[Adopted 3-14-2007 by Ord. No. 2007-01]
For the purpose of this article, the following
terms shall have the meanings set forth in this section. When not
inconsistent 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.
An owner or caregiver has forsaken a domesticated cat entirely,
or has neglected or refused to provide care and support of the cat.
Any person employed or appointed by the Township who is authorized
to investigate violations of law and regulations concerning animals
and to issue citations in accordance with New Jersey law and this
Code.
Any person who provides food, water or shelter to or otherwise
cares for a cat.
A cat that is socialized to humans and is appropriate as
a companion for humans.
Straight-line cutting of the tip of the left ear of a cat
while the cat is anesthetized.
A cat that exists in a wild or untamed state, either due
to birth or reversion to a wild state from domestication. The usual
and consistent temperament of a feral cat is extreme fear and resistance
to contact with humans. Feral cats are completely or substantially
unsocialized to humans.
A group of cats that congregates, 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 a part of
it.
Disturbing the peace by:
Any person, firm, corporation, partnership, association,
trust, estate, or other legal entity.
A for-profit or not-for-profit entity, or a collaboration
of individuals with at least one of its purposes being the adoption
or placement of cats in homes with humans to serve as companion animals.
A cat that is regularly off the property of the owner, is
not under the physical control and restraint of the owner and is not
regularly provided with food by its owner.
Shelter that provides protection from rain, sun, and other
elements that is adequate to protect the health of the cat.
Trap, neuter and 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.
Those diseases transmittable to humans from animals, including
parasitic, bacterial, fungal and viral diseases.
A.
Owners of domesticated cats shall provide appropriate
and adequate food, water and shelter for their cats.
B.
The owner of a domesticated cat shall exercise reasonable
care to guard against the cat creating a nuisance.
C.
The owner of a sexually intact (not spayed or neutered)
domesticated cat shall not permit his/her cat to roam unsupervised.
D.
An owner shall not abandon a domesticated cat.
A.
Feral cats shall be permitted and a caregiver shall
be entitled to maintain them in accordance with the terms and conditions
of this article.
B.
Sponsorship of colony TNR programs. The Burlington
County Feral Cat Initiative Program sponsored by Nature's Refuge,
a nonprofit animal education organization, is approved. Other persons
may apply to the Township to serve as colony TNR program sponsors
("sponsors") so long as said persons agree to perform the responsibilities
stated in this article for sponsors.
C.
Sponsor requirements. It shall be the duty of the
sponsor to:
(1)
Review and approve of colony caregivers;
(2)
Help to resolve any complaints over the conduct of
a colony caregiver or of cats within a colony;
(3)
Maintain records provided by colony caregivers on
the size and location of the colonies as well as the vaccination and
spay/neuter records of cats in the sponsor's colonies; and
(5)
Use due consideration to avoid the taking of rare,
threatened or endangered species under the Endangered and Nongame
Species Conservation Act, N.J.S.A. 23:2A-1 et seq.
D.
Feral cat caregiver requirements. Caregivers are responsible
for the following:
(1)
Registering the feral cat colony with the sponsor;
(2)
Taking steps that are reasonably likely to result
in the vaccination of the colony population for rabies and making
reasonable efforts to update the vaccinations of cats that can be
recaptured;
(3)
Taking steps that are reasonably likely to result
in the spay/neuter, by a licensed veterinarian, of at least 90% of
the colony population;
(4)
Providing the sponsor with descriptions of each cat
in the colony and copies of documents evidencing that the cats have
been vaccinated and spayed/neutered;
(5)
Providing food, water and, if feasible, shelter for
colony cats;
(6)
Observing the colony cats at least twice per week
and keeping a record of any illnesses or unusual behavior noticed
in any colony cats;
(7)
Obtaining the approval of the owner of the property
to which the caregiver requires access to provide colony care;
(8)
In the event that kittens are born to a colony cat,
the caregiver shall take reasonable steps likely to result in the
removal of the kittens from the colony after they have been weaned,
and for the placement of the kittens in homes or foster homes for
the purpose of subsequent permanent placement;
(9)
Reporting annually, in writing, to the sponsor on
the status of the colony, including data on the number and gender
of all cats in the colony; the number of cats that died or otherwise
ceased being a part of the colony during the year; the number of kittens
born to colony cats and their disposition and the number of cats and
kittens placed in permanent homes as companion cats; and
(10)
Obtaining proper medical attention for any colony
cat that appears to require it.
E.
Colony cat requirements.
(1)
The left ear of a colony cat that has been spayed
or neutered and vaccinated shall be ear tipped.
(2)
An electronic animal identification device (EAID)
shall be inserted into the cat by a veterinarian in accordance with
professional medical standards. The sponsor shall be the named contact
for purposes of the EAID.
F.
Disposition of colony cats.
(1)
An animal control officer who has trapped a cat whose
left ear has been tipped or which bears some other distinguishing
mark indicating that it belongs to a feral cat colony shall scan the
cat for an EAID. If an EAID is found, the officer shall be responsible
for contacting the sponsor or other person named as owner of the cat.
(2)
If the owner or sponsor is not able to immediately
take custody of the cat, the officer shall transport the cat to the
Burlington County Animal Shelter. The owner or sponsor shall be responsible
for retrieving the cat from the shelter within three business days
or advising the Shelter if the owner or sponsor does not intend to
retrieve the cat.
A.
The Township shall have the following rights:
(1)
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.
(2)
The right to seize/remove a cat from a colony that
is creating a nuisance as defined above and the caregiver and sponsor
have been given 60 days to remove and relocate the cat and have failed
to do so.
(3)
The right to seize/remove a colony of cats when the caregiver regularly fails to comply with the requirements of § 48-21D and the sponsor has not been able to obtain a replacement or substitute caregiver within 60 days of the Township's notice to the sponsor of the caregiver's failure to comply with this article.
B.
The requirements of this article notwithstanding,
animal control officers and police officers may investigate any nuisance
complaint.
