[Adopted 9-6-1994 by Ord. No. 1994-556]
This article may be cited as the "Borough of Spotswood Cat Licensing
and Rabies Vaccination Ordinance."
As used in this article, the following terms shall have the
meanings indicated:
Any person or agency designated and/or certified by the State
of New Jersey to enforce the provisions of this article.
Any member of the domestic feline species; male or female,
and whether or not neutered.
Any cat which has attained the age of seven months or which
possesses a set of permanent teeth.
A wild or stray cat that is not owned by an owner, as defined
herein.
[Added 8-27-2012 by Ord. No. 2012-08]
To provide food, shelter, health care or any other care to
cats, whether on a regular or irregular basis, and whether the cats
are vaccinated or housed.
[Added 8-27-2012 by Ord. No. 2012-08]
Rendered permanently incapable of reproduction as certified
by a licensed veterinarian.
When applied to the proprietorship of a cat, includes every
person having a right of property or custody in such cat and every
person who has a cat in his or her keeping, or who harbors or maintains
a cat or knowingly permits a cat to remain on or about any premises
occupied by that person.
Any cat which has attacked or bitten any human being without
provocation.
A.Â
Vaccination requirements. No person shall own, keep, harbor or maintain a cat within the Borough of Spotswood unless such cat is vaccinated and licensed. All cats shall be vaccinated against rabies by a licensed veterinarian in accordance with the latest "Compendium of Animal Rabies Vaccines and Recommendations for Immunization" published by the National Association of State Public Health Veterinarians, except as provided for in Subsection C below. The provisions of this section do not apply to cats held in a kennel, pound, licensed animal shelter, pet shop, state or federal licensed research facility or veterinary establishment where cats are received or kept for diagnostic, medical, surgical or other treatment.
B.Â
Vaccination certificate. A certificate of vaccination shall be issued
to the owner of each cat vaccinated. This certificate shall be in
the form recommended by the State of New Jersey.
C.Â
Exemptions. Any cat may be exempted by the Borough Clerk from the
requirements of such vaccination for a specified period of time upon
presentation to the Borough Clerk of a veterinarian certificate stating
that because of an infirmity or other physical condition, or regimen
or therapy, the inoculation of such cat should be deemed inadvisable.
A.Â
License requirement.
(1)Â
No person shall own, keep or harbor any cat within the Borough of
Spotswood without first obtaining a license therefor to be issued
by the Borough Clerk upon application by the person owning, keeping
or harboring the cat and upon payment of the prescribed fee. Any person
who owns, keeps or harbors a cat shall, in the month of January and
renewal thereof shall expire on January 31, the following year, apply
for and receive from the Borough Clerk a license and official metal
registration tag for each cat owned, kept or harbored, and shall place
upon each such cat a collar with the registration tag securely fastened
thereto. The owner of any newly acquired cat of licensing age or of
any cat which attains licensing age shall make application for a license
and registration tag for that cat within 10 days of acquiring the
cat or of the cat attaining licensing age. Any person who shall bring
or cause to be brought into the Borough of Spotswood any cat licensed
in another state for the current year bearing a registration tag,
and who shall keep the cat within the Borough for a period of more
than 90 days, shall immediately apply for a license and registration
tag for that cat. Any person who shall bring or cause to be brought
into the Borough any unlicensed cat and who shall keep the cat within
the Borough for more than 10 days shall immediately apply for a license
and registration tag for that cat.
(2)Â
Licenses for not more than five cats for any one household may be issued for the same licensing period. Any additional cat shall make the person or persons owning or harboring it liable for owning or harboring an unlicensed cat unless such person or persons shall be holder of a kennel or pet shop license. This article shall commence on January 1, 1995. This article shall be read in conjunction with § 46-2A(1)(e) and in no instance shall any one household be issued more than a total of five licenses for dogs and cats combined.
[Added 11-21-1994 by Ord. No. 1994-564]
B.Â
Removal of tag prohibited. No person except an officer in the performance
of his duty shall remove a registration tag from the collar of any
cat without the consent of the owner, nor shall any person attach
a registration tag to a cat for which it was not issued.
C.Â
Proof of licensing. Proof of licensing shall be produced by any person
owning, keeping, maintaining or harboring a cat upon the request of
any health official, police officer, Animal Control Officer or other
authorized person.
D.Â
Fees; renewal. A person applying for the license and registration
tag shall pay a fee of $8.20 for each unneutered cat and $5.20 for
each neutered cat; for each annual renewal, the fee for the license
shall be the same as for the original license. Each cat license and
registration tag shall expire on the last day of January of the calendar
year following the calendar year in which it was issued. Accordingly,
all license fees shall be due and payable no later than the last day
of January. The license fee shall not be prorated for a portion of
the year of initial licensing. Persons who fail to obtain licenses
as required within the time period specified in this section, will
be subject to a delinquent fee of $5, in addition to any penalty previously
set forth below.
