[Adopted 3-15-2000 by Ord. No. 2000-5 (Ch.
50 of the 1975 Code)]
The words hereinafter defined shall have the
meanings herein indicated for the purposes of this article as follows:
Dog or cat.
Any person or agency designated or certified by the State
of New Jersey to enforce the provisions of this article.
Any member of the domestic feline species; male, female,
or altered.
Any room or group of rooms, cage or exhibition pen, not part
of a kennel, wherein cats for sale are kept or displayed.
Maintaining custody or control over a cat or permitting a
cat to remain on premises or providing shelter or food, which shall
include the leaving of food in an area to which stray cats have access.
Rendered permanently incapable of reproduction as certified
by a licensed veterinarian.
When applied to the proprietorship of a cat shall include
every person having a right of property (or custody) in such cat and
every person who has such cat in his or her keeping, or who harbors
or maintains a cat or knowingly permits a cat to remain on or about
any premises occupied by that person. The "owner" must be at least
18 years of age. If the "owner" is less than 18 years of age, a parent
of legal guardian shall become co-owner of the cat and assume full
responsibility, in lieu of the minor, in order to comply with the
provisions of this article.
Any individual, corporation, partnership, organization or
institution commonly recognized by law as a unit.
An establishment for the confinement of cats seized either
under the provisions of this article or otherwise. For purposes of
this article, the "pound" shall be the Burlington County Animal Shelter.
A cat shall be considered a "public nuisance" if it has no
known owner or custodian, if it has no known place of care or shelter
or if it trespasses upon or damages either private or public property
or annoys or harms lawful users or occupants thereof.
A cat having no known owner or custodian or no known place
of care and shelter.
[Added 4-11-2013 by Ord. No. 2013-02[1]]
No person shall keep or harbor more than seven cats over the
age of six months within the Township, on any premises or lot, with
the exception of kennels, pet shops, pounds or shelters as defined
herein and in applicable law. Persons owning more than the aforementioned
stated number of cats as of April 1, 2013, shall conform to the provisions
of this section by April 1, 2015. In the event that any person keeps
or harbors cats in excess of the aforementioned permitted number (said
cats being referred to hereinafter as “excess cats”),
he or she shall not replace or substitute any cat for an excess cat
which dies or permanently leaves the premises.
A.
Vaccination
required. No person shall own, keep, harbor or maintain any cat over
seven months of age within the Township of Maple Shade unless such
cat is vaccinated. The provisions of this section do not apply to
cats held in a cattery, or those held by a state or federal licensed
research facility, or a veterinary establishment where cats are received
or kept for diagnostic, medical, surgical or other treatments, or
licensed animal shelters, pounds, kennels or pet shops.
B.
Vaccination by veterinarian. All cats shall be vaccinated against rabies by a licensed veterinarian in accordance with the latest "Compendium of Animal Rabies Vaccines and Recommendations for Immunization" published by the National Association of State Public Health Veterinarians, except as provided for in Subsection D.
C.
Vaccination certificate. A certificate of vaccination shall be issued to the owner of each animal vaccinated on a form recommended by the state. Any person who owns, keeps, harbors or maintains a cat within the Township shall be required to produce said certificate to the Township, or an authorized representative thereof, upon a complaint that said cat is a public nuisance as defined herein or is without identification as required under § 63-26 of this article.
D.
Exemptions.
Any cat may be exempted from the requirements of such vaccination
for a specified period of time by the local Board of Health, upon
presentation of a veterinarian's certificate stating that because
of an infirmity or other physical condition or regimen of therapy,
the inoculation of such cat shall be deemed inadvisable.
Any person who shall own, keep or harbor a cat
shall, for each cat so owned, kept or harbored, place upon such cat
a collar or other device with the name and address of the person owning,
keeping or harboring such cat securely fastened or displayed thereto.
Acceptable methods of displaying the aforementioned information shall
include, but are not limited to, breakaway or elastic collars.
No person shall hinder, molest or interfere
with anyone authorized or empowered to perform any duty under this
article.
Moneys collected or received under the provisions
of this article shall be forwarded to the Treasurer of the municipality
and shall be placed in a special account separate from any of the
other accounts of the municipality and shall be used for the following
purposes only: collecting, keeping and disposing of cats liable to
seizure; for local prevention and control of rabies; providing antirabies
treatment under the direction of the local Board of Health for any
person known or suspected to have been exposed to rabies; and for
administering the provisions of this article. Any unexpected balance
remaining in such special account shall be retained until the end
of the third fiscal year following, and may be used for any purposes
set forth in this section. At the end of the said third fiscal year
following, and at the end of each fiscal year thereafter, there shall
be transferred from such special account to the general funds of the
municipality any amount then in such account which is in excess of
the total amount paid into the special account during the last two
fiscal years next preceding.
A.
Although it is not unlawful for any person or corporation owning, keeping, harboring or housing the custody or possession of any cat to permit such cat at any time to be in or upon any public street, avenue, road or highway or upon any public place or place to which the general public is invited, or to permit such cat at any time to run at large in the Township of Maple Shade, such cat shall not be a public nuisance as defined hereunder nor shall it fail to contain the identification required under § 63-26 of this article.
B.
It shall be unlawful for any person or corporation
owning, keeping, harboring or housing the custody or possession of
any cat to permit such cat to be in or upon any private property or
premises belonging to another person without the express and prior
authority of such person.
C.
No one shall permit or suffer such cat to any injury,
or to do any damage to any lawn, shrubbery, flowers, grounds or property.
The Animal Control Officer, any police officer or any other person designated by the Township Council as a person authorized to enforce the provisions of this article shall, upon receipt of a complaint that a cat is a public nuisance as defined herein, seize that cat and transport same to the Burlington County Animal Shelter where said cat will be held for a period of seven full days from the date of apprehension. Those persons described in this section shall also seize cats that do not contain the identification required pursuant to § 63-26 hereunder.
A.
If any cat apprehended pursuant to the provisions
of this article bears any identification of ownership or place of
abode, the Animal Control Officer or other duly authorized apprehending
official shall, on the date of apprehension, notify the owner or the
occupant of the place of abode that the animal has been apprehended
and that it may be claimed at a designated location, subject to the
provisions of this article.
B.
A notice under this section may be served either by
delivering it to the person to whom it is to be served or by leaving
it at the person's usual or last known place of abode or by forwarding
it by post in a prepaid letter addressed to that person at his or
her usual or last known place of abode.
During the seven-day custodial period, any cat
so incarcerated may be claimed by its owner upon payment to the Animal
Control Officer or authorized custodian of all reasonable expenses
incurred by reason of its detention, including the sum of $5 for the
first 12 hours and the sum of $1 for each additional day or fraction
thereof thereafter.
Any cat which has been seized pursuant to this
article and which has not been reclaimed during the custodial period
herein set forth may be claimed by any person willing to assume the
responsibilities of ownership. Otherwise, the cat may be adopted or
disposed of in accordance with the laws of the State of New Jersey.
[Amended 9-20-2000 by Ord. No. 2000-11; 4-16-2008 by Ord. No. 2008-07]