[Adopted as Ch. 6.12 of the 2003 Municipal Code]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
No persons shall own, keep, harbor or maintain any cat over
seven months of age within Bordentown Township unless such cat has
a current vaccination against rabies and has a current cat license.
The Township Clerk, or other person designated by resolution of the
Township Committee, shall be responsible for issuing cat licenses
upon application therefor. Cat licenses shall be renewed annually
and shall expire on April 1 of the year following issuance. The Township
Clerk shall perform the duties of the licensing authority.
The fees for issuance of an original or renewal cat license and issuance of a renewal license after April 30 shall be as set forth in Chapter 260, Fee Schedule.
Within the purview of this article, a cat shall be considered
a public nuisance if it has no known owner or custodian, or if it
has no known place of care or shelter, or if it habitually trespasses
upon or damages either private or public property, or annoys, bites,
scratches or harms lawful users or occupants thereof.
Any person who owns, keeps or harbors any cat at any place within
the Township or who permits any cat to enter the limits of the Township
shall exercise sufficient and proper care of and control over such
animal at all times so as to prevent the same from becoming a public
nuisance, as defined herein.
A.
Any person having knowledge that
any cat in Bordentown Township has bitten a person shall immediately
report to the Police Department, to the extent known, the name and
address of the person bitten, the name and address of the owner or
custodian of the cat, the identity and location of the cat, and all
relevant facts and circumstances.
B.
Whenever any cat has bitten a
person, the cat shall be confined in such place as the Animal Control
Officer or other Township official may direct, for such period of
observation as may be necessary to ascertain whether or not the cat
is rabid. The owner or custodian of the cat shall be responsible for
complying with this subsection.
C.
In the event that any cat is
found to be rabid, or in the event that any cat having bitten a person
cannot be confined or impounded safely, the cat may be killed. The
head of such cat shall be shipped to an appropriate laboratory for
a rabies examination.
A.
The Animal Control Officer or
other person authorized by the Township Committee to enforce the provisions
of this article may seize and impound any cat which does not display
a license tag, and shall, upon receipt of a complaint that a cat is
a public nuisance, as defined herein, seize and impound such cat regardless
of whether it displays a license tag. If any cat seized and impounded
bears identification of ownership or place of abode, the Animal Control
Officer or other authorized enforcement official shall, on the day
of seizure, notify the owner or the occupant of such place of abode
that the cat is impounded and may be claimed subject to the provisions
of this article.
B.
The owner or custodian of an
impounded cat may claim it at the place of impoundment upon payment
to the Animal Control Officer of all expenses incurred by reason of
seizure and impoundment, including reasonable actual maintenance costs
of the cat, provided that no cat shall be released to the owner or
custodian without proof that it has a current rabies vaccination and
a current cat license. Upon request of the owner or custodian, an
unvaccinated cat may be released temporarily to a licensed veterinarian
for the purpose of vaccination against rabies.
C.
Any cat that has been impounded
and unclaimed for five days after seizure may be claimed by any person
willing to pay all expenses, including vaccination against rabies.
D.
Any cat that has been impounded
and unclaimed for seven days after seizure may be destroyed by the
Animal Control Officer or other designated official in as humane manner
as possible.
[Added 4-26-2021 by Ord. No. 2021-04]
A.
COMMUNITY CAT
COMMUNITY CAT CAREGIVER or CAREGIVER
COMMUNITY CAT COLONY
STRAY CAT
TNVR
Definitions. As used in this
section, the following terms shall have the meanings indicated:
Any free-roaming or feral cat that may be cared for by one
or more residents of the immediate area and which has no discernible
form of ownership identification and has been neutered, vaccinated
and ear tipped as required under the TNVR program and has an identified
community cat caregiver.
A person who may provide care, including food, water, shelter
or medical care, to a community cat. A community cat caregiver shall
not be considered to be the owner, custodian, harborer, controller,
or keeper of a community cat.
A group of cats that congregates, more or less, together
as a unit.
Unregistered cat lacking an identifiable owner or caregiver.
Trap, neuter, vaccinate and release program.
B.
Purpose. The purpose of this
section is to permit implementation of a community cat program in
the Township of Bordentown for the purpose of reducing the population
of feral and free-roaming cats, benefiting public health, improving
the quality of life for residents and ensuring the humane treatment
of community cats.
C.
Management of community cats.
(1)
Community cats may be cared
for on the private property of the caregiver or upon the property
of another with the written permission of the property owner or property
manager.
(2)
All community cat caregivers
shall make reasonable efforts to have all free-roaming cats within
their care sterilized, vaccinated against rabies and ear-tipped and
microchipped for easy identification.
(3)
All community cat caregivers
are required to make reasonable efforts to provide certain necessities
to each community cat cared for on a regular and ongoing basis, including,
but not limited to, proper nutrition, adequate quantities of visibly
clean and fresh water, proper shelter, and medical care as needed.
