[Amended 11-19-2018 by Ord. No. 18-037]
The purpose of this article is to establish an ordinance to
create a Trap-Neuter-Return Program within the Township of Manchester
for cats. The Township of Manchester, like many other communities
throughout the State of New Jersey, has an obligation to effectively
and humanely control the feral cat populations within its borders.
The Township believes it is in the interest of the health, safety,
and welfare of the citizens of Manchester to institute a Trap-Neuter-Return
Program (TNR), in an effort to reduce the feral cat population over
time without the necessity of wholesale capture and euthanization.
For the purpose of this article, the following terms, phrases,
words and their derivations shall have the meanings stated herein:
ANIMAL CONTROL OFFICER (ACO)
The person employed 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
A volunteer, uncompensated person who agrees to serve to
facilitate the TNR Program with the Township in accordance with this
article and any rules and regulations that may be established by Township
Council by resolution. A caregiver shall not be deemed an employee
of the Township.
EARTIPPING
The marking of a cat's ear through a surgical procedure performed
by qualified personnel.
FERAL CAT COLONY
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.
TRAP-NEUTER-RETURN PROGRAM/TNR PROGRAM
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.
Caregivers are responsible for the following:
A. Registering the feral cat colony with the Township of Manchester
Animal Control Officer.
B. Taking steps that are reasonably likely to result in the vaccinations
of the colony population for rabies, and making reasonable efforts
to update the vaccinations on cats that can be recaptured.
C. Taking steps that are reasonably likely to result in the spay/neuter
of 100% of a colony population. Procedures are to be done by a licensed
veterinarian.
D. Providing the description of each cat in the colony and copies of
documents evidencing that the cats have been vaccinated and spayed/neutered.
E. Providing food, water and, if feasible, shelter for colony cats.
F. Observing the colony cats at least twice per week and keeping a record
and reporting to the Animal Control Officer any illness or unusual
behavior noticed in any colony cats.
G. Obtaining the approval of the owner of any property to which the
caregiver requires access to provide colony care.
H. 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.
I. Obtaining proper medical attention to any colony cat that appears
to require it.
It shall be the duty of the Animal Control Provider to:
A. Provide training for the cat colony caregivers.
B. Help to resolve any complaints over the conduct of a cat colony caregiver
or of cats within a colony.
The Township may establish a fund or provide services to offset
the costs of trapping, neutering, and vaccinating captured feral cats
that can be returned to an appropriate, controlled, protected and
registered colony site.
No feral cat colonies shall be permitted to be established in
any area designated by state or federal agencies as areas reserved
for protected or endangered species of birds.
The Township shall have the following rights and authority:
A. 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.
B. The right to seize or remove a cat from a colony that is creating
a nuisance, as defined above, and the caregiver has been given 30
days to remove and relocate the cat and has failed to do so.
C. The right to seize or remove a colony of cats when the caregiver regularly fails to comply with the requirements of this Chapter
101, Article
V, and the Animal Control Officer has not been able to obtain a replacement or substitute caregiver within 60 days of the Township's notice of the caregiver's failure to comply with this article.
D. The right to seize or remove cats from a colony if it is determined
that there is a public health threat, including, but not limited to,
zoonotic diseases, feline FIV or leukemia.
E. The Township Council shall have the authority to adopt by resolution
further rules and regulations applicable to the TNR Program that are
consistent with this article.
The requirements of this article notwithstanding, Animal Control
Officers and police officers may investigate any nuisance complaint.
Any person who violates any one or more provisions of this Chapter
101, Article
V, shall be subject to a fine of not more than $500 for each separate offense and/or confinement in the Ocean County jail for a period of not more than 90 days. In the case of a continuing violation or violations, a fine of not more than $500 may be assessed for each day that said violations are not corrected. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.