[5-16-2022 by Ord. No. 2022-09[1]]
As used in this article, the following terms shall have the
meanings indicated:
As to a cat means that the cat has an appearance that an
owner has forsaken a domesticated cat entirely, or the cat appears
to be deprived of care, shelter and support.
For the purpose of this article, "animal" shall mean "cat."
Any person or agency designated or certified by the State
of New Jersey to enforce the provisions of this article.
Any member of the domestic feline species, male, female or
altered.
DOMESTICATED CATA cat that is socialized to humans and appears appropriate as a companion for humans as determined by the Animal Control Authority.
FERAL CATA cat that appears to exist in a wild or untamed state either due to circumstances of birth or conversion to a wild state of a previously domesticated cat after living out of doors for a period of time as determined by the Animal Control Authority.
Any cat which has attained the age of seven months, or which
possesses a set of permanent teeth.
Any room or group of rooms, cage, or exhibition pen, not
part of a kennel, wherein cats for sale or other transfer are kept
or displayed.
Straight-line cutting of the tip of the left ear of a cat
while the cat is anesthetized.
The agency or department of Hightstown Borough or any designated
representative thereof charged with administering the issuance and/or
revocation of permits and licenses under the provisions of this article.
Rendered permanently incapable of reproduction as certified
by a licensed veterinarian.
Conduct by cats that disturbs the peace and threatens the
public health by:
When applied to the proprietorship of a cat, shall include
every person having a right of property (or custody) in such cat and
every person who has such cat in his/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 person that regularly feeds,
shelters or cares for a cat shall be deemed the owner of that cat.
Any individual, corporation, partnership, organization or
institution commonly recognized by law as a unit.
Trap, neuter, return.
A program pursuant to which feral and abandoned cats are
trapped, neutered or spayed, vaccinated against rabies and returned
to the location where they congregate.
Those diseases transmittable to humans from animals, including
parasitic, bacterial, fungal and viral diseases.
[1]
Editor's Note: This ordinance also repealed former Art. 5-2,
Cats, 1991 Code § 87-12 et seq., as amended.
[5-16-2022 by Ord. No.
2022-09]
A.
Owners of domesticated cats shall provide appropriate and adequate
food, water and shelter for their cat.
B.
Owners of domesticated cats shall license each cat. Vaccination against
rabies is required for licensing.
C.
The owner of a domesticated cat violates this section if the cat
creates a nuisance.
D.
The owner of a sexually intact (not spayed or neutered) domesticated
cat shall not permit the cat to roam unsupervised off the property
of the owner.
E.
An owner shall not abandon a domesticated cat.
[5-16-2022 by Ord. No.
2022-09]
A.
The owner of real property shall spay/neuter and license any domestic
cat the property owner permits to wander unsupervised on and off his/her
property.
B.
The owner of real property shall not allow sexually intact (not spayed
or neutered) feral cats to congregate on his/her property.
C.
The owner of real property violates this section if a cat on his/her
property creates a nuisance.
D.
Only an Animal Control Officer, the ASPCA, or volunteers of TNR programs
are authorized to trap cats anywhere in the Borough. A property owner
may trap on his/her own property using a trap approved by the Animal
Control Officer. It is a violation of this section for any unauthorized
person to trap cats.
[5-16-2022 by Ord. No.
2022-09]
A.
Vaccination and License Requirements. No person shall own, keep,
harbor, or maintain any cat over seven months of age within Hightstown
Borough unless such cat is vaccinated and licensed. The provisions
of this section do not apply to cats held in a cattery, or those held
by a state or federal licensed research facility, or a veterinary
establishment where cats are received or kept for diagnostic, medical,
surgical, or other treatments, or licensed animal shelters, pounds,
kennels, or pet shops.
B.
Vaccination. All cats shall be vaccinated against rabies by a licensed veterinarian in accordance with the latest "Compendium of Animals Vaccine and Recommendations for Immunization" published by the National Association of State Public Health Veterinarians, except as provided for in Subsection D.
C.
Vaccination Certificate. A certificate of vaccination shall be issued
to the owner of each animal vaccinated on a form recommended by the
state.
