[Adopted 8-24-2010 by Ord. No. 41-10]
A. 
Notwithstanding anything to the contrary in this chapter, this article is intended to govern all matters which relate to the management of feral cats.
B. 
For the purposes of this article, the following terms shall have the meaning set forth in this article. 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.
ABANDONED
An owner or caregiver has forsaken a domesticated cat entirely, or has neglected or refused to provide care and support to the cat.
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 or cats.
DOMESTICATED CAT
A cat that is socialized to humans and is appropriate as a companion for humans.
EAR MARKED
A tagged, notched or tipped left ear as performed by a licensed veterinarian.
FERAL CAT
A cat that is not socialized to humans and is not appropriate as a companion for humans.
FERAL CAT COLONY
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.
NUISANCE
Shall include, but not be limited to, disturbing the peace by:
(1) 
Habitual or continual howling, crying or screaming by a cat or cats; or
(2) 
The habitual and significant desecration or soiling of personal and/or real property by a cat or cats without permission of the owner of the property.
OWNER
Any person, firm, corporation, partnership, association, trust, estate, or any other legal entity.
SPONSOR
The Brick Township TNR Committee and any person or entity approved by the Brick Township TNR Committee to perform the responsibilities of a sponsor, as contained in this article.
TNR PROGRAM
A program pursuant to which feral cats are trapped, tested for feline FIV and leukemia, neutered or spayed, vaccinated against rabies and returned to the location where they congregate.
There is hereby created the Brick Township TNR Committee which shall perform those functions related to the Township's TNR Program, as specified in this article, and also promote and seek donations to support the program. The Committee shall consist of seven members, and the members shall include the Township's Animal Control Officer, one Township Council Member, one Mayor's representative, and four citizens, of which two shall be appointed by the Township Council and two by the Mayor. The Mayor shall appoint the chairperson for the TNR Committee.
Owners of domesticated cats shall:
A. 
Provide appropriate and adequate food, water and shelter for their cats, pursuant to N.J.S.A. 4:22-26;
B. 
Exercise reasonable care to guard against the cat creating a nuisance;
C. 
Not permit a sexually intact (not spayed or neutered) domesticated cat to roam unsupervised; and
D. 
Not abandon a domesticated cat, pursuant to N.J.S.A. 4:22-26.
Feral cat colonies shall be permitted, and caregivers shall be entitled to maintain them in accordance with the terms and conditions of this article.
Any person or entity who desires to be a sponsor may apply to the Brick Township TNR Committee to serve as a TNR program sponsor. All applicants shall comply with the requirements of this article and execute a Brick Township TNR Committee-approved sponsor contract. Any person or entity intending to undertake the responsibilities of a sponsor shall advise the Brick Township TNR Committee in writing and provide his/her/its address and telephone number.
It shall be the duty of the sponsor to:
A. 
Review and approve of colony caregivers. Sponsors may only grant approval of a colony caregiver if:
(1) 
A waiver of liability has been executed by the colony caregiver, on a form approved by the Township, which shall be filed with the Township Clerk; and
(2) 
The caregiver has successfully completed the certification and training program conducted by the New Jersey Animal Rights Alliance, or other certified instructor.
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;
D. 
Report biannually to the Township, on July 1 and January 1 of every year, the following information regarding the previous six months of monitoring:
(1) 
Number of known colonies in the Township;
(2) 
Total number of cats in colonies;
(3) 
Number of cats and kittens spayed and neutered pursuant to the TNR program; and
(4) 
Number of cats and kittens placed in permanent homes.
E. 
Use due consideration to avoid the harming of rare, threatened or endangered species under the Endangered and Nongame Species Conservation Act, N.J.S.A. 23:2A-1 et seq.;
F. 
Seek donations to support the Township's TNR program. Any funds collected shall be given to the Township Chief Financial Officer and placed in a trust dedicated to the fulfillment of the TNR program, as allowed under applicable laws;
G. 
Advise caregivers of the names of the licensed veterinarians under contract with the Township to perform those veterinarian services required by this article;
H. 
Obtain from caregivers the invoice of the veterinarian contracted by the Township to perform veterinarian services required by this article and present the invoice to the Township Chief Financial Officer for payment; and
I. 
Provide caregivers prior approval for veterinarian services required under this article.
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 result in the spay/neuter of 100% of a colony population. Procedures are to be done by a recognized and Township-approved veterinarian;
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 illnesses or unusual behavior noticed in any colony cats;
G. 
Obtaining the approval of the owner of any property to which the caregiver requires access to provide colony care;
H. 
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;
I. 
Reporting biannually, in writing, by June 30 and December 31 of every year, to the sponsor, 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 to any colony cat that appears to require it;
K. 
Providing the sponsor with the invoice of the Township-approved veterinarian who provides veterinarian services as required by this article; and
L. 
Obtaining approval from the sponsor prior to incurring any costs for veterinarian services.
A. 
The left ear of a colony cat that has been spayed or neutered and vaccinated shall be ear marked.
B. 
An electronic animal identification device ("EAID") shall be inserted into the cat by a Township-contracted veterinarian, in accordance with professional medical standards. The sponsor shall be the named contact for the purposes of the EAID.
A. 
An Animal Control Officer who has trapped a cat whose left ear has been ear marked, 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.
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 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.
The Township 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 article, and the sponsor has not been able to obtain a replacement or substitute caregiver within sixty days of the Township's notice to the sponsor of the caregiver's failure to comply with this article.
D. 
The right to seize or remove cats from a colony if it is determined that there is a public health threat, including, but not limited to, zoonotic diseases, feline FIV or leukemia.
Any person who violates any one or more provisions of this article shall be subject to a fine of not more than $500 for each separate offense and/or confinement in the Ocean County Jail for a period of not more than 90 days. In the case of a continuing violation or violations, a fine of not more than $500 may be assessed for each day that said violation or violations are not corrected. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.