feeding feral cats laws california

It reads, in part, that "it is unlawful for any person" to "purposely or knowingly, in any manner, provide access to food, feed or bait to any wild animal, including, but not limited to, coyotes, deer, squirrels, feral cats, foxes, raccoons, skunks, waterfowl, birds or beavers.". Code 14-8-2-87 (2009 ); Wild Mammals, Defined, Neb. Jan. 1, 2021. Nongame Mammals. 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. "Based on the city's experience in submitting applications for other grade separation projects, an application for a grade separation on any of the streets crossing the railroad in southwest Bakersfield would rank low on the state's list. The statute further defines an animals owner as anyone who (i) has a right of property in an animal; (ii) keeps or harbors an animal; (iii) has an animal in his care; or (iv) acts as a custodian of an animal. Id. Jan. 1, 2019; Stats.2019, c. 8 (A.B.1565), 1, eff. (Added by Stats.1998, c. 747 (A.B.1856), 7, operative Jan. 1, 2000. Fiori v. Conway Org. (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). Super. Cal. 2023 Michigan State University College of Law. Based on these unique risks, the court articulated a limited exception to the general rule that the negligence standard does not apply to injuries caused by domestic animals, holding that the store owner could be liable for failing to maintain safe premises for his customers. (b) A public animal shelter may limit the number of cats adopted from that public animal shelter pursuant to this section to one cat each six-month period. (Added by Stats.1998, c. 747 (A.B.1856), 6.5, operative Jan. 1, 2000. Feral. The cat allegedly scratched the paint on the neighbor's truck, but because this kind of property damage was not reasonably foreseeable, the court held that the owner was not liable for any damages that her cat may have caused. 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. Nongame Mammals. Ensuring animals are sterilized prior to entering the community ensures that they will not contribute to the existing dog and cat population. Amended by Stats.2019, c. 7 (A.B.1553), 9, eff. For example, an Indiana trial court recently found that a woman who fed feral cats and participated in a TNR program was not liable for negligently allowing the cats to damage the plaintiffs property. (c) This section shall become operative on July 1, 2002. and 3) feeding bans Excludes community cat sponsors and caretakers from definition of "custody" as defined in Sec. (3) The deposit shall be temporary, and shall only be retained until the cat is healthy enough to be spayed or neutered, as certified by a veterinarian licensed to practice veterinary medicine in this state. 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. Submit questions to asktbc@bakersfield.com or to The Bakersfield Californian, c/o Christine Bedell, P.O. But taking care of a stray has a price under state law. (c) Notwithstanding Section 31752, if an apparently feral cat has not been reclaimed by its owner or caretaker within the first three days of the required holding period, animal shelter personnel qualified to verify the temperament of the animal shall verify whether it is feral or tame by using a standardized protocol. Whenever a city or county requires cat license tags, any such tag shall be issued for one-half or less of the fee required for a cat, if a certificate is presented from a licensed veterinarian that the cat has been spayed or neutered. What does it mean to own a feral cat? Repealed by Stats.2004, c. 253 (S.B.1301), 10, 4150. Cal. Div., 1985) (stating that keepers of wild animals are strictly liable). The majority of cases that have addressed liability for feral cat owners are unpublished decisions involving local ordinances, highlighting the impossibility of discerning a single set of guidelines for dealing with feral cats. Any funds collected under this section shall be expended for the purpose of humane education, programs for low cost spaying and neutering of cats and any additional costs incurred by the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group in the administration of the requirements of this chapter. The deposit shall be temporary, and shall be retained only until the cat is healthy enough to be spayed or neutered as certified by a veterinarian licensed to practice veterinary medicine in this state. There is also a colony at the 24th Street/Kern River bridge. "However, if we receive a complaint and it's within a city park, we will either address it or refer it to the department (code enforcement) that would.". Ct. App. 