Roaming Cat Laws

You asked (1) if Rhode Island, Illinois, New Hampshire, and Delaware laws address the spaying and neutering (fixing) of cats to reduce the number of feral (or roaming) cats and (2) if these states' respective animal population control programs provide funding to assist low-income pet-owners fix their pets.

All four states have laws to reduce the number of roaming cats and programs to provide funding to assist low-income pet owners fix their pets.

Rhode Island requires people to either fix their cats or obtain an exemption. It also requires towns to create low cost spay and neuter programs and provides a funding mechanism for the programs.

An Illinois law allows a person managing a feral cat colony to participate in its Animal Population Control Program under certain conditions. It also provides funding to allow certain low-income individuals to participate in the program at a reduced rate.

New Hampshire's Animal Population Control Program aims to reduce the number of unwanted and cats by encouraging owners to have them fixed. The law provides for reduced-rate spaying and neutering for people receiving financial assistance under certain government programs.

Delaware's Animal Population Control Program's goals include reducing population growth among stray and unwanted cats and dogs. Its spay and neuter program provides funding to assist low-income residents and low-income communities fix their animals to control the animal population.

In 2006, Rhode Island enacted a law (SB 2014) that (1) requires cats to be fixed, (2) creates two permit programs and a third option for cats that are not fixed, and (3) creates a low-cost spaying and neutering program for low-income cat owners and provides a funding mechanism for it. The act aims to (1) reduce the roaming cat population and (2) eliminate the practice of euthanizing healthy homeless cats, among other things.

The act requires residents owning or harboring cats to have them fixed, unless they obtain (1) a breeder's permit, (2) a permit to hold an unaltered cat, or (3) a letter from a licensed veterinarian stating that fixing the cat would be inappropriate due to its age or health. Farmland (presumably an owner or keeper on such land) is exempt from these requirements. The act specifies requirements for the permits and the letter.

Under the law, a person is considered responsible for a cat (or cats) if he provides care or sustenance for an uninterrupted period of 60 days or longer. The act does not prohibit a municipality from requiring people who care or feed feral cats to obtain a local permit.

Breeder's Permit. The act requires municipalities to create cat breeding permit programs and anyone breeding cats to get a permit. The permit fee costs $ 100 annually, which must be deposited into the municipality's spay and neuter account. Local animal control officers (ACOs) administer the permit program. In municipalities that prohibit cat breeding, the prohibition takes precedence. Breeding permits must contain set terms and conditions under the act. The act does not specify how these permit fees may be used.

Intact Permit. ACOs issue "intact permits” for unaltered cats of owners who refuse to have them fixed. The owner must sign a statement that the animal will not be allowed to breed unless the owner has first obtained a breeding permit. The annual fee for the intact permit is $ 100, which must be deposited in the municipality's spay and neuter account.

Enforcement of Spay or Neuter Requirement and Permitting Requirements and Penalties

Local ACOs enforce and administer the act. Violators have up to 30 days from notice of noncompliance to (1) have their cat fixed or (2) provide proof from a veterinarian that they made arrangements to do so. Local ACOs must inform cat owners of (1) the availability of reduced cost or free spay and neuter programs available to low-income people and (2) any programs sponsored by local humane organizations offering low-cost spaying or neutering. If the owner or keeper does not fix his cat within 30 days of the notice, he is subject to a $ 75 fine for that period and each 30 days the animal is not spayed or neutered.

The act additionally specifies that anyone who abandons a cat that he owns or has custody of is subject to the state's animal cruelty law for each offense. Under this law, offenders are subject to up to 11 months imprisonment, a fine of between $ 50 and $ 500, or both (R. I. Gen. Stat. § 4-1-2).

The act requires municipalities to deposit into their spay and neuter accounts money collected from (1) violators (i. e. , the $ 75 fine) and (2) a $ 1 surcharge, which the act establishes, on dog licenses that municipalities issue. Municipalities must use half of these funds to assist low-income pet owners fix their animals and deposit the other half into their low-cost spay and neuter program accounts to either fix animals residing in municipal pounds or to fund future low-cost spay and neuter programs. (The act does not specify how much municipalities should charge for the sterilization operation. )

People receiving public assistance under the following federal and state programs qualify for low cost spay and neuter assistance:

1. any program which qualifies under the state's public assistance law, chapter 40-6;

2. the food stamp program (7 USC § 2011 et seq. );

3. the supplemental security income program authorized by Title XVI of the federal Social Security Act (42 USC § 1381 et seq. );

4. the Temporary Assistance for Needy Families Act (42 USC § 601); and

5. the Medicaid program (42 USC § 1381)

Individuals eligible for any of these programs must provide proof to the municipality's ACO. ACOs may also determine if a pet owner is eligible based on other public assistance programs.

In 2005, Illinois (1) created a program to enable certain low-income people to spay and neuter their cats and dogs and provided various ways to fund it, (2) allowed counties to create a spay and neuter fund, and (3) eliminated the state's previous overpopulation fund program (which provided grants to tax-exempt humane societies). The purpose of the law is to reduce the number of unwanted cats and dogs. The law required the Department of Health to establish and implement an “Illinois Public Health and Safety Animal Population Control Fund” by December 31, 2005. Under the law, funds were to be collected beginning January 1, 2006 and sterilization operations (i. e. , spaying and neutering) begin January 1, 2007 (Public Act 094-0639).

