Legislation and Your Cat cats, the legislative rationale for the bans, and also By what we can do to overturn those bans. Kristine C. Alessio, Esq. New York State and City Following an incident wherein someone had a tiger in Authors note: This article is meant as information only. Breed‐ ers and owners are strongly urged to check their state and local their apartment, Bengals became heavily regulated ordinances to make sure their cats are legal. This article is not within New York State and New York City. This meant to be legal advice and should not be interpreted as the legislation effectively outlaws Bengals of the F1-F4 same. It applies to all non‐domestic source hybrid cats, includ‐ generation in the State of New York. The City of ing Bengals, Chaussies, Savannahs, Serengetis, and Safari cats. New York bans all Bengals. In New York, there was a window of opportunity wherein an owner of a Ben- You have a cat, you live with it, it is a family mem- gal could obtain a permit for their cat, but that win- ber, your kids love it, maybe you even show it...it is dow closed several years ago. Now you cannot ob- your pet. Is the law something you need to be wor- tain a permit for your cats under any circumstance. ried about? Surely no one would prohibit your from New York is not the place to be with Bengal cats. having your pet? Right? The New York state law provides as follows: If you own a non-domestic source hybrid cat, the an- swer is, unfortunately, “Yes.” Even breeds that have § 11‐0103. Definitions. been recognized for years by The International Cat "Wild animal" shall not include "companion animal" as defined Association (TICA), such as the Bengal, are subject in section three hundred fifty of the agriculture and markets law. Wild animal includes, and is limited to, any or all of the to restriction and regulation in some states, counties, following orders and families: and cities. The laws can be clear, can be vague, or (1) Nonhuman primates and prosimians, can contain outright bans on your cats. Having a (2) Felidae and all hybrids thereof, with the exception of the Bengal, Chaussie, Savannah, Serengeti, or Safari cat species Felis catus (domesticated and feral cats, which shall (a non-domestic source hybrid cat---hereafter referred mean domesticated cats that were formerly owned and that have been abandoned and that are no longer socialized, as well to simply as a “Bengal” in this document) can place as offspring of such cats) and hybrids of Felis catus that are you in violation of the law depending on where you registered by the American Cat Fanciers Association or The live. As an owner, it pays to be aware of the laws in your state, county, and/or city and understand how they are interpreted and what they mean. Fortunately our cats are not regulated in most states and we do not usually have to worry. This article will address the states which ban our cats, the legislative rationale for the bans, and also what we can do to overturn those bans. Non-Hybrid Friendly States Fortunately our cats are not regulated in most Top of page: states and we do not usu- Greenmansions ally have to worry. This Moondance Minuet of article will address the Goldcharm Are your Bengals, Savannahs, and Chaussies, etc., legal? Bengals, Savannahs, Are your states which ban our Calcatta Starlette Courtesy of Kristine C. Alessio, Esq. and Copyright 2010 The International Bengal Cat Society, Inc. All rights Reserved. 2 HYBRID LEGISLATION CONTINUED International Cat Association provided that such cats be without any wild felid parentage for a minimum of five generations, New York City law completely bans all hybrids, as seen below: Rules of the City of New York ‐ Title 24 Department of Health §161.01 Wild animals prohibited. (a) No person shall sell or give to another person, possess, har‐ bor or keep wild animals identified in subsection (b) of this sec‐ tion or in regulations promulgated by the Commissioner pursu‐ ant to subsection (e) of this section other than in: (1) A zoological park or aquarium operated by the Depart‐ ment of Parks, by the Wildlife Conservation Society, or by the Staten Island Zoological Society; or (2) A laboratory operated pursuant to §504 of the Public Health Law; or (3) A circus or native wildlife rehabilitator licensed by fed‐ eral or state agencies; or (4) A place which has received the approval of the Depart‐ ment to exhibit or use such animals, and which has protec‐ tive devices which are adequate to prevent such animal from escaping or injuring the public. The Department may impose reasonable conditions and time limits on the grant‐ ing of such approval. (b) For the purposes of this Code, wild animals are deemed to be any animals which are naturally inclined to do harm and capa‐ Callista Luna ble of inflicting