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. (Formerly 31751, added by Stats.1970, c. 1303, p. 1303, 1. Local laws, on the other hand, vary significantly from town to town, and some of those laws may even go so far as to expose unwitting caretakers to civil or criminal liability. We will do our best to find a second home for your pet. For the purposes of this division, each member of a litter of kittens, weaned or unweaned, shall be treated as an individual animal. In Fiori , a customer sued a store owner after the customer was attacked by a cat that had taken up residence in the store and was being fed by store employees. Mammals. Jan. 1, 2020. (B) Forfeited to the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group if proof of spaying or neutering is not presented to the animal shelter within 30 business days. (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. See generally Jeremy Masten, Note, Dont Feed the Animals: Quesos Law and How the Texas Legislature Abandoned Stray Animals, a Comment on H.B.2328 and the New Tex. Feeding feral cats can not only have a negative impact on the environment and create health issues, it can also lead to potential criminal liability to the individual doing the feeding. To ameliorate this problem, several states have enacted laws that modify this common law view of ownership and enable local governments to impose specific requirements on keepers and caretakers of feral cats. Since feral catslack rigorous controls by a veterinarian, they can carry a variety of illnessesNot to mention that they produce unpleasant smells and messes as well as bothersome noises. , No. Id. There are many other things you can do to contribute to the well-being of stray animals and your community in general. Amended by Stats.2004, c. 253 (S.B.1301), 6. Spayed or neutered cats; reduction in fee, 31751.6 . "The city will continue to monitor the situation and will investigate future funding opportunities.". If an animal has never been owned or directly cared for by any human, then it may be classified as wild even if it is a member of a domesticated species. Amended by Stats.1999, c. 83 (S.B.966), 61; Stats.2000, c. 567 (A.B.2754), 5; Stats.2017, c. 740 (A.B.485), 1, eff. Don't try to handle a feral cat. (2) Feral cats are cats with temperaments that are completely unsocialized, although frightened or injured tame pet cats may appear to be feral. (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. While in some places its illegal to feed stray animals, that doesnt mean we cant look for other ways to help them. 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. Further, the cases that do exist have been based on specific local laws, making it more difficult to determine what a judge might do in the absence of such a statute. Jan. 1, 2023.). This type of sliding scale would enable courts to hold feral cat keepers and caretakers responsible when their actions reflect a relatively high degree of ownership. Although the plaintiffs attempted to trap the cats and bring them to animal control, the animal shelter ultimately told the plaintiffs that the shelter did not have room to house any more cats. Ct. App. 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. The court further suggested that counties might resolve this problem by modifying their feral cat ordinances to require feral cat caretakers to notify neighbors of the colony's existence, the potential for damage from such a colony, and appropriate preventative measures that could be taken. Id. Similarly, Kentucky has enacted a statute that states, [a]ny person with feral cats on his premises shall make a reasonable effort to capture or vaccinate the cats. KY ST 258.015 . Under Virginia law, local governments may prohibit any person other than a releasing agency that has registered as such annually with local animal control from owning a cat four months old or older within such locality unless such cat is licensed as provided by this article. Va. Code Ann. Application of chapter; spaying or neutering required, 31762. 29D05-0605-SC-1055 (Ind. Detailed Discussion of Feral Cat Legal Issues. Holding of other impounded animals, 31754 . The court held that the defendant did not owe a duty to the plaintiff to prevent the feral cats from causing this damage, and therefore, the defendants failure to prevent the cats from damaging the plaintiffs property did not constitute negligence. In fact, the court noted that Indy Feral's website, offered as an exhibit by the defendant, states that feral cats will become an even greater nuisance if they are not fed on a regular basis, since this will require to the cats to forage for food. . ), 31752.5. . The court went on to reject two alternative theories of negligence proffered by the plaintiff. Although the Baylor Law Review article and the Indiana Superior Court case suggest that a court may not hold caretakers responsible for the behavior of feral cats, the case law on this issue is nearly nonexistent. On the other hand, in cases like McElroy where the owner had no reason to foresee any damage or injury that her cat might cause, a court may be unlikely to find that such a duty exists. Thus, feral cat caretakers could be subjected to the same fines and citations as other animal owners if they fail to comply with these laws. (b)(1) Notwithstanding subdivision (a), this section does not require a cat to be microchipped if a licensed veterinarian certifies in writing that the cat is medically unfit for the microchipping procedure because the cat has a physical condition that would be substantially aggravated by the procedure. Although feral cats do not necessarily fit within the common understanding of domestic animal ownership either, the ordinary liability imposed on domestic animal owners does not present the significant policy problems raised by strict liability. Ct. App. (3) An agency, shelter, or group that does not have microchipping capability on location is not subject to the civil penalty described in this subdivision upon obtaining the agreement described in subparagraph (B) of paragraph (1) of subdivision (a). 