[Ord. 858, 8/3/2020]
The Borough Council of the Borough of Nazareth finds and declares that the population of feral and stray cats within the Borough poses a danger to the health, safety, and welfare of the public and constitutes a public nuisance. Accordingly, it is the intent of this Part to ensure the humane treatment of feral cats and reduce their population by providing standards to regulate the treatment, care and maintenance of feral and stray cats and by providing for penalties as set forth herein.
[Ord. 858, 8/3/2020]
The following words and phrases, when used in this Part, shall have the meanings ascribed to them in this Part, except where the context or language clearly indicates or requires a different meaning:
CARETAKER
Any person or organization who provides food or shelter or similar type care to feral or stray cats and has no ownership or direct control of the movements of the cats they feed.
CAT
An animal that is a member of the species felis catus, includes both feral and stray cats as further defined herein.
EARTIP
A mark identifying a cat as having been sterilized, specifically the removal of a quarter inch off the tip of the cat’s left ear in a straight-line cut.
FERAL CAT
Any cat that is unsocialized to humans, whether the cat was born outside and never socialized with humans or a domesticated cat which has strayed and over time has become unsocialized to humans; any homeless, wild or untamed cat.
OWNER
Includes: (1) every person having a right of property in any cat, including pet cats and (2) every person who keeps or harbors a cat or has such cat in his or her care.
PUBLIC NUISANCE
Conduct by a cat that disturbs the peace, including:
1. 
Habitually or continually howling or making loud noises;
2. 
Habitually or significantly damaging property, including, but not limited to, accumulation of feces or excretions if such accumulations create unhealthy conditions or create obnoxious odors outside the property of the owner or caretaker; or
3. 
Causes injury to a person by biting, scratching or similar act.
RUNNING AT LARGE
Being upon any public street, sidewalk, park or other public property or upon private property of a person other than the owner without being reasonably secured or under control.
STERILIZE
To spay or neuter a cat.
STRAY CAT
Any cat whose owner or keeper from time to time allows the cat to run free off the property of the owner or keeper.
TNR PROGRAM
A program pursuant to which one or more feral cats are trapped, sterilized, vaccinated against rabies, ear-tipped, and returned to the location where they were captured.
TREAT/TREATMENT
The provision of temporary food, shelter and medical care, including, but not limited to, sterilization, vaccination for rabies and distemper, testing for feline diseases, and ear-tip.
UNSOCIALIZED
Exhibiting a temperament of extreme fear of and resistance to contact with humans.
[Ord. 858, 8/3/2020]
1. 
It shall be unlawful for any owner of any cat to permit such cat to run free outside the residence or real property of its owner unless said cat is:
A. 
Sterilized to prevent it from procreating;
B. 
Immunized against rabies in compliance with Pennsylvania law; and
C. 
Wearing an identification tag, or microchipped, or appropriately ear-tipped on the left ear to signify that it has been sterilized and immunized.
2. 
It shall be unlawful for any person or caretaker to feed a feral or stray cat where such feeding causes a public nuisance or creates a condition contrary to the health, safety, and welfare of the community at the property of the person or caretaker, or at a nearby property.
3. 
It shall be unlawful for any person or caretaker to feed a feral or stray cat unless the cat is wearing an identification tag or is ear-tipped as provided for in this Part except if said person or caretaker is actively involved in the course of trapping and treating a feral cat in accordance with the Borough’s TNR Program.
4. 
It shall be unlawful for the owner of any cat to permit it to become a public nuisance. The failure of any such owner to properly curb and restrain his or her cat shall be a violation of the provisions of this article.
5. 
It shall be unlawful for any person to release into the wild or otherwise abandon any cat upon that person's property or the property of another.
[Ord. 858, 8/3/2020]
An owner of a female cat in heat shall confine that cat in a building or secure enclosure in such a manner that such female cat cannot come into contact with another animal except for planned breeding.
[Ord. 858, 8/3/2020]
1. 
Every owner of a cat shall prevent or remove any and all accumulations of cat waste, feces or excretions on such owner’s private property if such accumulations create unhealthy conditions or create obnoxious odors.
2. 
Every owner of a cat shall take reasonable action to prevent their cat from defecating upon any street, driveway, sidewalk or other public property in the Borough or place frequented by the public or used in common by the tenants thereof or upon private property other than the property of the owner of the cat.
3. 
Every owner of a cat which defecates in any area other than the private property of the owner shall immediately remove the feces from such area by carrying the same away for deposit in an appropriate disposal facility.
[Ord. 858, 8/3/2020]
1. 
The Borough code enforcement officer, police officer, animal control officer, or any other individual or entity designated by the Borough Council shall enforce and administer the provisions of this Part.
2. 
The Borough code enforcement officer, police officer, animal control officer, or any other individual or entity designated by the Borough Council shall have the authority to seize and detain any cat which (1) is a public nuisance, (2) any cat which is running at large and is not wearing an identification tag, ear-tipped or micro-chipped, or (3) any cat which is injured and in need of medical treatment.
3. 
In the course of enforcing and administering the provisions of this Part, the Borough code enforcement officer, police officer, animal control officer, or any other individual or entity designated by the Borough Council shall not enter upon private property unless such individual has received permission from the property owner or occupant, obtained an administrative warrant, or where there is an immediate threat to public health or safety.
[Ord. 858, 8/3/2020]
1. 
Any person who shall violate any provision of this Part shall receive a written warning detailing the violation(s), be allowed 30 days to remedy said violation(s), and if applicable, provided written information on the Borough’s TNR program. Any violation which causes a person to receive a written warning under this paragraph shall be considered a first offense.
2. 
Any person who shall violate any provision of this Part as a second offense, upon summary conviction before a Magisterial District Judge, shall be subject to a fine for each offense of not less than $50 and not more than $1,000 and the costs of prosecution, and in default of payment of fine and costs of prosecution shall be sentenced to imprisonment of not more than 30 days. Each day a violation shall remain shall constitute a separate violation and a violation of each section of this article shall be considered a separate offense.
[Ord. 858, 8/3/2020]
Any Ordinance or part of an Ordinance conflicting with the provisions of this Part shall be and is hereby repealed to the extent of such conflict. Except only as amended, modified and changed by this ordinance, the Code of Ordinances of the Borough of Nazareth as codified and amended shall remain in all other respects in full force and effect.