Outdoor cats as defined in § 108-1 which are allowed to roam freely outdoors by their owners shall wear a collar and tag.
A. 
Community cat colonies may be permitted and caregivers shall maintain said colonies in accordance with the terms and conditions of this article.
B. 
The Township shall not be liable for any costs related to the implementation of and/or the daily operation of the Trap Neuter Vaccinate and Return program.
C. 
TNVR program requirements:
(1) 
Community cat colonies shall only be cared for on private property.
(a) 
The location of community cat colonies must be cared for in compliance with trespassing and property laws.
(b) 
Community cat caregivers must obtain permission from land owner(s) before caring for a cat colony on private land including but not limited to leased or multi-family residential property.
(c) 
It is unlawful for any person to feed feral cats on any property owned by the Township of Hamilton unless provided prior written authorization by the Township of Hamilton.
(d) 
Property Owners who have not provided written permission to a community cat caregiver for the care of a community cat colony on private land reserve the right to demand the Township remove said colony off their property.
(2) 
Community Cat Caregivers shall make all reasonable efforts to ensure community cats are sterilized, vaccinated against the threat of rabies, provided care, including sufficient food and water, shelter and medical care to the cats, and ear-tipped, and must cooperate with the Township of Hamilton to abate any nuisance as defined in Chapter 317. If these requirements are met the community cat is exempted from licensing, stray and at-large provisions of this chapter.
(3) 
Community cat colonies shall be maintained in a sanitary manner, where the cats are free from disease, stress, and hunger. The Township reserves the right to limit the number of individual cats in a community cat colony when the community cat caregiver is unable to supply sufficient food and water, medical care and substitute community caregiver cannot be assigned.
(4) 
Nothing in this section shall be deemed to prohibit or limit the authority of Animal Control Officers and/or other authorized officials to remove or authorize the removal of any community cat because of an immediate public health or safety concern.
D. 
Responsibilities of caregiver:
(1) 
The caregiver shall make all reasonable efforts to provide community cats under their care certain necessities on a regular/ongoing basis including but not limited to sufficient food, sufficient visibly clean and fresh water, proper shelter and protection from weather; veterinary care as needed to prevent suffering; and humane care and treatment. If medical care is unavailable or too expensive, the community cat caregiver must not allow the cat to suffer.
(a) 
Feeding areas must have food only during the 6:00 am to 9:00 pm hours and must be maintained in a clean and sanitary condition. Food must be offered to cats in a container and shall not be dumped on the ground. Any food remaining after cats have eaten must be removed by 9:00 p.m.
(b) 
All community cat caregivers shall make all reasonable efforts to vaccinate the community cat colony population for rabies.
(c) 
All community cat caregivers shall make all reasonable efforts to spay/neuter, by a licensed veterinarian, at least 90% of the community cat colony population.
(d) 
All community cat caregivers shall make all reasonable efforts to ear-tip community cats in their community for easy identification purposes.
(2) 
It shall be unlawful for the caregiver to allow the community cat(s) to create a nuisance.
(3) 
In the event that kittens are born to a colony cat, the community cat caregiver shall take steps to remove the kittens from the colony after they have been weaned for placement of the kittens in homes or foster homes for the purpose of subsequent permanent placement.
(4) 
In order for a community cat to be identified, all community caregivers must microchip any and all trapped community cats for which the caregiver is responsible.
(5) 
In order for a community cat to be identified, all community caregivers shall make reasonable efforts to microchip any previously ear-tipped community cats.
E. 
Nuisance: A nuisance by a community cat or colony is set forth in Chapter 317, Nuisance, of the Township Code.
F. 
Nuisance abatement process and mitigation:
(1) 
Upon the notice of violation, the community cat caregiver shall abate the nuisance within 48 hours and make all reasonable efforts to resolve the nuisance as quickly as possible, not to exceed 30 days. If the community cat caregiver is unable to resolve the nuisance within 30 days, the caregiver may apply to the Director of Heath, Recreation, Senior and Veterans Services in writing for a good faith extension of time.
(2) 
If the Township determines that a cat is injured or poses a significant threat to public health, the Township reserves the right to terminate the compliance period and seize the cat or colony.
(3) 
In the case of a natural disaster or medical/veterinary emergency, the Animal Control Officer or police officer may remove the cat, but within 24 hours or as soon thereafter as practicable the Animal Control Officer should provide any known caregiver or owner with notice of the community cat's whereabouts and allow the caregiver or owner an opportunity to retrieve the cat for treatment, return, or relocation.
G. 
Ear-tipped community cats:
(1) 
An ACO who has trapped a community cat whose left ear has been tipped or which bears some other distinguishing mark indicating that it belongs to a community cat colony shall transport the cat to the Hamilton Township Animal Shelter, where the cat will be scanned for a microchip. If a registered microchip is found, the registered caregiver will be contacted and advised that the cat is located at the shelter.
(2) 
The caregiver shall be responsible for retrieving the community cat from the Hamilton Township Animal Shelter within seven business days or advising the shelter if the owner or caregiver does not intend to retrieve the community cat. If the caretaker retrieves the community cat, they must release the community cat back to its colony, assuming the animal is neither sick, rabid, injured or otherwise unwell. If no identification, microchip or information of caregiver is available to Hamilton Township Animal Shelter, a stray hold period of seven days will be maintained as per N.J.S.A. 4:19-15.16(d) as same may be amended.
(3) 
If a trapped community cat is suspected of being rabid, the animal will be immediately reported to the Health Officer of the Township of Hamilton and shall be quarantined and all provisions of N.J.S.A. 4:19-15.16(j) as same may be amended shall be followed.
H. 
Enforcement of community cat management. The Township of Hamilton shall have the following rights:
(1) 
The right to seize or remove cats from a colony which 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 which is creating a nuisance as defined in this chapter, after the community cat caregiver has been given 30 days to resolve the nuisance.
(3) 
The right to seize or remove a cat or colony when the community caregiver fails to comply with the colony care requirements of this chapter and the caregiver has not been able to obtain a replacement or substitute caregiver within 30 days of the Township of Hamilton or ACO having given notice to the caregiver.
I. 
Abandonment exception:
(1) 
Only the community cat caregiver who cares for a particular community cat colony may place a community cat from said colony back within the colony however, no other cats may be placed in the colony.
(2) 
An ACO may return a community cat back to its established colony, if known, however no other cats may be placed in the colony.