E.Â
Application. The application shall state the breed, sex, age, color
and markings of the cat for which the license and registration are
sought, and whether it is of a long- or short-haired variety; also
the name, street and post office address of the owner and the person
who shall keep or harbor such cat. The information on said application
and the registration number issued for the cat shall be preserved
for a period of three years by the Borough Clerk.
F.Â
Any valid New Jersey license tag issued by a New Jersey municipality
shall be accepted by this municipality as evidence of compliance.
License fees and other moneys collected or received under the
provisions of this article shall be forwarded to the Treasurer of
the Borough of Spotswood and shall be placed in a special account
separate from any of the other accounts of the Borough of Spotswood
and shall be used for the following purposes only: collecting, keeping
and disposing of cats liable to seizure, local prevention and control
of rabies, providing anti-rabies treatment under the direction of
the Board of Health for any person known or suspected to have been
exposed to rabies, or administering the provisions of this article.
Any unexpended balance remaining in such special account shall be
retained until the end of the third fiscal year following and may
be used for any of the purposes set forth in this section. At the
end of the third fiscal year following and at the end of each fiscal
year thereafter, there shall be transferred from said special account
to the general funds of the Borough any amount then in such account
which is in excess of the total amount paid into the special account
during the last two fiscal years next preceding.
Except as otherwise provided in this article, any person who violates or who fails, or refuses to comply with this article, shall be liable to a penalty as prescribed in Article II, General Penalty, of this Code for each offense, to be recovered by and in the name of the municipality.
The provisions of § 46-5 regarding dog canvass is hereby made applicable to cats.
[Amended 5-3-2021 by Ord. No. 2021-05]
A.Â
ABANDONED CAT
ANIMAL CONTROL OFFICER
CAT
COLONY CAT
DOMESTICATED CAT
EARMARKED
FERAL CAT
FERAL CAT CAREGIVER
FERAL CAT COLONY
FREE-ROAMING CAT
MANAGED CAT COLONY
NUISANCE
OWNER
RESCUE GROUP
SPONSOR OF THE TNVR PROGRAM
STRAY CAT
SUITABLE SHELTER
TNVR
TNVR PROGRAM
ZOONOTIC DISEASE
Definitions. The following words and terms shall have the meanings
herein indicated for purposes of this section.
A domesticated cat or free-roaming cat whose owner or caregiver
has either forsaken it entirely, has neglected or refused to provide
it care and support, or has otherwise relinquished title in or a claim
to the domesticated or stray cat and has turned it out into the wild.
A person employed or appointed by the Borough who is authorized
to investigate violations of laws and regulations concerning animals,
and to issue citations in accordance with New Jersey law and this
Code.
Any member of the domestic feline species felis catus.
Any cat associated with or living in a feral cat colony.
A cat that has an owner and which is typically not off the
property of the owner, not outside the residence of the owner, is
under the physical control and restraint of the owner and is regularly
provided with food by its owner.
A tagged, notched or tipped left ear as performed by a licensed
veterinarian.
A wild or stray cat that is not owned or a cat that has no
identifiable owner and which is unsocialized to humans and has a permanent
temperament of extreme fear of and resistance to contact with humans.
Any person who cares for feral cats and/or provides food,
care and/or shelter for feral cats and is willing to comply with the
responsibilities and requirements set forth in this MOU.
A group of cats that congregate, more or less, together as
a unit. Although not every cat in a colony may be feral, any nonferal
cats that congregate with a colony shall be deemed to be a part of
it.
A cat that has an owner but which frequently roams outdoors,
is regularly off the property of the owner, is not under the physical
control and restraint of the owner but is regularly provided with
food by its owner.
Spaying and neutering the cats to stabilize the population
of the feral cat colony.
For purposes of this section, means 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.
For purposes of this section, means any person, firm, corporation,
partnership, association, trust, estate, or any other legal entity
possessing, maintaining, housing, or harboring any cat or otherwise
having a right of property in the cat.
A for-profit or not-for-profit entity, or a collaboration
of individuals with at least one of its purposes being the adoption
or placement of cats in homes with humans to serve as companion animals.
A duly authorized animal shelter or organization under the
authority of New Jersey State law Title 4, and having such authority
within the County of Middlesex, and the Borough of Spotswood, which
shall be as designated by the Mayor from time to time.
A cat that has an owner but which frequently roams outdoors,
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 its owner.
Shelter that provides protection from rain, sun, and other
elements that is adequate to protect the health of the cat.
