Williams Municipal Code Ch. 6.54 Regulations Pertaining to Feral Cats

The feeding of feral cats is prohibited in the City of Williams unless otherwise permitted pursuant to this chapter and conducted in accordance with the TNR program regulations and guidelines.

(Ord. No. 200-13, § 2(exh. B), 5-15-2013)

A. An annual permit shall be required for any organization or individual that wishes to operate as a TNR partner or TNR individual in the city.

B. A separate permit shall be required for each feral cat colony, even if multiple colonies are cared for by the same entity or person.

C. A permit application shall be submitted in the form and with the information required by the city, including the following:

1. TNR partner permit requirements. A completed TNR partner permit application form shall be submitted, and accompanied with the following supplemental information:

(a) Applicant contact and address information;

(b) TNR contact and address information;

(c) A map of the colony location and colony details to the extent known, including but not limited to an approximate number of:

i. Cats in colony;

ii. Successful spayed-neutered, de-flead, and ear tipped cats; and

iii. Successful adoptions.

(d) A map showing the location of each feeder and trapping location.

(e) A list of all feral cat caregivers providing TNR support for the colony, and contact information for each caregiver.

(f) Feral cat caregiver affidavit forms signed by each affiliated feral cat caregiver confirming their receipt of a copy of the City of Williams Feral Cat TNR Program regulations and guidelines and stating they have read, understand, and will comply with those regulations and guidelines.

(g) If feeding or trapping is proposed on private property, a copy of both the property owner's and the resident's consent agreeing to allow TNR activities on the private property.

(h) If feeding or trapping locations are proposed on public property, proof of comprehensive general liability insurance in the form acceptable to and in an amount determined by the city's risk management department, with the city named as an additional insured. The insurance shall be maintained in force through the life of the permit, including any renewals, and coverage shall not be modified without the consent of the city.

(i) A statement accepting and agreeing to abide by all of the standard conditions of approval set forth in the TNR program regulations and guidelines signed by a duly authorized representative of the TNR partner.

(j) Envelopes (to be addressed to each owner of property within three hundred feet of each proposed feeding and trapping location), with first class postage attached.

(k) Envelopes (to be addressed to the occupant of each residential unit within three hundred feet of each proposed feeding and trapping location), with first class postage attached.

2. TNR individual permit requirements. A completed TNR individual permit application form shall be submitted, and accompanied with the following supplemental information:

a. Applicant contact and address information.

b. TNR individual's contact and address information.

c. A map of the colony location and colony details to the extent known, including, but not limited to, an approximate number of:

(1) Cats in colony;

(2) Successful spayed-neutered, de-flead, and ear tipped cats; and

(3) Successful adoptions.

d. A map showing the location of each feeder and trapping location.

e. Feral cat caregiver affidavit forms signed by each TNR individual confirming their receipt of a copy of the City of Williams Feral Cat TNR Program regulations and guidelines stating that they have read, understand, and will comply with those regulations and guidelines.

f. A statement accepting and agreeing to abide by all of the standard conditions of approval set forth in the TNR program regulations and guidelines signed by the TNR individual.

g. Envelopes (to be addressed to each owner of property within three hundred feet of each proposed feeding and trapping location, with first class postage attached.

h. Envelopes (to be addressed to the occupant of each residential unit within three hundred feet of each proposed feeding and trapping location, with first class postage attached.

i. If feeding or trapping is proposed on property that is not owned by the TNR individual, a copy of the property owner's consent agreeing to allow TNR activities on the private property.

(Ord. No. 200-13, § 2(exh. B), 5-15-2013)

A. Upon determination that an application for a TNR permit is complete for processing, the animal control officer shall provide notice of the application and a ten-day comment period by first class mail to the owners of all property and residents within a three hundred-foot radius of each proposed feeding location.

B. The notice shall include, but is not limited to the following:

1. The locations of feeding devices;

2. The feeding hours; and

3. Contact information for the TNR partner and all affiliated feral cat caregivers, or the TNR individual.

C. Notice for feeding devices that are not separated by more than twenty-five feet from another feeding or trapping device may use a single notice, but which shall be mailed to all owners of properties and residents within the three hundred-foot radius of any device.

