Stray cat feeder cleared of littering charge by DA

The Shasta County District Attorney's Office on Friday declined to prosecute 68-year-old Joan Vivian Neptune for littering by leaving food out for homeless cats.

Redding defense attorney John Kucera said the littering citations issued to Neptune by Anderson police for feeding feral cats and, in one case, a possum, were dismissed Friday morning by the district attorney's office.

Kucera, who represented Neptune at no charge on behalf of the newly formed nonprofit Shasta Animal Welfare Foundation, said he had talked to District Attorney Jerry Benito on Thursday.

Benito told him that he had determined that Neptune's conduct did not legally constitute littering, Kucera said.

"Clearly, the (littering) charge did not apply," Benito said Friday. "I don't see where there's been a violation."

Although state law prohibits feeding wild game, that statute does not apply to domestic animals, even feral cats, Benito said.

The district attorney said the Anderson City Council could always amend its municipal code to prohibit people from leaving food out for feral cats, but he hopes a simpler solution can be reached.

"It's the kind of thing that should be worked out," he said, suggesting that Neptune might want to meet with Anderson police Chief Dale Webb to try to resolve any differences they might have. "I'm hoping they can resolve it."

Neptune, a retired registered nurse and 34-year Anderson resident, has been feeding, capturing and then having feral cats neutered or spayed before releasing them since 2001.

Delighted that the littering charges against her were dropped and that she can continue feeding the cats, Neptune maintained that the allegations against her were groundless.

"I don't litter," she said. "It was so ridiculous in the first place. It sounds like it should have never gotten to court."

Neptune said she's thankful for the support from Kucera and the Shasta Animal Welfare Foundation. She's also in the market for those who want to adopt the feral cats, she said.

Anderson police cited Neptune for littering in April when they caught her feeding homeless cats on public property, and again in June when she left food out for a possum.

She faced a fine of up to $1,000 for each infraction.

Although the littering infractions were dismissed, Neptune is still fighting a traffic ticket she recently received for a stop sign violation she picked up during one of her late-night feral cat feeding rounds.

Reporter Jim Schultz can be reached at 225-8223 or at jschultz@redding.com.