Trap, neuter, vaccinate and return.
A program pursuant to which feral and stray cats are trapped,
identified, neutered or spayed, vaccinated against rabies and returned
to the location where they were trapped.
Those diseases transmittable to humans from animals, including
parasitic, bacterial, fungal and viral diseases, including but not
limited to zoonotic influenza; salmonellosis; West Nile virus; plague;
rabies; brucellosis; Lyme disease.
B.Â
Sponsor and sponsor requirements. The TNVR program shall be implemented
by a sponsor which shall:
(1)Â
Review feral colony caregivers and make recommendations to the Borough
Animal Control Officer as to the approval of feral colony caregivers;
(2)Â
Help to resolve any complaints made regarding the conduct of a colony
caregiver or of cats with or belonging to a colony;
(3)Â
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;
(4)Â
Report monthly to the Borough on the following:
(a)Â
Number of feral colonies in the Borough;
(b)Â
Total number of feral cats in colonies;
(c)Â
Number of cats and kittens spayed and neutered pursuant to the
TNVR program;
(d)Â
Number of cats and kittens placed in permanent homes; and
(e)Â
Any other information that may be required from time to time
by the Borough of the Animal Control Officer;
(5)Â
Report immediately to the Borough and the Animal Control Officer
any instances of zoonotic diseases being detected in any cat that
was or has been trapped as part of TNVR or in any feral cat colony;
(6)Â
Register feral cat colonies;
(7)Â
Take reasonable steps, in the event a cat trapped as part of a TNVR
program appears to be a domesticated cat or stray cat, to return the
domesticated cat or stray cat to its owner;
(8)Â
Shall confer with the Animal Control Officer as to implementing humanely
capturing, trapping, neutering, vaccinating, identifying and spaying
or neutering feral cats, provided that the Animal Control Officer
shall have the final decision on these issues;
(9)Â
Prior to entering upon any land for the purpose of the TNVR program,
the sponsor shall obtain the landowners' written permission,
which shall be kept on file and maintained by the sponsor and shall
be produced to the Borough upon written request in 48 hours;
(10)Â
Schedule surgical dates for all TNVR activities;
(11)Â
Be responsible for humanely trapping, vaccinating, and spaying
or neutering of feral cats.
C.Â
Feral cat caregiver requirements.
(1)Â
Feral cat caregivers are responsible for the following:
(a)Â
Registering as a feral cat caregiver with the sponsor, once
approved. If not approved, cannot and shall not interfere with the
feral cat colony program or interact with feral cats whatsoever;
(b)Â
Registering the feral cat colony with the sponsor;
(c)Â
Taking steps that are reasonably likely to result in the vaccination
of the colony population for rabies and making reasonable efforts
to update the vaccinations on cats that can be recaptured;
(d)Â
Taking steps that are reasonably likely to result in the sterilization
of at least 90% of the colony population;
(e)Â
Providing the sponsor with descriptions of each cat in the colony
and copies of documents evidencing that the cats have been vaccinated
and spayed/neutered;
(f)Â
Providing food, water and, if feasible, shelter for colony cats
at their sole cost and expense;
(g)Â
Feeding cat colony on a schedule approved by sponsor and return
to location within two hours to clean and maintain area as required;
(h)Â
Observing the colony cats at least twice per week and keeping
a record of any illnesses or unusual behavior noticed in any colony
cats;
(i)Â
Obtaining the approval, in writing, of the owner of any property
to which the caregiver requires access;
(j)Â
Acknowledging that in the absence of written approval from a
property owner, a feral cat caregiver is prohibited from entering
onto private property to feed feral cats;
(k)Â
In the event that kittens are born to a colony cat, the caregiver
shall take all reasonable steps likely to result in the removal of
the kittens from the colony after that have been weaned, and the placement
of the kittens in homes or foster homes for the purpose of subsequent
permanent placement or with the sponsor for subsequent permanent placement;
(l)Â
Reporting annually, in writing, 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;
(m)Â
Obtaining proper medical attention to any colony cat that appears
to require it;
(n)Â
Taking reasonable steps to prevent cats from creating a nuisance
in adjacent properties;
(o)Â
Taking reasonable steps, in the event a cat trapped as part
of a TNVR program appears to be a domesticated cat or stray cat, to
return the domesticated cat or stray cat to its owner.
(2)Â
Any person who violates or fails or refuses to comply with the provisions
enunciated herein and is reported to the sponsor of a feral caregiver
of their violation, failure or refusal to comply shall be liable to
a penalty of not less than $50 per violation or offense, to be paid
to the sponsor or the animal control center, to be decided by the
Mayor, within five days of the written violation and notice to the
feral caregiver.
