What do I do if they fine me?

In the midst of this international pandemic, the ministry for health recognised that animal welfare associations in Spain are performing an essential service.

Five tips for people who feed stray cats

Someone who feeds colonies of stray cats contacted me recently because they had been issued with a fine of €100 for feeding feral cats by a town hall in Murcia region, which was not applying the CER method (TNR – trap, neuter and return to their place of origin) even though it is legally obliged to do so under article 25 of that region’s Law 6/2017 on animal protection.

The fine used as its legal basis an archaic municipal bylaw based on the Murcia region’s Law 10/1990 on animal protection, which has been repealed. As such, this fine is null and void even though the person did not have a licence to be an authorised feeder. However the fine is not automatically null and void, as the feeder still has to appeal against it.

If you are interested in this topic, keep reading because I will tell you about this case and give you five tips that I am sure will be a great help to you or anyone who is worried about being fined or already has been.

1. Read the fine carefully. Read the fine letter in detail several times in a quiet place, as you will see that it contains a great deal of information that could be very helpful to you.

2. Write down the notification date.

Write down the notification date of the letter because it is very, very important. Keep reading…

3. Ask for a copy of your case file.

Immediately request in writing a copy of the case file for your fine (expediente administrativo sancionador) from the authority that has issued it. It is very important to access the file, preferably before you lodge your appeal, to see what the officer who fined you said and any other details it contains.

4. The applicable law Carefully analyse the fine letter to see what law and what article of it the fine is based on. Look on the internet for the content of this law that they say you have broken and compare this content with what the animal protection law for your region says.

5. Deadline to appeal or pay the fine

Generally, the deadline to appeal a fine is 15 working days from the day after the notification. Remember that fiesta days and weekends do not count towards this deadline.

The consequences of your decision either to pay the fine or appeal

a) If you pay the fine you will be admitting that what you did is wrong and every time you feed cats they could fine you again.

b) If you appeal it is a good idea to have a bit of basic knowledge about the legislation regarding feline colonies, or get a lawyer to appeal for you.

Recently I taught an online course about the legislation applicable to feline colonies, which was organised and subsidised by San Miguel de Salinas town hall and primarily aimed at local police and people who feed stray cats. The course was a great success because all 50 places were booked up within just 24 hours.

For the course we analysed the administrative and criminal rules that protect stray cats.

Fortunately in the Vega Baja del Segura area, more and more town halls are applying the TNR method, including San Miguel.

In this town hall, the councillors for health and animal protection actively collaborate with the feeders in the municipality. In fact the local authority is already working on a municipal census of its feral cats and the active application of the TNR method. And very soon these feeders will also have their licences issued by the town hall.

If you would like to receive information about discounts and promotions of our online courses about legislation applicable to feline colonies, subscribe to our community on the website www.deanimals.com and you will be kept up to date.

And if you want your town hall to apply the TNR method, be active and write them a letter demanding this. You could even attach this article to your letter.

Take heart if you are a feeder and/or manager of feline colonies, I hope that this advice will be a big help to you. Thank you for looking after them.

Raquel gives talks to educate the authorities and associations about animal law.

More information about her work is available on her website, www.deanimals.com, and Facebook page: DeAnimals.