Editor's Note: See Chapter XI, Health, Section 11-10 for prohibitions on feeding wildlife.
[1973 Code § 7-1; Ord. No. 23-1986; Ord. No. 21-2005 § II;
New]
As used in this chapter:
shall mean any person or agency authorized by the Township
of Aberdeen to provide animal control services.
shall mean any member of the domestic feline species, male,
female or altered.
shall mean any cat which has attained the age of seven months
or which possesses a permanent set of teeth.
shall mean any dog, bitch or spayed bitch.
shall mean any dog which has attained the age of seven (7)
months or which possesses a set of permanent teeth.
shall mean that the pet solid waste is removed at once, without
delay.
shall mean any establishment wherein or whereon the business
of boarding or selling dogs or breeding dogs for sale is carried on,
except a pet shop.
shall mean the agency or department of the Township of Aberdeen,
or any designated representative thereof, charged with administering
the issuance and/or revocation of permits and licenses under the provisions
of this chapter.
shall mean a cat, dog or other animal which has been rendered
permanently incapable of reproduction as certified by a licensed veterinarian.
when applied to the proprietorship of a dog or a cat or other
animal, shall mean and include every person having a right of property
in such dog or cat or animal and every person who has such dog or
cat or animal in his or her care, custody or control, or who knowingly
permits a cat to remain on or about any premises occupied by that
person.
shall mean any person who shall possess, maintain, house
or harbor any pet or otherwise have custody of any pet, whether or
not the owner of such pet.
shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
shall mean a domesticated animal (other than a disability
assistance animal) kept for amusement or companionship.
shall mean any place of business which is not part of a kennel,
wherein animals, including, but not limited to, dogs, cats, birds,
fish, reptiles, rabbits, hamsters or gerbils, are kept or displayed
chiefly for the purpose of sale to individuals for personal appreciation
and companionship rather than for business or research purposes.
shall mean waste matter expelled from the bowels of the pet;
excrement.
shall mean, but is not limited to, any dog or dog hybrid
declared to be potentially dangerous and/or vicious by a Municipal
Court pursuant to N.J.S.A. 4:19-23.
shall mean an establishment for the confinement of animals,
including but not limited to dogs or cats, seized either under the
provisions of this act or otherwise.
shall mean placement in a designated waste receptacle, or
other suitable container, and discarded in a refuse container which
is regularly emptied by the municipality or some other refuse collector;
or disposal into a system designed to convey domestic sewage for proper
treatment and disposal.
shall mean any establishment where dogs or cats are received,
housed and distributed.
shall mean any dog or hybrid declared vicious by a Municipal
Court pursuant to N.J.S.A. 4:19-22.
[1973 Code § 7-2.1; Ord. No. 23-1986]
a.
Any dog or cat owned in New Jersey and duly licensed for the current
licensing year and bearing the proper registration tag for a New Jersey
municipality shall be exempt from the licensing and tag provisions
of this subsection.
b.
Any person who shall bring or cause to be brought into the Township
of Aberdeen any dog or cat licensed in a State other than New Jersey
for the current licensing year and who keeps the dog or cat in the
Township for a period of more than ninety (90) days shall immediately
apply for a license and registration tag for the dog or cat.
c.
Any person who shall bring or cause to be brought into the Township
any unlicensed dog or cat and who keeps the dog or cat in the Township
for a period of more than ten (10) days shall immediately apply for
a license and registration tag for the dog or cat.
d.
The owner or keeper of any newly acquired dog or cat of licensing
age, or of any dog or cat which attains licensing age, shall apply
to the Township for a license and registration tag for such dog or
cat within ten (10) days after such acquisition or age attainment.
[1973 Code § 7-2.2; Ord. No. 23-1986; New]
a.
Any person who shall own, keep or harbor a dog or cat of licensing
age in the Township shall in the month of January in each year apply
for and procure from the Township Clerk a license and official metal
registration tag for each such dog or cat owned, kept or harbored,
and shall place upon each such dog or cat a collar or harness with
the registration tag securely fastened to it.
