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Conference misery::feline_v1

Title:Meower Power is Valuing Differences
Notice:FELINE_V1 is moving 1/11/94 5pm PST to MISERY
Moderator:MISERY::VANZUYLEN_RO
Created:Sun Feb 09 1986
Last Modified:Tue Jan 11 1994
Last Successful Update:Fri Jun 06 1997
Number of topics:5089
Total number of notes:60366

3759.0. "Cats and The Law" by CSCMA::BALDWIN () Thu Jun 28 1990 20:54

    
    Having previously discussed a siuation of a cat being hit by a motorist
    and how that motorist continued on his "merry way" without stopping,
    the subsequent discussions within that topic got me to wondering
    about the general laws about such immoral yet seemingly unstoppable
    tactics. 
    
    So, I've decided to start a general topic about Cats and the Law,
    seeing as there are no other topics titled as such (having done
    a DIRECT/TITLE= and found none). 
    
    How do others feel about laws not controlling the actions of an
    individual who has hit an animal and does not assume responsibility
    for it, whether or not it was their fault? In the case of a dog
    or a cat, I personally think it's disgraceful. In the case I had
    previously mentioned, the officer at the scene told me that there
    was a local ordinance, but that may not really be the case. 
    
    The whole incident got me to thinking about how one would go about
    *changing* the laws to include the protection of cats as well as
    dogs in "Hit and Run" types of situations. Granted, the owner has
    an obligation to protect his animal from such harm, and I am also
    concerned about that grey area of the law as well...but the fact
    of the matter is: I want to help change the laws/ordinances within my
    own neighborhood/community to protect the lives of our children as
    well as our pets, because along Central Street in Hudson, Massachusetts 
    there have been so many of God's creatures killed by recklessly
    speeding motorists, and both the lack of traffic lights and the
    inappropriately designated speed limits prove ineffective in curbing
    such accidents from occuring.
    
    But, I don't want to get on a SOAPBOX or anything like that...I
    would just like information on how I may proceed with such an idea
    (maybe even start my own Citizens for the Protection of Children
    and Animals chapter...hell, I don't even know if there is such an
    organization). 
    
    But I think this would be a good topic of discussion for anyone
    who has questions concerning other legal areas of ownership, etc.
    
    Any help on my particular issue is extremely appreciated. Thanks.
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3759.1WR2FOR::CORDESBRO_JOset home/cat_max=infinityThu Jun 28 1990 23:0612
    I think that the first thing that you would have to do would be
    to find out if your state, city, whatever defines cats as being
    the "property" of their owners like dogs are.  This seems really
    absurd to us, I know, but I once had a cat taken from me and the
    police could do nothing since in my state, cats are not considered
    property, and so the police could not intervene.  
    
    Once it was established that cats are our property, then you could
    proceed to have them included in the existing law about dogs that
    are hit by cars.
    
    Jo
3759.2can't have it both ways...FORTSC::WILDEAsk yourself..am I a happy cow?Fri Jun 29 1990 00:3228
>    Once it was established that cats are our property, then you could
>    proceed to have them included in the existing law about dogs that
>    are hit by cars.
    
With the full understanding that, once they are viewed "by law" as
property, they will also be licensed and subject to the normal restraint
laws that currently apply to dogs in virtually every community in
this country.  The reason cats are NOT PROTECTED is because they
are commonly viewed as "uncontrollable"....the driver that hits a
cat is not considered liable in virtually all states, because there
are NO LAWS GOVERNING THE CATS MOVEMENT.

In many states cats are looked upon just as a chipmunk, squirrel,
or skunk is viewed.  That is the problem.  The potential price is
that once cats are viewed as domestic pets ("property"), then the
owner of the cat will be held accountable for the maintenance of
the cat - as well as for the expense associated with attempting
to control cat population and keep dead cats from presenting a
health hazard in the community.  It doesn't take much stretch of
the imagination to see that leash laws would quickly follow, along
with licensing fees, etc.

I'm for it.  I don't believe cats should be allowed to run loose in
an environment that is not their natural habitat.  They can cause
as much problem, environmentally, as they can be victims of trouble due
to the injuries and deaths from cars/mean children/dogs.  However,
I suspect you will hear great howls of protest from many cat owners
when they are faced with this.
3759.3Would the law by enforced!!WILLEE::MERRITTFri Jun 29 1990 12:2913
    I agree that there should be laws for the protection of Cats, but
    do you really think the law would be enforced.  Our car got 
    broken into and totally wrecked...we called the cops who came up
    to investigate.  He documented what he saw and then got in his car
    ready to go, my husband then asked "well what happens next" and
    the response was "we'll never catch him..we don't have the money
    to investigated so I hope you have good insurance."  End of story!
    
