[1967 Code § 6-10.2]
As used in this chapter:
CAT
Shall mean any member of the feline species, male or female.
OWNERS
Shall mean the person or persons owning, controlling, keeping
or harboring a cat.
STRAY CAT
Shall mean a cat having no known owner, custodian or identification.
[1967 Code § 6-10.3]
No person shall own, harbor or maintain a cat more than six
months of age in the Borough unless such owner shall have obtained
a valid license for such cat.
[1967 Code § 6-10.4; Ord. No. 13-2015]
A cat license issued hereunder shall expire on the last day
of March of the calendar year following the calendar year in which
it was issued. Any person owning a cat on January 1 who has not obtained
a new license by March 31 of the same year shall pay a late fee of
$10 in addition to the fees set forth below.
[1967 Code § 6-10.5]
The annual license fee for each cat over six months of age shall
be as follows:
a. For each cat which has been spayed or neutered: $5, except where
the owner is 65 years of age or older: $2. The owner must submit proof
of spaying or neutering at the time of applying for the license in
order to qualify for the license fee herein provided. All moneys collected
shall be deposited in the Borough current accounts and shall become
the general property of the Borough.
b. For each cat which has not been spayed or neutered: $8, except where
the owner is 65 years of age or older: $4.
[1967 Code § 6-10.6]
The Borough Clerk shall keep a record book showing the names
of the owners of cats, the description of each cat so owned, date
or issuance of license and amount of the fee paid.
[1967 Code § 6-10.7]
No cat more than six months of age shall be permitted to remain
within the limits of the Borough unless licensed and registered. Any
owner or keeper failing to have a cat or cats registered in accordance
with the terms of this section or otherwise failing to comply with
these provisions shall be subject to the fine or penalty set forth
in this chapter.
[1967 Code § 6-10.10a; amended 1-28-2019 by Ord. No. 3-2019]
The Animal Control Officer shall take into custody and impound,
or cause to take into custody or impounded, and thereafter destroyed
or disposed of as provided for in this subsection:
a. Any cat off the premises of the owner or of the person keeping or
harboring the cat, which official or his/her agent have reason to
belief is a stray cat.
b. Any female cat in season off the premises of the owner.
c. Any cat which, upon complaint by one or more residents, shall be
bothering, disturbing or causing a nuisance to such resident.
[1967 Code § 6-10.10c; amended 1-28-2019 by Ord. No. 3-2019]
When any cat so seized has been detained for seven days after
notice, when notice can be given as set forth above, or has been detained
for seven days after seizure when notice has not been and cannot be
given as set forth above, and if the owner of such cat has not claimed
the cat and paid all expenses incurred by reason of such seizure and
detention, including maintenance at the prevailing rate charged per
day, or if the cat is unlicensed at the time of the seizure and the
owner has not claimed nor produced a license and registration tag
for the cat, and paid for its seizure; detention and maintenance as
set forth above, the Animal Control Officer may cause the cat to be
destroyed in a humane manner, causing as little pain as possible.
[1967 Code § 6-10.11]
The official metal tag obtained for each such cat is owned,
kept or harbored, shall be placed upon each cat collar or harness
with the license tag securely fastened there so that the cat will
receive the protection provided by this section.
[1967 Code § 6-10.12]
No person shall abandon any cat, no matter what its age may
be, within the Borough.
[1967 Code § 6-10.13]
No person who owns any cat shall permit or suffer such cat to
do any damage to any person or domestic animal, or permit or suffer
it to do any damage to, or to soil or defile, any lawn, shrubbery,
garden flowers, grounds or property of any person other than the owner.
[1967 Code § 6-10.14; amended 1-28-2019 by Ord. No. 3-2019]
The Animal Control Officer and/or Borough Official shall enforce
the provisions of this article. Nothing herein shall prohibit a private
citizen from bringing or signing a complaint for an alleged violation
of this article.
[1967 Code § 6-10.15]
Any person who violates any provision of this Article, upon
conviction thereof, shall forfeit and pay a fine of not more than
$50 for each and every offense except that for the first offense,
a failure to secure a license, the penalty shall not be less than
$25 and not more than $50. In addition, the Court, upon subsequent
violations of this section, may impose the fines herein set forth,
or imprisonment for a period not exceeding 30 days, or both, in the
discretion of the Court.
Each and every day in which a violation of any provisions of
this section exists shall constitute a separate violation.
