Borough of Spotswood, NJ Cats

To provide food, shelter, health care or any other care to cats, whether on a regular or irregular basis, and whether the cats are vaccinated or housed.

[Added 8-27-2012 by Ord. No. 2012-08]

NEUTERED

Rendered permanently incapable of reproduction as certified by a licensed veterinarian.

OWNER

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 a cat in his or 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.

VICIOUS CAT

Any cat which has attacked or bitten any human being without provocation.

§ 46-15 Vaccination required.

Vaccination requirements. No person shall own, keep, harbor or maintain a cat within the Borough of Spotswood unless such cat is vaccinated and licensed. 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 C below. The provisions of this section do not apply to cats held in a kennel, pound, licensed animal shelter, pet shop, state or federal licensed research facility or veterinary establishment where cats are received or kept for diagnostic, medical, surgical or other treatment.

Vaccination certificate. A certificate of vaccination shall be issued to the owner of each cat vaccinated. This certificate shall be in the form recommended by the State of New Jersey.

Exemptions. Any cat may be exempted by the Borough Clerk from the requirements of such vaccination for a specified period of time upon presentation to the Borough Clerk of a veterinarian certificate stating that because of an infirmity or other physical condition, or regimen or therapy, the inoculation of such cat should be deemed inadvisable.

§ 46-16 License required.

License requirement.

(1)

No person shall own, keep or harbor any cat within the Borough of Spotswood without first obtaining a license therefor to be issued by the Borough Clerk upon application by the person owning, keeping or harboring the cat and upon payment of the prescribed fee. Any person who owns, keeps or harbors a cat shall, in the month of January and renewal thereof shall expire on January 31, the following year, apply for and receive from the Borough Clerk a license and official metal registration tag for each cat owned, kept or harbored, and shall place upon each such cat a collar with the registration tag securely fastened thereto. The owner of any newly acquired cat of licensing age or of any cat which attains licensing age shall make application for a license and registration tag for that cat within 10 days of acquiring the cat or of the cat attaining licensing age. Any person who shall bring or cause to be brought into the Borough of Spotswood any cat licensed in another state for the current year bearing a registration tag, and who shall keep the cat within the Borough for a period of more than 90 days, shall immediately apply for a license and registration tag for that cat. Any person who shall bring or cause to be brought into the Borough any unlicensed cat and who shall keep the cat within the Borough for more than 10 days shall immediately apply for a license and registration tag for that cat.

(2)

Licenses for not more than five cats for any one household may be issued for the same licensing period. Any additional cat shall make the person or persons owning or harboring it liable for owning or harboring an unlicensed cat unless such person or persons shall be holder of a kennel or pet shop license. This article shall commence on January 1, 1995. This article shall be read in conjunction with § 46-2A(1)(e) and in no instance shall any one household be issued more than a total of five licenses for dogs and cats combined.

[Added 11-21-1994 by Ord. No. 1994-564]

Removal of tag prohibited. No person except an officer in the performance of his duty shall remove a registration tag from the collar of any cat without the consent of the owner, nor shall any person attach a registration tag to a cat for which it was not issued.

Proof of licensing. 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.

Fees; renewal. A person applying for the license and registration tag shall pay a fee of $8.20 for each unneutered cat and $5.20 for each neutered cat; for each annual renewal, the fee for the license shall be the same as for the original license. Each cat license and registration tag shall expire on the last day of January of the calendar year following the calendar year in which it was issued. Accordingly, all license fees shall be due and payable no later than the last day of January. The license fee shall not be prorated for a portion of the year of initial licensing. Persons who fail to obtain licenses as required within the time period specified in this section, will be subject to a delinquent fee of $5, in addition to any penalty previously set forth below.

Application. The application shall state the breed, sex, age, color and markings of the cat for which the 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 Borough Clerk.

Any valid New Jersey license tag issued by a New Jersey municipality shall be accepted by this municipality as evidence of compliance.

§ 46-17 Use of license fee funds.

License fees and other moneys collected or received under the provisions of this article shall be forwarded to the Treasurer of the Borough of Spotswood and shall be placed in a special account separate from any of the other accounts of the Borough of Spotswood and shall be used for the following purposes only: collecting, keeping and disposing of cats liable to seizure, local prevention and control of rabies, providing anti-rabies treatment under the direction of the Board of Health for any person known or suspected to have been exposed to rabies, or administering the provisions of this article. Any unexpended 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 the third fiscal year following and at the end of each fiscal year thereafter, there shall be transferred from said special account to the general funds of the Borough 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.

§ 46-18 Violations and penalties.

Except as otherwise provided in this article, any person who violates or who fails, or refuses to comply with this article, shall be liable to a penalty as prescribed in Article II, General Penalty, of this Code for each offense, to be recovered by and in the name of the municipality.

