[Adopted 12-16-2009 by Ord. No. 2009-026]
For the purpose of this article, the following terms shall have the meaning set forth in this provision. 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.
ANIMAL CONTROL OFFICER
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.
CAREGIVER
Any person who provides food, water or shelter to or otherwise cares for a cat.
EAR TIPPING
Straight-line cutting of the tip of the left ear of a cat by a licensed veterinarian while the cat is anesthetized.
FERAL CAT
A cat who 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:
A. 
Born in the wild;
B. 
Offspring of tame or feral cats and not socialized; or
C. 
Formerly tame cats who have been abandoned and have reverted to an untamed state.
FERAL CAT COLONY
An individual feral cat or a group of cats who congregate together outside as a unit. Any non-feral cats who congregate with a multiple-cat colony shall be deemed part of it.
NUISANCE
Disturbing the peace by:
A. 
Habitually or continually howling, crying or screaming; or
B. 
The habitual and significant destruction, desecration or soiling of property against the wishes of the owner of the property.
OWNER
Any person, firm, corporation, partnership, association, trust, estate, or any other legal entity.
SPONSOR
The West Milford Animal Shelter Society.
STRAY CAT
A cat who 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.
SUITABLE SHELTER
Shelter that provides protection from rain, sun, and other elements that is adequate to protect the health of the cat.
TAME CAT
A cat who is socialized to humans and is appropriate as a companion for humans.
TNR
Trap, neuter and return.
TNR PROGRAM
A program pursuant to which feral and stray cats are trapped, neutered or spayed, vaccinated against rabies, ear tipped and returned to the location where they congregate.
TOWNSHIP
Township of West Milford in the County of Passaic.
Feral cat colonies shall be permitted and caregivers shall be entitled to maintain them in accordance with the terms and conditions of this article.
A. 
The West Milford Animal Shelter Society is approved as sponsor.
B. 
It shall be the duty of the sponsor to:
(1) 
Obtain and maintain liability insurance for all TNR-related activating, naming West Milford Township as an additional insured, and agree in writing to hold the Township of West Milford harmless against any and all liability resulting from the actions or failures to act of sponsors, trappers and caregivers;
(2) 
Review and approve of colony caregivers;
(3) 
Help to resolve any complaints over the conduct of a colony caregiver or of cats within a colony;
(4) 
Maintain records provided by colony caregivers on the size and location of the colonies, as well as the vaccination and spray/neuter records of cats in the sponsor's colonies; and
(5) 
Report annually to the Township on the following:
(a) 
Number of colonies in the Township;
(b) 
Total number of cats in colonies;
(c) 
Number of cats and kittens spayed and neutered pursuant to the TNR program; and
(d) 
Number of cats and kittens placed in permanent homes.
(6) 
Be responsible for any cost associated with the program.
Caregivers are responsible for the following:
A. 
Registering the feral cat colony with the sponsor;
B. 
Taking steps to vaccinate the colony population for rabies and update the vaccinations whenever possible; taking steps to get all cats in the colony population spayed/neutered by a licensed veterinarian;
C. 
Providing the sponsor with descriptions of each cat in the colony and copies of documents evidencing that the cats have been vaccinated, spayed/neutered, and ear tipped; providing food, water and, if feasible, suitable shelter for colony cats;
D. 
Observing the colony cats and keeping a record of any illnesses or unusual behavior noticed in any colony cats;
E. 
Obtaining the approval of the owner of any property to which the caregiver requires access to provide colony care;
F. 
In the event that kittens are born to a colony cat, taking steps to remove the kittens from the colony after they have been weaned, and place the kittens in homes, foster homes, or with animal shelters, rescue organizations or veterinary offices for the purpose of subsequent permanent placement;
G. 
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 who 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
H. 
Obtaining proper medical attention for any colony cat who appears to require it.
The following sections of the Township of West Milford 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 animals:
A. 
Section 71-7, Impounding; grounds; notice; destruction.
B. 
Section 71-16, Licensing and registration of cats.
An Animal Control Officer who has trapped a cat whose left ear has been tipped shall release the cat unless the cat is injured or sick and requires medical attention. If the cat requires medical attention, the Animal Control Officer shall bring the cat to the sponsor. If the Animal Control Officer releases the cat, the Animal Control Officer shall contact the sponsor and provide the sponsor with a description of the cat, the location where the cat was trapped, and the complaint which caused the Animal Control Officer to set the trap.
The Township shall have the following rights:
A. 
The right to seize or remove cats from a colony who have not been vaccinated against rabies and who are demonstrating signs of the disease.
B. 
The right to seize or remove a cat from a colony who is creating a nuisance as defined above, after the caregiver and sponsor have been given 60 days to resolve the complaint or 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 60 days of the Township's notice to the sponsor of the caregiver's failure to comply with this article.
The requirements of this article notwithstanding, Animal Control Officers and police officers may investigate any Nuisance complaint. If an Animal Control Officer or police officer determines that an ear-tipped feral colony cat is causing a nuisance as defined by this article, the Animal Control Officer or police officer shall contact the sponsor and allow the sponsor 60 days to resolve the complaint or remove the cat before the officer takes further action. If the sponsor fails to resolve the nuisance or remove the cat within the 60 days, the Animal Control Officer may remove the cat. If an Animal Control Officer or police officer reasonably determines that a cat is injured or poses a significant threat to public health, the officer may reduce the time that the sponsor has to resolve the complaint, as necessary to protect the cat and public health, before taking further action. In the case of an emergency, the Animal Control Officer or police officer may remove the cat, but within 24 hours the Township must provide the sponsor with notice of the cat's whereabouts and allow the sponsor an opportunity to retrieve the cat for treatment, return, or relocation.