[Added 8-9-2021 by Ord.
No. BH-21-002]
For the purpose of this chapter, 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.
To forsake a cat entirely or neglect to provide appropriate
care and support for a cat.
Any person employed or appointed by the Borough who is authorized
to investigate violations of laws and regulations concerning animals,
and to issue citations in accordance with New Jersey law and the Borough
Code.
Any person who provides food, water or shelter to or otherwise
cares for a cat, and who has been appropriately trained as a caregiver.
Hours during the day after dawn until dusk.
[Amended 12-12-2022 by Ord. No. BH-22-001]
A cat that is a companion to a person, is regularly fed and
sheltered in that same person's habitation and carries visible indicia
or ownership, including a collar or tag.
Straight-line cutting of the tip of the left ear of a cat
by a licensed veterinarian while the cat is anesthetized.
A cat that is completely or substantially unsocialized to
humans and is not an owned or licensed cat.
A group of feral or stray cats that congregate together outside
as a unit and share a common food source.
Conduct by feral or stray cats that disturbs the peace or
causes any condition that threatens or endangers the health, safety,
or well-being of persons or other animals, including, but not limited
to:
Habitually or continually howling, crying or screaming;
Molesting or interfering with persons in the public right-of-way;
The habitual and significant destruction, desecration or soiling
of property against the wishes of the owner of the property; or
Attacking or injuring persons or domestic animals.
A cat that is socialized to humans and is not an owned cat.
A structure that provides feral and stray cats with protection
from the sun, cold, rain and other weather-related elements to protect
the health of the cats.
The method of managing feral and stray cats known as "trap,
neuter and return."
A municipal program pursuant to which feral and stray cats
are trapped, neutered or spayed, vaccinated against rabies, ear-tipped,
and returned to the location where they were captured or congregate
by a caretaker in accordance with this chapter.
[Added 8-9-2021 by Ord.
No. BH-21-002]
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 under any circumstances abandon a domesticated cat.
Affirmatively placing a cat at the location of a feral cat colony
on property belonging to another individual or entity shall be considered
abandonment.
[Added 8-9-2021 by Ord.
No. BH-21-002]
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 chapter.
[Added 8-9-2021 by Ord.
No. BH-21-002]
a.
A
person shall be deemed a caretaker if he/she provides food, water
or shelter to a feral cat or cats in their colonies.
b.
Caretakers
are required to feed the cats in their colonies as part of properly
managing the colonies. As part of this requirement, caretakers must:
1.
Feed only during daylight hours;
2.
Feed only the amount of food required by the cats in the colony;
3.
Leave food out for a maximum of one hour per feeding, no more than
twice per day, which shall mean removing all food dishes after each
one-hour feeding;
4.
A bowl or similar small container with fresh water may be left out
at all times; and
5.
Feeding must take place in the location least likely to cause a nuisance
to tenants, neighbors, customers, and the general public.
c.
It
shall be unlawful to feed feral cats who are not spayed/neutered,
ear-tipped and vaccinated in accordance with this chapter, unless
the caregiver is in the process of trying to trap the cats for spay/neuter,
ear-tipping and vaccination. Animal control officer(s) shall be empowered
to give a warning notice to any individual feeding one or more feral
cats not spayed/neutered, ear-tipped and vaccinated in accordance
with this chapter. The warning notice shall require the individual
to contact the animal control officer(s) within 15 days to obtain
assistance in getting the cat(s) spayed/neutered, ear-tipped and vaccinated
in order to be brought into compliance with this chapter. Failure
to make such contact within 15 days and cooperate with the animal
control officer(s) in meeting the requirements of this section will
subject the violator to a maximum fine of $100 per cat, per offense.
[Added 8-9-2021 by Ord.
No. BH-21-002]
It shall be the responsibility of a caretaker to:
a.
Make
reasonable efforts to trap all cats in a registered colony and have
all trapped cats neutered or spayed, vaccinated against rabies and
ear-tipped by a licensed veterinarian, as deemed medically necessary;
b.
Keep
and maintain vaccination, neuter/spay, and medical records for all
trapped cats and provide the Borough with copies of vaccination and
neuter/spay records for all trapped cats upon request;
c.
Provide
adequate food and water on a regular basis to colony cats and make
reasonable efforts to ensure suitable shelter for colony cats;
d.
Obtain
proper medical attention for any colony cat that appears to require
it;
e.
Make
reasonable efforts to remove and place stray cats and kittens born
to colony cats after they have been weaned in homes, foster homes,
or with animal shelters, rescue organizations or veterinary offices
for the purpose of subsequent permanent placement;
f.
Make
reasonable efforts to work with the Moonachie Health Department via
the animal control officer(s) to resolve any complaints over the conduct
of the caretaker or of colony cats managed by the caretaker.
[Added 8-9-2021 by Ord.
No. BH-21-002]
a.
If
an animal control officer determines that a feral colony cat is causing
a nuisance as defined by this chapter, or state law, the caretaker
must begin nuisance abatement procedures within 48 hours after being
notified of a nuisance by the Borough and must take all reasonable
steps to resolve the nuisance in as short a time period as possible,
not to exceed 30 days.
b.
The
Borough reserves the right to issue a summons up to $500 if a caretaker
fails to prevent a nuisance within 30 days or face further action.
[Added 8-9-2021 by Ord.
No. BH-21-002]
a.
The
Borough and/or animal control officer retain the right to:
1.
Seize or remove any cat from a colony that is demonstrating signs
of rabies and is not up to date with rabies vaccinations.
2.
Investigate any nuisance complaint allegedly caused by a feral or
stray cat or feral cat colony.
3.
Seize or remove a cat from a colony creating a nuisance as defined
by this chapter or state law, after the caretaker has been given 30
days to abate the nuisance or remove the cat and has failed to do
so.
4.
Seize and remove a registered feral cat colony if the caretaker regularly
fails to comply with the requirements of this chapter and does not
correct the situation within 30 days of being given written notice
by the Borough delineating the caretaker's failures with specificity.
b.
The
requirements of this section notwithstanding, animal control officer(s)
may investigate any nuisance complaint. If an animal control officer
determines that an ear-tipped feral colony cat is causing a nuisance
as defined by this chapter and the caretaker fails to resolve the
nuisance or remove the cat within 30 days, the animal control officer
may remove the cat. If an animal control officer reasonably determines
that a cat is injured or poses a significant threat to public health,
the officer may reduce the time that the caretaker has to resolve
the complaint, as necessary to protect the cat and public health,
before taking further action. In the case of an emergency, the animal
control officer or a law enforcement officer may remove the cat, but
within 24 hours the Borough must provide the caretaker with notice
of the cat's whereabouts and allow the caretaker an opportunity to
retrieve the cat for treatment, return, or relocation.
[Added 8-9-2021 by Ord.
No. BH-21-002]
Any person who knowingly releases any domestic or nonspayed
or nonneutered cat into the community shall be in violation of this
chapter and upon conviction thereof, for each offense, pay a penalty
of not less than $100 or more than $1,250 and/or community service
for a period not exceeding 90 days, in the discretion of the Municipal
Court.
