Sample Legislation: Regulation of Cats

[Adopted 12-19-1990 by Ord. No. BH90-1 (Ch. BH:VIII of the Revised General Ordinances); readopted at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

§ 40-13. Definitions.

As used in this article, the following terms shall have the meanings indicated:

ANIMAL — For the purpose of this article, dog or cat.

ANIMAL CONTROL AUTHORITY — Any person or agency designated or certified by the Township of West Windsor to enforce the provisions of this article.

CAT — Any member of the domestic feline species; male, female or altered.

CAT OF LICENSING AGE — Any cat which has attained the age of seven months or which possesses a set of permanent teeth.

CATTERY — 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 — The Health Officer of the Township of West Windsor or any designated representative thereof charged with administering the issuance and/or revocation of permits and licenses under the provisions of this article.

NEUTERED — Rendered permanently incapable of reproduction as certified by a licensed veterinarian.

OWNER — When applied to the proprietorship of a cat, 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 — Any individual, corporation, partnership, organization or institution commonly recognized by law as a unit.

§ 40-14. Rabies vaccination.

1. Vaccination and license requirements. No person shall own, keep, harbor or maintain any cat over seven months of age within West Windsor Township unless such cat is vaccinated and licensed. The provisions of this section 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.

    

2. 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 Subsection D.

    

3. Vaccination certificate. A certificate of vaccination shall be issued to the owner of each animal vaccinated, on a form recommended by the state.

    

4. Exemptions. Any cat may be exempted from the requirements of such vaccination for a specified period of time by the West Windsor Health Officer 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.

§ 40-15. Licensing requirements; fees. 

1. Cats must have license number displayed. Any person who shall own, keep or harbor a cat of licensing age shall annually apply for and procure from the licensing authority a license and official registration tag with license number or a registration sleeve for each cat so owned, kept or harbored and shall place upon such cat a collar or other device with the license number securely fastened or displayed thereto. Acceptable methods of displaying the license number shall include, but are not limited to, breakaway or elastic collars, ear tags or tattoos located on the ear. License tags or sleeves are not transferable.

    

2. Time for applying for license. The owner of any newly acquired cat of licensing age or of any cat which attains licensing age shall make application for a license tag or sleeve for such cat within 10 days after such acquisition or age attainment. This requirement will not apply to a nonresident keeping a cat within West Windsor Township for no longer than 90 days.

    

3. Cats brought into jurisdiction.

    

   1. Any person who shall bring or cause to be brought into West Windsor Township any cat licensed in another state for the current year and bearing a registration tag or sleeve and shall keep the same or permit the same to be kept within the Township of West Windsor for a period of more than 90 days shall immediately apply for a license and registration tag or sleeve for each such cat.

       

   2. Any person who shall bring or cause to be brought into the Township of West Windsor any unlicensed cat and shall keep the same or permit the same to be kept within the township for a period of more than 10 days shall immediately apply for a license and registration tag or sleeve for each such cat.
4. Application; contents; preservation of information. The application shall state the breed, sex, age, color and markings of the cat for which a license and registration are sought and whether it is of a longhaired or shorthaired variety; the name, street and post office address of the owner; and the person who shall keep or harbor such cat. The information on said application and the registration number issued for the cat shall be preserved for a period of three years by the local official designated to license cats in the municipality.

    

5. License forms and tags. License forms and official tags or sleeves shall be furnished by the municipality and shall be numbered serially and shall bear the year of issuance and the name of the municipality.

    

6. Evidence of inoculation with rabies vaccine or certification of exemption; requirement for license. The Health Officer (or designee) shall not grant any such license and official registration tag or sleeve for any cat unless the owner has registered the cat and the cat has been inoculated with a rabies vaccine of a type approved by and administered in accordance with the recommendations of the United States Department of Agriculture and the United States Department of Human Services or has been certified exempt as provided by § 40-14D of this article. The rabies inoculation shall be administered by a duly licensed veterinarian or by such other veterinarian permitted by law to do the same.

    

7. License fee schedule. See Chapter 82, Fees.

    

8. License and registration tags required. Any person who shall own, keep or harbor a cat of licensing age shall annually, in the month of April, apply for and procure from the Health Officer a license and official metal 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.

