[Ord. No. 7-2015]
CAREGIVER
Any person who, in accordance with an approved trap neuter
return program, will trap neuter and return, vaccinate for rabies,
ear tip, provide routine care, including medical treatment, shelter,
food and water, or has temporary custody of a community feral cat(s)
for the purpose while establishing it as a TNVM colony.
COMMUNITY CAT
Cats who are unowned or loosely owned; community cats are
comprised of both strays and feral cats.
FEED
To give, place, expose, deposit, distribute or scatter any
edible material with the intention of feeding, attracting or enticing
wildlife, feral or community cats.
FERAL CAT
Any homeless, wild, or untamed cat which is unsocialized
to humans and has a temperament of extreme fear of, and resistance
to, contact with humans.
FERAL CAT COLONY
An individual cat or group of community cats that congregates.
Although not every cat in a colony may be feral, any non-feral cats
that routinely congregate with a colony shall be deemed to be a part
of it.
NON-DOMESTICATED
Any animal, which lives in the wild and has not been trained
to live in a human environment, which has the potential for attacking
humans and/or causing property damage.
NONPROFIT ANIMAL ESTABLISHMENT
Therapeutic facility, humane society, animal shelter, animal
rescue or welfare groups, or assistance animal training facilities
(recognized by federal or state law as nonprofit).
NUISANCE
Disturbing the peace by:
(A)
Habitually or continually howling, crying or screaming; or
(B)
The habitual and significant destruction, desecration or soiling
of property against the wishes of the owner of the property.
PERSON
Any individual, corporation, company, partnership, firm,
association, nonprofit animal establishment or political subdivision
of this State subject to municipal jurisdiction.
STRAY CAT
Lost and abandoned former pets who may be suitable for home
environments.
TRAP, NEUTER, VACCINATE AND MANAGE (TNVM)
Also known as Trap, Neuter, and Return (TNR), a managed community
cat program that is viewed as a viable alternative to euthanasia wherein
feral and stray cats are trapped, neutered or spayed, vaccinated against
rabies and distemper, ear tipped, and returned to their original community
cat colony.
WILDLIFE
Any animals that are neither human nor domesticated.
[Ord. No. 7-2015]
For the protection of the health and welfare of the citizens,
it shall be unlawful to feed or bait wildlife including but not limited
to bears, deer, feral cats not covered in this chapter, Canada Geese,
wild turkeys, pigeons or waterfowl or other non-domesticated animals
in any manner within the Township. This article does not prohibit
baiting and the legal taking of fish or game, the feeding of confined
wildlife or farm animals that are displayed at petting zoos, parks,
rehabilitation centers, zoos or unconfined wildlife at environmental
education centers, or TNVM cat colonies that comply with the provisions
of this article.
[Ord. No. 7-2015]
TNVM cat colonies managed in accordance with the terms and conditions
of this article shall be permitted.
[Ord. No. 7-2015]
The licensing requirements of Sections
68-53 and
68-54 shall not apply to community cats that are managed in accordance with this article.
[Ord. No. 7-2015]
The Township shall have the following rights:
A. The right to seize or remove cats from a colony who are demonstrating
signs of rabies.
B. The right to seize or remove cats from a colony which have not been
vaccinated against rabies and the caregiver has failed to respond
to notification about the non-compliance with the rabies vaccination.
C. The right to seize or remove a cat from a colony which is creating
a nuisance, as defined within this article, if the caregiver fails
to comply within the time frame set forth by the Health Department
in the Notice of Violation.
D. The right to seize or remove a colony of cats when the caregiver
regularly fails to comply with the requirements of this article. Unless
non-compliance threatens the life and safety of the public and/or
colony, the caregiver will first be given 60 days to recruit a replacement
caretaker or rescue organization. This does not preclude the Health
Department from pursuing any other violation of this article during
that time frame.
E. The right to seize or remove any feral and/or community cat knowingly
brought into a colony located within the Township from another municipality.
F. An Animal Control Officer who has trapped a cat whose left ear has
been tipped shall release the cat where it was originally trapped
unless the cat is injured or sick and requires medical attention.
G. Any identified community cat colonies may be inspected periodically
by Animal Control Officers to ensure compliance with provisions of
this article.
H. Animal Control may, at any time, seize or trap feral cats congregating
and living outside of a managed TNVM program.
[Ord. No. 7-2015]
The requirements of this article notwithstanding, Animal Control
Officers and Police Officers may investigate any nuisance complaint.
If an Animal Control Officer or Police Officer determines that an
eartipped, community colony cat is causing a nuisance as defined by
this article, the caregiver will be notified that they are in violation
of this article and shall abate the nuisance within the time frame
set forth by the Health Department. In the case of an emergency, the
Animal Control Officer or Police Officer may remove the cat, but within
24 hours the Township must provide the caregiver, if known, with notice
of the cat's whereabouts and allow them an opportunity to retrieve
the cat for treatment, return, or relocation.
[Ord. No. 7-2015]
Any person who violates or fails or refuses to comply with the provisions of this article shall, upon conviction, be liable to the penalty stated in Chapter
1, Section
1-15.