[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.
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.
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.
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.
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.
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.
A.
The owner of a domesticated cat shall provide appropriate and adequate
food, water and shelter for said cat.
B.
The owner of a domesticated cat shall exercise reasonable care to
guard against the cat creating a nuisance.
C.
The owner of a sexually intact (not spayed or neutered) domesticated
cat shall not permit his/her cat to roam unsupervised.
D.
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]
A.
ANIMAL CARE FACILITY
ANIMAL RESCUE ORGANIZATION
CAT
OFFER FOR SALE
PET SHOP
Definitions: When used herein, the following terms shall have the
following meanings:
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.
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.
To sell, offer for sale or adoption, advertise for the sale
of, barter, auction, give away or otherwise dispose of a dog or cat.
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.
B.
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:
A.
All feral cat colonies must be registered.
B.
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.
C.
Reasonable steps must be taken to spay or neuter as much of the colony
population as possible.
D.
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.
E.
Food, water and, if feasible, shelter for colony cats must be provided
to the extent feasible.
F.
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.
G.
Proper medical attention to any colony cat that appears to require
it must be sought to the extent possible.
H.
Eartipping of a colony cat that has been spayed or neutered and vaccinated
shall be required.
I.
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.
