[Adopted 10-9-2013 by Ord. No. 2013-21]
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.
That an owner or caregiver has forsaken a domesticated cat
entirely, or has neglected or refused to provide care and support
to the cat.
Any person employed or appointed by the Borough who is authorized
to investigate violations of laws and regulations concerning animals,
and to issue citations in accordance with New Jersey Law and this
chapter.
Any person trained
by a sponsor who provides food, water or shelter to or otherwise cares
for a cat.
As defined under § 231-20 of this chapter.
A cat that is socialized to humans and is appropriate as
a companion for humans.
A tagged, notched or tipped left ear as performed by a licensed
veterinarian.
A cat that is completely unsocialized and is not adoptable
as a companion animal without significant rehabilitation that may
or may not be successful.
A group of cats that congregates, more or less, together
as a unit. Although not every cat in a colony may be feral, any non-feral
(free-roaming) cats that congregate with a colony shall be deemed
to be a part of it.
A cat that is regularly off the property of the owner and
is not under the physical control and restraint of the owner.
As defined under § 231-20 of this chapter.
Disturbing the peace by:
As defined under § 231-20 of this chapter.
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.
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 free-roaming cats are
trapped, neutered or spayed, vaccinated against rabies and returned
to the location where they congregate (if appropriate).
Those diseases transmittable to humans from animals, including
parasitic, bacterial, fungal and viral diseases.
It shall be the duty of all individuals to avoid taking rare,
threatened, or endangered species, or other federal trust resources
under the applicable federal and state laws, including the federal
Endangered Species Act (87 Stat. 884, as amended: 16 U.S.C. § 1531
et seq.) and the Migratory Bird Treaty Act (40 Stat. 755; 16 U.S.C.
§ 703-712), and the New Jersey Endangered and Nongame Species
Conservation Act of 1973 (N.J.S.A. 23:2A et seq.).
A.Â
Owners of domesticated cats shall provide appropriate and adequate
food, water and shelter for their cats. Owners of domesticated cats
shall be encouraged to keep their cats indoors at all times. The owner
of a domesticated cat shall license that cat pursuant to Borough ordinances.
B.Â
The owner of a domesticated cat shall exercise reasonable care to
guard against the cat creating a nuisance.
C.Â
The owner of a sexually intact (not spayed or neutered) domesticated
cat shall not permit his/her cat to roam unsupervised.
D.Â
An owner shall not abandon a domesticated cat.
A.Â
Feral cat colonies shall be permitted, and caregivers shall be entitled
to maintain them strictly in accordance with the terms and conditions
of this article.
B.Â
Sponsorship of colony TNR programs. The Monmouth County SPCA is approved
as sponsor.
C.Â
Sponsor requirements. It shall be the duty of the sponsor to:
(2)Â
Review and approve of colony caregivers;
(3)Â
Help to resolve any complaints over the conduct of a colony caregiver
or of cats within a colony;
(4)Â
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)Â
Report annually to the Borough Clerk and Animal Control Officer on
the following:
(a)Â
Number of colonies in the Borough and the location of each colony;
(b)Â
Total number of cats in each colony;
(c)Â
Number of cats and kittens spayed and neutered pursuant to the
TNR program; and
(d)Â
Number of cats and kittens placed in permanent homes.
(e)Â
The Borough Clerk shall provide copies of this data to the United
States Fish and Wildlife Service New Jersey Field Office and the New
Jersey Division of Fish and Wildlife, as appropriate.
(6)Â
The sponsor shall obtain and maintain liability insurance for all
activities, actions and work performed pursuant to this article and
the laws of this state, naming the Borough of Red Bank as an additional
named insured, providing an annual copy of the declaration of insurance
and proof of payment of same.
