[HISTORY: Adopted by the Mayor and Council of the Borough
of Kenilworth 12-11-1990 by Ord.
No. 90-18. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Dog or cat.
Any person or agency designated or certified by the State
of New Jersey to enforce the provisions of this chapter.
Any member of the domestic feline species, male, female or
altered.
Any cat which has attained the age of seven months, or which
possesses a set of permanent teeth.
Any room or group of rooms, cage or exhibition pen not part
of a kennel, wherein cats for sale are kept or displayed.
The agency or department of the Borough of Kenilworth or
any designated representative thereof charged with administering the
issuance and/or revocation of permits and licenses under the provisions
of this chapter.
Rendered permanently incapable of reproduction as certified
by a licensed veterinarian.
When applied to the proprietorship of a cat, includes 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.
Any individual, corporation, partnership, organization or
institution commonly recognized by law as a unit.
A.
Vaccination and license requirements. No person shall own, keep,
harbor or maintain any cat over seven months of age within the Borough
of Kenilworth unless such cat is vaccinated and licensed. The provisions
of this section do not apply to cats held in a cattery or those held
by a state or federal licensed research facility or a veterinary establishment
where cats are received or kept for diagnostic, medical, surgical
or other treatments or licensed animal shelters, pounds, kennels or
pet shops.
B.
Vaccination. All cats shall be vaccinated against rabies by a licensed veterinarian in accordance with the latest Compendium of Animal Rabies Vaccines and Recommendations for Immunization, published by the National Association of State Public Health Veterinarians, except as provided for in Subsection D.
C.
Vaccination certificate. A certificate of vaccination shall be issued
to the owner of each animal vaccinated on a form recommended by the
state.
D.
Exemptions. Any cat may be exempted from the requirements of such
vaccination for a specified period of time by the local Board of Health,
upon presentation of a veterinarian's certificate stating that because
of an infirmity or other physical condition or regimen of therapy,
the inoculation of such cat shall be deemed inadvisable.
Any person who shall own, keep or harbor a cat of licensing
age shall annually apply for and procure from the Clerk of the municipality,
or other official designated by the governing body thereof to license
cats in the municipality in which he/she resides, a license and official
registration tag with license number or a registration sleeve for
each cat so owned, kept or harbored, and shall place upon such cat
a collar or other device with the license number securely fastened
or displayed thereto. Acceptable methods of displaying license number
shall include, but are not limited to, breakaway or elastic collars.
License tags or sleeves are transferable.
The owner of any newly acquired cat of licensing age or of any
cat which attains licensing age shall make application for a license
tag or sleeve for such cat within 10 days after such acquisition or
age attainment. This requirement will not apply to a nonresident keeping
a cat within the Borough of Kenilworth for no longer than 90 days.
A.
Any person who shall bring or cause to be brought into the Borough
of Kenilworth any cat licensed in another state for the current year
and bearing a registration tag or sleeve and shall keep the same or
permit the same to be kept within the Borough of Kenilworth for a
period of more than 90 days shall immediately apply for a license
and registration tag or sleeve for each such cat.
B.
Any person who shall bring or cause to be brought into this Borough
any unlicensed cat and shall keep the same or permit the same to be
kept within the Borough of Kenilworth for a period of more than 10
days shall immediately apply for a license and registration tag or
sleeve for each such cat.
The application shall state the breed, sex, age, color and markings
of the cat for which license and registration are sought and whether
it is of a long- or short-haired variety; also the name, street and
post office address of the owner and the person who shall keep or
harbor such cat. The information on said application and the registration
number issued for the cat shall be preserved for a period of three
years by the Clerk or other local official designated to license cats
in the municipality.
License forms and official tags or sleeves shall be furnished
by the municipality and shall be numbered serially and shall bear
the year of issuance and the name of the municipality.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
No Municipal Clerk or other official designated by the governing body of any municipality to license cats therein shall grant any such license and official registration tag or sleeve for any cat unless the owner thereof provides evidence that the cat to be licensed and registered has been inoculated with a rabies vaccine of a type approved by and administered in accordance with the recommendation of the United States Department of Agriculture and the United States Department of Health and Human Services or has been certified exempt as provided in § 75-2 of this chapter. The rabies inoculation shall be administered by a duly licensed veterinarian or by such other veterinarian permitted by law to do the same.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A license shall be issued after payment of a fee as set forth in Chapter 91, Fees and Licenses, Article I, for each unneutered cat and for each neutered cat. Persons who fail to obtain a license as required within the time period specified in this chapter will be subject to a delinquent fee as set forth in Chapter 91, Fees and Licenses, Article I.
The person applying for the license and registration tag and/or
sleeve shall pay the fee fixed or authorized. The fee for the renewal
of a license and registration tag or sleeve shall be the same as for
the original. Said license, registration tag or sleeve shall expire
on December 31 of the year of issuance. Only one license and registration
tag or sleeve shall be required in the licensing year for any cat
in the Borough of Kenilworth. Any valid New Jersey license tag or
sleeve issued by a New Jersey municipality shall be accepted by this
municipality as evidence of compliance.
If a license tag or sleeve has been misplaced or lost, the Borough
Clerk may issue a duplicate license and/or registration sleeve for
that particular cat.
Proof of licensing shall be produced by any person owning, keeping,
maintaining or harboring a cat, upon the request of any health official,
police officer, animal control officer or other authorized person.