harm upon human beings and are hereby prohib‐ ited pursuant to subsection (a). Such animals shall include: hamster (Mesocricetus auratus), guinea pig, domesticated rab‐ (i) any animals specified by the Commissioner in regulations bit and fowl or small birds such as parakeet, parrot, canary and promulgated pursuant to this section; finch. (ii) any native or exotic wildlife whose possession or sale is (d) An animal whose possession is prohibited pursuant to this prohibited because they are designated as protected or section may be seized by any authorized employee, officer or endangered pursuant to any fed‐ agent of the Department or of any other agency of the City of eral, state or local law, regulation, New York, and the Commissioner shall provide for such animal's or rule; and There are a few appropriate disposition. (iii) any of the following animals: (1) An order issued by the Commissioner pursuant to this websites out there All dogs other than domesticated section shall contain a notice that the owner of such animal which are dogs (Canis familiaris), including, may, within three business days of receipt of the order, but not limited to, wolf, fox, coy‐ relatively up to request an opportunity to be heard with respect to whether ote, hyaena, dingo, jackal, dhole, the animal is a prohibited animal and its appropriate disposi‐ date and can at a fennec, raccoon dog, zorro, bush tion. The Commissioner shall provide such an opportunity to dog, aardwolf, cape hunting dog be heard as soon as practicable, but no later than 15 days minimum point and any hybrid offspring of a wild after receipt of such request. you in the right dog and domesticated dog. (2) With the written consent of the Department, an owner direction for (2) All cats other than domesti‐ of any animal whose possession is prohibited pursuant to cated cats ( Felis catus ), including, this section, may remove such animal to another jurisdiction finding out the but not limited to, lion, tiger, leop‐ where its possession is not prohibited pursuant to any local ard, ocelot, jaguar, puma, panther, laws in your state, or other law. mountain lion, cheetah, wild cat, county, and/or cougar, bobcat, lynx, serval, cara‐ city. cal, jaguarundi, margay and any Georgia hybrid offspring of a wild cat and The second place you do not want to be is the State of domesticated cat. Georgia. State law bans all non-domestic source hy- (c) In addition to domesticated dogs and cats, an animal may be brids, EXCEPT F4 and lower (i.e., F5, F6, etc.) Ben- kept, possessed, harbored or sold in the City of New York pro‐ vided that possession of the animal is not otherwise prohibited gals. You cannot get a permit. by law, including federal, state and local laws regulating domes‐ tic animals and livestock or protecting wildlife and endangered Title 27, Chapter 1‐2 (75)"Wild animal" means any animal which is species. Such animals include, but are not limited to, gerbil, not wildlife and is not normally a domestic species in this state. This term specifically includes any hybrid or cross between any Courtesy of Kristine C. Alessio, Esq. and Copyright 2010 The International Bengal Cat Society, Inc. All rights Reserved. 3 HYBRID LEGISLATION CONTINUED combination of a wild animal, wildlife, and a domestic animal. other person possessing any such animal as of January first, Offspring from all subsequent generations of such crosses or nineteen hundred and ninety‐four who has received a permit hybrids are wild animals. from the director; provided, however, that such permit has SECTION 1. been acquired on or before July thirty‐first, nineteen hundred Code Section 27_5_5 of the Official Code of Georgia Annotated, and ninety‐four. Such owner or other person shall be subject to relating to wild animals for which a license or permit is required, the rules and regulations promulgated by the division. Such is amended by striking subparagraph (b)(1)(K) and inserting in rules and regulations may include, but shall not be limited to, lieu thereof the following: provisions for the housing of such animals. "(K) Order Carnivora (weasels, ferrets, cats, bears, wolves, etc.) The provisions of this section shall not apply to an owner or — All species, except that a European ferret (Mustela putorius person possessing a domesticated show or pet cat registered furo) or a domestic Bengal cat may be sold, purchased, exhib‐ with a nationally or internationally recognized breeding associa‐ ited, or held as a pet without a license or permit; provided, how‐ tion or registry which certifies the pedigree and registration of ever, that the ferret owner can provide valid documentation such cat to be without any wild felid parentage for a minimum that the ferret was sexually neutered prior to seven months of of three generations.