    So be it...I have no faith the law would pursue an investigation
    for my furfaces!!  
    
    Sandy (Tamba, Poco and Barkley)
                                   
3759.4oops, was that a cat or a kid......FRAGLE::PELUSOPAINTS; color your corralFri Jun 29 1990 13:0021
    At least in Mass, there is a law already in place.  But no one seems to
    be enforcing it.  If someone saw a hit and run take place, and was
    fortunate enough to get the plate number, and reported it (without 
    getting laughed at), what are they gonna do?  slap the person in jail?
    fine them?  I doubt it would be followed up.
    
    I have the feeling that most people outside of our FELINE world view
    these issues differently.  They do not have an active forum which to discuss
    such issues (well maybe some of the loacl cat clubs), so I have a hard
    time believing that people care or are aware to the degree we are.  I
    mean if I had never stumbled across Feline, I wouldn't realize how
    important spaying/neutering/Felv shots and the other shots are.  I
    wouldn't be aware of the heated indoor/outdoor issue, and would
    definatly think those who keep their cats indoors were wacked
    (although now I respect their decisions).  I *LOVE* all animals, and
    animals are a part of my everyday life.
    
    I know several town cops, I think I am going to ask one about this
    and see what his opinions are.  This one in particular is an animal lover
    and is involved w/ horses.  But now I'm interested in finding out how
    others think.
3759.5"Resopnsibility" isn't "IN" in today's society..MCIS5::MCDONOUGHFri Jun 29 1990 13:2220
      Although I am in total agreement with the concept, my
    American-made-cynicism tells me that this is an exercize in futility.
    Why, MURDER is not even a crime in this country, so why do we think the
    wanton killing of animals would be?? As evidence to support my
    statements, it's a fact that 99.9% of people who get drunk, jump into
    their hi-powered autos and go out and kill someone will not even be
    ACCUSED of murder much less indicted or punished for it. BUT, if the
    same person kills with a shotgun, it's a different story. So, by
    applying rational though to this scenario, it seems that the WEAPON is
    the punishable thing, and NOT the crime. This ignorant application of
    the enigmatic "grey area" seems to have insidiously crept across much
    of American society...from the homeless, through the sleaze in the
    banking industry, through the alleged "drug war", which has in itself
    generated a monstrous industry on it's own which will prevent the
    problem freom EVER being solved. What this all boils down to in one
    word is RESPONSIBILITY!! THis isn't in "vogue" today, since it won't
    enrich multitudes of lawyers nor gain millions of votes for career
    politicians..nor will animal rights...
    
    JMcD
3759.6CRUISE::NDCPutiput Scottish Folds - DTN: 297-2313Fri Jun 29 1990 16:0130
    Several years ago I used to ride my 18 speed bicycle from Dorchester
    to Hanscom AFB and back once a week both to get exercise and to cut
    auto costs.  During one of those rides a driver coming out of a one
    way street the wrong way and failing to yield the right of way to
    a cyclist (on the right side of the road obeying the traffic laws)
    totalled my $300 Fuji.  I was banged up a bit but not seriously
    hurt as I was wearing gloves and a helmet.  I actually hit her.
    
    The driver initially stopped but took off when a witness suggested
    we exchange name and address info.  Since she was aware that she had
    damaged my bike her action constituted "Hit and run" which is much
    more serious than "leaving the scene of an accident".  We did get
    her license number and to make a long story short I eventually got
    a settlement from her insurance company for $250 to replace the cost
    of my bicycle.  This was done through the Cambridge police who
    basically contacted her saying that they had a report that she had
    been involved in an accident on such and such a day etc.  She didn't
    deny it and they got insurance info to pass on to me.  Other than
    a surcharge on her insurance there was no other action against her.
    
    The point I'm making is that IF there is a law making the driver 
    responsible, most likely the "restitution" will be in the form of
    replacing the cat and paying vet's expenses.  I don't believe
    there will be any punitive action taken against the driver.  
    
    That being the case, I still believe its worth pursuing a law.  I
    just want to be sure that folks have a realistic picture in mind
    of what the effect of this law would be and how enforceable it will
    be.
      Nancy DC