[Adopted 10-11-2017 by Ord. No. MC 3628]
The purpose of this article is to permit the implementation
of a Trap-Neuter-Return (TNR) program in Irvington Township to reduce
the population of feral cats, benefitting public health, improving
the quality of life for residents, and ensuring the humane treatment
of feral cats.
For the purpose of this article, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this article clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular, words used in the singular number include
the plural number, and words in the male gender include the female
gender. The word "shall" is always mandatory and not merely directory.
To forsake a cat entirely or neglect to provide appropriate
care and support for a cat.
Any person employed or appointed 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 the Township
Code.
Any person who provides food, water or shelter to or otherwise
cares for a cat, and who has been appropriately trained as a caregiver.
Hours during the day after dusk until dawn.
A cat that is a companion to a person, is regularly fed and
sheltered in that same person's habitation and carries visible indicia
or ownership, including a collar or tag.
Straight-line cutting of the tip of the left ear of a cat
by a licensed veterinarian while the cat is anesthetized.
A cat that is completely or substantially unsocialized to
humans and is not an owned or licensed cat.
A group of feral or stray cats that congregate together outside
as a unit and share a common food source.
Conduct by feral or stray cats that disturb the peace or
causes any condition that threatens or endangers the health, safety,
or well-being of persons or other animals, including but not limited
to:
Habitually or continually howling, crying or screaming;
Molesting or interfering with persons in the public right-of-way;
The habitual and significant destruction, desecration or soiling
of property against the wishes of the owner of the property; or
Attacking or injuring persons or domestic animals.
A cat that is socialized to humans and is not an owned cat.
A structure that provides feral and stray cats with protection
from the sun, cold, rain and other weather-related elements to protect
the health of the cats.
The method of managing feral and stray cats known as "trap,
neuter and return."
A municipal program pursuant to which feral and stray cats
are trapped, neutered or spayed, vaccinated against rabies, ear-tipped,
and returned to the location where they were captured or congregate
by a caretaker in accordance with this article.
Township of Irvington in the County of Essex, New Jersey,
or any agent acting on behalf of the Township of Irvington.
A.Â
The owner of a cat shall not under any circumstances abandon a domesticated
cat. Affirmatively placing a cat at the location of a feral cat colony
on property belonging to another individual or entity shall be considered
abandonment.
B.Â
Engaging in trap-neuter-return of feral cats in a manner consistent
with the terms of this article shall not be considered abandonment.
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.
It shall be the responsibility of a caretaker to:
A.Â
Make reasonable efforts to trap all cats in a registered colony and
have all trapped cats neutered or spayed, vaccinated against rabies
and ear-tipped by a licensed veterinarian, as deemed medically necessary;
B.Â
Keep and maintain vaccination, neuter/spay, and medical records for
all trapped cats and provide the Township with copies of vaccination
and neuter/spay records for all trapped cats upon request;
C.Â
Provide adequate food and water on a regular basis to colony cats
and make reasonable efforts to ensure suitable shelter for colony
cats;
D.Â
Obtain proper medical attention for any colony cat that appears to
require it;
E.Â
Make reasonable efforts to remove and place stray cats and kittens
born to colony cats after they have been weaned in homes, foster homes,
or with animal shelters, rescue organizations or veterinary offices
for the purpose of subsequent permanent placement;
F.Â
Make reasonable efforts to work with the Irvington Health Department
via the Animal Control Officer(s) to resolve any complaints over the
conduct of the caretaker or of colony cats managed by the caretaker.
A.Â
Caretakers are required to feed the cats in their colonies as part
of properly managing the colonies. As part of this requirement, caretakers
must:
(1)Â
Feed only during daylight hours;
(2)Â
Feed only the amount of food required by the cats in the colony;
(3)Â
Leave food out for a maximum of one hour per feeding, no more than
twice per day, which shall mean removing all food dishes after each
one-hour feeding;
(4)Â
A bowl or similar small container with fresh water may be left out
at all times; and
(5)Â
Feeding must take place in the location least likely to cause a nuisance
to tenants, neighbors, customers, and the general public.
B.Â
It shall be unlawful to feed feral cats who are not spayed/neutered,
ear-tipped and vaccinated in accordance with this article, unless
the caregiver is in the process of trying to trap the cats for spay/neuter,
ear-tipping and vaccination. Animal Control Officer(s) shall be empowered
to give a warning notice to any individual feeding one or more feral
cats not spayed/neutered, ear-tipped and vaccinated in accordance
with this article. The warning notice shall require the individual
to contact the Animal Control Officer(s) within 15 days to obtain
assistance in getting the cat(s) spayed/neutered, ear-tipped and vaccinated
in order to be brought into compliance with this article. Failure
to make such contact within 15 days and cooperate with the Animal
Control Officer(s) in meeting the requirements of this section will
subject the violator to a maximum fine of $100 per cat, per offense.
If an Animal Control Officer determines that an ear-tipped feral
colony cat is causing a nuisance as defined by this article, or state
law, the caretaker must begin nuisance abatement procedures within
48 hours after being notified of a nuisance by the Township and must
take all reasonable steps to resolve the nuisance in as short a time
period as possible, not to exceed 30 days.
An Animal Control Officer that has trapped or received an ear-tipped
cat from within the municipality shall take reasonable steps to notify
the caretaker of the description and gender of the cat and of the
address or location where the cat was captured. The caretaker shall
have up to three business days to arrange for the cat to be retrieved
from the temporary animal holding facility identified by the Animal
Control Officer.
A.Â
The Township and/or Animal Control Officer retain the right to:
(1)Â
Seize or remove any cat from a colony that is demonstrating signs
of rabies and is not up to date with rabies vaccinations.
(2)Â
Investigate any nuisance complaint allegedly caused by a feral or
stray cat or feral cat colony.
(3)Â
Seize or remove a cat from a colony creating a nuisance as defined
by this article or state law, after the caretaker has been given 30
days to abate the nuisance or remove the cat and has failed to do
so.
(4)Â
Seize and remove a registered feral cat colony if the caretaker regularly
fails to comply with the requirements of this article and does not
correct the situation within 30 days of being given written notice
by the Township delineating the caretaker's failures with specificity.
B.Â
The requirements of this section notwithstanding, Animal Control
Officer(s) may investigate any nuisance complaint. If an Animal Control
Officer determines that an ear-tipped feral colony cat is causing
a nuisance as defined by this article and the caretaker fails to resolve
the nuisance or remove the cat within 30 days, the Animal Control
Officer may remove the cat. If an Animal Control Officer reasonably
determines that a cat is injured or poses a significant threat to
public health, the Officer may reduce the time that the caretaker
has to resolve the complaint, as necessary to protect the cat and
public health, before taking further action. In the case of an emergency,
the Animal Control Officer or a law enforcement officer may remove
the cat, but within 24 hours the Township must provide the caretaker
with notice of the cat's whereabouts and allow the caretaker an opportunity
to retrieve the cat for treatment, return, or relocation.
A.Â
It shall be unlawful for any individual to trap a cat other than
for the purpose of complying with the requirements of the article.
Individuals may not trap cats for the purpose of euthanizing the cats
or surrendering the cats for impoundment. The Township reserves the
right to collect a deposit on all traps loaned to caretakers as part
of this program, in accordance with rental procedures established
by the Department of Health.
