[Adopted 12-10-2013 by Ord. No. 09-2013]
As used in this article, the following terms shall have the
meanings indicated:
Any live vertebrate creature including mammals, birds, reptiles,
amphibians and fish, but not humans.
A person 18 years of age or older who has satisfactorily
completed the course of study approved by the Commissioner of Health
and Senior Services of the State of New Jersey and the Police Training
Commission as prescribed by paragraphs (1) through (3) of Subsection
a of Section 3 of N.J. P.L. 1983, c. 525 (N.J.S.A. 4:19-15.16a); or
who has been employed in the State of New Jersey in the capacity of,
and with similar responsibilities to those required of, a certified
animal control officer pursuant to the provisions of N.J. P.L. 1983,
c. 525, for a period of three years before January 17, 1987.
An individual or group of individuals who, with or without
salary or compensation, house and care for homeless animals in the
home of an individual or in other facilities, with the intent of placing
the animals in responsible, more permanent homes as soon as possible.
The home or other facility in which an animal rescue organization
houses and cares for an animal.
Any establishment where dogs, cats or other animals are received,
housed and distributed, but not a pet store.
That an animal is off the property of its owner and i) the
animal has entered upon the property of another person without authorization
of that person; or ii) the animal has entered onto public property,
street or right-of-way, unless that animal is restrained by its owner,
or a person caring for the animal on behalf of the owner, with a leash
of no less than six feet in length, or other physical control device,
such that the animal is under the physical control of the owner or
person caring for the animal on behalf of the owner. Nothing in this
definition is intended to prevent dogs being on training leashes or
on retractable leashes or being engaged in other appropriate activities
under adequate, responsible adult supervision where care is taken
to assure control as needed is available to prevent violations of
this article.
A member of the species Felis catus.
Any cat which is not a community cat which has attained the
age of seven months or, if age cannot be determined, a cat which possesses
a set of permanent teeth.
Any free-roaming cat that may be cared for by one or more
residents of the immediate area who is/are known or unknown; a community
cat may or may not be feral. Community cats shall be distinguished
from other cats by being sterilized and eartipped; community cats
are exempt from licensing, stray and at large provisions of this article.
Any person who, in accordance with a community cat management/TNR
program to trap, neuter, vaccinate for rabies, ear tip and return
free-roaming cats or feral cats:
Free-roaming cats cared for by community cat caregivers may
or may not be feral.
A community cat caregiver shall not be considered to own, possess,
keep or harbor a community cat.
A single community cat or a group of community cats that
congregate together outside as a unit. Although not every cat in a
colony may be feral, any nonferal cats that congregate with a colony
shall be deemed part of it.
The straight-line cutting of the tip of one ear of a cat
while the cat is anesthetized. Eartipping the left ear is the best
and universally accepted practice; although in the past cats may have
been ear-tipped on the right ear.
A cat that is unsocialized to humans and has a temperament
of extreme fear of, and resistance to, contact with humans. Feral
cats are included in the definition of "community cats" as community
cats may or may not be feral. Feral cats are:
The act of caring for and keeping an animal or the act of
providing a premises or residence to which the animal returns for
food, shelter or care, where the caregiver is providing the primary
source of sustenance for the animal for at least 10 days, whichever
time is shorter. Community cat caregivers do not harbor community
cats for the purposes of this article, but are subject to the provisions
of the article pertaining to community cats.
An electronic animal identification device that is inserted
into an animal, typically on the back between the shoulder blades,
by a veterinarian in accordance with professional medical standards.
The City of Burlington, County of Burlington, State of New
Jersey.
To neuter an animal means to have a licensed veterinarian
surgically sterilize the animal. For the purposes of this article,
"neuter" shall mean to neuter a male animal or spay a female animal.
Disturbing the peace by:
Habitual or continuous howling, barking, crying or screaming;
The habitual and significant destruction, desecration or soiling
of property against the wishes of the owner of the property, in particular,
the creation of conditions leading to the excessive breeding of fleas
or flies, odors or noises;
Habitually chasing motor vehicles or other vehicles;
Habitually chasing or otherwise molesting passersby; or
Habitually trespassing upon public or private grounds.
