[Adopted 7-11-2006 by Ord. No. 2462; amended in its entirety 1-28-2020 by Ord. No. 2831]
As used in this article, the following terms shall have the meanings indicated:
ANIMAL CONTROL PROVIDER
The person or agency contracted, hired or appointed by the City, either directly or by interlocal services agreement, to provide spaying, neutering and rabies vaccinations of all feral cats from the City of Garfield. The Animal Control Provider may be the City's Animal Control Officer as hired, contracted, by request for proposal or quotation or by a joint-services or other interlocal agreement, or appointed by the City.
CAREGIVER
A volunteer, uncompensated person who agrees to serve to facilitate the TNR program within the City in accordance with this article and any rules and regulations that may be established by the City Council. A caregiver shall not be deemed an employee of or volunteer of the City.
CODE OFFICIAL
Any person, agency or department appointed and/or designated by the City who is authorized to investigate violations of laws and regulations concerning cats and to issue citations in accordance with New Jersey law and this article.
EAR TIPPING
The marking of a cat's ear through a surgical procedure performed to the left ear of the cat by a veterinarian.
FEEDING
For the purposes of this ordinance only, "feeding" shall mean to give, place, expose, deposit, distribute or scatter any edible material for the purpose of feeding a feral cat.
FERAL CAT
A cat which is completely or substantially unsocialized to humans. The usual and constant temperament of a feral cat is extreme fear and resistance to contact with humans. Feral cats are either born in the wild, the offspring of tame or feral cats and not socialized; or formerly tame cats who have been abandoned and reverted to an untamed state.
FERAL CAT COLONY
An individual feral cat or group of feral cats which congregate outside as a unit. Any non-feral cat which congregates with a multiple cat colony shall be deemed part of it.
NUISANCE
For the purposes of this article only, "nuisance" shall mean disturbing the peace by habitually howling, crying or screaming, or the unreasonable destruction, desecration or soiling of property against the wishes of the owner of the property.
OWNER
Any person, firm, corporation, partnership, association, trust, estate or any other legal entity.
STRAY CAT
A cat which is regularly off the property of the owner, is not under the physical control and restraint of the owner and is not regularly provided with food by the owner.
SUITABLE SHELTER
A shelter that provides protection from the weather and other elements that is adequate to protect the health of a cat.
TAME CAT
A cat which is socialized to humans and is appropriate as a companion for humans.
TNR
Is an acronym for trap, neuter and return.
TNR COORDINATOR
The person or agency contracted with, hired or appointed by the City to coordinate and monitor the TNR program. The TNR Coordinator shall be the City's municipal humane law enforcement officer as established by N.J.S.A. 4:22-14.2 et seq.
TNR PROGRAM
A program pursuant to which feral and stray cats are trapped, neutered or spayed, vaccinated against rabies, ear tipped and returned to the location where they congregate.
Feral cat colonies shall be permitted, and caregivers shall be entitled to maintain them in accordance with the terms and conditions of this section.
It shall be the duty of the TNR Coordinator to:
A. 
Help, upon the request of a caregiver, coordinate and facilitate the trapping, saying/neutering and/or vaccination of any feral or stray cat in a feral cat colony with the Animal Control Provider and the caregiver;
B. 
Help, upon request of a caregiver, facilitate placement of a weaned kitten of a feral or stray cat with a home, foster home, animal shelter, rescue organization or veterinary office for the purpose of subsequent permanent placement;
C. 
Help resolve any complaints over the conduct of a cat colony caregiver or of cats within a colony;
D. 
Be responsible to administer any costs as provided in the City's agreement with the Animal Control Officer with reference to the TNR program;
E. 
Field and help resolve any complaint over the conduct of a colony caregiver or cats within a colony;
F. 
Review and assemble the records provided by colony caregivers on the registration, size and location of the colonies, as well as the vaccination and spay/neuter records of cats in the caregiver's colonies, prepare the City's forms associated with the registration and reporting of caregivers and colonies, and to turn the records over to the City Clerk in good order for the City Clerk to maintain;
G. 
Maintain a list of registered feral cat colonies and their associated caregiver(s);
H. 
Develop, verify, approve and/or provide a feral cat management training course; and
I. 
Report, seminally, to the City Manager, or his or her designee, the following
(1) 
A list of each registered caregiver and colony;
(2) 
The location of each colony;
(3) 
The size of each colony; and
(4) 
Whether the colony has increased or decreased in size from the prior reporting period.
It shall be the duty of feral cat caregivers to:
A. 
Register the feral cat colony for which he or she cares for with the TNR Coordinator;
B. 
Take steps to vaccinate the colony population for rabies and update the vaccination protocols whenever possible; take steps to get all cats in the colony population spayed or neutered by a licensed veterinarian, or by the Animal Control Provider;
C. 
Maintain photographs and descriptions of cats in the colony, the number of cats in the colony, the location of the colony, proof of spay/neuter and vaccination records;
D. 
Provide food, water and, if feasible, suitable shelter for the colony cats;
E. 
Observe the colony cats and keep a record of any illnesses or unusual behavior noticed in any colony cats;
F. 
Take steps, in the event that kittens are born to colony cat, to remove the kittens from the colony after they have been weaned, and place the kittens in homes, foster homes or with animal shelter, rescue organization or veterinary officer for the purpose of subsequent permanent placement;
G. 
