CHAPTER 5  ANIMAL CONTROL

 

Dogs

5-1                 LICENSING.

5-1.1             Definitions.

5-1.2             License and Vaccination Required.

5-1.3             Annual Licensing; Registration Tags.

5-1.4             Fees; Exemptions.

5-1.5             Newly Acquired Dogs; Application for License Required.

5-1.6             Application Information Required.

5-1.7             Dogs from Other States.

5-1.8             Removal of Tags Restricted.

5-1.9             Disposition of Moneys Collected.

5-2                 CONTROL OF DOGS.

5-2.1             Running at Large Prohibited.

5-2.2             Leashing Requirements.

5-2.3             Property Damage Prohibited.

5-2.4             Soiling and Defiling Public or Private Property; Responsibility to Remove.

5-2.5             Howling and Barking Restricted.

5-3                 DOGS ON BEACHES, BOARDWALK, PUBLIC PARKS, PLAYGROUNDS.

5-3.1             Restricted Use.

5-3.2             Enforcement.

5-3.3             Violations and Penalties.

5-4—

5-7                 RESERVED.

Cats

5-8                 DEFINITIONS.

5-9                 VACCINATIONS AND LICENSING.

5-9.1             Vaccinations Required.

5-9.2             License Required.

5-10              PROPERTY DAMAGE BY CATS.

5-10.1          Property Damage.

5-10.2          Soiling and Defilement on Public or Private Property.

5-10.3          Revocation of License; Compliance.

5-11              PROHIBIT FEEDING OF UNCONFINED WILDLIFE IN ANY PUBLIC PARK OR ON ANY OTHER PROPERTY OWNED OR OPERATED BY THE MUNICIPALITY.

5-11.1          Purpose.

5-11.2          Definitions.

5-11.3          Prohibited Conduct.

5-11.4          Enforcement:

5-11.5          Violations and Penalties.

5-12              SALE OF DOGS AND CATS.

5-12.1          Definitions.

5-12.2          Prohibition.

5-12.3          Violations and Penalties.

5-13           PERMITTING THE MANAGED CARE OF FREE-ROAMING CATS.

5-13.1        Definitions.

5-13.2        Responsibilities of Owners of Domesticated Cats.

5-13.3        Feral Cat Colonies.

5-13.4        Enforcement.

5-13.5        Study and Review.

 

 

Dogs

 

5-1      LICENSING.

 

5-1.1    Definitions.

   As used in this section:

Dog shall mean any dog, bitch or spayed bitch.

Dog of licensing age shall mean any dog which has attained the age of seven (7) months or which possesses a set of permanent teeth.

Owner when applied to the proprietorship of a dog, shall include every person having a right of property in such dog and every person who has such dog in his keeping.

(1972 Code § 59-1)

 

5-1.2    License and Vaccination Required.

   No person shall keep or harbor any dog within the Borough without first obtaining a license therefor, to be issued by the Municipal Clerk upon application by the owner and payment of the prescribed fee and no person shall keep or harbor any dog within the Borough except in compliance with the provisions of this chapter. (1972 Code § 59-2)

 

5-1.3    Annual Licensing; Registration Tags.

   Any person who shall own, keep or harbor a dog of licensing age shall, in the month of January, apply for and procure from the Municipal Clerk a license and official registration tag for each such dog so owned, kept or harbored, and shall place upon each such dog a collar or harness with the registration tag securely fastened thereto. (1972 Code § 59-3)

 

5-1.4    Fees; Exemptions.

a.     All persons applying for licenses and registration tags shall pay an annual fee as stated in Chapter 16, Fees for each spayed dog and the fee as stated in Chapter 16, Fees, for each nonspayed dog to be licensed, which fee shall include the license fee, clinic fee, registration fee and cost of tags to be issued for each dog. All licenses and registration tags, and renewals thereof, shall expire on the first day of January of each year. In the event a license and registration tag is not obtained by January 31, a late fee as stated in Chapter 16, Fees, will be imposed.

b.     Only one (1) license and registration tag shall be required in any licensing year for any dog owned in New Jersey, and such license and tag shall be accepted by the Borough as compliance with this section.

c.     Dogs used as guides for blind persons, commonly known as "Seeing Eye" dogs, shall be licensed and registered as other dogs hereinabove provided for, except that the owner or keeper of such dog shall not be required to pay any fee therefor.

d.     Duplicate license fee as stated in Chapter 16, Fees.