[Added 7-22-2019 by Ord. No. 21-2019]
[Added 11-9-2020 by Ord. No. 16-2020]
The purpose of the Pitman Trap Neuter Vaccinate Release program
is to establish approved community cat colonies in nonresidential
areas of the Borough of Pitman in which a community cat caregiver
volunteers to care for an existing community of feral cats. Approved
sponsors, as defined in this section and as recognized by the Borough
of Pitman, may take advantage of spay, neuter, and vaccination services
offered by the County for members for such established and approved
community cat colonies only.
This section does not create an affirmative obligation on the
Borough of Pitman or the County of Gloucester to spay, neuter, or
vaccinate feral cats in the Borough that are not documented members
of an approved community cat colony as defined in this section and
authorized by the Borough of Pitman.
As used in this article, the following terms shall have the
meanings indicated:
ANIMAL
Any live vertebrate creature including mammals, birds, reptiles,
amphibians and fish, but not humans.
ANIMAL CONTROL OFFICER or ACO
A person 18 years of age or older who has satisfactorily completed the course of study approved by the Commissioner of Health and Senior Services of the State of New Jersey and the Police Training Commission as prescribed by paragraphs (1) through (3) of Subsection
a of Section 3 of N.J.P.L. 1983, c. 525 (N.J.S.A. 4:19-15.16a); or who has been employed in the State of New Jersey in the capacity of, and with similar responsibilities to those required of, a certified animal control officer pursuant to the provisions of N.J.P.L. 1983, c. 525, for a period of three years before January 17, 1987.
ANIMAL RESCUE ORGANIZATION
An individual or group of individuals who, with or without
salary or compensation, house and care for homeless animals in the
home of an individual or in other facilities, with the intent of placing
the animals in responsible, more permanent homes as soon as possible.
ANIMAL SHELTER
The County of Gloucester facility where dogs, cats or other
animals are received, housed, given medical and other care, offered
for adoption, or transferred to animal rescue organizations.
AT LARGE
That an animal is off the property of its owner and i) the
animal has entered upon the property of another person without authorization
of that person; or ii) the animal has entered onto public property,
street or right-of-way, unless that animal is restrained by its owner,
or a person caring for the animal on behalf of the owner, with a leash
of no less than six feet in length, or other physical control device,
such that the animal is under the physical control of the owner or
person caring for the animal on behalf of the owner. Nothing in this
definition is intended to prevent dogs being on training leashes or
on retractable leashes or being engaged in other appropriate activities
under adequate, responsible adult supervision where care is taken
to assure control as needed is available to prevent violations of
this article.
CAT
A member of the species Felis Catus.
CAT OF LICENSING AGE
Any cat which is not a community cat which has attained the
age of seven months or, if age cannot be determined, a cat which possesses
a set of permanent teeth.
COMMUNITY CAT
Any free-roaming cat that may be cared for by one or more
residents of the immediate area who is/are known or unknown; a community
cat may or may not be feral. Community cats shall be distinguished
from other cats by being sterilized, vaccinated against rabies, microchipped,
and ear-tipped. Community cats are exempt from licensing, as well
as stray and at large provisions of this article, but are subject
to nuisance provisions herein.
COMMUNITY CAT CAREGIVER
a.
Any organization or person authorized by the municipality or
sponsor who, in accordance with a Community Cat Colony Program to
trap, neuter, vaccinate for rabies, ear tip and return community cats:
1.
Neuters, vaccinates for rabies, microchips, ear tips and returns
one or more community cats;
2.
Provides care, including food, shelter or medical care to the
cat; or
3.
Has temporary custody of the cat.
4.
Monitors the authorized cat colony for new cats and maintains
overall awareness of the status of the cat colony and the condition
of the cats therein.
b.
A community cat caregiver shall not be considered to own, possess,
keep or harbor a community cat.
COMMUNITY CAT COLONY
A single community cat or a group of community cats that
congregate together outside as a unit. Although not every cat in a
colony may be feral, any nonferal cats that congregate with a colony
shall be deemed part of it. A community cat colony is sponsored and
maintained by a community cat caregiver authorized by the municipality.
EAR TIPPING
The straight-line cutting of the tip of one ear of a cat
while the cat is anesthetized. Ear tipping the left ear is the best
and universally accepted practice; although in the past cats may have
been ear-tipped on the right ear.