    

9. Fees; renewals; expiration date of license.

    

   1. Licenses from another municipality shall be accepted. The person applying for the license and registration tag and/or sleeve shall pay the fee fixed or authorized. The fee for the renewal of a license and registration tag or sleeve shall be the same as for the original, and said license, registration tag or sleeve and renewal thereof shall expire on April 30, in the following year.

       

   2. Only one license and registration tag or sleeve shall be required in the licensing year for any cat in the Township of West Windsor. Any valid New Jersey license tag or sleeve issued by a New Jersey municipality shall be accepted by this municipality as evidence of compliance.
10. Loss of license. If a license tag or sleeve has been misplaced or lost, the licensing authority may issue a duplicate license and/or registration sleeve for that particular cat at a fee as set forth in Chapter 82, Fees.

     

11. Proof of licensing. Proof of licensing shall be produced by any person owning, keeping, maintaining or harboring a cat upon the request of any health official, police officer, Animal Control Officer or other authorized person.

     

12. Interfering with persons performing duties under this article. No person shall hinder, molest or interfere with anyone authorized or empowered to perform any duty under this article.

     

13. Disposition of fees collected. License fees and other money collected or received under the provisions of this article shall be forwarded to the Treasurer of the municipality and shall be deposited according to statute in the general fund of the township.

§ 40-16. Violations and penalties.

Except as otherwise provided in this article, any person who violates or who fails or refuses to comply with this article shall be liable to a penalty as provided in Chapter 1, General Provisions, Article II, Penalty, § 1-4, to be recovered by and in the name of the Township of West Windsor.

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Chapter 16
CATS

[HISTORY: Adopted by the Town Board of the Town of Johnstown 10-20-2003 by L.L. No. 1-2003. Amendments noted where applicable.]

§ 16-1. Purpose.

Cats in the Town of Johnstown have in some instances been allowed to roam free on property of others and are causing annoyance and damage to the persons and properties of others; therefore, the Town Board of the Town of Johnstown enacts the following chapter to protect the health, safety and property of others from annoyance and damage caused by cats and to establish the responsibility and liability of cat owners arising from the conduct of their pets.

§ 16-2. Title.

The title of this chapter shall be "Cat Control."

§ 16-3. Definitions.

As used in this chapter, the following words shall have the following respective meanings:

ANIMAL CONTROL OFFICER — The person authorized by the Town Board, by resolution, to enforce the provisions of this chapter. The Animal Control Officer shall have all the powers of a constable or other peace officer in the execution of the provisions of this chapter, including the service of a summons, the issuing and serving of an appearance ticket and the service and execution of any other order of process, notwithstanding any provision of the Uniform Justice Court Act.

OWNER — Any person who is an owner of a cat or any person who keeps, harbors or feeds a cat. The owner need not be a resident of the Town of Johnstown, but for a violation to occur, the cat must be within the Town limits of the Town of Johnstown.

§ 16-4. Restricted acts.

It shall be unlawful for any owner of or any person harboring any cat to permit or allow such cat in the Town of Johnstown to:

1. Be vicious or to spray or to defecate in such a way as to cause annoyance to any person other than the owner or person harboring such cat.

    

2. Cause damage or destruction to property or to commit a nuisance upon the premises of a person other than the owner or person harboring such cat.

    

3. Remain in the Town of Johnstown unless vaccinated currently against feline rabies.

§ 16-5. Judicial jurisdiction.

Any Town Justice of the Town of Johnstown shall have jurisdiction to hear all actions and proceedings hereunder and of all prosecutions for the violations of this chapter.

§ 16-6. Complaints.

All complaints concerning alleged violations of this chapter shall be communicated to the Town of Johnstown Animal Control Officer. All such complaints shall be investigated, and it shall be the duty of the Town of Johnstown Animal Control Officer, in the appropriate case, to proceed with civil or criminal enforcement of this chapter or any provision of law pertaining hereto.

§ 16-7. Appearance tickets.

The Animal Control Officer, having reasonable cause to believe that a person has violated this chapter, shall issue and serve upon such person an appearance ticket for such violation.

§ 16-8. Enforcement.

It shall be the duty of the Town of Johnstown Animal Control Officer to enforce the provisions of this chapter and to seize all cats found at large in violation of this chapter or which are ordered seized by a Town Justice.

§ 16-9. Seizure of cats at large; notification and redemption procedures; fees.