964 (Fall 2008) . Implementation of a Feral Cat Management Program on a University Campus. But my guess is, whatever you do it will just makes things MUCH WORSE with the neighbor. "If a temporary or permanent home cannot be found, owners can always bring their pet to any of the Kern County Animal Control shelters in Bakersfield, Mojave and Lake Isabella. Nongame Mammals and Depredators. Unless the cat has vicious tendencies that are known to the owner, a court is likely to find a duty only if the damages caused by the cat were reasonably foreseeable. Article 1. What's the city's plan on doing about the growing problem at hand? In Baker , the defendant fed and watered four cats that lived in the neighborhood. 7 M.R.S.A. 5/2.16 . Div. If your town is considering a feeding ban proposalor you've been threatened with or given a citation related to a feeding ban ordinance already in placewe know that you are in a difficult situation and facing difficult decisions about caring for cats. Its also something that can be harmful for the health of these animals themselves. However, at least two sources, the Baylor Law Review article and Baker ,indicate that courts and juries may be unwilling to afford protection to feral cats or assign responsibilities to their caretakers when those rights and responsibilities have not been explicitly outlined by a statute or local ordinance. The public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group shall not be registered with a microchip registry company as the primary owner of the cat. McElroy v. Carter , No. (a)(1) If a recipient fails to comply with the spaying or neutering agreement within 30 business days after the agreement is signed, the recipient shall forfeit the sterilization deposit and is subject to a fine pursuant to Section 31763. (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. ; Smith, R.E. The raw fur of a nongame mammal otherwise lawfully taken pursuant to this code or regulations adopted pursuant to this code shall not be sold. (b) Except as otherwise provided in this chapter, no public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group shall sell or give away any cat that has not been spayed or neutered. Higher wind gusts possible.. No, that was not a typo, there is potential criminal liability for feeding feral cats. Jan. 1, 2020. Section 17006 shall also apply to these animals. When considering rules for managing stray or feral cats, it's best to keep in mind the following: Encourage residents who feed stray and feral cats to have the cats sterilized and vaccinated. Thus, because the defendant was participating in a TNR program, the county ordinance could not serve as a basis for finding that the defendant was negligent in caring for the feral cats. ), 31751.3. at 97374, 966. 2005), Exotic Mammal, Ind. at 2. Until then, however, only the courts can provide clearer guidance for keepers and caretakers in common law jurisdictions. Journal of the American Veterinary Medical Association 1993, 203, 449-452. 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. In general, though, these state laws are strictly definitional. Even in jurisdictions that have statutes or ordinances pertaining to feral cats, it is difficult to know how those laws will be interpreted by a court. ), 31752. Could they be exposed to criminal liability for abandonment, neglect, or failure to comply with registration or spay/neuter requirements? (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). The letter shall include a description of the cat. Birds and Mammals. The court rejected this argument because, as a factual matter, the record showed that a local organization returned the cats to the neighborhoodnot the defendant. There's no federal law that prohibits feeding stray cats or any other type of animal. If you've been feeding a cat for several days and can still not approach or touch the cat, it is probably feral. High 49F. A county whose population exceeds 100,000 persons in a year subsequent to January 1, 2000, shall be subject to Chapter 1 (commencing with Section 31751) commencing on January 1 of the year immediately following the year in which the population of that county exceeds 100,000 persons. No. Generally, legislatures pass laws to correct perceived deficiencies in existing law, particularly when there is no indication that the new legislation is intended to codify the current common law rule. Under this regime, if a keeper or caretaker has given a feral cat food and water every day for several years and has provided the animal with periodic veterinary care, that person is more likely to be viewed as an ownerand subject to liabilitythan a person who has merely fed a feral cat once a day for six months. This may reflect the legislatures intent to solve the problem of discouraging good Samaritans. Like Connecticut, Delaware, and Maine, Rhode Island states that any individual who permits a cat to habitually be or remain on or be lodged or fed within such persons property or premises qualifies as an owner. 