Borough of Paulsboro, NJ Animals and Shelters

Editor's Note: Former § 9-11, Kennels, pet shops, shelters and pounds; licensing, was repealed 12-5-1995 by Ord. No. 10.95.

§ 9-12 License fees: kennels, pet shops, shelters and pounds.

The annual license fee for a kennel providing accommodations for 10 or fewer dogs shall be $10 per year, and for more than 10 dogs, $25 per year. The annual license fee for a pet shop shall be $10 per year. No fee shall be charged for a shelter or pound.

§ 9-13 Kennels, pet shops, shelters, pounds: dogs off premises.

No dog kept in a kennel, pet shop, shelter or pound shall be permitted off such premises except on a leash or in a crate or other safe control.

§ 9-14 Unlicensed dogs: seizure, impoundment, disposition.

[Amended 12-5-1995 by Ord. No. 10.95]

Any dog or dogs not licensed pursuant to the provisions of this ordinance shall be subject to seizure by the duly appointed Borough Official or any other person or corporation appointed for the purpose by the Borough Council and, if not redeemed as hereinafter provided, may be offered for adoption or killed by any approved humane method or otherwise disposed of, and any dog who shall not have securely fixed or fastened to its neck a tag issued with the license for such dog shall be deemed unlicensed and subject to seizure. All dogs seized pursuant to the provisions of this section shall be impounded in a place designated by the Borough Council as the dog pound and shall be there kept until disposed of in accordance with this ordinance.

[Amended 3-5-2019 by Ord. No. 05.19]

Any person authorized by the governing body may cause an animal to be destroyed in a manner causing as little pain as possible and consistent with the provisions of N.J.S.A. 4:22-19 or offered for adoption seven days after seizure, provided that:

Notice is given as set forth above and the animal remains unclaimed;

The owner or person keeping or harboring the animal has not claimed the animal and paid all expenses incurred by reason of its detention, including maintenance costs not exceeding $4 per day; or

The owner or person keeping or harboring a dog which was unlicensed at the time of seizure does not produce a license and registration tag for the dog.

At the time of adoption, the right of ownership in the animal shall transfer to the new owner. No dog or other animal so caught and detained or procured, obtained, sent or brought to a pound or shelter shall be sold or otherwise made available for the purpose of experimentation. Any person who sells or otherwise makes available any such dog or other animal for the purpose of experimentation shall be guilty of a disorderly persons offense.

After observation, any animal seized under this section suspected of being rabid shall be immediately reported to the executive officer of the local Board of Health and to the Department of Health.

§ 9-15 Running at large.

Any person owning, keeping or harboring any dog, whether the dog be licensed or unlicensed, who shall suffer or permit said dog to run at large in or about the streets, highways or public places of the Borough of Paulsboro, or to run at large upon lands and premises of any person other than the owner or persons in possession of said dog without permission of said landowner first obtained in writing, shall be guilty of a violation of this ordinance.

§ 9-16 Leash control.

No person owning, keeping or harboring any dog shall suffer or permit the same to be upon the public streets or in any public places of the Borough of Paulsboro unless such dog is accompanied by a person of such age and such mental and physical capacity that he or she is able to control said dog by leash, provided always in any case that there shall be a leash control of such dog by an adequate leash with not more than six feet thereof extended between the person in control of such dog and the dog itself.

§ 9-17 (Reserved) [1]

Editor's Note: Former § 9-17, Owner's responsibility for damage by dog, was repealed 7-5-2005 by Ord. No. 10.05.

§ 9-18 (Reserved) [1]

Editor’s Note: Former § 9-18, Dog Warden; appointment, compensation, duties; expenses, was repealed 3-5-2019 by Ord. No. 05.19.

§ 9-19 Dogs to be impounded.

[Amended 3-5-2019 by Ord. No. 05.19]

The Borough Official shall take into custody and impound, or cause to be taken into custody or impounded, and thereafter destroyed or disposed of, as provided in this section:

Any dog off the premises of the owner or the person keeping or harboring said dog, which said official or his agent or agents have reason to believe is a stray dog.

