[Adopted 5-27-2021 by Ord. No. 02:05-21]
As used in this article, the following terms shall have the
meanings indicated:
Any live vertebrate creature, including mammals, birds, reptiles,
amphibians and fish, but not humans.
A person 18 years of age or older who has satisfactorily
completed the course of study approved by the Commissioner of Health
and Senior Services of the State of New Jersey and the Police Training
Commission as prescribed by Paragraphs (1) through (3) of Subsection
a. of Section 3 of N.J. P.L. 1983, c. 525 (N.J.S.A. 4:19-15.16a);
or who has been employed in the State of New Jersey in the capacity
of, and with similar responsibilities to those required of, a certified
animal control officer pursuant to the provisions of N.J.P.L. 1983,
c. 525 for a period of three years before January 17, 1987.
An individual or group of individuals who, with or without
salary or compensation, house, provide necessary medical care for
and feed homeless or unlicensed animals in a home or facility, with
the intent of placing the animals in permanent homes as soon as one
becomes available.
The home or facility in which an animal rescue organization
houses and cares for an animal.
Any establishment where cats or other animals are received,
housed and adopted out, but not a pet store.
When an animal is off the property of its owner and has entered
the property of another person without that owner's authorization,
or has entered onto public property, street or right-of-way, unless
restrained by its owner, or a caretaker, with a leash of no less than
six feet in length, or other physical control device, such that the
animal is under the physical control of the owner or caretaker. Nothing
in this definition is intended to prevent dogs from being on training
leashes or retractable leashes or engaging in other appropriate activities
under adequate, responsible adult supervision where care is taken
to assure control as needed to prevent violations of this article.
A member of the species Felis catus.
Any cat, which is not a community cat, reaching the age of
seven months or, if age cannot be determined, a cat which possesses
a set of permanent adult teeth.
Any free-roaming cat, which may or may not be feral, with
a caretaker known or unknown. Community cats shall be distinguished
from other cats through their ear-tip and sterilization. These cats
are exempt from licensing, stray and at-large provisions of this article.
Any person who, in accordance with a community cat management/TNR
program, will work to trap, sterilize, vaccinate for rabies, ear-tip
then return free-roaming cats or feral cats to the area in which they
were trapped. A caregiver shall not be considered an owner, of a community
cat. A caregiver shall not possess, keep or harbor a community cat.
A single community cat or a group of community cats that
congregate together outside as a unit. Any non-feral cat(s) that congregate
with a colony shall be deemed part of it.
Any person, known or unknown, who engages in trapping, neutering
and returning (TNR) a community cat to a colony. Management of the
colony shall include, but not be limited to, trapping, sterilizing,
vaccinating, ear-tipping, and returning a community cat to its colony
of origin, from which it was trapped. Managing shall also include
providing adequate food, water, medical care and shelter for the cats
within the colony being managed. Assuming temporary custody of any
cat within the colony from time to time may also be necessary to provide
adequate care.
The straight-line cutting of the tip of one ear of a cat,
while the cat is anesthetized for spay and neuter. The left ear is
the universally accepted practice; although in the past a cat's
right ear may have been tipped.
An unsocialized undomesticated cat with a temperament of
extreme fear, and resistance to contact with humans. Feral cats are
considered community cats. Feral cats are typically born in the wild,
or are the unsocialized offspring of socialized or feral cats, or
were socialized cats who through abandonment, reverted to an unsocialized
state.
Placement of a cat by an animal rescue organization with
a caretaker, who may be an individual or group, for the purpose of
providing temporary care for a cat, without the caretaker assuming
ownership, and with the intent that the caretaker relinquishes the
cat to the animal rescue organization or a suitable owner upon one
being located. A foster home may provide care to a cat without the
effect of the fostered cat counting toward a municipality's household
pet limit (should one exist); however a foster home must comply with
all other provisions of this article.
The act of caring for and keeping an animal or the act of
providing a premises or residence to which the animal returns for
food, shelter or care, where the caregiver is providing the primary
source of sustenance for the animal for at least 10 days, whichever
time is shorter. Community cat caregivers do not harbor community
cats for the purposes of this article, but are subject to the provisions
of the ordinance pertaining to community cats.
An electronic identification device inserted into an animal,
typically on the back between the shoulder blades, by a veterinarian
in accordance with professional medical standards.
To have a licensed veterinarian surgically sterilize the
animal.
Disturbing the peace by:
Habitual or continuous howling, crying or screaming; or
The habitual and significant destruction, desecration or soiling
of property against the wishes of the property owner creating conditions
leading to the excessive breeding of fleas or flies, odors or noises;
or
Habitually trespassing upon public or private grounds. For the
purpose of this article, "habitually" means occurring on at least
two separate occasions within a time period of one month; except that,
howling, crying or screaming habitually, means making the sound persistently
or continuously for at least 30 minutes occurring at least three separate
times within a period of eight hours. For the purposes of this article,
"persistently" or "continuously" shall mean nonstop utterances for
30 consecutive minutes with interruption of less than 30 seconds at
a time.