(3)Â
No person shall hinder, molest or otherwise interfere with any person
authorized or empowered to perform any duty herein provided.
D.Â
Colony cat requirements.
(1)Â
The left ear of a colony cat that has been spayed or neutered and
vaccinated as part of a TNVR program shall be ear-tipped.
(2)Â
An electronic animal identification device (EAID) shall be inserted
into the cat by a veterinarian in accordance with professional medical
standards. The colony number shall be used for purposes of the EAID.
Any cat with an EAID bearing a colony number that is later determined
to be a domesticated or stray cat, the sponsor shall have the EAID
information changed at no charge to the owner.
E.Â
Disposition of colony cats.
(1)Â
An Animal Control Officer or sponsor who has trapped a cat whose
left ear has been tipped or which bears some other distinguishing
mark indicating that it belongs to a feral cat colony shall scan any
cat trapped or picked up for an EAID. If an EAID is found, the officer
shall return the cat to its colony or its owner. If an EAID is not
found, the officer shall contact the sponsor immediately.
(2)Â
If the cat does not have an EAID, then the Animal Control Officer
shall contact the sponsor so that the cat can be properly placed in
a colony. If the cat is obviously an owner domestic cat, the sponsor
shall arrange for care for the cat until the owner is located and
may determine the disposition of the cat in those circumstances where
the domestic cat's owner cannot be located. If the cat does not
have an EAID and the owner cannot be located, then the sponsor will
nevertheless treat the cat as any stray with a seven-day holding period.
F.Â
Registration of feral cat colonies. The sponsor shall register feral
cat colonies maintained by approved caregivers. Feral cat colonies
within the Borough that are not registered by the sponsor are not
entitled to any benefits or protections. On an annual basis, the sponsor
shall provide the Borough with a colony management plan for the Borough
containing all registered feral cat colonies with information on the
number of cats, anticipated rate of attrition and the length of project,
efforts to deter predation and to prevent immigration of more cats
into each colony. The list of registered feral cat colonies and the
annual colony management plan shall be filed with the Borough Manager.
G.Â
Costs. The costs of implementing the TNVR program shall be at an
amount to be approved by the Borough including the costs of medical
services related to neutering, ear-tip, rabies vaccination, distemper
vaccination, microchip and blood test for each cat. Any additional
medical services shall be at the discretion of an approved veterinarian.
H.Â
Implementation. The sponsor, the Borough Animal Control Officer and
approved caregivers shall coordinate the transportation to and from
the sponsor for the purpose of this TNVR program.
I.Â
Breach. Any individual found feeding or in any way attracting, harboring,
caring or maintaining feral cat colonies without complying with the
provisions of this chapter shall be deemed in violation and will be
responsible for any costs incurred by the Borough in the process of
collecting, capturing and surrendering of said feral cats, as well
as any fines or penalties provided hereunder.
The provisions of § 46-7B regarding access to premises is hereby made applicable to cats.
The removal of animal feces (Ordinance 1986-339) is hereby made
applicable to cats.[1]
A.Â
When applicable. When any dog or cat attacks or bites a human being,
the Chief of Police or his representative may order the owner of the
dog or cat to confine it, either on the owner's premises or any other
reasonable location which he designates, for a period of at least
10 days. The expenses of confining the dog or cat shall be borne by
the owner.
B.Â
Examination of quarantined dogs and cats. The Chief of Police or
his representative shall have the right to examine any dog or cat
confined under the provisions of this article at any reasonable time,
including daily examinations, for a period of 10 days after the dog
or cat has attached or bitten any person, to ascertain whether the
animal shows symptoms of rabies.
C.Â
Release from quarantine. Regardless of whether or not the period
of time from which the owner was directed to confine the dog or cat
has expired, no dog or cat confined under the provisions of this article
shall be released from quarantine until the Chief of Police issues
a certificate of release. The certificate shall only be issued after
either the person designated by the Chief of Police or his representative
to examine the dog or cat or a licensed veterinarian has certified,
in writing, that the animal appears to be healthy and free from rabies.
D.Â
Imposition of general quarantine. Whenever the Chief of Police or
his representative is notified by the State Department of Health or
other appropriate agency that there is danger of an epidemic of rabies
in the Borough of Spotswood, he shall order all persons owning or
having custody of dogs or cats in the Borough to keep their dogs and
cats confined to their own premises. Notice that an order has been
issued may be either written or oral and may be served personally,
by mail, by publication in a newspaper circulating in the Borough,
by conspicuously posting it in public places, or by any other method
calculated to actually reach the person affected.
The Chief of Police and the Animal Control Officer shall have
the primary duty of enforcing this article.