[Adopted 11-14-2016 by Ord. No. 2016-23C]
The purpose of this article is to permit the implementation
of a trap-neuter-return (TNR) program in Beach Haven, New Jersey,
for the purpose of reducing the population of feral cats, benefiting
public health, improving the quality of life for residents, and ensuring
the humane treatment of feral cats.
As used in this article, the following terms shall have the
meanings indicated:
Any agency or person, including an animal control officer,
authorized by law to implement animal control laws and provide animal
care and control on behalf of the municipality.
Any charitable corporation whose purpose includes promotion
of animal welfare and that has been granted 501(c)(3) nonprofit status
by the Internal Revenue Service.
Any person who regularly provides food and water to a feral
cat colony.
A means of identifying a feral or stray cat by a notched
or tipped left ear as performed by a licensed veterinarian.
A cat that is not socialized to humans and is not an owned
cat.
A group of feral or stray cats that congregate, more or less,
together as a unit and share a common food source.
A household in which a cat or kitten is temporarily placed
for the purpose of providing indoor shelter, care, and, if necessary,
socialization before permanent placement in an adoptive home.
Conduct by feral or stray cats that disturb the peace, including
habitually or continually howling or making loud noises and habitually
and significantly destroying property.
A cat that is a companion to a person, is regularly fed and
sheltered in that same person's habitation and carries visible
indicia of ownership, including a collar or tag.
A structure that provides feral and stray cats with protection
from cold, rain, and other weather-related elements.
Any animal welfare organization that agrees to comply with
the requirements of sponsorship set forth in this article.
A cat that is socialized to humans and is not an owned cat.
The method of managing feral and stray cats known as "trap-neuter-release
program."
A program pursuant to which feral and stray cats are trapped,
sterilized, vaccinated against rabies, eartipped, returned to the
location where they were captured, and provided with long-term care
by a caretaker in accordance with this article.
A.
A TNR program shall be permitted, and caretakers shall be entitled
to maintain feral cat colonies in accordance with the terms and conditions
of this article.
B.
Sponsorship of TNR program. Friends of Southern Ocean County Animal
Shelter, Inc., agrees to comply with the requirements of this article,
shall act as a sponsor of the TNR program and also shall provide the
municipality with a written letter of intention containing its address,
telephone number, and electronic mailing address.
C.
Sponsor requirements. It shall be the duty of a sponsor to:
(1)
Review and approve of colony caregivers. Sponsors may only grant
approval of a colony caregiver if:
(a)
A waiver of liability has been executed by the colony caregiver,
on a form approved by the Borough, which shall be filed with the Borough
Clerk; and
(b)
The caregiver has successfully completed the certification and
training program conducted by the New Jersey Animal Rights Alliance,
or other certified instructor.
(2)
Help to resolve any complaints over the conduct of a colony caregiver
or of cats within a colony; and
(3)
Maintain records provided by colony caregivers on the size and location
of the colonies, as well as the vaccination and spay/neuter records
of cats in the sponsor's colonies; and
(4)
Report annually to the Borough on the following:
(a)
Number of known colonies in the Borough that are registered
with the sponsor; and
(b)
Total number of cats in colonies in the Borough that are registered
with the sponsor; and
(c)
Number of cats sterilized and vaccinated pursuant to the TNR
program in the past year; and
(d)
Number of cats and kittens removed for purposes of foster or
adoptive placement in the past year.
(5)
Use due consideration to avoid the harming of rare, threatened or
endangered species under the Endangered and Nongame Species Conservation
Act, N.J.S.A. 23:2A-1 et seq.
D.
Caretaker requirements. It shall be the responsibility of a caretaker
to:
(1)
Make reasonable efforts to work with the sponsor to trap all cats
in a colony and have all trapped cats sterilized, vaccinated against
rabies, microchipped, and eartipped by a licensed veterinarian; and
(2)
Provide or arrange for the provision of adequate food and water on
a regular basis and make reasonable efforts to ensure adequate shelter
for colony cats; and
(3)
Make reasonable efforts to trap and obtain proper medical attention
for any colony cat that appears to require it; and
(4)
In the event kittens are born to a colony cat, the caregiver shall
take reasonable steps likely to result in the removal of 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;
and
(5)
Make reasonable efforts to work with the sponsor to resolve any complaints
over colony cats managed by the caretaker; and
(6)
Obtain proper medical attention to any colony cat that appears to
require it.
E.
Disposition of colony cats. An animal control service that has trapped
or received an eartipped cat from within the municipality can immediately
return that cat to the sponsor or caregiver colony versus impounding
the cat at the shelter.
The Borough shall have the following rights:
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; and
B.
The right to seize or remove a cat from a colony that is creating
a nuisance, as defined above, and the caregiver and sponsor have been
given 30 days to remove and relocate the cat and have failed to do
so; and
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 60 days of the Borough's notice to the sponsor
of the caregiver's failure to comply with this article; and
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.
Any person who violates any one or more provisions of this article
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.