Any person, household, firm, corporation, or other organization
who, except a foster home, possesses a legal title to, a property
interest in, or permanent custody of any animal regulated by this
article. A person must be age 18 or older to be considered the legal
owner of an animal. If a person under age 18 is considered the custodian
or caretaker of the animal, the parent or legal guardian shall be
considered the legal owner of the animal. A community cat caregiver
is not an owner of community cats for the purposes of this article
but is subject to the provisions pertaining to community cat caregivers.
Any place of business which is not part of an animal shelter
or animal rescue organization facility, wherein animals, including,
but not limited to, dogs, cats, birds, fish, reptiles, rabbits, hamsters
or gerbils, are kept or displayed chiefly for the purpose of sale
to individuals for personal appreciation and companionship rather
than for business or research purposes.
Adequate ability to manage the actions of the animal to prevent
the animal from engaging in biting, physical aggression towards people
or animals, straying, being at-large or exhibiting other behaviors
regulated by this article or state law.
An establishment for the confinement of dogs, cats or other
animals seized or captured by a municipality, ACO or the agent of
a municipality under the provisions of this article, or otherwise.
This term is often applied to a municipal animal control facility
or a private or nonprofit animal shelter that contracts with one or
more municipalities to hold such animals.
A structure that:
Is sufficiently ventilated and insulated to protect an animal
from weather and provide refuge from precipitation, wind, extreme
temperature and/or direct sunlight; and
Is fully enclosed with walls on three sides, with a fourth wall
having an entranceway large enough to allow the animal to enter and
exit comfortably, but not so large as to allow all heat to escape
in cold temperatures; and
Has a solid, waterproof roof; and
Has a solid floor that does not sag under the animal's
weight; and
Has a door or flap covering the entranceway during temperatures
of 40° or below; and
Is positioned at a sufficient elevation to prevent water from
running into the structure; and
Is small enough to retain the animal's body heat in cold
weather and large enough for the animal to stand, turn around and
lay down in comfortably; and
Is sturdy, structurally sound and in good repair; and
If it contains bedding such bedding shall be clean and dry;
and
Is surrounded by an area of at least five feet that is clear
of debris, feces, and urine.
Any physical injury that results in one or more broken bones
or one or more lacerations requiring sutures, or an injury requiring
reconstructive or plastic surgery.
Any animal found to be at-large, whether lost by its owner
or otherwise, or that is on the common areas of apartments, condominiums,
trailer parks or other multiresidential premises, and that does not
have identification tag and for which there is no identifiable owner.
The term "stray" shall not be applied to community cats managed in
accordance with this article.
Access to uncontaminated, palatable food, appropriate for
the species of animal, on a regular, ongoing basis in quantities sufficient
to maintain a regular body weight as determined by Purina Body Score
System or a veterinarian.
Access to clean, potable water on a regular, ongoing basis
in quantities sufficient to prevent the animal from experiencing dehydration.
Trap-neuter-return.
A program pursuant to which community feral and stray cats
are humanely trapped, spayed or neutered, vaccinated against rabies,
and returned to the location at which they were trapped. A cat may
receive a microchip as part of a TNR program.
Any trap used to capture stray cats that is constructed so
that it does not harm the animal and that is regularly monitored.
An individual who is licensed to engage in the practice of
veterinary medicine in the State of New Jersey.
A.
No person shall keep an animal on a property in a manner that causes
one or more of the following: unsanitary conditions; infestation by
insects or rodents; physical conditions that endanger the health or
safety of humans.
B.
No person shall maintain or feed any animal, domesticated or wild,
in a manner that causes one or more of the following: unsanitary conditions;
infestation by insects or rodents; physical conditions that endanger
the health or safety of humans.
C.
Community cat colonies shall be permitted, and caregivers shall be
entitled to maintain them, in accordance with the terms and conditions
of this chapter.
A.
The caregiver shall provide community cats with sufficient food;
sufficient water; proper shelter and protection from weather; veterinary
care as needed to prevent suffering; and humane care and treatment.
B.
The caregiver shall exercise reasonable care to guard against the
animal creating a nuisance.
A.
Bellmawr believes that the safest place for pet domesticated cats
is indoors. Bellmawr also recognizes that feral and community cats,
as defined in this chapter, are not, in the majority of cases, suitable
to be taken indoors and kept as pets because their home is outdoors.
Bellmawr further recognizes the need for innovation in addressing
the issues presented by feral or community cats. To that end, Bellmawr
finds that properly managed community cat colonies are part of the
solution to reducing the numbers of feral cats in the Borough and
the rate of cats euthanized in area shelters.
B.
