[R.O. 2011 § 210.400; Ord. No. 15-173 § 1, 8-4-2015]
A.
Purpose. To permit implementation of a
Trap-Neuter-Return (TNR) program for the purpose of reducing the population
of feral cats, benefiting public health, improving the quality of
life for residents, and ensuring the humane treatment of feral cats.
B.
ANIMAL CONTROL AGENCY
ANIMAL WELFARE ORGANIZATION
CARETAKER
EARTIP
FERAL CAT
FERAL CAT COLONY AND COLONY
FOSTER HOME
KITTEN
NUISANCE
OWNED CAT
SHELTER
SPONSOR
STERILIZE
STRAY CAT
TNR
TNR PROGRAM
Definitions. For the purpose of this section,
the following words shall have the meaning set forth in this Subsection.
Any agency or person, including an animal control officer,
authorized by law to implement animal control laws and provide animal
care and control.
Any charitable organization whose purpose includes promotion
of animal welfare and that has been granted Section 501(c)(3) not
for profit status by the Internal Revenue Service.
Any person who regularly provides food and water to a feral
cat colony.
A mark identifying a feral or stray cat as having been sterilized,
specifically the removal of a quarter inch off the tip of the cat's
left ear in a straight line cut while the cat is anesthetized.
A cat that is not socialized to humans and is not an owned
cat.
A group of feral or stray cats that congregate, more or less,
together as a unit and share a common food source.
A household in which a cat or kitten is temporarily placed
for the purpose of providing indoor shelter, care and, if necessary,
socialization before permanent placement in an adoptive home.
A member of the species Felis catus under the age of eight
(8) weeks.
Conduct by feral or stray cats that disturbs the peace, including:
A cat that is a companion to a person, is regularly fed and
sheltered in that same person's habitation and carries visible indicia
of ownership, including a collar or tag.
A structure that provides feral and stray cats with protection
from cold, rain and other weather-related elements.
Any Animal Welfare Organization that agrees to comply with
the requirements of sponsorship set forth in this Section; provides
written notice to the City that it desires to serve as a Sponsor;
and is approved by the City within its discretion.
To spay or neuter.
A cat that is socialized to humans and is not an owned cat.
The method of managing feral and stray cats known as Trap-Neuter-Return.
A program pursuant to which feral and stray cats are trapped,
sterilized, vaccinated against rabies, ear-tipped, returned to the
location where they were captured and provided with long-term care
by a Caretaker in accordance with this Section.
C.
Management Of Feral Cat Colonies.
1.
A TNR Program shall be permitted
and Caretakers shall be entitled to maintain feral cat colonies in
accordance with the terms and conditions of this Section.
2.
Sponsorship Of TNR Program. Any Animal
Welfare Organization that agrees and is able to comply with the requirements
of this Section shall be eligible to act as a Sponsor of the TNR Program
upon approval by the City within its discretion. Any Animal Welfare
Organization intending to undertake the responsibilities of sponsorship
shall provide to the City a written letter of intention containing
its address or location, telephone number and, if applicable, electronic
mailing address.
3.
Sponsor Requirements. It shall be
the duty of a Sponsor to:
a.
Register all feral cat colonies managed
by Caretakers pursuant to the requirements of this Section;
b.
Ensure the ongoing compliance of
Caretakers of registered colonies with the requirements of this Section;
c.
Maintain records provided by Caretakers
on the size and location of registered colonies, as well as vaccination
and sterilization records of cats in the colonies;
d.
Help to resolve any complaints over
the conduct of Caretakers of registered colonies or of cats belonging
to registered colonies;
e.
Report annually to the City on the
following:
(1)
Number of colonies in
the City that are registered with the Sponsor;
(2)
Total number of cats
in colonies in the City that are registered with the Sponsor;
(3)
Number of cats sterilized
and vaccinated pursuant to the TNR Program in the past year; and
(4)
Number of cats and kittens
removed for purposes of foster or adoptive placement in the past year.
4.
Caretaker Requirements. It shall
be the responsibility of a Caretaker to:
a.
Submit all feral cat colonies managed
by the Caretaker for registration with a Sponsor pursuant to the requirements
of this Section;
b.
Make reasonable efforts to trap all
cats in a registered colony and have all trapped cats sterilized,
vaccinated against rabies and eartipped by a licensed veterinarian;
c.
Make reasonable efforts to recapture
all cats to update rabies vaccinations as required by law;
d.
Keep and maintain vaccination, sterilization,
and medical records for all trapped cats and provide the Sponsor with
copies of vaccination and sterilization records for all trapped cats;
e.
Provide or arrange for the provision
of adequate food and water on a regular basis to colony cats and make
reasonable efforts to ensure adequate shelter for colony cats;
f.
