[Adopted 12-21-2010 by Ord. No. 31-2010]
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.
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 Borough 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 trained by a sponsor who provides food, water
or shelter to or otherwise cares for a cat.
Any member of the domestic feline species, male, female or
altered.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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 completely unsocialized and is not adoptable
as a companion animal without significant rehabilitation that may
or may not be successful.
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
(free-roaming) cats that congregate with a colony shall be deemed
to be a part of it.
A cat that is regularly off the property of the owner and
is not under the physical control and restraint of the owner.
Rendered permanently incapable of reproduction as certified
by a licensed veterinarian.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Disturbing the peace by:
When applied to the proprietorship of a cat, shall include
every person having a right of property (or custody) in such cat and
every person who has such cat in his/her keeping, or who harbors or
maintains a cat or knowingly permits a cat to remain on or about any
premises occupied by that person.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A for-profit or not-for-profit entity or a collaboration
of individuals with at least one of its purposes being the adoption
or placement of cats in homes with humans to serve as companion animals.
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 free-roaming cats are
trapped, neutered or spayed, vaccinated against rabies and returned
to the location where they congregate (if appropriate).
Those diseases transmittable to humans from animals, including
parasitic, bacterial, fungal and viral diseases.
It shall be the duty of all individuals to avoid taking rare,
threatened, or endangered species, or other federal trust resources
under the applicable federal and state laws, including the federal
Endangered Species Act (87 Stat. 884, as amended, 16 U.S.C. § 1531
et seq.) and the Migratory Bird Treaty Act (40 Stat. 755, 16 U.S.C.
§§ 703 to 712) and the New Jersey Endangered and Nongame
Species Conservation Act of 1973 (N.J.S.A. 23:2A-1 et seq.).[1]
A.
Feral cat
colonies shall be permitted, and caregivers shall be entitled to maintain
them strictly in accordance with the terms and conditions of this
article.
B.
Sponsorship
of colony TNR programs. The Monmouth County SPCA is approved as sponsor.
C.
Sponsor
requirements.
(1)
It
shall be the duty of the sponsor to:
(b)
Review and approve of colony caregivers;
(c)
Help to resolve any complaints over the conduct of a colony caregiver
or of cats within a colony;
(d)
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; and
(e)
Report annually to the Borough Administrator and Animal Control Officer
on the following. The Borough Administrator shall provide copies of
this data to the United States Fish and Wildlife Service New Jersey
Field Office and the New Jersey Division of Fish and Wildlife.
(2)
The
sponsor shall obtain and maintain liability insurance for all activities,
actions and work performed pursuant to this article and the laws of
this state, naming the Borough of Sea Bright as an additional named
insured, providing an annual copy of the declaration of insurance
and proof of payment of the same.
D.
Feral cat
caregiver requirements. Caregivers are responsible for the following:
(1)
Registering
the feral cat colony with the sponsor;
(2)
Taking
reasonable steps 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
reasonable steps to result in the spay/neuter, by a licensed veterinarian,
of the colony population;
(4)
Finding
permanent, inside homes for colony cats who exhibit the potential
for acclimating to such a placement;
(5)
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;
(6)
Providing
food, water and, if feasible, shelter for colony cats, as well as
providing adequate containment and disposal of the products of defecation;
failure to clean the area shall constitute a violation of this article
and the caregiver is subject to fines and penalties as provided for
by Borough ordinance;
(7)
Observing
the colony cats at least twice per week and keeping a record of any
illnesses or unusual behavior noticed in any colony cats;
(8)
Obtaining
the written approval of the owner of any property to which the caregiver
requires access to provide colony care;
(9)
Taking
reasonable steps to prevent colony cats from creating a nuisance on
adjacent properties;
(10)
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;
(11)
Reporting
annually in writing to the 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
(12)
Obtaining
proper medical attention for any colony cat that appears to require
it.
E.
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 colony number shall be used for purposes of the EAID.
F.
Disposition
of colony cats.
(1)
An
Animal Control Officer who has trapped a cat whose left ear has been
tipped 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.