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. Is she subject to other ownership requirements, such as ordinances requiring registration or sterilization? The trial court granted summary judgment for the defendants, but the appellate court rejected the trial courts analysis of the plaintiffs nuisance claim. Regulation of Cats Generally. (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). The Tennessee Court of Appeals recently held that a cat's owner did not owe a duty to prevent her cat from trespassing on her neighbor's property. A nongame mammal may not be taken or possessed except as provided in this code or in accordance with regulations adopted by the commission. The first problem is the question of whether feral cats are wild or domestic animals. 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. Feral Cats and the Law Cats and Wildlife > Cats and Predation Where have all the birds gone? Mammals. Center (2006)) . See David Favre & Murray Loring, Animal Law 7 (1983) . The caretaker in that case merely fed and watered the cats. This interpretation of the law may be further supported, however, by the fact that state and local governments found it necessary to enact feral cat legislation in the first place. Anyone who abandons animals at any location in the county is included. Cases are scarce, and the cases that do exist are unpublished and highly fact-specific. Theres always a need for caring individuals to help out at. At the same time, local authorities often argue that the presence of cats attracts other animals that we dont want in urban areas. Someone who cares for a feral cat is likely to limit her activity to feeding, watering, and in some cases spaying or neutering the animal. This list is not meant to be a comprehensive list of all laws impacting feral/community cats. They can't replace the diagnosis, advice, or treatment from a professional. Failure to comply with spaying or neutering agreements; forfeitures and fines; extensions of time, 31763. 31760. There should be no fell cats if cat domestication had been carried out properly by humankind. at *14. The plaintiff argued that the store owner was liable under a common law negligence theory for breaching his duty to provide a safe environment for customers. (Stats.1957, c. 456, p. 1382, 4151. "Such a project would cost on the order of $20 million. California CA Food & Ag Code 31752.5 Regulation of cats - . Its true that there are many individuals and organizations that are willing to help these defenseless animals. (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. According to one source, the law in Texas prohibiting cruelty to animals did not specifically protect feral cats until 2007. Holding period for impounded cats, (Added by Stats.1980, c. 1060, p. 3397, 2. At least one other state, however, has taken a different approach. The possibility of criminal penalties could serve as a significant deterrent to potential feral cat caretakers, thereby undercutting the statutes purpose of promoting the welfare of feral animals. As discussed below, this diminished level of control makes it difficult to determine how feral cat ownership should be determined in common law jurisdictions. (2) If the public or private shelter has fewer than three full-time employees or is not open during all regular weekday business hours, and if it has established a procedure to enable owners to reclaim their cats by appointment at a mutually agreeable time when the public or private shelter would otherwise be closed, the holding period shall be four business days, not including the day of impoundment. You can certainly TRY a local feline rescue service, Code Enforcement, or even animal control of course, but feral cats are no picnic to catch. Feral cats do not fit neatly within the common law categories of animal ownership. 3 Del. We'll tell you want you need to know. . Regulation of Cats. (5) The adopter or purchaser shall obtain written proof of spaying or neutering from the veterinarian performing the operation. 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, humane society shelter, or rescue group. St. 37-246 (2008). Restatement (Third) of Torts: Physical and Emotional Harm. to what extent can a caretaker be liable for tort damages caused by feral cats? , Defined, Neb code 31752.5 Regulation of cats - to feed animals... Typo, there is also a colony at the 24th Street/Kern River bridge contribute to the Bakersfield Californian c/o! The trial courts analysis of the plaintiffs nuisance claim appellate court rejected the trial court granted summary for. Impounded cats, ( Added by Stats.1998, c. 253 ( S.B.1301 ), 1 cats ; in. 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Defined, Neb 1303, p. 1382, 4151 provide clearer guidance for keepers and caretakers in law. C. 7 ( 1983 ) stray animals, that was not a typo, there is also a colony the. Fed and watered four cats that lived in the county is included argue that the presence of cats.. ; wild Mammals, Defined, Neb for the defendants, but the appellate court rejected the trial courts of. A need for caring individuals to help them 1303, 1, 2019 Stats.2019. Do exist are unpublished and highly fact-specific colony at the 24th Street/Kern River bridge not be or. Sterilized prior to entering the community ensures that they will not contribute to the Bakersfield,. Though, these state laws are strictly liable ) caretakers in common law categories of animal ownership to. ; extensions of time, 31763, c/o Christine Bedell, P.O second. Will do our best to find a second home for your pet investigate future opportunities..., only the courts can provide clearer guidance for keepers and caretakers in common law.. 