[Adopted 8-24-2010 by Ord. No. 41-10]
A.
Notwithstanding anything to the contrary in this chapter, this article
is intended to govern all matters which relate to the management of
feral cats.
B.
ABANDONED
ANIMAL CONTROL OFFICER
CAREGIVER
DOMESTICATED CAT
EAR MARKED
FERAL CAT
FERAL CAT COLONY
NUISANCE
OWNER
SPONSOR
TNR PROGRAM
For the purposes of this article, the following terms shall have
the meaning set forth in this article. When not inconsistent with
the context, words used in the present tense include the future, words
in the plural number include the singular, words in the singular number
include the plural, and words in the male gender include the female
gender.
An owner or caregiver has forsaken a domesticated cat entirely,
or has neglected or refused to provide care and support to the cat.
Any person employed or appointed by the Township who is authorized
to investigate violations of laws and regulations concerning animals,
and to issue citations in accordance with New Jersey law and this
Code.
Any person who provides food, water or shelter to or otherwise
cares for a cat or cats.
A cat that is socialized to humans and is appropriate as
a companion for humans.
A tagged, notched or tipped left ear as performed by a licensed
veterinarian.
A cat that is not socialized to humans and is not appropriate
as a companion for humans.
A group of cats that congregates, more or less, together
as a unit. Although not every cat in a colony may be feral, any nonferal
cats that congregate with a colony shall be deemed to be a part of
it.
Shall include, but not be limited to, disturbing the peace
by:
Any person, firm, corporation, partnership, association,
trust, estate, or any other legal entity.
The Brick Township TNR Committee and any person or entity
approved by the Brick Township TNR Committee to perform the responsibilities
of a sponsor, as contained in this article.
A program pursuant to which feral cats are trapped, tested
for feline FIV and leukemia, neutered or spayed, vaccinated against
rabies and returned to the location where they congregate.
There is hereby created the Brick Township TNR Committee which
shall perform those functions related to the Township's TNR Program,
as specified in this article, and also promote and seek donations
to support the program. The Committee shall consist of seven members,
and the members shall include the Township's Animal Control Officer,
one Township Council Member, one Mayor's representative, and
four citizens, of which two shall be appointed by the Township Council
and two by the Mayor. The Mayor shall appoint the chairperson for
the TNR Committee.
Owners of domesticated cats shall:
A.
Provide appropriate and adequate food, water and shelter for their
cats, pursuant to N.J.S.A. 4:22-26;
B.
Exercise reasonable care to guard against the cat creating a nuisance;
C.
Not permit a sexually intact (not spayed or neutered) domesticated
cat to roam unsupervised; and
D.
Not abandon a domesticated cat, pursuant to N.J.S.A. 4:22-26.
Feral cat colonies shall be permitted, and caregivers shall
be entitled to maintain them in accordance with the terms and conditions
of this article.
Any person or entity who desires to be a sponsor may apply to
the Brick Township TNR Committee to serve as a TNR program sponsor.
All applicants shall comply with the requirements of this article
and execute a Brick Township TNR Committee-approved sponsor contract.
Any person or entity intending to undertake the responsibilities of
a sponsor shall advise the Brick Township TNR Committee in writing
and provide his/her/its address and telephone number.
It shall be the duty of the sponsor to:
A.
Review and approve of colony caregivers. Sponsors may only grant
approval of a colony caregiver if:
(1)
A waiver of liability has been executed by the colony caregiver,
on a form approved by the Township, which shall be filed with the
Township Clerk; and
(2)
The caregiver has successfully completed the certification and training
program conducted by the New Jersey Animal Rights Alliance, or other
certified instructor.
B.
Help to resolve any complaints over the conduct of a colony caregiver
or of cats within a colony;
C.
Maintain records provided by colony caregivers on the size and location
of the colonies, as well as the vaccination and spay/neuter records
of cats in the sponsor's colonies;
D.
Report biannually to the Township, on July 1 and January 1 of every
year, the following information regarding the previous six months
of monitoring:
E.
Use due consideration to avoid the harming of rare, threatened or
endangered species under the Endangered and Nongame Species Conservation
Act, N.J.S.A. 23:2A-1 et seq.;
F.
Seek donations to support the Township's TNR program. Any funds
collected shall be given to the Township Chief Financial Officer and
placed in a trust dedicated to the fulfillment of the TNR program,
as allowed under applicable laws;
G.