1. Any stray or nuisance cat running at large within the limits of the Town shall be subject to seizure and impounding with any incorporated humane society or similar incorporated animal protective association by any peace officer or by the Animal Control Officer.

    

2. Every cat seized shall be humanely fed and cared for until disposition thereof shall be made as herein provided.

    

3. Notice of impounding. The Animal Control Officer shall exercise reasonable diligence to ascertain the owner of the cat and shall give or cause to be given reasonable notice to such owner or an adult member of his or her family that the cat has been seized and will be destroyed unless redeemed within the period herein provided. If notice is personally given, such cat will be held for seven days after the day of notice, during which period the cat may be redeemed by the owner. If notification is done by mail, such cat will be held for nine days from the date of mailing, during which period the cat may be redeemed by the owner.

    

4. Disposal of unredeemed cats. If not redeemed within five days, except in the case of identified cats as set forth in Subsection C above, the owner of the cat shall forfeit all title to the cat, and the cat shall be adopted or humanely destroyed in accordance with Article 7, § 118, Subdivision 7-a, of the Agriculture and Markets Law.

    

5. Enforcement provisions. The Animal Control Officer or any other person or agency designated by the Town, or authorized by law to seize and impound a cat pursuant to the provisions of this chapter shall have the power to seize and impound any cat in violation of any section of this chapter and issue appearance tickets.

    

6. Redemption fees. Any cat seized in accordance with the provisions of this chapter may be redeemed by the owner of the same upon payment of the impoundment fees set forth in Article 7, § 118, Subdivision 4, of the Agriculture and Markets Law and proof of vaccination.

§ 16-10. Limitation of pickup; discontinuance.

The Town of Johnstown reserves the right to pick up those unwanted cats as space is available and to discontinue the service by resolution of the Town Board, if necessary.

§ 16-11. Penalties for offenses.

The first violation of this chapter shall be punishable by a fine of $25; all subsequent violations shall be punishable by a fine of $50.

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Alpha, B. NJ:

Chapter 134

Article III 
Cats

§ 134-27. License required; maximum number of cats and/or dogs permitted.

It shall be unlawful to own, harbor, or maintain a cat of more than six months of age unless the owner thereof or the person harboring or maintaining the same shall obtain and have a valid and subsisting license for such cat. No household shall keep or have in its possession more than a total of three cats and/or dogs of licensing age.

§ 134-28. License fee; term.

The annual license fees for cats over six months of age shall be $4 for neutered cats and $6 for nontenured cats. No license shall be granted for a period exceeding one year, and all licenses shall expire on the first day of January in each year.

§ 134-29. Failure to obtain cat license.

Any person who fails to obtain a cat license in compliance with any of the foregoing provisions of this article shall be subject to a penalty of not less than $5 per month for each month beginning with February of each year until May 1 of said year. If by May 1 of said year any person shall still have failed to obtain a cat license as provided within this article, then a complaint will be made against such person in the Municipal Court, with the fine to be a minimum of $50, together with costs, and not more than $100.

§ 134-30. Rabies vaccination required.

Any person deemed to be the owner of a cat of licensing age must have proof of a valid rabies vaccination which must be good through November 30 of that year. The owner must prove that the animal has been inoculated with a rabies vaccine of a type approved by and administered and repeated at intervals by a duly licensed veterinarian or by such other veterinarian permitted by law to do the same. The Alpha Borough Board of Health shall promulgate regulations providing for the recognized duration of immunity, interval of inoculation, certificate of vaccination, certificate of exemption and such other matters related to this act.

§ 134-31. Issuance of license; tag and bell required.

The Borough Clerk, at the time of issuing such license, shall register such cat as required by law; at the same time he shall furnish to the person procuring such license a certificate thereof and also a metal tag with the number of the license stamped thereon, which said metal tag must be attached to a collar about the neck of the cat at all times when the latter is at large; and there shall also be attached to such collar a small bell which shall be provided by the person procuring the license.

§ 134-32. Running at large.

No person owning, keeping or harboring any cat, either licensed or unlicensed, shall suffer, permit or allow it to run at large off the premises of the owner.

§ 134-33. Seizure of cats without license tag and bell.

Any cat found within the limits of the Borough of Alpha without a collar about his neck, to which there shall be attached the metal license tag and the small bell, both of which are referred to in § 134-31 hereinabove, may be seized and disposed of in accordance with the provisions of this article.