Make reasonable efforts to trap and
obtain proper medical attention for any colony cat that appears to
require it;
g.
Make reasonable efforts to remove
and find permanent adoptive homes or foster homes for kittens born
to colony cats;
h.
Make reasonable efforts to work with
the Sponsor to resolve any complaints over the conduct of the Caretaker
or of colony cats managed by the Caretaker;
i.
Report annually in writing to the
Sponsor on the status of the Caretaker's colony, including:
(1)
Total number of cats
in the colony and total number of cats in the colony that are sterilized;
(2)
Number of cats in the
colony sterilized and vaccinated pursuant to the TNR Program in the
past year;
(3)
Number of cats that
have died or otherwise ceased to be a part of the colony in the past
year;
(4)
Number of kittens born
to colony cats in the past year and their disposition; and
(5)
Number of cats and kittens
removed for purposes of foster or adoptive placement in the past year.
5.
Feral Cat Colony Registration. Upon
registration of a feral cat colony, the Caretaker shall provide his
or her Sponsor with:
a.
Address, telephone number and, if
applicable, electronic mailing address of the Caretaker;
b.
Location of the colony;
c.
Total number of cats in the colony;
d.
Total number of cats in the colony
that are sterilized, total number of cats in the colony that are vaccinated
against rabies, and records of such vaccinations and sterilizations.
6.
Withdrawal Of Caretaker Or Sponsor.
a.
In the event that a Caretaker of
a registered colony is unable or unwilling to continue in that role,
he or she shall notify his or her Sponsor in writing and shall make
reasonable efforts to secure a replacement Caretaker.
b.
In the event that a Sponsor is unable
or unwilling to continue to perform its role, it shall provide sixty
(60) days' written notice to the City and shall make reasonable efforts
to secure a replacement Sponsor.
7.
Disposition Of Colony Cats. An Animal
Control Agency that has trapped or received an ear-tipped cat from
within the City shall take reasonable steps to notify all Sponsors
of the description and sex of the cat and of the address or location
where the cat was captured. Sponsors shall have up to five (5) business
days after notification to arrange for the cat to be retrieved. If
the cat is retrieved by arrangement of a Sponsor and the Caretaker
of the colony from which the cat was removed can be located with reasonable
efforts, the cat shall be returned to the Caretaker.
D.
Ordinance Enforcement.
1.
Nothing in this Section shall interfere
with the right of the City or an Animal Control Agency to:
a.
Investigate any nuisance complaint
allegedly caused by a feral or stray cat or feral cat colony;
(1)
If it is found that
a feral or stray cat or feral cat colony is causing a nuisance, the
Animal Control Agency or the City shall provide all Sponsors with
written notice delineating the nuisance and location of the cat or
colony with specificity; or
(2)
If a cat or cats belonging
to a registered feral cat colony is causing a nuisance, then the Sponsor
of the colony shall have sixty (60) days from the date that written
notice was provided to cure the nuisance. If the Sponsor fails to
cure the nuisance within sixty (60) days, an Animal Control Agency
or the City shall have the right to remove the offending cat or cats.
b.
Seize and remove a registered feral cat colony if the Caretaker regularly fails to comply with the requirements of Subsection (C)(4) and the Sponsor does not correct the situation within sixty (60) days of being given written notice by the City delineating the Caretaker's failures with specificity; or
c.
Reassign sponsorship of a Sponsor's registered feral cat colonies if the Sponsor regularly fails to comply with the requirements of Subsection (C)(3) and the Sponsor does not correct the situation within sixty (60) days of being given written notice by the City delineating its failures with specificity.
2.
A Caretaker in compliance with this
Section shall be exempt from all other ordinances of the City that
impose requirements on cats that are owned, kept, harbored, or in
the custody of a person.
3.
Grace Period.
a.
If an Animal Control Agency or the
City locates or otherwise becomes knowledgeable about an unregistered
feral cat colony, reasonable efforts shall be made by the Animal Control
Agency or the City to provide written notice to the Caretaker of the
colony of the registration requirements of this Section.
b.
Upon receipt of written notice, a
Caretaker of an unregistered feral cat colony shall have thirty (30)
days to comply with this Section. During the thirty-day period, no
cat from the colony shall be removed by an Animal Control Agency or
the City for reason of causing a nuisance.
c.
Upon registration within the thirty-day period, a Caretaker in receipt of written notice shall be entitled to the protections of Subsection (C)(7), (D)(1)(a), and (D)(2). If the Caretaker fails to register the colony within the thirty-day period, the Caretaker shall not be entitled to any protections under this Section until registration is complete.
