Editor's Note: See also Board of Health ordinances regarding
License Fees for Dogs, Rabies Vaccination of Cats and Rabies Vaccination
of Dogs.
[1976 Code § 38-7; Ord. No. 27-82; Ord. No. 86-29)
Each and every dog shall be duly licensed and shall bear evidence
of such license at all times, in accordance with the laws of the State
of New Jersey. The annual fee for such license shall be as provided
herein.
[1976 Code § 38-7; Ord. No. 27-82; Ord. No. 86-29]
Licenses, registration tags and the renewal thereof shall expire
on the last day of January of each year. A late fee shall be due and
owing to the Township for each and every dog licensed after the 31st
day of January of any year.
[1976 Code § 38-1; amended 4-13-2021 by Ord. No. 2021-09]
No dog shall run at large at any time in this Township. This provision shall not apply to hunting dogs during hunting season or while they are being trained, provided that, at all times, such dogs are under the control of the owner or trainer. This provision also shall not apply to any dog that is allowed to run at large at the off-leash dog area established in Section 13-1.19 in accordance with the provisions contained therein.
[1976 Code § 38-2]
No person owning or having the care, custody or control of any
dog shall suffer or permit such dog to go or be off the premises owned
by or in the possession of such person, unless the dog shall be accompanied
by a person who is capable of controlling such dog and who has the
dog securely confined and controlled by an adequate leash hot more
than six feet long.
[1976 Code § 38-3]
No person owning or having the care, custody or control of any
dog shall permit such dog to soil or defile or to commit any nuisance
upon any sidewalk, street or thoroughfare in or upon any public property
or in or upon the property of persons other than the owner or person
having the care, custody or control of such dog.
[1976 Code § 38-4]
No person owning or having the care, custody or control of any
dog shall suffer or permit it to soil or defile or do any injury or
damage to any lawn, shrubbery, trees, flowers, grounds or any property
of persons other than the owner or person having the care, custody
or control of such dog.
[1976 Code § 38-5]
No person shall keep, harbor or maintain any dog which habitually
barks or cries so as to disturb the public peace.
[1976 Code § 38-6]
The owner or custodian of any dog shall be responsible for any
damage done by such dog.
[1]
Editor's Note: Prior ordinance history includes portions of
1976 Code § 38-9.
[Ord. No. 96-34 § I]
As used in this section:
Shall mean any person who shall own, keep or harbor a dog
within the Township.
Shall mean any dog or dog hybrid which has been declared
by a Municipal Judge to be potentially dangerous.
Shall mean a certified Animal Control Officer as defined
in N.J.S.A. 4:19-15.1.
Shall mean any dog or dog hybrid which has been declared
by a Municipal Judge to be a vicious dog.
[Ord. No. 96-34 § I]
a.
It shall be the duty of the Poundmaster or his designee to receive
and investigate complaints against dogs. If he reasonably believes
any dog complained of to be a vicious or potentially dangerous dog,
he shall report his findings in writing to the Municipal Judge.
b.
The Poundmaster or his designee shall notify the Municipal Court
and the municipal health officer immediately that he has seized and
impounded a dog pursuant to this section or that he has reasonable
cause to believe that a dog has killed another domestic animal and
that a hearing is required. The Poundmaster or his designee shall
through a reasonable effort attempt to determine the identity of the
owner of any dog seized and impounded pursuant to this section. If
its owner cannot be identified within seven days, that dog may be
humanely destroyed.
c.
The Poundmaster or his designee shall, within three working days
of the determination of the identity of the owner of a dog seized
and impounded pursuant to this section, notify by certified mail,
return receipt requested, the owner concerning the seizure and impoundment
and that, if the owner wishes, a hearing will be held to determine
whether the impounded dog is vicious or potentially dangerous. This
notice shall also require that the owner return within seven days,
by certified mail or hand delivery, a signed statement indicating
whether he wishes the hearing to be conducted or, if not, to relinquish
ownership of the dog, in which case the dog may be humanely destroyed.
