[Adopted 8-4-2009 by Ord. No. 16-2009 (Ch. 106, Art. V,
of the 1990 Code)]
For the purpose of this article, the following terms shall have
the meaning set forth in this section. When not inconsistent with
the context, words used in the present tense include the future, words
in the plural number include the singular, words in the singular number
include the plural, and words in the male gender include the female
gender.[1]
Any person who provides food, water or shelter to or otherwise
cares for a cat.
Straight-line cutting of the tip of the left ear of a cat
by a licensed veterinarian while the cat is anesthetized.
A cat which is completely or substantially unsocialized to
humans. The usual and consistent temperament of a feral cat is extreme
fear and resistance to contact with humans. Feral cats are:
A group of cats that congregate together outside as a unit.
Although not every cat in a colony may be feral, any nonferal cats
who congregate with a colony shall be deemed part of it.
Disturbing the peace by:
Any person, fine, corporation, partnership, association,
trust, estate, or any other legal entity.
A not-for-profit entity or a collaboration of individuals
with at least one of its purposes being the adoption or placement
of cats in homes with humans to serve as companion animals.
An individual or organization which registers with the Mount
Olive Health Department, oversees the implementation of TNR in Mount
Olive, keeps track of caregivers and feral cat colonies, and works
to resolve feral cat nuisance complaints.
A cat who is regularly off the property of the owner, is
not under the physical control and restraint of the owner and is not
regularly provided with food by the owner.
Shelter that provides protection from rain, sun, and other
elements that is adequate to protect the health of the cat.
A cat who is socialized to humans and is appropriate as a
companion for humans.
Trap, neuter and return.
A program pursuant to which feral and stray cats are trapped,
neutered or spayed, vaccinated against rabies and returned to the
location where they congregate.
Mount Olive Township in the County of Morris.
[1]
Editor's Note: The former definition of "Animal Control Officer,"
which immediately followed this definition, was repealed 7-24-2018
by Ord. No. 21-2018.
Feral cat colonies shall be permitted, and caregivers shall
be entitled to maintain them in accordance with the terms and conditions
of this article.
The Mount Olive TNR Project, which is a subproject of the New
Jersey Animal Rights Alliance's Project TNR, is approved as sponsor.
Other persons and organizations may apply to the Health Department
to serve as colony TNR program sponsors ("sponsors"). Any person or
entity so applying shall comply with the requirements of this article.
Any person intending to undertake the responsibilities of sponsor
shall advise the Mount Olive Township Health Department in writing
and provide his/her/its address and telephone number.
It shall be the duty of the sponsor to:
A.
Obtain and maintain liability insurance for all TNR-related activities,
name Mount Olive Township as an additional insured, and agree in writing
to hold Mount Olive Township harmless against liability resulting
from the actions or failures to act of sponsors, trappers, and caregivers;
B.
Review and approve of colony caregivers;
C.
Help to resolve any complaints over the conduct of a colony caregiver
or of cats within a colony;
D.
Maintain records provided by colony caregivers on the size and location
of the colonies as well as the vaccination and spray/neuter records
of cats in the sponsor's colonies;
Caregivers shall:
A.
Register the feral cat colony with the sponsor;
B.
Take all reasonable steps to vaccinate the colony population for
rabies and update the vaccinations;
C.
Take all reasonable steps to get all cats in the colony population
spayed/neutered by a licensed veterinarian;
D.
Take all reasonable steps to have an electronic animal identification
device (EAID) inserted into each cat by a veterinarian in accordance
with professional medical standards. The sponsor shall be the named
contact for purposes of the EAID;
E.
Provide the sponsor with descriptions of each cat in the colony and
copies of documents evidencing that the cats have been vaccinated,
spayed/neutered, and ear tipped;
F.
Provide food, water and, if feasible, suitable shelter for colony
cats;
G.
Observe the colony cats and keep a record of any illnesses or unusual
behavior noticed in any colony cats;
H.
Obtain the approval of the owner of any property to which the caregiver
requires access to provide colony care;
I.
In the event that kittens are born to a colony cat, take steps to
remove the kittens from the colony after they have been weaned, and
place the kittens in homes, foster homes, or with animal shelters,
rescue organizations or veterinary offices for the purpose of subsequent
permanent placement;
J.
Report annually in writing to the sponsor on the status of the colony,
including data on the number and gender of all cats in the colony,
the number of cats who died or otherwise ceased being a part of the
colony during the year, the number of kittens born to colony cats
and their disposition, and the number of cats and kittens placed in
permanent homes as companion cats; and
K.
Obtain proper medical attention for any colony cat who appears to
require it.
B.
The sponsor shall obtain one colony license for all trapped, neutered
and returned cats at a single property. A physical description of
each cat on the property shall be provided, along with proof of rabies
vaccination and spay/neuter. The license fee shall not exceed $25
per year for each property.
The requirement of § 436-3 of the Code of Mount Olive Township, requiring a rabies certification tag to be affixed to a collar, shall not apply to feral cats which are cared for by persons or organizations approved by the sponsor to manage a feral cat colony in accordance with this article.
An Animal Control Officer who has trapped a cat whose left ear
has been tipped shall contact the sponsor so that the sponsor can
identify the cat and return the cat to the colony from which the cat
originated. If the officer does not know the appropriate colony and
the sponsor cannot identify the colony, the officer shall take the
ear-tipped cat to a shelter or holding facility and scan the cat for
an EAID. If an EAID is found which further identifies the cat or the
cat's colony, the officer shall contact the sponsor or other person
named as owner of the cat with this information.
The Township 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 above, after the caregiver and sponsor have
been given 60 days to remove and relocate the cat and have failed
to do so. The caregiver or sponsor must begin nuisance abatement procedures
within 48 hours after being notified of a nuisance by the Animal Control
Officer and must take all reasonable steps to resolve the nuisance
in as short a time period as possible, not to exceed 60 days.
C.
The right to seize or remove a colony of cats when the caregiver
regularly fails to comply with the requirements of this article and
the sponsor has not been able to obtain a replacement or substitute
caregiver within 30 days of the Township's notice to the sponsor of
the caregiver's failure to comply with this article. If one or more
cats are in imminent danger due to a caregiver's lack of compliance,
the sponsor shall replace the caregiver within 24 hours.
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 feral colony 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 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 Township
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.
To the extent any existing ordinance may conflict with any of
the terms of this article, this article shall control.