No license to own, keep or harbor a dog or cat shall be issued
to a minor.
b.
The application form furnished by the Township shall be signed by the owner or keeper of the dog or cat and shall state the breed, sex, age, color and markings of the dog or cat for which the license and registration are sought, and whether the dog is of a long-haired or short-haired variety, and also the name, street and post office address of the owner and the person who shall keep or harbor such dog or cat. At the time of making application, the applicant shall submit to the Township a written certificate showing rabies inoculation in accordance with Section 5-3 of this chapter.
[1973 Code § 7-2.3; Ord. No. 23-1986; Ord. No. 20-2007 §§ II,
III]
a.
A person applying for a license for a non-potentially dangerous dog
shall pay to the Township the sum of twelve ($12.00) dollars for the
licensing of each such dog and the additional sum fixed by N.J.S.A.
4:19-15.3 for the registration tag of each dog. An additional fee
of five ($5.00) dollars per dog shall be assessed against dog owners
who license their dogs after January 31 of each year. There shall
be a charge of one ($1.00) dollar for the replacement of a registration
tag during any current licensing year.
b.
A person applying for a potentially dangerous dog license shall pay
to the Township the sum of seven hundred ($700.00) dollars for the
licensing of each dog, pursuant to N.J.S.A. 4:19-31, as well as the
additional sums fixed under N.J.S.A. 4:19-15.3. The fees collected
under this provision shall be deposited in a special account as required
by N.J.S.A. 4:19-35, to be used by the Township of Aberdeen to administer
and enforce the provisions of N.J.S.A. 4:19-17 through 37, which govern
the regulation of potentially dangerous or vicious dogs.
c.
Dogs used as guides for blind persons and commonly known as seeing-eye
dogs, dogs used to assist handicapped persons or which are commonly
known as service dogs, or dogs used to assist deaf persons and commonly
known as hearing-ear dogs shall be licensed and registered as other
dogs hereinabove provided for, except that the owner or keeper of
such dog shall not be required to pay any fee, as per the provisions
of N.J.S.A. 4:19-15.31.
d.
A person applying for a cat license shall pay to the Township the
sum of twelve ($12.00) dollars for the licensing of each such cat,
and any additional sums as fixed by State law. An additional fee of
five ($5.00) dollars per cat shall be assessed against cat owners
who license their cats after January 31 of each year. There shall
also be a charge of one ($1.00) dollar for the replacement of a registration
tag during any current licensing year.
e.
There shall also be an additional fee of three ($3.00) dollars for
any dog or cat of reproductive age which has not had its reproductive
capacity neutered.
[1973 Code § 7-2.4; Ord. No. 23-1986]
The license year shall run from January 1 of the year of issuance
to December 31 of the same year.
[1973 Code § 7-3.1; Ord. No. 23-1986]
No person shall own, harbor or keep any cat or dog within the
Township which is not inoculated against rabies. The inoculation shall
be made by a duly licensed veterinarian. The vaccine used must be
of a type approved by the United States government agency responsible
for licensing manufacturers of veterinary biologicals. Each cat or
dog shall be inoculated against rabies once each year unless the veterinarian's
certificate indicates a longer period of effectiveness.
[1973 Code § 7-3.2; Ord. No. 23-1986]
Any person who shall own, keep or harbor a cat or dog within
the Township shall procure and possess a veterinarian's certificate
indicating that the cat or dog has been inoculated against rabies
and setting forth the date of the inoculation. The certificate shall
be produced upon the request of any Township Health Official, member
of the Township Police Department, or Township Animal Control Officer.
[1973 Code § 7-3.3; Ord. No. 23-1986]
Proof of inoculation shall be required prior to issuance of
a cat or dog license.
[1973 Code § 7-7.1; Ord. No. 23-1986; Ord. No. 27-1992]
Whenever it becomes necessary to safeguard the public from the
danger of rabies, the Township Manager, if he or she deems it necessary,
shall issue a notice ordering every person owning or keeping a cat
or dog to confine it securely on his or her premises unless such cat
or dog shall have a muzzle of sufficient strength to prevent its biting
any person. Any unmuzzled cat or dog running at large during the time
of the proclamation shall be seized and impounded unless noticeably
infected with rabies.