Any dog off the promises of the owner or of the person keeping or harboring said dog without a current registration tag on his collar.

Any female dog in season off the premises of the owner or of the person keeping or harboring said dog.

§ 9-20 Notice to owner; disposition of seized dogs.

If any dog so seized wears a collar or harness having inscribed thereon or attached thereto the name and address of any person, or a registration tag, or the owner or the person keeping or harboring said dog is known, the Borough Official shall forthwith serve on the person whose address is given on the collar, or on the owner or the person keeping or harboring said dog, if known, a notice in writing stating that the dog has been seized and will be liable to be disposed of or destroyed if not claimed within seven days after the service of the notice.

[Amended 3-5-2019 by Ord. No. 05.19]

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 post in a certified letter addressed to that person at his usual or last known place of abode or to the address given on the collar.

When any dog so seized has been detained after seven days after notice, when notice can be given as above set forth, or has been detained for seven days after seizure when no notice has been given, as above set forth, and if the owner or person keeping or harboring said dog has not claimed said dog and paid all expenses incurred by reason of its detention, including maintenance not exceeding $1 per day, and if the dog be unlicensed at the time of the seizure and the owner or person keeping or harboring said dog has not produced a license and registration tag for said dog, the Borough Official may cause the dog to be destroyed in a manner causing as little pain as possible.

[Amended 3-5-2019 by Ord. No. 05.19]

§ 9-21 Enforcement and animal cruelty investigations.

Enforcement. Any Borough Code Enforcement Official, Borough Police Department Officer, Gloucester County Animal Control Officer, the Municipal Clerk, or other official or person assigned or designated by Mayor and Council shall enforce the provisions of this chapter. It shall be the duty of the Borough Officials, as defined herein, to respond promptly to the call of any citizen who reports any violation hereof. Nothing herein shall prohibit a private citizen from bringing or signing a complaint for an alleged violation of this chapter.

Animal cruelty investigations. Gloucester County Animal Control Officials (GCACO), or other designees, may investigate, and/or require compliance for violations pursuant to N.J.S.A. 4:22. In the event the GCACO, or designee sees or recognizes a potential criminal situation, or the need arises where a criminal investigation is warranted; the GCACO shall contact and report to the Municipal Humane Law Enforcement Officer for further action. The GCACO may continue to contribute to the investigation requested or required.

§ 9-22 (Reserved) [1]

Editor's Note: Former § 9-22, Vicious dogs; running at large; muzzling, was repealed 7-5-2005 by Ord. No. 10.05.

§ 9-23 Animal and bird sounds as nuisance.

[Amended 4-15-1975 by Ord. No. 575; 10-3-2000 by Ord. No. 09.00]

No person shall own, possess or harbor any pet animal or pet bird that frequently or for continued duration makes sounds that create a noise disturbance across a residential real property line. For the purpose of this section, a barking dog creates a noise disturbance when such barking is continual for ten minutes or intermittent for 30 minutes unless provoked.

§ 9-24 Annual canvass; reports.

[Amended 12-5-1995 by Ord. No. 10.95]

The local Board of Health shall, on or before September 1 of each year, cause a canvass to be made of all dogs owned, kept or harbored within the limits of the Borough of Paulsboro and shall report to the Borough Clerk and to the Secretary of the Board of Health of the Borough of Paulsboro and to the State Department of Health the result thereof, setting forth in separate columns the names and addresses of persons owning, keeping or harboring said dogs, the number of unlicensed dogs owned, kept or harbored by each of said persons, together with a complete description of each of said unlicensed dogs and the approximate age thereof.

§ 9-25 Disposition of license fees and other moneys collected.

License fees and other moneys collected or received under the provisions of this ordinance, except registration tag fees, shall be forwarded to the Treasurer of the Borough of Paulsboro within 30 days after collection or receipt, and shall be placed in a special account separate from any of the other accounts of the Borough, which funds shall be used for the following purposes only: for collecting, keeping and disposing of dogs liable to seizure under this ordinance; for local prevention and control of rabies; for providing antirabic treatment under the direction of the local Board of Health for any person known or suspected to have been exposed to rabies; for payment of damage to or losses of poultry or domestic animals, except dogs and cats, caused by a dog or dogs. Any unexpended balance remaining in such special account shall be retained therein until the end of the third fiscal year following and may be used for any of the purposes set forth in this section. At the end of the third fiscal year following and 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 said special account during the last two fiscal years next preceding.