Those eligible for the program are low-income residents and people caring for feral cats. Specifically, low-income state residents who own cats or dogs are eligible to participate at a reduced rate when they are eligible for either the federal (1) Food Stamp Program or (2) Social Security Disability Insurance Benefits Program. Eligible people must submit proof to the state public health department. These individuals must also sign a consent form certifying that they are the animal's owner or are authorized by the eligible owner to present the dog or cat for the procedure. Upon approval, the department furnishes the eligible person with a voucher, which he must present to a participating veterinarian.

Additionally, a state resident who manages a feral cat colony and humanely traps feral cats for spaying or neutering and return is eligible to participate in the program. The law requires that the municipality or county (if in an unincorporated area) where the person is located recognize the trap, sterilize, and return program. Voluntarily participating veterinarians or veterinary students under a veterinarian's supervision perform the sterilization procedure.

Under the law, the co-payment for the cat or dog sterilization procedure and vaccination is $ 15.

The law provides funding from several sources for the program. For example, funding is provided through Illinois' Pet Friendly License Program, an income tax check-off program, a variety of fines levied on pet owners, and voluntary contributions.

The law allows counties to establish an Animal Population Control Program funded by their General Corporate Funds and a $ 10 surcharge for intact (unfixed) cats and dogs added to a registration fee that the law requires.

The purpose of the state's Animal Population Control Program, administered by the Department of Agriculture, Markets, and Food, is to reduce the number of unwanted and stray dogs and cats and enhance public safety. The law provides for reduced-rate spaying and neutering for people receiving financial assistance under certain government programs (N. H. Rev. Stat. Ann. § 437-A: 2 et seq. ).

Those eligible under the law include state residents who (1) adopt an eligible (i. e. , in-state) cat or dog or (2) are low-income and receive financial assistance under certain programs. Specifically, a state resident who has adopted an in-state cat or dog from an animal shelter facility is eligible to participate, if the pet owner signs a consent form certifying that the he is (1) the pet's owner or (2) authorized by the owner to present the dog or cat for the operation. The program fee is $ 40 and

the sterilization procedure must be performed by a participating veterinarian. (Cats and dogs imported from out of state are not eligible for the program. )

State residents who (1) own a cat or dog and (2) are eligible for certain financial assistance programs may participate in a reduced fee companion animal population control program. The pet owner must sign a consent form certifying that he is the cat or dog owner or is authorized by the owner to present the dog or cat for the procedure. The fee is reduced to $ 25. The state and federal financial assistance programs are the:

5. Medicaid, old age assistance, and aid to the permanently and totally disabled programs (N. H. Rev. Stat. Ann. § 167).

The law establishes a Companion Animal Neutering Fund and requires any funds that the Agriculture, Foods, and Markets commissioner receives for the program (e. g. , $ 2 fee from a required dog license and $ 2 of the $ 20 group license fee for owners of five or more dogs) be deposited in the fund and used by the commissioner exclusively for program implementation. It also allows the commissioner to solicit and accept funds from any public or private source for the program.

In 2006, Delaware established a spay and neuter fund as part of an Animal Population Control Program to assist low-income residents and low-income communities fix their animals. The program's goals include lowering the number of stray and unwanted animals entering shelters and the euthanasia rates, among other things (75 Del. Laws, c. 326, § 1. ).

Low-income state residents are eligible for the program, as are people and organizations caring for stray cats and dogs and feral cats. Specifically, a low-income resident must be at least 18-years-old, the owner or keeper of the cat or dog, and prove he receives aid from one of the following federal programs:

Additionally, anyone that (1) a county or municipal government or (2) an authorized animal control agency recognizes as being the keeper of an abandoned, free-roaming, homeless cat or dog or feral cat or stray dog is eligible. An organization that is a recognized and registered charitable, tax exempt animal welfare, animal rescue, or animal humane organization is also eligible.

The law specifies that the Department of Agriculture (which administers the program) divide funding during the first two years as follows: (1) 75% to subsidize sterilizations of pets owned by low-income people participating in the financial aid programs and the animal welfare, animal rescue, or animal humane organizations and (2) 25% to subsidize the cost of sterilizing those “abandoned/free-roaming, homeless, stray, and unwanted” animals kept or cared for by recognized keepers or animal welfare, animal rescue, or animal humane organizations. The law limits how many subsidized procedures keepers and organizations may utilize under the program.

The law requires the agriculture department to evaluate the program's funding distribution after two years.

The law establishes the “Spay/Neuter Fund” to fund the Animal Population Control Program. Under the law, the fund consists of:

2. money from a $ 3. 00 surcharge on each rabies shot administered to cats and dogs on or after September 1, 2006.

It is the responsibility of the veterinarian administering the inoculation to collect the $ 3 fee and forward them on a monthly basis, with rabies inoculation verifications and other forms, to the agriculture department.

The department may also accept funds from public or private sources, according to the law. All money received under the program goes into the dedicated account (the “Spay/Neuter Fund”) to reimburse veterinarians and cover the program's administrative costs.


August 29, 2006		2006-R-0509
ROAMING CAT LAWS

By: Joseph Holstead, Associate Analyst