FERAL CAT
A cat that is unsocialized to humans and has a temperament
of extreme fear of, and resistance to, contact with humans. Feral
cats are included in the definition of "community cats," as community
cats may or may not be feral. Feral cats are:
b.
Offspring of socialized or feral cats and not socialized; or
c.
Formerly socialized cats that have been abandoned and have reverted
to an unsocialized state.
HARBOR
The act of caring for and keeping an animal or the act of
providing a premises or residence to which the animal returns for
food, shelter or care, where the caregiver is providing the primary
source of sustenance for the animal for at least 10 days, whichever
time is shorter. Community cat caregivers do not harbor community
cats for the purposes of this article, but are subject to the provisions
of the article pertaining to community cats.
HUMANE TRAP
Any trap used to capture stray dogs or cats that is constructed
so that it does not harm the animal.
MICROCHIP
An electronic animal identification device that is inserted
into an animal, typically on the back between the shoulder blades,
by a veterinarian in accordance with professional medical standards.
NEUTER
To neuter an animal means to have a licensed veterinarian
surgically sterilize the animal. For the purposes of this article,
"neuter" shall mean to neuter a male animal or spay a female animal.
NUISANCE
a.
Disturbing the peace by:
1.
Habitual or continuous howling, barking, crying or screaming;
2.
The habitual and significant destruction, accumulation of feces,
desecration or soiling of property against the wishes of the owner
of the property, in particular, the creation of conditions leading
to the breeding of fleas or flies, odors or noises;
3.
Habitually chasing or otherwise molesting passersby;
4.
Habitually trespassing upon public or private grounds;
5.
As defined and prohibited herein and below;
6.
Or as the case may be under existing local ordinance defining
a nuisance.
b.
For the purpose of this article, "habitually" means occurring
on at least two separate occasions within a time period of one month;
except that barking, howling, crying, or screaming habitually means
making the sound persistently or continuously for at least 30 minutes
occurring at least three separate times within a period of eight hours.
For the purpose of this article, "persistently" or "continuously"
shall mean nonstop utterances for 30 consecutive minutes with interruption
of less than 30 seconds at a time.
OWNER
a.
Any person, household, firm, corporation, or other organization
who:
1.
Possesses, harbors, keeps, has control of, a legal title to,
a property interest in, or permanent custody of any animal regulated
by this article; or
2.
For three days or more has temporary custody of, keeps, possesses,
regularly feeds or provides shelter, or exercises control over any
cat.
b.
A person must be age 18 or older to be considered the legal
owner of an animal. If a person under age 18 is considered the custodian
or caretaker of the animal, the parent or legal guardian shall be
considered the legal owner of the animal.
c.
A community cat caregiver is not an owner of community cats
for the purposes of this article but is subject to the provisions
pertaining to community cat caregivers.
SPONSOR
An individual or group of individuals or a not-for-profit
animal welfare organization which, after recognition by the municipal
governing body, oversees the implementation and management of community
cat colonies, exercises oversight of community cat colonies authorized
by the municipality, coordinate caregivers, offers services to caregivers
and community cat colonies, and works to resolve community cat nuisance
complaints in accordance with the provisions of this article, and
keeps both the municipality and Gloucester County Animal Control advised
regarding the condition of the colonies under their oversight.
STRAY
Any animal that is found to be at large, whether lost by
its owner or otherwise, or that is on public or private property,
the common areas of apartments, condominiums, mobile home parks or
other multiresidential premises, and that does not have an identification
tag and for which there is no identifiable owner. The term "stray"
shall not be applied to community cats managed in accordance with
this article.
TRAP-NEUTER-VACCINATE-RETURN PROGRAM (TNVR)
A program pursuant to which community cats are humanely trapped,
spayed or neutered, vaccinated against rabies utilizing the three-year
vaccine, and returned to the exact location at which they were trapped.
A cat will receive a microchip as part of a TNVR program.
VETERINARIAN
An individual who is licensed to engage in the practice of
veterinary medicine in the State of New Jersey.
The municipality may select a nonprofit 501(c)(3) animal welfare
organization to serve as the sponsor of the Community Cat Program.
