The Intersection of the American Legal System and Cat Protection Laws

Aisha Moon
Sep 19
6 min read

The Cat Protection Laws of the US

Many US states have specific dog codes outlining the laws and regulations concerning dogs, but few have similar codes for cats. While most states have enacted laws to decrease the number of feral and stray cats, there are fewer regulations aimed at protecting them. Nonetheless, many states consider this a local issue, allowing municipalities to create their own rules. All state laws include provisions for preventing cruelty, which apply equally to house cats, outdoor cats, and feral cats. In numerous states, cats must be vaccinated, and those adopted from shelters must be spayed or neutered to help reduce the stray population.

In some states, dogs and cats fall under the general category of animal control. A few states have merely included "cats" in their existing dog laws and regulations without creating a distinct set of laws for cats. Animal activists have emphasized the need for separate legislation for cats. To date, only California, Rhode Island, and Maine have taken significant steps in this direction.

Cat Protection Laws of California

All American states have anti-cruelty laws that apply to cats. However, only California, Maine, and Rhode Island have comprehensive cat protection laws.

California’s legal system requires annual veterinary care for cats, including vaccinations. The law specifies a minimum weaning age for kittens. If a cat is abused, animal control has the authority to remove the animal. Cats are not required to be leashed, but if they enter and damage private property, the owner may incur penalties. Animal control agencies, rescue centers, and shelters cannot give away or sell a cat that has not been spayed or neutered, unless a veterinarian certifies that the cat is too ill or injured to undergo the procedure. Veterans adopting a cat from a public animal shelter receive a waiver for the adoption fee.

While obtaining a license for a pet cat is optional, it is available at half the fee if the cat is spayed or neutered. Owners of cats that are not spayed or neutered will be fined as follows: $35 for the first occurrence, $50 for the second, and $100 for the third or subsequent occurrences. There are also laws regarding microchipping, holding periods for impounded cats, identification of ownership, and more.

California’s definition and laws concerning feral cats are detailed and noteworthy. These regulations are considered among the most humane compared to those in other states. The law states,

“(a) The Legislature finds and declares the following:

(1) Domestic cats' temperaments range from completely docile indoor pets to completely unsocialized outdoor catsthat avoid all contact with humans.

(2) "Feral cats" are cats with temperaments that are completely unsocialized, although frightened or injured tame pet cats may appear to be feral.

(3) Some people care for or own feral cats.

(4) Feral cats pose particular safety hazards for shelter employees.

(5) It is cruel to keep feral cats caged for long periods of time; however, it is not always easy to distinguish a feral cat from a frightened tame cat.

(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. A feral cat is totally unsocialized to people.

(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, shelter personnel qualified to verify the temperament of the animal shall verify whether it is feral or tame by using a standardized protocol. 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. If the cat is determined to be truly feral, the cat may be euthanized or relinquished to a nonprofit, as defined in Section 501(c)(3) of the Internal Revenue Code, animal adoption organization that agrees to the spaying or neutering of the cat if it has not already been spayed or neutered. In addition to any required spay or neuter deposit, the pound or shelter, at its discretion, may assess a fee, not to exceed the standard adoption fee, for the animal released."

Cat Laws of Maine and Rhode Island

In Maine, animal control officers have the authority to seize and transport a stray cat to an animal shelter if the owner does not appear. Additionally, if someone finds a stray cat, they can bring it to a shelter designated by the municipality. Maine's cat laws focus solely on the management of stray cats and do not include provisions for the protection of house cats. The state's laws also address vaccination requirements. Interestingly, Maine has an official cat breed—the Maine Coon cat.

Cat Laws of Rhode Island

Rhode Island stands out as the only state with a stringent law mandating a license for house cats. The Cat Identification Act requires that feral cats without owners be impounded. Licensing laws are often viewed as impractical, costly, and detrimental administrative measures that frequently result in the euthanasia of cats when they are not reclaimed by the community.

Municipal Cat Protection Laws

Local governments implement rules and regulations to safeguard cats and manage the stray cat population. For instance, Baltimore introduced a trap-neuter-return law in 2017 to help control the number of stray cats.

In comparison to dog protection laws, those for cats are limited and insufficient in many ways. States like Hawaii, Idaho, Kentucky, Ohio, and Washington lack legal provisions that specifically mention cats. In these states, it falls entirely on local governments to draft and enforce the necessary laws. For example, local governments in New Hampshire can decide whether to require cat licensing. In Louisiana, if local governments mandate cat licensing, the licensed cats must wear tags attached to a collar.

In Massachusetts, the owner has the choice of whether their vaccinated cat wears a vaccination tag. States such as Alabama, Arkansas, Connecticut, Rhode Island, South Carolina, and Texas have regulations that require cats to be vaccinated against rabies. Some other states do not have such requirements. South Carolina imposes a fine if a cat is found without proof of immunization. In Colorado, local authorities have the power to capture and euthanize unvaccinated cats.

Maryland has designated the Calico breed as its official cat, but the state lacks strong cat protection laws. Massachusetts also has an official cat breed, the tabby, yet there are virtually no cat-specific laws there. In Mississippi, vaccination for cats and dogs is mandatory.

Local regulations allow authorities to capture and euthanize free-roaming cats without owners. Many cat owners have outdoor cats that may be mistaken for feral if the owner is unaware when the cat is captured. Animal activists have expressed concerns about the safety of these cats and feral cats. Sometimes, local laws permit the capture of free-roaming cats if a resident complains. These regulations are problematic due to the roaming nature of outdoor cats that may have owners.

The city of Akron has enacted an ordinance declaring “zero tolerance” for the feral cat issue, but animal activists are advocating for a more humane approach to free-roaming cats. They are calling for the implementation of 'trap, neuter, and release' programs instead.

The US Needs Comprehensive Cat Protection Laws

In Virginia, a feral cat is classified as a companion animal. The state's law defines a "Companion animal" as:

"Any domestic or feral dog, domestic or feral cat, nonhuman primate, guinea pig, hamster, rabbit not raised for human food or fiber, exotic or native animal, reptile, exotic or native bird, or any feral animal, or any animal under the care, custody, or ownership of a person, or any animal that is bought, sold, traded, or bartered by any person. Agricultural animals, game species, or animals regulated under federal law as research animals are not considered companion animals for the purposes of this chapter..."

In most states, if a cat is impounded, the owner has between 72 hours and 10 days to reclaim it. Cats not reclaimed are either given to non-profits or shelters, or euthanized. In Alabama, if a cat is impounded due to lack of immunization, it will be destroyed after the owner is notified and given 7 days to reclaim it.

The varied and inconsistent laws regarding cats across the US suggest the need for a comprehensive and uniform set of regulations to protect them. The issue of feral cats requires a humane solution. Approximately 70% of impounded cats in the US are euthanized. Previously, if a shelter could not find an adoptive home for a cat quickly, many states required the cat to be euthanized. By the mid-20th century, the no-kill movement gained traction, and shelters began adopting no-kill policies. However, cats in the country still deserve more comprehensive legal protection.