(1972 Code § 59-4; Ord. No. 921; Ord. No. 1218; Ord. No. 1259; Ord. No. 1504-90; Ord. No. 2018-07 § 1; Ord. No. 2180-15)

 

5-1.5    Newly Acquired Dogs; Application for License Required.

   The owner of any newly acquired dog of licensing age or of any dog which attains licensing age shall make application for license and registration tag for such dog within ten (10) days after such acquisition or age attainment. (1972 Code § 59-5)

 

5-1.6    Application Information Required.

   The application shall state the breed, sex, age, color and markings of the dog for which license and registration are sought, and whether it is of a long or short-haired variety; also the name, street and post office address of the owner and the person who shall keep or harbor such dog and proof of rabies vaccination. The information on the application and the registration number issued for the dog shall be preserved for a period of three (3) years by the Clerk or other local official designated to license dogs in the Borough. In addition he/she shall forward to the State Department of Health each month, on forms furnished by the State Department, an accurate account of registration numbers issued or otherwise disposed of. Registration numbers shall be issued in the order of the applications. (1972 Code § 59-6)

 

5-1.7    Dogs from Other States.

a.     Any person who shall bring or cause to be brought into the Borough any dog licensed in another state for the current year and bearing a registration tag, and shall keep the same or permit the same to be kept within the Borough for a period of more than ninety (90) days, shall immediately apply for a license and registration tag for each such dog.

b.     Any person who shall bring or cause to be brought into the Borough any unlicensed dog and shall keep the same or permit the same to be kept within the Borough limits for a period of more than ten (10) days shall immediately apply for a license and registration tag for each such dog.

        (1972 Code § 59-7)

 

5-1.8    Removal of Tags Restricted.

   No person, except an officer in the performance of his duties, shall remove a registration tag from the collar of any dog without the consent of the owner, nor shall any person attach a registration tag to a dog for which it was not issued. (1972 Code § 59-8)

 

5-1.9    Disposition of Moneys Collected.

   License fees and other moneys collected or received under the provisions of this section shall be forwarded to the Treasurer of the Borough within thirty (30) days after collection or receipt and shall be placed in a special account separate from any of the other accounts of the Borough and which shall be used for the following purposes only: for collecting, keeping and disposing of dogs liable to seizure under this section; for local prevention and control of rabies; for providing antirabic treatment under the direction of the Borough Council for any person known or suspected to have been exposed to rabies; for all other purposes prescribed by the statutes of New Jersey governing the subject, and for administering the provisions of this section. Any unexpended balance remaining in such special account shall be retained therein until the end of the third fiscal year following, and may be used for any of the purposes set forth in this subsection. At the end of the third fiscal year following, and at the end of each fiscal year thereafter, there shall be transferred from such special account to the general funds of the Borough any amount then in such account which is in excess of the total amount paid into the special account during the last two (2) fiscal years next preceding.  (1972 Code § 59-9)

 

 

5-2    CONTROL OF DOGS.

 

5-2.1    Running at Large Prohibited.

   No person owning, keeping or harboring any dog shall suffer or permit it to run at large upon the public streets or in any public park or in any public building, or in any other public place within the Borough. (1972 Code § 59-11)

 

5-2.2    Leashing Requirements.

   No person owning, keeping or harboring any dog shall suffer or permit it to be upon the public streets or in any of the public places of the Borough unless such dog is securely confined and controlled by an adequate leash. (1972 Code § 59-12)

 

5-2.3    Property Damage Prohibited.