[1973 Code § 7-7.2; Ord. No. 23-1986; Ord. No. 27-1992]
a.
All dogs or cats so noticeably infected with rabies, or displaying
vicious propensities, shall be killed by the Animal Control Officer
or other authorized persons, without notice to the owner. The owner
shall be notified of such killing within three (3) days as to the
reason for the killing.
b.
Dogs and cats impounded during the first two (2) days of a proclamation issued under subsection 5-4.1 of this chapter, shall, if claimed within five (5) days, be released to the owner unless infected with rabies, upon payment of the impounding charges provided for in this chapter. If unclaimed after that period, such dog or cat may be summarily destroyed.
[1973 Code § 7-7.3; Ord. No. 23-1986; Ord. No. 27-1992]
The following rules shall apply:
a.
The owner or person in charge of a dog, cat or other animal known
or suspected of being bitten by an animal known or suspected of being
affected by rabies shall kill the animal or confine it for a period
of not less than six (6) months.
b.
It shall be unlawful for any person knowing or suspecting a dog or
cat has rabies to allow such dog or cat to be taken off his or her
premises, or beyond the limits of the Township, without the written
permission of the Animal Control Officer, a Policeman or other authorized
persons. Every owner, or other person, upon ascertaining a cat or
dog is rabid shall immediately notify the Animal Control Officer,
a Policeman or any other authorized persons, who shall either remove
the cat or dog to the pound or summarily destroy it.
c.
The owner or person in charge of any dog, cat or other animal which
has attacked or bitten a person shall confine the animal, at the expense
of the owner or person in charge of it, upon the premises of the owner
or person in charge or at some other place designated in the notice,
for at least ten (10) days after the animal has attacked or bitten
a person.
[1973 Code § 7-4.1; Ord. No. 23-1986; Ord. No. 27-1992]
It shall be the duty of the Chief of Police and every Police
Officer, as well as any contractor, dog catcher, Health Officer, or
Animal Control Officer appointed by the Township, to enforce the provisions
of this chapter and to take into custody and impound, or cause to
be taken into custody and impounded, the following:
a.
Any cat or dog running at large in the Township.
b.
Any cat or dog off the premises of the owner or of the person keeping
or harboring the cat or dog, unless accompanied by a person who is
capable of controlling it and who has the cat or dog securely confined
and controlled by an adequate leash or chain not more than six (6)
feet long, or which the official or his agent or agents have reason
to believe is a stray cat or dog.
c.
Any dog with fierce, dangerous or vicious propensities or any cat
or dog noticeably infected with rabies or bitten by an animal suspected
of having rabies.
d.
Any cat or dog off the premises of the owner or of the person keeping
or harboring the cat or dog without a current registration tag on
the collar of the cat or dog.
e.
Any female dog in season off the premises of the owner or of the
person keeping or harboring the dog.
f.
Any cat or dog running at large in the Township upon complaint of
any citizen.
g.
No cat or dog shall be returned to the owner or claimant of such
cat or dog unless such cat or dog shall have a current license, and
the owner or claimant has complied with the rabies inoculations requirements
as herein provided and has paid the proper fees required.
[1973 Code § 7-4.2; Ord. No. 23-1986; Ord. No. 27-1992]
The Animal Control Officer is authorized and empowered to cause
the destruction of any unclaimed cat or dog, in as humane a manner
as possible, under the following contingencies:
When any cat or dog so seized has been detained for seven (7)
days after notice, when notice can be given, or has been detained
for seven (7) days after seizure, when notice cannot be given, in
accordance with the laws of the State of New Jersey, and if the owner
or person keeping or harboring the cat or dog has not claimed the
cat or dog, and paid all expenses incurred by reason of its seizure
and detention, and if the cat or dog is unlicensed at the time of
the seizure and the owner or person keeping or harboring the cat or
dog has not produced a license or registration tag for the cat or
dog, the Animal Control Officer or other designated authority may
cause the cat or dog to be destroyed in a manner causing as little
pain as possible.