If the owner cannot be notified by certified mail, return receipt
requested, or refuses to sign for the certified letter, or does not
reply to the certified letter with a signed statement within seven
days of receipt, the dog may be humanely destroyed.
[Ord. No. 96-34 § I]
The Municipal Judge shall notify in writing the owner or keeper
of an allegedly vicious or potentially dangerous dog that a complaint
has been made and require the person to appear before him at a stated
time and place for a hearing.
[Ord. No. 96-34 § I]
a.
The Municipal Court shall declare the dog vicious if it finds by
clear and convincing evidence that the dog:
b.
A dog shall not be declared vicious for inflicting death or serious
bodily injury as defined in N.J.S.A. 2C:11-1(b) upon a person if the
dog was provoked. The municipality shall bear the burden of proof
to demonstrate that the dog was not provoked.
c.
If the Municipal Court declares a dog to be vicious, and no appeal
is made of this ruling pursuant to N.J.S.A. 4:19-25, the dog shall
be destroyed in a humane and expeditious manner, except that no dog
may be destroyed during the pendency of an appeal.
[Ord. No. 96-34 § I]
a.
The Municipal Court shall declare a dog to be potentially dangerous
if it finds by clear and convincing evidence that the dog:
b.
A dog shall not be declared potentially dangerous for:
1.
Causing bodily injury as defined in N.J.S.A. 2C:11-1(a) to a person
if the dog was provoked; or
2.
Killing a domestic animal if the domestic animal was the aggressor.
|
For the purpose of paragraph b1 of this subsection, the municipality
shall bear the burden of proof to demonstrate that the dog was not
provoked.
|
[Ord. No. 96-34 § I]
No person owning or keeping a vicious dog shall permit the dog
to be off the property of the owner or keeper without being securely
muzzled.
[Ord. No. 96-34 § I]
If the Municipal Court declares the dog to be potentially dangerous,
it shall issue an order and a schedule for compliance which, in part:
a.
Shall require the owner to comply with the following conditions:
1.
To apply, at his own expense, to the Municipal Clerk or other official
designated to license dogs pursuant to N.J.S.A. 4:19-15.2, for a special
municipal potentially dangerous dog license, municipal registration
number, and red identification tag. The owner shall, at his own expense,
have the registration number tattooed upon the dog in a prominent
location. The potentially dangerous dog shall be impounded until the
owner obtains a municipal potentially dangerous dog license, municipal
registration number, and red identification tag;
2.
To display, in a conspicuous manner, a sign on his premises warning
that a potentially dangerous dog is on the premises. The sign shall
be visible and legible from 50 feet of the enclosure required pursuant
to paragraph a3 of this subsection;
3.
To immediately erect and maintain an enclosure for the potentially
dangerous dog on the property where the potentially dangerous dog
will be kept and maintained, which has sound sides, top and bottom
to prevent the potentially dangerous dog from escaping by climbing,
jumping or digging and within a fence of at least six feet in height
separated by at least three feet from the confined area. The owner
of a potentially dangerous dog shall securely lock the enclosure to
prevent the entry of the general public and to preclude any release
or escape of a potentially dangerous dog by an unknowing child or
other person. All potentially dangerous dogs shall be confined in
the enclosure or, if taken out of the enclosure, securely muzzled
and restrained with a tether approved by the Poundmaster or his designee
and having a minimum tensile strength sufficiently in excess of that
required to restrict the potentially dangerous dog's movements to
a radius of no more than three feet from the owner and under the direct
supervision of the owner;
b.
May require the owner to maintain liability insurance in an amount
determined by the Municipal Court to cover any damage or injury caused
by the potentially dangerous dog. The liability insurance, which may
be separate from any other homeowner policy, shall contain a provision
requiring the Township of Holmdel to be named as an additional insured
for the sole purpose of being notified by the insurance company of
any cancellation, termination or expiration of the liability insurance
policy.