The registration tag fee of $1 for each dog shall be forwarded within 30 days after collection by the Borough Clerk to the State Department of Health.

[Amended 12-20-1966 by Ord. No. 473; 12-5-1995 by Ord. No. 10.95]

§ 9-26 Interference with enforcement or with dog pound.

[Amended 3-5-2019 by Ord. No. 05.19]

Any person who shall in any way hinder or interfere with the Borough Official, police officers or officials, canvassers or any other peace officers in the performance of their duty under the provisions of this ordinance, or who shall refuse to give information to any person making the canvass herein provided for, or who shall take a dog from the dog pound being therein subject to the jurisdiction of the Borough of Paulsboro, except upon redeeming such dog in the manner as provided by this ordinance, or who shall break or injure such dog pound, shall be deemed to have violated the provisions of this ordinance.

§ 9-27 Entry upon premises for purpose of seizure.

Any officer or agent authorized or empowered to perform any duty under this ordinance is hereby authorized to go upon any premises to seize for impounding any dog or dogs which he may lawfully seize or impound when such officer is in immediate pursuit of such dog or dogs, except upon the premises of the owner of the dog if said owner is present and forbids the same.

§ 9-28 Muzzling of dogs.

Whenever a proclamation shall be made by the Mayor of the Borough of Paulsboro pursuant to a resolution of the Borough Council requiring the muzzling of dogs, no person owning, keeping, possessing or harboring any dog shall permit or suffer such dog to run at large in any of the streets, highways, alleys or public places of the Borough of Paulsboro during the time provided for in such proclamation, unless such dog is securely muzzled.

§ 9-29 Abandonment of animals.

Any person who shall abandon or leave uncared for any dog, cat or other domestic animal upon any street, highway, alley or other public place in the Borough of Paulsboro, or upon lands and premises owned or occupied by any person other than the owner or person in possession of such dog, cat or other domestic animal, shall be guilty of a violation of this ordinance. It shall also be unlawful for any person to abandon or leave without proper care any dog, cat or other domestic animal even though it be left abandoned upon lots and premises owned or occupied by the person in possession of such dog, cat or other domestic animal.

§ 9-30 Violations and penalties.

[Amended 7-5-1961 by Ord. No. 427; 10-21-2003 by Ord. No. 12.03]

Every person convicted of violating any of the provisions of this ordinance shall pay a fine of $50 for the first offense and $100 for the second offense. For a third or subsequent offense, the fine shall be not less than $100 nor more than $500 for each conviction.

§ 9-31 Issuance of process; service; proceedings.

The Judge of the Municipal Court of the Borough of Paulsboro, or any person duly designated to sit in his stead, is empowered by this ordinance, upon the filing of a complaint in writing alleging that the violation of this ordinance has occurred, which complaint may be made upon information and belief, to issue process. The process shall be either in the nature of a summons or warrant, which warrant may issue without any order of the court first being obtained against the person so charged, which process when in the nature of a warrant shall be returnable forthwith, and when in the nature of a summons shall be returnable in not less than five days nor more than 15 entire days. The process shall state what provision of this ordinance or of any statute pertaining to the subject matter hereof has been violated by the defendant or defendants. The court having jurisdiction may at all times amend all defects and errors in the complaint and process issued hereunder.

Any officer authorized by law to serve and execute process in the court in which the proceeding is brought hereunder may serve and execute all process and proceedings for violations of any of the provisions of this ordinance or of the laws and statutes relating thereto.

On the return of process issued pursuant to this section or at any time at which the trial shall be adjourned, the court, without filing of any pleadings, may proceed to hear the testimony in a summary manner without a jury and give judgment for the plaintiff for the penalty and costs, or for the defendant if the facts warrant an acquittal.

