[Ord. #15-2009, S 1]
For the purpose of this Article, 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.
ABANDONED
shall mean that 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
shall mean any person employed or appointed by the Borough
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 RESCUE GROUP
shall mean a for-profit or not-for-profit entity with at
least one of its purposes being the adoption or placement of cats
in homes with humans to serve as companion animals.
CAREGIVER
shall mean any person who provides food, water and/or shelter
to or otherwise cares for a cat in a colony sponsored under the Article.
DOMESTICATED CAT
shall mean a cat that is socialized to humans and is appropriate
as a companion for humans.
EAR-MARKED
shall mean a tagged, notched or tipped left ear as performed
by a licensed veterinarian.
FERAL ANIMAL
shall mean, for the purposes of this Article, any non-native
animal not under the direct control of an owner or any unlicensed
non-native animal where a license is required.
FERAL CAT COLONY
shall mean a group of cats that congregates, more or less,
together as a unit which has been sponsored by the Point Pleasant
Borough Animal Welfare Committee. Although not every cat in a colony
may be feral, any domesticated cats that congregate in a colony shall
be deemed to be a part of it until such time when the caregiver places
the cat in a proper home.
NUISANCE
shall mean disturbing the peace by (a) habitually or continually
howling, crying or screaming, or (b) the destruction, desecration
or soiling of property against the wishes of the owner of the property.
OWNER
shall mean any person, firm, corporation, partnership, association,
trust, estate, or any other legal entity.
STRAY CAT
shall mean a cat that is off the property of its owner.
SUITABLE SHELTER
shall mean any structure that provides protection from rain,
sun, and other elements that protects the health of the cat.
TNR
shall mean Trap, Neuter and Return.
TNR PROGRAM
shall mean a program pursuant to which feral cats are trapped,
neutered or spayed, vaccinated against rabies and all other routine
diseases, as determined by a licensed veterinarian, and returned to
an appropriate colony. Any domesticated cat found as a stray shall
be placed in an appropriate home if their owner cannot be located.
ZOONOTIC DISEASE
shall mean those diseases transmitted to humans from animals,
including parasitic, bacterial, fungal and viral diseases.
[Ord. #15-2009, S 2]
Owners of domesticated cats shall provide appropriate and adequate
food, water and shelter for their cats.
[Ord. #15-2009, S 2]
The owner of a domesticated cat shall exercise reasonable care
to guard against the cat creating a nuisance.
[Ord. #15-2009, S 2]
The owner of a cat shall not permit his/her cat to roam unsupervised
or off their property.
[Ord. #15-2009, S 2]
An owner shall not abandon a domesticated cat.
[Ord. #15-2009, S 3]
Feral cat colonies shall be permitted and caregivers shall be
entitled to maintain them in accordance with the terms and conditions
of this Article.
[Ord. #15-2009, S 3]
The Point Pleasant Borough Animal Welfare Committee is approved
as sponsor.
[Ord. #15-2009, S 3]
It shall be the duty of the sponsor to:
a. Review and approve colony caregivers;
b. Help to resolve any complaints over the conduct of a colony caregiver
or of cats within a colony;
c. Maintain records on the size and location of the colonies as well
as the vaccination and spay/neuter records of cats in the sponsor's
colonies;
d. Report monthly to the Borough Animal Control Officer on the following:
1. Number of, caregiver of, and location of colonies in the Borough;
2. Total number of cats in each colony;
3. Number of cats vaccinated, spayed, or neutered pursuant to this Article;
and
4. Number of cats placed in permanent homes.
e. Avoid the taking of rare, threatened or endangered species under
the Endangered and Non-game Species Conservation Act, N.J.S.A. 23:2A-1
et seq.
[Ord. #15-2009, S 3]
Caregivers are responsible for the following:
a. Registering the feral cat colony with the sponsor.
b. Taking steps that result in the vaccination of the colony population
as per the requirements of this Article and to update the vaccinations
on the colony population;
c. Taking steps that result in the spay/neuter of the colony population;
d. Providing the sponsor with the descriptions and photo of each cat
in the colony and originals 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
of such visits as well as any illnesses or unusual behavior noticed
in any colony cats;
g. No colony shall be established without the written 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 remove the kittens from the colony after they have been weaned,
vaccinate and sterilize the cats, and see to the placement of the
kittens in homes or foster homes for the purpose of subsequent permanent
placement;
i. Reporting monthly 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; any other information as requested
by the sponsor or required by this Article, and
j. Obtaining proper medical attention to any colony cat that appears
to require it.
[Ord. #2010-06]
Appointment to the Committee shall be made by the Mayor. The
term of the appointment shall be for two (2) years, with the first
appointments made in 2010 to expire no later than December 31, 2011.
The Committee shall be composed of up to but no more than seven (7)
members.
[Ord. #15-2009, S 4]
The Borough Council shall adopt particular regulations from
time to time concerning vaccinations, disease control, and the manner
in which the TRN Program is conducted.
[Ord. #15-2009, S 5]
The Borough shall have the following rights:
a. The right to seize or remove cats from a colony that have not been
vaccinated;
b. The right to seize or remove a cat from a colony that is creating
a nuisance as defined above and the sponsor has been given thirty
(30) days to remove and relocate the cat and have 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 Article and
the sponsor has not been able to obtain a replacement or substitute
caregiver within thirty (30) days of the Borough's notice to the sponsor
of the caregiver's failure to comply with this Article.
[Ord. #15-2009, S 5]
The requirements of this Article notwithstanding, Animal Control
Officers and police officers may investigate any nuisance complaint.