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Home My WebLink AboutD-2365-17 Feral CatsSPONSORS: Councilors Finkam and Worrell ORDINANCE D-2365-17 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, ADDING CHAPTER 6, ARTICLE 5, DIVISION III, SECTION 6-101 TO THE CARMEL CITY CODE Synopsis: Adopts regulations regarding feral cats, in order to prevent public nuisances and cat over -population in a humane manner. WHEREAS, the growing population of feral cats in the City of Carmel (the "City") presents a public nuisance; WHEREAS, regulations that address population control of feral cats in order to prevent over- population must be humane; WHEREAS, pursuant to Indiana Code § 36-8-2-4, the City may regulate conduct, or use or possession of property that might endanger the public health, safety or welfare; and WHEREAS, it is in the interest of public health, safety and welfare of the citizens and animals residing in the City to establish regulations regarding feral cats within the City of Carmel. NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Carmel, Indiana, as follows: Section 1. The foregoing Recitals are fully incorporated herein by this reference. Section 2. Chapter 6, Article 5, Division III, Section 6-101 is hereby added to the Carmel City Code and shall read as follows: "§ 6-101 Feral Cats (a) Definitions. As used in this section: Colony means a group of one or more feral cats, whether unmanaged or managed. Colony caretaker means an authorized person who provides food, water and shelter for feral cats in a managed colony. Feral cat means any cat that has no apparent owner or identification and is wild, untamed, unsocialized, unmanageable and unable to be approached or handled. Ordinance D-2365-17 — Version A — Finance, Rules and Utilities Committee 6/12/17 Page One of Five This Ordinance was prepared by Jon Oberlander, Senior Assistant Carmel City Attorney, on 6/13/17 at 11:26 a.m. No subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for legal sufficiency or otherwise. C:\Users\jquinn\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\ZG7CRSHI\Free Roaming Cat Ordinance Redline Version A Revised Final.docx SPONSORS: Councilors Finkam and Worrell Managed colony means a colony of feral cats that is registered with the Carmel Police Department or its designee, and is maintained by a colony caretaker using trap, neuter and return methodology. (b) The City may, in its sole discretion, establish a fund, provide services, or an approved assistance program to offset the costs of trapping, neutering, and vaccinating captured feral cats that can be returned to an appropriate, controlled and protected managed colony. Colony caretakers may be aided by the City or an approved assistance program in providing traps for the capture of feral cats, transportation to a spay/neuter facility and offsetting costs, to the extent that funding is available. (c) Each colony shall be registered by the colony caretaker with the Carmel Police Department, or its designee, which will serve as a clearinghouse for information on current colony caregivers, education for new colony caregivers, and assistance for persons found in violation of this chapter. (d) Approved assistance programs for managed colonies within the City will exist only with the approval of the commercial property owner, the governmental property owner, or the home owner in which the managed colonies are to exist. (e) It shall be unlawful for a person to provide food, water or shelter to a colony of feral cats, unless; (1) The colony is an approved managed colony, registered with the Carmel Police ,Department or its designee. (2) The food, water or shelter is provided in conjunction with the implementation of trap, neuter, and return methodology as set forth below. (3) Ear tipping will be. used on feral cats in order to be identified as a spayed or neutered and vaccinated member of a managed colony. (4) Any person or colony caregiver determined to be in violation of subsection (e)(5) of this Section shall be issued a written warning for each such violation and be allowed a period of time, not to exceed 30 calendar days, to fully abate and cure the same. This compliance period may be extended by the City, in its sole discretion and upon evidence of substantial efforts to cure, for one additional period of time not to exceed 30 calendar days. The failure of any person or colony caregiver to timely cure any violation of subsection (e)(5) of this Section for which such person or colony caregiver Ordinance D-2365-17 — Version A — Finance, Rules and Utilities Committee 6/12/17 Page Two of Five This Ordinance was prepared by Jon Oberlander, Senior Assistant Carmel City Attorney, on 6/13/17 at 11:26 a.m. No subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for legal sufficiency or otherwise. C:\Users\jquinn\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\ZG7CRSHI\Free Roaming Cat