[Adopted 2-6-2008 by Ord. No. 2008-1;
amended in its entirety 10-21-2021 by Ord. No. 2021-18]
For the purpose of this article, the following terms shall have
the meaning 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 to the cat. No person may desert or abandon any animal at any public or private location. The practice of the TNVR Program and the provision of care to a community cats in accordance with the provisions of this article do not constitute desertion or abandonment of the community cat. However, the placement of a cat at a community cat colony by a person other than the community cat caregiver constitutes abandonment. Any person who is found to be in violation of the provisions of this section shall be subject to penalties as set forth under § 1-11 of the Lumberton Township Code.
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.
Any person who provides food, water or shelter to or otherwise
cares for a cat.
Any free-roaming cat, which may or may not be feral, with
a caretaker known or unknown. Community cats shall be distinguished
from other cats through their ear-tip and sterilization.
For purposes of this Chapter, a cat that is socialized to
humans and is appropriate as a companion for humans and is owned and
regularly cared for as pet by an owner.
Straight-line cutting of the tip of the left ear of a cat
while the cat is anesthetized.
The act of caring for and keeping an animal or the act of
providing a premises or residence to which the animal returns for
food, shelter or care, where the caregiver is providing the primary
source of sustenance for the animal for at least 10 days, whichever
time is shorter. Community cat caregivers do not harbor community
cats for the purposes of this article, but are subject to the provisions
of the ordinance pertaining to community cats.
An electronic identification device inserted into an animal,
typically on the back between the shoulder blades, by a veterinarian
in accordance with professional veterinary standards.
Community cats shall constitute a public nuisance where said
cats disturb the peace by:
Any person, firm, corporation, partnership, association,
trust, estate or any 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.
Shelter that provides protection from rain, sun and other
elements and that is adequate to protect the health of the cat.
Trap, neuter and return.
A program pursuant to which community cats are trapped, sterilized,
vaccinated against rabies and returned to the location where they
were trapped.
Those diseases transmittable to humans from animals, including
parasitic, bacterial, fungal and viral diseases.
A.Â
Cat caregivers shall provide appropriate and adequate food, water
and shelter for their cats.
B.Â
The cat caregiver of a community cat shall exercise reasonable care
to guard against the cat creating a nuisance.
C.Â
The caregiver or owner of a sexually intact (not spayed or neutered)
domesticated cat shall not permit his/her cat to roam unsupervised.
E.Â
Community cats shall be permitted and caregivers shall be entitled
to manage them in accordance with the terms and conditions of this
article.
F.Â
Community cats meeting the requirements of this section are exempt
from any licensing, stray, and at-large provisions of this ordinance.
(1)Â
Healthy community cats that have been trapped by Animal Services
in accordance with this section, shall be considered to be "on the
property of the owner" and thus not stray (off the property of the
owner) to be impounded. Healthy community 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, community cats shall be sterilized,
ear tipped while under anesthesia by a licensed veterinarian, and
vaccinated for rabies.
(2)Â
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 Animal Services, acting in good faith
and upon reasonable belief, may humanely euthanize the cat upon the
advice of a licensed veterinarian.
G.Â
Community cat caregiver requirements. Caregivers are responsible
for the following:
(1)Â
Taking steps that are reasonably likely to result in the vaccination
of the population of cats in their care for rabies and making reasonable
efforts to update the vaccinations on cats that can be recaptured;
(2)Â
Taking steps that are reasonably likely to result in the sterilization,
by a licensed veterinarian, of at least 90% of the colony population;
(3)Â
Providing food, water and, if feasible, shelter for community cats
under their care;
(4)Â
The location of community cats must be maintained in compliance with
trespassing and property laws;
(5)Â
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 after they have been weaned and the placement of the kittens
in homes or foster homes for the purpose of subsequent permanent placement;
(6)Â
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.;
(7)Â
Obtaining proper medical attention for any community cat that appears
to require it;
(8)Â
Register caretaker contact information with the Township Clerk and
providing the following information: a) name of caregiver; b) contact
information of caretakers.
H.Â
Community cat requirements.
(1)Â
The left ear of a community cat that has been sterilized and vaccinated
shall be eartipped.
(2)Â
An electronic animal identification device (EAID) shall be inserted
into all TNVR community cats released since the adoption of this article
by a veterinarian in accordance with professional medical standards
(microchipping). The caregiver shall be the named contact for purposes
of the EAID.
I.Â
Disposition of community cats.
(1)Â
An Animal Control Officer who has trapped a cat whose left ear has
been tipped or which bears some other distinguishing mark indicating
that the cat is a community cat shall scan the cat for a microchip.
If a microchip is found, the officer shall be responsible for contacting
the person named as owner or caregiver of the cat.
(2)Â
If the owner or caregiver of the microchipped cat 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 caregiver
does not intend to retrieve the cat.
A.Â
The Township shall have the following rights:
B.Â
The requirements of this article notwithstanding, Animal Control
Officers and police officers may investigate any nuisance complaint.
C.Â
Nuisance abatement process and mitigation. A community cat who is found to be a public nuisance by disturbing the peace according to the standards defined in § 136-17 shall be handled according to the following procedures:
(1)Â
Resolution of complaints — procedures.
(a)Â
The requirements of this article notwithstanding, ACOs and police
officers may investigate any nuisance complaint. If an ACO or police
officer determines that an eartipped community cat is causing a nuisance
as defined by this article, the ACO or police officer shall attempt
to contact the caregiver or owner.
(b)Â
The caregiver or owner shall begin nuisance abatement procedures
within 48 hours and make all reasonable efforts to resolve the nuisance
as quickly as possible, not to exceed 60 days. If the caregiver or
owner fails to resolve the nuisance, the Animal Control Officer may
issue a citation to the owner or caretaker or remove the cat. If an
Animal Control Officer removes a community cat, the receiving municipal
shelter or Animal Control must notify the community cat caregiver
and allow the caregiver to retrieve the cat from the pound for adoption
or relocation.
(c)Â
If an Animal Control Officer or police officer reasonably determines
that a cat is injured or poses a significant threat to public health,
the officer may reduce the time that the owner or caregiver has to
resolve the complaint, as necessary to protect the cat and public
health, before taking further action.
(d)Â
In the case of a natural disaster or medical/veterinary emergency,
the Animal Control Officer or police officer may remove the cat, but
within 24 hours the Animal Control Officer must provide the caregiver
or owner with notice of the cat's whereabouts and allow the caregiver
or owner an opportunity to retrieve the cat for treatment, return,
or relocation.
