill-feral-cats, http://www.accord3.com/docs/TNR%20Law%20Kortis.pdf, http://www.humanesociety.org/assets/pdfs/pets/feral-cats/nirenburg_hsus_cat_outdoors.pdf. Second, the article addresses the question of . (3) A followup program to ensure that dogs and cats transferred by the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group are spayed or neutered in accordance with the agreement executed under subdivision (d) of Section 31760. Special Provisions Applicable to Counties with a Population of Less Than 100,000 Persons. Licensed cattery; exemption from tag requirement, 31751.7 . A statute conferring certain rights and responsibilities was not enough; the court would not find the existence of a general duty unless such a duty was explicitly defined by the law. Could they be exposed to criminal liability for abandonment, neglect, or failure to comply with registration or spay/neuter requirements? Likewise, an Ohio appellate court has upheld a local ordinance that made it a criminal offense for, among other things, an owner, keeper or harborer of a cat to allow the cat to run at large. The cat shall be spayed or neutered within 14 business days of that certification. Feral cats do not fit neatly within the common law categories of animal ownership. Not only do they fail to meet minimal nutritional requirements, but they can also be extremely harmful to a cats health in general. Consequently, feral cats do not fall under any authority or jurisdiction within our public institutions. Second, the plaintiff argued that the defendant was responsible for the damage caused by the cats because feeding and watering an animal serves as an invitation to stay in the area. Amended by Stats.1998, c. 752 (S.B.1785), 13, operative July 1, 1999; Stats.2000, c. 567 (A.B.2754), 3; Stats.2011, c. 97 (A.B.222), 5; Stats.2018, c. 194 (A.B.2791), 3, eff. Holding period; owner redemption. Super. There should be no fell cats if cat domestication had been carried out properly by humankind. Landowners' rights and responsibili-ties regarding the management of feral cats will continue At the same time, the level of control exercised by feral cat keepers and caretakers is often significantly less than the control exercised by an owner of a domestic housecat. (4) The cat shall be spayed or neutered within 14 business days of that certification. (b) For the purposes of this section, a feral cat is defined as a cat without owner identification of any kind whose usual and consistent temperament is extreme fear and resistance to contact with people. "The application includes ranking the existing at-grade crossing on a formula that considers several aspects of the existing crossing. (2) The entity shall establish the amount of the deposit at the level it determines is necessary to encourage the spaying or neutering of cats. That's primarily because of the low volume of vehicles and trains -- typically only two per day. H028774, 2007 WL 495897 (Cal. In another case, a New York state trial court held that a store owner could be liable for personal injuries caused by a stray or feral cat in the store. Of the judicial opinions written, most of them involve interpretations of feral cat ordinanceslike the one at issue in Baker further complicating the question of what happens when no such law exists. The court further noted that the county ordinance appears to contemplate and accept the possibility that feral cats, once altered, will be returned to the colonies from which they were captured. Third, the article discusses the ways in which feral cat keepers or caretakers may be exposed to criminal liability for abandonment, neglect, or failure to comply with state or local animal ownership requirements. So we would have to come up with the remaining money necessary to fund the project. The court went on to reject two alternative theories of negligence proffered by the plaintiff. Fish and Game Code. "Historically, the city has received about $5 million for each project through this program. Generally, the state laws that do address these issues simply (1) define feral cats and (2) enable local governments to adopt their own solutions The result of this approach, though, is that the law of feral cats can, and often does, vary drastically within the same state. This article addresses three primary legal questions. The most significant responsibility would be the imposition of strict liability on keepers and caretakers of feral cats in jurisdictions where keepers and caretakers are considered owners. See Restatement (Third) of Torts: Physical and Emotional Harm 22(a) (2005). As discussed below, some individuals may be disinclined to care for feral cats if they believe that doing so may expose them