What To Do - Abandoned Cats

[Ruin Maniac]

I think proof of ownership can include photographs and other forms of evidence that are not paperwork, however claiming ownership without paperwork could then involve hefty fines. But how do you prove the cats aren't microchipped?

I'm sure there are situations in which the cats can be rehabilitated but I do not believe it is up to the OP to decide their fate, but the council or RSPCA.

[Christina]

Of course people here like cats and of course we don't like the fact that most animals in pounds and shelters face death. It's an extremely unfortunate situation. But giving advice to the OP that may be against the law (as it is, they have not yet changed and must be obeyed) is also unethical. I don't think she can just rehome the cats or give them to a rescue, unless the laws are different in her state and if so, great. Otherwise, if in the unlikely event the owner went looking for them I think the OP could be charged with theft.

The owner is not going to go looking for them are they ? Because they have moved out & dumped/ left them behind.

So as they are not being stolen from the owner what is unethical here ?

Depriving the pound/RSPCA of destroying them ?

Its not like they have taken in 2 cats from the street that may be someones beloved pets & the owners are looking for them.

The cats will be destroyed & the owners will not be prosecuted.

I don't think the law here in SA is that you must hand them in if you know for sure they are abandoned as in these situations. They would be glad that you are keeping them.

At this time of the year the relevant places that take them are more like slaughter houses than rescue.

I have had kittens thrown over my fence. Microchipped, desexed, vaccinated them & found homes for them. I doubt the people who did this would be charging me with theft & I do not feel I am a thief or have acted unethically.

[WreckitWhippet]

So that half feral cats are kept, the owner gets away with it and the cycle continues.

[Brookestar]

Contact the RSPCA. It is all well and fine to want to try and rehome them, but the fact is the RSPCA has the power to charge them and to ensure that all future animals owned by her are being appropriately looked after - well as much as the law allows. The law does not allow for dumping of animals, etc. The RSPCA does rehome, between 50-60% of cats, to say they will simply be PTS is not the case. Sure the chances are high, but I personally find it kinder to do that, than to have them living the life they are living. They have more chance of being rehomed by the RSPCA than the local pound, but that is just a generalisation. Different places operate in different ways. I would love to see tougher laws and more being done to try and rehome many animals. But I don't believe that all animals can be rehomed. I am not aware of any no kill shelter, they would be better worded as low kill. ALL shelters kill some animals, whether they are diseased or overly aggressive, and rehabilitation has failed with them. The best thing one can do is to hope that this person can be charged and face some consequences for what they have done. It is animal cruelty, not animal control and that needs to be handled by the RSPCA, who has the power to charge her. Another option is to contact the RSPCA and say that you would like to work with them to see if they can be rehomed, some other way, if you are willing to do that. But the RSPCA does need to be called, so they can do all they can to charge the woman and hold her to account. When people just keep rescuing animals and rehoming them without the authorities being notified, they are allowed to continue doing what they are doing, as no one holds them to account for there behaviour.

[westiemum]

The difficulty here is that we can't be 100% sure the cats have actually been abandoned.  Under common law, animals are property and need to be formally exchanged as property and receipted. The owner could come back and accuse the OP of  stealing her cats. If it was me, I would put a note at the last known address (in this case next door), saying the cats are in your care as they are starving and  <b>appear</b> to have been abandoned and to please collect them. And go on to say if they are not collected within seven days then you will notify the RSPCA or keep them. It's not a fool-proof legal solution but it shows an attempt to do the right thing for  all parties,  by you in particular.  After seven days manage as you see fit - council, RSPCA, rescue, rehome.  The timeframe you are asking about seems to me to be too short - so be careful  - she may still come back and then there'll be trouble unless you can demonstrate you were trying to do the right thing by the cats <b>and</b> her. Hope that helps. <img src="http://www.dolforums.com.au/public/style_emoticons/default/smile.gif">

<div><br></div><div>ETA Cristina is right - in SA the RSPCA is nothing but a death sentence. I believe they have amongst kill rates in the country. Here they make little attempt to rehome or work with rescue.  So while I never advocate breaking the law I'm sympathetic to her position but to protect myself I'd try and transfer ownership legally first - somehow.</div>

Edited February 24, 2013 by westiemum

[Cleveland]

Thank you for all the replies and all the points of view put forward.

This is not easy for us, we love animals (hence have been feeding these cats for months) but it cannot go on now that she has packed up and left. We are not in a situation to take them much as we would if we could. Our dogs would be fine but our cat has serious aggression issues when it comes to other cats.

Its not fair on the cats, i would never let them go hungry but its not fair to live in my front garden either, not a fun life being stuck in the heat of summer and freezing in winter.

I even thought about buying dog kennel and putting it out for them, but realistically when my cat gets out the house and gets hold of them he beats the crap out of them. We try to manage this but accidents happen and he gets out.

We have called the council (closed) and left a msg regarding the situation and for them to please call us back. I have also emailed a rescue group feeling them out as to where they stand on rehoming cats that are not friendly, bit wild, and as of yet unclear if they can even legally take them.

In this case i don't even know what sex the cats are, im pretty sure one is a female, she is tiny, half the size she should be, she just never grew.

Ill hopefully hear back from the council tomorrow. Just very frustrated, angry and sad that im left to deal with this because she couldn't be bothered.

Thanks again i really do appreciate all the replies.