Wherever and whenever in any proceeding brought hereunder the rules governing practice in the local criminal courts of New Jersey (Rule 8:1 through 8:13-10) are applicable, such rules shall control and govern the proceedings.

§ 9-32 Severability.

If any section, paragraph, subsection, clause or provision of this ordinance shall be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of this ordinance as a whole or any other part thereof.

§ 9-33 Inconsistent ordinances repealed.

All ordinance or parts of ordinances inconsistent herewith are hereby repealed.

§ 9-34 When effective.

This ordinance shall take effect immediately upon final passage and publication according to law.

§ 9-35 Abandonment or mistreatment prohibited.

[Added 12-5-1995 by Ord. No. 10.95]

No person shall abandon or leave without proper care any dog, cat or other domestic animal upon the streets, highways, public places in the Borough or upon private lands and premises. No person owning, keeping or harboring any dog, cat or other domestic animal shall perform or fail to perform any act that would jeopardize the health and welfare of the animal.

§ 9-35.1 Curbing of dogs.

[Added 6-3-1998 by Ord. No. 04.98; amended 11-14-2005 by Ord. No. 19.05]

Definitions. For the purpose of this ordinance, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.

IMMEDIATE

Shall mean that the pet solid waste is removed at once, without delay.

OWNER/KEEPER

Any person who shall possess, maintain, house or harbor any pet or otherwise have custody of any pet, whether or not the owner of such pet.

PERSON

Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.

PET

A domesticated animal (other than a disability assistance animal) kept for amusement or companionship.

PET SOLID WASTE

Waste matter expelled from the bowels of the pet; excrement.

PROPER DISPOSAL

Placement in a designated waste receptacle, or other suitable container, and discarded in a refuse container which is regularly emptied by the municipality or some other refuse collector; or disposal into a system designated to convey domestic sewage for proper treatment and disposal.

Requirement for disposal. All pet owners and keepers are required to immediately and properly dispose of their pet's solid waste deposited on any property, public or private, not owned or possessed by that person.

Exemptions. Any owner or keeper who requires the use of a disability assistance animal shall be exempt from the provisions of this section while such animal is being used for that purpose.

Enforcement. The provisions of this article shall be enforced by the Police Department and/or the Code Enforcement Officer of the Borough of Paulsboro.

Violations and penalties. Any person(s) who is found to be in violation of the provisions of this ordinance shall be subject to a fine not to exceed $250.

Severability. Each section, subsection, sentence, clause and phrase of this ordinance is declared to be an independent section, subsection, sentence, clause and phrase, and the finding or holding of any such portion of this ordinance to be unconstitutional, void, ineffective for any cause, or reason, shall not affect any other portion of this ordinance.

§ 9-36 Damage to property prohibited.

[Added 12-5-1995 by Ord. No. 10.95]

No person owning, keeping or harboring a dog shall permit or suffer it to do any injury or to do any damage to any lawn, shrubbery, flowers, grounds or property.

§ 9-37 Additional fee for dogs; disposition.

[Added 12-5-1995 by Ord. No. 10.95]

In addition to the fee charged pursuant to § 9-2 of this ordinance and forwarded to the Department of Health pursuant to § 9-25 of this ordinance, any person applying for the license and registration tag pursuant to § 9-2 of this ordinance shall pay an additional fee of $0.20 for any dog.

All fees collected pursuant to the provisions of this section shall be forwarded to the State Treasurer to be placed in the Pilot Clinic Fund created pursuant to N.J.S.A. 4:19A-14 to be used by the Commissioner of Health for the operation of the animal sterilization pilot clinic established pursuant to that act.

§ 9-38 Prohibition of feeding wildlife on public property.

[Added 11-14-2005 by Ord. No. 20.05]

An ordinance to prohibit the feeding of unconfined wildlife in any public park or on any other property owned or operated by the Borough of Paulsboro, so as to protect public health, safety and welfare, and to prescribe penalties for failure to comply.

FEED

To give, place, expose, deposit, distribute or scatter any edible material with the intention of feeding, attracting or enticing wildlife. Feeding does not include baiting in the legal taking of fish and/or game.

