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Item 8BAGENDA ITEM # 8B MARCH 9, 2009 STAFF REPORT City of Atlantic Beach Commission Meeting AGENDA ITEM: DATE: Ordinance Addressing Feral Cats March 2, 2009 ~~ SUBMITTED BY: David E. Thompson, Asst. City Manager BACKGROUND: In October 2008, staffmet with First Coast No More Homeless Pets (FCNMHP) and discussed the feasibility of changing the City Code to allow FCNMHP to run their Feral Freedom Program in Atlantic Beach. When this idea was proposed to staff, reseazch was immediately initiated to find out more about similaz programs. A number of resources were identified including ordinances, guides, articles, and evaluations from various professional organizations as well as governmental entities. A staff report was prepared (see attachment), in which staff outlined five (5) conclusions relative to the proposed program and the City Code. Since that time, staff has crafted language that integrates these principles into a code revision for the City Commission to consider for adoption (see attachment). City staff members have met with FCNMHP and discussed possible revisions. City staff members and FCNMHP are not able to agn3e on the code changes. FCNMHP would like to have more freedom and fewer n:stridions relative to the management of the cats and the oolonies. City staff is firm in the conviction that the management of the cats and colonies should be assured in the language of the City Code. Issues: 1. Successful programs have a strong emphasis on managing the feral cats and colonies. The language proposed by staff requires feral cat colonies be ngistenrd with an approved sponsor (organization), and colony caretakers must keep records on the size and kx:ation of the colonies, vaccination recorcls, micro-chipping, and spay/neuter records on the cats. Such records must be made available to Atlantic Beach Animal Control upon request, and semiannual reporting is required. The language also contains language to address the problem if sponsors or caretakers do not meet the requirements of the City Code. FCNMHP wants to be able to release feral cats bade into the environment without a caretaker. They mason that if the cat is healthy, then someone must be caring for it. Releasing a cat into the environment without a caretaker is basically abandonment of the animal. This is generally considered to be inhumane treatrnent for an animal, and this behavior is illegal in many jurisdictions induding Atlarrtic Beach. Animal Control Officers frequently encounter AGENDA ITEM # 8B MARCH 9, 2009 abandoned cats that are diseased, injunad, and/or starving. A "managed" feral cat program will identify and address the health of the cats. 2. Fees to reclaim cats In the proposed language, the first time a feral cat is trapped by Atlantic Beach Animal Control, the redemptioNadministrative fees will be waived. However, upon subsequent trapping by Animal Control, the City's redemptioNadministrative charges will apply. There are costs assocated wig boarding the cats including food, manpower, and utilities. Atlantic Beach Animal Control Officers only trap cats that have been reportedly creating a nuisance. When the same cat is being trapped repeatedly, it is likely that the cat is part of the nuisance problem. ff a domestic cat is trapped by Atlantic Beach Animal Control, then the owner is required to pay a redemption fee every time the cat is n~coverred. It hardly appears to be appropriate to charge redemption flees for domestic cats, and waive all redemption fees for feral cats. language suggested by FCNMHP simply states that feral cats may be released at anytime without a fee. 3. Micxo~hipping requirement The proposed language requires all feral cats to be micro-chipped for tracking purposes. This will allow staff to monitor individual records of behavior for each cat, and to evaluate patterns relative to colonies and caretakers. FCNMHP opposes this requirement because they want to be able to allow private dtizens to trap feral cats, have the cats treated, and then release the cats bads into the environment without micxo-chips or supervision. 4. Possible Problems Most of the time, people who work with animals can usually distinguish between, a feral cat and a domestic cat. However, if someone makes that decision in error, then a domestic cat may be spayed or neutered, ear-tipped, and miao- chipped agair~ the owner's wishes. ff we allow private ctizens to trap, treat and release cats bads into the community, then we may be increasing the probability of error. Atlantic Beach Animal Corrtrol Officers currently have the authority to address dt¢en problems relative to nuisance cats. When nuisance cats are removed, then the c~omplainarrts feel as though the problem has been effectively resolved. Some dozens fear that if nuisance cats are trapped and then released balk into the community, then the nuisances are going to continue. Information on the management of cats and colonies is necessary to assure compliance with the code, and to address nuisances. In the absence of n~uiremerrts for a sponsor to divulge information relative to the cats, it is very unlikely that this information will be made available to kxal animal control authorities. AGENDA ITEM # 8B MARCH 9, 2009 Summary: City staff members are wiNing to support a "managed' program that addresses the problems assodated with feral ~ while providing access to information necessary to verify compliance with the City Code. The goal of such a program is to "manage to extindion.