§ 134-34. Impoundment; Animal Control Officer.

From time to time, the Mayor and Council may provide or otherwise designate a pound to which cats seized under the provisions of this article shall be taken; and from time to time the Mayor and Council may appoint and employ a person to be designated "Animal Control Officer," whose duty it shall be to seize, to impound and to otherwise dispose of in accordance with the provisions of this article all cats which are unlicensed, which are not wearing a collar, a license tag and a bell as hereinabove required and which are found running at large within the boundaries of this Borough.

§ 134-35. Reclaiming of impounded cats.

The owner or any person having lawful custody of any cat which shall have been seized under the provisions of this article shall be entitled to redeem the same upon furnishing to the Chief of Police satisfactory evidence of such ownership or lawful custody and upon paying to the Chief of Police the sum of $25; provided, however, that such application for redemption and such payment are made within seven days after such cat shall have been seized by the Animal Control Officer. Any such cat which shall have been seized and impounded and which shall not have been redeemed by its owner or other person who lawfully is entitled to its custody, as hereinabove provided, may be redeemed by any other person upon payment of the said redemption fee of $25, provided that such payment is made within a period of two days after the expiration of the said initial period of seven days subsequent to the seizure and impounding as aforesaid.

§ 134-36. Disposition of moneys received.

All moneys which shall be received by the Borough Clerk or Chief of Police pursuant to the provisions of this article forthwith shall be paid to the Borough Treasurer in the same manner as he now is required to remit other Borough moneys.

§ 134-37. Interference with enforcement prohibited.

Any person who hinders, molests or interferes with the Animal Control Officer or his assistant in the discharge of his or their duties under the provisions of this article shall, upon conviction therefor, be punishable by the penalty provided by § 134-43 hereof.

§ 134-38. Exclusions.

None of the provisions of this article shall be applicable to cats owned by nonresidents passing through the Borough, nor to cats brought to the Borough and entered for exhibition at any cat show. Editor's Note: Original § 55-24, Violation by Animal Warden; penalty, which previously followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 134-39. Quarantines.

No person whose household has been quarantined because a case of infectious or contagious disease exists therein shall permit any cat owned or harbored by such person to run at large during the period of such quarantine.

§ 134-40. Confinement of diseased cats .

No person or persons harboring a cat suffering from an infectious or contagious disease shall permit such cat to run at large, but shall have the cat forthwith treated by a veterinarian and, if the disease is incurable, shall have the cat destroyed.

§ 134-41. Removal of tag or bell prohibited.

Any person who shall unlawfully remove a license tag or bell from the collar of any licensed cat without the consent of the owner or legal custodian thereof shall be guilty of a violation.

§ 134-42. Destruction of unclaimed cats .

Any cat which shall not have been redeemed by any person or persons lawfully entitled to effect such redemption as hereinabove provided, and after the expiration of a period of seven days subsequent to the day of the seizure and impounding of such unlicensed cat, forthwith shall be killed and destroyed by the Animal Control Officer in as humane a manner as is possible, which said manner of destruction shall be prescribed by the Mayor and Council from time to time.

§ 134-43. Violations and penalties.

Any person violating or failing to comply with any of the provisions of this article shall, upon conviction thereof, be punishable by a fine of not more than $1,250, imprisonment for a term not to exceed 90 days or a period of community service for not more than 90 days, or any combination thereof, in the discretion of the 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 punished as provided above for each separate offense.

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Genoa City, V. WI:

§ 101-9. Keeping of cats in residential districts.

1. Purpose. The keeping of a large number of cats in a residential district for a considerable period of time detracts from and, in many instances, is detrimental to the healthful and comfortable life for which such areas were created. The keeping of a large number of cats is, therefore, declared a public nuisance.

    

2. Number of cats limited.

    

   1. No person shall own, harbor or keep in his possession more than two cats on any residential lot without the prior approval of the Village Board, except that a litter of kittens or a portion of a litter may be kept for not more than 10 weeks from birth. If more than one family resides on a residential lot, then only two cats shall be allowed on the residential lot unless prior approval is obtained from the Village Board.

       

   2. The above requirement may be waived with the approval of the Village Board. Such application for waiver shall first be made to the Safety Committee (Protection of Persons and Property Committee) of the Village Board, which shall receive reports from the Health Officer and the Police Department on such application. After deliberation and recommendation, the Safety Committee shall forward the matter to the Village Board for its approval or denial.

