As used in this article, the following terms shall have the meanings indicated:
CAT
Any cat over the age of six months.
DWELLING UNIT
A house, apartment, store or other building, whether or not used or designated for use as a dwelling.
FAMILY GROUP
The immediate family group occupying one dwelling unit.
[Amended 11-10-2014 by Ord. No. O-14-18]
It shall be unlawful to own, harbor or maintain a cat of more than six months of age, unless the owner thereof or the person harboring or maintaining the same shall have a valid license for such cat. The provisions of this section do not apply to feral cat colonies managed in accordance with the provisions of § 113-21.1.
[Amended 12-18-1979 by Ord. No. G-173-79; 4-6-1993]
A. 
The annual license fee for cats over six months of age shall be as follows:
[Amended 12-14-2004]
(1) 
For each male cat: $5.
(2) 
For each female cat: $7.50.
(3) 
For each neutered cat, provided that there shall be exhibited a certificate from a licensed veterinary surgeon showing that the cat has been properly neutered: $3.
B. 
A metal tag marked with a number to correspond with the number of the license shall be issued with the license and shall be attached to a collar and at all times be worn by the cat so licensed when at large. The tag shall be procured by the Health Department. In the event that the tag shall be lost or destroyed, the Health Department is authorized to issue a duplicate tag for that particular cat at a fee of $0.25. Tags shall not be transferable to a cat other than the one for which the tag was originally issued.
C. 
The fees collected under this section shall be deposited in the general funds of the Township.
Any person keeping or having in his possession cats for breeding, selling or exchanging purposes shall be subject to § 113-3, referring to pet shops, and shall obtain a license as such.
The Township Clerk shall keep a record book showing the names of owners, custodians or harborers of cats, the description of each cat owned or harbored, date of the issuance of license and the amount of the fee.
The Police Chief or any police officer designated for that purpose by the Police Chief, the Associated Humane Societies of New Jersey or any similar organization designated by the Police Chief shall take into custody and impound or cause to be taken into custody or impounded, and thereafter destroyed or disposed of as provided for in this article:
A. 
Any cat off the premises of the owner or of the person keeping or harboring the cat which the official or his agent has reason to believe is a stray cat.
B. 
Any cat off the premises of the owner or the person keeping or harboring the cat without a current registration tag on his collar.
C. 
Any female cat in season off the premises of the owner or of the person keeping or harboring the cat.
D. 
Feral cats managed in accordance with the provisions of § 113-21.1 are exempt from the provisions of this section.
[Added 11-10-2014 by Ord. No. O-14-18]
[Amended 4-17-1979 by Ord. No. G-147-79]
A. 
If any cat so seized wears a collar or harness having inscribed or attached thereto the name and address of any person or a registration tag or if the owner or the person keeping or harboring the cat is known, the Police Chief shall serve on the person whose address is given on the collar or on the owner or the person keeping or harboring the cat, if known, a notice, in writing, stating that the cat has been seized and will be liable to be disposed of or destroyed if not claimed within seven days after service of the notice.
B. 
A notice under this section may be served either by delivering it to the person on whom it is to be served, or by leaving it at the person's usual or last known place of abode or at the address given on the collar, or by forwarding it by mail in a prepaid letter addressed to that person at his usual place of abode or to the address given on the collar.
C. 
The owner of any cat taken or impounded may at any time within seven days after notice or within seven days of the cat's detention, when notice has not or cannot be given, redeem said cat by paying to the issuing authority or a person so designated by him the sum of $10.
[Amended 4-6-1993]
(1) 
The Health Department shall issue a certificate to the owner of the cat upon payment of the redemption fee authorizing the release of the cat from the place impounded.
(2) 
This section shall not be construed to prevent the making of a complaint by the proper authority for imposition of a penalty by the Municipal Judge against the owner of the cat for any violation of this chapter nor the collection of any maintenance and detention charge.
[Amended 4-17-1979 by Ord. No. G-147-79]
When any cat seized under § 113-18 has been detained for seven days after notice, when notice can be given as above set forth, or had been detained for seven days after seizure, when notice has not been and cannot be given as above set forth, and if the owner or person keeping or harboring the cat has not claimed the cat and paid all expenses incurred in its detention and maintenance at the prevailing rates charged per day, together with a redemption fee of $10, and if the cat is unlicensed at the time of the seizure and the owner or person keeping or harboring the cat has not claimed nor produced a license and registration tag for the cat and paid for its detention, maintenance and redemption as above set forth, the Police Chief, the Associated Humane Societies of New Jersey or any similar organization or any person designated for that purpose may cause the cat to be destroyed in a humane manner, causing as little pain as possible.
A. 
No more than four cats shall be sheltered or kept by any one family group. No cat shall be sheltered or kept that is not domesticated. This section does not apply to feral cats managed in accordance with the provisions of § 113-21.1.
[Amended 11-10-2014 by Ord. No. O-14-18]
B. 
The quarters where cats are kept shall be clean and sanitary and such as not to create a health hazard nor disturbance by reason of noise, odor or other causes.
[Added 11-10-2014 by Ord. No. O-14-18]
A. 