   No person owning, keeping, harboring, walking or in charge of any dog shall cause, suffer, permit or allow such dog to do any injury or to do any damage to any lawn, shrubbery, flowers, grounds or property of persons in the Borough other than the owner or person having the care, custody or control of such dog. (1972 Code § 59-13; Ord. No. 887)

 

5-2.4    Soiling and Defiling Public or Private Property; Responsibility to Remove.

   No person owning, harboring, keeping, walking or in charge of any dog shall cause, suffer, permit or allow such dog to soil, defile, defecate on or commit any nuisance on any common thoroughfare, street, sidewalk, passageway, road, bypath, play area, park or any place where people congregate or walk or upon any boardwalk, beach or beachfront in this Borough, or upon any public property whatsoever, or upon any private property without the permission of the owner of the private property in the last instance. If any such person shall permit such dog to soil, defile, defecate on or commit any nuisance on the areas aforesaid, he or she shall immediately remove all feces and droppings deposited by such dog, which removal shall be in a sanitary manner by shovel, container, disposal bag, etc., and the feces and droppings shall be removed by the person from the aforesaid designated areas and disposed of by the person in a sanitary manner.   (1972 Code § 59-14; Ord. No. 887)

 

5-2.5    Howling and Barking Restricted.

   No person shall own, keep, possess or harbor any dog which by frequent or habitual howling, barking or other noisemaking causes a noise disturbance. The provisions of this restriction shall also apply to all private or public facilities, including any animal or dog pound, which holds or treats dogs.  A barking dog is defined as a dog barking continuously for ten (10) minutes or intermittently for thirty (30) minutes. (1972 Code § 59-15; Ord. No. 1504-90; Ord. No. 1670-95)

 

 

5-3      DOGS ON BEACHES, BOARDWALK, PUBLIC PARKS, PLAYGROUNDS.*

 

*Editor's Note:  For additional regulations concerning parks and recreation areas, see Chapter 10. For additional regulations concerning beaches, see Chapter 12.

 

5-3.1    Restricted Use.

a.     No dog shall be allowed upon the boardwalk or its approaches maintained by the Borough east of First Avenue, or upon the beach east of the boardwalk, whether the dog be on a leash or otherwise during the period between April 1st and October 31st. The owner of any dog under the control of a leash may utilize the beach east of the boardwalk, and the approaches and boardwalk for access only, between November 1st and March 31st.

b.     Dogs are prohibited at all times from public parks and playgrounds.

        (1972 Code § 59-17; Ord. No. 874; Ord. No. 1593-93)

 

5-3.2    Enforcement.

   This section shall be enforced by the Police Department, Zoning Officer, Code Enforcement Officer of the Borough of Manasquan, or the Animal Control Officer/Entity contracted with the Borough of Manasquan. (Ord. No. 2110-12 § 1)

 

5-3.3    Violations and Penalties.

   Any person who violates this section or fails to comply with any of its requirements shall, upon conviction of a first offense thereof, be subject to a fine in the amount of one hundred fifty ($150.00) dollars. Any violator convicted of a second or subsequent offense under this section shall be subject to a fine in the amount of three hundred ($300.00) dollars.  (Ord. No. 2089-11 § 1; Ord. No. 2110-12 § 2)

 

 

5-4 - 5-7    RESERVED.

 

 

Cats

 

5-8    DEFINITIONS.

   As used in Sections 5-8 through 5-10:

Animal shall mean dog or cat.

Animal control authority shall mean any person or agency designated or certified by the State of New Jersey to enforce the provisions of this chapter.

Cat shall mean any member of the domestic feline species; male, female, or altered.

Cat of licensing age shall mean any cat which has attained the age of seven (7) months or which possesses a set of permanent teeth.

Cattery shall mean any room or group of rooms, cage, or exhibition pen, not part of a kennel, wherein cats for sale are kept or displayed.

Licensing authority shall mean the agency or department of the Borough or any designated representative thereof charged with administering the issuance and/or revocation of permits and licenses under the provisions of Section 5-8 through Section 5-10.

