As used in this article, the following terms shall have the
meanings indicated:
ANIMAL
Any live vertebrate creature including mammals, birds, reptiles,
amphibians and fish, but not humans.
ANIMAL CONTROL OFFICER or ACO
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 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
A.
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.
B.
Free-roaming cats cared for by community cat caregivers may
or may not be feral.
C.
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:
B.
Offspring of socialized or feral cats and not socialized; or
C.
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
A.
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.
B.
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
A.
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.
B.
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.
C.
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 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.
The City of Burlington shall have the following rights:
A. 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. 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. 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.