Definitions. As used in this section, the following terms shall have the meaning set forth in this provision. 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.
ABANDON
Forsake a cat entirely or neglect to provide appropriate care and support for a cat.
ANIMAL CONTROL OFFICER
Any person employed or appointed by the Township who is authorized to investigate violations of laws and regulations concerning animals, and to issue citations in accordance with New Jersey law and this Code.
CAREGIVER
Any person who provides food, water or shelter to or otherwise cares for a cat, and who has been trained and registered by the sponsor as an approved caregiver.
EAR-TIPPING
Straight-line cutting of the tip of the left ear of a cat by a licensed veterinarian while the cat is anesthetized.
FERAL CAT
A cat who is completely or substantially unsocialized to humans. The usual and consistent temperament of a feral cat is extreme fear and resistance to contact with humans. Feral cats are:
(1) 
Born in the wild;
(2) 
Offspring of tame or feral cats and not socialized; or
(3) 
Formerly tame cats who have been abandoned and have reverted to an untamed state.
FERAL CAT COLONY
An individual feral cat or a group of cats who congregate together outside as a unit. Any nonferal cats who congregate with a multiple-cat colony shall be deemed part of it.
NUISANCE
Disturbing the peace by:
(1) 
Habitually or continually howling, crying or screaming; or
(2) 
The habitual and significant destruction, desecration or soiling of property against the wishes of the owner of the property.
OWNER
Any person, firm, corporation, partnership, association, trust, estate, or any other legal entity.
SPONSOR
An individual or entity qualified and approved by the Township Board of Health and the Township Council to provide the services, and undertake the responsibilities, of a TNR program sponsor as set forth more fully in this article.
SUITABLE SHELTER
Shelter that provides protection from rain, sun, and other elements that is adequate to protect the health of the cat.
TAME CAT
A cat who is socialized to humans and is appropriate as a companion for humans.
TNR
Trap, neuter and return.
TNR PROGRAM
The Township's program set forth in this § 113-21.1 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.
TOWNSHIP
Township of Hillside in the County of Union, New Jersey.
B. 
Abandonment prohibited.
(1) 
The owner of a cat shall not under any circumstances abandon the cat. Affirmatively placing a cat at the location of a feral cat colony on property belonging to another individual or entity shall be considered abandonment.
(2) 
Engaging in trap-neuter-return of feral cats in a manner consistent with the terms of this § 113-21.1 shall not be considered abandonment.
C. 
Feral cat colonies. Feral cat colonies shall be permitted and caregivers shall be entitled to maintain them in accordance with the terms and conditions of this § 113-21.1.
D. 
Sponsorship of TNR program.
(1) 
People for Animals, Inc. is approved as the Township's initial TNR program sponsor. Other persons and organizations may apply to the Township Board of Health to serve as TNR program sponsors ("sponsors"). Any person or entity so applying shall comply with the requirements of this § 113-21.1. Any person intending to undertake the responsibilities of sponsor shall advise the Hillside Township Board of Health in writing and provide his/her/its address and telephone number, and any other information deemed necessary by the Board of Health to evaluate the qualifications of the applicant to provide the services, and assume the obligations, of a sponsor. It is anticipated that the Township will approve of only one TNR program sponsor to provide services at any one time within the Township.
(2) 
It shall be the duty of a sponsor to:
(a) 
Review and approve of colony caregivers;
(b) 
Assist approved caregivers with getting cats spayed/neutered, ear-tipped and vaccinated if they are unable to do so on their own;
(c) 
Help to resolve any complaints over the conduct of a colony caregiver or of cats within a colony;
(d) 
Maintain records provided by colony caregivers on the size and location of the colonies as well as the vaccination, ear-tipping and spay/neuter records of cats in the colonies, and make these available to the Health Officer or Animal Control Officer upon request; and
(e) 
Report annually to the Township on the following:
[1] 
Number of colonies in the Township;
[2] 
Total number of cats in each colony;
[3] 
Number of cats and kittens spayed and neutered, ear-tipped, and vaccinated pursuant to the TNR program; and number of cats and kittens placed in permanent homes.
E. 
Feral cat caregiver requirements. Caregivers are responsible for the following:
(1) 
Applying to the sponsor to obtain caregiver status; and registering the feral cat colony with the sponsor;
(2) 
Taking all reasonable steps to vaccinate every cat in the colony for rabies and update the vaccinations;
(3) 
Taking all reasonable steps to get all cats in the colony population spayed/neutered and ear-tipped by a licensed veterinarian;
(4) 
Providing the sponsor with a description of each cat in the colony and copies of documents evidencing that the cats have been vaccinated, spayed/neutered, and ear-tipped;
(5) 
Providing food, water and suitable shelter for colony cats;
(6) 
Observing the colony cats and keeping a record of any illnesses or unusual behavior noticed in any colony cats;
(7) 
Obtaining the prior written approval of the owner of any property, including the property upon which the caregiver resides, to which the caregiver requires access to provide colony care;
(8) 
In the event that kittens are born to a colony cat, taking steps to remove the kittens from the colony after they have been weaned, and place the kittens in homes, foster homes, or with animal shelters, rescue organizations or veterinary offices for the purpose of subsequent permanent placement;
(9) 
Reporting annually 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 who 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 who appears to require it.
