[Adopted 5-27-2014 by Ord. No. 1850[1] ]
[1]
Editor's Note: This ordinance also repealed Ord. No. 1848, which was adopted on 3-25-2014 and which added provisions regarding the management of community cats as Art. V but had not yet been included in the Code.
For the purposes of this Article V, 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 include the singular, words in the singular include the plural and words in the male gender include the female gender.
ANIMAL CONTROL OFFICER
Any person or agency appointed as mandated by N.J.S.A. 4:19-15.16b.
CAREGIVER
An individual or individuals designated by the sponsor who shall be responsible for the normal and customary care of any community cat(s) including providing food, water and veterinary care, when indicated.
COMMUNITY CAT
Any cat living outside as a result of having been born outside or abandoned.
MANAGED COLONY
one or more community cat(s) having undergone TNR and being cared for by a caregiver(s) who provide daily food and water and necessary and reasonable veterinary care for cats and who adopt out cats who would thrive in an adoptive home and for whom such home exists.
SPONSOR
Paws For Peace, Inc., a nonprofit corporation.
TNR
A program where a community cat is trapped, spayed or neutered, and returned to the place where it had been trapped.
A. 
Managed colonies shall be permitted in the Borough of Middlesex pursuant to the following terms and conditions:
(1) 
The sponsor shall provide to the Borough an annual report not later than January 31 of each calendar year, which indicates the number and location of managed colonies; the number of cats in each such managed colony, proof of TNR compliance for all cats in such managed colonies, a certification from the sponsor that all cats were vaccinated for rabies prior to release into such managed colonies and any other information reasonably requested by the Borough shall be included with this information.
(2) 
No cat shall be permitted to be transported from any other location except that nothing herein shall prohibit any cat from being relocated from one managed colony to another managed colony as defined herein.
(3) 
The sponsor shall provide photographs of all community cats and cats maintained in managed colonies that have undergone TNR pursuant to this article.
(4) 
Cats maintained in managed colonies shall not be deemed to be "off the premises of its owner" for purposes of N.J.S.A. 4:19-15.16(e).
(5) 
Not more than 60 days after the adoption of this article, the sponsor shall provide all information required under § 129-37A(1) hereunder. Unless established prior to adoption of this article, managed colony(ies) shall not be permitted within 50 feet of any school building.
(6) 
Only caregivers approved by the sponsor may feed or provide hydration to community cats.
(7) 
Any complaints alleging a violation of this § 129-37 shall be adjudicated as follows:
(a) 
The complainant shall be informed that the Borough has enacted an ordinance permitting the maintenance of cats in managed colonies.
(b) 
The sponsor shall be advised of the complaint and shall be required to respond within 30 days and comply with any ordinance, statute or other regulations or laws governing the act or omission giving rise to the complaint within 60 days or such reasonable time thereafter as determined in the sole discretion of the Borough.
(c) 
If the Borough is informed that an Animal Control Officer has come into possession of a cat from a managed colony, it shall immediately notify the sponsor of such circumstance.
B. 
The Borough Administrator or her/his designee shall enforce the provisions of this article.