No person shall hinder, molest or interfere with anyone authorized
or empowered to perform any duty under this chapter.
License fees and other moneys collected or received under the
provisions of this chapter shall be forwarded to the Treasurer of
the municipality and shall be placed in a special account separate
from any of the other accounts of the municipality and shall be used
for the following purposes only: collecting, keeping and disposing
of cats liable to seizure, for local prevention and control of rabies,
providing antirabies treatment under the direction of the local Board
of Health for any person known or suspected to have been exposed to
rabies, and for administering the provisions of this chapter. Any
unexpected balance remaining in such special account shall be retained
until the end of the third fiscal year following, and may be used
for any of the purposes set forth in this section. At the end of said
third fiscal year following and at the end of each fiscal year thereafter,
there shall be transferred from such special account to the general
funds of the municipality any amount then in such account which is
in excess of the total amount paid into the special account during
the last two fiscal years next preceding.
[Amended 12-9-2009 by Ord. No. 2009-24]
Except as otherwise provided in this chapter, any person who violates or fails or refuses to comply with this chapter shall be liable to the penalties referenced in § 83-22 of the Borough Code.
[Added 8-25-2021 by Ord. No. 2021-11]
A.
ABANDONED
ANIMAL CONTROL OFFICER
CAREGIVER
DOMESTICATED CAT
EAR MARKED
FERAL CAT COLONY
MANAGED CAT COLONY
NUISANCE
OWNER
RESCUE GROUP
SPONSOR
STRAY CAT
SUITABLE SHELTER
TNR
TNR PROGRAM
ZOONOTIC DISEASE
Definitions. For the purpose of this section, the following terms
shall have the meanings set forth in this subsection. 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 other than an owner who provides food, water or
shelter to, or otherwise cares for, a feral cat.
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 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 part of it.
Spaying and neutering the cats to stabilize the population
of the feral cat colony.
Disturbing the peace by:
Any person, firm, corporation, partnership, association,
trust, estate, or any other legal entity.
A nonprofit 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.
Any animal welfare provider who agrees to comply with the
requirements of this chapter for sponsors and provides written notice
to and is approved by the Borough and the majority of any other approved
sponsor(s).
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.
B.
Responsibilities of owners of domesticated cats.
(1)
Owners of domesticated cats shall provide appropriate and adequate
food, water and shelter for their cats.
(2)
The owner of a domesticated cat shall exercise reasonable care to
guard against the cat creating a nuisance.
(3)
The owner of a sexually intact (not spayed or neutered) domesticated
cat shall not permit his/her cat to roam unsupervised.
(4)
An owner shall not abandon a domesticated cat.
(5)
It shall be the duty of the sponsor to:
(a)
Review and approve of colony caregivers;
(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;
(f)
Be equally responsible with the animal control officer for humanely
capturing, trapping, neutering, vaccinating, identifying and spaying
or neutering feral cats.
(6)
Feral cat caregiver requirements. 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 further the objective
of the spay/neuter of at least 90% of the colony population.
(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 illness or unusual behavior noticed in any colony
cats.
(g)
Obtaining the approval, in writing, of the owner of any property
to which the caregiver requires access to provide colony care.
(h)
In the event kittens are born to a colony, the caregivers shall
take reasonable steps likely to result in the removal of the kittens
from the colony after they have been weaned and placement of the kittens
in homes or foster homes for the purpose of subsequent permanent placement
or with the sponsor for subsequent permanent placement.
(i)
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.
(j)
Obtaining proper medical attention for any colony cat that appears
to require it.
(k)
Taking reasonable steps to prevent cats from creating a nuisance
to adjacent properties.
(7)
Colony cat requirements.
(a)
The left ear of a colony cat that has been spayed or neutered
and vaccinated shall be ear-tipped.
(b)
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.
(8)
Disposition of colony cats.
(a)
An animal control officer or sponsor 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 any
cat trapped or picked up for an EAID. If an EAID is found, the officer
shall return the cat to its colony or its owner. If an EAID is not
found the officer shall contact the sponsor or any other person named
as the 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 that the cat can be properly placed in
a colony. If the cat is obviously a domestic cat, the sponsor shall
arrange for care of the cat until the owner is located and may determine
the disposition of the cat if those circumstances where the domestic
cat's owner cannot be located. If the cat does not have an EAID
and the owner cannot be located, then the sponsor will nevertheless
treat the cat as a stray with a seven-day holding period.
(9)
Registration of feral cat colonies. 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 section.
No colonies may be established except in accordance with this section.
On an annual basis, the sponsor shall provide the Borough of Kenilworth
with a colony management plan for the Borough containing all registered
feral cat colonies with information on the number of cats, anticipated
rate of attrition and the length of project, efforts to deter predation
and to prevent immigration of more cats into each colony. The list
of registered feral cat colonies and the annual colony management
plan shall be filed with the Borough administrator.
C.
Enforcement.
(1)
The Borough 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 section and
the sponsor has not been able to obtain a replacement or substitute
caregiver within 30 days of the Borough's notice to the sponsor
of the caregiver's failure to comply with this section.
(2)
The requirements of this section notwithstanding, animal control
officers and police officers may investigate any nuisance complaint.
(3)
All ordinances or parts of ordinances inconsistent with this section
are repealed to the extent of such inconsistency.