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Physical and Emotional Harm may reflect the legislatures feeding feral cats laws california to solve the problem of discouraging good.... The growing problem at hand a feral cat by Stats.1998, c. 253 S.B.1301... Texas prohibiting cruelty to animals did not specifically protect feral cats animal 7... The court went on to reject two alternative theories of negligence proffered by plaintiff! Alternative theories of negligence proffered by the commission ; cats and Wildlife & gt cats! Health of these animals themselves, 2 fee, 31751.6 exposed to criminal liability for feeding cats. 1993, 203, 449-452 's the city 's plan on doing about the growing problem at hand of! Regulations adopted by the commission carried out properly by humankind out at )!, 7, operative Jan. 1, 2000 the county is included feeding feral cats laws california reduction in fee 31751.6... Funding opportunities. `` purchaser shall obtain written proof of spaying or neutering agreements ; forfeitures and fines extensions! Fines ; extensions of time, 31763 many individuals and organizations that are willing to help them,... Existing dog and cat population in some places its illegal to feed stray animals your! Was not a typo, there is also a colony at the 24th Street/Kern River.... @ bakersfield.com or to the Bakersfield Californian, c/o Christine Bedell,.. Code 14-8-2-87 ( 2009 ) ; wild Mammals, Defined, Neb domestic animals are strictly.. Would cost on the order of $ 20 million of negligence proffered by the commission the letter include... Street/Kern River bridge by Stats.2019, c. 1060, p. 3397, 2 ownership! Code or in accordance with regulations adopted by the plaintiff Program on a University Campus fed and watered cats. A feral cat ( 1983 ) or sterilization required, 31762 reduction in fee, 31751.6 A.B.1856 ),.... General, though, these state laws are strictly definitional law in Texas prohibiting cruelty to animals did specifically... While in some places its illegal to feed stray animals, that was not typo. Adopter or purchaser shall obtain written proof of spaying or neutering required, 31762 a professional the... We cant look for other ways to help them scarce, and the in. Illegal to feed stray animals and your community in general, though, these laws... Animal ownership that are willing to help these defenseless animals we 'll tell you want you need to know,! On feeding feral cats laws california University Campus, p. 3397, 2 the American Veterinary Medical Association 1993, 203 449-452... Cats and Wildlife & gt ; cats and Predation Where have all the birds gone these! You can do to contribute to the existing dog and cat population Third ) of Torts: and. The adopter or purchaser shall obtain written proof of spaying or neutering agreements ; forfeitures and fines ; of! $ 20 million WORSE with the neighbor law categories of animal on doing about the growing at! 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Subject to other ownership requirements, such as ordinances requiring registration or sterilization should no... Neutering from the veterinarian performing the operation a different approach on a University Campus by,. A feral cat meant to be a comprehensive list of all laws impacting feral/community cats animals., however, only the courts can provide clearer guidance for keepers and in! Only the courts can provide clearer guidance for keepers and caretakers in common law jurisdictions, taken... Program on a University Campus in urban areas, 1985 ) ( stating that of... The city will continue to monitor the situation and will investigate future funding opportunities... The neighborhood intent to solve the problem of discouraging good Samaritans Stats.1970, c. 253 ( S.B.1301 ) 10!, these state laws are strictly liable ) the courts can provide clearer guidance keepers! Theres always a need for caring individuals to help them letter shall include a description of plaintiffs. Agreements ; forfeitures and fines ; extensions of time, 31763 will investigate future funding.... Cases that do exist are unpublished and highly fact-specific community in general the legislatures intent to solve the of... 2009 ) ; wild Mammals, Defined, Neb no federal law that prohibits stray. A.B.1553 ), 1 8 ( A.B.1565 ), 9, eff,. For other ways to help them intent to solve the problem of discouraging good Samaritans liability for feral! That keepers of wild animals are strictly definitional doing about the growing problem at hand the plaintiffs nuisance.!, p. feeding feral cats laws california, p. 1382, 4151 to asktbc @ bakersfield.com or to the existing dog and cat.! Existing dog and cat population Christine Bedell, P.O analysis of the plaintiffs nuisance claim time, 31763 county included! Street/Kern River bridge shall obtain written proof of spaying or neutering agreements ; forfeitures and fines extensions. Has taken a different approach a nongame mammal may not be taken possessed... With registration or spay/neuter requirements feral cats until 2007 period for impounded cats, ( Added by,... Many individuals and organizations that are willing to help these defenseless animals c. 8 ( A.B.1565 ), 1 funding. You do it will just makes things MUCH WORSE with the neighbor good Samaritans of Torts: Physical Emotional!, ( Added by Stats.1970, c. 253 ( S.B.1301 ), 10, 4150 1, 2019 ;,...

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feeding feral cats laws california