[Added 9-21-2022 by Ord.
No. O-22-30]
The purpose of this article is to establish an ordinance to
implement a Trap-Neuter-Return (TNR) Program within the City of Bayonne
for feral cats. The City believes it is in the best interests of the
health, safety, and welfare of the citizens of Bayonne to institute
a TNR Program in an effort to reduce the population of feral and stray
cats, thus benefitting public health, improving the quality of life
for residents and ensuring the humane treatment of said cats.
The City's Third-Party Animal Control Officer along with
the City's Health Department shall administer and implement the
program set forth in this article in accordance with applicable guidelines
and standards as set forth in state and local statutes. In the event
the City does not have a Third-Party Animal Control Officer, the City's
appointed Animal Control Officers along with the City's Health
Department shall administer and implement the programs set forth in
this Article.
[Added 9-21-2022 by Ord.
No. O-22-30]
For the purpose of this article, the following terms shall have
the meanings set forth in this article. When not consistent with the
context, words used in the present tense include the future, words
in the plural number include the singular, words in the singular number
include the plural, and words in the male gender include the female
gender:
Any person employed or appointed by the City or a third-party
entity contracted with the City as an animal control officer who is
authorized to investigate violations of laws and regulations concerning
animals, and to issue violations in accordance with New Jersey law
and this article.
Any person who provides care, including food, water, shelter
or medical care to a feral or stray cat on an uncompensated, voluntary
basis and who must act in accordance with this article and any rules
and regulations that may be established by the Municipal Council by
resolution.
A cat that is socialized to humans and is appropriate as
a companion for humans and remains indoors.
A tagged, notched or tipped left ear as performed by a licensed
veterinarian.
An electronic chip inserted into the cat by a veterinarian
in accordance with professional medical standards.
A cat that:
A group of cats that congregate, more or less, together as
a unit. Although not every cat in a colony may be feral, any nonferal
cats that congregate with a colony shall be deemed to be part of it.
Disturbing the peace by (a) habitually or continually howling,
crying, screaming or other objectionable noise resulting in serious
annoyance to a reasonable person, or (b) the habitual and significant
destruction, desecration, littering or soiling of public or private
property against the wishes of the owner of the property.
Any person, firm, corporation, partnership, association,
trust, estate or any other legal entity.
A cat that is off the property of the owner, is not under
the physical control and restraint of the owner, is not regularly
provided with food by its owner and/or is temporarily lost.
A shelter that provides protection from rain, sun and other
elements that is adequate to protect the health of the cat.
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.
[Added 9-21-2022 by Ord.
No. O-22-30]
a.
Provide appropriate and adequate food, water, and shelter for their
cats, pursuant to N.J.S.A. 4:22-26;
b.
Exercise reasonable care to guard against the cat creating a nuisance;
c.
Not permit a sexually intact (not spayed or neutered) domesticated
cat to roam unsupervised; and
d.
Not abandon a domesticated cat, pursuant to N.J.S.A. 4:22-26.
[Added 9-21-2022 by Ord.
No. O-22-30]
a.
The City hereby establishes the following feral cat requirements:
1.
Registering the feral cat colony with the City of Bayonne Health
Department.
2.
Making reasonable efforts to have all feral cats within their care
spayed/neutered and ear-tipped for easy identification. Procedures
are to be done by a licensed veterinarian.
3.
Making reasonable efforts to have all feral cats within their care
vaccinated against rabies.
4.
Providing the Health Department with a description of each cat in
the colony and copies of documents evidencing that the cats have been
spayed/neutered and/or vaccinated against rabies.
5.
Obtaining the approval of the owner of any property to which the
caregiver requires access in order to provide colony care.
6.
Making reasonable efforts to provide certain necessities to each
colony 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, shelter and medical care as needed. If medical
care is unavailable or too expensive, the caregiver must not allow
the cat to suffer.
7.
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
at all times.
8.
Making reasonable efforts to remove young kittens from the colony
after they have been weaned and placing said kittens in homes or foster
homes for the purpose of subsequent permanent placement/domestication.
9.
Observing the colony cats at least twice per week and keeping a record
of and reporting to the Animal Control Officer any illness or unusual
behavior noticed in any colony cats.
10.
Reporting biannually, in writing, by June 30 and December 31 of each
year to the Health Department on the status of the colony, including:
(a)
Data on the number and gender of all cats in the colony,
(b)
The number of cats that have died or otherwise ceased being
part of the colony during the year,
(c)
The number of kittens born to colony cats and their disposition,
and
(d)
The number of cats and kittens placed in permanent homes as
companion cats.
b.
Feral cats meeting the requirements of this article are exempt from
any licensing of this chapter.
c.
An Animal Control Officer shall have the right to remove or authorize
the removal of any stray cat or feral cat because of immediate public
health or safety concerns.
d.
No feral 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 Animal
Control Officer and/or Health Officer and his or her designee.
e.
Healthy colony cats that have been trapped by the City's Animal
Control Officer in accordance with this article shall be considered
to be "on the property of the owner," and thus shall not be subject
to impoundment. Healthy feral cats shall be immediately returned to
the location at which they were found, released to a caregiver or
adopted. Prior to being returned to the location at which they were
found or released to a caregiver, feral cats shall be spayed/neutered
and ear tipped while under anesthesia by a licensed veterinarian and
vaccinated against rabies.
