[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]
A. 
Caregivers of TNVM community cat colonies shall implement proper management to include as follows:
(1) 
Assure responsibility and arrangements for feeding the cat or cat colony regularly throughout the year, including weekends, holidays, and vacations of the caregiver;
(2) 
Kittens and cats that are tame enough to be adopted shall be neutered and/or spayed and placed into permanent homes. In the event permanent homes cannot be secured, those cats shall be placed at the Wayne Animal Shelter;
(3) 
Cats over the age of eight (8) weeks must be spayed or neutered by a licensed veterinarian when age appropriate;
(4) 
Arrange to have all trapped cats vaccinated for rabies, distemper and any other vaccination or immunization requirement imposed by the State and maintain all information on an individual medical card with photo for each cat;
(5) 
Identify all trapped cats by tipping the left ear;
(6) 
Manage the health of the colony;
(7) 
Provide adequate shelter (in number and quality) for colony cats using best practices to provide the cats with protection from harm, weather and any other elements and to minimize any nuisance;
(8) 
Feeding of cats shall be provided at a minimum of once daily. Food/plates/dishes/containers used to feed shall be removed within 60 minutes for any meal. Feeding area shall be kept clean and maintained at all times to minimize any nuisance and/or unsanitary conditions;
(9) 
Make reasonable, good faith efforts, using best practices, to exclude colony cats from yards, gardens or similar property upon request of the property owner;
(10) 
Once a colony has been identified, a caregiver must provide an annual report and/or records of the colonies' activities including but not limited to:
(a) 
Total number of cats in colony;
(b) 
Number of cat and kittens spayed/neutered;
(c) 
Number of cats and kittens placed in permanent homes.
(11) 
No feral or community cat(s) shall knowingly be brought into a Township colony from another municipality;
(12) 
Obtain written permission from the property owner if caregiver is not the owner of the property where the TNVM community cat colony is located.
[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]
A. 
No feral cat colony shall be permitted to be established within any area designated by federal or state agencies as areas reserved for protected or endangered species of birds or other wildlife, or in any federal, state or local designated park or preserve.
B. 
Colonies of feral cats that are not part of a TNVM community cat program are prohibited.
C. 
No person shall feed any feral or community cat within the Township unless all requirements are met as set forth in Section 68-73.
D. 
No person shall bring a feral or community cat from another municipality to create a community cat colony or into an existing community cat colony located within the Township.
E. 
Persons found to be maintaining feral cats or colonies of feral cats that are not part of a TNVM program managed in accordance with this article shall be subject to all costs associated with trapping, spaying/neutering, housing, vaccinating, eartipping, medical care, nuisance abatement and/or euthanasia in addition to any penalties set forth in this article.
[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.