Neutered shall mean rendered permanently incapable of reproduction as certified by a licensed veterinarian.

Owner when applied to the proprietorship of a cat shall include every person having a right of property (or custody) in such cat and every person who has such cat in his/her keeping, or who harbors or maintains a cat or knowingly permits a cat to remain on or about any premises occupied by that person.

Person shall mean any individual, corporation, partnership, organization, or institution commonly recognized by law as a unit.

(1972 Code § 71-1)

 

 

5-9      VACCINATIONS AND LICENSING.

 

5-9.1    Vaccinations Required.

a.      Vaccination and License Requirements.  No person shall own, keep, harbor, or maintain any cat over seven (7) months of age within the Borough, unless such cat is vaccinated and licensed. The provisions of this subsection do not apply to cats held in a cattery, or those held by a State or Federal licensed research facility, or a veterinary establishment where cats are received or kept for diagnostic, medical, surgical, or other treatments, or licensed animal shelters, pounds, kennels, or pet shops.

b.      Vaccination.  All cats shall be vaccinated against rabies by a licensed veterinarian in accordance with the latest "Compendium of Animal Rabies Vaccines and Recommendations for Immunization" published by the National Association of State Public Health Veterinarians, except as provided for in paragraph d.

c.       Vaccination Certificate.  A certificate of vaccination shall be issued to the owner of each animal vaccinated on a form recommended by the State.

d.      Exemptions.  Any cat may be exempted from the requirements of such vaccination for a specified period of time by the local Board of Health, upon presentation of a veterinarian's certificate stating that because of an infirmity or other physical condition, or regimen of therapy, the inoculation of such cat shall be deemed inadvisable.

(1972 Code § 71-2)

 

5-9.2    License Required.

a.      Annual Licensing; Registration Tags. Any person who shall own, keep or harbor a cat of licensing age shall, in the month of January, apply for and procure from the Municipal Clerk a license and official registration tag for each such cat owned, kept or harbored, and shall place upon each such cat a collar or harness with the registration tag securely fastened thereto.

b.      Fees; Exemptions.  All persons applying for licenses and registration tags shall pay an annual fee as stated in Chapter 16, Fees for each spayed cat and the fee as stated in Chapter 16, Fees, for each nonspayed cat to be licensed, which fee shall include the license fee, clinic fee, registration fee and costs of tags to be issued for each cat.  All licenses and registration tags, and renewals thereof, shall expire on the first day of January of each year.  In the event a license and registration tag is not obtained by January 31, a late fee as stated in Chapter 16, Fees, will be imposed.

         Only one (1) license and registration tag shall be required in any licensing year for any cat owned in New Jersey, and such licenses and tag shall be accepted by the Borough as compliance with this section.

         Duplicate license fees as stated in Chapter 16, Fees.

c.       Newly Acquired Cats; Application for License Required.  The owner of any newly acquired cat of licensing age or any cat which attains licensing age shall make application for license and registration tag for such cat within ten (10) days after such acquisition or age attainment.

d.      Application Information Required.  The application shall state the breed, sex, age, color and markings of the cat for which license and registration are sought, and whether it is of a long or shorthaired variety; also the name, street, and post office address of the owner, and the person who shall keep or harbor such cat and proof of rabies vaccination.  The information on the application and the registration number issued for the cat shall be preserved for a period of three (3) years by the Clerk or other local official designated to license cats in the Borough.  In addition he/she shall forward to the State Department of Health each month, on forms furnished by the State Department, an accurate account of registration numbers issued or otherwise disposed of.  Registration numbers shall be issued in the order of the applications.

e.      Cats from Other States.  Any person who shall bring or cause to be brought into the Borough any cat licensed in another state for the current year and bearing a registration tag, and shall keep the same or permit the same to be kept within the Borough for a period of more than ninety (90) days, shall immediately apply for a license and registration tag for each such cat.