[Ord. No. 96-34 § I]
The owner of the dog, or the Poundmaster or his designee may
appeal any final decision, order, or judgment, including any conditions
attached thereto, of a Municipal Court pursuant to N.J.S.A. 4:19-17
et seq. by filing an appeal with the Superior Court, Law Division,
in accordance with the Rules Governing The Courts of the State of
New Jersey pertaining to appeals from courts of limited jurisdiction.
The Superior Court shall hear the appeal by conducting a hearing de
novo in the manner established by those rules for appeals from courts
of limited jurisdiction.
[Ord. No. 96-34 § I]
a.
If a dog is declared vicious or potentially dangerous, and all appeals
pertaining thereto have been exhausted, the owner of the dog shall
be liable to the Township of Holmdel for the costs and expenses of
impounding and destroying the dog. The owner shall incur the expense
of impounding the dog in a facility other than the municipal pound,
regardless of whether the dog is ultimately found to be vicious or
potentially dangerous.
b.
If the dog has bitten or exposed a person within 10 days previous
to the time of euthanasia, its head shall be transported to the New
Jersey State Department of Health laboratory for rabies testing.
[Ord. No. 96-34 § I]
If the Municipal Court finds that the dog is not vicious or
potentially dangerous, the Municipal Court shall retain the right
to convene a hearing to determine whether the dog is vicious or potentially
dangerous for any subsequent actions of the dog.
[Ord. No. 96-34 § I]
The owner of a potentially dangerous dog shall:
a.
Comply with the provisions of N.J.S.A. 4:19-17 et seq. in accordance
with a schedule established by the Municipal Court but in no case
more than 60 days subsequent to the date of determination;
b.
Notify the licensing authority, the Police Department and the Poundmaster
or his designee if a potentially dangerous dog is at large, or has
attacked a human being or killed a domestic animal;
c.
Notify the licensing authority, the Police Department and the Poundmaster
or his designee within 24 hours of the death, sale or donation of
a potentially dangerous dog;
d.
Prior to selling or donating the dog, inform the prospective owner
that the dog has been declared potentially dangerous;
e.
Upon the sale or donation of the dog to a person residing in a different
municipality, notify the health department and the licensing authority,
Police Department or force, and Animal Control Officer of that municipality
of the transfer of ownership and the name, address and telephone of
the new owner; and
f.
In addition to any license fee required pursuant to N.J.S.A. 4:19-15.3,
pay a potentially dangerous dog license fee to the municipality as
provided by N.J.S.A. 4:19-31.
[Ord. No. 96-34 § I; Ord. 2006-07 § VI]
The owner of a potentially dangerous dog who is found by clear
and convincing evidence to have violated this chapter, or to have
failed to comply with a court's order shall be subject to a fine of
not more than $2,000 per day of the violation, and each day's continuance
of the violation shall constitute a separate and distinct violation.
The Municipal Court shall have jurisdiction to enforce this section.
The Poundmaster or his designee is authorized to seize and impound
any potentially dangerous dog whose owner fails to comply with the
provisions of N.J.S.A. 4:19-17 et seq., or any rule or regulation
adopted pursuant thereto, or a court's order. The Municipal Court
may order that the dog so seized and impounded be destroyed in an
expeditious and humane manner.
[Ord. No. 96-34 § I]
a.
There shall be issued a potentially dangerous dog registration number
and red identification tag along with a municipal potentially dangerous
dog license upon a demonstration of sufficient evidence by the owner
to the Poundmaster or his designee that he has complied with the court's
orders. The last three digits of each potentially dangerous dog registration
number issued will be the three number code assigned to the Township
of Holmdel in the regulations promulgated pursuant to N.J.S.A. 4:19-33.
The Poundmaster or his designee shall verify, in writing, compliance
to the Municipal Clerk or other official designated to license dogs
in the Township of Holmdel;
b.
The Township of Holmdel will publicize a telephone number for reporting
violations of this chapter. This telephone number shall be forwarded
to the State of New Jersey Department of Health and any changes in
this number shall be reported immediately to the State of New Jersey
Department of Health.
[Ord. No. 96-34 § I]
a.