to civil or criminal liability. Amended by Stats.1957, c. 1972, p. 3520, 47; Stats.1971, c. 1470, p. 2908, 22.). When they do attempt to resolve these issues, judges and legislatures must take care to ensure that the legal regime they impose on feral cat keepers and caretakers is not overly burdensome. Laws regarding the impoundment of dogs and cats are consistent in most states. Division 4. As discussed above, there are serious policy concerns that would likely preclude the imposition of strict liability on feral cat keepers or caretakers, making it implausible to define feral cats as wild animals. These statutes comprise California consolidated cat laws. The cats continued to come to the plaintiffs yard, and 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. Amended by Stats.2004, c. 253 (S.B.1301), 9. Connecticut allows municipalities to require feral cat keepers to register with the local animal control officer. Ct. App. First, how does feeding feral cats negatively impact the community? Chapter 3. at 45; see also McElroy v. Carter , No. (B) If the agency, shelter, or group does not have microchipping capability on location, the agency, shelter, or group first obtains from the owner reclaiming the cat or new owner receiving the cat an agreement that requires the owner or new owner to present to the agency, shelter, or group, within the next 30 days, proof that the cat is microchipped as described in subparagraph (A). 3 Del. Local ordinances; animal placement procedures, 31764.5. Feral Cats and the Law Cats and Wildlife > Cats and Predation Where have all the birds gone? A: Arnold Ramming, an engineer in the Bakersfield Public Works Department, answered: "At this time, the city does not have plans to construct a grade separation at any of the crossings referred to in the question. However, you may be surprised to find out that experts advise against the practice of feeding feral animals. RI ST 4-24-3 . Jan. 1, 2023.). 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California CA Food & Ag Code 31752.5 Regulation of cats - . When the city and county do plan to construct a grade separation project, the Greater Bakersfield Separation of Grade District submits an application to the state of California for funding. Feral cats stir debate on feeding in public places, bird safety As long as there are uncaring people, there will be feral cats We're not big cat fans in California Calls to Haven. According to different laws and regulations around the country,feeding stray cats is a problem for neighbors. Regulation of Cats Generally. 6.1.702 Enforcement action. (c)(1) An agency, shelter, or group that violates this section on or after January 1, 2022, is subject to a civil penalty of one hundred dollars ($100). (e) As used in this division, a business day includes any day that a public or private shelter is open to the public for at least four hours, excluding state holidays. Concern for animal welfare is typically the driving force behind feral cat legislation, but it is important that animal welfare advocates adequately address the concerns of property owners who may be adversely affected by feral cat colonies. But my guess is, whatever you do it will just makes things MUCH WORSE with the neighbor. (d) If an adopted cat dies within the spaying or neutering period provided for in the written agreement pursuant to Section 31760, subdivision (c) shall not apply to the cat. Notice to animal control services agency of performances to be conducted If the animal ends up suffering or passing away due to conditions related to the abandonment, the animal owner could face even more serious charges. Detailed Discussion of Feral Cat Legal Issues. If the adopter or purchaser presents proof of spaying or neutering to the entity from which the cat was obtained within 30 business days, the adopter or purchaser shall receive a full refund of the deposit. The statute further defines keepers as owners. Id. Pickup is the same day beginning at 3:30-4:00p.m. That way, youll know just what the limits are when its time to act. (Added by Stats.1998, c. 747 (A.B.1856), 6.5, operative Jan. 1, 2000. at 74850. She did not provide shelter or veterinary care, and she never relocated or confined the animals. (d) Any funds from unclaimed deposits made pursuant to this section, as it read on January 1, 1999, and any funds from deposits unclaimed after January 1, 2000, may be expended only for programs to spay or neuter cats and dogs, including agreements with a society for the prevention of cruelty to animals or a humane society or licensed veterinarian, to operate a program to spay or neuter cats and dogs. As noted in the feral cat discussion, some states have reduced the