[Added 4-10-2018 by Ord.
No. 3494]
As used in this chapter:
ANIMAL CONTROL PROVIDER
Shall mean any agency contracted or hired by the Township
of Belleville to coordinate and monitor the TNR program.
CAREGIVER
Shall mean any person who provides food, water, and shelter
to or otherwise cares for a cat.
CODE OFFICIAL
Shall mean any person or agency employed by the Township
of Belleville or appointed by the Township who is authorized to investigate
violations of laws, regulations concerning cats, and to issue citations
in accordance with New Jersey law and this section.
DOMESTICATED CAT
Shall mean a cat that is socialized to humans and is appropriate
as a companion for humans.
EAR-TIPPING
Shall mean a straight-line cutting of the tip of the left
ear of a cat by a license veterinarian while the cat is anesthetized.
FEEDING
Shall mean to give, place, expose, deposit, distribute or
scatter any edible material.
FERAL CAT
Shall mean a cat which is completely or substantially un-socialized
to humans. The usual and consistent temperament of a feral cat is
extreme fear and resistance to contact with humans. Feral cats are
either born in the wild, the offspring of tame or feral cats and not
socialized; or formerly tame cats who have been abandoned and have
reverted to an untamed state.
FERAL CAT COLONY
Shall mean an individual feral cat or a group of cats which
congregate together outside as a unit. Any non-feral cats who congregate
with a multiple cat colony shall be deemed part of it.
FERAL CAT COLONY SIGN
Shall mean a visible sign posted near the colony stating
that the colony is registered with the TNR Committee and the cats,
food, and shelter must not be removed.
NUISANCE
Shall mean disturbing the peace by habitually or continually
howling, crying, screaming, or the unreasonable destruction, desecration
or soiling of property against the wishes of the property owner.
OWNER
Shall mean any person, firm, corporation, partnership, association,
trust, estate, or any other legal entity.
STRAY CAT
Shall mean a cat which is regularly off the property of the
owner, is not under physical control and restraint of the owner and
is not regularly provided with food by the owner.
SUITABLE SHELTER
Shall mean shelter that provides protection from rain, sun,
and other elements that is adequate to protect the health of the cat.
TAME CAT
Shall mean a cat which is socialized to humans and is appropriate
as a companion for humans.
TNR
Shall mean Trap, Neuter, and Return.
TNR COMMITTEE
Shall mean any person or entity appointed by the Township
Council who will perform the duties and responsibilities as established
in this section.
TNR PROGRAM
Shall mean a program pursuant to which feral and stray cats
are trapped, neutered or spayed, vaccinated against rabies, ear-tipped
and returned to the location where they congregate.
[Added 4-10-2018 by Ord.
No. 3494]
Feral cat colonies shall be permitted and caregivers shall be
entitled to maintain them in accordance with the terms and conditions
of this chapter.
[Added 4-10-2018 by Ord.
No. 3494]
It shall be duty of the animal control provider to:
a. Provide training and education for the cat colony caregivers;
b. Help resolve any complaints over the conduct of a cat colony caregiver
of cats within a colony.
[Added 4-10-2018 by Ord.
No. 3494]
It shall be the duty of the TNR Committee Responsibilities to:
a. Help resolve any complaints over the conduct of a colony caregiver
or of cats within a colony;
b. Maintain records provided by colony caregivers on the registration,
size and location of the colonies, as well as the vaccination and
spay/neuter records of cats in the caregiver's colonies;
c. Report semiannually in writing to the Township's Code Official
on the status of the colony, including data on the number and gender
of all cats in the colony, the number of cats who died or otherwise
ceased being a part of the colony during the prior six-month period,
the number of kittens born to colony cats and their disposition, the
number of cats and kittens spayed and neutered and the number of cats
and kittens placed in permanent homes as companion cats.
d. Provide the semi-annual report forms to caregivers and provide assistance
on request by the caregiver in the preparation of the forms.
[Added 4-10-2018 by Ord.