For the purpose of this article, "habitually" means occurring
on at least two separate occasions within a time period of one month;
except that barking, howling, crying, or screaming habitually means
making the sound persistently or continuously for at least 30 minutes
occurring at least three separate times within a period of eight hours.
For the purpose of this article, "persistently" or "continuously"
shall mean nonstop utterances for 30 consecutive minutes with interruption
of less than 30 seconds at a time.
Any person, household, firm, corporation, or other organization
who:
A person must be age 18 or older to be considered the legal
owner of an animal. If a person under age 18 is considered the custodian
or caretaker of the animal, the parent or legal guardian shall be
considered the legal owner of the animal.
A community cat caregiver is not an owner of community cats
for the purposes of this article but is subject to the provisions
pertaining to community cat caregivers.
An establishment for the confinement of dogs, cats or other
animals seized or captured by a municipality or the agent of a municipality
under the provisions of this article, or otherwise. This term is often
applied to a municipal animal control facility or a private or nonprofit
animal shelter that contracts with one or more municipalities to hold
such animals.
Any establishment where dogs or other animals are received,
housed and distributed.
An individual or organization which registers with the City
of Burlington and oversees the implementation of TNR in the City of
Burlington, offers services to caregivers and community cat colonies,
and works to resolve community cat nuisance complaints in accordance
with the provisions of this article.
Any animal that is found to be at large, whether lost by
its owner or otherwise, or that is on the common areas of apartments,
condominiums, trailer parks or other multiresidential premises, and
that does not have an identification tag and for which there is no
identifiable owner. The term "stray" shall not be applied to community
cats managed in accordance with this article.
Trap-neuter-return.
A program pursuant to which community, feral and stray cats
are humanely trapped, spayed or neutered, vaccinated against rabies,
and returned to the location at which they were trapped. A cat may
receive a microchip as part of a TNR program.
Any trap used to capture stray dogs or cats that is constructed
so that it does not harm the animal.
An individual who is licensed to engage in the practice of
veterinary medicine in the State of New Jersey.
A.Â
No person shall keep an animal on a property in a manner that causes
one or more of the following: unsanitary conditions; infestation by
insects or rodents; physical conditions that endanger the health or
safety of humans.
B.Â
No person shall maintain or feed any animal, domesticated or wild,
in a manner that causes one or more of the following: unsanitary conditions;
infestation by insects or rodents; physical conditions that endanger
the health or safety of humans.
C.Â
Community cat colonies shall be permitted, and caregivers shall be
entitled to maintain them, in accordance with the terms and conditions
of this article.
A.Â
The City of Burlington believes that the safest place for pet cats
is indoors. The City of Burlington also recognizes that feral and
community cats, as defined in this article, are not, in the vast majority
of cases, suitable to be taken indoors as pets, and their home is
outdoors. The City further recognizes the need for innovation in addressing
the issues presented by community cats.
B.Â
To that end, the City of Burlington finds that properly managed community
cats are part of the solution to reducing the numbers of feral cats
in the City of Burlington and the rate of euthanasia of cats in area
shelters.
C.Â
Community cat colonies shall be permitted in the City of Burlington
as part of a community cat management/TNR program in accordance with
the following provisions:
(1)Â
Sponsors of TNR programs. The City of Burlington shall select a private
nonprofit 501(c)(3) animal welfare organization to serve as the lead
sponsor of the community cat management/TNR program. The lead sponsor
shall oversee the activities of secondary sponsors and community cat
caregivers in accordance with a memorandum of understanding between
the City of Burlington and the selected nonprofit organization. Individuals
and organizations may apply to the lead sponsor to serve as additional
program sponsors. Any person or entity intending to undertake the
responsibilities of secondary sponsor shall advise the lead sponsor
in writing and provide his/her/its address, e-mail address and telephone
number.
(2)Â
Community cat caregivers. Community cat caregivers must ensure community
cats are sterilized, vaccinated against the threat of rabies, and
ear-tipped, and must cooperate with the City of Burlington and the
sponsor to abate any nuisance. Community cat caregivers are encouraged
to register with a sponsor and follow best practices of community
cat care.
(3)Â
Location of community cat colonies. All managed community cat colonies
must be maintained in compliance with trespassing and property laws.
(4)Â
Requirements for exemptions from certain provisions of this article.