(2)
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.
(3)
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.
G.
Registration
of feral cat colonies; prohibited locations.
(1)
The
sponsor shall register feral cat colonies maintained by approved caregivers.
Feral cat colonies within the Borough that are not registered by the
sponsor are not entitled to any benefits or protections set forth
in this article. No colonies may be established except in accordance
with this article.
(2)
No
cat colonies may be established or maintained within the boundaries
of the locations defined by the Borough of Sea Bright Beach Management
Plan for the Protection of Federally and State-Listed Species (June
2006 or future revised versions of the Beach Management Plan), nor
within established buffer zones.
(3)
Buffer
zones.
(a)
No cat colonies are permitted within the following areas:
[1]
North Beach Protected Zone: Sandy Hook border to the northern border
of the Ship Ahoy Beach Club (as identified in the Borough's Beach
Management Plan) and within a 0.61-mile buffer (from the northern
end of the Ship Ahoy Club to Peninsula Avenue). The North Beach Protected
Zone and the 0.61-mile buffer are inclusive of all areas, river to
ocean.
[2]
South Beach Protected Zone: Southern border of the Driftwood Cabana
Club to Monmouth Beach Borough border (as identified in the Borough's
Beach Management Plan) and within a 0.75-mile buffer (from the southern
border of the Driftwood Cabana Club to Osborne Place). The South Beach
Protected Zone and the 0.75-mile buffer are inclusive of all areas,
river to ocean.
(b)
The Borough, United States Fish and Wildlife Service, and New Jersey
Division of Fish and Wildlife will periodically review the effectiveness
of the established buffers. Should the buffer zones be found to be
insufficient in preventing injury or harassment of federally listed
species or migratory birds within the Borough's beaches, the buffer
zones will be increased as necessary.
(4)
Only
one colony may be maintained on the beachfront. This colony will be
phased out through attrition, adoption, and the shifting of cats to
other colonies. This colony is located outside of the protected and
buffer zones.
(a)
The sponsor shall provide the Borough of Sea Bright with a colony
management plan for the beachfront colony. The colony management plan
will contain information on the number of cats, anticipated rate of
attrition and length of project, and efforts to deter predation and
to prevent immigration of more cats into the colony. The Borough of
Sea Bright shall provide copies of the colony management plan to the
United States Fish and Wildlife Service New Jersey Field Office and
the New Jersey Division of Fish and Wildlife.
(b)
No new cats may be released in the beachfront colony.
(c)
Any new cats found within this colony will be relocated immediately.
(d)
When the beachfront colony has ended due to attrition, adoption,
or other means, no future colonies will be established anywhere on
the beach including outside the protected zones and their appropriate
buffers.
A.
Rights
of the Borough. The Borough shall have the following rights:
(1)
The
right to seize or remove cats from a colony that have not been vaccinated
against rabies and/or cats that are demonstrating signs of the disease.
(2)
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 10
days to remove and relocate the cat and have failed to do so.
(3)
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 10 days of the Borough's notice to the sponsor of the caregiver's
failure to comply with this article.
B.
Nuisance
complaints.
(1)
The
requirements of this article notwithstanding, animal control officers
and police officers may investigate any nuisance complaint.
(2)
The provisions of Article II, Cats, of this chapter remain in full force and effect and are not to be superseded by the aforesaid provisions. If there is any conflict between this article and Article II, the ordinances are to be read in concert as they are consistent with protecting the public health, safety and general welfare of the Borough.
Not later than December 31, 2015, the Borough of Sea Bright
shall study the effectiveness of the TNR program and review the continuance
of this article. If the TNR program is eliminated, the Borough's Animal
Control Officer (ACO) shall resume primary responsibility for the
management of feral cats within the Borough, including, as necessary,
the capture and transport to the County Animal Shelter for handling
in accordance with the interlocal agreement between the Borough and
the county applicable to handling such animals. The Borough will also
continue to work in partnership with the United States Fish and Wildlife
Service and the New Jersey Division of Fish and Wildlife to control
cats in sensitive wildlife locations.