§ 46-19 Canvass.

The provisions of § 46-5 regarding dog canvass is hereby made applicable to cats.

§ 46-20 TNVR Program.

[Amended 5-3-2021 by Ord. No. 2021-05]

Definitions. The following words and terms shall have the meanings herein indicated for purposes of this section.

ABANDONED CAT

A domesticated cat or free-roaming cat whose owner or caregiver has either forsaken it entirely, has neglected or refused to provide it care and support, or has otherwise relinquished title in or a claim to the domesticated or stray cat and has turned it out into the wild.

ANIMAL CONTROL OFFICER

A 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.

CAT

Any member of the domestic feline species felis catus.

COLONY CAT

Any cat associated with or living in a feral cat colony.

DOMESTICATED CAT

A cat that has an owner and which is typically not off the property of the owner, not outside the residence of the owner, is under the physical control and restraint of the owner and is regularly provided with food by its owner.

EARMARKED

A tagged, notched or tipped left ear as performed by a licensed veterinarian.

FERAL CAT

A wild or stray cat that is not owned or a cat that has no identifiable owner and which is unsocialized to humans and has a permanent temperament of extreme fear of and resistance to contact with humans.

FERAL CAT CAREGIVER

Any person who cares for feral cats and/or provides food, care and/or shelter for feral cats and is willing to comply with the responsibilities and requirements set forth in this MOU.

FERAL CAT COLONY

A group of cats that congregate, 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.

FREE-ROAMING CAT

A cat that has an owner but which frequently roams outdoors, is regularly off the property of the owner, is not under the physical control and restraint of the owner but is regularly provided with food by its owner.

MANAGED CAT COLONY

Spaying and neutering the cats to stabilize the population of the feral cat colony.

NUISANCE

For purposes of this section, means 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

For purposes of this section, means any person, firm, corporation, partnership, association, trust, estate, or any other legal entity possessing, maintaining, housing, or harboring any cat or otherwise having a right of property in the cat.

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.

SPONSOR OF THE TNVR PROGRAM

A duly authorized animal shelter or organization under the authority of New Jersey State law Title 4, and having such authority within the County of Middlesex, and the Borough of Spotswood, which shall be as designated by the Mayor from time to time.

STRAY CAT

A cat that has an owner but which frequently roams outdoors, 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.

TNVR

Trap, neuter, vaccinate and return.

TNVR PROGRAM

A program pursuant to which feral and stray cats are trapped, identified, neutered or spayed, vaccinated against rabies and returned to the location where they were trapped.

ZOONOTIC DISEASE

Those diseases transmittable to humans from animals, including parasitic, bacterial, fungal and viral diseases, including but not limited to zoonotic influenza; salmonellosis; West Nile virus; plague; rabies; brucellosis; Lyme disease.

Sponsor and sponsor requirements. The TNVR program shall be implemented by a sponsor which shall:

(1)

Review feral colony caregivers and make recommendations to the Borough Animal Control Officer as to the approval of feral colony caregivers;

(2)

Help to resolve any complaints made regarding the conduct of a colony caregiver or of cats with or belonging to 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;

(4)

Report monthly to the Borough on the following:

(a)

Number of feral colonies in the Borough;

(b)

Total number of feral cats in colonies;

(c)

Number of cats and kittens spayed and neutered pursuant to the TNVR program;

(d)

Number of cats and kittens placed in permanent homes; and

(e)

Any other information that may be required from time to time by the Borough of the Animal Control Officer;

(5)

Report immediately to the Borough and the Animal Control Officer any instances of zoonotic diseases being detected in any cat that was or has been trapped as part of TNVR or in any feral cat colony;

(6)

(7)

Take reasonable steps, in the event a cat trapped as part of a TNVR program appears to be a domesticated cat or stray cat, to return the domesticated cat or stray cat to its owner;

(8)

Shall confer with the Animal Control Officer as to implementing humanely capturing, trapping, neutering, vaccinating, identifying and spaying or neutering feral cats, provided that the Animal Control Officer shall have the final decision on these issues;

(9)

Prior to entering upon any land for the purpose of the TNVR program, the sponsor shall obtain the landowners' written permission, which shall be kept on file and maintained by the sponsor and shall be produced to the Borough upon written request in 48 hours;

(10)

Schedule surgical dates for all TNVR activities;

(11)

Be responsible for humanely trapping, vaccinating, and spaying or neutering of feral cats.

Feral cat caregiver requirements.