PERSON

Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.

WILDLIFE

All animals that are neither human nor domesticated.

Prohibited conduct. No person shall feed, in any public park or on any other property owned or operated by the Borough of Paulsboro, any wildlife, excluding confined wildlife (for example, wildlife confined in zoos, parks or rehabilitation centers, or unconfined wildlife at environmental education centers).

Enforcement.

This ordinance shall be enforced by the Police Department and/or the Code Enforcement Officer of the Borough of Paulsboro.

ANIMAL CONTROL OFFICER or ACO

Any person found to be in violation of this ordinance shall be ordered to cease the feeding immediately.

Violations and penalties. Any person(s) who is found to be violation of the provisions of this ordinance shall be subject to a fine not to exceed $1,250.

Article II Trap Neuter Return Program

[Adopted 2-4-2020 by Ord. No. 02.20]

§ 9-39 Definitions.

As used in this article, the following terms shall have the meanings indicated.

ANIMAL

Any live vertebrate creature, including mammals, birds, reptiles, amphibians and fish, but not humans.

A person 18 years of age or older who has satisfactorily completed the course of study approved by the Commissioner of Health and Senior Services of the State of New Jersey and the Police Training Commission as prescribed by Paragraphs (1) through (3) of Subsection a of Section 3 of N.J. P.L. 1983, c. 525 (N.J.S.A. 4:19-14.16a); or who has been employed in the State of New Jersey in the capacity of, and with similar responsibilities to those required of, a certified animal control officer pursuant to the provisions of N.J. P.L. 1983, c. 525, for a period of three years before January 17, 1987.

ANIMAL RESCUE ORGANIZATION

An individual or group of individuals who, with or without salary or compensation, house and care for homeless animals in the home of an individual or in other facilities, with the intent of placing the animals in responsible, more permanent homes as soon as possible.

ANIMAL RESCUE ORGANIZATION FACILITY

The home or other facility in which an animal rescue organization houses and cares for an animal.

ANIMAL SHELTER

The County of Gloucester facility where dogs, cats, or other animals are received, housed, given medical and other care, offered for adoption, or transferred to animal rescue organizations.

AT LARGE

That an animal is off the property of its owner and i) the animal has entered upon the property of another person without authorization of that person; or ii) the animal has entered onto public property, a street or right-of-way, unless that animal is restrained by its owner, or a person caring for the animal on behalf of the owner, with a leash of no less than six feet in length, or other physical control device, such that the animal is under the physical control of the owner or person caring for the animal on behalf of the owner. Nothing in this definition is intended to prevent dogs being on training leashes or on retractable leashes or being engaged in other appropriate activities under adequate, responsible adult supervision where care is taken to assure control as needed is available to prevent violations of this article.

CAT

A member of the species Felis catus.

CAT OF LICENSING AGE

Any cat which is not a community cat which has attained the age of seven months or, if age cannot be determined, a cat which possesses a set of permanent teeth (only if local code requires cat licensing).

COMMUNITY CAT

Any free-roaming cat that may be cared for by one or more residents of the immediate area who is/are known or unknown; a community cat may or may not be feral. Community cats shall be distinguished from other cats by being sterilized, vaccinated against rabies, microchipped, ear-tipped. Community cats are exempt from licensing, as well as stray and at-large provisions of this article, but are subject to nuisance provisions herein.

COMMUNITY CAT CAREGIVER

Any organization or person authorized by the municipality or sponsor who, in accordance with a community cat colony program to trap, neuter, vaccinate for rabies, ear tip and return community cats:

Neuters, vaccinates for rabies, microchips, ear tips and returns one or more community cats;

Provides care, including food, shelter or medical care to the cat; or

Has temporary custody of the cat;

Monitors the authorized cat colony for new cats and maintains overall awareness of the status of the cat colony and the condition of the cats therein.

A community cat caregiver shall not be considered to own, possess, keep or harbor a community cat.