No. 3494]
It shall be the duty of the feral cat caregivers to:
a. Register the feral cat colony with the TNR Committee;
b. Take steps to vaccinate the colony population for rabies and update
the required vaccination protocols whenever possible; take steps to
get all cats in the colony population spayed/neutered by a licensed
veterinarian.
c. Maintain digital photos of each cat in the colony and copies of documents
evidencing that the cats have been vaccinated, spayed/neutered and
ear-tipped; providing food, water and suitable shelter for colony
cats;
d. Observe the colony cats and keep a record of any illnesses or any
unusual behavior noticed in the colony cats;
e. Obtain the written approval of owners of any property to which the
caregiver required access to provide colony care;
f. Take steps, in the event that kittens are born to a colony cat, to
remove the kittens from the colony after they have been weaned, and
place the kittens in home, foster homes, or with animal shelter, rescue
organizations or veterinary offices for the purpose of subsequent
permanent placement;
g. Report semiannually in writing to the TNR Committee on the status
of the colony, the total number of cats in the colony, including data
on the number and gender of all cats in the colony, the number of
cats who dies or otherwise ceased being a part of the colony during
the prior six-month period, the number of kittens born to colony cats
and their disposition, the number of cats and kittens spayed and neutered
and the number of cats and kittens place in permanent homes as companion
cats;
h. Obtaining proper medical attention for any colony cat who appears
to require it;
i. Undergoing training for themselves and their responsible substitutes
in the property management of a colony as developed and verified by
the animal control provider;
j. Setting up consistent and monitored feeding schedules. Feeding shall
be limited to daylight hours. All remaining food must be removed daily;
k. Ear-tip all cats with a single cut on the left ear;
l. Provide a feral cat colony sign near the colony.
[Added 4-10-2018 by Ord.
No. 3494]
The following provisions of the Township of Belleville shall
not apply to feral cat colonies managed by the TNR Program or to any
person or organization that provides care for a feral cat colony and
is taking steps to trap and sterilize the animals:
[Added 4-10-2018 by Ord.
No. 3494]
Any person undertaking the duties and responsibilities of a
cat colony caregiver shall first be registered with the TNR Committee
at no cost. A registered caregiver shall not be considered an owner
or be subject to regulations governing ownership of control of an
animal, except as specified in this chapter.
[Added 4-10-2018 by Ord.
No. 3494]
The Township shall retain the following rights:
a. The right to seize or remove from a colony cats which have not been
vaccinated against rabies and who are demonstrating signs of disease.
b. The right to seize or remove from a colony a cat which is creating
a nuisance after the caregiver has been given 30 days to resolve the
complaint or remove and relocate the cat and have failed to do so.
c. The right to seize or remove a colony of cats when the caregiver
regularly fails to comply with the requirements of this chapter and
the TNR Committee has not been able to obtain a replacement or substitute
caregiver within 30 days of the Township's notice to the Committee
of the caregiver's failure to comply with this chapter.
d. The right to replace or remove a caregiver who fails to comply with
the responsibilities and requirements of this chapter after reasonable
notice is provided to the caregiver of noncompliance.
[Added 4-10-2018 by Ord.
No. 3494]
The requirement of this chapter notwithstanding, Code Officials
and Police Officers may investigate any nuisance complaint. If any
Code Official or Police Officer determines that an ear-tipped feral
cat colony cat is causing a nuisance as defined by this chapter, the
Code Official or Police Officer shall contact the TNR Committee and
allow the TNR Committee 30 days to resolve the complaint or remove
the cat before the officer takes further action. The caregiver or
TNR committee must begin nuisance abatement procedures within 48 hours
after being notified of a nuisance and must take all reasonable steps
to resolve the nuisance in as short a time period as possible, not
to exceed 30 days. If the TNR Committee fails to resolve the nuisance
or remove the cat within the 30 days, the Code Official may have the
cat removed. If a Code Official or Police Officer reasonably determines
that a cat is injured or poses a significant threat to public health,
the Code Official or Police Officer may reduce the time that the TNR
Committee 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 Code Official or Police Officer
may remove the cat, but within 24 hours the Township must provide
the TNR Committee with notice of the cat's whereabouts and allow
the TNR Committee an opportunity to retrieve the cat for treatment,
return or relocation.
[Added 4-10-2018 by Ord.
No. 3494]
This section shall be enforced by the Code Official or Police
Department and any other Department hereinafter designated by the
Township Council.
[Added 4-10-2018 by Ord.
No. 3494]
Any person who violates or who fail or refuses to comply with
this chapter shall be liable to a penalty of not less than $50 nor
more than $250 for each and every offense.