Ordinance Redline Version A Revised Final.docx SPONSORS: Councilors Finkam and Worrell has been issued a written warning shall result in the issuance of a citation to such person or colony caregiver for the uncured or untimely cured violation. (5) An approved colony caretaker, in order to control the feral cat population in the City shall: a. Humanely trap and sterilize (spay/neuter) and left ear -tip all feral cats that can be captured using a licensed veterinarian. b. Vaccinate, as required by law, all feral cats that can be captured: 1. Against rabies, preferably with a three-year vaccine; and 2. Any other infectious disease as mandated by law. 3. Colony caretakers shall have a licensed veterinarian evaluate the health of all trapped feral cats. Seriously ill or injured feral cats with no reasonable prognosis for humane rehabilitation for survival outdoors will be humanely euthanized. c. Release all non -feral cats to animal control or humane society for adoption or placement in accordance with the law. d. Make a diligent and reasonable effort to remove kittens from the managed colony before eight weeks of age for domestication and placement. e. Make a diligent and reasonable effort to remove sick or injured cats from the managed colony for immediate veterinary care or humane euthanasia. f. Colony caretakers shall abide by the standard guidelines devised by this chapter, the Carmel Police Department or its designee, regarding the provisions of food, water, and shelter and veterinary care for the feral cats within the managed colony. g. Ensure responsibility and arrangements for feeding the managed colony regularly throughout the year, including weekends, holidays and during periods of time in which the colony caregiver is unable to personally feed the managed colony. Ordinance D-2365-17 — Version A — Finance, Rules and Utilities Committee 6/12/17 Page Three of Five This Ordinance was prepared by Jon Oberlander, Senior Assistant Carmel City Attorney, on 6/13/17 at 11:26 a.m. No subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for legal sufficiency or otherwise. C:\Users\jquinn\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\ZG7CRSHI\Free Roaming Cat Ordinance Redline Version A Revised Final. docx SPONSORS: Councilors Finkam and Worrell h. A colony caretaker must maintain proof of sterilization, vaccination, tattoo or implant and medical records from a licensed veterinarian at all times. These records must be provided to the humane society or law enforcement upon request. (f) Any law enforcement authority may impound feral cats in violation of the ordinance. Any feral cats impounded by law enforcement authority that bears an appropriate ear -tipping indicating it belongs to a managed colony may, at the discretion of law enforcement be returned to its managed colony unless illness or injury present an imminent danger to public health or safety. (g) Violations, penalties and fines. Subject to Section 6-101(e)(4) above, persons in violation of this section shall be guilty of an infraction, punishable by a fine of not more than $100 for each such violation, each day constituting a new violation, as well as the loss of colony caretaker privileges. Section 3. If any portion of this Ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Ordinance so long as enforcement of same can be given the same effect. Section 4. This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor and such publication as required by law. Ordinance D-2365-17 — Version A — Finance, Rules and Utilities Committee 6/12/17 Page Four of Five This Ordinance was prepared by Jon Oberlander, Senior Assistant Carmel City Attorney, on 6/13/17 at 11:26 a.m. No subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for legal sufficiency or otherwise. C:\Users\jquinn\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\ZG7CRSHI\Free Roaming Cat Ordinance Redline Version A Revised Final.docx SPONSORS: Councilors Finkam and Worrell PASSED by the Common Council of the City of Carmel, Indiana, this If day of 2017, by a vote of � ayes and _(9_ nays. COMMON COUNCIL FOR THE CITY OF CARMEL f\1 0 t � Pak> S e Finkam, President Jill" W 1.- onald E. Carter 0 Christine S. Paulo, Clerk -Treasurer ac)t_ &�;� 0 �-- Jeff Worrell esented by me to the Mayor of the City of Carmel, Indiana this & day of Christine S. Pauley, Clerk -Treasurer Approved by me, Mayor of the City of Carmel, Indiana, thisY of 2017, at��.M. �1 ames Brainard, Mayor S. Paulo, Clerk -Treasurer Ordinance D-2365-17 — Version A — Finance, Rules and Utilities Committee 6/12/17 Page Five of Five This Ordinance was prepared by Jon Oberlander, Senior Assistant Carmel City Attorney, on 6/13/17 at 11:26 a.m. No subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for legal sufficiency or otherwise. C:\Users\jquinn\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\ZG7CRSHI\Free Roaming Cat Ordinance Redline Version A Revised Final.docx