         Any person who shall cause to be brought into the Borough an unlicensed cat of licensing age and shall keep the same or permit the same to be kept within the Borough limits for a period of more than ten (10) days shall immediately apply for a license and registration tag for each such cat.

f.       Removal of Tags Restricted.  No person, except an officer in the performance of his duties, shall remove a registration tag from the collar of any cat without the consent of the owner, nor shall any person attach a registration tag to a cat for which it was not issued.

g.      Disposition of Moneys Collected.  License fees and other moneys collected or received under the provisions of this section shall be forwarded to the Treasurer of the Borough and shall be placed in a special account separate from any of the other accounts of the Borough and shall be used for the following purposes only: collecting, keeping and disposing of cats liable to seizure under this section; for local prevention and control of rabies; for providing antirabic treatment under the direction of the Borough Council for any person known or suspected to have been exposed to rabies; for all other purposes prescribed by the statutes of New Jersey governing the subject; and for administering the provisions of this section.  Any unexpended balance remaining in such special account shall be retained therein until the end of the third fiscal year following, and at the end of each fiscal year thereafter, there shall be transferred from such special account to the general funds of the Borough any amount then in such account which is in excess of the total amount paid into the special account during the last two (2) fiscal years next preceding.

(1972 Code § 71-3; Ord. No. 1962-05 § 1; Ord. No. 2180-15; Ord. No. 2216-2016)

 

 

5-10  PROPERTY DAMAGE BY CATS.

 

5-10.1  Property Damage.

   No person owning, keeping, harboring, walking or in charge of any cat shall cause, suffer, permit or allow such cat to do any injury or to do any damage to any lawn, shrubbery, flowers, grounds or property of persons in the Borough other than the property of the owner or person having the care, custody or control of such cat. (Ord. No. 1707-96 § 2)

 

5-10.2  Soiling and Defilement on Public or Private Property.

   No person owning, harboring, keeping, walking or in charge of any cat shall cause, suffer, permit or allow such cat to soil, defile, defecate on or commit any nuisance on any common thoroughfare, street, sidewalk, passageway, road, bypath, play area, park or any place where people congregate or walk upon any boardwalk, beach or beachfront in the Borough, or upon any public property whatsoever, or upon any private property without the permission of the owner of such private property. (Ord. No. 1707-96 § 3)

 

5-10.3  Revocation of License; Compliance.

   The Borough may revoke a license if the person holding the license refuses or fails to comply with this section, or fails to maintain the quarters where cats are kept in a clean and sanitary condition so as not to create a health hazard or disturbance by reason of noise, odor or other cause, the regulations promulgated by the local Board of Health, the Borough or any State or local law governing cruelty to animals or the keeping of animals. (Ord. No. 1707-96 § 4)

 

 

5-11  PROHIBIT FEEDING OF UNCONFINED WILDLIFE IN ANY PUBLIC OR PARK OR ON ANY OTHER PROPERTY OWNED OR OPERATED BY THE MUNICIPALITY.

 

5-11.1   Purpose.

   The purpose of this section is to prohibit the feeding of unconfined wildlife in any public park or on any other property owned, operated or controlled by the Borough of Manasquan, so as to protect public health, safety and welfare, and to prescribe penalties for failure to comply. (Ord. No. 2026-08)

 

5-11.2  Definitions.

   For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.

Feed shall mean to give, place, expose, deposit, distribute or scatter any edible material with the intention of feeding, attracting or enticing wildlife. Feeding does not include baiting in the legal taking of fish and/or game.

Person shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.

Wildlife shall mean all animals that are neither human nor domesticated.

(Ord. No. 2026-08)

 

5-11.3  Prohibited Conduct.

    No person shall feed, in any public park or on any other property owned, operated or controlled by the Borough of Manasquan, any wildlife, excluding confined wildlife (for example, wildlife confined in zoos, parks or rehabilitation centers, or unconfined wildlife at environmental education centers). (Ord. No. 2026-08)

 

5-11.4  Enforcement:

a.     This section shall be enforced by the Police Department, Zoning Officer or Code Enforcement Officer of the Borough of Manasquan.

b.     Any person found to be in violation of this section shall be ordered to cease the feeding immediately.