Causes for Impounding. The Poundmaster or his designee shall take
into custody and impound, or cause to be taken into custody and impounded,
any of the following dogs:
1.
Any unlicensed dog running at large in violation of the provisions
of this chapter.
2.
Any dog off the premises of the owner of or the person keeping or
harboring the dog which the dog warden or his agent has reason to
believe is a stray dog.
3.
Any dog off the premises of the owner of or the person keeping or
harboring such dog without a current registration tag on its collar.
4.
Any female dog in season off the premises of the owner or of the
person keeping or harboring such dog.
5.
Any dog which has been determined to be a vicious dog as provided in subsection 5-3.4, provided that these dogs may also be seized by any law enforcement officer, and provided further that if the dogs cannot be seized with safety, they may be killed.
6.
Any dog or other animal which is suspected to be rabid.
7.
Any dog or other animal off the premises of the owner reported to
or observed by the Poundmaster or his designee to be ill, injured
or creating a threat to public health, safety and welfare or otherwise
interfering with the enjoyment of property.
8.
Any dog or dog hybrid which the Poundmaster or his designee has reasonable
cause to believe that the dog or dog hybrid has attacked a person
and caused death or serious bodily injury as defined in N.J.S.A. 2C:11-1(b)
to that person; or has caused bodily injury as defined in N.J.S.A.
2C:11-1(a) to a person during an unprovoked attack and poses a serious
threat of harm to persons or domestic animals; or has engaged in dog
fighting activities as described in N.J.S.A. 4:22-26; or has been
trained, tormented, badgered, baited or encouraged to engage in unprovoked
attacks upon persons or domestic animals.
[Ord. No. 2015-09 § 1]
a.
If an animal taken into custody and impounded that can be traced
to the owner or person charged with the care of the animal, the certified
Animal Control Officer shall ascertain the name and address of the
owner or the person charged with the care of the animal, and serve
to the identified person, as soon as practicable, a notice in writing
that the animal has been seized and the owner or the person charged
with the care of the animal will be liable for all fees incurred,
by the municipality, from a licensed kennel or shelter.
b.
Any owner or person charged with the care of the animal who refuses
or neglects to pay forthwith the costs and charges incident thereto
shall be deemed to have violated the provisions of this subsection.
c.
Redemption fees shall not exceed $275/cat and $300/dog along with
appropriate veterinary fees.
[1976 Code § 38-8]
The Township Committee shall have power to appoint a Poundmaster
or other designated authority, whose duty it shall be to enforce the
provisions of this chapter. The Township Committee shall also have
power to enter into a contract with one or more persons for the exercise
of the duty of Dogcatcher, Dog Warden or Poundmaster and to enforce
the provisions of this chapter.
[1976 Code § 38-11]
Any person who violates any provision of this chapter shall
be liable to a penalty of not more than $25 for the first conviction
of such violation and, upon failure to pay the fine and the costs
and charges incidental thereto, may be imprisoned in the county jail
for a period not exceeding 10 days and, in the case of a conviction
for a second, subsequent or continuing violation, shall be liable
to a penalty of not more than $50 for each offense and, upon failure
to pay the fine and the costs and charges incidental thereto, may
be imprisoned in the county jail for a period not exceeding 30 days.
[Ord. No. 2015-09 § 2]
As used in this section:
Shall mean any establishment wherein or whereon the business
of boarding or selling dogs or breeding dogs for sale is carried on,
except a pet shop.
Shall mean any room or group of rooms, cage or exhibition
pen, not part of a kennel, wherein animals for sale are kept or displayed.
[Ord. No. 2015-09 § 2]
a.
Every pet shop shall submit to the Township Clerk or other official
designated to license dogs in the Township, a report providing the
following information from the prior year of operation:
1.
The name, full street address, email address, if available, and USDA
license number of: (i) any breeder from which the pet shop purchased
an animal, whether or not the pet shop offered the animal for sale,
(ii) any breeder that bred an animal that the pet shop purchased from
a broker, whether or not the pet shop offered the animal for sale,
and (iii) any broker from which the pet shop purchased an animal,
whether or not the pet shop offered the animal for sale;
2.
