[Adopted 12-12-2017 by Ord. No. 2017-14[1]]
The purpose of this article is to regulate the ownership and
management of domesticated and feral cats throughout the Township,
as to protect the public health, safety and welfare, and to prescribe
penalties for failure to comply.
For the purpose of this article, the following terms shall have
the meanings set forth in this section. 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.
That an owner or caregiver has forsaken a domesticated cat
entirely or has neglected or refused to provide care and support of
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 and meets the requirements of § 53-19B.
A cat that is socialized to humans, is appropriate as a companion
for humans and is owned by a single individual.
Straight-line cutting of the tip of the left ear of a cat
while the cat is anesthetized.
A cat that exists in a wild or untamed state, either due
to birth or reversion to a wild state from domestication. The usual
and consistent temperament of a feral cat is extreme fear and resistance
to contact with humans. Feral cats are completely or substantially
unsocialized to 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.
A private nonprofit animal welfare organization with at least one of its purposes being the adoption or placement of cats in homes with humans to serve as companion animals and is able to meet the requirements of § 53-19A.
An item that is inserted into an animal, typically on the
back between the shoulder blades, by a veterinarian in accordance
with professional medical standards.
Disturbing the peace by:
Habitually or continually howling, crying or screaming;
The habitual and significant destruction, desecration or soiling
of property against the wishes of the owner of the property;
Habitual trespassing upon public or private grounds; or
Other activities constituting a nuisance at common law or under
the provisions of this Code.
Any person, firm, corporation, partnership, association,
trust, estate, or any other legal entity which has a possessory interest
in a cat.
A cat that is regularly off the property of the owner, is
not under the physical control and restraint of the owner and is not
regularly provided with food by its owner.
Shelter that provides protection from rain, sun, and other
elements that is adequate to protect the health of the cat.
Trap, neuter and return.
A program pursuant to which feral and stray cats are trapped,
neutered or spayed, vaccinated against rabies and returned to the
location where they congregate.
Those diseases transmittable to humans from animals, including
parasitic, bacterial, fungal and viral diseases.
A.
Owners of domesticated cats shall provide appropriate and adequate
food, water and shelter for their cats.
B.
The owner of a domesticated cat shall exercise reasonable care to
guard against the cat creating a nuisance.
C.
The owner of a sexually intact (not spayed or neutered) domesticated
cat shall not permit his/her cat to roam outdoors. Females in season
shall be restrained at all times and isolated from male cats.
D.
An owner shall not abandon a domesticated cat.
E.
No person shall keep a cat on a property in a manner that causes
one or more of the following: unsanitary conditions; infestation by
insects or rodents; physical conditions that endanger the health or
safety of humans.
A lead sponsor and caregivers shall be permitted to maintain
a feral cat community within the Township in strict accordance with
the terms and conditions of this article. The Township reserves the
right to limit the number of colonies permitted in the Township.
The Township of Hainesport may appoint a private nonprofit animal
welfare organization to serve as the lead sponsor of the Community
Cat Management Program. The lead sponsor shall enter into a memorandum
of understanding with the Township in accordance with the requirements
of this article. Individuals and organizations may apply to the lead
sponsor to serve as caregivers. Any person or entity intending to
undertake the responsibilities of caregiver shall advise the lead
sponsor, in writing, and provide his/her/its address, email address
and telephone number. The lead sponsor and caregivers shall each individually
execute an indemnification which will hold harmless the Township of
Hainesport, its elected and appointed officials, employees, agents,
volunteers and others working on behalf of the municipality from and
against any and all claims, losses, costs, attorneys' fees, damages,
or injury associated with the Community Cat Management Program.
A.
Lead sponsor requirements.
(1)
Conduct a thorough review to determine if the caregiver(s) has the capability to meet the requirements of § 53-19B.
(2)
Provide training to caregivers regarding the proper management of
a feral cat colony, including methods to safely capture feral cats
and the health and nutritional needs of a colony.
(3)
Register feral cat colonies and report annually to the Township or
its designee on the number of colonies in the Township, the total
number of cats in the colonies, the number of cats and kittens spayed
and neutered pursuant to the TNR program and the number of cats and
kittens placed in permanent homes.
(4)
Resolve any complaints over the conduct of a colony caregiver or
of cats within a colony.
(5)
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.
