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Are cats really classified as "wild animals" in Arizona?

6/3/2013

16 Comments

 
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Domestic cats can be mysterious, elusive, and even predatorial.  Many people think of them as "tiny tigers" or "little lions," and believe that they are all "wild at heart."  Perhaps this is why so many people fall prey to the mistaken belief that domestic cats are "classified by law as wild animals" and that the laws protecting domestic animals do not apply to them.  This idea is demonstrably not true.

Some point to the fact that dogs are defined by statute as "personal property" (A.R.S. section 1-215(30)) as support for this position.  Cats are not included within this definition, these people argue, so therefore cats are classified as wild animals.  Livestock also are not included within this definition, though, and they clearly are not wild animals.  Like domestic cats, livestock are considered to be personal property, notwithstanding the statutory definition.

Others argue that, because cats are not required to be licensed or vaccinated against rabies, they must be classified as wildlife.  The fact that dogs must be vaccinated and licensed has little to do with their classification as domestic animals, and more with the historical role of the "dog catcher."  In the earlier days of American life, dogs often were allowed to roam free during the day, and were brought in at night.  Up until the early 20th century, it was not uncommon to visit a small community and find dogs running loose.  As dog predation of livestock became a problem, laws were passed requiring licensing of dogs and prohibiting them from running loose.  These laws served the goals of restraining dogs and providing accountability for damage caused by them. Cats were not included within these laws because they had not posed the same problems -- their predations were generally considered to be beneficial, as they reduced pest populations.

The requirement for rabies vaccinations actually arose independently of the licensing requirement.  As the threat of rabies increased, dogs were required to be vaccinated as a condition of licensure.  Because cats are not licensed, they are not required to be vaccinated.  In contrast, some wildlife is vaccinated against rabies.  Obviously, rabies vaccination is not a characteristic that determines the difference between wildlife and domestic animals.

The legal distinction between wild and domestic animals actually depends on ownership.  Arizona follows the common law doctrine of animal ownership, which distinguishes "ferae naturae" (wild animals) from "domitae naturae" (domestic animals).  As the Arizona Court of Appeals explained in Booth v. State, 207 Ariz. 61, 83 P.3d 61 (Ct. App. 2004): "A wild animal, ferae naturae, as opposed to a domesticated animal, domitae naturae, is owned by the state or the people at large. An individual does not acquire property rights in an animal ferae naturae as long as the animal remains wild, unconfined, and undomesticated."  

A domestic cat, like a domestic dog, is not owned by the people at large, but rather by one person or family.  If a cat is feral, then he or she could be considered wildlife (ferae naturae), but the same could be said of a feral dog.  The "untamed" and "wild" nature that we often see in cats is not enshrined in the law.  Cats enjoy and deserve the same protection under Arizona's laws that covers dogs -- as well as other domestic animals, including livestock and exotic pets.  Don't let your cat's "savage side" fool you into believing that she is left to the wilds.

16 Comments
sheeba link
7/9/2013 07:57:15 pm

Cats will always be wild at heart.

Reply
LuAnn Glass
7/5/2016 02:23:13 pm

Depends what you mean by "wild". Untrainable, No. Independent, No. Have a mind of their own, let's hope so. My cat, IzAak is sweet and cuddly, at times. He loves to race, climb, play and sleep on my legs. I doubt if he's anymore wilder than I am.

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Elizabeth Hagen
2/16/2022 05:44:49 pm

...my problem with supposedly domesticated cats is the blow ND eye of their human family who have no problem letting their cats out at night knowing full well that their cats are hunting the rabbits we love and enjoy to watch daily.

LuAnn Glass
7/5/2016 02:23:59 pm

Reply
Daryl Gouge
7/1/2018 09:23:37 pm

what can be done about neighbors cats using your property as cat box and get into your stuff

Reply
Jenny Davids
4/8/2020 05:22:20 pm

What can we do about neighbor's cats and feral cats using our yard as a litter box. I have talked to the neighbors and animal control. The neighbors don't care and AC said they replay can't do anything because cats are allowed to run free in AZ.

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Richard Black
12/3/2018 10:39:30 pm

Cats should have the same laws applied to dogs ! They carry rabies fleas and much more. They are dangerous mostly to children and very bad for wildlife. I have lots of wild rabbits that stay around the house outside and house cats come kill every babie in a nest just to kill them they leave the bodies and go to thier owners home to eat cat food. So like rats they should be allowed to be shot on site. Like dog owners cat owners should have to pay to register and vaccinate each cat they have and keep them leashed !

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JP Harrison
1/21/2019 09:18:14 am

This whole "wild" thing in AZ is typically crazy AZ behavior. Cats, like any animal can be wild, but the truth is the one in your lap isn't. Why do so many entities in AZ rely on this "cats are free roaming animals" lie as though it were a Statute? I have looked for the Statute and cannot find it. I called Arizona Humane Society for instruction on saving a wild cat and even they quoted me this....?

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BRW
1/23/2019 11:39:09 am

What is the law regarding stray cats? We ave a few that stop by for some food and water but they are not ours, or indoor cats. We named a couple because they are regulars but just for fun.

Thanks,
BRW

Reply
D. Edwards
12/30/2020 10:16:18 pm

Apply ARS 13-2910

Reply
Juliana G link
12/31/2020 04:53:27 pm

Nice blogg thanks for posting

Reply
Shirley Macey
5/12/2021 12:15:53 pm

Is there an actual statute or law in Maricopa county that states if you feed feral cats for 6 days or more you are then liable for them & can be sued in civil court for damages done by one of the cats.

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Tera kelley
10/14/2021 11:44:00 am

Can you help me find this law

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Shirley Macey
5/12/2021 12:23:42 pm

Does not the statute ARS 13-2910 cover feral cats also stating free roaming cats can not be moved from there place. Moving them is considered abandonment which is illegal in AZ. If so how can the sheriff in Maricopa County have a Critter remover come take them

Reply
Ben
9/12/2021 09:41:13 pm

What needs to happen is cats should not be allowed to roam outside there owners property, need to be licensed, spade neuter, all vaccinations, must be put on leash when off property, and fines if any of this is not met. Feral or free roaming cats should not be considered community cats because the community does not want them. And these cat hoarders that come into neighborhoods they don’t live in just to feed there colony need to be fined. They are only being cruel and should be held resonsible for cruelty to animals for abandoning these strays.

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Lexie link
11/7/2021 05:17:30 pm

I had a good time browsing your website. I don't leave very often
remarks, but you deservingly get a thumbs up! Looking forward to the latest one.

Reply



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    Chris Wencker has been practicing Animal Law in Arizona for more than a decade, including cases ranging from animal injuries to hoarding and veterinary malpractice to custody disputes.  He is recognized as one of the foremost Animal Law practitioners in Arizona, and has taught attorneys, law students, and laypersons about Animal Law topics.

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