[Adopted 10-14-2013 by Ord. No. 1497]
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:
An animal that is a member of the species felis catus.
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.
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.
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.
Any cat whose owner or keeper from time to time allows the
cat to run free off the property of the owner or keeper.
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.
Exhibiting a temperament of extreme fear of and resistance
to contact with humans.
A.
It shall be unlawful for any owner of any cat to permit such cat
to run free outside the residence or real property of its owner or
keeper unless said cat has been:
B.
It shall be unlawful for the owner of any cat to permit it to run
at large, to cause annoyance to persons or damage to persons or property,
to trespass upon, litter or deface any premises, pavement, public
highway or park in the Borough. The failure of any such owner to properly
curb and restrain his or her cat shall be a violation of the provisions
of this article.
C.
It shall be unlawful for any person other than a feral cat caregiver
to feed a feral.
D.
It shall be unlawful for a feral cat caregiver to feed a feral cat
that has not been treated and tipped as provided for in this article
except during the course of trapping and treating a feral cat in accordance
with the provisions of this article.
E.
It shall be unlawful for any person to release into the wild or otherwise
abandon any cat upon that person's property or the property of
another.
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.
A.
Every owner or possessor of real property in the Borough of Ephrata
shall prevent or remove any and all accumulations of cat waste, feces
or excretions on such property if such accumulations create obnoxious
odors outside the real property of the owner or possessor or create
unhealthy conditions.
B.
No person having ownership, possession, custody or control of a cat
including a feral cat caregiver shall allow such cat to defecate upon
any gutter, street, driveway, alley, curb, sidewalk or other public
property in the Borough or in or on any building or place frequented
by the public or used in common by the tenants thereof or upon the
grounds of a public park or public area or upon private property other
than the property of the owner of the cat.
C.
A person having possession, custody or control of a cat which defecates
in any area other than the private property of the owner of such cat
shall immediately remove the feces from such area and either:
A.
The Ephrata Borough codes enforcement officers, police officers,
community service officers, animal control officer and any special
officers appointed by the Borough Council of the Borough of Ephrata
shall enforce and administer the provisions of this article.
B.
Every codes enforcement officer, police officer, community service
officer, animal control officer and any special officer or agent designated
by the Borough shall have the authority to seize and detain any cat
causing annoyance or damage by running at large and to transport such
animal for impoundment in an animal shelter. Such codes enforcement
officer, police officer, community service officer, special officer,
animal control officer or agent is hereby authorized to go upon any
premises to seize, detain or impound any cat that poses an imminent
risk to the public health, safety or general welfare.
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.
A.
Any person seeking to be a feral cat caregiver shall submit an application
for a feral cat caregiver permit to the Ephrata Borough Manager on
a form provided for that purpose, together with any other documents
or certifications as may be required pursuant to such application
form. Such application form shall require that the applicant certify
that the applicant shall comply with the standards for the safe trapping,
treatment and return of feral cats that the Borough may require by
ordinance.
B.
A permit issued under this article does not authorize a feral cat
caregiver to enter upon private property without the permission of
the landowner.
A.
Feral cats trapped as part of a permitted program must be sterilized
and vaccinated for rabies and distemper prior to release.
B.
All feral cats receiving treatment shall be ear-tipped for identification.
C.
Treatment of feral cats shall only be performed by a veterinarian
currently licensed in the Commonwealth of Pennsylvania.
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.