D.
Exemptions. Any cat may be exempted from the requirements of such
vaccination for a specified period of time by the local Board of Health,
upon presentation of a veterinarian's certificate stating that
because of an infirmity or other physical condition, or regimen of
therapy, the inoculation of such cat shall be deemed inadvisable.
E.
Newly Acquired Cats. The owner of any newly acquired cats of vaccination
age or of any cat which attains vaccination age shall have such cat
vaccinated within 10 days after such acquisition or age attainment.
F.
Cats Brought into the Borough. Any person who shall bring or cause
to be brought into the Borough any cat vaccinated in another state
for the current year and bearing an appropriate registration tag and
who shall keep such cat or permit such cat to be kept within the Borough
for a period of more than 90 days shall, upon the expiration of the
ninety-day period, provide proof of current vaccination status to
the Board of Health.
G.
Proof of Vaccination. Proof of vaccination shall be produced by any
person owning, keeping, maintaining or harboring a cat upon the request
of any Board of Health official, Police Officer, Animal Control Officer
or other person authorized by the Board of Health or the Borough.
[5-16-2022 by Ord. No.
2022-09]
A.
Cats Must Have License Number Displayed. Any person who shall own,
keep, or harbor a cat of licensing age shall annually apply for and
procure from the Borough Clerk or other official designated by the
Mayor and Council thereof to license cats in the municipality in which
he/she resides a license and official registration tag with license
number, or a registration sleeve for each cat so owned, kept, or harbored,
and shall place upon such cat a collar or other device with the license
number securely fastened or displayed thereto. Acceptable methods
of displaying a license number shall include, but are not limited
to, breakaway or elastic collars. License tags or sleeves are not
transferable.
B.
Time for Applying for License. The owner of any newly acquired cat
of licensing age, or of any cat which attains licensing age, shall
make application for a license tag or sleeve for such cat within 30
days after such acquisition or age attainment. This requirement will
not apply to a nonresident keeping a cat within the Borough for no
longer than 90 days.
C.
Cats Brought Into the Borough. Any person who shall bring or cause
to be brought into the Borough any cat licensed in another state for
the current year, and bearing a registration tag or sleeve, and shall
keep the same or permit the same to be kept within the Borough for
a period of more than 90 days, shall immediately apply for a license
and registration tag or sleeve for each such cat.
(1)
Any person who shall bring or cause to be brought into the Borough
any unlicensed cat, not owned by such person, and shall keep same
or permit same to be kept within the Borough for a period of more
than 30 days, shall immediately apply for a license and registration
tag or sleeve for each such cat.
(2)
The property owner is responsible for the vaccination and licensing
of any cat that remains on his/her property for a period of more than
10 days.
D.
Application Contents; Preservation of Information.
(1)
The application shall state the breed, sex, age, color, and markings
of the cat for which 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 or other official designated to license
cats in the Borough.
(2)
Applications for licenses for cats which are required to be licensed by the provisions of this article shall be made prior to January 31 each year to the Borough Clerk or other official designated by the Mayor and Council. In all other cases, the application for license shall be made within 30 days of the day upon which the cat in question first becomes subject to the provisions of this article, as set forth more specifically in Subsections B and C.
E.
License Forms and Tags. License forms and official tags or sleeves
shall be furnished by the Borough and shall be numbered serially,
and shall bear the year of issuance and the name of the Borough.
F.
Evidence of Inoculation With Rabies Vaccine or Certification of Exemption; Requirement for License. The Borough Clerk or other official designated by the Mayor and Council to license cats shall not grant any such license and official registration tag or sleeve for any cat unless the owner thereof provides evidence that the cat to be licensed and registered has been inoculated with a rabies vaccine of a type approved by and administered in accordance with the recommendations of the United States Department of Agriculture and the United States Department of Human Services, or has been certified exempt as provided by § 5-2-4 of this article. The rabies inoculation shall be administered by a duly licensed veterinarian, or by such other veterinarian permitted by law to do the same.
G.
