[HISTORY: Adopted by the Township Committee of the Township
of West Deptford as indicated in article histories. Amendments noted
where applicable.]
[Adopted 7-18-2018 by Ord. No. 2018-12]
As used in this article, the following terms shall have the
meanings indicated:
Any live vertebrate creature including mammals, birds, reptiles,
amphibians and fish, but not humans.
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.
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.
The home or other facility in which an animal rescue organization
houses and cares for an animal.
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.
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.
A member of the species Felis catus.
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. (only if local code requires cat licensing)
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,
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.
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:
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(1)
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Neuters, vaccinates for rabies, microchips, ear tips and returns
one or more community cats;
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(2)
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Provides care, including food, shelter or medical care to the
cat; or
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(3)
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Has temporary custody of the cat.
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(4)
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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.
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A community cat caregiver shall not be considered to own, possess,
keep or harbor a community cat.
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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.
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.
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:
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(1)
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Born in the wild;
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(2)
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Offspring of socialized or feral cats and not socialized; or
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(3)
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Formerly socialized cats that have been abandoned and have reverted
to an unsocialized state.
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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.
Any trap used to capture stray dogs or cats that is constructed
so that it does not harm the animal.
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.
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.
Disturbing the peace by:
Habitual or continuous howling, barking, crying or screaming;
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;
Habitually chasing or otherwise molesting passersby;
Habitually trespassing upon public or private grounds;
As defined and prohibited herein and below; or
As the case may be under existing local ordinance defining a
nuisance.
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.
Any person, household, firm, corporation, or other organization
who:
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.
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.
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.
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.
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.
An individual who is licensed to engage in the practice of
veterinary medicine in the State of New Jersey.
A.
No person shall keep an animal on a property in a manner that causes
one or more of the following: unsanitary conditions; accumulation
of feces; infestation by insects or rodents; physical conditions that
unreasonably endanger the health or safety of humans, other domestic
animals, or wildlife.
B.
No person shall maintain or feed any animal, domesticated or wild,
in a manner that causes one or more of the following: unsanitary conditions;
accumulation of feces; infestation by insects or rodents; physical
conditions that endanger the health or safety of humans.
C.
Community cat colonies shall be permitted, and caregivers shall be
entitled to maintain them, in accordance with the terms and conditions
of this article.
D.
TNVR programs shall be permitted, in accordance with the terms and
conditions of this article. However, the TNVR program shall not supersede
nor take the place of the provisions, right and responsibilities of
Animal Control Officer under N.J.S.A. Title 4 and NJ Administrative
Code Chapter 8:23A.
E.
Pet owners shall not permit reproductively intact cats to roam at
large.
A.
The municipality believes that the safest place for pet cats is indoors.
The municipality also recognizes that community cats, as defined in
this article, are not, in the vast majority of cases, suitable to
be taken indoors as pets, and their home is outdoors. The municipality
further recognizes the need for new, more effective and humane approaches
to addressing the public health challenges presented by community
cats.
B.
To that end, the municipality finds that proactive community cat
policies are part of the solution to reducing the numbers of community
cats in the municipality and the high rate of euthanasia of feral
cats in animal shelters.
C.
Community cat colonies shall be permitted in the municipality as
part of a community cat management program in accordance with the
following provisions.
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: (1)
review and approve of colony caregivers; (2) help to resolve any complaints
over the conduct of a colony caregiver or of cats within a colony;
(3) 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; and (4) report annually
to the municipality and the Gloucester County Animal Shelter on the
following: (a) number of colonies in the municipality; (b) total number
of cats in colonies; (c) number of cats and kittens spayed and neutered
pursuant to the TNVR program; and (d) number of cats and kittens placed
in permanent homes (5) use due consideration to 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.
B.
Community cat caregivers. Community cat caregivers must ensure community
cats are sterilized, vaccinated against the threat of rabies, microchipped,
and eartipped, 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 an 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.
A.
Trapping of community cats by those who are not community cat caregivers
as defined in this article, sponsors, ACOs, or members of law enforcement
is prohibited unless the person trapping the cats is doing so for
the purpose of providing medical attention for a sick or injured cat
or for the purpose of TNVR. Persons who trap free-roaming cats for
the purpose of TNVR must comply with the provisions of this article.
