[Adopted 4-13-2011 by Ord. No. 02-2011]
For the purpose of this article, the following terms shall have the meaning 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.
ABANDONED
That 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 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.
CAREGIVER
Any person who provides food, water or shelter to or otherwise cares for a cat.
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 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.
MANAGED CAT COLONY
Spaying and neutering the cats to stabilize the population of the feral cat colony.
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.
RESCUE GROUP
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.
STRAY CAT
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.
SUITABLE SHELTER
Shelter that provides protection from rain, sun, and other elements that is adequate to protect the health of the cat.
TNR
Trap, neuter and return.
TNR PROGRAM
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.
ZOONOTIC DISEASE
Those diseases transmittable to humans from animals, including parasitic, bacterial, fungal and viral diseases.
A. 
Owners of domesticated cats shall provide appropriate and adequate food, water and shelter for their cats.
B. 
The owner of a domesticated cat shall exercise reasonable care to guard against the cat creating a nuisance.
C. 
The owner of a sexually intact (not spayed or neutered) domesticated cat shall not permit his/her cat to roam unsupervised.
D. 
An owner shall not abandon a domesticated cat.
A. 
Feral cat colonies shall be permitted and caregivers shall be entitled to maintain them in accordance with the terms and conditions of this article.
B. 
Sponsorship of colony TNR programs.
(1) 
The Monmouth County SPCA is approved as sponsor.
(2) 
Other persons may apply to the Borough to serve as colony TNR program sponsors ("sponsors"). Any person or entity so applying shall comply with the requirements of this article for sponsors and execute a Monmouth County SPCA approved sponsor contract. Any person intending to undertake the responsibilities of sponsor shall advise the Monmouth County SPCA in writing and provide his/her/its address and telephone number.
C. 
Sponsor requirements. It shall be the duty of the sponsor to:
(1) 
Review and approve of colony caregivers;
(2) 
Help to resolve any complaints over the conduct of a colony caregiver or of cats within a colony;
(3) 
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
(4) 
Report annually to the Borough on the following:
(a) 
Number of colonies in the Borough;
(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.
(5) 
Register feral cat colonies as provided in Subsection D.
(6) 
Equally responsible with that of the Animal Control Officer for humanely capturing, trapping, neutering, vaccinating, identifying and spaying or neutering feral cats.
(7) 
Obtain and maintain liability insurance for all activities, actions and work performed pursuant to the article and laws of the State of New Jersey, naming the Borough of Eatontown as an additional named insured and 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 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;
(3) 
Taking steps that are reasonably likely to further the objective of the spay/neuter of at least 90% of the colony population;
(4) 
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;
(5) 
Providing food, water and, if feasible, shelter for colony cats;
(6) 
Observing the colony cats at least twice per week and keeping a record of any illnesses or unusual behavior noticed in any colony cats;
(7) 
Obtaining the approval, in writing, of the owner of any property, to which the caregiver requires access to provide colony care;
(8) 
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 or with the sponsor for subsequent permanent placement;
(9) 
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
(10) 
Obtaining proper medical attention to any colony cat that appears to require it.
(11) 
Taking reasonable steps to prevent cats from creating a nuisance in adjacent properties.
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 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 and the sponsor or any other person named as the 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. If the cat does not have an EAID and the owner cannot be located, then the sponsor will nevertheless treat the cat as any stray with a seven-day holding period.
G. 
Requirements in general. It shall be the responsibility of all residents of Eatontown along with the sponsor, feral cat caregivers, and all involved individuals to use due consideration to avoid the taking of rare, threatened or endangered species under the Endangered and Nongame Species Conservation Act, N.J.S.A. 23:2A-1 et seq., in pursuing the actions allowed by this article.
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. On an annual basis, the sponsor shall provide the Borough of Eatontown 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.
A. 
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 which 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 30 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 30 days of the Borough's notice to the sponsor of the caregiver's failure to comply with this article.
B. 
The requirements of this article notwithstanding, Animal Control Officers and police officers may investigate any nuisance complaint.
Not later than December 31, 2015, the Borough of Eatontown 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.