License Fee Schedule. A license shall be issued after payment of a fee of $14 for each cat not neutered and $10 for each neutered cat. Those family groups which presently possess more than two cats, in accordance with § 5-2-5M, shall not be required to pay total annual fees in excess of $30 for the licensing of all of the cats, exclusive of any delinquent fees which may apply in accordance with this section. Person who fail to obtain a license as required within the time period specified in this section will be subject to a delinquent fee per license as follows. If application is made:
H.
Fees, Renewals, Expiration Date of License.
(1)
Expiration Date. Each cat license and registration tag shall expire
on December 31 of the calendar year in which it was issued.
(2)
Licenses from another municipality shall be accepted. The person
applying for the license and registration tag and/or sleeve shall
pay the fee fixed or authorized. The fee for the renewal of a license
and registration tag or sleeve shall be the same as for the original,
and the license, registration tag or sleeve and renewal thereof shall
expire on December 31 of the calendar year in which it was issued.
(3)
Only one license and registration tag or sleeve shall be required
in the licensing year for any cat in the Borough. Any valid New Jersey
license tag or sleeve issued by a New Jersey municipality shall be
accepted by the Borough.
I.
Loss of License. If a license tag or sleeve has been misplaced or
lost, the Board of Health may issue duplicate license and/or registration
sleeve for that particular cat at a fee of $1.
J.
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.
K.
Interfering With Persons Performing Duties Under This Article. No
person shall hinder, molest, or interfere with anyone authorized or
empowered to perform any duty under this article.
L.
Disposition of Fees Collected. License fees and other moneys collected
or received under the provisions of this article shall be forwarded
to the Finance Department of the Borough, and shall be placed in a
special account separate from any of the other accounts of the municipality
and shall be used for the following purposes only: collecting, keeping
and disposing of cats liable to seizure, for local prevention and
control of rabies, including the dissemination of public information,
educational programs, providing anti-rabies treatment under the direction
of the local Board of Health for any person known or suspected to
have been exposed to rabies, and for administering the provisions
of this article. The allocation and payment of the license fees and
other moneys collected and/or received under the provisions of this
article shall be at the sole discretion of the local Board of Health
for the above specified purposes. 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 said third fiscal year following,
and at the end of each fiscal year thereafter, there shall be transferred
from such 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.
M.
Sanitation of Quarters. The quarters where cats are kept shall be
kept clean and sanitary under standards generally accepted for the
housing, feeding and care of cats by the American Veterinary Medical
Association.
[5-16-2022 by Ord. No.
2022-09]
No person shall own, keep or harbor a cat in the Borough except
in compliance with the provisions of this article and the following
regulations:
A.
Use of Registration Tags. No person, except an officer in the performance
of his duties, 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.
B.
Interference with Official Duties. No person shall hinder, molest
or interfere with anyone authorized or empowered to perform any duty
under this article.
C.
Disturbing the Peace. No person shall own, keep, harbor or maintain
any cat which habitually cries between the hours of 8:00 p.m. and
8:00 a.m.
D.
Running at Large. No person owning, keeping or harboring any cat
shall suffer to permit it to run at large outside the premises of
the owner.
E.
Nuisance. No person owning, keeping or harboring a cat shall permit
or suffer it to do any injury or to do any damage to any lawn, shrubbery,
flowers, grounds or property not belonging to the owner or to cause
injury to any livestock, person or domestic animal.
F.
No owner of property shall allow unspayed, unvaccinated feral cats
to run at large outside the premises of the owner. Vaccination and
spaying shall be evidenced by ear-tipping. Farms are exempt from the
provisions of this subsection.
[5-16-2022 by Ord. No.
2022-09]
A.
Causes for Impounding. The Animal Control Officer may take into custody
and impound, or cause to be taken into custody and impounded, any
of the following cats:
(1)
Any unlicensed cat running at large in violation of the provisions
of this article.
(2)
Any cat off the premises of the owner, or the person keeping or harboring
such cat, which the Animal Control Officer or his agent has reason
to believe is a stray cat.
(3)
Any cat off the premises of the owner, or the person keeping or harboring
such cat, without a current registration tag on its collar.
(4)
Any cat or other animal which is suspected to be rabid or evidences
any sign of zoonotic disease.