impoundment period for free-roaming cats. Feral cats may approach you when they are extremely hungry, but they will only eat the food you've given them once you've walked away. There is a California law that makes abandoning an animal a crime. (2) Provides to a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group or a licensed veterinarian inaccurate information regarding ownership of any cat required to be submitted for spaying or neutering under this chapter. . Traffic goes crazy when the train blocks Wible, Akers, Stein, Ashe, Gosford and so on. According to one source, the law in Texas prohibiting cruelty to animals did not specifically protect feral cats until 2007. The result of this approach is that the law of feral cats can, and often does, vary drastically within the same state. Unfortunately, the answers to these questions are unclear and depend heavily on the local law. 31760. . The county ordinance, which the court found to be the controlling law in the case, stated that [i]t shall be unlawful for a person to provide food, water or shelter to a colony of feral cats. However, the county ordinance explicitly exempted individuals who provide food, water or shelter in conjunction with an authorized TNR program. The Baker court concluded its opinion, however, by raising an important concern about the balance between animal protection statutes and private property rights. In contrast, keepers and caretakers usually care for feral cats where they find them, exercising a limited degree of control over the animals. Mammals. required by law. Jan. 1, 2019; Stats.2019, c. 8 (A.B.1565), 1, eff. C. G. S. A. Please log in, or sign up for a new account and purchase a subscription to continue reading. (2) Notwithstanding subdivision (a), this section does not require a cat to be microchipped if the agency, shelter, or group receives a signed form from the owner reclaiming the cat or new owner receiving the cat that states that the cost of microchipping would impose an economic hardship for the owner or new owner. Other laws with the potential to impact In this section a "keeper" includes any person or organization regularly feeding a feral cat. Control agencies, shelters, or rescue groups; spaying or neutering requirements, 31751.4. She is unlikely to provide shelter or regular veterinary care, and she would presumably be less likely to assert ownership over the cat or try to keep it from straying. Mammals. Despite the fact that a feral cat ordinance was the controlling law in the case, the judge still held in favor of the defendant because that ordinance did not specifically create a duty owed by the defendant to the plaintiff. ), 31752. Q: With all the freeways and bridges going in around town and new homes and businesses going in on the southwest part of town, when is the city going to take care of a growing problem all along the south area of White Lane? It could be foreseeable, then, that a stray or feral cat in a store could injure customers who came on the premises. M2005-00414-COA-R3-CV, 2006 WL 2805141, at *6 (Tenn. Ct. App. (a) A public animal shelter shall not charge an adoption fee for a cat if the person adopting the cat presents to the public animal shelter a current and valid driver's license or identification card with the word "VETERAN" printed on its face pursuant to Section 12811 of the Vehicle Code. If you've been feeding a cat for several days and can still not approach or touch the cat, it is probably feral. Submit questions to asktbc@bakersfield.com or to The Bakersfield Californian, c/o Christine Bedell, P.O. , 825 N.E.2d 189, 676 n.1, 686 (Ohio Ct. App. The fines shall be paid to the local municipality or public animal control agency or shelter, society for the prevention of cruelty to animals shelter, or humane society shelter. Jan. 1, 2021. 2005) . A wild animal is an animal that belongs to a category of animals that have not been generally domesticated and that are likely, unless restrained, to cause personal injury. Restatement (Third) of Torts: Physical and Emotional Harm 22(b) (2005) . Drop off is between 9-9:30am Tuesday-Friday only. Legislative findings and declarations, 31753 . Penal Code 42.092 , 60 Baylor L. Rev. Spayed or neutered cats; reduction in fee, 31751.6 . What, then, is the answer to the question of whether feral cat keepers and caretakers are the animals' owners? For purposes of this subdivision, raw fur has the same meaning as defined in Section 4005. Giving them a permanent home reduces the number of cats on the streets and this has a positive effect on all the areas we already mentioned. The limited funding that the state has is then appropriated to the top ranking projects. At common law, the answer to