[Adopted 6-6-2019 by Ord. No. 806]
For the purpose of this article, the following terms shall have
the meaning set forth in this section. When not inconsistent with
the context, words used in the present tense include the future, words
in the plural number include the singular, words in the singular number
include the plural, and words in the male gender include the female
gender.
An owner or caregiver has forsaken a domesticated cat entirely,
or has neglected or refused to provide care and support to the cat.
Any person employed or appointed 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.
Any person who provides food, water or shelter to or otherwise
cares for a cat.
A cat that is socialized to humans and is appropriate as
a companion for humans.
A tagged, notched or tipped left ear as performed by a licensed
veterinarian.
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.
Spraying and neutering the cats to stabilize the population
of the feral cat colony.
Disturbing the peace by:
Any person, firm, corporation, partnership, association,
trust, estate, or any other legal entity.
For-profit or not-for-profit entity, or a collaboration of
individuals, with at least one of its purposes being the adoption
or placement of cats in homes with humans to serve as companion animals.
A cat that is regularly off the property of the owner, is
not under the physical control and restraint of the owner and is not
regularly provided with food by its owner.
Shelter that provides protection from rain, sun, and other
elements that is adequate to protect the health of the cat.
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 the
location where they congregate.
Those diseases transmittable to humans from animals, including
parasitic, bacterial, fungal and viral diseases.
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 exercise reasonable care to
guard against the cat creating a nuisance.
C.
The owner of a sexually intact (not spayed or neutered) domesticated
cat shall not permit his/her cat to roam unsupervised.
D.
An owner shall not abandon a domesticated cat.
A.
Feral cat colonies shall be permitted and caregivers shall be entitled
to maintain them in accordance with the terms and conditions of this
article.
B.
Sponsorship of colony TNVR programs. Individuals or organized groups
may apply to the Township to serve as colony TNVR program sponsors
("sponsors"). Any person or entity so applying shall comply with the
requirements of this article for sponsors.
C.
Sponsor requirements. It shall be the duty of the sponsor to:
(1)
Review and approve of colony caregivers;
(2)
Help to resolve any complaints over the conduct of a colony caregiver
or of cats within a colony;
(3)
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
(6)
Equally responsible with that of the animal control officer for humanely
capturing, trapping, neutering, vaccinating, identifying and spaying
or neutering feral cats.
(7)
Obtain and maintain liability insurance for all activities, actions
and work performed pursuant to ordinance and laws of the State of
New Jersey, naming the Township of Upper Deerfield as an additional
named insured and providing an annual copy of the Declaration of Insurance
and proof of payment of the same.
D.
Feral cat caregiver requirements. Caregivers are responsible for
the following:
(1)
Registering the feral cat colony with the sponsor;
(2)
Taking steps that are reasonably likely to result in the vaccination
of the colony population for rabies and making reasonable efforts
to update the vaccinations on cats that can be recaptured;
(3)
Taking steps that are reasonably likely to further the objective
of the spay/neuter of at least 90% of the colony population;
(4)
Providing the sponsor with descriptions of each cat in the colony
and copies of documents evidencing that the cats have been vaccinated
and spayed/neutered; i.e., providing food, water and, if feasible,
shelter for colony cats;
(5)
Observing the colony cats at least twice per week and keeping a record
of any illnesses or unusual behavior noticed in any colony cats;
(6)
Obtaining the approval, in writing, of the owner of any property,
to which the caregiver requires access to provide colony care;
(7)
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 or with the sponsor for subsequent permanent placement;
(8)
Reporting annually in writing 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, 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; and
(9)
Obtaining proper medical attention to any colony cat that appears
to require it.
(10)
Taking reasonable steps to prevent cats from creating a nuisance
in adjacent properties.
E.
Colony cat requirements.
(1)
The left ear of a colony cat that has been spayed or neutered and
vaccinated shall be eartipped.
(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.
F.
Disposition of colony cats.
(1)
An animal control officer or sponsor 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. If an EAID is not
found, the officer shall contact the sponsor and the sponsor or any
other person named as the owner of the cat.
(2)
If the owner or sponsor is not able to immediately take custody of
the cat, the officer shall return the cat to the appropriate colony.
(3)
If the cat does not have an EAID then the animal control officer
shall contact the sponsor so the cat can be properly placed in a colony.
If the cat is obviously a domestic cat the sponsor shall arrange for
care for the cat until the owner is located and may determine the
disposition of the cat in those circumstances where the domestic cat's
owner cannot be located. If the cat does not have an EAID and the
owner cannot be located then the sponsor will nevertheless treat the
cat as any stray with a seven-day holding period.
G.
Requirements in general.
(1)
It shall be the responsibility of all residents of Upper Deerfield
Township along with the sponsor, feral cat caregivers, and all involved
individuals to 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. and pursuing the
actions allowed by this article.
H.
Registration of feral cat colonies.
(1)
The sponsor shall register feral cat colonies maintained by approved
caregivers. Feral cat colonies within the Township that are not registered
by the sponsor are not entitled to any benefits or protections set
forth in this article. No colonies may be established except in accordance
with this article. On an annual basis the sponsor shall provide Upper
Deerfield Township with a colony management plan for the Township
containing all registered feral cat colonies with information on the
number of cats, anticipated rate of attrition and the length of project,
efforts to deter predation and to prevent immigration of more cats
into each colony. The list of registered feral cat colonies and the
annual colony management plan shall be filed with the Township Administrator.
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.
(2)
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.
(3)
The right to seize or remove a colony of cats when the caregiver
regularly fails to comply with the requirements of this article and
the sponsor has not been able to obtain a replacement or substitute
caregiver within 30 days of the Township's notice to the sponsor
of the caregiver's failure to comply with this article.
B.
The requirements of this article notwithstanding, animal control
officers and police officers may investigate any nuisance complaint.
Not later than December 31, 2019, the Township of Upper Deerfield
shall annually study the effectiveness of the TNVR Program and review
the continuance of this article. This article, however, shall continue
as provided until specifically rescinded or amended.