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Ogden, T. NY:

Chapter 38

ARTICLE II
Cats
[Adopted 9-11-1991 as L.L. No. 4-1991 (Ch. 18 of 1972 Code)]

§ 38-16. Intent.

It appearing that cats in the Town of Ogden have, in some instances, been allowed to roam free on property of others and to cause annoyance and damage to the persons and properties of others, the Town Board of the Town of Ogden enacts the following Article to protect the health, safety and property of others from annoyance and damage caused by cats and to establish the responsibility and liability of cat owners arising out of the conduct of their pets.

§ 38-17. Title.

The title of this Article shall be the "Cat Control Law of the Town of Ogden."

§ 38-18. Definitions.

As used in this Article, the following words shall have the following respective meanings:

CONTROL OFFICER — The person authorized by the Town Board from time to time, by resolution, to enforce the provisions of this Article. The "control officer" shall have all the powers of a Constable or other peace officer in the execution of the provisions of this Article, including the service of a summons, the service of an appearance ticket and the service and execution of any other order of process, notwithstanding any provision of the Uniform Justice Court Act.

OWNER — Any person who is an owner of a cat and any person who keeps, feeds or harbors a cat. The "owner" need not be a resident of the Town of Ogden but, for a violation to occur, the cat must be in the town limits of the Town of Ogden, excluding those lands within the Village of Spencerport.

§ 38-19. Restricted acts.

It shall be unlawful for any owner of or any person harboring any cat to permit or allow such cat while in the Town of Ogden to:

1. Be vicious or to spray or to defecate in such a way as to cause annoyance to any person other than the owner or person harboring such cat.
2. Cause damage or destruction to property or to commit a nuisance upon the premises of a person other than the owner or person harboring such cat.
3. Remain in the Town of Ogden unless vaccinated currently against feline rabies.

§ 38-20. Enforcement; appearance tickets.

1. This Article shall be enforced by the control officer or by the Town Police Department or any other enforcement officer.
2. Any person who witnesses or suffers from a violation of the restrictions of this Article may file verified information with the control officer, who shall issue and serve an appearance ticket based upon such information. The appearance ticket shall be in the form prescribed by the Board by resolution in accordance with the provisions of this Article.

§ 38-21. Trial procedure.

1. The owner of a cat who is issued an appearance ticket pursuant to § 38-20 herein may answer the same by registered or certified mail, return receipt requested, within five (5) days of the violation(s) as hereunder provided, in lieu of a personal appearance on the return date at the time and court specified in said appearance ticket.
2. If the person charged with the violation admits to the violation as charged in the appearance ticket, the person may complete the appropriate form on such appearance ticket and forward such form and appearance ticket to the office specified on such appearance ticket. Such appearance ticket shall set forth the schedule of penalties and fines for violations of this Article, and a certified check or money order in the amount of the penalty for the violation charged shall be submitted with such answer.
3. If the person charged with the violation denies part or all of the violation as charged in the appearance ticket, the person may complete the appearance ticket likewise prescribed for that purpose and forward such appearance ticket. Upon receipt, such answer shall be entered in the docket and a new return date established by said court officer. Such person shall be notified by return mail of the date and place of such return date and/or trial, and the security shall be returned upon appearance thereat. If a person shall fail to appear at a return date when such is provided for pursuant to this section, the security posted to secure such appearance shall be forfeited and a summons or a warrant of arrest may be issued pursuant to the Criminal Procedure Law.
4. In the event that there is a violation of this Article based upon any information and not an appearance ticket and the owner of the cat demands a trial, the control officer or other law enforcement officer shall immediately proceed to file an information with a Town Justice so that the matter will appear on the docket of the Town Justice Court as soon as possible. The rules of procedure and proof applicable in criminal actions shall apply.

§ 38-22. Penalties for offenses.

A violation of this Article shall be deemed an offense, and a person convicted of a violation shall be liable to a fine for a first violation of fifty dollars ($50.); for a second violation, a fine of one hundred dollars ($100.); and for a third and subsequent violations, a fine of one hundred fifty dollars ($150.). In addition, a cat found to be unvaccinated against feline rabies may be required to be vaccinated for feline rabies as a condition of sentence of the court. In addition, the court may order restitution as a condition of any sentence for violation of the provisions of this Article.

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