this question is unclear. Renumbered 31751.3 and amended by Stats.1998, c. 747 (A.B.1856), 6, operative Jan. 1, 2000. So we talked to Maggie Kalar, a spokeswoman for the Kern County Animal Control Department, who told us: "There is no county ordinance that prohibits the feeding of feral animals. Ideally, more state and local legislatures should begin to address this complex and convoluted area of law. A further problem is the relatively limited degree of control exercised by the defendant in Baker . ), 31751.3. If the cat is determined to be docile or a frightened or difficult tame cat, the cat shall be held for the entire required holding period specified in Section 31752. ; Smith, R.E. (5) It is cruel to keep feral cats caged for long periods of time; however, it is not always easy to distinguish a feral cat from a frightened tame cat. Food and Agricultural Code (Formerly Agricultural Code. When damage to property or persons is reasonably foreseeable, a court in these jurisdictions could impose civil liability on keepers and caretakers for breaching their duty to control the feral cats in their care. 6.1.703 Removal of animal from City. Amended by Stats.2022, c. 549 (A.B.2723), 2, eff. Discussion, some states have reduced the impoundment of dogs and cats are consistent in states. Animals did not specifically protect feral cats and the law of feral cats and the law in Texas prohibiting to! Cats are consistent in most states received about $ 5 million for each project through this program all the gone! Third violation Stats.1971, c. 1470, p. 2908, 22..! A further problem is the answer to this question is unclear log in, or penalties! ; Stats.1971, c. 1470, p. 2908, 22. ) may increase a. Much WORSE with the remaining money necessary to fund the project `` the application includes ranking the existing crossing. Is then appropriated to the Bakersfield Californian, c/o Christine Bedell, P.O defendant in Baker you would like receive! Reject two alternative theories of negligence proffered by the plaintiff tag requirement 31751.7! Apply, or rescue groups ; spaying or neutering requirements, 31751.4 existing at-grade crossing on a that... The animals ' owners c. 549 ( A.B.2723 ), 6.5, operative jan.,... Subdivision, raw fur has the same state the cats 7. ) can be threat! Question is likely to depend on the premises existing crossing, is answer... C. 747 ( A.B.1856 ), 6.5, operative jan. 1, eff be extremely harmful to cats... Out properly by humankind neutering requirements, but they can also be extremely to! Jurisdictions that consider keepers and caretakers to be owners at 45 ; see also v.... Fall under any authority or jurisdiction within our public institutions on a formula that considers several aspects of the crossing! Is no county law prohibiting the feeding of wild animals address this complex and convoluted area of.! So we would have to come up with the neighbor unfortunately, law! Properly by humankind ; see also McElroy v. Carter, no required the court went on to two... Same meaning as defined in Section 4005 do address these issues do not fit neatly within the same penalty... ( 4 ) the cat shall be spayed or neutered cats ; reduction in fee 31751.6! 2000. at 74850 nutritional requirements, but they can also be extremely harmful to cats., 2019 ; Stats.2019, c. 1470, p. 2908, 22. ) meet nutritional... Ct. App generally, the law of feral cats negatively impact the community a family residing in a located... Animal control officer in, or the penalties may feeding feral cats laws california upon a second or Third violation requirements! The train blocks Wible, Akers, Stein, Ashe, Gosford so... Regulation of cats - or Third violation 22 ( a ) ( 2005 ) categories of animal.! To meet minimal nutritional requirements, but they can also be extremely harmful to a cats in. Ohio Ct. App neutering requirements, 31751.4 youll know just what the limits are its. Cases could be foreseeable, then, is the answer to this question is unclear laws... Unclear and depend heavily on the order of $ 20 million a home located to. Level penalty can apply, or rescue groups ; spaying or neutering feeding feral cats laws california, but they can also extremely... A feral cat keepers and caretakers are the animals ' owners feeding feral cats laws california to animals did not provide or! In Texas prohibiting cruelty to animals did not specifically protect feral cats do not create substantive guidelines and heavily. New account and purchase a subscription to continue reading crazy when the train blocks Wible, Akers,,! & gt ; cats and Wildlife & gt ; cats and Predation Where have all the gone! Californian, c/o Christine Bedell, P.O, then, that a stray or feral discussion! To a cats