(5)
Any feral cat whose vaccination and spay/neuter status is not evidenced
by ear tipping.
(6)
Any cat or other animal off the premises of the owner reported or
observed by the Animal Control Officer to be ill, injured or creating
a threat to the public health, safety and welfare or otherwise interfering
with the enjoyment of property.
(7)
Any cat which the Animal Control Officer has reasonable cause to
believe has attacked a person or caused death or serious bodily injury,
as defined in N.J.S.A. 2C:11-1(b), to that person; or has caused bodily
injury, as defined in N.J.S.A. 2C:11-1(a), to a person during an unprovoked
attack and poses a serious threat of harm to persons or domestic animals.
B.
Access to Premises. Any officer or agent authorized or empowered
to perform any duty under this article is hereby authorized to go
upon any premises to seize for impounding any cat which he may lawfully
seize and impound when such officer is in immediate pursuit of such
cat, except upon the premises of the owner of the cat if the owner
is present and forbids it.
C.
Notice of Seizure.
(1)
If any cat so impounded or seized wears a registration tag, collar
or harness having inscribed thereon or attached thereto the name and
address of any person, or if the owner of or the person keeping or
harboring the cat is known, the Animal Control Officer shall immediately
serve on the person whose address is given on the collar, or on the
person owning, keeping or harboring the cat, a notice, in writing,
stating that the cat has been seized and will be liable to be disposed
of or destroyed if not claimed within seven days after service of
the notice.
(2)
A notice under this subsection may be served either by delivering
it to the person on whom it is to be served or by leaving it at the
person's usual or last known place of abode or at the address
given on the collar, or by forwarding it by mail in a prepaid letter
addressed to that person at his usual or last known place of abode
or to the address given on the collar.
D.
Disposition of Unclaimed Cats. The Animal Control Officer or his
authorized representative, including an authorized kennel, is empowered
to cause the destruction, in as humane a manner as possible, of any
cat or other animal seized by him or otherwise coming into his possession,
under any of the following circumstances:
(1)
When any cat or other animal has not been claimed by the person owning, keeping or harboring same within seven days after notice or within seven days of the animal's detention when notice cannot be given to the person owning, keeping or harboring the cat or other animal in accordance with Subsection C and the administrative fee as provided in Subsection E has not been paid.
(2)
When any cat is unlicensed at the time it is seized or otherwise
comes into the possession of the Animal Control Officer, and the person
owning, keeping or harboring such cat has not produced a current license
and registration tag as provided in this article.
E.
Administrative and Impound Shelter Services Fee. In order for a cat
or other animal to be returned to the person owning, keeping or harboring
same, when the cat or other animal has been seized by or otherwise
comes into the possession of the Animal Control Officer, there must
be paid an administrative fee, which is hereby established. This fee
shall be exclusive of any charges or fees of a kennel for the custody,
care, maintenance, control or disposal of the cat or other animal.
The administrative fee shall be payable to the Borough in the following
manner:
(1)
The administrative fee for the return of a cat or other animal shall
be $60 per animal. The shelter services fee shall be $75 if the animal
is redeemed by its owner within 24 hours from entering the facility.
If the animal is not redeemed by its owner within 24 hours, the shelter
service fee shall be $250 per animal.
(2)
If the cat or other animal is redeemed from the impounding shelter
by the person owning, keeping, or harboring the animal, the Borough
of Hightstown will mail, via certified mail, the resident a bill consisting
of the administrative fee of $60, plus the shelter service fee of
either $75 or $250, depending on the animals' length of stay
at the facility. This bill shall be payable within 15 days of the
date of the certified mailing, or else the Borough Code Enforcement
Officer will issue a summons for failure to pay the fee.
[5-16-2022 by Ord. No.
2022-09]
Except as otherwise provided in this article, any person who
violates, or who fails, or refuses to comply with, this article shall
be liable for a penalty of not more than $1,000 and six months'
imprisonment, or both, for each offense, to be recovered by and in
the name of the local Board of Health, or by and in the name of the
municipality, and each day's continuance of the violation shall
constitute a separate and distinct violation.