[1973 Code § 7-5; Ord. No. 23-1986; Ord. No. 27-1992; Ord. No. 21-2005 § III; New]
No person shall own, keep or harbor an animal in the Township
except in compliance with this chapter and the following regulations:
a.
No dog or cat shall run at large at any time within the limits of
the Township of Aberdeen.
b.
No dog or cat shall be permitted off the premises of the person owning,
keeping or harboring it unless accompanied by a person who is capable
of controlling it and who has the dog or cat securely confined and
controlled by an adequate leash or chain not more than six (6) feet
long.
c.
No person owning, keeping or harboring a dog or cat shall permit
or cause it to do any injury to any person, or to do any damage to
any lawn, shrubbery, flowers, grounds or property of persons other
than the owner or person having the care, custody or control of such
dog or cat.
d.
No person shall keep, harbor or maintain any dog which barks, howls
or cries continuously for ten (10) minutes or intermittently for thirty
(30) minutes so that same unreasonably interferes with the enjoyment
of life or property of persons residing in the vicinity. The provisions
of this section shall apply to all private or public facilities including
any animal pounds, kennels and pet shops where a dog is held for any
reason.
e.
No person owning, harboring, keeping or in charge of any dog or cat
shall cause, suffer or allow such dog or cat to soil, defile or defecate
on or commit any nuisance on any common thoroughfare, sidewalk, passageway,
bypath, play area, park, school ground or any place where people congregate
or walk, or upon any public or private property, without the permission
of the owner of the property. The restriction shall not apply to the
street right-of-way, except for sidewalk, from property line to property
line which shall be used to curb such dog or cat provided that the
person who curbs such dog or cat shall immediately remove all feces
deposited by such dog or cat and dispose of same in a sanitary manner.
All pet owners and keepers are required to immediately and properly
dispose of their pet's solid waste deposited on any property,
public or private, not owned or possessed by that person. Any owner
or keeper who requires the use of a disability assistance animal shall
be exempt from the provisions of this section while such animal is
being used for that purpose.
f.
No more than six (6) cats and/or dogs of licensing age shall be kept,
maintained or harbored at one time for any length of time in any residential
housing unit or on its grounds or in any business establishment or
on its grounds. This restriction shall not apply to properly licensed
kennels, pet shops, pounds and shelters.
g.
No person shall own, harbor or keep any wild animal including, but
not limited to, wolves, skunks, raccoons and foxes, as pets unless
the animal is purchased from a duly certified pet shop and is accompanied
by a certificate from the pet shop and/or an appropriate State or
Federal agency.
[New]
a.
Condition of Pens and Premises. It shall be unlawful for any person
keeping or harboring animals to fail to keep the premises where such
animals are located free from excessive animal waste and offensive
odors to the extent that such waste and odors disturb person(s) residing
or located within twenty (20) feet of the premises. It shall be unlawful
to allow the premises where animals are kept to become unclean and
a threat to the public health by failing to diligently and systematically
removal all animals waste from the premises.
[1973 Code § 7-6; Ord. No. 23-1986; Ord. No. 27-1992; New]
a.
The
Township Council shall appoint a suitable person as Animal Control
Officer for the Township and such assistants as from time to time
may be necessary, who shall possess and exercise the power and the
authority described in this chapter. Such Animal Control Officer shall
be paid compensation as the Township Council shall deem suitable and
proper.
b.
No
person shall hinder, molest or interface with anyone authorized or
empowered to perform any duty under this chapter.
[1973 Code § 7-8.1; Ord. No. 23-1986; Ord. No. 27-1992]
Any person who keeps or operates or proposes to establish a
kennel, pet shop, shelter or pound shall apply to the Township for
a license entitling the person to keep or operate such an establishment.
The application shall describe the premises, where the establishment
is located, the purpose or purposes for which it is to be maintained
and shall be accompanied by the approval of the Township Department
of Health showing compliance with the local and State rules and regulations
governing location and sanitation at such an establishment.
