[Adopted 12-28-2006 by Ord. No. 2006-45]
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.
ABANDONED
An owner or caregiver has forsaken a domesticated cat entirely, or has neglected or refused to provide care and support of the cat.
ANIMAL CONTROL OFFICER
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 this Code.
CAREGIVER
Any person who provides food, water or shelter to or otherwise cares for a cat; a volunteer, uncompensated person who agrees to serve to facilitate the TNR program within the Borough in accordance with this article and any rules and regulations that may be established by the Board of Health. A caregiver shall not be deemed an employee of the Borough and shall hold such volunteer position at the pleasure of the Board of Health and may be removed from or precluded from holding such volunteer position in the sole discretion of the Board of Health.
DOMESTICATED CAT
A cat that is socialized to humans and is appropriate as a companion for humans.
EARTIPPING
Straight-line cutting of the tip of the left ear of a cat while the cat is anesthetized; the marking of a cat's ear through a surgical procedure performed by qualified personnel.
FERAL CAT
A cat that exists in a wild or untamed state, either due to birth or reversion to a wild state from domestication. The usual and consistent temperament of a feral cat is extreme fear and resistance to contact with humans. Feral cats are completely or substantially unsocialized to humans.
FERAL CAT COLONY
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.
FERAL CAT COMMITTEE (FCC)
A committee appointed by the Board of Health to serve as a sponsor of a trap-neuter-return program.
[Added 9-14-2009 by Ord. No. 2009-38]
NUISANCE
Disturbing the peace by:
A. 
Habitually or continually howling, crying or screaming; or
B. 
The habitual and significant destruction, desecration or soiling of property against the wishes of the owner of the property.
OWNER
Any person, firm, corporation, partnership, association, trust, estate, or any other legal entity.
RESCUE GROUP
A 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.
STRAY CAT
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.
SUITABLE SHELTER
Shelter that provides protection from rain, sun, and other elements that is adequate to protect the health of the cat.
TNR
Trap, neuter, and return.
TNR PROGRAM
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.
ZOONOTIC DISEASE
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 under any circumstances abandon a domesticated cat.
[Amended 9-14-2009 by Ord. No. 2009-38]
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. The Board of Health may appoint a committee (Feral Cat Committee) of residents and other interested parties to specifically sponsor feral cat colonies and implement the provisions of this article.
B. 
The Board of Health or Feral Cat Committee (FCC) requirements. It shall be the duty of the Board of Health or Feral Cat Committee 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;
(4) 
Report annually to the Borough of South River on the following:
(a) 
Number of colonies in the Borough;
(b) 
Total number of cats in colonies;
(c) 
Number of cats and kittens spayed and neutered pursuant to the TNR program; and
(d) 
Number of cats and kittens placed in permanent homes;
(5) 
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.
C. 
Each feral cat colony will be registered by the caregivers with either the Board of Health or Feral Cat Committee if one has been formed, which will serve as a clearinghouse for information on current caregivers, education for new caregivers, and assistance for persons found in violation of this article.
D. 
The Board of Health may establish a fund to provide services to offset the costs of trapping, neutering, and vaccinating captured feral cats that can be returned to an appropriate, controlled, protected, and registered colony site. Caregivers for such colonies, whether one or several animals, may be aided by the Board of Health in providing traps for the capture of the cat, transportation to a spay/neuter facility and offsetting costs, to the extent that funding is available.
E. 
The Board of Health may also provide funds to support educational programs related to feral cat populations.
F. 
The Board of Health and/or Feral Cat Committee may apply for grants as available to support TNR programs.
[Amended 9-14-2009 by Ord. No. 2009-38]
A. 
Caregivers are responsible for the following:
(1) 
Registering the feral cat colony with the Board of Heath (BOH) or Feral Cat Committee;
(2) 
Taking steps that are reasonably likely to result in the vaccination of the colony population for rabies (three-year vaccine) and any other infectious disease as mandated by law and making reasonable efforts to update the vaccination on cats that can be recaptured;
(3) 
Taking steps that are reasonably likely to result in the spay/neuter, by a licensed veterinarian, of at least 90% of the colony population;
(4) 
Providing the Board of Health (BOH) or Feral Cat Committee with a description of each cat in the colony and copies of documents evidencing that the cats have been vaccinated and spayed/neutered;
(5) 
Providing food, water, and, if feasible, shelter for colony cats through the year;
(6) 
Observing the colony cats at least twice per week and keeping a record of any illnesses or unusual behavior noticed in any colony cats;
(7) 
Obtaining the approval of the owner of any property to which the caregiver requires access to provide colony care;
(8) 
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;
(9) 
Reporting annually in writing to the Board of Health (BOH) or Feral Cat Committee 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
(10) 
Obtaining proper medical attention to any colony cat that appears to require it; make every attempt to "ear tip" all cats with a single cut preferably on the left ear for each cat in the colony. If this is not practicable under the circumstances, photographic documentation adequate to identify the cat shall be obtained.
B. 
If, for any reason, a caregiver can no longer perform the duties as stated in this section, it shall be the responsibility of that individual to find a replacement caregiver for the colony in question, who will then manage the colony in compliance with this section.
A. 
The left ear of a colony cat that has been spayed or neutered and vaccinated shall be eartipped.
A. 
An Animal Control Officer who has trapped a cat whose left ear has been tipped or which bears some other distinguished mark indicating that it belongs to a feral cat colony shall notify the Board of Health or Feral Cat Committee, as the case may be.
[Amended 9-14-2009 by Ord. No. 2009-38]
B. 
If the caregiver is not able to immediately take custody of the cat, the officer shall transport the cat to the Sayrebrook Veterinary Hospital Animal Shelter. The caregiver shall be responsible for retrieving the cat from the shelter within three business days or advising the shelter if the caregiver does not intend to retrieve the cat.
The Borough shall have the following rights:
A. 
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.
B. 
The right to seize/remove a cat from a colony that is creating a nuisance as defined above after the caregiver has been given 60 days to remove and relocate the cat and has failed to do so.
C. 
The right to seize/remove a colony of cats when the caregiver regularly fails to comply with the requirements of § 108-44.
[Amended 9-14-2009 by Ord. No. 2009-38]
Borough health officers and police officers may investigate any nuisance complaint despite the requirements of this article.
[Added 9-14-2009 by Ord. No. 2009-38]
A. 
Managed feral colonies registered with the Board of Health or Feral Cat Committee shall be exempt from licensing.
B. 
It shall be unlawful to feed feral cats unless they are spayed/neutered and vaccinated in accordance with this article. Animal Control Officers shall be empowered to give warning notices to individuals feeding feral cats outside the guidelines of this article requiring them to contact the Board of Health or Feral Cat Committee, within 30 days, to obtain help getting the cats neutered and vaccinated and otherwise brought into compliance with this article. Failure to make such contact within 30 days and cooperate with the Committee may result in fines of up to $100 per cat.
C. 
It shall be unlawful for any person to actually abuse, threaten to abuse or interfere in any way with the management or operation of any registered feral cat colony.
[Added 9-14-2009 by Ord. No. 2009-38]
Any person, firm or corporation who shall violate any of the provisions of this article shall, upon conviction, be punished as provided in Chapter 1, Article 1, General Penalty, and each violation of any of the provisions of this article and each day the same is violated shall be deemed and taken to be a separate and distinct offense.