Make best efforts to obtain proper medical attention for any colony cat who appears to require it;
H. 
Undergo training for themselves and their responsible substitutes, if applicable, in the proper management of a colony as developed, verified and/or approved by the TNR Coordinator within 90 days of the date of registration as a caregiver of a cat colony and provide proof of completion of said training to the TNR Coordinator;
I. 
Set up consistent and monitored feeding schedules. Feeding shall be limited to between sunrise and 8:00 p.m. Any food not consumed by the cat colony shall be picked up by the caregiver by 8:00 p.m.;
J. 
Have all cats in the colony ear tipped;
K. 
Obtain written approval of the owner of any property that is not the property of the caregiver on which the cat colony is located or over which the caregiver requires access so as to provide the cat colony care. The written approval shall be filed with the Code Official by the caregiver. If the caregiver is unable to obtain written approval because either the property upon which the colony is located or the access property is abandoned, unused or unoccupied, the caregiver shall send a request for approval to the owner of the property as listed on the current tac rolls by certified mail, return receipt requested. If no response if forthcoming for 10 days from the date the written request is delivered, the caregiver shall send a second request for approval to the owner of the property as listed on the current tax rolls by certified mail, return receipt requested. If no response is forthcoming for 10 days from the date the written second request is delivered, the caregiver may file a certification with the Code Official setting forth the two failed attempts and attaching the two certified mail receipts after which approval shall be presumed until the property owner's written response is obtained or the property owner notifies the City, in writing, that permission is denied or rescinded.
L. 
Report semiannually in writing, on form(s) prepared by the City, the status of the colony for which they care for with said report to include, at a minimum:
(1) 
The total number of cats in the colony, including data on the number and gender of all cats in the colony,
(2) 
The number of cats who died or otherwise ceased being part of the colony since the last reporting period,
(3) 
The number of kittens born to the colony and their disposition,
(4) 
The number of cats spayed and neutered;
(5) 
The number of cats placed in permanent homes as companion cats.
The City shall establish a fund or provide services to offset the costs of trapping, neutering and vaccinating captured feral cats that can be returned to an appropriate, controlled, protected and registered colony site. Caregivers for such colonies, whether one or several animals, may be aided by the City in providing traps for the capture of the cat, transportation to a spay/neuter facility and offsetting costs, to the extent that funding is available. The City shall prepare the necessary forms and criteria necessary for a caregiver to apply for and obtain reimbursement for any vaccinations or spaying/neutering as contemplated by the TNR Program. In the event that the City's Animal Control Officer does not provide spaying, neutering and rabies vaccinations of feral cats, the City shall establish a line item in the budget to provide such services with said budget item to be administered by the TNR Coordinator subject to applicable law and regulation.
Any person undertaking the duties and responsibilities of a cat colony caregiver shall be registered with the City at no cost. A registered caregiver shall not be considered an owner in or be subject to regulations governing ownership or control of an animal, except as specified in this subsection. Nothing in this section shall be interpreted to change the caregiver's status as an owner or the applicability of regulations regarding ownership or control of an animal for any animal they own or control other than those in the cat colony.
The City shall retain the following rights:
A. 
The right to seize or remove from a colony cats which have not been vaccinated against rabies and who are demonstrating signs of the disease.
B. 
The right to seize or remove from a colony a cat which is creating a nuisance after the caregiver has been given 60 days to resolve the complaint or remove and relocate the cat and has failed or refused to do so.
C. 
The right to remove or replace a caregiver who fails to comply with the responsibilities and requirements of this section after reasonable notice is provided to the caregiver of noncompliance.
D. 
The right to seize or remove a colony of cats when the caregiver regularly fails to comply with the requirements of this section.
The requirements of this section notwithstanding, Code Officials and police officers may investigate any nuisance complaint. If a Code Official and/or police officer determines that an ear-tipped feral colony cat is causing a nuisance as defined by this article, Code Official and/or police officer shall notify the TNR Coordinator who shall contact the caregiver. The caregiver must begin nuisance abatement within 48 hours of being notified of a nuisance and must take all reasonable steps necessary to resolve the nuisance in as short a time period as possible, not to exceed 40 days. If the caregiver fails to resolve the nuisance or remove the cat(s) causing the nuisance within the 60 days, the City may remove the cat(s). If the caregiver seeks the help of the TNR Coordinator in resolving the nuisance through removal of the cat(s), the TNR Coordinator shall coordinate the trapping of the cat(s) with the Animal Control Officer or outside service with costs of said trapping being borne by the City. If a Code Official or police officer reasonably determines that a cat is injured or poses a significant threat to public health, the City may reduce the time that the caregiver has to resolve the complaint, as necessary to protect the cat(s) and public health, before taking further action. In the case of an emergency, the City may remove the cat, but within 24 hours of removal the City must provide the caregiver with notice of the cat(s)' whereabouts and allow the caregiver the opportunity to retrieve the cat for treatment, return or relocation. Any agreement that the City enters into with an animal control officer shall contain a provision that effectuates same.
This section shall be enforced by the Code Official or Police Department and any other department hereinafter designated by the City Manager.
All feral cat colonies and caregivers registered with the City prior to January 1, 2020 shall have one year from the effective date of this article in which to become compliant with § 80-39H relating to TNR training and six months from the effective date to comply with § 80-39C and L relating to documentation of feral cats. All other provisions of this article shall be effective upon final passage according to law.