If a breeder whose identity the pet shop is required to report pursuant to subsection 5-6.2a1 is required to be licensed in the state in which the breeder is located, the breeder's state license number;
3.
If a broker whose identity the pet shop is required to report pursuant to subsection 5-6.2a1 is different from any breeder whose identity the pet shop is required to report pursuant to subsection 5-6.2a1, and the broker is required to be licensed in the state in which the broker is located, the broker's state license number; and
[Ord. No. 2018-02]
Means the home or other facility in which an animal rescue
organization houses or cares for animals.
Means 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.
Means a member of a species of domestic cat, Felis catus.
Means a member of a species of domestic dog, Canis familiaris.
Means a retail establishment where dogs and cats are sold,
exchanged, bartered or offered for sale as pet animals to the general
public at retail. Such definition shall not include an animal care
facility or animal rescue organization, as defined.
Means to sell, deliver, offer for sale or adoption, advertise
for the sale of, barter, auction, give away, or otherwise transfer
or dispose of a dog or cat.
[Ord. No. 2018-02]
No pet shop may offer for sale any cats or dogs. Nothing in
this section shall prohibit pet shops from collaborating with animal
care facilities or animal rescue organizations to offer space for
such entities to showcase dogs and cats in their custody or control
for adoption.
[Added 4-13-2021 by Ord.
No. 2021-12]
The following words, terms and phrases, when used in this section
shall have the meanings ascribed to them in this section:
The period of chicken growth when supplemental heat must
be provided due to the bird's inability to generate enough body heat.
A domesticated bird of the order of Galilformes in genus
of Gallus (chickens) that serves as a source of eggs or meat.
A baby chicken not more than six weeks old.
A young male chicken.
The structure for the keeping or housing of chickens permitted
by the ordinance.
A female chicken.
A male chicken.
A fully enclosed and covered area attached to a coop where
chickens can roam unsupervised.
[Added 4-13-2021 by Ord.
No. 2021-12]
a.
The following restrictions apply to the number of chickens housed
on a residential property:
1.
No more than six hens shall be housed or kept on any single residential
lot that is 43,000 square feet or smaller.
2.
No more than 12 hens shall be housed or kept on any single residential
lot that is larger than 43,000 square feet.
3.
Brooding chicks shall only be possessed in a quantity necessary to
allow for the cyclical replacement of hens, and not for any purposes
of sale or resale.
b.
The breeding of roosters and/or chickens is prohibited.
c.
Cockerels must be culled from broods when identified.
d.
Chickens shall be housed at all times that they are unsupervised
in a coop that must meet the following minimum standards:
2.
Coops must comply with the applicable setbacks for accessory structures
established in the applicable zoning ordinance or variance therefrom.
3.
Coops require a zoning permit.
4.
Coops must be constructed using materials that are adequate to prevent
against access by rodents.
5.
Coops must be maintained in good repair.
6.
Coops must be at least 20 feet away from the door or window of any
occupied structure other than the owner's own dwelling.
7.
Coops must include a run.
8.
Coops must house the chickens and keep them confined at all times.
e.
All coops and surrounding premises shall be maintained as follows:
1.
Such areas shall be kept clean from filth, garbage, and any substances
that attract rodents.
2.
Such areas shall be cleaned at a sufficient frequency to control
odors.
3.
Such areas shall be maintained in a manner that prevents manure and
waste from accumulating to cause unsanitary conditions or odors detectable
on another property.
4.
Such areas and manure storage must be at least 20 feet away from
streams, tributaries, ditches, storm water management facilities,
drop inlets, or other storm drainage areas that would allow fecal
matter to enter any storm drainage system or stream.
f.
Chickens shall not be housed in a residential dwelling or an attached
or detached garage, except for brooding purposes.
g.
Chickens shall not be kept in a manner that constitutes a nuisance
to the occupants of any adjacent property.
h.
All grain and food stored for use by chickens shall be maintained
in a rodentproof container.