All cats that are part of an approved TNR/community cat program pursuant
to this article must be sterilized, vaccinated against the threat
of rabies, and ear-tipped for easy identification. If these requirements
are met the community cat is exempted from licensing, stray and at-large
provisions of this article.
D.Â
In the event the City is unable to identify or otherwise designate a lead TNR sponsor, the following provisions will remain in effect in order to promote private and nonprofit TNR efforts which are consistent with the intent of this Article VIII:
[Added 8-7-2018 by Ord.
No. 11-2018]
(1)Â
Community cats may be cared for on the private property of the caregiver
or upon the property of another with the permission of the owner or
property manager.
(2)Â
All community cat caregivers shall make reasonable efforts to have
all free-roaming cats within their care sterilized, vaccinated against
rabies, and ear-tipped for easy identification.
(3)Â
All community cat caregivers are required to make reasonable efforts
to provide certain necessities to each community cat under his/her
care on a regular/ongoing basis, including, but not limited to, proper
nutrition, adequate quantities of visibly clean and fresh water and
medical care as needed. If medical care is unavailable or too expensive,
the community cat caregiver must not allow the cat to suffer. Feeding
is permitted during daylight hours only. Food must be offered to cats
in a container and shall not be dumped on the ground. Any food remaining
after cats have eaten must be removed before dark. Feeding areas must
be maintained in a clean and sanitary condition.
(4)Â
Community cat caregivers shall make reasonable attempts to remove
young kittens from the field for domestication.
(5)Â
In the absence of a designated lead TNR sponsor, the remainder of
this article shall govern. Any provisions requiring notice to or correspondence
with the lead TNR sponsor shall be waived.
(6)Â
Nothing in this section shall be deemed to prohibit or limit the
authority of Animal Control Officers and/or other authorized officials
to remove or authorize the removal of any free-roaming cat or community
cat because of an immediate public health or safety concern.
A.Â
Trapping of community cats by those who are not community cat caregivers
as defined in this article, sponsors, animal control officers employed
by the municipality, or members of law enforcement is prohibited unless
the person trapping the cats is doing so for the purpose of providing
medical attention for a sick or injured cat or for the purpose of
TNR. Persons who trap free-roaming cats for the purpose of TNR must
comply with the provisions of this article.
A.Â
Injured or sick ear-tipped cats trapped by animal control officer.
If an animal control officer traps an injured or sick ear-tipped cat
that requires medical attention, the animal control officer shall
take the cat to a pound to scan the cat for a microchip. If a microchip
is found which identifies the cat or cat's colony, the officer shall
contact the sponsor or community cat caregiver of the cat who shall
then arrange for medical attention. If the injured or sick cat does
not have a microchip and cannot otherwise be identified by the animal
control officer, the animal control officer shall contact the sponsor
who will arrange for the cat to receive medical attention and return
the cat to the appropriate colony or place the cat in another appropriate
placement.
B.Â
Ear-tipped cats inadvertently trapped by animal control. An animal
control officer who traps an apparently healthy ear-tipped cat shall
immediately release the cat.
C.Â
Ear-tipped cats deliberately trapped by animal control; community
cat caretaker/sponsor responsible for nuisance abatement. An animal
control officer who deliberately traps an ear-tipped cat shall scan
the cat for a microchip. If a full scan is not possible in the field
due to fractious behavior, the officer shall take the cat to a shelter
or holding facility to scan the cat for a microchip. If a microchip
is found which identifies the cat or cat's colony, or if the officer
is able to identify the cat by another means, the officer shall contact
the sponsor or community cat caregiver of the cat with a description
of the cat, the microchip number, the location where the cat was trapped,
and the nuisance complaint which caused the animal control officer
to set the trap. The caregiver or sponsor shall retrieve the cat and
return the cat to its colony and undertake nuisance abatement efforts.
(1)Â
If the caregiver or sponsor is not able to immediately take custody
of the cat, the officer shall return the cat to the appropriate colony.
(2)Â
If the cat does not have a microchip and cannot otherwise be identified
by the sponsor or a community cat caregiver, the animal control officer
shall contact the sponsor so the cat can be placed in an appropriate
colony placement.