° This means that eventually, we vw~tt Nke for all ~ in our aty to be domesticated. The attached proposal "Managed Care of Feral Cats" has the potential to support a managed program while greatly redudng the nwnber of feral rats tag eultianized from Atlantic Beach. However, City staff opposes a program that would a~aw dens to simply release cats trade into the envirorxr~er~t arithout a caregiver or mor~toring. BUDGET: No Impact RECOMMENDATIONS: To consider the proposed language to address the management of feral cats in the City of Atlantic Beach. If approved by the City Commission, then the language should be reviewed and edited by the City Attorney for further consideration. ATTACHMENTS: September 26, 2009 Staff Report Managed Care of Feral Cats REVIEWED BY CITY MANAGER: A NDA ITEM NUMBER: AGENDA ITEM # 8B MARCH 9, 2009 STAFF REPORT City of Atlantic Beach Commission Meeting AGENDA ITEM: Report on Feral Cats (TNR Proposal) DATE: September 26, 2008 SUBMITTED BY: David E. Thompson, Chief of Police/DPS BACKGROUND: First Coast No More Homeless Pets (FCNMHP) is a local organization that has approached the City of Atlantic Beach about participating in the Feral Freedom Program. This program is currently being operated in Jacksonville, Jacksonville Beach, and in Neptune Beach, but the Atlantic Beach Code has provisions that make it unlawful in Atlantic Beach. FCNMHP would like for Atlantic Beach to modify its code so that the program can be operated in Atlantic Beach. Debbie Fields with FCNMHP is going to do a presentation at the October 13, 2008 City Commission meeting to discuss the goals of their organization and the basic facets of the proposed program. This report is intended to provide information to the elected officials so that they may make an informed decision relative to the FCNMHP request. When this idea was proposed to staff, reseazch was immediately initiated to find out more about similaz programs. A number of resources were identified including ordinances, guides, articles, and evaluations from various professional organizations as well as governmental entities. Staff Conclusions: There have been a number of successful Trap-Neuter-Release (TNR) programs around the country in both urban and suburban settings. These programs have greatly reduced the number of cats being euthanized, while removing diseased/unhealthy cats from the public. Additionally, kittens aze identified and removed while they can be domesticated, and they can be successfully adopted to new homes. In addition to the advantages noted above, the program tends to reduce nuisance behaviors that tend to bring the feral cats into conflict with people. If managed appropriately, the feral cats can coexist with people without generating health problems or complaints from citizens. AGENDA ITEM # 8B MARCH 9, 2009 Requirements: A TNR program is more than simply trapping cats, spaying/neutering them, vaccinating them, and setting them loose. To be successful, several key components must be present: Public Information: Before and during the implementation of a TNR program, citizens must be educated about the program and about feral cats. Most citizens aze in favor of reducing the number of cats being destroyed, but they also have legitimate concerns for the impact of nuisance cats in the neighborhood. Once educated about the program, some citizens volunteer to help, and most citizens accept the program. They understand that most of the nuisance behaviors can be eliminated without destroying the cats. However, there aze going to be some citizens who will oppose the program, and in some cases, it may be necessary to eliminate cats through traditional enforcement actions. 2. Managing a feral cat colony requires a responsible caretaker. The colony must be monitored for new additions, unhealthy cats, kittens, and other factors. This requires commitment and recordkeeping to assure that the caretaker is monitoring the colony appropriately. To assure that this is being done, it is imperative for the local animal authority to have access to the records. 3. The need for traditional Animal Control services will remain. This program can supplement a local animal control program, and cooperation between the organizations will be mutually beneficial. However, the need for traditional animal control will remain. 