COMMUNITY CAT COLONY

A single community cat or a group of community cats that congregate together outside as a unit. Although not every cat in a colony may be feral, any nonferal cats that congregate with a colony shall be deemed part of it. A community cat colony is sponsored and maintained by a community cat caregiver authorized by the municipality.

EAR TIPPING

The straight-line cutting of the tip of one ear of a cat while the cat is anesthetized. Ear tipping the left ear is the best and universally accepted practice, although in the past cats may have been ear-tipped on the right ear.

FERAL CAT

A cat that is unsocialized to humans and has a temperament of extreme fear of, and resistance to, contact with humans. Feral cats are included in the definition of "community cats," as community cats may or may not be feral. Feral cats are:

Born in the wild;

Offspring of socialized or feral cats and not socialized; or

Formerly socialized cats that have been abandoned and have reverted to an unsocialized state.

HARBOR

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 article pertaining to community cats.

HUMANE TRAP

Any trap used to capture stray dogs or cats that is constructed so that it does not harm the animal.

MICROCHIP

An electronic animal identification device that is inserted into an animal, typically on the back between the shoulder blades, by a veterinarian in accordance with professional medical standards.

NEUTER

To neuter an animal means to have a licensed veterinarian surgically sterilize the animal. For the purposes of this article, "neuter" shall mean to neuter a male animal or spay a female animal.

NUISANCE

Disturbing the peace by:

Habitual or continuous howling, barking, crying or screaming;

The habitual and significant destruction, accumulation of feces, desecration or soiling of property against the wishes of the owner of the property, in particular, the creation of conditions leading to the breeding of fleas or flies, odors or noises;

Habitually chasing or otherwise molesting passersby;

Habitually trespassing upon public or private grounds;

(5)

As defined and prohibited herein and below;

(6)

Or as the case may be under existing local ordinance defining a nuisance.

For the purposes of this article, "habitually" means occurring on at least two separate occasions within a time period of one month; except that "barking, howling, crying or screaming habitually" means making the sound persistently or continuously for at least 30 minutes occurring at least three separate times within a period of eight hours. For the purpose of this article, "persistently" shall mean nonstop utterances for 30 consecutive minutes with interruption of less than 30 seconds at a time.

OWNER

Any person, household, firm, corporation, or other organization who:

Possesses, harbors, keeps, has control of, a legal title to, a property interest in, or permanent custody of any animal regulated by this article; or

TRAP-NEUTER-VACCINATE-RETURN PROGRAM (TNVR)

For three days or more has temporary custody of, keeps, possesses, regularly feeds or provides shelter for or exercises control over any cat.

A person must be age 18 or older to be considered the legal owner of an animal. If a person under age 18 is considered the custodian or caretaker of the animal, the parent or legal guardian shall be considered the legal owner of the animal.

A community cat caregiver is not an owner of community cats for the purposes of this article but is subject to the provisions pertaining to community cat caregivers.

SPONSOR

An individual or group of individuals or not-for-profit animal welfare organization which, after recognition by the municipal governing body, oversees the implementation and management of community cat colonies, exercises oversight of community cat colonies authorized by the municipality, coordinates caregivers, offers services to caregivers and community cat colonies, and works to resolve community cat nuisance complaints in accordance with the provisions of this article, and keeps both the municipality and Gloucester County Animal Control advised regarding the condition of the colonies under their oversight.

STRAY

Any animal that is found to be at large, whether lost by its owner or otherwise, or that is on public or private property, the common areas of apartments, condominiums, mobile home parks or other multiresidential premises, and that does not have an identification tag and for which there is no identifiable owner. The term "stray" shall not be applied to community cats managed in accordance with this article.

A program pursuant to which community cats are humanely trapped, spayed or neutered, vaccinated against rabies utilizing the three-year vaccine, and returned to the exact location at which they were trapped. A cat will receive a microchip as part of a TNVR program.

VETERINARIAN

An individual who is licensed to engage in the practice of veterinary medicine in the State of New Jersey.

§ 9-40 General provisions.

No person shall keep an animal on a property in a manner that causes one or more of the following: unsanitary conditions; accumulation of feces; infestation by insects or rodents; physical conditions that unreasonably endanger the health or safety of humans, other domestic animals, or wildlife.

