[Adopted 10-4-2012 by Ord. No. 06-12; amended in its entirety 12-6-2012 by Ord. No. 08-12]
The goal of this article is to control stray and feral cat populations within the Borough to the extent possible and discourage the unlawful feeding thereof.
For purposes of this article, the following terms, phrases, words and their derivations shall have the meanings stated herein. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
- The forsaking entirely of, or the refusal, neglectful or otherwise, to provide care and support for a domesticated cat.
- Any person who provides food, water or shelter to or otherwise cares for a cat and who agrees to facilitate the TNR program within the Borough.
- DOMESTICATED CAT
- A cat that is socialized to humans and is appropriate as a companion for humans.
- The straight-line cutting of the tip of the left ear of a cat while the cat is anesthetized.
- To give, place, expose, deposit, distribute, or scatter any edible material with the intention of feeding, attracting, or enticing.
- FERAL CAT
- A cat that exists in a wild or untamed state, either due to birth or reversion to a wild state from domestication. The usual and consistent temperament of a feral cat is extreme fear and resistance to contact with humans. Feral cats are completely or substantially unsocialized to humans.
- FERAL CAT COLONY
- A group of cats that congregates, more or less, together as a unit. Although not every cat in a colony may be feral, any nonferal cats that congregate with a colony shall be deemed to be a part of it.
- Any person, firm, corporation, company, partnership, association, trust, estate, or any other legal entity.
- An individual, corporation, company, partnership, firm, or association.
- STRAY CAT
- A cat this 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 its owner.
- Trap, neuter and return.
- TNR PROGRAM
- 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.
The owner of a domesticated cat shall provide appropriate and adequate food, water and shelter for said cat.
The owner of a domesticated cat shall exercise reasonable care to guard against the cat creating a nuisance.
The owner of a sexually intact (not spayed or neutered) domesticated cat shall not permit his/her cat to roam unsupervised.
An owner shall not abandon a domesticated cat.
Except as provided for in § 94-29, it shall be unlawful for any person to:
[Added 4-7-2016 by Ord. No. 01-16]
Definitions: When used herein, the following terms shall have the following meanings:
- ANIMAL CARE FACILITY
- An animal control center or animal shelter, maintained by or under contract with any state, county, or municipality, whose mission and practice is, in whole or significant part, the rescue and placement of animals in permanent homes or rescue organizations.
- ANIMAL RESCUE ORGANIZATION
- Any not-for-profit organization which has tax exempt status under Section 501(c)(3) of the United States Internal Revenue Code, whose mission and practice is, in whole or in significant part, the rescue and placement of animals in permanent homes.
- A member of the species of domestic cat, Felis catus.
- OFFER FOR SALE
- To sell, offer for sale or adoption, advertise for the sale of, barter, auction, give away or otherwise dispose of a dog or cat.
- PET SHOP
- A retail establishment where dogs and cats are sold, exchanged, bartered or offered for sale as pet animals to the general public at retail. Such definition shall not include an animal care facility or animal rescue organization, as defined.
Restrictions on the sale of animals.
Feral cat colonies shall be permitted in accordance with Borough-approved TNR programs, which shall include the following regulations:
All feral cat colonies must be registered.
Reasonable steps must be taken to vaccinate the colony population for rabies, and reasonable efforts must be made to update the vaccinations on cats that are recaptured.
Reasonable steps must be taken to spay or neuter as much of the colony population as possible.
Descriptions of each cat in the colony and copies of documents evidencing that the cats have been vaccinated and spayed/neutered must be provided to the Borough.
Food, water and, if feasible, shelter for colony cats must be provided to the extent feasible.
In the event that kittens are born to a colony cat, reasonable steps must be taken to effectuate the removal of the kittens from the colony after they have been weaned, and the placement of the kittens in homes or foster homes for the purpose of subsequent permanent placement.
Proper medical attention to any colony cat that appears to require it must be sought to the extent possible.
Eartipping of a colony cat that has been spayed or neutered and vaccinated shall be required.
An electronic animal identification device (EAID) shall be inserted into the cat by a veterinarian in accordance with professional medical standards.
This article shall be enforced by the Police Department and/or other Municipal Official of the Borough of Mount Ephraim.
[Amended 9-7-2017 by Ord. No. 10-17]
Any person who shall violate any of the provisions of this article shall, upon conviction, be subject to the penalty provisions contained in Chapter 305, Penalties.
In addition to any fines provided pursuant to § 94-31 of this article, any person found keeping, maintaining, caring for, feeding, or in any way attracting or harboring any stray or feral cat in violation of any of the provisions of this article shall, upon conviction, be responsible for any costs incurred by the Borough of Mount Ephraim to capture, collect, or otherwise impound such cat.