4. The proposed TNR funding is entirely based on charitable donations and the volunteer efforts of citizens. The program will not incur additional demands on funding or staffing resources from the City of Atlantic Beach. 5. Based on the current City Code, a TNR program is not lawful in Atlantic Beach. BUDGET: None RECOMMENDATIONS: After reviewing the information and considering the presentation from FCNMHP, if the City Commission is so inclined, then staff can make adjustments to the City Code that will allow for the implementation of a TNR program in Atlantic Beach. The code changes will require Commission review and approval. Staff also recommends establishing a sunset provision that will require a review and evaluation of the program before a specified date. ATTACHMENTS: Feral Freedom Program Overview REVIEWED BY CITY MANAGER: AGENDA ITEM NUMBER: Pale ~1 AGENDA ITEM # 8B MARCH 9, 2009 MANAGED CARE OF FERAL CATS For the purpose of this ordinance, the following terms shall have the meaning set forth in this section. When not consistent 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. Animal Control Office means the Atlantic Beach Animal Control office designated to enforce the animal provisions of the Atlantic Beach city ordinances. Animal Control Officer or ACO means any person employed or appointed by the city who is authorized to investigate violations of laws and regulations concerning animals, and to issue citations in accordance with Florida law and this ordinance. Abandoned Cat means a domesticated cat that an owner has forsaken entirely, neglected or refused to provide care and support. pomesticated Cat means a cat that is socialized to humans and is appropriate as a companion for humans. Fer means a cat that 1. Is born in the wild or is the offspring of an owned or feral cat and is not socialized. 2. Was a formerly owned cat that has been abandoned and is no longer socialized. Ear tip ing means straight-line cutting of the tip of the left ear of a cat while the cat is anesthetized. Feral Cat Caretaker means any person other than an owner who provides food, water or shelter to, or otherwise cares for, a feral cat. 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 domesticated cats that congregate with a colony shall be deemed to be a part of it. Feral Cat Colony Caretaker means any feral cat caretaker who is approved by a sponsor to care for a feral cat colony. Page ~2 AGENDA ITEM # 8B MARCH 9, 2009 Micro-chip means, for the purpose of this ordinance, to implant an electronic animal identification device. Nuisance, for purposes of this ordinance, means conduct by stray or feral cats that disturb the peace. Stray or feral cats may create a nuisance by: 1. Habitually or continually howling, crying or screaming, or 2. Habitually and significantly destroying, desecrating or soiling property against the wishes of the owner of the property. wn r means any person having a right of property in an animal or who keeps or harbors an animal, or who has it in his care, or acts as its custodian, or who knowingly permits an animal to remain on any premises occupied by him or her. "Owner" does not include a feral cat colony caretaker. sor is any animal rescue or humane society that agrees to comply with the requirements of this ordinance and provides written notice to Atlantic Beach Animal Control that it will serve as a sponsor. 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. TNR means Trap, Neuter and Return. TNR Program means a program pursuant to which feral and stray cats are trapped, neutered or spayed, micro-chipped, vaccinated against rabies, and returned to the location where they congregate, in accordance with this ordinance. Owners of domesticated cats shall provide appropriate and adequate food, water and shelter for their cats. The owner of a domesticated cat shall exercise reasonable care to guard against the cat creating a nuisance. Owners of domesticated cats shall not permit their cats to roam unsupervised off their property. Pale ~3 AGENDA ITEM # 8B MARCH 9, 2009 An owner shall not abandon a domesticated cat. Feral cat colonies shall be permitted and feral cat colony caretakers shall be entitled to maintain and care for feral cats by providing food, water, shelter and other forms of sustenance, provided that the feral cat colonies are registered with an approved sponsor, as defined below. The feral cat colony caretaker shall take all appropriate and available steps to meet the terms and conditions of this ordinance. Any animal rescue or humane society that agrees to comply with the requirements of this ordinance for sponsors shall be eligible to act as a sponsor. Any animal rescue or humane society intending to undertake the responsibilities of sponsor shall so advise Atlantic Beach Animal Control in writing and provide its address and telephone number, and a-mail address if applicable. Suonsor Requirements It shall be the duty of the sponsor to: 1. Review and approve of any feral cat colony caretakers at its discretion. 