All licenses issued for a kennel, pet shop, shelter or pound
shall expire on the last day of June of each year and be subject to
revocation by the Township of Aberdeen on recommendation of the State
Department of Health or the Township Department of Health for failure
to comply with the rules and regulations of the State Department or
Township after the owner has been afforded a hearing by the State
or Township. Any person holding such license shall not be required
to obtain individual licenses for dogs owned by such licenses and
kept at such establishment; such licenses shall not be transferable
to another owner or to different premises.
[1973 Code § 7-8.2; Ord. No. 23-1986; Ord. No. 27-1992]
No such kennel, pet shop, shelter or pound shall be located,
operated or maintained, except as permitted in the Chapter XXV, Land
Development of the Township of Aberdeen.
[1973 Code § 7-8.3; Ord. No. 23-1986; Ord. No. 27-1992; Ord. No. 41-2005 § 2]
The annual license fee for a kennel providing accommodations
for ten (10) or less dogs shall be ten ($10.00) dollars and for more
than ten (10) dogs, twenty-five ($25.00) dollars. The annual license
fee for a pet shop shall be ten ($10.00) dollars. No fee shall be
charged for a shelter or pound.
[Ord. No. 21-2005 § IV]
The provisions of this chapter shall be enforced by the Aberdeen
Police Department and Department of Health. Any person(s) who is found
to be in violation of the provisions of this chapter shall be subject
to a minimum fine of one hundred ($100.00) dollars per day with a
maximum fine not to exceed one thousand ($1,000.00) dollars.
[Added 6-21-2018 by Ord. No. 19-2018]
For the purpose of this section the following terms shall have
the meaning 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.
That an owner or caregiver has forsaken a domesticated cat
entirely, or has neglected or refused to provide care and support
to the cat.
A 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 this
Code.
A resident of the Township of Aberdeen who provides food
and water for or otherwise cares for a cat.
A cat that is socialized to humans, is licensed by the Township
of Aberdeen and is appropriate as a companion for humans.
A tagged, notched or tipped left ear as performed by a licensed
veterinarian.
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.
A cat that is regularly off the property of the owner and
is not under the physical control and restraint of the owner.
Spaying and neutering the cats to stabilize the population
of the feral cat colony.
Includes, but not limited to the following:
Disturbing the peace by habitually or continually howling, crying,
caterwauling, or screaming by a cat or cats;
Spraying or leaving feces unburied or buried on private property
by a cat or cats without permission of the owner of the property;
Fighting by a cat or cats;
The desecration or soiling of personal and/or real property
by a cat or cats without permission of the owner of the property;
Endangering the life or health of other animals or persons;
Interfering with the rights of citizens, other than their owners,
to enjoyment of life or property;
Damaging the property of anyone other than their owner's
property;
Entering the property of anyone other than their owner's
property;
Killing or maiming domestic animals or wildlife;
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;
Causing unsanitary conditions in enclosures or surroundings
where the cat or cats are kept or harbored;
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.
Any person, firm, corporation, partnership, association,
trust, estate, or any other legal entity.
Is 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.
A cat that 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 or which is not licensed
by the Township of Aberdeen.
Shelter provided by an owner to a domesticated cat licensed
by the Township of Aberdeen that provides protection from rain, sun,
and other elements that is adequate to protect the health of the cat.
Trap, neuter and return.
A program pursuant to which feral and stray cats are trapped,
tested for feline leukemia, neutered or spayed, vaccinated against
rabies and returned to the location where they congregate.
Those diseases transmittable to humans from animals, including
parasitic, bacterial, fungal and viral diseases.
a.
Owners of domesticated cats shall provide appropriate and adequate
food, water and shelter for their cats and obtain licenses for their
cats from the Township of Aberdeen.
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.
a.
Feral cat colonies shall be permitted and caregivers shall be entitled
to maintain them in accordance with the terms and conditions of this
section.
b.
Restriction of feral cat colony locations.
c.