If the community cat caretaker is unable to afford or directly facilitate
veterinary care, the community cat caregiver must make reasonable
efforts to ensure the animal(s) can have access to such care, by,
for example, requesting assistance from Bordentown Township Animal
Control Officers.
(4)
Feeding areas are limited
to no more than one pound of food for no more than 10 hours per day.
Overnight feeding is not permitted. Water may be provided at all times.
Feeding areas must be maintained in a clean and sanitary condition.
The Bordentown Township Animal Control Officers may advise and further
restrict the amount of food and time duration of the feeding depending
upon circumstances.
(5)
The Township may adopt a
policy to assist community cat caregivers with trapping, neutering,
vaccinating, ear tipping and microchipping community cats. At the
discretion of the Bordentown Township Animal Control Officers, the
Township reserves the right to limit its support per property.
D.
Community cat program guidelines.
(1)
Community cats meeting the
requirements of this section are exempt from any licensing, stray
and at-large provisions of this section.
(2)
Prior to attempting to trap
cats for TNVR, residents must contact the Township's Animal Control
to receive the guidelines supported by regional and national animal
welfare organizations with specific expertise in community cat management
programs, such as Alley Cat Allies, the Humane Society of the United
States, and People for Animals.
(3)
Socialized cats and all kittens
subject to TNVR shall be eligible to be, but not mandated to be, re-socialized
and put up for adoption. Community cat caregivers shall make reasonable
attempts to remove young kittens from the field for domestication.
(4)
Township Animal Control Officers will advise the local shelters of the Township's Community Cat program. When possible, under the direction of the Animal Control Officer, an ear-tipped cat received by local shelters shall be returned to the location where trapped unless veterinary care is required, the animal is suspected of being rabid, or it is in accordance with Subsection E, Nuisance abatement process and mitigation.
(5)
It shall be unlawful for any individual to trap a cat other than for the purpose of complying with the requirements of this § 183-28. Individuals may not trap cats for the purpose of euthanizing the cats or surrendering the cats for impoundment. Any cat suspected of being rabid may be trapped and impounded per existing public health guidelines, as well as any sick or injured cat, for the purposes receiving veterinary care.
(6)
The practice of TNVR and
the provision of care to a community cat in accordance with the provisions
of this section do not constitute desertion or abandonment of the
community cat. The Bordentown Township Police Department should ensure
that laws against animal abandonment are properly enforced, and Bordentown
Township Animal Control Officers are encouraged to raise awareness/education
efforts to residents about options available as to avoid abandonment
of animals.
(7)
Healthy community cats that have been trapped, neutered, ear-tipped and vaccinated in accordance with this § 183-28 shall be considered to be "on the property of the owner" and not considered to be stray cats.
(8)
Notwithstanding the foregoing,
whenever such cat is visibly injured or diseased and appears to be
suffering and it reasonably appears that such cat cannot be expeditiously
cured and returned to the field, then the Animal Control Officer,
acting in good faith and upon reasonable belief, may have the cat
humanely euthanized upon the advice of a licensed veterinarian or
may make appropriate arrangements for the care of the cat.
E.
Nuisance abatement process and
mitigation.
(1)
A community cat who habitually
howls, screams or causes other objectionable noise resulting in a
serious annoyance to a reasonable person, or disturbs the peace by
habitually or repeatedly destroying, desecrating or soiling public
or private property shall constitute a public nuisance.
(2)
Resolution of complaints;
procedures.
(a)
The requirements of this section notwithstanding, Animal Control Officers and police officers may investigate any nuisance complaint. If an Animal Control Officer or police officer determines that an ear-tipped community cat is causing a nuisance as defined by § 183-28E(1), the Animal Control Officer or police officer shall attempt to contact the community cat caregiver.
(b)
The community cat caregiver
shall begin nuisance abatement procedures within 48 hours and make
all reasonable efforts to resolve the nuisance as quickly as possible,
not to exceed 30 days. If the caregiver fails to resolve the nuisance,
the Animal Control Officer or police officer may remove the cat. If
an Animal Control Officer removes a community cat, the Animal Control
Officer must notify the community cat caregiver.
(c)
If an Animal Control Officer
or police officer reasonably determines that a cat is injured or poses
a significant threat to public health, the time the caregiver has
to resolve the complaint may be reduced, as necessary, to protect
the cat and public health, before taking further action.
(d)
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, the Animal
Control Officer must provide the community cat caregiver with notice
of the cat's whereabouts and allow the caregiver an opportunity to
retrieve the cat for treatment, return or relocation.
(3)
Factors to be considered
during the nuisance abatement process shall include:
(a)
Recognition of the value
of wildlife and methods to live harmoniously with wildlife neighbors;
(b)
Recognition of the value
of TNVR in managing and reducing community cats humanely; and
(c)
The availability of devices
and strategies to minimize nuisance behavior by community cats that
may have caused the complaint.
