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Cats and the Law


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I thought it might be useful to establish some of the basics around cats and the law.

 

This first link is a leaflet produced by the Cats Protection league. As you would expect this is a pro-cat perspective but it does help to clarify the question of proprty, ownership and interestingly damage by cats. Also covers people who keep large populations of cats.

 

http://www.cats.org.uk/catcare/leaflets/EG...tsandthelaw.pdf

 

 

The RSPB have a slightly less positive perspecitive although mostly a political answer with little practical detail.

 

http://www.rspb.org.uk/advice/gardening/un...tsandthelaw.asp

 

And finally a piece from a local council which I would hope is a balanced view

 

http://www.northampton.gov.uk/site/scripts...mp;pageNumber=2

 

Most interestingly this says: "There are no laws regarding cats and fouling. A cat holds a unique position in law in that the owner of the cat is not held to be responsible for the consequences of any trespass by the cat. It is an offence to put down poison or set snares for a cat."

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I thought it might be useful to establish some of the basics around cats and the law.

 

This first link is a leaflet produced by the Cats Protection league. As you would expect this is a pro-cat perspective but it does help to clarify the question of proprty, ownership and interestingly damage by cats. Also covers people who keep large populations of cats.

 

http://www.cats.org.uk/catcare/leaflets/EG...tsandthelaw.pdf

 

 

The RSPB have a slightly less positive perspecitive although mostly a political answer with little practical detail.

 

http://www.rspb.org.uk/advice/gardening/un...tsandthelaw.asp

 

And finally a piece from a local council which I would hope is a balanced view

 

http://www.northampton.gov.uk/site/scripts...mp;pageNumber=2

 

Most interestingly this says: "There are no laws regarding cats and fouling. A cat holds a unique position in law in that the owner of the cat is not held to be responsible for the consequences of any trespass by the cat. It is an offence to put down poison or set snares for a cat."

 

 

The most interesting thing about this post John, is that it say's so little. Why for example are there no laws restricting them. Why are people allowed to have them annoying other people, with no comeback, when in any sense of the word, they can be pests to others. As I said in another post, I in no way advocate harming them, though can understand why a person might feel like doing so.

What other large animal can you allow to wander, and why do you seem to be protecting them.

I know the law and do them no harm.

I just wish the law would force people to contain them within their own property, as often I'm sure it's the manner in which you can chuck them out as you go to work that encourages people to choose a cat over other pets. Walk them on a lead if you want. I don't want them in my garden, end of story. I know how it is, I just don't like how it is.

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We had a problem with cats thanks to some folk breeding them, not the posh ones, just yer ordinary everyday moggies :yes: . Every now and then a non white family would visit and then they'd breed some more :whistling: I wonder how these do gooders that frequent the charities and organisations would like that on their doorstep? When the man of the house pegged it, the adult cats were set free one by one, all of them had no life, just there to line pockets.

 

The family have now moved onto dogs, timed the puppies to be all ready just in time for "the season to be merry" :)

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Shit innit. Bucket loads of dog legislation but we're scratching our heads when it comes to songbird predation.

 

Your right Chris, My neighbour stopped feeding birds because of the cat's getting them. They even prey on gamebirds localy. John B is probably right, it's probably a historic thing. I have a small 8m x 5m veg garden where I grow organic veg, and unless I net the whole thing in the spring, the cat's are digging in the rows of seeds and make a hell of a mess as well as the health hazard their feaces poses. I feel that people at the very least should have some claim on the owner for any damage done. You couldn't impose Draconian laws overnight like some quasi dictator, but a plan of changes could be implemented over several years. Starting with laws to allow compensation for damage caused. Gradually making people keep their cat under control, ie have a compound for it, or keep it indoors. It could be taken for a walk on a lead. Why not. Perhaps in past times, they were thought of as a means of vermin control. There are better methods. Perhaps they could get cat owners to pay for my garden netting too. I'm just rambling really, but I feel there is a lot of room for improvement on the current laws. Recently in Carlisle several cats were poisoned with anti-freeze, as I keep saying I don't agree with things of this nature, but I can understand the problems that possibly would drive someone to carry out this terrible act.

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:hmm:

 

Where does that leave the control of feral cat populations?

 

Or the protection of gamebirds from feral moggies??

