The purpose of this article is to effectively and humanely control community cat populations within the borders of the City of Estell Manor. Upon consideration of the volunteers of the City's Cat Committee's recommendations, the City shall institute a trap, neuter, and return (TNR) program in an effort to reduce the community cat population over time to reduce and/or eliminate the necessity of wholesale capture and euthanasia. The City has crafted this article to provide for the reduction of community cat colonies through TNR. The City's Animal Control Officer, or other representative as designated by the City, shall administer and implement the programs set forth in this chapter in accordance with applicable guidelines and standards as set forth in any and all applicable federal, state and local statutes.
[Adopted 7-2-2024 by Ord. No. 14-2024]
As used in this article, the following terms shall have the meanings indicated:
Any free-roaming, feral, or barn cat that may be cared for by one or more residents of the immediate areas and which has no discernable form of ownership identification.
A person who may provide care, including food, water, shelter or medical care to a community cat. A community cat caregiver shall not be considered to be the owner, custodian, harborer, controller or keeper of a community cat.
The removal of the 1/4" tip of a community cat's left ear, performed while the cat is under anesthesia by a veterinarian licensed by the State of New Jersey and designed to be an indication that the community cat has been sterilized and vaccinated for rabies.
A cat that:
Sufficient food means access to uncontaminated, palatable food, appropriate for the species of animal, on a regular, ongoing basis in quantities sufficient to maintain a regular body weight as determined by Purina Body Score System or a veterinarian.
Sufficient water means access to clean, potable water on a regular, ongoing basis in quantities sufficient to prevent the animal from experiencing dehydration.
Trap, neuter, return.
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.
An individual who is licensed to engage in the practice of veterinary medicine in accordance with the rules and regulations of the jurisdiction in which services are to be provided.
The City may establish a fund to provide services to offset the costs of spaying, neutering, and vaccinating captured feral cats that can be returned to the location at which they were found or released to a caregiver. Any funds collected shall be given to the City Financial Officer and placed in the established fund dedicated to the fulfillment of the Community Cat Program, as allowed under applicable laws. Funding assistance may be limited or unavailable depending on the budget and other influential factors.
A.
The City 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)
No cat shall be maintained in a manner on any property that causes unsanitary conditions; infestation of insects or rodents; or any physical condition that endanger the health or safety of humans.
(3)
Location of community cat colonies. All managed community cat colonies must be maintained in compliance with trespassing and property laws.
(4)
All community cat caregivers shall have all free-roaming cats within their care sterilized, vaccinated against rabies, and ear-tipped for easy identification. Caregivers may be responsible for paying for the above services in the sole discretion of the City's Animal Control Officer, or other representative as designated by the City.
(5)
All community cat caregivers are required to make reasonable efforts to provide certain necessities to each community cat under their care on a regular/ongoing basis, including but not limited to proper nutrition, adequate quantities of visibly clean and fresh water, grooming as required to prevent suffering, medical care and any other generally accepted standards of humane care and treatment.
(6)
Food must be offered to cats in a container and shall not be dumped on the ground. Feeding areas must be maintained in a clean and sanitary condition.
(7)
Community caregivers shall not allow a cat to unnecessarily suffer. 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, or other representative as designated by the City, acting in good faith and upon reasonable belief, may humanely euthanize the cat upon the advice of a licensed veterinarian. All the costs of medical treatment provided, inclusive of euthanasia, may be the responsibility of the owner in the sole discretion of the City's Animal Control Officer, or other representative as designated by the City.
(8)
Community cats meeting the requirements of this section are exempt from any licensing, stray and at-large provisions of this article.
(9)
Community Cat Caregivers must cooperate with the City's Animal Control Officer, or other representative as designated by the City.
B.
An Animal Control Officer, or other representative as designated by the City, or the New Jersey State Police shall have the right to remove or authorize the removal of any free-roaming cat or community cat because of nuisance, immediate public health or safety concerns.
C.
Nuisance abatement and resolution.
(1)
A community cat that disturbs the peace by habitually or repeatedly destroying private property shall constitute a public nuisance.
(2)
The designated Animal Control Officer or other representative as designated by the City shall investigate an alleged violation of this section upon the receipt of two sworn affidavits of complaint in a form provided by the designated Animal Control Officer, or other representative as designated by the City, and signed by two unrelated City residents living in separate dwellings in the close vicinity of the alleged violation. One of the affidavits may be provided by a person who works for a recognized business or agency that regularly or frequently provides service in the close vicinity of the alleged violation. The affidavit 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 custodian, if known, and a description of the animal, if known.
(3)
The designated Animal Control Officer, or other representative as designated by the City, upon the receipt of two sworn affidavits of complaint as provided for in this section, may issue a citation to the owner or custodian of any animal alleged to be in violation of this section.
Any person or caregiver determined to be in violation of Subsections A through B below shall be issued a written warning and be allowed a period of time in the discretion of the Animal Control Officer, but not longer than 90 days, to come into compliance, and provide satisfactory evidence of working to achieve compliance. Failure to comply shall result in a violation of this article, which may result in the issuance of a citation. Caregivers of feral cat colonies shall implement proper management and sterilization practices, as well as seek the assistance of the Animal Control Officer or other representative as designated by the City as follows:
A.
Sterilize (spay/neuter) all adult cats that can be captured.
B.
Vaccinate, as required by law, all cats that can be captured against rabies, and any other infectious disease as mandated by law.
C.
Make every attempt to have all sterilized cats ear-tipped with a single cut, on the left ear for each cat in the colony.
D.
Maintain proof of sterilization, vaccination, ear tipping and medical records for all cats.
The City Council shall have the authority to adopt further rules and regulations applicable to the "Community Cat Program" to the extent that the same are consistent with the provisions of this article.