No person shall maintain or feed any animal, domesticated or wild, in a manner that causes one or more of the following: unsanitary conditions; accumulation of feces; infestation by insects or rodents; physical conditions that endanger the health or safety of humans.

Community cat colonies shall be permitted, and caregivers shall be entitled to maintain them, in accordance with the terms and conditions of this article.

TNVR programs shall be permitted in accordance with the terms and conditions of this article. However, the TNVR program shall not supersede nor take the place of this article. However, the TNVR program shall not supersede nor take the place of the provisions, rights and responsibilities of animal control officers under N.J.S.A. Title 4 and N.J.A.C. 8:23A.

Pet owners shall not permit reproductively intact cats to roam at large.

§ 9-41 Community cat management initiatives.

The municipality believes that the safest place for pet cats is indoors. The municipality also recognizes that community cats, as defined in this article, are not, in the vast majority of cases, suitable to be taken indoors as pets, and their home is outdoors. The municipality further recognizes the need for new, more effective and humane approaches to addressing the public health challenges presented by community cats.

To that end, the municipality finds that proactive community cat policies are part of the solution to reducing the numbers of community cats in the municipality and the high rate of euthanasia of feral cats in animal shelters.

Community cat colonies shall be permitted in the municipality as part of a community cat management program in accordance with the following provisions.

§ 9-42 Sponsors of community cat colonies.

The municipality may select a nonprofit 501(c)(3) animal welfare organization to serve as the sponsor of the community cat program. The sponsor shall oversee the activities of community cat caregivers in accordance with a memorandum of understanding between the municipality and the community cat caregivers. Individuals and organizations may apply to the sponsor to serve as caregivers.

Sponsor requirements. It shall be the duty of the sponsor to:

Review and approve of colony caregivers;

Help to resolve any complaints over the conduct of a colony caregiver or of cats within a colony;

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

Report annually to the municipality and the Gloucester County Animal Shelter on the following:

(a)

Number of colonies in the municipality;

(b)

Total number of cats in colonies;

(c)

Number of cats and kittens spayed and neutered pursuant to the TNVR program; and

(d)

Number of cats and kittens placed in permanent homes.

(5)

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.

Community cat caregivers. Community cat caregivers must ensure community cats are sterilized, vaccinated against the threat of rabies, microchipped, and ear-tipped, and must cooperate with the municipality and the sponsor to abate any nuisance.

Caregiver requirements. Caregivers are responsible for the following:

Registering the community cat colony with the sponsor;

Taking steps that are reasonably likely to result in the vaccination of the colony population for rabies utilizing the three-year vaccine and making reasonable efforts to update the vaccinations on cats that can be recaptured;

Taking steps that are reasonably likely to result in the spaying/neutering, by a licensed veterinarian, of at least 90% of the colony population;

Providing the sponsor with pictures of each cat in the colony and records evidencing that the cats have been vaccinated and spayed/neutered;

(5)

Providing food, water and, if feasible, shelter for colony cats;

(6)

Observing the colony cats at least twice per week and keeping a record of any illnesses or unusual behavior noticed in any colony cats;

(7)

Obtaining the approval of the owner of any property to which the caregiver requires access to provide colony care;

(8)

In the event that kittens are born to a colony cat, 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;

(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 that died or otherwise ceased being a part of the colony during the year, and the number of kittens placed in permanent homes as companion cats; and

(10)

Obtaining proper medical attention to any colony cat that appears to require it.

Location of community cat colonies. All managed community cat colonies must be maintained in compliance with trespassing and property laws. Community cat colonies shall not be located in an area where the establishment of a community cat colony would likely create a nuisance for adjacent property owners or proximate to environmentally sensitive areas critical to endangered or threatened wildlife species.

Requirements for exemptions from certain provisions of this article. All cats that are part of a municipally approved TNVR or community cat colony program pursuant to this article must be sterilized, vaccinated against the threat of rabies, microchipped, and ear-tipped for easy identification. If these requirements are met, the community cat is exempted from licensing, stray and at-large provisions of this article.