Sponsorship of colony TNR programs. The Associated Humane Societies
is approved as the sponsor. Other residents of the Township of Aberdeen
may apply to the Township to serve as colony TNR program caretakers.
Any person or entity so applying shall comply with the requirements
of this section for caretakers and execute an Associated Humane Societies
approved caretaker contract. Any person intending to undertake the
responsibilities of caretaker shall advise the Associated Humane Societies
in writing and provide his/her/its address and telephone number.
d.
Sponsor Requirements. It shall be the duty of the sponsor to:
1.
Review and approve of colony caregivers;
2.
Send written notice of acceptance of the requirements and rules set
forth herein by all colony caregivers prior to their approval;
3.
Help to resolve any complaints over the conduct of a colony caregiver
or of cats within a colony;
4.
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;
6.
Register feral cat colonies;
7.
Sponsor shall be equally responsible with that of the Animal Control
Officer for humanely capturing, trapping, testing, neutering, vaccinating,
identifying and spaying or neutering feral cats and testing them for
feline leukemia.
8.
Sponsor shall obtain and maintain liability insurance in the minimum
amount of $500,000 for all activities, action and work performed pursuant
to this section and the laws of this state, naming the Township of
Aberdeen as an additional named insured, providing an annual copy
of the declaration of insurance and proof of payment of same.
9.
Sponsor shall agree to forever defend, protect, indemnify and hold
harmless the Township of Aberdeen, its officers, agents and employees
from and against any and all claims, causes of action, injuries, losses,
damages, expenses, fees and costs arising out of or which may arise
out of the creation and operation of the TNR program.
10.
Sponsor shall investigate an alleged violation of this section upon
receipt of two sworn affidavits of complaint on a form provided by
the Township, signed by two unrelated Township residents living in
separate dwellings in the vicinity of the alleged violation. One of
the affidavits may be provided by a person who works for a recognized
business or agency that regularly or frequently provides services
in the vicinity of the alleged violation. The affidavit shall specify
the address or location of the alleged violation, the nature, time
and dates of the alleged violation, the name and address of the owner
or caregiver, if known, and a description of the animal, if known.
e.
Feral Cat Caregiver Requirements. Caregivers are responsible for
the following:
1.
Registering the feral cat colony with the sponsor;
2.
All caregivers must acknowledge receipt and acceptance of the requirements
and rules set forth herein;
3.
Taking steps that are reasonably likely to result in the vaccination
of the colony population for rabies and making best efforts to update
the vaccinations on cats that can be recaptured;
4.
Taking steps that are reasonably likely to and making best efforts
to further the objective of the spay/neuter of at least 90% of the
colony population;
5.
Providing the sponsor with descriptions of each cat in the colony
and copies of documents evidencing that the cats have been vaccinated
and spayed/neutered;
6.
Providing food and water for colony cats;
7.
Remove all food provided within two to four hours of providing food;
8.
Observing the colony cats at least twice per week and keeping a record
of any illnesses or unusual behavior noticed in any colony cats;
9.
Obtaining the approval, in writing, of the owner of any property
to which the caregiver requires access to provide colony cats;
10.
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 or with the sponsor for subsequent permanent placement;
11.
Reporting annually in writing to the sponsor on the status of the
colony, including data on the number and gender of all cats in the
colony, the number of cats that died or otherwise ceased being a part
of the colony during the year, the number of kittens born to colony
cats and their disposition and the number of cats and kittens placed
in permanent homes as companion cats;
12.
Providing proper medical attention to any colony cat that appears
to require it;
13.
Taking reasonable steps to prevent cats from creating a nuisance
in adjacent properties.
f.
Colony Cat Requirements.
1.
The left ear of a colony cat that has been spayed or neutered and
vaccinated shall be eartipped.
2.
An electronic animal identification device (EAID), more broadly known
as a microchip, shall be inserted into the cat by a veterinarian in
accordance with professional medical standards. The colony number
shall be used for purposes of the EAID.
g.
