[Adopted 12-18-2018 by Ord. No. 2018-23[1]]
[1]
Editor's Note: This ordinance also repealed former Article
IV, Feral Cats, adopted 4-25-2007 by Ord. No. 707-15, as amended.
As used in this article, the following terms shall have the
meanings indicated:
Any agency contracted or hired by the Borough to coordinate
and monitor the Trap Neuter Return ("TNR") program.
Any person who provides food, water or shelter to or otherwise
cares for a cat.
Any person or agency employed by the Board of Health or appointed
by the Borough who is authorized to investigate violations of laws
and regulations concerning cats, and to issue citations in accordance
with New Jersey law and this article.
A straight-line cutting of the tip of the left ear of a cat
by a licensed veterinarian while the cat is anesthetized.
To give, place, expose, deposit, distribute or scatter any
edible solid or liquid material.
A cat which is completely or substantially unsocialized to
humans. The usual and consistent temperament of a feral cat is extreme
fear and resistance to contact with humans. Feral cats are either
born in the wild, the offspring of tame or feral cats and not socialized,
or formerly tame cats who have been abandoned and have reverted to
an untamed state.
An individual feral cat or a group of cats which congregate
together outside as a unit. Any non-feral cats who congregate with
a multiple-cat colony shall be deemed part of it.
Disturbing the peace by habitually or continually howling,
crying or screaming, or the unreasonable destruction, desecration
or soiling of property against the wishes of the owner of the property.
Any person, firm, corporation, partnership, association,
trust, estate, or any other legal entity.
A cat which 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 the owner.
A shelter that provides protection from rain, snow, sun,
and other elements that is adequate to protect the health of the cat.
Trap, neuter and return.
[Amended 3-19-2019 by Ord. No. 2019-02]
A.
Feeding of songbirds and other backyard birds shall be permitted
at such times and upon such conditions so that the feeding:
(1)
Does take place with an enclosed, elevated bird feeder that is not
accessible to other wild animals or feral cats.
(2)
Does not create a disturbance that affects the rights of surrounding
property owners or render other persons insecure in the use of their
property and does not conflict with other Borough ordinances.
(3)
Does not create an accumulation of droppings on the property or surrounding
properties.
(4)
Does not become an attractant for rodents or other wild animals.
B.
Each property owner shall be permitted to have one bird feeder for
every 4,000 square feet of lot area, not closer than five feet from
any property line.
(1)
(2)
No bird seed or any form of bird food shall be thrown or scattered
on the ground of any property.
C.
Nothing herein contained shall prevent the County of Bergen or any
animal control officer or agency contracted with the Borough from
trapping, neutering and returning feral cats which would include baiting
cages.
[Amended 3-19-2019 by Ord. No. 2019-02]
A.
The Borough reserves the right to limit the amount of colonies.
B.
The maximum number of cats per registered colony is not to exceed
six.
C.
The colony caregiver must be an adult, 18 years or older, and a permanent
resident of the Borough.
D.
Applications for a Borough permit will be made available to residents
of the Borough desirous of establishing and maintaining a feral cat
colony in an approved location within the the Borough.
E.
All criteria as set forth in this article must be met for review
and approval of the Board of Health and Animal Control.
F.
Any violation of the rules and regulations will result in immediate
termination of the permit.
[Amended 3-19-2019 by Ord. No. 2019-02]
A.
The colony caregiver must be the property owner of the land on which
the feral cat colony will exist and maintain the said colony in a
clean, humane and organized fashion including, but not limited to,
food, water and a sanitary place for bodily functions.
B.
The colony caregiver must obtain the written approval of the owner
of any property to which the caregiver requires access to provide
colony care.
C.
The colony caregiver must register each colony with the Health Department
and pay a registration fee of $5 per calendar year.
D.
All colonized cats must be spayed/neutered, vaccinated for rabies
and update the required vaccination protocols whenever possible and
ear notched by a licensed veterinarian.
E.
The colony caregiver must maintain digital photos of each cat in
the colony and copies of documents evidencing that the cats have been
vaccinated, spayed/neutered and ear notched, provided food, water,
suitable shelter, if feasible, and a sanitary place for bodily functions
for colony cats.
F.
The colony caregiver must observe the colony cats and keep a record
of any illnesses or unusual behavior noticed in any colony cats.
G.
The caregiver shall notify Animal Control in the case of kittens
being born into the colony. Animal Control reserves the right to take
possession of the mother (if possible) and kittens and place the kittens
in homes, foster homes, or with animal shelters, rescue organizations
or veterinary offices for the purpose of subsequent permanent placement.
