[Adopted 11-13-2012 by Ord. No. 2012-49]
For the purpose of this article, the following terms shall have the meanings 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.
CAREGIVER
Any person who provides food, water or shelter to or otherwise cares for a feral cat colony.
COMPANION CAT
As used in this article, a cat which is currently socialized to humans.
EARTIPPING
Straight-line cutting of the tip of the left ear of a cat while the cat is anesthetized.
FERAL CAT
A cat which currently exists in a wild or untamed state.
FERAL CAT COLONY
An individual cat or group of cats that congregates. Although not every cat in a colony may be feral, any nonferal cats that routinely congregate with a colony shall be deemed to be a 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.
SPONSOR
A duly incorporated nonprofit organization with animal welfare as part of its corporate purpose which agrees to comply with the requirements of sponsorship as set forth in this article, provides written notice to the City that it desires to serve as a sponsor, and is approved by the City within its discretion.
SUITABLE SHELTER
Shelter that provides protection from rain, sun, and other elements and is adequate to protect the health of the cat.
TNR
Trap, neuter and return.
TNR PROGRAM
A program pursuant to which cats are trapped, neutered or spayed, vaccinated against rabies, eartipped and returned to the current location where they congregate.
Feral cat colonies shall be permitted and caregivers shall be entitled to maintain them in accordance with the terms and conditions of this article. The City reserves the right to limit the number of colonies permitted in the City of Vineland.
The TNR Program shall be administered by one or more sponsors approved by the Mayor and City Council (Board of Health) with the advice and consent of the Health Director.
It shall be the duty of the sponsor to:
A. 
Conduct a thorough review to determine if the caregiver(s) has the capability to meet the requirements of § 224-86;
B. 
Provide training to caregivers regarding proper management of a feral cat colony, including methods to safely capture ferals and health and nutritional needs of a colony;
C. 
Register feral cat colonies as provided in § 224-88;
D. 
Help to resolve any complaints over the conduct of a colony caregiver or of cats within a colony;
E. 
Ensure that records are maintained 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;
F. 
Report quarterly to the City on the following:
(1) 
Number of colonies in the municipality;
(2) 
Total number of cats in each colony;
(3) 
Number of cats and kittens spayed and neutered pursuant to the TNR Program; and
(4) 
Number of cats and kittens placed for adoption, along with proof of spay/neuter.
Caregivers are responsible for the following:
A. 
Submitting the feral cat colony for registration with the sponsor.
B. 
Taking all reasonable, good faith steps that will result in the vaccination of the colony population for rabies and updating the vaccinations on cats that can be recaptured.
C. 
Taking all reasonable, good faith steps that will result in the spaying/neutering, by a licensed veterinarian, of 100% of the colony population. In facilitating the spaying/neutering of cats, caregivers shall be presumed to have acted in good faith in concluding that cats routinely congregating within the colony are feral.
D. 
Upon request, providing the sponsor and/or ACO 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 suitable shelter for colony cats. Food shall only be made available during daylight hours to reduce the attraction of nocturnal rabies vectors.
F. 
Providing for observation by the caregiver, or a responsible party designated by the caregiver, of the colony cats on a daily basis, and keeping a record of any illnesses or unusual behavior noticed in any colony cats.
G. 
Obtaining proper medical attention to any colony cat that appears to require it.
H. 
Obtaining the approval of the owner of any property to which the caregiver requires access to provide colony care.
I. 
In the event that kittens are born to a colony cat, taking all reasonable, good faith steps that will result in the removal of the kittens from the colony after they have been weaned, and the placement of kittens in permanent homes, with proof of spay/neuter, or with the Cumberland County SPCA or other shelters at no cost to the City.
J. 
Making reasonable efforts to find permanent inside homes for colony cats who exhibit the potential for acclimating to such a placement.
K. 
Not introducing or allowing to be introduced any cats from outside the already existing colony into the colony.
L. 
Reporting semiannually 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 placed in permanent homes as companion cats.
M. 
Undergo training for themselves and their responsible substitutes in the proper management of a colony as developed by the City and the sponsor.
A. 
The left ear of a colony cat that has been spayed or neutered and vaccinated shall be eartipped.
B. 
An electronic animal identification device (EAID) shall be inserted into the cat in accordance with professional medical standards. The sponsor shall be the named contact for purposes of the EAID.
Feral cat colonies within the municipality that are not registered with the sponsor are not entitled to any benefits or protections set forth in this article.
A. 
An Animal Control Officer who has trapped a cat whose left ear has been tipped or who bears some other distinguishing mark indicating that the cat belongs to a feral cat colony shall scan the cat for an EAID. If an EAID is found, the Officer shall contact the sponsor or other person responsible for the cat.
B. 
Once contacted, the caregiver shall be responsible for retrieving the cat from the ACO or, if the ACO has delivered the cat to a shelter, the caregiver shall retrieve the cat from the shelter within seven business days of notification or shall surrender the cat to the shelter and pay any required release fees if the caregiver does not intend to retrieve the cat.
A. 
No feral cat colony shall be permitted to be established within any area designated by federal or state agencies as areas reserved for protected or endangered species of birds or other wildlife, or in any federal, state or local designated park or preserve utilized for recreation.
B. 
No person shall feed a feral cat other than an approved caretaker of a registered cat colony in accordance with this article, or a responsible substitute.
A. 
Any person who shall violate any provision of this article, upon conviction thereof, shall be punishable as provided in Chapter 1, General Provisions, Article II, General Penalty.
B. 
Each violation of any of the provisions of this chapter and each day the same is violated shall be deemed and taken to be a separate and distinct offense.
C. 
Nothing shall interfere with the City's ability to:
(1) 
Seize/remove a cat from a colony that is creating a nuisance as defined above if the caregiver and sponsor have failed to cure the nuisance within 30 days of being advised in writing of its existence, which period may be extended at the City's discretion if progress is being made to cure the nuisance.
(2) 
Seize/remove a feral cat colony when the caregiver regularly fails to comply with the requirements of § 224-86 if the sponsor has failed to correct the situation within 30 days of being given notice in writing delineating the failure with specificity. Said period may be extended at the City's discretion if progress is being made to correct the violation(s).
(3) 
No provisions in this article are intended to interfere with the ability of ACOs to comply with N.J.S.A. 4:19-15.16 or other existing law.
The Department of Health shall conduct a periodic review of the program and recommend any revisions which may be required to the governing body.