[Adopted 3-28-2016 by Ord. No. 16-018]
[Amended 11-19-2018 by Ord. No. 18-037]
The purpose of this article is to establish an ordinance to create a Trap-Neuter-Return Program within the Township of Manchester for cats. The Township of Manchester, like many other communities throughout the State of New Jersey, has an obligation to effectively and humanely control the feral cat populations within its borders. The Township believes it is in the interest of the health, safety, and welfare of the citizens of Manchester to institute a Trap-Neuter-Return Program (TNR), in an effort to reduce the feral cat population over time without the necessity of wholesale capture and euthanization.
For the purpose of this article, the following terms, phrases, words and their derivations shall have the meanings stated herein:
ANIMAL CONTROL OFFICER (ACO)
The person employed by the Township who is authorized to investigate violations of laws and regulations concerning animals and to issue citations in accordance with New Jersey law and this Code.
CAREGIVER
A volunteer, uncompensated person who agrees to serve to facilitate the TNR Program with the Township in accordance with this article and any rules and regulations that may be established by Township Council by resolution. A caregiver shall not be deemed an employee of the Township.
EARTIPPING
The marking of a cat's ear through a surgical procedure performed by qualified personnel.
ELECTRONIC ANIMAL IDENTIFICATION DEVICE (EAID)
An electronic chip inserted into the cat by a veterinarian in accordance with professional medical standards.
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.
TRAP-NEUTER-RETURN PROGRAM/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.
Caregivers are responsible for the following:
A. 
Registering the feral cat colony with the Township of Manchester Animal Control Officer.
B. 
Taking steps that are reasonably likely to result in the vaccinations of the colony population for rabies, and making reasonable efforts to update the vaccinations on cats that can be recaptured.
C. 
Taking steps that are reasonably likely to result in the spay/neuter of 100% of a colony population. Procedures are to be done by a licensed veterinarian.
D. 
Providing the description of each cat in the colony and copies of documents evidencing that the cats have been vaccinated and spayed/neutered.
E. 
Providing food, water and, if feasible, shelter for colony cats.
F. 
Observing the colony cats at least twice per week and keeping a record and reporting to the Animal Control Officer any illness or unusual behavior noticed in any colony cats.
G. 
Obtaining the approval of the owner of any property to which the caregiver requires access to provide colony care.
H. 
In the event that kittens are born to a colony cat, the caregiver shall take reasonable steps likely to result in 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.
I. 
Obtaining proper medical attention to any colony cat that appears to require it.
A. 
The left ear of a colony cat that has been spayed or neutered and vaccinated shall be earmarked.
B. 
If possible, an electronic animal identification device (EAID) shall be inserted into the cat by a licensed veterinarian, in accordance with professional medical standards.
A. 
An Animal Control Officer who has trapped a cat whose left ear has been earmarked, or which bears some other distinguishing mark indicating that it belongs to a feral cat colony, shall scan the cat for an EAID. If an EAID is found, the officer shall be responsible for contacting the sponsor or other person named as owner of the cat.
B. 
If the owner or sponsor is not able to immediately take custody of the cat, the officer shall return the cat to the appropriate colony.
C. 
If the cat does not have an EAID and the cat is obviously a domestic cat, then the Animal Control Officer shall arrange for care for the cat until the owner is located and may determine the disposition of the cat in those circumstances where the domestic cat's owner cannot be located.
The Township may establish a fund or provide services to offset the costs of trapping, neutering, and vaccinating captured feral cats that can be returned to an appropriate, controlled, protected and registered colony site.
No feral cat colonies shall be permitted to be established in any area designated by state or federal agencies as areas reserved for protected or endangered species of birds.
The Township shall have the following rights and authority:
A. 
The right to seize or remove cats from a colony that 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 that is creating a nuisance, as defined above, and the caregiver has been given 30 days to remove and relocate the cat and has failed to do so.
C. 
The right to seize or remove a colony of cats when the caregiver regularly fails to comply with the requirements of this Chapter 101, Article V, and the Animal Control Officer has not been able to obtain a replacement or substitute caregiver within 60 days of the Township's notice of the caregiver's failure to comply with this article.
D. 
The right to seize or remove cats from a colony if it is determined that there is a public health threat, including, but not limited to, zoonotic diseases, feline FIV or leukemia.
E. 
The Township Council shall have the authority to adopt by resolution further rules and regulations applicable to the TNR Program that are consistent with this article.
The requirements of this article notwithstanding, Animal Control Officers and police officers may investigate any nuisance complaint.
[1]
Editor’s Note: Former § 101-50, Sunset provision, was repealed 11-19-2018 by Ord. No. 18-037. This local law also renumbered former §§ 101-51 and 101-52 as §§ 101-50 and 101-51, respectively.
Any person who violates any one or more provisions of this Chapter 101, Article V, shall be subject to a fine of not more than $500 for each separate offense and/or confinement in the Ocean County jail for a period of not more than 90 days. In the case of a continuing violation or violations, a fine of not more than $500 may be assessed for each day that said violations are not corrected. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.