[Added 4-13-2021 by Ord.
No. 2021-12]
This section shall be enforced by the Code Enforcement Officer.
[Added 4-13-2021 by Ord.
No. 2021-12]
[Added 4-26-2022 by Ord.
No. 2022-12]
For the purposes of this section, the following terms shall
have the meanings set forth in this section:
Includes any person employed by the Township, or retained
by the Township pursuant to a shared services agreement, who is authorized
to investigate violations of laws and regulations concerning animals
within the Township, as well as the Township's Code Enforcement
Officer or designee, and any sworn law enforcement officer of the
Township.
Any person or persons responsible for caring for a managed
cat colony.
A cat that is socialized to humans and is appropriate as
a companion for humans.
A tagged, notched or tipped ear as performed by a licensed
veterinarian.
A cat that is not socialized to humans and is not appropriate
as an inside companion for humans.
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.
A feral cat colony where a caregiver is given license to
TNVR, ear mark, electronic animal identification device (EAID), feed,
house, and take general care of the cats.
Disturbing the peace by:
Every person having a right of property, or having custody
or keeping a cat, or who harbors, maintains, regularly feeds, or knowingly
permits a cat to remain on or about premises occupied by that person.
Any individual, corporation, partnership, organization or
institution commonly recognized by law as a unit.
An entity appointed by the Township pursuant to § 5-9.8, which among other things, has entered into a memorandum of understanding with the Township to assume a role of responsibility for, and oversight of, caregivers being given license to care for managed cat colonies.
A cat that is regularly off the property of any owner, is
not under the physical control and restraint of any owner and is not
regularly provided with food by any owner.
Trap, neuter, vaccinate, and return.
A program pursuant to which feral and stray cats are trapped,
neutered or spayed, vaccinated against rabies and returned to a managed
cat colony.
Those diseases transmittable to humans from animals, including
parasitic, bacterial, fungal and viral diseases.
[Added 4-26-2022 by Ord.
No. 2022-12]
a.
Owners of domesticated cats shall provide appropriate and adequate
food, water and shelter for their cats.
b.
The owner of a domesticated cat shall prohibit the cat from creating
a nuisance.
c.
The owner of a domesticated cat shall not permit his/her cat to roam
off of the property of said owner.
d.
An owner shall not abandon a domesticated cat.
[Added 4-26-2022 by Ord.
No. 2022-12]
a.
Feral cat colonies are not permitted and may not be established unless
licensed as a managed cat colony by a caregiver in accordance with
the terms and conditions of this section.
b.
A prospective caregiver shall make application to obtain a license
for a managed cat colony with the corresponding fee to the Township
Clerk. Upon receipt, the Township Clerk shall submit the application
to the Code Enforcement Officer for review. The Township shall issue
a license only if the caregiver and the managed cat colony complies
with the terms and conditions of this section.
c.
The fee to obtain a license for a managed cat colony is $50 per year.
d.
Feral cat colonies within the Township that are not licensed by the
Township are not entitled to any benefits or protections set forth
in this section.
[Added 4-26-2022 by Ord.
No. 2022-12]
Caregivers are responsible for the following:
a.
Registering as a feral cat caregiver with the Township;
b.
Registering the feral cat colony with the Township;
c.
Taking steps that will result in the vaccination of the colony population
for rabies and updating the vaccinations on all cats within the colony
to keep them current;
d.
Taking steps to further the objective of the spay/neuter of at least
90% of the colony population;
e.
Providing Township officials with descriptions of each cat in the
colony and copies of documents evidencing that the cats have been
vaccinated, spayed/neutered, implanted with EAID (as hereafter defined),
and ear marked;
f.
Providing food, water and, if feasible, shelter for colony cats;
g.
Feeding cat colony on a schedule approved by the Township and returning
to location within two hours to clean and maintain area as required;
h.
Observing the colony cats at least twice per week and keeping a record
of, and reporting to the Township, any illnesses or unusual behavior
noticed in any colony cats;
i.