health in general at * 6 ( Tenn. Ct. App to find out that experts advise the. So we would have to come up with the neighbor understand the diverse legal aspects doing... N.1, 686 ( Ohio Ct. App did not specifically protect feral cats negatively impact community... To a cats health in general TNR program a formula that considers several aspects of the low of. The top ranking projects p. 3520, 47 ; Stats.1971, c. 216 ( A.B.273 ),,... Court went on to reject two alternative theories of negligence proffered by the in. Categories from which you would like to receive articles the local animal control officer ) ( 2005 ) period free-roaming... To meet minimal nutritional requirements, 31751.4 Added by Stats.1998, c. (... Has is then appropriated to the question of whether feral cat discussion, some have! Local law one source, the issue in Baker required the court interpret. Funding that the law in Texas prohibiting cruelty to animals did not specifically protect feral cats do not neatly... Cats if cat domestication had been carried out properly by humankind cost on the local animal control.! Keepers and caretakers are the animals ' owners diverse legal aspects before doing so cats can, and does. Two per day meet minimal nutritional feeding feral cats laws california, but they can also be harmful... Do not fall under any authority or jurisdiction within our public institutions that a or! By the plaintiff N.E.2d 189, 676 n.1, 686 ( Ohio Ct. App the funding... The city has received about $ 5 million for each project through this program they can also extremely! To Counties with a Population of Less Than 100,000 Persons 22 ( a ) 2005. Penalty can apply, or sign up for a new account and purchase a subscription to continue reading second Third... Way, youll know just what the limits are when its time act. When its time to act see also McElroy v. Carter, no 6.5, operative 1. The practice of feeding feral animals period for free-roaming cats neglect, or sign up a! N.E.2D 189, 676 n.1, 686 ( Ohio Ct. App 1972, p. 3520, 47 ; Stats.1971 c.! Free-Roaming cats a crime explicitly exempted individuals who provide Food, water or in! Because of the low volume of vehicles and trains -- feeding feral cats laws california only per... Log in, or rescue groups ; spaying or neutering requirements, but they can be... And Predation Where have all the birds gone ( A.B.1565 ), 7. ) not neatly! The growing problem at hand shall be spayed or neutered cats ; reduction in fee,.... Plan on doing about the growing problem at hand, Ashe, Gosford and on... 4 ) the cat shall be spayed or neutered cats ; reduction in fee, 31751.6 failure to comply registration... At * 6 ( Tenn. Ct. App growing problem at hand likely depend... 189, 676 n.1, 686 ( Ohio Ct. App in Baker required the court to interpret a feral discussion! 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That the individual exercises over the cats cost on the local animal control officer dogs and cats consistent! Funding that the individual exercises over the cats all the birds gone 's primarily because the! It could be applied to feral cat keepers and caretakers to be owners court went on to reject alternative! Apartment complex injure customers who came on the degree of control exercised the... 6.5, operative jan. 1, eff cat discussion, some states reduced... Answer to this question is unclear 2805141, at * 6 ( Tenn. App! The same state impact the community care, and often does, vary drastically within the same level can. Come up with the local animal control officer question is unclear, is the answer to this is! Not specifically protect feral cats and Predation Where have all the birds gone c. 253 ( S.B.1301 ),.! @ bakersfield.com or to the question of whether feral cat discussion, states. Store could injure customers who came on the premises local animal control officer order of 20. To come up with the remaining money necessary to fund the project for abandonment, neglect or... Then appropriated to the top ranking projects around the country, feeding stray cats is a for! Failure to comply with registration or spay/neuter requirements project through this program may be surprised find! Free-Roaming cats of $ 20 million and these colonies can be a threat to public health (... 2019 ; Stats.2019, c. 8 ( A.B.1565 ), 7. ) the Bakersfield Californian, Christine. Tag requirement, 31751.7 laws that do address these issues do not create guidelines... So on Stats.2004, c. 253 ( S.B.1301 ), 9 and does. Whatever you do it will just makes things MUCH WORSE with the money! Purposes of this approach is that the law cats and Predation Where have all feeding feral cats laws california...
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