 

OTC

 

 

I would, as a layman, feel on shakey ground, if a LACS or cat welfare group pushed a case against you for controlling them, but unless someone pushes the government they don't change things. Cat lovers probably pressured the government into making the cat protection laws. This thing about them being pensioners' or kids' pets is just blackmail. A rabbit or a hamster makes a better house pet. A cat is a large carnivore with very destructive habits towards birds "and my garden". I was informed by a gamekeeper friend, that because of the way they hunt, he'd rather have a fox than a cat prowling his coverts. He claimed that the fox moves quickly through while the cat lurks more and misses nothing. I'm starting to look paranoid, but the lack of any power to do anything about the bloody things annoys me to hell. I wouldn't harm the animals, I know and like their owners, but they should be brought in line with other pets over a period of a few years. This, cats have a right to roam thing is a load of bollocks. If my dog was coming sh1tting in your garden, you wouldn't be happy, but it's ok for my cat to wreck your veg beds???? f*****g so wrong.

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A genuine feral cat or one that has been given up as lost (ie abandoned after a reasonable period of searching,presumed gone ,missing ,dead etc )can be humanely killed by approved methods ie cage trapped or shot.It is neither property nor a protected species.

 

A domestic cat can be legally bought ,sold or illegally damaged or destroyed or stolen .It has a measurable value ,hence is property and is protected by law. It is also protected by various animal wellfare laws.

 

One cannot smash-up or dispose of a car found illegally parked on one's land and one equally has no right to damage a pet cat that has strayed onto the same land even though neither items of property are on the land with permission .

 

There was a case some years ago where a pigeon fancier defended his birds against a pet cat and in so doing he blinded the animal .As his intention was proved to have been to kill the cat cleanly cruelty prosecutions against him failed and he did not have to pay damages to the cats owner.This was a fairly isolated case though.

 

 

 

The idea in law that cats are "following their nature" and cannot be controlled dates from a famous judgement in the 1920's. Cat owners have however been made to pay damages for harm done to birds in aviaries as a result of private proceedings so it is a misconception that they are above the law at all times.

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The shoot i help run is only a quarter of a mile from a cat protection place and their always seems to be cats trying to get the poults at the time of year,if sheep farmers can shoot domestic dogs for posing a threat to his flock, then am i able to specifically target cats? and are these considered feral or domestic?

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The shoot i help run is only a quarter of a mile from a cat protection place and their always seems to be cats trying to get the poults at the time of year,if sheep farmers can shoot domestic dogs for posing a threat to his flock, then am i able to specifically target cats? and are these considered feral or domestic?

 

If the cats are owned by someone they are property hence cannot be destroyed. There is though a legal defence to a Crime or Tort that one acted in a" reasonable manner". A judge or magistrate would have to decide this on the merits of each individual case.

Caged poults (but not free-living poults or poults being encouraged to leave a release pen) are measurable property. The owner of a cat that damaged them might still be held liable for Civil damages even if the magistrate agreed that the damage was unavoidable due to the wild nature of the cat.

 

Feral cats are specimens of the domestic breed(s) that have taken up or been born into a wild lifestyle and are not under the ownership of anyone. A person who chucks out a bit of food for the strays would not be considered an owner hence the cats would remain ferals by definition. Ferals can be shot or cage-trapped.

 

It really seems that anyone who shoots a pet cat would have to have a very good and provable story that proves "reasonable behaviour" and be willing to take their chances in Court .

 

I've actually had dealings through my work with one of the big cat organisations and have to say that while they are obviously concerned with cat welfare they are not blind to the problems caused by feral and straying cats .

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Had a quick look and came up with three cases Ist case involved the pigeon fancier who despite wounding a cat when it was attacking his birds was cleared of any offence (on appeal mind .So it was close.) 2nd involved a retired Major who's house was continually being wrecked by a nasty old Tom-cat that kept creeping in any available gap. The old soldier had his curtains and cushions ripped and pee'd on and he ended up living under siege with his doors and windows shut at all times. He ,after three years of hell, was driven to shoot the cat . He was arrested but a Judge decided that he'd been provoked beyond belief and discharged the case. 3rd case. Pigeon keeper shot a cat .He was found guilty and had his gun taken away.

 

The courts obviously and quite rightly take each case individually .

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