D.Â
Feral cat caregiver requirements. Caregivers are responsible for
the following:
(1)Â
Registering the feral cat colony with the sponsor;
(2)Â
Taking reasonable steps to result in the vaccination of the colony
population for rabies and making reasonable efforts to update the
vaccinations on cats that can be recaptured;
(3)Â
Taking reasonable steps to result in the spay/neuter, by a licensed
veterinarian, of the colony population;
(4)Â
Finding permanent inside homes for colony cats who exhibit the potential
for acclimating to such a placement;
(5)Â
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;
(6)Â
Providing food, water and, if feasible, shelter for colony cats,
as well as providing adequate containment and disposal of the products
of defecation; failure to clean the area shall constitute a violation
of this article and the caregiver is subject to fines and penalties
as provided for by Borough ordinance;
(7)Â
Observing the colony cats at least twice per week and keeping a record
of any illnesses or unusual behavior noticed in any colony cats;
(8)Â
Obtaining the written approval of the owner of any property, to which
the caregiver requires access to provide colony care;
(9)Â
Taking reasonable steps to prevent colony cats from creating a nuisance
on adjacent properties;
(10)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 from the colony after they have been weaned, and the placement
of the kittens in homes or foster homes for the purpose of subsequent
permanent placement:
(11)Â
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
(12)Â
Obtaining proper medical attention to any colony cat that appears
to require it.
E.Â
Colony cat requirements.
(1)Â
The left ear of a colony cat that has been spayed or neutered and
vaccinated shall be ear-tipped.
(2)Â
An electronic animal identification device (EAID) shall be inserted
into the cat by a veterinarian in accordance with professional medical
standards. The colony number shall be used for purposes of the EAID.
F.Â
Disposition of colony 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 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)Â
If the owner or sponsor is not able to immediately take custody of
the cat, the officer shall return the cat to the appropriate colony.
(3)Â
If the cat does not have an EAID, then the Animal Control Officer
shall contact the sponsor so the cat can be properly placed in a colony.
If the cat is obviously a domestic cat, the sponsor shall arrange
for care for the cat until the owner is located and may determine
the disposition of the cat in those circumstances where the domestic
cat's owner cannot be located.
G.Â
Registration of feral cat colonies.
(1)Â
The sponsor shall register feral cat colonies maintained by approved
caregivers. Feral cat colonies within the Borough that are not registered
by the sponsor are not entitled to any benefits or protections set
forth in this article. No colonies may be established except in accordance
with this article.
A.Â
Rights of the Borough. The Borough shall have the following rights:
(1)Â
The right to seize or remove cats from a colony that have not been
vaccinated against rabies and/or cats that are demonstrating signs
of the disease.
(2)Â
The right to seize or remove a cat from a colony that is creating
a nuisance as defined above and the caregiver and sponsor have been
given 10 days to remove and relocate the cat and have failed to do
so.
(3)Â
The right to seize or remove a colony of cats when the caregiver
regularly fails to comply with the requirements of this article and
the sponsor has not been able to obtain a replacement or substitute
caregiver within 10 days of the Borough's notice to the sponsor
of the caregiver's failure to comply with this article.
B.Â
Nuisance complaints.
(1)Â
The requirements of this article notwithstanding, animal control
officers and police officers may investigate any nuisance complaint.
(2)Â
The provisions of Article II of this chapter remain in full force and effect and are not to be superseded by the aforesaid provisions. If there is any conflict between this article and the aforesaid article, the articles are to be read in concert as they are consistent with protecting the public health, safety and general welfare of the Borough.
Not later than December 31, 2015, the Borough of Red Bank shall
study the effectiveness of the TNR program and review the continuance
of this article. If the TNR program is eliminated, the Borough's
Animal Control Officer (ACO) shall resume primary responsibility for
the management of feral cats within the Borough, including, as necessary,
the capture and transport to the County Animal Shelter for handling
in accordance with the interlocal agreement between the Borough and
the county applicable to handling such animals. The Borough will also
continue to work in partnership with the United States Fish and Wildlife
Service and the New Jersey Division of Fish and Wildlife to control
cats in sensitive wildlife locations.