        (Ord. No. 2026-08)

 

5-11.5  Violations and Penalties.

   Any person who violates this section or fails to comply with any of its requirements shall, upon conviction thereof, be subject to the maximum fines and penalties established under N.J.S.A. 40:49-5 and as same may be amended from time to time. Each and every day a violation of this section shall exist shall constitute a separate violation. (Ord. No. 2026-08)

 

 

5-12    SALE OF DOGS AND CATS.

 

5-12.1  Definitions.

Pet shop or pet store shall mean a retail establishment open to the public wherein animals, including, but not limited to, dogs or cats, are kept or displayed chiefly for the purpose of sale to individuals for personal appreciation and companionship rather than for business or research purposes.

Pet shop operator or pet store operator shall mean a person who owns or operates a pet store, or both.

Pound shall mean an establishment for the confinement of dogs or other animals seized either under the provisions of N.J.S.A. 4:19-15.1 et seq. or otherwise.

Shelter shall mean any establishment where dogs or other animals are received, housed and distributed.

(Ord. No. 2121-12)

 

5-12.2  Prohibition.

   No pet shop or pet shop operator shall sell, offer for sale, barter, auction, breed or otherwise dispose of dogs, cats or both in the Borough of Manasquan.  Nothing contained herein shall prohibit a shelter, pound or other establishment from keeping, displaying, selling or otherwise transferring any dog, cat or both that has been seized, rescued or donated.

(Ord. No. 2121-12)

 

5-12.3  Violations and Penalties.

a.     Any person who violates, fails or refuses to comply with the provisions of this section shall be subject to a fine of not more than two thousand ($2,000.00) dollars for each separate offense or confinement in the Monmouth County Jail for a period of not more than ninety (90) days or community service for a period of not more than ninety (90) days or any combination of fine, imprisonment and/or community service as determined at the discretion of the Municipal Court Judge.  The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be subject to penalties as provided herein for each separate offense.

b.     The violation of any one or more provisions of this section shall be subject to abatement, summarily by a restraining order or by injunction issued by a court of competent jurisdiction.

(Ord. No. 2121-12)

 

5-13    PERMITTING THE MANAGED CARE OF FREE-ROAMING CATS.

 

5-13.1  Definitions.

      For the purpose of this section, 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 means that an owner or caregiver has forsaken a domesticated cat entirely, or has neglected or refused to provide care and support to the cat.

Animal Control Officer means a 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 means any person who provides food, water or shelter to or otherwise cares for a cat.

Ear Marked means a tagged, notched or tipped left ear as performed by a licensed veterinarian.

Feral Cat Colony means a group of cats that congregates, more or less, together as a unit.  Although not every cat in a colony may be feral, any non-feral cats that congregate with a colony shall be deemed to be a part of it.

Feral Domesticated Cat means a cat that is not socialized to humans and is not appropriate as an inside companion for humans.

Friendly Domesticated Cat means a cat that is socialized to humans and is appropriate as a companion for humans.

Managed Cat Colony – Spaying and neutering the cats to stabilize the population of the feral cat colony.

Nuisance means 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 means any person, firm, corporation, partnership, association, trust, estate, or any other legal entity.

Rescue Group is 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 means 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 means shelter that provides protection from rain, sun, and other elements that is adequate to protect the health of the cat.

TNR means Trap, Neuter and Return.

TNR Program means 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 means those diseases transmittable to humans from animals, including parasitic, bacterial, fungal and viral diseases.

(Ord. No. 2261-18)

 

5-13.2  Responsibilities of Owners of Domesticated Cats.

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 and shall be subject to the provisions in Section 5-10 Property Damage by Cats in the Borough of Manasquan Code.

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.

(Ord. No. 2261-18)

 

5-13.3  Feral Cat Colonies.

a.      Feral cat colonies shall be permitted and caregivers shall be entitled to maintain them in accordance with the terms and conditions of this section.

b.      Sponsorship of Colony TNR Programs.

