[Added 8-9-2021 by Ord. No. BH-21-002]
For the purpose of this chapter, the following terms shall have the meaning set forth in this section. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular, words in the singular number include the plural, and words in the male gender include the female gender.
ABANDON
To forsake a cat entirely or neglect to provide appropriate care and support for a cat.
ANIMAL CONTROL OFFICER
Any 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 the Borough Code.
CARETAKER
Any person who provides food, water or shelter to or otherwise cares for a cat, and who has been appropriately trained as a caregiver.
DAYLIGHT HOURS
Hours during the day after dawn until dusk.
[Amended 12-12-2022 by Ord. No. BH-22-001]
DOMESTICATED CAT
A cat that is a companion to a person, is regularly fed and sheltered in that same person's habitation and carries visible indicia or ownership, including a collar or tag.
EAR TIPPING
Straight-line cutting of the tip of the left ear of a cat by a licensed veterinarian while the cat is anesthetized.
FERAL CAT
A cat that is completely or substantially unsocialized to humans and is not an owned or licensed cat.
FERAL CAT COLONY
A group of feral or stray cats that congregate together outside as a unit and share a common food source.
NUISANCE
Conduct by feral or stray cats that disturbs the peace or causes any condition that threatens or endangers the health, safety, or well-being of persons or other animals, including, but not limited to:
a. 
Habitually or continually howling, crying or screaming;
b. 
Molesting or interfering with persons in the public right-of-way;
c. 
The habitual and significant destruction, desecration or soiling of property against the wishes of the owner of the property; or
d. 
Attacking or injuring persons or domestic animals.
STRAY CAT
A cat that is socialized to humans and is not an owned cat.
SUITABLE SHELTER
A structure that provides feral and stray cats with protection from the sun, cold, rain and other weather-related elements to protect the health of the cats.
TNR
The method of managing feral and stray cats known as "trap, neuter and return."
TNR PROGRAM
A municipal 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 were captured or congregate by a caretaker in accordance with this chapter.
[Added 8-9-2021 by Ord. No. BH-21-002]
a. 
Owners of domesticated cats shall provide appropriate and adequate food, water and shelter for their cats.
b. 
The owner of a domesticated cat shall exercise reasonable care to guard against the cat creating a nuisance.
c. 
The owner of a sexually intact (not spayed or neutered) domesticated cat shall not permit his/her cat to roam unsupervised.
d. 
An owner shall not under any circumstances abandon a domesticated cat. Affirmatively placing a cat at the location of a feral cat colony on property belonging to another individual or entity shall be considered abandonment.
[Added 8-9-2021 by Ord. No. BH-21-002]
A TNR program shall be permitted, and caretakers shall be entitled to maintain feral cat colonies in accordance with the terms and conditions of this chapter.
[Added 8-9-2021 by Ord. No. BH-21-002]
a. 
A person shall be deemed a caretaker if he/she provides food, water or shelter to a feral cat or cats in their colonies.
b. 
Caretakers are required to feed the cats in their colonies as part of properly managing the colonies. As part of this requirement, caretakers must:
1. 
Feed only during daylight hours;
2. 
Feed only the amount of food required by the cats in the colony;
3. 
Leave food out for a maximum of one hour per feeding, no more than twice per day, which shall mean removing all food dishes after each one-hour feeding;
4. 
A bowl or similar small container with fresh water may be left out at all times; and
5. 
Feeding must take place in the location least likely to cause a nuisance to tenants, neighbors, customers, and the general public.
c. 
It shall be unlawful to feed feral cats who are not spayed/neutered, ear-tipped and vaccinated in accordance with this chapter, unless the caregiver is in the process of trying to trap the cats for spay/neuter, ear-tipping and vaccination. Animal control officer(s) shall be empowered to give a warning notice to any individual feeding one or more feral cats not spayed/neutered, ear-tipped and vaccinated in accordance with this chapter. The warning notice shall require the individual to contact the animal control officer(s) within 15 days to obtain assistance in getting the cat(s) spayed/neutered, ear-tipped and vaccinated in order to be brought into compliance with this chapter. Failure to make such contact within 15 days and cooperate with the animal control officer(s) in meeting the requirements of this section will subject the violator to a maximum fine of $100 per cat, per offense.
[Added 8-9-2021 by Ord. No. BH-21-002]
It shall be the responsibility of a caretaker to:
a. 
Make reasonable efforts to trap all cats in a registered colony and have all trapped cats neutered or spayed, vaccinated against rabies and ear-tipped by a licensed veterinarian, as deemed medically necessary;
b. 
Keep and maintain vaccination, neuter/spay, and medical records for all trapped cats and provide the Borough with copies of vaccination and neuter/spay records for all trapped cats upon request;
c. 
Provide adequate food and water on a regular basis to colony cats and make reasonable efforts to ensure suitable shelter for colony cats;
d. 
Obtain proper medical attention for any colony cat that appears to require it;
e. 
Make reasonable efforts to remove and place stray cats and kittens born to colony cats after they have been weaned in homes, foster homes, or with animal shelters, rescue organizations or veterinary offices for the purpose of subsequent permanent placement;
f. 
Make reasonable efforts to work with the Moonachie Health Department via the animal control officer(s) to resolve any complaints over the conduct of the caretaker or of colony cats managed by the caretaker.
[Added 8-9-2021 by Ord. No. BH-21-002]
a. 
If an animal control officer determines that a feral colony cat is causing a nuisance as defined by this chapter, or state law, the caretaker must begin nuisance abatement procedures within 48 hours after being notified of a nuisance by the Borough and must take all reasonable steps to resolve the nuisance in as short a time period as possible, not to exceed 30 days.
b. 
The Borough reserves the right to issue a summons up to $500 if a caretaker fails to prevent a nuisance within 30 days or face further action.
[Added 8-9-2021 by Ord. No. BH-21-002]
a. 
The Borough and/or animal control officer retain the right to:
1. 
Seize or remove any cat from a colony that is demonstrating signs of rabies and is not up to date with rabies vaccinations.
2. 
Investigate any nuisance complaint allegedly caused by a feral or stray cat or feral cat colony.
3. 
Seize or remove a cat from a colony creating a nuisance as defined by this chapter or state law, after the caretaker has been given 30 days to abate the nuisance or remove the cat and has failed to do so.
4. 
Seize and remove a registered feral cat colony if the caretaker regularly fails to comply with the requirements of this chapter and does not correct the situation within 30 days of being given written notice by the Borough delineating the caretaker's failures with specificity.
b. 
The requirements of this section notwithstanding, animal control officer(s) may investigate any nuisance complaint. If an animal control officer determines that an ear-tipped feral colony cat is causing a nuisance as defined by this chapter and the caretaker fails to resolve the nuisance or remove the cat within 30 days, the animal control officer may remove the cat. If an animal control officer reasonably determines that a cat is injured or poses a significant threat to public health, the officer may reduce the time that the caretaker 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 animal control officer or a law enforcement officer may remove the cat, but within 24 hours the Borough must provide the caretaker with notice of the cat's whereabouts and allow the caretaker an opportunity to retrieve the cat for treatment, return, or relocation.
[Added 8-9-2021 by Ord. No. BH-21-002]
Any person who knowingly releases any domestic or nonspayed or nonneutered cat into the community shall be in violation of this chapter and upon conviction thereof, for each offense, pay a penalty of not less than $100 or more than $1,250 and/or community service for a period not exceeding 90 days, in the discretion of the Municipal Court.