Privately operated management programs shall be permitted in accordance with the following requirements:
(A) Definitions. For the purposes of this section, the following definitions shall apply.
BACKYARD SANCTUARY CAREGIVER. A community cat caregiver who provides care, in accordance with this section, to three or less community cats on their private property at their permanent residence, not including communal areas, and at no other locations. Kittens under eight weeks of age are not included in this number.
CARE. The function of providing food, water, or shelter and/or protection from the elements. The daily provision of food, water and ongoing monitoring and includes required actions of capture, sterilization, vaccination, ear-tipping and microchipping of all cats present, with the option of returning to the outdoors of said captured cats.
CARE LOCATION. The physical location where food and care is provided by a community cat caregiver.
COMMUNAL AREA. The area of, relating to, or belonging to the residents of a community, or rental housing building or complex.
COMMUNITY CAT. An unowned, free roaming cat that may or may not be feral.
COMMUNITY CAT CAREGIVER. A person or organization that provides care to community cats.
RABIES VACCINATION. The up-to-date vaccination of a dog, cat or other domestic animal with an anti-rabies vaccine approved by the United States Department of Agriculture and administered by a veterinarian.
RETURN TO FIELD. The practice of returning an animal to the outdoors after it has been captured, sterilized, vaccinated, and ear-tipped.
(B) All community cats shall be provided care on the private property of the community cat caregiver or other care location with written permission of the property owner or manager which shall be filed with the city for each care location.
(C) A person or organization providing food, care or return to field, shall register as a community cat caregiver and provide a verifiable name, home address and phone number and shall update any changed information with 15 days of a change. A registered organization shall list all authorized caregivers and provide the verifiable name, home address and phone number of each affiliated caregiver and shall update such registration annually. A backyard sanctuary caregiver shall not be required to register as a community cat caregiver or file a care location. A registered community cat caregiver and a backyard sanctuary caregiver shall not be held responsible for a violation of § 90.08, "Animals Running at Large," or § 90.12, "Vaccination and License," of any cats fed at a location where a written consent has been filed and remains in good standing or in the circumstance of a backyard sanctuary caregiver's property.
(D) A registration shall be accomplished by submitting the city provided registration form completed legibly in its entirety to the appropriate department as listed. Registrations shall be supplemented by submitting a care location permission form for each written permission from a property owner/manager.
(E) Food at each care location shall be provided in accordance with the following:
(1) Food shall only be provided while persons conducting the feeding remain present. Any uneaten food must be removed while persons feeding are not physically present to monitor feeding.
(2) Food shall not be placed or left unattended in a manner it can be accessed or obtained by wildlife, other than as provided below for traps.
(3) Food shall be positioned inside at the center of a raccoon or larger size live humane trap that has had both ends secured open.
(4) Automatic feeders are not permitted.
(5) Feeding of any free roaming animals is not permitted within 1,000 feet of a care location that has been noticed to cease feeding.
(6) Feeding is not permitted in or on city parks, beaches, roads, rights-of-ways, or any other public property.
(F) Community cats shall be sterilized, ear-tipped, vaccinated for rabies, implanted with microchip registered to the community cat caregiver, FELV/FIV tested, provided with FVRCP, leukemia vaccine and any other vaccinations and/or treatments as recommended by the treating veterinarian, and provided with ongoing parasite preventative/treatment. Records of such shall be retained by the community cat caregiver under which the care location is registered for each cat that is being provided with care.
(G) Only healthy, feral or otherwise, unadoptable cats may be returned to the field. Cats with visible injuries, disease, requiring ongoing treatment, or that have attacked or bitten a person or animal, may not be returned to the field.
(H) The registered community cat caregiver shall be responsible for damages caused by any cat(s) being cared for while they are off the authorized care location.
(I) Public parks, beaches, roads, rights-of-way, or properties are not permitted for care of the community cats.
(J) If a nuisance complaint is filed with the city's Animal Control Division regarding a registered care location, the community cat caregiver shall be noticed in writing by the city and shall have 21 days to work with the complainant to provide a remedy to the complainant's satisfaction. If satisfaction is not achieved during this time period, feeding may not continue and the city shall intervene to trap and permanently remove any cats at the complainant's request, including those related to subsequent complaints. Any cats removed by the city shall be held for at least 36 hours. A registered community cat caregiver in good standing or other rescue desiring to provide a humane, legal disposition may request to take possession of the cats during this time period. Any cats removed may not be released within the city. A final disposition may be rendered at the conclusion of 36 hours.
(K) If any care location is observed to feed more than eight cats, then any property owner or resident within 200 feet or any adjoining property owner, manager or tenant may file an objection with the city's Animal Control Division to the feeding. If an objection is filed, the community cat caregiver shall be noticed by the city and shall have 21 days in which to continue feeding for the purpose of giving the feeder an opportunity to remove cats from that location, after which feeding may not continue. Any cats removed may not be released within the city. After 21 days, the city shall intervene to trap and permanently remove any remaining cats at the objector's request, including those related to subsequent complaints. Any cats removed by the city shall be held for at least 36 hours. A registered community cat caregiver in good standing or other rescue desiring to provide a humane, legal disposition may request to take possession of the cats during this time period. Any cats removed may not be released within the city. A final disposition may be rendered at the conclusion of 36 hours.
(L) When the city's Animal Control Division receives a community cat related complaint at locations where there is not any current care being provided or where there is unregistered care, and with the permission of the complainant, the city may provide notice to registered community cat caregivers in good standing, in an effort to give opportunity for the resolution of such by private humane efforts. The community cat caregivers shall have 21 days in which to bring a resolution to the satisfaction of the complainant. If satisfaction is not achieved during this time period, the city shall intervene to trap and permanently remove any cats at the complainant's request, including those related to subsequent complaints. Any cats removed by the city shall be held for at least 36 hours. A registered community cat caregiver or other rescue in good standing, desiring to provide a humane, legal disposition, may request to take possession of the cats during this time period. Any cats removed may not be released within the city. A final disposition may be rendered at the conclusion of 36 hours.
(M) When a community cat caregiver or other rescue takes possession of an unaltered cat under Section (J), (K) or (L), that person must provide proof of sterilization, vaccination and microchipping of the animal within 15 days of receiving the cat.
(N) Any person or organization that has within the preceding year, interfered with city efforts or actions to resolve complaints or has been found in violation of city ordinance shall not be considered to be in good standing.
(O) Any person or organization that has been found in violation of city ordinances related to feeding or care of community cats on three or more occasions shall not be permitted to feed or care for community cats within the city.
(P) Noncompliance shall be deemed a violation of this section and penalties shall be in accordance with § 90.99.
(Ord. 2020-42, passed 2-25-20)