Bill Text: DE HB178 | 2015-2016 | 148th General Assembly | Draft

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Bill Title: An Act To Amend Titles 11 And 16 Of The Delaware Code Relating To Sterilization, Life And Sustaining Care Of Cats.

Spectrum: Strong Partisan Bill (Democrat 13-1)

Status: (Engrossed - Dead) 2016-07-01 - Passed by House of Representatives. Votes: Passed 29 YES 10 NO 0 NOT VOTING 2 ABSENT 0 VACANT [HB178 Detail]

Download: Delaware-2015-HB178-Draft.html

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SPONSOR:	Rep. Mulrooney & Rep. Keeley & Rep. Lynn & Sen. McBride
	Reps. Baumbach, Bennett, Outten, B. Short, M. Smith, Viola, K. Williams, Wilson; Sens. Blevins, Cloutier, Henry, Peterson

HOUSE OF REPRESENTATIVES

148th GENERAL ASSEMBLY

HOUSE BILL NO. 178

AN ACT TO AMEND TITLES 11 AND 16 OF THE DELAWARE CODE RELATING TO STERILIZATION, LIFE AND SUSTAINING CARE OF CATS.

WHEREAS, community cat programs that provide humane and effective methods to limit the number of unwanted cats, prevent the spread of rabies, and improve the cat's quality of life are recognized as beneficial and successful strategy to address community cats; and

WHEREAS, numerous good Samaritans provide life-sustaining care for un-owned community cats without taking custody of the animal; and

WHEREAS, current law lacks definitions and protections for community cats and for the individuals providing care; and

WHEREAS, community cat programs trap, neuter, vaccinate and release strategy is a recognized method to decrease the number of unwanted cats; and

WHEREAS, there is a need for improved record keeping to measure the community cat population; and

WHEREAS, ear-tipping is a recognized marking to identify cats that have been vaccinated and sterilized;

NOW THEREFORE:

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Chapter 5, Subchapter VII, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and redesignating accordingly:

§1325. Cruelty to animals; class A misdemeanor; class F felony

(a) For the purpose of this section, the following words and phrases shall include, but not be limitedto, the meanings respectively ascribed to them as follows:

(7) "Custody" includes the responsibility for the welfare of an animal subject to one's care and control whether one owns it or not. A person who provides sterilization or life-sustaining care to a free roaming cat that is not owned or lacks visible owner identification is not deemed to have "custody", "care" or "control" of the cat for purposes of this section.

(8) "Community cat" means any un-owned free roaming cat that has been sterilized, vaccinated against rabies, ear-tipped, and returned to field, and may be cared for by one or more community cat caretakers, who may be known or unknown, in the immediate area.

(b) A person is guilty of cruelty to animals when the person intentionally or recklessly:

(1) Subjects any animal to cruel mistreatment; or

(2) Subjects any animal in the person's custody to cruel neglect; or

(3) Kills or injures any animal belonging to another person without legal privilege or consent of the owner; or

(4) Cruelly or unnecessarily kills or injures any animal whether belonging to the actor or another. This section does not apply to the killing of any animal normally or commonly raised as food for human consumption, provided that such killing is not cruel. A person acts unnecessarily if the act is not required to terminate an animal's suffering, to protect the life or property of the actor or another person or if other means of disposing of an animal exist which would not impair the health or well-being of that animal; or

(5) Captures, detains, transports, removes or delivers any animal known to be a domestic farm animal, pet or companion animal, community cat, or any other animal of scientific, environmental, economic or cultural value, under false pretenses to any public or private animal shelter, veterinary clinic or other facility, or otherwise causes the same through acts of deception or misrepresentation of the circumstances and disposition of any such animal.

Paragraphs (b)(1), (2) and (4) of this section are inapplicable to accepted veterinary practices and activities carried on for scientific research.

Paragraph (3) and (4) of this subsection are applicable if the animal killed or injured is a dog or cat of undetermined or unknown ownership, including a community cat.

Cruelty to animals is a class A misdemeanor, unless the person intentionally kills or causes serious injury to any animal in violation of paragraph (b)(4) of this section or unless the animal is killed or seriously injured as a result of any action prohibited by paragraph (b)(5) of this section, in which case it is a class F felony.

Section 2. Amend Chapter 30F, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and redesignating accordingly:

§3001F. Definitions.

For purposes of this subchapter:

(5) "Community Cat Program" means a program in which healthy, free roaming cats lacking discernible owner identification are sterilized, vaccinated against rabies, ear-tipped and returned to a safe location near or where they were found or if necessary appropriately relocated.

