§ 91.19 MANAGEMENT OF CAT POPULATION; TRAP-NEUTER-RELEASE.
   (A)   Purpose. The purpose of this section is to protect residents of the city against the hazards brought about by the growing feral cat population and to provide a safe and humane process by which those health and safety hazards can be reduced through use of a trap-neuter-return (TNR) program to reduce and/or effectively manage the feral cat population within city limits.
   (B)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      ALTERED COMMUNITY CAT. A free-roaming cat who may be cared for by one or more residents of the immediate area who is/are known or unknown and has a visible ear tip/notch and is known or presumed to be altered and vaccinated.
      COMMUNITY CAT CAREGIVER. A person who, in accordance with and pursuant to a policy of TNR, as defined herein, provides care including food, shelter, and/or medical care to a community cat, while not being considered the owner, harborer, controller or other possessor of a community cat.
      COMMUNITY CAT CAREGIVER ORGANIZATION. An organization which is recognized by the city as maintaining an active TNR program.
      EAR NOTCHING. A small, triangular notch may be made in the top one-third of the outer margin of the cat's ear. This procedure is performed under sterile conditions while the cat is under anesthesia, in compliance with applicable federal and state laws, and under the supervision of a licensed veterinarian. Ear notches are designed to identify a community cat as being sterilized and lawfully vaccinated for rabies pursuant to this section and the provisions of this chapter.
      EAR TIPPING. The surgical removal of the top one-third of the outer margin of the cat's ear. This procedure is performed under sterile conditions while the cat is under anesthesia, in compliance with applicable federal and state laws, and under the supervision of a licensed veterinarian. Ear tips are designed to identify a community cat as being sterilized and lawfully vaccinated for rabies pursuant to this section and the provisions of this chapter.
      TRAP-NEUTER-RETURN or TNR. The process of humanely trapping, sterilizing, vaccinating for rabies, ear tipping/notching, and returning community cats to their original location.
      UNALTERED COMMUNITY CAT. A free-roaming cat who may be cared for by one or more residents of the immediate area who is/are known or unknown and does not have a visible ear tip/notch and is presumed to be unaltered and unvaccinated.
   (C)   Permitted acts.
      (1)   Feeding. Community cat caregivers and/or community cat caregiver organizations are permitted to feed altered community cats and unaltered community cats, but only if feeding of such unaltered community cats is done in conjunction with the intent of and attempts by the feeder to trap and alter those cats in accordance with this section.
      (2)   Trapping. Trapping shall be allowed for the sole purpose of sterilizing, vaccinating for rabies, and ear tipping/notching of unaltered community cats, as those terms are defined in this section. Any person who traps an altered community cat pursuant to the provisions of this section shall release said community cat immediately and without transporting the cat upon recognition of the ear tip/notch.
      (3)   Return. An altered community cat received by local shelters will be returned to the location where trapped unless veterinary care is required.
      (4)   Reclaiming impounded altered community cats. Community cat caregivers are empowered to reclaim impounded altered community cats without proof of ownership solely for the purpose of returning the altered community cats to their original location. The right of reclamation provided for by this division shall be eliminated without right of appeal in the event of humane destruction of the impounded altered community cat pursuant to division (C)(6) of this section.
      (5)   Reclaiming impounded unaltered community cats. Community cat caregiver organizations are empowered to reclaim impounded unaltered community cats without proof of ownership solely for the purpose of carrying out TNR. Community cat caregivers not acting on behalf of and with the oversight of a community cat caregiver organization are expressly prohibited from reclaiming an unaltered community cat. An unaltered community cat shall be cared for/handled in accordance with the policies of the facility in which they are impounded until such time as they are reclaimed pursuant to this division. The facility shall not be obligated to extend any periods of impoundment or alter any other policy of said facility to allow for the reclaiming of an unaltered community cat. A facility shall not be liable in any way for the humane destruction of an unaltered community cat should any such cat go unclaimed within the applicable time period established by facility policy. The right of reclamation provided for by this division shall be eliminated without right of appeal in the event of humane destruction of the impounded unaltered community cat pursuant to division (C)(6) of this section.
      (6)   Humane destruction permitted in emergency circumstances. A facility shall not be liable for the humane destruction of an impounded community cat, whether altered or unaltered and regardless of any desire of an authorized person or organization to reclaim the impounded community cat, if a licensed veterinarian employed or contracted by the facility determines that the impounded community cat presents a legitimate health or safety emergency. HEALTH OR SAFETY EMERGENCIES shall be defined to include any community cat that is terminally ill or presents a significant health or safety risk to residents such that it cannot safely be released pursuant to this section. Determinations made pursuant to this division shall be in writing and shall cite the specific medical, physical or behavioral condition observed in the impounded community cat that warrants humane destruction without providing the right of reclamation provided for in this section.
      (7)   Non-abandonment. A person who returns a community cat to its original location while conducting TNR pursuant to this section is not deemed to have abandoned the cat.
      (8)   TNR preferred. TNR shall be the preferred disposition for impounded unaltered community cats. Animal control and the local shelter are authorized and encouraged to conduct TNR or direct impounded community cats to a TNR program.
   (D)   Penalty. Any person who violates the ear tipping/notching oversight requirements or conducts trapping activities for purposes other than those provided for in this section and which are not conducted pursuant to any other section of this Code of Ordinances shall be guilty of a municipal infraction and shall be subject to the penalties set forth in § 10.99 in addition to all other penalties and punishments, whether criminal, civil or administrative, provided for by state or federal law.
(Ord. 2611, passed 5-14-2019; Ord. 2657, passed 10-13-2020)