D.Â
Community cats suspected to be rabid. If a trapped community cat
is suspected of being rabid, the animal shall be immediately reported
to the executive officer of the local board of health and to the Department
of Health and Senior Services, and shall be quarantined, observed,
and otherwise handled and dealt with as appropriate for an animal
suspected of being rabid or as required by the Department of Health
and Senior Services for such animals.
E.Â
Resolution of complaints; procedures.
(1)Â
The requirements of this article notwithstanding, animal control
officers and police officers may investigate any nuisance complaint.
If an animal control officer or police officer determines that an
ear-tipped community cat is causing a nuisance as defined by this
article, the animal control officer or police officer shall contact
the sponsor. The sponsor shall begin nuisance abatement procedures
within 48 hours and make all reasonable efforts to resolve the nuisance
in as short a time period as possible, not to exceed 60 days. If the
sponsor fails to resolve the nuisance or remove the cat within 60
days, the animal control officer may remove the cat. If an animal
control officer removes a community cat, the municipality must notify
the sponsor or community cat caregiver and allow the sponsor or caregiver
to retrieve the cat from the pound for adoption or relocation. If
an animal control officer or police officer reasonably determines
that a cat is injured or poses a significant threat to public health,
the officer may reduce the time that the sponsor has to resolve the
complaint, as necessary to protect the cat and public health, before
taking further action. In the case of an emergency, the animal control
officer or police officer may remove the cat, but within 24 hours
the municipality must provide the sponsor with notice of the cat's
whereabouts and allow the sponsor an opportunity to retrieve the cat
for treatment, return, or relocation.
(2)Â
Factors to be considered during the nuisance abatement process shall
include:
The City of Burlington shall have the following rights:
A.Â
The right to seize or remove cats from a colony which have not been
vaccinated against rabies and which are demonstrating signs of the
disease.
B.Â
The right to seize or remove a cat from a colony which is creating
a nuisance as defined in this article, after the community cat caregiver
and sponsor have been given 60 days to abate the nuisance or remove
and relocate the cat and have failed to do so. The caregiver must
begin nuisance abatement procedures within 48 hours after being notified
of a nuisance by an animal control officer and must take all reasonable
steps to resolve the nuisance in as short a time as possible, not
to exceed 60 days.
C.Â
The right to seize or remove a cat or colony of cats when the community
cat caregiver regularly fails to comply with the colony care requirements
of this article and the sponsor has not been able to obtain a replacement
or substitute caregiver within 30 days of the City’s notice
to the caregiver and sponsor of the failure to comply with this article.
If one or more cats are in danger due to a caregiver’s lack
of compliance, the sponsor may work with other local caregivers to
find a suitable replacement caregiver or relocate the cats.
A.Â
It shall be unlawful for any person to use inhumane methods to capture
dogs or cats. Traps and the trapping of dogs or cats must meet the
following requirements:
(1)Â
Traps shall not be left unattended for more than two hours;
(2)Â
Traps shall not be left/set overnight unless traps are checked at
least every two hours;
(3)Â
Traps shall not be left unattended for any length of time in temperatures
below 45º F. or above 80º F.; in rain or snow; or in any
other extreme weather;
(4)Â
Traps utilized to capture dogs or cats shall be humane traps; and
(5)Â
Tampering with traps and/or releasing a dog or cat that has been
trapped pursuant to the provisions of the City of Burlington TNR program
is strictly prohibited.
A.Â
The practice of trapping cats and/or dogs for the purpose of euthanizing
the animal shall be unlawful except in cases of serious disease or
injury as determined by a licensed veterinarian. Further, it shall
be unlawful to employ or to be employed for the express purpose of
trapping and killing free-roaming cats and dogs as a means to eliminate
a nuisance. This section shall not prohibit an animal control officer
or police officer from carrying out their lawful duties as otherwise
specifically permitted under this article.
A.Â
No owner or person having temporary custody of any animal shall permit
the animal to be, or fail to provide physical control to restrain
the animal from being, at large.
B.Â
Exemptions. A cat shall be considered exempt from these provisions
if the cat is part of an approved community cat management/TNR program
in accordance with this article.
A.Â
No person may desert or abandon any animal at any public or private
location.
B.Â
The practice of TNR and the provision of care to a community cat
in accordance with the provisions of this article do not constitute
desertion or abandonment of the community cat. However, the placement
of a cat at a community cat colony by a person other than the community
cat caregiver or sponsor constitutes abandonment.