§3003F. Animal adoption, recovery, and rehabilitation.

(a) Animal shelters shall be open to the public after normal business hours, including evenings and weekends, to increase access for the purpose of adoption.

(b) Animal shelters shall provide a minimum holding period of 72 hours for animals in their care, to allow reclamation by their owners. If an adoptable animal is not reclaimed, the animal may be transferred to another animal shelter or rescue for adoption, or adopted as a companion in a suitable home. This holding period required by this subsection shall not apply to owner-surrendered animals, cats that can be returned to the site of capture as part of a community cat program, or other cases in which the owner of the animal is known. Wild animals may be disposed of by rehabilitation to their natural habitat.

(d) Animal shelters shall establish and maintain a registry of organizations willing to accept animals for the purpose of adoption, including breed specific rescues, return to the field as part of a community cat program or community cat rescue organization, or to provide the animals with long-term placements. The registry shall include the types and breeds of animals about which the organization wishes to be contacted. Animal shelters shall have the right to inspect the facilities of any adoption organization taking animals from the shelter.

§3004F. Euthanasia in animal shelters.

(a) Any dog, cat or other animal held by or in the custody of an animal shelter and not adopted, transferred to another shelter or animal rescue group, or reclaimed by the owner within 5 days may be euthanized, provided that no reasonable alternatives are available and the requirements of subsections (b) and (c) of this section are met.

(b) Animal shelters shall ensure that the following conditions are met before an animal is euthanized:

(5) Organizations on the registry developed pursuant to §3003F(d) of this title are not willing to accept the animal; and

(6) A cat is not a healthy ear-tipped cat whose source of origin can be identified; and

(6)(7) The animal care/control manager certifies that the above conditions are met and that such manager has no other reasonable alternative.

§3007F. Record keeping and reporting.

Animal shelters shall maintain records regarding the following information:

(4) Number reclaimed by owner or caretaker;

(9) Records showing compliance with vaccination requirements; and

(10) Records regarding medical treatment provided.; and

(11) Number of cats returned to field as part of a community cat program.

The information in paragraphs (1) through (7) of this section shall be posted to the shelter's website on a quarterly basis. The information in paragraphs (8), (9), and (10) and (11) of this section shall be made available upon request by appropriate authorities.

§3013F. Definitions.

(a) "Abandoned/free roaming/homeless/stray/unwanted animal'' — A cat or dog with no known owner or keeper or not wanted by its owner or keeper or that may be deserted by its owner or keeper.

(f) "Community cat" – any un-owned free roaming cat that has been sterilized, vaccinated against rabies, ear-tipped, and returned to field and may be cared for by one or more community cat caretakers, known or unknown, in the immediate area.

(g) "Community cat caretaker" – A person who provides shelter, medical care, or food to feral or free roaming cats lacking discernible owner identification, and works to reduce colony numbers by working to spay and neuter the animals within their specific colony or colonies.Community cat caretakers are not owners.

(h) "Ear-tip" – The removal of approximately a quarter-inch off the tip of the cat's left ear while the cat is anesthetized.

(g)(i) "Feral cat'' — An offspring of abandoned domestic cats who reverts to is in a semi-wild state and lives outside in family groups called colonies. Feral cats may have a temperament of extreme fear and resistance to contact with humans.

(h) "Feral cat caretaker'' — A person or group of people who provide food and shelter to feral cats, and work or works to reduce colony numbers by working to spay and neuter the animals within their specific colony or colonies.

(i) "Keeper'' — A person in possession or control of a cat, dog or other animal becomes the keeper of a stray domesticated animal, other than livestock, if the person feeds that animal for at least 3 consecutive days.

§3015F Eligibility; division of Spay/Neuter Fund proceeds.

The proceeds of the Spay/Neuter Fund outlined in this subchapter shall be available to those parties qualifying for participation under the following eligibility requisites:

(1) An individual may qualify to participate in the program if the individual:

e. Presents a Delaware feral cat or a Delaware stray dog or is the owner or keeper community cat caretaker of the Delaware cat or Delaware dog being spayed or neutered to a participating veterinarian or clinic.

SYNOPSIS

This bill encourages spaying, neutering, and vaccination in order to limit the number of unwanted cats and protect the public from rabies and other diseases carried by unvaccinated animals.The bill defines "community cats" and "community cat caretakers" whereby one or more persons may provide food, shelter, or medical treatment for free roaming cats without becoming an "owner" for legal purposes.These cats may be released back into the community with an "ear-tip" to mark them as a vaccinated and spayed/neutered.It also adds community cats to the list of qualifying factors for participation in the state low cost spay/neuter fund.