H.
The colony caregiver agrees to prevent any and all nuisances to any
other properties, residents, and businesses within the Borough. The
Borough's designee or Animal Services shall investigate an alleged
violation of this section upon receipt of a complaint. At least two
complaints must come from unrelated residents living in separate dwellings
in close vicinity of the alleged violation. The Borough or its designee
reserves the right to issue a summons if the caregiver fails to prevent
a nuisance within 30 days or face further action.
I.
The colony caregiver agrees to allow periodic inspection of the feral
cat colony at the discretion of the Borough Animal Control Services.
J.
The colony caregiver shall notify the Borough Health Department and
Animal Control of the termination of the colony and will be responsible
to trap and find a replacement caregiver at the discretion of Animal
Control.
K.
The colony caregiver must submit a written annual report to the Borough
Health Department and Animal Control on the status of the colony,
the total number of cats in the colony, including data on the number
and gender of all cats in the colony, the number of cats who died
or otherwise ceased being a part of the colony during the prior one-year
period, the number of kittens born to colony cats and their disposition,
the number of cats and kittens placed in permanent homes as companion
cats.
L.
The colony caregiver must obtain proper medical attention for any
colony cat that appears to require it through Bergen County Animal
Control or Bergen County Animal Shelter.
M.
The colony caregiver must undergo training for themselves and their
responsible substitutes in the proper management of a colony as developed
and verified by Animal Control.
N.
The colony caregiver is responsible for setting up consistent and
monitored feeding schedules. Feeding shall be limited to daylight
hours. All remaining food must be removed daily.
O.
None of the provisions of this article preclude a homeowner's
right to safely and humanely trap any domestic animal on his/her property
and have it removed by Animal Control. Any colony cat that is trapped
on a neighboring private property will be treated as a stray and brought
to the animal shelter of the animal control provider. It is the responsibility
of the caregiver to provide documentation and absorb the reclaim fee,
if any, in order to retrieve the animal from the shelter.
[Added 3-19-2019 by Ord.
No. 2019-02]
Other Borough restrictive ordinances shall not apply to feral
cat colonies managed by the TNR program or to any person or organization
that is providing care for a feral cat colony and is taking steps
to trap and sterilize the cats.
[Added 3-19-2019 by Ord.
No. 2019-02]
It shall be the duty of the Animal Control Provider to:
A.
Provide training for the cat colony caregivers;
B.
Help to resolve any complaints over the conduct of a feral cat colony
caregiver or of cats within a colony;
C.
Maintain records provided by Bergen County Animal Shelter or a licensed
veterinarian on the registration, size and location of the colonies
as well as the vaccination and spay/neuter records of the cats in
the caregiver's colonies;
D.
The right to replace or remove a caregiver who fails to comply with
the responsibilities and requirements of this article after reasonable
notice is provided to the caregiver on noncompliance.
[Added 3-19-2019 by Ord.
No. 2019-02]
This article shall be enforced by the Code Official or Police
Department and any other department hereinafter designated by the
Borough Manager.
[Added 3-19-2019 by Ord.
No. 2019-02]
Any person specified in the Enforcement section of this article
having enforcement powers, with reasonable cause to believe that a
person has violated this article, shall issue and serve upon such
person an appearance summons for such violations.
[Added 3-19-2019 by Ord.
No. 2019-02]
The Borough reserves the right to issue a summons up to $500
if a caregiver fails to prevent a nuisance within 30 days or face
further action.
[Added 3-19-2019 by Ord.
No. 2019-02]
The Borough shall study the effectiveness of the TNR program
and review the continuance of this article. This article, however,
shall continue as provided until specifically rescinded or amended.
[Added 3-19-2019 by Ord.
No. 2019-02]
A.
Neither the Borough, its officers, employees, and agents, nor the
persons or agencies authorized by the Board of Health to enforce the
provisions of this article, shall be liable for the adoption or execution
of this article.
B.
The Borough, its officers, employees, and agents, shall not be liable
for any action of a cat that is part of a TNR colony.
C.
The caregiver agrees to accept all liability in the case of a civil
action being taken as to the actions of a cat in their colony.
[Added 3-19-2019 by Ord.
No. 2019-02]
Any person who knowingly releases any domestic or nonspayed
or nonneutered cat into the community shall be in violation of this
article and upon conviction thereof, for each offense, pay a penalty
of not less than $100 or more than $1,250 and/or community service
for a period not exceeding 90 days, in the discretion of the Municipal
Court.