§ 9-43 Trapping of cats.

Trapping of community cats by those who are not community cat caregivers as defined in this article, sponsors, ACOs, or members of law enforcement is prohibited unless the person trapping the cats is doing so for the purpose of providing medical attention for a sick or injured cat or for the purpose of TNVR. Persons who trap free-roaming cats for the purpose of TNVR must comply with the provisions of this article.

§ 9-44 Disposition of ear-tipped community cats.

Injured or sick ear-tipped cats trapped by an ACO. If an ACO traps an injured or sick ear-tipped cat that requires medical attention, the ACO shall scan the cat for a microchip. If a microchip is found which identifies the cat or cat's colony, the officer shall contact the sponsor or community cat caregiver of the cat who shall then arrange for medical attention. If the injured or sick cat does not have a microchip and cannot otherwise be identified by the ACO, the ACO shall contact the sponsor, who will arrange for the cat to receive medical attention and return the cat to the appropriate colony or place the cat in another appropriate placement.

Ear-tipped cats inadvertently trapped by an ACO. An ACO who traps an apparently healthy ear-tipped cat shall immediately release the cat at the place it was trapped.

Ear-tipped cats deliberately trapped by an ACO; community cat caregiver/sponsor responsible for nuisance abatement. An ACO who deliberately traps an ear-tipped cat shall scan the cat for a microchip. If a microchip is found which identifies the cat or cat's colony, or if the officer is able to identify the cat by another means, the officer shall contact the sponsor or community cat caregiver of the cat with a description of the cat, the microchip number, the location where the cat was trapped, and the nuisance complaint which caused the animal control officer to set the trap.

The requirements of this article notwithstanding, ACOs and police officers may investigate any nuisance complaint. If an ACO or police officer determines that an ear-tipped community cat is causing a nuisance as defined by this article, the ACO or police officer shall contact the sponsor. The sponsor shall begin the nuisance abatement procedures within 48 hours and make all reasonable efforts to resolve the nuisance in as short a time period as possible, not to exceed 30 days. If the sponsor fails to resolve the nuisance or remove the cat within 30 days, the ACO may remove the cat.

If an ACO or police officer reasonably determines that a cat is injured or poses a significant threat to public health or safety, the officer may reduce the time that the sponsor has to resolve the complaint, as necessary to protect the cat and the public health, before taking further action. In the case of an emergency, the ACO or police officer may remove the cat, but within 24 hours, the ACO 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.

Factors to be considered during the nuisance abatement process shall include:

Health and safety of the public and other domestic animals and/or pets;

Impact on threatened or endangered species and the general health of wildlife;

Recognition of the value of community cat colonies and TNVR in managing community cat colonies;

The availability of devices and strategies to minimize nuisance behavior by community cats that may have caused the complaint.

§ 9-45 Enforcement of community cat colonies and/or TNVR program.

The municipality and Gloucester County Animal Control shall have the following rights:

The right to seize or remove cats from a colony or the release location which have not been vaccinated against rabies and which are demonstrating signs of rabies or other zoonotic diseases.

The right to seize or remove a cat from a colony or release location which is creating a nuisance, as defined in this article, after the community cat caregiver and sponsor have been given 30 days to abate the nuisance or remove and relocate the cat and have failed to do so. The caregiver must begin nuisance abatement procedures within 48 hours after being notified of a nuisance by an ACO and must take all reasonable steps to resolve the nuisance in as short a time as possible, not to exceed 30 days.

The right to seize or remove a cat or colony of cats when the community cat caregiver regularly fails to comply with the colony care requirements of this article and the sponsor has not been able to obtain a replacement or substitute caregiver within 30 days of the notice to the caregiver and sponsor of the failure to comply with this article. If one or more cats are in danger due to a caregiver's lack of compliance, the sponsor may work with other local caregivers to find a suitable replacement caregiver or relocate the cats.

Ordinance enforcement. The municipality shall have the following rights:

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.

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 30 days to remove and relocate the cat and have failed to do so.