Showing posts with label legislation. Show all posts
Showing posts with label legislation. Show all posts

Wednesday, December 19, 2007

Cat Trespassing

Cat trespassing can be irritating or worse for some people. I used to live in a bungalow with a garden and my darling Missie who was killed on the road outside the bungalow used to go next door. The next door neighbours didn't like it and I can understand that as he was a keen gardener. Cats can make a bit (but only a bit) of a mess in a garden sometimes. He simply made some noise and she came back.

What if he had put in place deterrents that caused injury to my cat? In the UK there are one or two things that can be done although the law is a bit of a mess on this. It is also untested.

The Occupiers Liability Act is designed to protect anyone who is injured as a result of the negligence of the occupier of the building or land. So for example, if I visited a persons house at Christmas and his staircase collapsed and caused injury, the person who occupied the house could be liable in negligence (the tort of negligence) and be required to pay compensation.

The liability extends to trespassers. A trespasser can, it seems, include your cat. For trespassers the duty of care is a little tighter. If the occupier knows that there is a danger and that your cat may come into contact with that danger and the risk is one that you could have provided protection against then the occupier could be liable.

Obviously if the occupier takes deliberate steps to deter the cat the test above is satisfied. Clearly if the human keeper of the cat accepts the risks knowing they exist then that would be a defence for the occupier of the property.

The best course of action is to take steps to avoid the problem occurring through preventative measures and dialogue. The rights of humans (your neighbour) is as important as those of your cat.

If you were forced to litigate on this expect a bumpy ride and an expensive one if you used a lawyer. Although this might fall under the small claims process. I would doubt if anyone would sue under this act in reality. It is too problematic. In general people accept that there is little that can be done in law against "trespassing" domestic cats. The answer is in dialogue. In North America, neighbors occasionally kill trespassing cats. That is cruel and against the criminal law in the UK.

Thanks to the author of the book Veterinarian Notes for Cat Lovers (for bringing this to my attention)

Photo copyright Paul Watson reproduced under Creative Commons

Cat Fur

Allegedly cat fur is being produced in Belgium under the noses of MEPs (Members of the European Parliament) while the MEPs proudly declare that there will be a ban on the importation (mainly from China) of cat and dog fur into Europe generally starting 2009. Several countries in the EU already ban the importation. Although how effective it is, is another business.

The UK can't even control immigration so how will it control the importation of fur that is misleadingly labeled?

The alleged farming of cat and dog fur in Belgium (Brussels) is not news (it was announced over a year ago) but it needs to be pushed out over and over again if things are to change. The apathy of the European Parliament in banning cat and dog fur is highlighted by the fact that the US banned it in 2000. And to allow the fur trade to thrive on the doorstep of the European Parliament is an insult (the preparatory meetings and complementary, non-plenary sessions of the Parliament take place in Brussels) to us all.

It would seem that for some time dogs and cats have been going missing from the streets of Brussels and Ghent. People have lost their pets. Of course they aren't sure how but there is circumstantial evidence.

There is also some hard evidence in the form of a videotape of a fur traders discussing the business made by the Humane Society International (HSI).

There is a lack of will to change things. It will change slowly. Far too slowly for the 2 million cats and dogs that are brutally killed in China alone.

It is alleged that the cats are skinned alive to ensure the fur is of better quality. I'd like to do the same to the people who are doing this to see how they like it.

The photographs are to grab attention are not illustrations of the brutality carried out on cats and dogs (obviously you can't get photographs of cats being skinned alive). They are (top) copyright Urtica and (bottom) flashman reproduced under creative commons.

The fur in the top picture may come from a feral cat but probably not and the blood in the bottom picture comes from a human.

Wednesday, November 21, 2007

Iowa Ban Wild/Domestic Hybrid cats

AN ACT REGULATING DANGEROUS WILD ANIMALS, INCLUDING THEIR OWNERSHIP AND POSSESSION, REQUIRING REGISTRATION, PROVIDING FOR FEES AND APPROPRIATIONS, AND PROVIDING PENALTIES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA

You can see an extract of this law under another article on the subject just below this one.

The photograph illustrating this article is by Helmi Flick copyright Helmi Flick

Comment: On the face of it this means a ban on Bengals including SBT Bengals (Stud Book Tradition). SBT Bengals are 4th generation, at least, and have about 12% wild blood in them. They are bred to be non-challenging and are true domestic cats, albeit it more active and more demanding than some other breeds.

This legislation which as far as I am aware is in force seems to have gone too far. Breeders have spent years developing a domesticated socialized Bengal cat. The other cats that fall into this category would be the Chausie and Savannah.

The tame wild cat would the Serval. Keepers can keep their "dangerous" cats (obviously) but need to register and pay a fee. As I understand it existing keepers will need also to microchip, supply a color photo of the cat, get insurance and keep the cat in an enclosure except under specific and authorized conditions.

Breeders can it seems seek exemption under conditions.

USDA licensed owners and breeders ARE NOT EXEMPT unless they are 501(c)3
non-profit as well, or are carrying out wildlife rehabilitation

I don't know what this means, if anything, on wider scale. Will there be a knock on effect and why are Bengals banned? What is the underlying thinking? On the face of it the purpose of the Act is the protections of the public from "dangerous" animals.

Are Bengal cats dangerous - No.

From Iowa Ban Wild/Domestic Hybrid cats to Cat Chit Chat

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