2. Help to resolve any complaints over the conduct of a feral cat colony caretaker or of cats within a colony. 3. Maintain records provided by feral cat colony caretakers on the size and location of the colonies as well as the vaccination, micro-chipping, and spay and neuter records of cats in the sponsor's colonies. Such records shall be made available to the Animal Control Office upon request. 4. Provide, at a minimum, written educational training for all caretakers addressing uniform standards and procedures for colony maintenance.. 5. Report semi-annually to Atlantic Beach Animal Control on the following: a. Location of colonies for which it acts as a sponsor in the city. b. Total number of cats in each of its colonies. Page ~4 AGENDA ITEM # 8B MARCH 9, 2009 c. Number of cats from its colonies micro-chipped, vaccinated, and spayed and neutered pursuant to the TNR program and number of cats and kittens from its colonies placed in permanent homes. 6. Use due consideration to prevent feral cat colonies from being maintained on lands managed for wildlife or other natural preserves where the presence of the colony is a proven threat to an endangered species and to attempt to move colonies to safer and more acceptable areas. 7. Provide to Atlantic Beach Animal Control the location, by address, of feral cat colonies where feral cat colony caretakers have regularly failed to comply with this ordinance or where the sponsor has been unable to resolve a nuisance behavior situation. Feral Cat Colony Caretakers It shall be the responsibility of a feral cat colony caretaker to: 1. Register the colony with the sponsor. 2. Take all appropriate and available steps to trap each feral cat in the colony in order to have the cat sterilized and vaccinated for rabies, preferably with a 3-year vaccine. Every colony cat must have it's ear tipped and the colony must be monitored for new feral cats that join. 3. The colony caretaker must maintain rabies vaccination records and include them in the semi-annual report provided to the sponsor pursuant to this section. 4. Keep a written census of the colony that describes each cat, its color, breed and sex, and notes the dates it was taken to a veterinarian for TNR through a TNR program. 5. Have a microchip ID inserted into each colony cat by a veterinarian in accordance with professional medical standards. Both the sponsor and the feral cat colony caretaker shall be the named contacts for purposes of microchip identification. 6. Provide food, water and, if feasible, shelter for colony cats. 7. Observe the colony cats at least twice per week. 8. Keep in contact with the colony sponsor to report any illness, strange behavior or Page ~5 AGENDA ITEM # 8B MARCH 9, 2009 missing feral cats and obtain proper medical attention for any colony cat that appears to require it. 9. Obtain the written approval of the owner of any property, or any authorized representative of the owner, to which the caretaker requires access to provide colony care. 10. Take all reasonable steps to: a. Remove kittens from the colony after they have been weaned b. Place the kittens in homes or foster homes for the purpose of subsequent permanent placement c. Capture and spay the mother cat. 11. Report semi-annually in writing to the sponsor on: a. The location of the colony. b. The number and gender of all cats in the colony. c. The number of cats that died or otherwise ceased being a part of the colony. d. The number of kittens born to colony cats and their disposition. e. The number of cats placed in animal shelters or in permanent homes as companion cats. f. The number of cats vaccinated. g. The number of cats micro-chipped. h. The number of cats spayed or neutered. Feral cats who were spayed or neutered and vaccinated for rabies prior to the date on which this ordinance became effective, but did not have a microchip ID inserted or were marked as feral by some indication other than having a left ear tipped, shall be deemed in compliance with this ordinance, if all other requirements are met by their feral cat colony caretaker. Feral cat colony caretakers shall take all appropriate and available steps to bring these cats into compliance with the provisions of this ordinance within one year of its enactment, or upon revaccination of the cats for rabies, whichever comes first. Page ~6 AGENDA ITEM # 8B MARCH 9, 2009 If a feral cat colony caretaker regularly fails to comply with this ordinance, the sponsor shall notify the feral cat colony caretaker that he or she has 30 days to make all reasonable efforts to fulfill the responsibilities defined in ordinance. If the feral cat colony caretaker fails