Advise caregivers of the names of the licensed veterinarians under
contract with the Township to perform those veterinarian services
required by this article;
H.
Obtain from caregivers the invoice of the veterinarian contracted
by the Township to perform veterinarian services required by this
article and present the invoice to the Township Chief Financial Officer
for payment; and
I.
Provide caregivers prior approval for veterinarian services required
under this article.
Caregivers are responsible for the following:
A.
Registering the feral cat colony with the sponsor;
B.
Taking steps that are reasonably likely to result in the vaccination
of the colony population for rabies, and making reasonable efforts
to update the vaccinations on cats that can be recaptured;
C.
Taking steps that are reasonably likely to result in the spay/neuter
of 100% of a colony population. Procedures are to be done by a recognized
and Township-approved veterinarian;
D.
Providing the sponsor with descriptions of each cat in the colony
and copies of documents evidencing that the cats have been vaccinated
and spayed/neutered;
E.
Providing food, water and, if feasible, shelter for colony cats;
F.
Observing the colony cats at least twice per week and keeping a record
of any illnesses or unusual behavior noticed in any colony cats;
G.
Obtaining the approval of the owner of any property to which the
caregiver requires access to provide colony care;
H.
In the event that kittens are born to a colony cat, the caregiver
shall take reasonable steps likely to result in the removal of the
kittens from the colony after they have been weaned, and the placement
of the kittens in homes or foster homes for the purpose of subsequent
permanent placement;
I.
Reporting biannually, in writing, by June 30 and December 31 of every
year, to the sponsor, the status of the colony, including data on
the number and gender of all cats in the colony; the number of cats
that died or otherwise ceased being a part of the colony during the
year; the number of kittens born to colony cats and their disposition;
and the number of cats and kittens placed in permanent homes as companion
cats;
J.
Obtaining proper medical attention to any colony cat that appears
to require it;
K.
Providing the sponsor with the invoice of the Township-approved veterinarian
who provides veterinarian services as required by this article; and
L.
Obtaining approval from the sponsor prior to incurring any costs
for veterinarian services.
A.
The left ear of a colony cat that has been spayed or neutered and
vaccinated shall be ear marked.
B.
An electronic animal identification device ("EAID") shall be inserted
into the cat by a Township-contracted veterinarian, in accordance
with professional medical standards. The sponsor shall be the named
contact for the purposes of the EAID.
A.
An Animal Control Officer who has trapped a cat whose left ear has
been ear marked, or which bears some other distinguishing mark indicating
that it belongs to a feral cat colony, shall scan the cat for an EAID.
If an EAID is found, the officer shall be responsible for contacting
the sponsor or other person named as owner of the cat.
B.
If the owner or sponsor is not able to immediately take custody of
the cat, the officer shall return the cat to the appropriate colony.
C.
If the cat does not have an EAID, then the Animal Control Officer
shall contact the sponsor so the cat can be properly placed in a colony.
If the cat is obviously a domestic cat, the sponsor shall arrange
for care for the cat until the owner is located and may determine
the disposition of the cat in those circumstances where the domestic
cat's owner cannot be located.
The Township shall have the following rights:
A.
The right to seize or remove cats from a colony that have not been
vaccinated against rabies and which are demonstrating signs of the
disease.
B.
The right to seize or remove a cat from a colony that is creating
a nuisance, as defined above, and the caregiver and sponsor have been
given 30 days to remove and relocate the cat, and have failed to do
so.
C.
The right to seize or remove a colony of cats when the caregiver
regularly fails to comply with the requirements of this article, and
the sponsor has not been able to obtain a replacement or substitute
caregiver within sixty days of the Township's notice to the sponsor
of the caregiver's failure to comply with this article.
D.
The right to seize or remove cats from a colony if it is determined
that there is a public health threat, including, but not limited to,
zoonotic diseases, feline FIV or leukemia.
The requirements of this article notwithstanding, Animal Control
Officers and police officers may investigate any nuisance complaint.
Any person who violates any one or more provisions of this article
shall be subject to a fine of not more than $500 for each separate
offense and/or confinement in the Ocean County Jail for a period of
not more than 90 days. In the case of a continuing violation or violations,
a fine of not more than $500 may be assessed for each day that said
violation or violations are not corrected. A separate offense shall
be deemed committed on each day during or on which a violation occurs
or continues.
