[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:
a. 
Licensing.
[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.