Article VIII Feral/Community

[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.

ANIMAL RESCUE ORGANIZATION

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.

ANIMAL RESCUE ORGANIZATION FACILITY

The home or other facility in which an animal rescue organization houses and cares for an animal.

ANIMAL SHELTER

Any establishment where dogs, cats or other animals are received, housed and distributed, but not a pet store.

AT LARGE

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.

CAT

A member of the species Felis catus.

CAT OF LICENSING AGE

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.

COMMUNITY CAT

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.

COMMUNITY CAT CAREGIVER

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:

(1)

Neuters, vaccinates for rabies, ear tips and returns one or more community cats;

(2)

Provides care, including food, shelter or medical care to the cat; or

(3)

Has temporary custody of the cat.

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.

COMMUNITY CAT COLONY

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.

EARTIPPING

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.

FERAL CAT

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:

Born in the wild;

Offspring of socialized or feral cats and not socialized; or

Formerly socialized cats that have been abandoned and have reverted to an unsocialized state.

HARBOR

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.

MICROCHIP

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.

MUNICIPALITY

The City of Burlington, County of Burlington, State of New Jersey.

NEUTER

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.

NUISANCE

Disturbing the peace by:

(1)

Habitual or continuous howling, barking, crying or screaming;

(2)

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;

(3)

Habitually chasing motor vehicles or other vehicles;

(4)

Habitually chasing or otherwise molesting passersby; or

(5)

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.

OWNER

Any person, household, firm, corporation, or other organization who:

(1)

Possesses, harbors, keeps, has control of, a legal title to, a property interest in, or permanent custody of any animal regulated by this article; or

(2)

For three days or more has temporary custody of, keeps, possesses, or exercises control over any animal.

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.

POUND

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.

SHELTER

Any establishment where dogs or other animals are received, housed and distributed.

SPONSOR

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.

STRAY

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.

TNR

Trap-neuter-return.

TNR PROGRAM

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.

TRAP/HUMANE TRAP

Any trap used to capture stray dogs or cats that is constructed so that it does not harm the animal.

VETERINARIAN

An individual who is licensed to engage in the practice of veterinary medicine in the State of New Jersey.

§ 84-61 General Provisions.

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.

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.

Community cat colonies shall be permitted, and caregivers shall be entitled to maintain them, in accordance with the terms and conditions of this article.

§ 84-62 Community cat management initiatives, TNR program.

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.

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.

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)

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)

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)

Location of community cat colonies. All managed community cat colonies must be maintained in compliance with trespassing and property laws.

(4)

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.

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)

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)

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)

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)

Community cat caregivers shall make reasonable attempts to remove young kittens from the field for domestication.

(5)

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)

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.

§ 84-63 Trapping of cats by noncommunity cat caregivers.

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.

Any person who is found to be in violation of the provisions of this section shall be subject to the fines and penalties recited in § 84-59 of the Code of the City of Burlington entitled "Violations and penalties."

§ 84-64 Disposition of ear-tipped community cats.

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.

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.

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)

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)

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.

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.

Resolution of complaints; procedures.

(1)

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)

Factors to be considered during the nuisance abatement process shall include:

(a)

Recognition of the value of wildlife;

(b)

Recognition of the value of TNR in managing community cat colonies;

(c)

The availability of devices and strategies to minimize nuisance behavior by community cats that may have caused the complaint.

§ 84-65 Enforcement of community cat management initiative/TNR program.

The City of Burlington shall have the following rights:

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.

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.

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.

§ 84-66 Trapping requirements.

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)

Traps shall not be left unattended for more than two hours;

(2)

Traps shall not be left/set overnight unless traps are checked at least every two hours;

(3)

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)

Traps utilized to capture dogs or cats shall be humane traps; and

(5)

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.

§ 84-67 Trap to euthanize.

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.

§ 84-68 Animals at large prohibited.

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.

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.

§ 84-69 Abandonment of animal.

No person may desert or abandon any animal at any public or private location.

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.

§ 84-70 Unlicensed dog or cat presumed unvaccinated.

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.

Exception. A community cat that has been ear-tipped is presumed to have been vaccinated against rabies at least once.

§ 84-71 Animal control officer; animal at large.

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.

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.

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.

§ 84-72 Attempts to identify animal through microchip.

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.

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.

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.

§ 84-73 Notice to owner or caregiver of impoundment.

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.

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.

§ 84-74 Controlling poisonous substances.

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.

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.