Community cat colonies shall be permitted in Bellmawr as part of
a community cat management/TNR program in accordance with the following
provisions:
(1)
Community cat caregivers must ensure community cats are sterilized,
vaccinated against the threat of rabies, and ear-tipped, and must
cooperate with the Municipality to abate any nuisance.
(2)
The location of community cat colonies must be maintained in compliance
with trespassing and property laws.
(3)
To be exempt from certain provisions of this chapter all cats that
are part of an approved TNR/community cat program pursuant to this
chapter must be sterilized, must have received an initial vaccination
against the threat of rabies, and ear-tipped for easy identification.
If these requirements are met the community cat is exempted from licensing,
stray and at-large provisions of this article.
Trapping of community cats by those who are not community cat
caregivers as defined in this article, ACO employed by the municipality,
or members of law enforcement, is prohibited unless the person trapping
the cats is doing so for the purpose of providing medical attention
for a sick or injured cat or for the purpose of TNR. Persons who trap
free-roaming cats for the purpose of TNR must comply with the provisions
of this article.
A.
An ACO who has trapped a 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 contracted municipal
shelter, where the cat will be scanned for a microchip. If a registered
microchip is found, the registered owner or caregiver will be contacted
and advised that the cat is located at the contracted municipal shelter.
B.
The owner or caregiver shall be responsible for retrieving the cat
from the municipal shelter within five business days or advising the
shelter if the owner or caregiver does not intend to retrieve the
cat. If no identification, microchip or information of caregiver is
available to receiving shelter at the minimum of stray hold period
of seven days; then it is at the sole discretion of the receiving
shelter to determine the outcome of the cat retrieved which may include
transfer, euthanasia, foster care, and/or adoption.
C.
If a trapped community cat is suspected of being rabid, the animal
shall be immediately reported to the executive officer of the local
board of health and to the Department of Health and Senior Services,
and shall be quarantined, observed, and otherwise handled and dealt
with as appropriate for an animal suspected of being rabid or as required
by the Department of Health and Senior Services for such animals.
A.
The requirements of this article notwithstanding, ACOs and police
officers may investigate any nuisance complaint. If an ACO or police
officer determines that an ear-tipped community cat is causing a nuisance
as defined by this article, the ACO or police officer shall attempt
to contact the caregiver or owner. The caregiver or owner shall begin
nuisance abatement procedures within 48 hours and make all reasonable
efforts to resolve the nuisance as quickly as possible, not to exceed
60 days. If the caregiver or owner fails to resolve the nuisance,
the animal control officer may remove the cat. If an animal control
officer removes a community cat, the receiving municipal shelter or
animal control must notify the community cat caregiver and allow the
caregiver to retrieve the cat from the pound for adoption or relocation.
If an animal control officer or police officer reasonably determines
that a cat is injured or poses a significant threat to public health,
the officer may reduce the time that the owner or caregiver 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 police officer may remove the cat, but
within 24 hours the animal control officer must provide the caregiver
or owner with notice of the cat's whereabouts and allow the caregiver
or owner an opportunity to retrieve the cat for treatment, return,
or relocation.
B.
Factors to be considered during the nuisance abatement process shall
include:
Bellmawr shall have the following rights:
A.
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.
B.
The right to seize or remove a cat from a colony which is creating
a nuisance as defined in this article, after the community cat caregiver
has been given 60 days to abate the nuisance or remove and relocate
the cat and failed to do so.
C.
The right to seize or remove a cat or colony of cats when the community
caregiver regularly 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 Municipality or animal
control officer having given notice to the caregiver. If one or more
cats are in danger due to a caregiver's lack of compliance, the
caregiver or owner may work with other local caregivers to find a
suitable replacement caregiver or relocate the cats.
A.
It shall be unlawful for any person to use inhumane methods to trap
cats. Traps and the trapping of cats must meet the following requirements:
(1)
Traps shall not be left unattended for more than two hours;
(2)
Traps shall not be left set overnight, unless traps are checked at
least every two hours;
(3)
Traps shall not be left unattended for any length of time in temperatures
below 45° F. or above 80° F.; in rain or snow; or in any other
extreme weather; and
(4)
Traps utilized to capture cats shall be humane traps.
B.
Any person who is found to be in violation of the provisions of this
section shall be subject to a fine not to exceed $50 for each offense.
No owner or person having temporary custody of any animal shall
permit the animal to be, or fail to provide physical control to restrain
the animal from being, at-large.
A cat shall be considered exempt from these provisions if:
A.
No person may desert or abandon any animal at any public or private
location.
B.
The practice of TNR and the provision of care to a community cat
in accordance with the provisions of this article do not constitute
desertion or abandonment of the community cat. However, the placement
of a cat at a community cat colony by a person other than the community
cat caregiver constitutes abandonment. Any person who is found to
be in violation of the provisions of this section shall be subject
to a fine not to exceed $50 for each offense.