Obtaining the approval, in writing, of the owner of any property,
to which the caregiver requires access to provide care to colony cats;
j.
In the event that kittens are born to a colony cat, the caregiver
shall take steps to result in the removal of the kittens from the
colony after they have been weaned, and the placement of the kittens
with the Township's sponsor if applicable for subsequent permanent
placement;
k.
Reporting annually, in writing, to the Township 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;
l.
Obtaining proper medical attention for any colony cat that appears
to require it;
m.
Adhering to N.J.S.A. 26:4-78 et seq., the caretaker shall be responsible
to report and confine any colony cat falling under the definitions
of rabies exposure as outlined in the quarantine guidelines;
n.
Prohibiting cats from creating a nuisance in/on adjacent properties.
[Added 4-26-2022 by Ord.
No. 2022-12]
a.
Colony cat requirements.
1.
The left ear of a colony cat that has been spayed or neutered and vaccinated shall be ear marked as provided in Subsection a2.
2.
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.
b.
Disposition of colony cats.
1.
An animal control officer or Township official 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 any
cat trapped or picked up for an EAID. If an EAID is found, the officer
shall return the cat to its colony or its owner and/or caretaker.
2.
If the cat does not have an EAID, then the animal control officer
or Township official shall take custody of the cat. If the cat does
not have an EAID, and the owner cannot be located, then the cat will
be impounded in a shelter for a seven-day holding period.
[Added 4-26-2022 by Ord.
No. 2022-12]
a.
No person, other than a caregiver, shall feed feral cats on any property
within the Township.
b.
No person, other than a caregiver, shall leave food outdoors on any
property within the Township.
c.
No person shall take any action that impedes an individual from taking
and pursuing actions authorized by this section.
[Added 4-26-2022 by Ord.
No. 2022-12]
a.
The Township shall have the following rights:
1.
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 or any other zoonotic disease.
2.
The right to seize or remove a cat from a colony that is creating
a nuisance, as defined by this section, and the caregiver and sponsor
have been given 30 days to remove and relocate the cat and have failed
to do so.
3.
The right to seize or remove a colony of cats when the caregiver
regularly fails to comply with the requirements of this section and
the Township has not been able to obtain a replacement or substitute
caregiver within 30 days of the Township's notice to the Township
of the caregiver's failure to comply with this section.
[Added 4-26-2022 by Ord.
No. 2022-12]
a.
The Township may enter into a memorandum of understanding with an
organization to serve as a sponsor, as defined and subject to the
terms of this section.
b.
A duly appointed sponsor and its agents shall act in the name of
the Township and be considered Township officials for the purposes
of this section.
c.
Sponsor Requirements. It shall be the duty of the sponsor to:
1.
Submit the names and addresses of applicants for colony caregiver
for approval by Township officials;
2.
Resolve any complaints over the conduct of a colony caregiver or
of cats within a colony;
3.
Maintain and submit to Township 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;
5.
Along with the caregiver, humanely capture, trap, spay/neuter, vaccinate/revaccinate
according to NJ State Dept. of Health duration of immunity guidelines,
and identify feral cats;
6.
Take financial responsibility and action in the instance of an approved
caregiver abandoning a colony or failing to meet the responsibilities
of the role of caregiver;
7.
Reporting annually, in writing, to Township officials 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;
d.
Sponsor shall obtain and maintain liability insurance in the minimum
amount of $500,000 for all activities, action and work performed pursuant
to this section and the laws of this state, naming the Township as
an additional named insured, providing an annual copy of the declaration
of insurance and proof of payment of same.
e.
Sponsor shall agree to forever defend, protect, indemnify and hold
harmless the Township, its officers, agents and employees from and
against any and all claims, causes of action, injuries, losses, damages,
expenses, fees and costs arising out of or which may arise out of
the creation and operation of the TNVR program.
[Added 4-26-2022 by Ord.
No. 2022-12]
Not later than December 31, 2024, the Township shall study the
effectiveness of the TNVR program and review the continuance of this
section. This section, however, shall continue as provided unless
and until specifically rescinded or amended.