F. 
Feeding of feral cats.
(1) 
Caregivers are required to feed the cats in their colonies as part of properly managing the colonies. As part of this requirement, caregivers must:
(a) 
Feed only during daylight hours;
(b) 
Feed only the amount of food required by the cats in the colony;
(c) 
Leave food out for a maximum of one hour per feeding, no more than twice per day, which shall mean removing all food dishes after each one-hour feeding.
(d) 
A bowl or similar small container with fresh water may be left out at all times; and
(e) 
Feed no farther than five feet from the dwelling if the colony is fed on the caregiver's single family residential property. If the colony is fed on a commercial property or multiunit residential property, feeding must take place in the location least likely to cause a nuisance to tenants, neighbors, customers, and the general public.
(2) 
It shall be unlawful to feed feral cats who are not spayed/neutered, ear-tipped and vaccinated in accordance with this article, unless the caregiver is in the process of trying to trap the cats for spay/neuter, ear-tipping and vaccination. Animal Control Officers shall be empowered to give a warning notice to any individual feeding one or more feral cats not spayed/neutered, ear-tipped and vaccinated in accordance with this article. The warning notice shall require the individual to contact the sponsor within 15 days to obtain assistance in getting the cat(s) spayed/neutered, ear-tipped and vaccinated and otherwise brought into compliance with this ordinance. Failure to make such contact within 15 days and cooperate with the Township and the sponsor in meeting the requirements of this article will subject the violator to a minimum fine of $35 and a maximum fine of $100 per cat, per offense.
G. 
Nuisance abatement. If an Animal Control Officer determines that an ear-tipped feral colony cat is causing a nuisance as defined by this § 113-21.1 or state law, the Township shall contact the sponsor and allow the sponsor 45 days to resolve the complaint or remove the cat before the Officer takes further action. The caregiver or sponsor must begin nuisance abatement procedures within 48 hours after being notified of a nuisance by the Township and must take all reasonable steps to resolve the nuisance in as short a time period as possible, not to exceed 45 days.
H. 
Disposition of colony cats. An Animal Control Officer who has trapped a cat whose left ear has been tipped shall release the cat unless the cat is injured or sick and requires medical attention. If the cat requires medical attention, the Animal Control Officer shall bring the cat to the sponsor. If the Animal Control Officer releases the cat, the Animal Control Officer shall contact the sponsor and provide the sponsor with a description of the cat, the location where the cat was trapped, and the complaint which caused the Animal Control Officer to set the trap.
I. 
Enforcement. The Township shall have the following rights:
(1) 
The right to seize or remove any cat from a colony who is demonstrating signs of rabies and is not up to date with rabies vaccinations.
(2) 
The right to seize or remove a cat from a colony which is creating a nuisance as defined in this § 113-21.1 or state law, after the caregiver and sponsor have been given 45 days to abate the nuisance or remove the cat and have failed to do so.
(3) 
The right to seize or remove a colony of cats when the caregiver regularly fails to comply with the requirements of this ordinance 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 § 113-21.1.
(4) 
The requirements of this § 113-21.1 notwithstanding, Animal Control Officers may investigate any Nuisance complaint. If an Animal Control Officer determines that an ear-tipped feral colony cat is causing a nuisance as defined by this § 113-21.1 and the sponsor fails to resolve the nuisance or remove the cat within the 45 days, the Animal Control Officer may remove the cat. If an Animal Control Officer reasonably determines that a cat is injured or poses a significant threat to public health, the Officer may reduce the time that the sponsor 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 Animal Control Officer or a Police Officer may remove the cat, but within 24 hours the Township must provide the sponsor with notice of the cat's whereabouts and allow the sponsor an opportunity to retrieve the cat for treatment, return, or relocation.
J. 
Trapping cats prohibited except as part of TNR program.
(1) 
It shall be unlawful for any individual to trap a cat other than for the purpose of complying with the requirements of § 113-21.1. Individuals may not trap cats for the purpose of euthanizing the cats or surrendering the cats for impoundment.
(2) 
This subsection shall not apply to:
(a) 
Township officials and their agents trapping cats in the course of their employment or contract; or
(b) 
Any individual trying to recover his or her own lost cat through trapping on his or her own property or with permission of the property owner.
K. 
Use of cat licensing fees for TNR; addition of voluntary donation language on cat and dog license application and renewal forms.
(1) 
The Township shall utilize all funds derived from cat licensing fees to pay for spay/neuter and vaccination of cats in the TNR program.
(2) 
The Township shall add language to all dog and cat license application and renewal forms encouraging applicants to donate to the sponsor's TNR efforts in the Township. The form shall include the sponsor's name and the address where checks can be mailed, and the sponsor's website for online donations, and language encouraging donors to mark the donations "for TNR in Hillside."
(3) 
In addition, the Township shall allow the sponsor to place a locked donation box in the Health Department for collection of contributions to the TNR project.