The State of Feral Cats in Ohio
Estimates from some sources indicate there may be 3 million to 8 million feral cats in Ohio. Nationwide, a 2002 study estimated that there are at least 60 million feral cats in the U.S. The problem with feral cats is underreported in Ohio, meaning these 3 to 8 million estimates likely miss the mark and overestimate the number of feral cats in Ohio and the US.
Feral cats are not just strays that were abandoned. They are cats that have lived with little to no human interaction. As a result, they are different than stray cats; feral cats are usually terrified of humans and will run at the sight of one. These cats are by definition not socialized and generally not domesticated, even though they often look like our household pets. While free-roaming cats were once called "stray or barn cats , " the term "feral" was adopted because wildlife advocates argue that free-roaming cats eventually revert to a wild state.
Feral cats are frequently found in places that may seem unusual for a wild creature to be found, such as suburban neighborhoods. When people set down roots, they unintentionally create a supportive place for feral cats to congregate in urban settings like neighborhoods, parks, parking lots, dumpsters and manufacturing sites that also provide some shelter in places like brush piles, under porches, bushes, trees, roofs and abandoned buildings.
Free-roaming cats can pose problems including the transmission of diseases and parasites to humans, pets and livestock, and predation and competition for food and shelter with wildlife.
Essential Ohio Feral Cat Statutes and Laws
Both the state of Ohio and local municipalities have laws that may impact feral and free-roaming cats. This section summarizes key regulations.
Laws Relating to the Care of Feral Cats
There are no statewide laws regulating the care of feral cats in the State of Ohio; however, municipalities are permitted to enact ordinances regulating the care of both feral and free-roaming cats, so it is important to check with the local municipality.
Feral Cats as Nuisances: State Laws
Ohio law defines a nuisance as "a person, owner, or occupier who causes or allows … any condition which provides a habitat for vermin…" Ohio Revised Code § 3767.41(B)(1). "Vermin" is defined to include "wild cats or dogs." Ohio Revised Code § 3767.41(B)(2).
If the health officer or board of health has reason to believe that any nuisance exists within the municipality, the health officer or board of health shall investigate and abate the nuisance under Ohio Revised Code § 3707.01 or within the scope of the powers and duties prescribed by law.
Feral Cats as Nuisances: Local Laws
If the health officer or board of health has reason to believe that a nuisance exists within the municipality that was created by the presence of cat feces, or if confirmed by a physician as bearing public health significance, the health officer or board of health shall investigate and abate the nuisance within the scope of the powers and duties prescribed by law. Ohio Revised Code § 3707.48.
Feral and Free-Roaming Cats
The presence of any number of feral and/or free-roaming cats on residential or commercial property may be regulated by a variety of state and local laws.
Trap-Neuter-Return (TNR) in Ohio
Trap-Neuter-Return ("TNR") programs are often an effective means of stabilizing feral cat populations. In TNR programs, caretakers trap cats, spay or neuter them at local animal clinics or shelters, and then return the cats to their colonies. The primary objective of TNR programs is to prevent additional births. In many cases, TNR programs can stop new kittens from being born, saving the lives of many cats in the colonies. Studies show that only three to twenty percent of feral cats are spayed or neutered in unregulated colonies. Only one to two percent of feral cats are spayed or neutered in regulated colonies. See Robert Corrigan, "Deferred Responsibilty: Feral Cats," Animal Protection Institute, at 2, available at http://www.api4animals.org//pdf/Deferred_Response_Responsibility_Feral_Cats.pdf. In Ohio, so long as TNR programs are approved by their municipalities, they may be authorized in areas where there are approved feeding stations. Ferrell v. The City of Hamilton, 2006-Ohio-5765, 2006-106, 2006-112, 2006-114, 2006-115, 2006-143, 2006-144, 2006-145, 2006-146, 2006-147, 2006-148, 2006-149, 2006-150, 2006-151, 2006-152, 2006-153, 2006-154, 2006-158, – Ohio Court of Appeals, First District, Hamilton County (Oct. 27, 2006). The City of Hamilton prohibits the feeding of cats except in specific areas authorized by the City. Two women began "Cat Crusade" in which volunteers began placing food and water at feeding stations for the cats. The City of Hamilton dismissed the women’s request for a hearing to address an alleged violation of the ordinance. The women obtained a temporary restraining order against the City, preventing the City from maintaining any trapping or impoundment program against the women. Ferrell v. The City of Hamilton held that feeding feral cats in regulated areas should be encouraged when "proper precautions are taken to ensure that the animals are healthy, that harm to children or spectators is controlled, that the cats do not become a nuisance to home owners or business owners, and that the prevalence of these feral cats is controlled through spaying or neutering." Id. at 8-9.
