[Adopted 5-20-2013 by Ord. No. 001-2013]
As used in this article, the following terms shall have the meanings indicated:
ALTERED
Rendered permanently incapable of reproduction as certified by a licensed veterinarian.
CAT
Any cat of the domestic feline species; male, female or altered.
CAT OF LICENSING AGE
Any cat which has attained the age of seven months or which possesses a set of permanent teeth.
CATTERY
Any room or group of rooms, cage or exhibition pen, not part of a kennel, wherein cats for sale are kept or displayed.
OWNER
Every person having a right of property (or custody) in any cat and every person who has a cat in his keeping or who harbors or maintains a cat or knowingly permits a cat to remain on or about any premises occupied by that person. The owner of a cat shall be considered the initial owner of its kittens.
PERSON
Any individual, corporation, partnership, organization or institution commonly recognized by law as a unit.
STRAY CAT
Any cat of licensing age without a current registration tag, visible tattoo or identification marking approved by the Animal Control Officer or a collar or harness inscribed thereon or attached thereto the name and address of the owner.
A. 
No person shall abandon any cat, no matter what its age or condition, within the Township of Toms River.
B. 
No person shall keep, provide care for or harbor any cat in the Township of Toms River except in compliance with the provisions of this article.
C. 
No person owning or having the care, custody or control of any cat shall suffer or permit such cat to:
(1) 
Soil or defile or do any injury or damage to any lawn, vegetable garden, shrubbery, trees, flowers, grounds or any property of any persons other than that of the owner of the cat or person having the care, custody or control of such cat.
(2) 
Cause any injury to any person.
(3) 
Trespass upon any public property or any private property without the permission of the owner thereof.
(4) 
Create excessive odors, unsanitary conditions or nuisances.
(5) 
Be or become a public health nuisance or create a condition hazardous to safety and health.
D. 
No person shall place food intended or suitable for consumption by a cat in any location out of doors unless such food is for a licensed cat or dog which is regularly kept, harbored or maintained on the premises where such food is placed, and if the person placing such food is not the owner of the cat or dog, then only if the owner of the same consents to such feeding and unless such food is removed within two hours after placement, and in no event shall such food be allowed to remain out of doors more than 30 minutes after sunset and before sunrise.
E. 
Every person owning, keeping or harboring or in control of a cat shall be responsible to immediately pick up, remove, and dispose of in a sanitary manner approved by the Township of Toms River Board of Health all feces deposited by said cat on any sidewalk, passageway, bypath, play area, park or upon any public property whatsoever or upon any private property.
F. 
Any person owning, keeping or harboring any cat or dog, whether the same is licensed or unlicensed, who shall allow the same to run at large in or about the streets, highways or public places of the Township or to run at large upon lands and premises of any person other than the owner or persons in possession of the same without permission of the landowner first obtained in writing shall be guilty of a violation of this chapter.
Any person who shall abandon or leave uncared for any cat upon the streets, highways, alleys or other public places in the Township or upon lands and premises owned or occupied by any person other than the owner or person in possession of such cat shall be guilty of a violation of this chapter. It shall also be unlawful for any person to abandon or leave without proper care any cat even though it be left abandoned upon a lot and premises owned or occupied by the person in possession of such cat.
No cat kept in a pet shop shall be permitted off such premises except on a leash or in a crate or other safe control.
No person owning, keeping or harboring any cat shall allow the same to be upon the public streets or in any public place of the Township unless accompanied by a person of such age and such mental and physical capabilities that he or she is able to control and restrain such cat from harming or injuring any person or property.
The Animal Control Officer of the Township shall take into custody and impound or cause to be taken into custody and impounded and, thereafter, destroyed or offered for adoption as provided in this section:
A. 
Any cat off the premises of the owner of the person keeping or harboring said cat which said official or his agent or agents have reason to believe is a stray cat.
B. 
Any cat off the premises of the owner or of the person keeping or harboring said cat without a current registration tag on its collar.
C. 
Any cat or other animal which is suspected to be rabid.
D. 
Any cat or other animal off the premises of the owner reported to or observed by the Animal Control Officer of the Township to be ill, injured or creating a threat to public health, safety or welfare or otherwise interfering with the enjoyment of property.
A. 
The provisions of this article shall be enforceable by the Township Health Officer or his designee, Animal Control officers employed or contracted by the Township and any Township police officer.
B. 
It shall be unlawful for any person to hinder, molest or interfere with anyone authorized to enforce the provisions of this article.
A. 
Any person who refuses or fails to comply with any provision of this article shall be liable for the following penalties:
(1) 
Not less than $50 for the first offense.
(2) 
Not less than $100 for the second offense.
(3) 
Not less than $150 for the third offense.
B. 
Except as otherwise provided in this article, any person who continues to fail or refuses to comply with this article shall be liable for subsequent penalties of not more than $2,000 or imprisonment or community service for no more than 90 days, at the discretion of any judge hearing a complaint brought pursuant to this article.