Notwithstanding anything to the contrary in this chapter, this
article is intended to govern all matters which relate to the management
of domesticated cats and feral cats. For the purposes of this article,
the following terms shall have the meanings 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.
ABANDONED
An owner or caregiver has forsaken a domesticated cat entirely,
or has neglected or refused to provide care and support to the cat.
ANIMAL CONTROL OFFICER
Any person employed or appointed by the Borough of Seaside
Heights 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.
ANIMAL COORDINATOR
The person or organization designated annually by the Animal
Control Officer or, in cases where a contract will be executed, appointed
annually by the Mayor with the advice and consent of Borough Council,
to maintain records of feral cats, to recommend caregivers and to
do such duties as specified in this chapter.
CAREGIVER
A volunteer, uncompensated person who agrees to serve to
facilitate the TNR program within the Borough, including the provision
of food, water or suitable shelter or to otherwise care for a cat
or cats, in accordance with this chapter and any rules and regulations
that may be established by the Borough Administrator and Animal Control
Officer. A caregiver shall not be deemed an employee of the Borough
and shall hold such volunteer position at the pleasure of the Borough
Administrator or Animal Control Officer and may be removed from or
precluded from holding such volunteer position in the sole discretion
of the Borough Administrator or Animal Control Officer in light of
concerns regarding public health, animal safety and sensitivity to
the rights of residents, property owners and visitors.
CAT
Any member of the domestic feline species: male, female or
altered.
CAT OF LICENSING AGE
Any cat which has attained the age of six months, or which
possesses a set of permanent teeth.
CATTERY
Any room or group of rooms, cage or exhibition pen, not part
of kennel, wherein cats for sale are kept or displayed.
DOMESTICATED CAT
A cat that is socialized to humans and is appropriate as
a companion for humans.
EARMARKED
A tagged, notched or tipped left ear as performed by a licensed
veterinarian.
FERAL CAT
Any cat that is not licensed in accordance with this chapter
and is free roaming as part of an identifiable colony of such cats,
which may consist of several cats or a single cat. Typically, a feral
cat is a cat that is not socialized to humans and is not appropriate
as a companion for 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.
FREE-ROAMING CAT
A cat that is regularly off the property of the owner and
is not under the physical control and restraint of the owner.
NEUTERED
Rendered permanently incapable of reproduction as certified
by a licensed veterinarian.
NUISANCE
Includes, but not be limited to, the following:
A.
Disturbing the peace by habitually or continually howling, crying,
caterwauling, or screaming by a cat or cats;
B.
Spraying or leaving feces unburied or buried on private property
by a cat or cats without permission of the owner of the property;
C.
Fighting by a cat or cats;
D.
The desecration or soiling of personal and/or real property
by a cat or cats without permission of the owner of the property;
E.
Endangering the life or health of other animals or persons;
F.
Interfering with the rights of citizens, other than their owners,
to enjoyment of life or property;
G.
Damaging the property of anyone other than their owner's property;
H.
Entering the property of anyone other than their owner's property;
I.
Killing or maiming domestic animals or wildlife;
J.
Fouling the air with odor and thereby causing unreasonable annoyance
or discomfort to neighbors or others near to the premises where the
cat or cats are kept or harbored;
K.
Causing unsanitary conditions in enclosures or surroundings
where the cat or cats are kept or harbored;
L.
Becoming offensive or dangerous to the public health, welfare
or safety by virtue of the number and/or types of cats maintained
in light of the nature and the size of the property on which they
are maintained.
OWNER
When applied to the proprietorship of a cat, shall include
any person, firm, corporation, partnership, association, trust, estate,
or any other legal entity having a right of property (or custody)
in such cat and every person who has such cat in his/her keeping,
or who harbors or maintains a cat or knowingly permits a cat to remain
on or about any premises occupied by that person. A caregiver, however,
shall not be considered an owner.
RESCUE GROUP
A for-profit or 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.
SUITABLE SHELTER
Shelter that provides protection from rain, sun, and other
elements that is adequate to protect the health of the cat.
ZOONOTIC DISEASE
Those diseases transmittable to humans from animals, including
parasitic, bacterial, fungal and viral diseases.
Earmarking will be used on feral cats in order to be identified
as a spayed or neutered and vaccinated member of a managed colony.
The Borough Administrator and Animal Control Officer shall have
the authority to adopt further rules and regulations applicable to
the TNR program to the extent that the same are consistent with and
do not modify the provisions of this article.
Any person who violates any one or more provisions of this chapter
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
violation or violations are not corrected. A separate offense shall
be deemed committed on each day during or on which a violation occurs
or continues.
Not later than December 31, 2018, the Borough of Seaside Heights
shall study the effectiveness of the TNR program and review the continuance
of this chapter.