The Borough Council of the Borough of Ephrata finds and declares
that the population of stray and feral cats within the Borough poses
a danger to the health, safety, and welfare of the public and constitutes
a public nuisance. Accordingly, it is the intent of this article to
ensure the humane treatment of feral cats and reduce their population
by providing standards to restrict the authority of persons to care
for and maintain custody of feral cats and by providing for penalties
as set forth herein.
The following words and phrases, when used in this Article
V, shall have the meanings ascribed to them in this section, except where the context or language clearly indicates or requires a different meaning:
CAT
An animal that is a member of the species felis catus.
FERAL CAT
Any cat that is unsocialized to humans, whether the cat was
born outside and never socialized with humans or a domesticated cat
which has strayed and over time has become unsocialized to humans;
any homeless, wild or untamed cat.
FERAL CAT CAREGIVER
Any person or organization that, in accordance with these
regulations, has a permit issued by the Borough of Ephrata to trap,
treat, and return feral cats.
OWNER
Every person having a right of property in any cat, every
person who keeps or harbors such cat or has such cat in his or her
care, and every person who permits such animal to remain on or about
any premises occupied by him or her. "Owner" does not include a person
keeping a feral cat as a feral cat caregiver.
STRAY CAT
Any cat whose owner or keeper from time to time allows the
cat to run free off the property of the owner or keeper.
TREAT/TREATMENT
The provision of temporary food, shelter and medical care,
including, but not limited to, sterilization, vaccination for rabies
and distemper, testing for feline diseases, and ear tip or other humane
marking of feral cats which have been treated.
UNSOCIALIZED
Exhibiting a temperament of extreme fear of and resistance
to contact with humans.
No owner shall fail to exercise proper care and control of his
or her cat to prevent it from becoming a public nuisance.
A person having ownership, possession, custody or control of
a female cat in heat including a feral cat caregiver shall confine
that cat in a building or secure enclosure in such a manner that such
female cat cannot come into contact with another animal except for
planned breeding.
The owner of any cat shall fit said cat with an identification
tag or collar at all times when the cat is off the premises of its
owner.
Persons permitted as a feral cat caregiver by the Borough may possess and feed feral cats as part of a trapping, treatment and return program. Except for those acts prohibited by §§
123-21D and
123-25B hereinabove, no feral cat caregiver shall be cited or fined under this article for possession or feeding of a feral cat in his or her discharge of any duty of such program as set forth in or established by the requirements of this article.
Any person who shall violate any provision of this article shall,
upon summary conviction before a District Justice, be subject to a
fine for each offense of not less than $100 and not more than $1,000
and the costs of prosecution, and in default of payment of fine and
costs of prosecution shall be sentenced to imprisonment of not more
than 30 days. Each day a violation shall remain shall constitute a
separate violation and a violation of each section of this article
shall be considered a separate offense.