Feral Cat Welfare and Safety for the Public
In an attempt to balance both public safety and feral cat welfare, the law requires health concerns related to cat overpopulation be addressed along with the use of humane methods of cat population control. Feral cats and their kittens are constantly at risk of death. Without any kind of care, a kitten will grow ill and die. Even if they manage to survive past infancy, their life expectancy is still drastically shortened by diseases or accidents. Meanwhile, shooting stray or feral cats is legal and the use of poisoned bait in households is somehow not outlawed.
Many people live in fear of a rabies outbreak. The law tries to ease this concern by encouraging local governments to offer low-cost spay and neuter services for feral cats and maintaining rabies vaccination programs for owned and unowned cats. These programs can include the use of on-site rabies vaccination clinics, outreach and education programs, and offer educational materials to individuals when vaccinations for their own pets are given at private veterinary offices.
Concerns about public safety have complicated the situation further. Local government may contract with private agencies for animal control services. These nonprofits usually operate under a "catch and kill" model, trapping as many feral cats as possible, riding them of diseases, neutering them, and then putting them down. The law provides for the development of increasingly popular TNR programs. A TNR program makes use of humane traps and neuter services, followed by the ear-tipping of the released feral cat . The township must enact an ordinance specifying that "and feral cat may be trapped and neutered, vaccinated, and returned to the area where the feral cat was trapped, which shall be known as a ‘trap-neuter-return’ program." The law goes on to state that "as used in this division, ‘ear-tipped’ means that the left ear tops of the feral cat has been removed with a single cut for the purpose of assisting the feral cat with capturing in the future." Local governments must enact these trap-neuter-return ordinances to encourage private sector efforts to deal with the problem.
But even if the law makes it clear that this is the preferred method of addressing the issue, most people don’t want to do it just because it’s the law. They want to know that they won’t face negative consequences for taking actions that benefit community health and safety. The law minimizes the potential for any crime or regulatory offense by requiring residents to keep both their pets and feral cats properly cared for, which in turn will allow both groups to live together peacefully. It does not restrict the lawful and acceptable methods by which feral cats will be dealt with.
Section 955.31 says that no person shall fail to comply with an order of a pound or shelter to capture or restrain a cat or with a registered trap-neuter-return program ordinance. You are encouraged to report any violations to your local government or pound. Otherwise, you can also trap cats for various reasons. The law states that "no person shall trap or capture a feral cat and fail to take the feral cat to a pound, shelter, veterinarian, or other person or entity.
Landowner and Resident Cat-Related Legal Obligations
Under Ohio law, property owners have a responsibility to uphold the humane treatment of all animals, including feral cats. Unfortunately, there are no specific statutes that apply to property owners or residents when it comes to feral cats damaging property.
Ohio Revised Code Sections 951-951.99 contains the animal cruelty statutes, which cover the humane treatment of all animals. 951.01 defines "person," who may be responsible for a violation of Sections 951.02 through 951.56, as not only an individual human being, but also includes a firm, partnership, association, corporation, guardian, receiver, or other fiduciary. 951.03 (C) outlines the duty of an owner or person harboring an animal to provide adequate care for the animal, which includes, "(3) Having a proper multi-compartmented litter box continually available for the animal’s use or, if the animal is not litter trained, having the animal continually provided with an alternate means to prevent, control, and eliminate waste inside the animal’s environment."
Violations of Sections 951.02 through 951.56 are first-degree misdemeanors, unless the offense is a violation of Section 951.14 (treating an animal inhumanely), in which case the violation is a fourth degree misdemeanor.
The Ohio feral cat advocate Tom Skeldon familiarized Ohioans with the Ohio Revised Code Section 3767 violations of nuisance, and how these violations can relate to feral cats on one’s property. Ohio Revised Code Section 3767.50 states that, "No person shall cause, permit, or allow any of the following to exist upon the premises owned, leased, controlled, or occupied by the person: (K) [a] nuisance;"
Raymond Danner notes that cat colonies can be considered nuisances depending on a number of factors. However, the most significant factor that makes feral cat colonies a nuisance is disease. Another significant factor that can make a cat colony a nuisance is infestation by parasites such as fleas and internal parasites. An infestation usually indicates that appropriate care of the colony is lacking. These parasites pose a health risk to humans, pets, and livestock in the area, and as such, create a nuisance.
Legally-Approved Ways to Support Feral Cat Programs
A number of local communities in Ohio have feral cat initiatives or organizations that work in parallel with the local community and animal control on issues involving feral cats. These local groups are a great way for any Ohioan who is concerned about feral cats to support them legally. These groups typically will have websites or social media accounts that provide information on how you can help. Donations, volunteering opportunities, supportive resolutions, outreach campaigns, assisting with T.N.R. (trap, neuter, release) opportunities , and advocacy presence are but some of the ways these groups support responsible management of feral cats. Many of these groups also will assist in providing information on responsible management of feral cats with whatever issues a resident may have in their neighborhood. They will provide assistance on T.N.R. strategies as well as best practices for management of a colony. As new and novel issues arise in local communities concerning feral cats, public engagement with these groups can assist with a unified and strategic response to concerns that may arise.
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