A.
Injured or sick ear-tipped cats trapped by an ACO. If an ACO traps
an injured or sick ear-tipped cat that requires medical attention,
the ACO shall scan the cat for a microchip. If a microchip is found
which identifies the cat or cat's colony, the officer shall contact
the sponsor or community cat caregiver of the cat who shall then arrange
for medical attention. If the injured or sick cat does not have a
microchip and cannot otherwise be identified by the ACO, the ACO shall
contact the sponsor who will arrange for the cat to receive medical
attention and return the cat to the appropriate colony or place the
cat in another appropriate placement.
B.
Ear-tipped cats inadvertently trapped by an ACO. An ACO who traps
an apparently healthy ear-tipped cat shall immediately release the
cat at the place it was trapped.
C.
Ear-tipped cats deliberately trapped by an ACO; community cat caregiver/sponsor
responsible for nuisance abatement. An ACO who deliberately traps
an ear-tipped cat shall scan the cat for a microchip. If a microchip
is found which identifies the cat or cat's colony, or if the officer
is able to identify the cat by another means, the officer shall contact
the sponsor or community cat caregiver of the cat with a description
of the cat, the microchip number, the location where the cat was trapped,
and the nuisance complaint which caused the Animal Control Officer
to set the trap.
D.
The requirements of this article notwithstanding, ACOs and police
officers may investigate any nuisance complaint. If an ACO or police
officer determines that an ear-tipped community cat is causing a nuisance
as defined by this article, the ACO or police officer shall contact
the sponsor. The sponsor shall begin nuisance abatement procedures
within 48 hours and make all reasonable efforts to resolve the nuisance
in as short a time period as possible, not to exceed 30 days. If the
sponsor fails to resolve the nuisance or remove the cat within 30
days, the ACO may remove the cat.
E.
If an ACO or police officer reasonably determines that a cat is injured
or poses a significant threat to public health or safety, the officer
may reduce the time that the sponsor has to resolve the complaint,
as necessary to protect the cat and public health, before taking further
action. In the case of an emergency, the ACO or police officer may
remove the cat, but within 24 hours, the ACO must provide the sponsor
with notice of the cat's whereabouts and allow the sponsor an opportunity
to retrieve the cat for treatment, return, or relocation.
F.
Factors to be considered during the nuisance abatement process shall
include:
(1)
Health and safety of the public, and other domestic animals and/or
pets.
(2)
Impact on threatened or endangered species, and the general health
of wildlife.
(3)
Recognition of the value of community cat colonies and TNVR in managing
community cat colonies.
(4)
The availability of devices and strategies to minimize nuisance behavior
by community cats that may have caused the complaint.
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 article.
The requirements of this article 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.
A.
Habitual or continuous howling, crying or screaming. No person shall
permit habitually howling, crying or screaming which would annoy or
disturb a reasonable person. An "annoyance or disturbance," for the
purpose of this section, shall be defined as howling, crying or screaming
continuously for a period of 10 minutes or more or intermittently
for 30 minutes or more. A violation of this section shall subject
the owner of the offending cat to the penalties for a violation of
this chapter;
B.
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, is prohibited;
C.
Habitually chasing or otherwise molesting passersby is prohibited;
D.
Habitually trespassing upon public or private grounds is prohibited;
E.
Or, as the case may be under existing local ordinance defining a
nuisance;
F.
Damage to property prohibited. No person owning or in control of
a cat shall allow it to damage any lawn, shrubbery, flowers or grounds
of any public park, public building or other public place within the
Township or upon any private property, or destroy or damage any structure
or equipment on any public park, public building, other public place
or upon any private property;
G.
Nonaltered, nonsterilized, or nonvaccinated cat running at large
is prohibited. It shall be a violation of this chapter for the owner
of any cat or approved TNVR community cat, where such cat has not
been spayed/neutered and vaccinated (and proof is shown thereof by
the owner) and licensed (except as set forth above for licensing exemption)
in accordance with requirements of this chapter and properly displaying
a tag as required, to allow such cat to run at large within the Township/municipality.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person found to be in violation or found to have failed to comply with any of the provisions of this article shall, upon conviction thereof, be subject to the penalty in § 1-15, Violations and penalties, of the Code of the Township of West Deptford. 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.