(6)
Use due consideration to avoid the taking of rare, threatened or
endangered species under the Endangered and Nongame Species Conservation
Act, N.J.S.A. 23:2A-1 et seq.
B.
Feral cat caregiver requirements.
(1)
Registering the feral cat colony with the sponsor;
(2)
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;
(3)
Taking steps that are reasonably likely to result in the spay/neuter,
by a licensed veterinarian, of at least 90% of the colony population;
(4)
Providing the lead sponsor with descriptions of each cat in the colony
and copies of documents evidencing that the cats have been vaccinated
and spayed/neutered;
(5)
All caregivers are required to make reasonable efforts to provide
certain necessities to each community cat under his/her care on a
regular/ongoing basis, including, but not limited to, proper nutrition,
adequate quantities of visibly clean and fresh water and medical care
as needed. If medical care is unavailable or too expensive, the community
cat caregiver must not allow the cat to suffer. Feeding is permitted
during daylight hours only. Food must be offered to cats in a container
and shall not be dumped on the ground. Any food remaining after cats
have eaten must be removed before dark. Feeding areas must be maintained
in a clean and sanitary condition;
(6)
Observing the colony cats at least twice per week for the purpose
of keeping a record of any illnesses or unusual behavior noticed in
any colony cats;
(7)
Obtaining the approval of the owner of any property, to which the
caregiver requires access to provide colony care;
(8)
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;
(9)
Reporting annually, in writing, to the lead sponsor on 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; and
(10)
Obtaining proper medical attention to any colony cat that appears
to require it.
C.
Colony cat requirements.
(1)
The left ear of a colony cat that has been spayed or neutered and
vaccinated shall be ear tipped.
(2)
An electronic animal identification device (EAID) shall be inserted
into the cat by a veterinarian in accordance with professional medical
standards. The sponsor shall be the named contact for purposes of
the EAID.
A.
Trapping.
(1)
An Animal Control Officer who has trapped a cat shall scan the cat
for an EAID. If an EAID is found, the officer shall be responsible
for contacting the caregiver or other person named as owner of the
cat. If the owner or caregiver is not able to immediately take custody
of the cat, the officer shall transport the cat to the Burlington
County Animal Shelter. The owner or sponsor shall be responsible for
retrieving the cat from the shelter within three business days or
advising the shelter if the owner or sponsor does not intend to retrieve
the cat.
(2)
Hainesport Township or its designee shall have the right to remove
or authorize the removal of any free-roaming cat or community/feral
cat because of immediate public health or safety concerns.
B.
Release.
(1)
No feral cat shall be released at any governmentally owned or managed
park, natural area, area deemed as environmentally sensitive land
or on any easement adjacent to such lands without approval from the
Township.
(2)
A feral cat trapped and in the possession of the Animal Control Officer
or the Burlington County Animal Shelter may be released to a caregiver
or adopted. Prior to being released to a caregiver, feral cats shall
be sterilized, ear tipped while under anesthesia by a licensed veterinarian,
and vaccinated for rabies at the expense of the caregiver.
(a)
Notwithstanding the foregoing, whenever such cat is visibly
injured or diseased and appears to be suffering and it reasonably
appears that such cat cannot be expeditiously cured and returned to
the field, transferred to a humane society or private animal nonprofit
organization or placed in foster care, then Animal Services, acting
in good faith and upon reasonable belief, may humanely euthanize the
cat upon the advice of a licensed veterinarian.
Upon the entry of a plea of guilty to a first or second offense
for a violation of any provisions of this article, the fine shall
be $35 for each such offense and no court appearance shall be required.
Upon the issuance of a citation or summons for a third or subsequent
offense, a court appearance shall be required with a fine for each
such offense of not less than $75 nor more than $150.
A.
The Township and its designee shall have the following rights:
(1)
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.
(2)
Animal Control Officers, Code Enforcement Officers and police officers
have the right to seize/remove a cat from a colony that is creating
a nuisance on public property or private property other than the sponsor
or caregivers as defined above.
(3)
If the lead sponsor and/or caregiver has been given 60 days to respond
and comply with this program and has failed to do so, the cat(s) may
be removed and relocated.
B.
The requirements of this section notwithstanding, Animal Control
Officers, Code Enforcement Officers and police officers may investigate
any nuisance complaint.