         The Monmouth County Associated Humane Societies is approved as Sponsor.  Other persons may apply to the Borough to serve as colony TNR Program sponsors.  Any person or entity so applying shall comply with the requirements of this section for sponsors and execute an Associated Humane Societies approved sponsor contract.  Any person intending to undertake the responsibilities of sponsor shall advise the Associated Humane Societies in writing and provide his/her/its address and telephone number.

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 with 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 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

(d)     Number of cats and kittens spaced in permanent homes

5.      Register feral cat colonies;

6.      Equally responsible with that of the Animal Control Officer for humanely capturing, trapping, neutering, vaccinating, identifying and spaying or neutering feral cats.

7.      Sponsor shall obtain and maintain liability insurance in the minimum amount of five hundred thousand ($500,000.00) dollars for all activities, action and work performed pursuant to this section and the laws of this state, naming the Borough of Manasquan as an additional named insured, providing an annual copy of the declaration of insurance and proof of payment of same.

8.      Sponsor shall agree to forever defend, protect, indemnify and hold harmless the Borough of Manasquan, 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 TNR Program for the first year of program. 

d.      Feral Cat Caregiver Requirements.

         Caregivers are responsible for the following:

1.      Registering as a feral cat caregiver with the sponsor and the Borough;

2.      Registering the feral cat colony with the sponsor;

3.      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;

4.      Taking steps that are reasonably likely to further the objective of the spay/neuter of at least ninety percent (90%) of the colony population;

5.      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;

6.      Providing food, water and, if feasible, shelter for colony cats;

7.      Feed cat colony on a schedule approved by sponsor and return to location within two (2) hours to clean and maintain area as required;

8.      Observing the colony cats at least twice per week and keeping a record of any illnesses or unusual behavior noticed in any colony cats;

9.      Obtaining the approval, in writing, of the owner of any property, to which the caregiver requires access to provide colony cats;

10.     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;

11.     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;

12.     Obtaining proper medical attention to any colony cat that appears to require it;

13.     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 immediately.

2.      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 an owned 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 (7) day holding period.

g.      Requirements in General.

1.      Unless you are a registered caregiver, it is prohibited to feed feral cats and/or leave food outdoors on any property within the Borough.

2.      It shall be the responsibility of all residents of Manasquan 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 Non-Game Species Conservation Act, N.J.S.A. 23:2A-1, et seq. and pursuing the actions allowed by this section.

h.      Registration of Feral Cat Colonies.

1.      The sponsor shall register feral cat colonies maintained by approved caregivers.  Feral cat colonies with the Borough that are not registered by the sponsor are not entitled to any benefits or protections set forth in this section.  No colonies may be established except in accordance with this section.  On an annual basis the sponsor shall provide the Borough of Manasquan with a colony management plan for the Borough 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 Borough Manager.

(Ord. No. 2261-18)

 

5-13.4  Enforcement.

a.      The Borough 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 thirty (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 sponsor has not been able to obtain a replacement or substitute caregiver within thirty (30) days of the Borough’s notice to the sponsor of the caregiver’s failure to comply with this section.

b.      Nuisance Complaints.

1.      The requirements of this section notwithstanding, Animal Control Officers, Code Enforcement Officers and Police Officers may investigate any nuisance complaint.

2.      The provisions of sections 5-1 through 5-9 as well as the provisions of sections 5-10 through 5-10.3 remain in full force and effect and are not to be superseded by the aforesaid provisions.  If there is any conflict between this section and the aforesaid ordinance, the ordinances are to be read in concert as they are consistent with protecting the public health, safety and general welfare of the Borough. 

(Ord. No. 2261-18)

 

5-13.5  Study and Review.

      Not later than December 31, 2018, the Borough of Manasquan shall study the effectiveness of the TNR program and review the continuance of this section.  This section however shall continue as provided until specifically rescinded or amended. (Ord. No. 2261-18)

 

 

CHAPTER 5 ANIMAL CONTROL
Published by ClerkBase
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