[Cleveland]

Oops forgot to add i will contact the rspca and see what they have to say about it.

I got hold of the little one today, no tattoos in her ears.

I dont want to get in trouble, but realistically these cats are the third lot she has had in 2 yrs of living next to her, the others before had kittens.... then all went missing.

I dont think she cares what happens to them

[cowanbree]

I live on a no exit road, just out of town and heaps of cats are dumped here. When I first arrived here I caught them and trotted them down to the SPCA where they pts every single one and these were not feral, just dumped. Now days I catch them, advertise them on lost and found pets for 10 days, desex them and rehome them myself if they are at all rehomable. I am not a cat person but I find it impossible to ignore their plight

[Christina]

The RSPCA does rehome, between 50-60% of cats, to say they will simply be PTS is not the case.

I find that hard to believe. If it is true for Victoria then its wonderful. My faith would be restored tremendously because I have lost it re this issue, which greatly upsets me.

Do you have a link to the re home info & stats ?

Its certainly not that way in SA. Both them & AWL have huge kill rates & will not let any go to rescue or back to breeders.

[cherylv]

RSPCA stats Australia 2010-2011

Someone asked for statistics for RSPCA

A big concern I have is that those lost are not advertised widely on their page (even to find where to look quickly) should be front page and those for sale rehoming often don't have photos - slightly improved but a quick check (for cats)still not good.

Sorry this is just for information as if others know they may say something it then helps improve chances for all pets.

Edited February 24, 2013 by cherylv

[tdierikx]

Regardless of the negative stats for impounded cats, it is still the law that any stray cats are reported to council. It is also illegal to feed and/or rehome any cat that you do not personally own.

I understand where you are coming from cherylv, but advocating breaking the law is not a good idea - no matter how well meaning your advice is.

Yes, the law is draconian - but it IS still the LAW, and penalties can apply if the law is broken.

T.

[cherylv]

Regardless of the negative stats for impounded cats, it is still the law that any stray cats are reported to council. It is also illegal to feed and/or rehome any cat that you do not personally own.

I understand where you are coming from cherylv, but advocating breaking the law is not a good idea - no matter how well meaning your advice is.

Yes, the law is draconian - but it IS still the LAW, and penalties can apply if the law is broken.

T.

Thank you pls help try to change the law. I am not saying break the law - is it the law not to feed another stray pet kangaroo any animal is that kindnes? (I think that is advice via a website) that is a worry - would you do that to a stray child? Where are we going to in our modern world?

[~Anne~]

Can someone point me to the legislation that states you must take an abandoned animal to the pound or RSPCA is SA.

I know that this is covered in NSW by the Companion Animals Act but SA operates under the Animal Welfare Act and I am not sure this particular area is covered by the Act.

[~Anne~]

Regardless of the negative stats for impounded cats, it is still the law that any stray cats are reported to council. It is also illegal to feed and/or rehome any cat that you do not personally own.

I understand where you are coming from cherylv, but advocating breaking the law is not a good idea - no matter how well meaning your advice is.

Yes, the law is draconian - but it IS still the LAW, and penalties can apply if the law is broken.

T.

In NSW it is law, but is it law in SA?

Sorry, I'm not up on laws for each state so I really have no clue. I do know though that each state operates under it's code or legislation though.

I think it's also important to note that some codes are codes only and are not legislation. Ie you cannot be fined or prosecuted for not obeying a code of practice.

Edited February 24, 2013 by ~Anne~

[tdierikx]

Where would it be legal to rehome any animal that does not legally belong to you?

T.

[~Anne~]

Where would it be legal to rehome any animal that does not legally belong to you?

T.

It was, and possibly still is, legal in Tasmania to hold onto any animal that is found to see if you can find any owner. You can then do as you please with it if no owner is found (obviously within limits).

As I said, for all of you stating it is LAW I'm interested to read the law that states the cats have to be handed to a pound or the RSPCA. It may well be law, and I am not saying it isn't, but more often than not DOLers get very confused with their legislation and they apply blanket statements that turn out to incorrect. These statements then add to the confusion that is companion animal care and control in Australia.

[~Anne~]

I've just had a quick review of the two pieces of legislation that it might come under in SA and I cannot find anything that states that the OP has to surrender these animals.

I'm really interested to get clarification though as I might have missed it.

Also Tdierikx - if the animals are abandoned for months and left to starve, they are not owned, they're abandoned.

[Are You Serious Jo]

I expect that if you can't find anything specifically then it reverts to general law. You can't just keep a wallet you find, or a car on the street so you can't keep something you find without some legal process. I know some councils are strict and they insisted on coming out at 10pm one night to collect a stray puppy, wouldn't even wait till morning.

[~Anne~]

Cleveland, instead of taking the, mostly incorrect, information here as gospel I would telephone the authorities for advice. The DOL police will do your head in with their 'LAW'. :D

In South Australia you could call :

The Dog and Cat Management Board

08 8124 4962

RSPCA

08 8231 6931

AWL

08 8348 1300

Or your local Council.

[megan_]

You can always put your name against the cats and then when their time is up they will be released to you. People seem to think that pound = death sentence but it doesn't have to be if people are willing to pay the fees and follow up (and provided it isn't a dog that looks like a PB in Vic).

That said, follow Anne's advice and ring the RSPCA and Mgt Board for advice.