to comply within that time period, the sponsor may identify and obtain replacement feral cat colony caretakers for the feral cat colonies of the non-compliant feral cat colony caretaker. If no other feral cat colony caretaker can be found within 30 days, the Sponsor shall notify Atlantic Beach Animal Control, and Atlantic Beach Animal Control may humanely remove all, or parts of, the feral cat colonies. If a cat or kitten with a tipped ear is trapped and turned into Atlantic Beach Animal Control, the animal control office shall notify the sponsor giving it the description of the feral cat and the address or location where the cat was trapped. Atlantic Beach Animal Control shall only hold cats with tipped ears for 48 hours. The sponsor shall be exempt from paying any charges or fees allowed to be imposed by Atlantic Beach Animal Control in holding a feral cat with a tipped ear that is trapped or turned in pursuant to this section in the first instance of impoundment; however, if the same feral cat is trapped and turned in a second or subsequent time, boarding and reclaim fees must be paid prior to releasing the cat to the sponsor. If the feral cat's ear is tipped, the sponsor shall attempt to identify the feral cat colony and the feral cat colony caretaker so the cat can be returned to its colony and provide the animal control office with documentation to show the cat was vaccinated for rabies in compliance with this section. The sponsor shall not release a cat back into the city unless an identified caretaker is in place. If a feral cat, which does not have it's ear tipped, is trapped and turned into Atlantic Beach Animal Control, the cat must go through the usual stray cat procedures. Enforcement of urovisions bYthe animal control office The Atlantic Beach Animal Control shall have the right to trap and remove any cat that is deemed to be a threat to public health or safety, or has become a habitual nuisance. If a cat has bitten, scratched or attacked a human being, the cat shall be quarantined as mandated by the Duval County Health Department. Page ~7 AGENDA ITEM # 8B MARCH 9, 2009 If a licensed veterinarian decides that the cat is too ill or injured or that it has an illness that presents an imminent danger to the public health or safety or to itself, the cat may be humanely euthanized. After the mandatory quarantine, if the cat is found to be healthy and no other issues of public health or safety exist, the cat may be given to the sponsor for return to its feral cat colony. The animal control office shall have the right to direct a sponsor to communicate to a feral cat colony caretaker that a feral cat is creating a nuisance. The complainant must provide the animal control office with the address where the feral cat is creating a nuisance. If the complainant consents, his or her name and address may be given to the sponsor so prompt action can be taken. The sponsor shall make every effort to resolve the nuisance within thirty days. If the nuisance complaint cannot be resolved within the allowed time period, the sponsor shall direct the feral cat colony caretaker to remove the cat from the colony. The animal control office shall have the right to declare that a colony is in a location that is hazardous to the health and safety of the public or the feral cat colony. The office shall give written notice to the sponsor who must take immediate action to trap and remove the colony with the cooperation of the feral cat colony caretaker. If a caretaker fails to perform any responsibility or duty required by this ordinance, the animal control office shall notify the sponsor in writing of the violation and provide the sponsor thirty days to become compliant. It shall be the sponsor's responsibility to bring the caretaker into compliance or to find another caretaker for the colony in question. If another caretaker cannot be found, the cats in those colonies may be trapped, relocated if possible or removed. If the sponsor fails to perform the responsibilities or duties required, this office may remove the non-compliant sponsor and reassign the feral cat colonies to another sponsor. The sponsor removed from the list has the right to petition the Board of City Commissioners regarding its removal and reinstatement. If no sponsor agrees to take on the feral cat colonies, the cats in those colonies may be trapped and removed. Withdrawal of Feral Cat Colony Care ker or SQonsor In the event that a feral cat colony caretaker is unable or unwilling to continue in that role, he or she shall notify his or her sponsor. In the event a sponsor is unable or unwilling to continue to perform its role, it shall so advise Atlantic Beach Animal Control. The sponsor shall work with the animal control office to obtain a replacement sponsor. If no new sponsor is found within 30 days, the sponsor shall notify Atlantic Beach Animal Control.