[Adopted 9-8-2022 by Ord. No. 2022-09[1]]
[1]
Editor's Note: This ordinance also renumbered former Art. III, Feeding of Uncontained Wildlife, as Art. IV; and former §§ 63-37 through 63-41 as §§ 63-46 through 63-50, respectively.
As used in this article, the following terms shall have the meanings indicated:
ANIMAL SERVICES
The Township's Animal Control contractor or other representative as designated by the Township Manager.
COMMUNITY CAT
Any free roaming feral cat that may be cared for by one or more residents of the immediate areas and which has no discernible from of ownership identification.
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 be considered to be the owner, custodian, harborer, controller or keeper of a community cat.
COMMUNITY CAT COLONY
A group of cats that congregate, more or less, together as a unit.
DOMESTICATED CAT
A cat that is socialized to humans and is appropriate as a companion for humans.
EAR TIPPING
The removal of the 1/4 inch tip of a community cat's left ear, performed while the cat is under anesthesia by a licensed veterinarian and designed to be an indication that the community cat has been sterilized and vaccinated for rabies.
ENFORCEMENT AGENCIES
Shall include the Township Animal Control Officer, Code Enforcement Officer or such other personnel as designated by the Township Manager.
FERAL CAT
A cat that:
A. 
Is born in the wild or is the offspring of an owned or feral cat and is not socialized; or
B. 
Is a formerly owned cat that has been abandoned and is no longer socialized.
C. 
Any nonferal cat that congregates with a colony shall be deemed to be a part of the colony.
NUISANCE
Disturbing of the peace by a) habitually or continually howling, crying or screaming, or b) the habitual and significant destruction, desecration or soiling of property against the wishes of the owner of the property.
TNR
Trap, neuter, release.
TNR PROGRAM
A program pursuant to which feral and stray cats are trapped, neutered or spayed, vaccinated against rabies and returned to the location where they congregate.
The Township's Animal Services shall administer and implement the programs set forth in this chapter in accordance with applicable guidelines and standards as set forth in the state and local law.
A. 
The Township establishes the following community cats' requirements:
(1) 
Community cats may be cared for on the private property of the caregiver or upon the property of another with the permission of the 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 at their cost for easy identification.
(3) 
All community cat caregivers are required to make reasonable efforts to provide certain necessities to each community cat under his/her care on a regular/ongoing basis, including but not limited to proper nutrition, adequate quantities of visibly clean and fresh water and medical care as needed. If medical care is unavailable or too expensive, the community cat caregiver must not allow the cat to suffer and have the cat euthanized at the caregiver's cost. Feeding is permitted during daylight hours only. Food must be offered to cats in a container and shall not be dumped on the ground. Any food remaining after cats have eaten must be removed before dark. Feeding areas must be maintained in a clean and sanitary condition.
(4) 
Community cat caregivers shall make reasonable attempts to remove young kittens from the field for domestication.
B. 
Community cats meeting the requirements of this section are exempt from any licensing, stray and at-large provisions of this chapter.
C. 
Animal Services or the Code Enforcement Officer shall have the right to remove or authorize the removal of any free-roaming cat or community cat because of immediate public health or safety concern.
D. 
No community cat shall be released at any governmentally owned or managed park, natural area, area deemed as environmentally sensitive land or on any easement adjacent to such lands without approval from the Township or its representatives.
E. 
Healthy community cats, if they stray off the property of the caregiver/property owner shall be impounded. Should a healthy community cat have strayed off of the caregiver's property and be impounded, prior to being returned to caregiver's property or released to a caregiver, such cat shall be sterilized, ear tipped while under anesthesia by a licensed veterinarian and vaccinated for rabies, at the caregiver's cost. If the caregiver refuses to pay this cost, the cat shall be taken to an animal shelter. If the same community cat is impounded more than one time, in addition to the penalty to be assessed for violation of this code, the caregiver shall indicate in writing to the Township whether the cat is to be returned to the caregiver or to a shelter. If the community cat is then returned to the caregiver and the community cat is subsequently impounded again, it shall not be returned to the caregiver but instead taken to an animal shelter. 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, transferred to a humane society or private animal nonprofit organization or placed in foster care, then Animal Services, acting in good faith and upon reasonable belief, shall humanely euthanize the cat upon advice of a licensed veterinarian.
F. 
Nuisance abatement and resolution.
(1) 
A community cat that a) habitually howls, squawks or causes other objectionable noise resulting in a serious annoyance to a reasonable person shall be deemed to be committing an act in violation of this section; or b) disturbs the peace by habitually or repeatedly destroying, desecrating or soiling public or private property shall constitute a public nuisance.
(2) 
Animal Services and/or the Township of Maple Shade Code Enforcement Officer shall investigate an alleged violation of this section upon the receipt of a sworn complaint in a form provided by Animal Services and signed by the individual making the complaint and who resides where the violation occurred or in close vicinity of the alleged violation. For the enforcement of Subsection F(2) herein, the complaint shall specify the address or location of the alleged violation, the nature, time and date(s) of the act, the name and address of the caregiver, if known, and a description of the animal, if known.
(3) 
Animal Services and/or the Township of Maple Shade Code Enforcement Officer, upon receipt of the sworn complaint, shall issue a citation to the caregiver of any animal alleged to be in violation of the subsection, or remove the animal from the property if no owner is located.
The Township through its enforcement agencies or Animal Control shall have the following rights:
A. 
The right to seize or remove cats from a colony that have not been vaccinated against rabies and which are demonstrating signs of disease.
B. 
The right to seize/remove a cat from a colony that is creating a nuisance as defined above and the caregiver has been given 10 days to remove and relocate the cat and has failed to do so.
Any person(s) who is found to be in violation of the provisions of this article shall, upon conviction thereof, be subject to the following:
A. 
Warning.
B. 
Second offense: $250.
C. 
Each subsequent offense: $500.