The sponsor shall oversee the activities of community cat caregivers
in accordance with a memorandum of understanding between the municipality
and the community cat caregivers. Individuals and organizations may
apply to the sponsor to serve as caregivers.
a. Sponsor requirements. It shall be the duty of the sponsor to: a)
review and approve of colony caregivers; b) help to resolve any complaints
over the conduct of a colony caregiver or of cats within a colony;
c) maintain records provided by colony caregivers on the size and
location of the colonies as well as the vaccination and spray/neuter
records of cats in the sponsor's colonies; and d) report annually
to the municipality and the Gloucester County Animal Shelter on the
following: i) number of colonies in the municipality; ii) total number
of cats in colonies; iii) number of cats and kittens spayed and neutered
pursuant to the TNVR program; iv) number of cats and kittens placed
in permanent homes; and v) 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.
b. Community cat caregivers. Community cat caregivers must ensure community
cats are sterilized, vaccinated against the threat of rabies, microchipped,
and ear-tipped, and must cooperate with the municipality and the sponsor
to abate any nuisance.
c. Caregiver requirements. Caregivers are responsible for the following:
1. Registering the community cat colony with the sponsor;
2. Taking steps that are reasonably likely to result in the vaccination
of the colony population for rabies utilizing the three-year vaccine
and making reasonable efforts to update the vaccinations on cats that
can be recaptured;
3. Taking steps that are reasonably likely to result in the spay/neuter,
by a licensed veterinarian, of at least 90% of the colony population;
4. Providing the sponsor with pictures of each cat in the colony and
records evidencing that the cats have been vaccinated and spayed/neutered;
5. Providing food, water and, if feasible, shelter for colony cats;
6. Observing the colony cats at least twice per week and keeping a record
of any illnesses or unusual behavior noticed in any colony cats;
7. Obtaining the approval of the owner of any property to which the
caregiver requires access to provide colony care;
8. 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;
9. Reporting annually 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; and
10. Obtaining proper medical attention to any colony cat that appears
to require it.
d. Location of community cat colonies. All managed community cat colonies
must be maintained in compliance with trespassing and property laws.
Community cat colonies shall not be located in an area where the establishment
of a community cat colony would likely create a nuisance for adjacent
property owners; or proximate to environmentally sensitive areas critical
to endangered or threatened wildlife species.
e. Requirements for exemptions from certain provisions of this article.
All cats that are part of a municipally approved TNVR or community
cat colony program pursuant to this article must be sterilized, vaccinated
against the threat of rabies, microchipped, and ear-tipped for easy
identification. If these requirements are met the community cat is
exempted from licensing, stray and at-large provisions of this article.
The municipality and Gloucester County Animal Control shall
have the following rights:
a. The right to seize or remove cats from a colony or the release location
which have not been vaccinated against rabies and which are demonstrating
signs of rabies or other zoonotic diseases.
b. The right to seize or remove a cat from a colony or release location,
which is creating a nuisance, as defined in this article, after the
community cat caregiver and sponsor have been given 30 days to abate
the nuisance or remove and relocate the cat and have failed to do
so. The caregiver must begin nuisance abatement procedures within
48 hours after being notified of a nuisance by an ACO and must take
all reasonable steps to resolve the nuisance in as short a time as
possible, not to exceed 30 days.
c. The right to seize or remove a cat or colony of cats when the community
cat caregiver regularly fails to comply with the colony care requirements
of this article and the sponsor has not been able to obtain a replacement
or substitute caregiver within 30 days of the notice to the caregiver
and sponsor of the failure to comply with this article. If one or
more cats are in danger due to a caregiver's lack of compliance, the
sponsor may work with other local caregivers to find a suitable replacement
caregiver or relocate the cats.
d. Ordinance enforcement. The municipality shall have the following
rights:
1. 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.
2. The right to seize or remove a cat from a colony that is creating
a nuisance as defined above and the caregiver and sponsor have been
given 30 days to remove and relocate the cat and have failed to do
so.
3. 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 30 days of the municipality's notice to the sponsor
of the caregiver's failure to comply with this section. The requirements
of this section notwithstanding, animal control officers and police
officers may investigate any nuisance complaint and take enforcement
action they deem necessary to protect the public health and safety.
Any person found to be in violation or found to have failed
to comply with any of the provisions of this section shall, upon conviction
thereof, be subject to a fine of not less than $100 and not more than
$1,000. Each day of such violation or failure to comply shall constitute
a separate offense and, therefore, are not subject to merger either
for the purposes of the violation or imposition of fines and penalties.
All ordinances at variance with this section are hereby repealed.