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 the City's Animal
Control Officer, acting in good faith and upon reasonable belief,
may humanely euthanize the cat upon the advice of a licensed veterinarian.
[Added 9-21-2022 by Ord.
No. O-22-30]
a.
Provide training for the cat colony caregivers.
b.
Help resolve any complaints over the conduct of a cat colony caregiver
or of the cats within a colony with the assistance of the Health Officer.
c.
Provide a monthly activity report to the Health Department with their
monthly invoice which includes (i) the date, times and location of
service, (ii) source of cat, (iii) breed of cat, (iv) unique identifying
features of cat, (v) detailed summary of the work performed for each
service call, (vi) veterinary bills related to any and all service,
(vii) photograph of the cat, and (viii) any reports or complaints
received regarding feral cats.
d.
Maintain all required records and documentation related to the service
of feral cats in Bayonne in accordance with state and local laws.
[Added 9-21-2022 by Ord.
No. O-22-30]
a.
The left ear of a feral cat that has been spayed or neutered shall
be earmarked.
b.
The left ear of a feral cat that has been vaccinated shall be earmarked.
c.
If possible, an electronic animal identification device (EAID) shall
be inserted into the feral cat by a licensed veterinarian, in accordance
with professional medical standards. The registered caregiver shall
be named the contact for purposes of the EAID.
[Added 9-21-2022 by Ord.
No. O-22-30]
a.
An Animal Control Officer who has trapped a cat whose left ear has
been earmarked or which bears some other distinguishing mark indicating
that it belongs to a feral cat colony shall scan for an EAID. If an
EAID is found, the Animal Control Officer shall be responsible for
contacting the registered caregiver or other person named as owner
of the cat.
b.
In event the owner or caregiver is unable to immediately take custody
of the cat, an Animal Control Officer shall return the cat to the
appropriate colony.
c.
In the event the cat does not have an EAID, the Animal Control Officer
shall contact the Health Department in order for the cat to be properly
placed in a colony. In the event the cat is a domestic cat, the Animal
Control Officer shall arrange for care of the cat until the owner
is located and may determine the disposition of said cat in those
circumstances in which the domestic cat's owner cannot be located.
[Added 9-21-2022 by Ord.
No. O-22-30]
a.
The City established a Trap Neuter Release Reserve Account to fund
and provide services to offset the costs of trapping, spaying/neutering
and vaccinating captured feral cats that can be returned to an appropriate,
controlled, protected and registered colony site.
b.
The City may establish a fund to support the TNR Program. Any funds
collected shall be given to the Chief Financial Officer and placed
in an established fund dedicated to the fulfillment of the TNR Program,
as allowed under applicable laws.
[Added 9-21-2022 by Ord.
No. O-22-30]
No feral cat colonies shall be permitted to be established in
any area designated by state or federal agencies as areas reserved
for protected or endangered species of birds.
[Added 9-21-2022 by Ord.
No. O-22-30]
The Animal Control Officer shall have the following rights and
authority:
a.
The right to seize or remove cats from a colony that have not been
vaccinated against rabies and which are demonstrating signs of the
disease.
b.
The right to seize or remove a cat from a colony that is creating
a nuisance, as defined above, and the caregiver has been given 30
days to remove and relocate the cat and has failed to do so.
c.
The right to seize or remove a colony of cats whenever the caregiver
regularly fails to comply with the requirements of this article and
the Animal Control Officer and/or Health Officer and his or her designee
has/have not been able to obtain a replacement or substitute caregiver
within 30 days of the City's notice and/or violation of the caregiver's
failure to comply with this article.
d.
The right to seize or remove cats from a colony if it is determined
that there is a public health threat, including but not limited to,
zoonotic diseases, feline FIV or leukemia.
e.
The Health Officer and his or her designee shall have the authority
to issue notices and/or violations pursuant to this article.
f.
The City Council shall have the authority to adopt by resolution
further rules and regulations applicable to the TNR Program that are
consistent with this article.
[Added 9-21-2022 by Ord.
No. O-22-30]
The requirements of this Chapter 5, Article VIII notwithstanding, the Animal Control Officer and/or the Health Officer and his or her designee may investigate any nuisance complaints.
The City's Animal Control Officer and/or the Health Officer
and his or her designee shall investigate an alleged violation of
this article upon the receipt of two written complaints in a form
provided by the City of Bayonne, signed by two unrelated City residents
living in separate dwellings in the close vicinity of the alleged
violation. For the enforcement of this subsection, one of the written
complaints may be provided by a person who works for a recognized
business or agency that regularly or frequently provides service(s)
in the close vicinity of the alleged violation. The written complaints
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 owner
or caregiver, if known, and a description of the animal, if known.
Animal Control Officer and/or the Health Officer and his or
her designee, upon the receipt of two written complaints as provided
for in this article, may issue a violation to any person, including
but not limited to a property owner and/or caregiver, alleged to be
in violation of this article.
[Added 9-21-2022 by Ord.
No. O-22-30]
Any person who violates any one or more provisions of this Chapter 5, Article VIII, shall upon conviction of a violation, be subject to a minimum fine of $100 and a maximum fine of $1,250 for each separate offense. In the case of a continuing violation or violations, a fine of not more than $1,250 may be assessed for each day that said violation or violations are not corrected or abated. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