A.Â
Any unlicensed dog or cat that is older than seven months is presumed
to be unvaccinated. This presumption can be rebutted only by a current
rabies vaccination certificate signed by a veterinarian or issued
by an approved government agency.
B.Â
Exception. A community cat that has been ear-tipped is presumed to
have been vaccinated against rabies at least once.
A.Â
Upon capturing an animal that bears a registration tag or private
ID tag or tattoo, an animal control officer shall make every reasonable
effort to contact the owner or caregiver listed on the tag or associated
with the registration or tattoo and shall make every reasonable effort
to return the animal to its owner or caregiver while in the field;
that is, without transporting the animal to an animal control facility.
If it is not reasonably possible to return the animal to the owner
or caregiver while in the field, the animal control officer will follow
normal notification and impounding procedures according to the provisions
of this article.
B.Â
Upon capturing an animal that does not bear a registration tag or
private ID tag, the animal control officer shall carefully scan the
animal for a microchip using a universal scanner. If a microchip is
found, the animal control officer shall make every reasonable effort
to contact the microchip company to obtain contact information for
the owner or caregiver and shall then make every reasonable effort
to contact the owner or caregiver and return the animal to its owner
or caregiver while in the field; that is, without transporting the
animal to the animal control facility. If it is not reasonably safe
or possible to return the animal to the owner or caregiver while in
the field, the animal control officer will follow notification and
impounding procedures according to the provisions of this article.
C.Â
The impounding shelter and/or animal control officer may make a reasonable
inquiry in the immediate vicinity in which a stray animal is picked
up in order to locate the owner or caregiver, if any, of a stray animal.
A.Â
When a shelter, pound, or kennel operating as a shelter or pound,
or animal rescue organization facility receives a cat or dog for which
the identity of the owner or caregiver is not known, the shelter or
rescue organization shall carefully scan the animal for microchip
identification using a universal scanner.
B.Â
Prior to release of any cat or dog for adoption, transfer to another
facility or foster home, or euthanasia of the cat or dog, the shelter,
pound, kennel operating as a shelter or pound, or animal rescue organization
facility shall, if the identity of the owner or caregiver is not known,
scan the cat or dog for microchip identification.
C.Â
If either scan required pursuant to § 84-71 or 84-72 of this article reveals information concerning the owner or caregiver of the cat or dog, the shelter, pound, kennel operating as a shelter or pound, or animal rescue organization facility shall immediately seek to contact and notify the owner or caregiver of the whereabouts of the cat or dog. Furthermore, if microchip identification is found, the shelter, pound, kennel operating as a shelter or pound, or animal rescue organization facility shall hold the animal for at least seven days after the notification to the owner or caregiver.
A.Â
In the case of an impounded ear-tipped cat, if the community cat
caregiver is not known, the sponsor shall be notified. The sponsor
is authorized to reclaim an ear-tipped cat on behalf of the caregiver.
B.Â
Feral/community cats brought in by the public or by animal control
officers or other law enforcement officials in traps for the purpose
of TNR shall be spayed/neutered, vaccinated against rabies, ear-tipped
on the left ear, and returned to the location at which they were trapped/caught.
The sponsor shall be notified of the location of the neutered and
returned feral cat. If return to the location at which a cat was trapped
is considered truly dangerous to the cat's well-being, or return is
otherwise deemed impossible, the cat will be relocated with approval
by the animal control officer or sponsor.
A.Â
It shall be unlawful for any person to knowingly or negligently place
or leave any poison or poisonous substances injurious to domestic
animals in any place accessible to domestic animals or to recklessly
or negligently expose any nonvermin animal to poison or poisonous
substances. Nothing in this section is intended to address the unintentional
poisoning of an animal due to the animal's ingestion of plants that
are naturally growing, potted or part of a maintained landscape, nor
shall it include unintentional poisoning of an animal due to the animal's
ingestion of bugs, reptiles, and other animals.
B.Â
It shall be unlawful for any person to feed an animal any controlled
substance without the authorization of a veterinarian, or to impair
the physical condition of an animal by nontherapeutic administration
of a drug or narcotic not legally permitted or licensed for the purpose
for which it is administered. This provision does not apply to animal
control officers or veterinarians in the performance of their duties.