(1)

Feral cat caregivers are responsible for the following:

(a)

Registering as a feral cat caregiver with the sponsor, once approved. If not approved, cannot and shall not interfere with the feral cat colony program or interact with feral cats whatsoever;

(b)

Registering the feral cat colony with the sponsor;

(c)

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;

(d)

Taking steps that are reasonably likely to result in the sterilization of at least 90% of the colony population;

(e)

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;

(f)

Providing food, water and, if feasible, shelter for colony cats at their sole cost and expense;

(g)

Feeding cat colony on a schedule approved by sponsor and return to location within two hours to clean and maintain area as required;

(h)

Observing the colony cats at least twice per week and keeping a record of any illnesses or unusual behavior noticed in any colony cats;

(i)

Obtaining the approval, in writing, of the owner of any property to which the caregiver requires access;

(j)

Acknowledging that in the absence of written approval from a property owner, a feral cat caregiver is prohibited from entering onto private property to feed feral cats;

(k)

In the event that kittens are born to a colony cat, the caregiver shall take all reasonable steps likely to result in the removal of the kittens from the colony after that 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;

(l)

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;

(m)

Obtaining proper medical attention to any colony cat that appears to require it;

(n)

Taking reasonable steps to prevent cats from creating a nuisance in adjacent properties;

(o)

Taking reasonable steps, in the event a cat trapped as part of a TNVR program appears to be a domesticated cat or stray cat, to return the domesticated cat or stray cat to its owner.

(2)

Any person who violates or fails or refuses to comply with the provisions enunciated herein and is reported to the sponsor of a feral caregiver of their violation, failure or refusal to comply shall be liable to a penalty of not less than $50 per violation or offense, to be paid to the sponsor or the animal control center, to be decided by the Mayor, within five days of the written violation and notice to the feral caregiver.

(3)

No person shall hinder, molest or otherwise interfere with any person authorized or empowered to perform any duty herein provided.

Colony cat requirements.

(1)

The left ear of a colony cat that has been spayed or neutered and vaccinated as part of a TNVR program 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. Any cat with an EAID bearing a colony number that is later determined to be a domesticated or stray cat, the sponsor shall have the EAID information changed at no charge to the owner.

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 immediately.

(2)

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 an owner 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.

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. On an annual basis, the sponsor shall provide the Borough 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 Manager.

Costs. The costs of implementing the TNVR program shall be at an amount to be approved by the Borough including the costs of medical services related to neutering, ear-tip, rabies vaccination, distemper vaccination, microchip and blood test for each cat. Any additional medical services shall be at the discretion of an approved veterinarian.

Implementation. The sponsor, the Borough Animal Control Officer and approved caregivers shall coordinate the transportation to and from the sponsor for the purpose of this TNVR program.

Breach. Any individual found feeding or in any way attracting, harboring, caring or maintaining feral cat colonies without complying with the provisions of this chapter shall be deemed in violation and will be responsible for any costs incurred by the Borough in the process of collecting, capturing and surrendering of said feral cats, as well as any fines or penalties provided hereunder.

§ 46-21 Access to premises.

The provisions of § 46-7B regarding access to premises is hereby made applicable to cats.

§ 46-22 Removal of feces.

The removal of animal feces (Ordinance 1986-339) is hereby made applicable to cats.[1]

[1]

Editor's Note: See § 46-8H of Art. I of this chapter.

§ 46-23 Quarantine.

When applicable. When any dog or cat attacks or bites a human being, the Chief of Police or his representative may order the owner of the dog or cat to confine it, either on the owner's premises or any other reasonable location which he designates, for a period of at least 10 days. The expenses of confining the dog or cat shall be borne by the owner.

Examination of quarantined dogs and cats. The Chief of Police or his representative shall have the right to examine any dog or cat confined under the provisions of this article at any reasonable time, including daily examinations, for a period of 10 days after the dog or cat has attached or bitten any person, to ascertain whether the animal shows symptoms of rabies.

Release from quarantine. Regardless of whether or not the period of time from which the owner was directed to confine the dog or cat has expired, no dog or cat confined under the provisions of this article shall be released from quarantine until the Chief of Police issues a certificate of release. The certificate shall only be issued after either the person designated by the Chief of Police or his representative to examine the dog or cat or a licensed veterinarian has certified, in writing, that the animal appears to be healthy and free from rabies.

Imposition of general quarantine. Whenever the Chief of Police or his representative is notified by the State Department of Health or other appropriate agency that there is danger of an epidemic of rabies in the Borough of Spotswood, he shall order all persons owning or having custody of dogs or cats in the Borough to keep their dogs and cats confined to their own premises. Notice that an order has been issued may be either written or oral and may be served personally, by mail, by publication in a newspaper circulating in the Borough, by conspicuously posting it in public places, or by any other method calculated to actually reach the person affected.

§ 46-24 Enforcement official designated.

The Chief of Police and the Animal Control Officer shall have the primary duty of enforcing this article.