Requirements in General. It shall be the responsibility of all residents
of Aberdeen along with the sponsor, feral cat caregivers, and all
involved individuals to use due consideration to avoid the taking
of rare, threatened or endangered species under the Endangered and
Nongame Species Conservation Act, N.J.S.A. 23:2A-1, et seq. and pursuing
the actions allowed by this section.
h.
Registration of Feral Cat Colonies. The sponsor shall register feral
cat colonies maintained by approved caregivers. Feral cat colonies
within the Township that are not registered by the sponsor are not
entitled to any benefits or protections set forth in this section.
No colonies may be established except in accordance with this section.
On an annual basis the sponsor shall provide the Township of Aberdeen
with a colony management plan for the Township containing all registered
feral cat colonies with information on the number of cats, anticipated
rate of attrition and the length of project, efforts to deter predation
and to prevent immigration of more cats into each colony. The list
of registered feral cat colonies and the annual colony management
plan shall be filed with the Township Manager.
a.
Any violation of this section shall be punishable by imprisonment
in the county jail or in any place provided by the municipality for
the detention of prisoners, for any term not exceeding 90 days; or
by a fine not exceeding $2,000; or by any period of community service
not exceeding 90 days. Each day that a violation continues may be
deemed to be a separate offense.
b.
Investigation and Disposition of Feral Cats by Animal Control Officer.
1.
In the event that the sponsor becomes aware, either through a complaint
or personal observation, of a feral cat or feral cat colony, he shall
make a reasonable attempt to determine if the animal has a caregiver
who will comply with the requirements and rules. If, after making
such an attempt, no caregiver is identified or is willing to comply
with the provisions set forth herein, the sponsor shall take all necessary
action to obtain permission from the property owner(s) to enter upon
the property to capture and remove the feral cats, and in the absence
thereof may exercise their powers as the certified animal control
officer under N.J.S.A. 4:19-15.16 to enter on to the property and
to dispose of the captured cats in accordance with the provisions
of this section.
2.
The sponsor shall make a good faith effort to contact animal sanctuaries
in New Jersey and out of the state for the purpose of making arrangements
to deliver feral cats and stray cats who do not have a caregiver.
In the event that no animal sanctuary is available or willing to accept
the cats, the sponsor may deliver the cats to the Animal Shelter.
3.
The Animal Control Officer and/or the sponsor have 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.
4.
The Animal Control Officer and/or the sponsor has the right to seize
or remove a cat from a colony that is creating a nuisance, as defined
above, when the caregiver has been given time to remove the nuisance
but failed to do so.
5.
The Animal Control Officer and/or the sponsor has the right to seize
or remove the colony of cats when the caregiver regularly fails to
comply with the requirements of this section and the Animal Coordinator
has not been able to obtain a replacement or substitute caregiver
that has been approved to be a caregiver.
6.
The Animal Control Officer and/or the sponsor has 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
HIV or leukemia.
7.
The Animal Control Officer and Police Officers may investigate any
nuisance complaint.
c.
Disposition of colony cats.
1.
An Animal Control Officer or sponsor who has trapped a cat whose
left ear has been tipped or which bears some other distinguishing
mark indicating that it belongs to a feral cat colony shall scan any
cat trapped or picked up for an EAID. If an EAID is found, the officer
shall return the cat to its colony or its owner. If an EAID is not
found, the officer shall contact the sponsor and the sponsor or any
other person named as the owner of the cat.
2.
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.
3.
If the cat does not have an EAID then the Animal Control Officer
shall contact the sponsor so the cat can be properly placed in a colony.
If the cat is obviously a domestic cat the sponsor 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. If the cat does not have an EAID and the
owner cannot be located, then the sponsor will nevertheless treat
the cat as any stray with a seven-day holding period.
d.
Nuisance complaints.
1.
The requirements of this section notwithstanding, animal control
officers and police officers may investigate any nuisance complaint.
2.
The provisions herein remain in full force and effect and are not
to be superseded by the aforesaid provisions. If there is any conflict
between this section and the aforesaid ordinance, the ordinances are
to be read in concert as they are consistent with protecting the public
health, safety and general welfare of the Township.