D. During the ten-day comment period, interested parties may submit written comments to the animal control officer on whether the application meets the criteria of this article or may submit a written objection to the location of the feeder if it is proposed to be placed adjacent to their property.

(Ord. No. 200-13, § 2(exh. B), 5-15-2013)

A. Upon determination that an application for a TNR permit is complete for processing, the animal control officer shall provide notice of the application and a ten-day comment period by first class mail to the owners of all property and residents within a three hundred-foot radius of each proposed trapping location.

B. The notice shall include, but is not limited to the following:

1. The locations of trapping devices;

2. The trapping hours; and

3. Contact information for the TNR partner and all affiliated feral cat caregivers, or the TNR individual.

C. Notice for trapping devices that are not separated by more than twenty-five feet from another feeding or trapping device may use a single notice, but which shall be mailed to all owners of properties and residents within the three hundred-foot radius of any device.

D. During the ten-day comment period, interested parties may submit written comments to the animal control officer on whether the application meets the criteria of this article or may submit a written objection to the location of the trap if it is proposed to be placed adjacent to their property.

(Ord. No. 200-13, § 2(exh. B), 5-15-2013)

A. The determination of whether to issue a permit is a ministerial action. The city shall review permit applications deemed to be in compliance with the TNR program and guidelines requirements. The animal control officer shall approve the application unless:

1. The permit application does not comply with the TNR program and guidelines requirements;

2. The permit application does not include all of the required information as set forth in this article;

3. A letter objecting to the location of feeder and/or trap has been submitted by a resident or property owner whose property is adjacent to the proposed location of the feeder and/or trap;

4. A permit has already been issued to another TNR partner for the same feral cat colony or a feral cat colony located in the same area or general vicinity;

5. The applicant has been previously issued a permit pursuant to this article and has violated the requirements of this article or the TNR program requirements and guidelines; or

6. The director of public works has reported that the proposed location of a feeder or trap will interfere with public works activities.

B. Upon approval of a permit application, the department of community development shall issue a permit to the TNR partners, feral cat caregivers, and TNR individuals as applicable. The permit card shall be carried by the permittee and any person conducting TNR activity so that it is readily presentable to another person at all times while conducting TNR activity. Residents and/or property owners personally conducting TNR activity on their own property are not required to carry the permit with them.

(Ord. No. 200-13, § 2(exh. B), 5-15-2013)

As a prerequisite to receiving approval of a permit for a TNR partner or a TNR individual, the TNR partner or individual shall agree to comply with the standard conditions of approval set forth in the adopted TNR program requirements and guidelines.

(Ord. No. 200-13, § 2(exh. B), 5-15-2013)

TNR partners, feral cat caregivers, and TNR individuals shall comply with and fulfill the responsibilities and minimum standards of care as set forth in the TNR program regulations and guidelines.

(Ord. No. 200-13, § 2(exh. B), 5-15-2013)

The return of feral cats as part of a TNR program is exempt from any abandonment laws because the feral cat is trapped solely for the purpose of neutering or adopting.

(Ord. No. 200-13, § 2(exh. B), 5-15-2013)

Food may be placed in authorized feeding stations and traps may be placed in permitted locations during the hours set forth in the TNR program regulations and guidelines.

(Ord. No. 200-13, § 2(exh. B), 5-15-2013)

A. Feeding locations shall be maintained in accordance with the adopted TNR program regulations and guidelines.

B. Recipients of a TNR individual permit shall not be allowed to feed feral cats on public property.

C. Feeding and trapping of feral cats in public parks shall not be permitted.

(Ord. No. 200-13, § 2(exh. B), 5-15-2013)

A. After the issuance of a TNR partner permit, a property owner or resident may submit a request to the animal control officer to request removal of a feeder or trap that is located adjacent to their property or on their private property.

B. Upon receipt of the request, the animal control officer shall notify the permittee. The permittee shall remove the feeder and/or trap within seventy-two hours of such notice. If the feeder and/or trap is not removed, the city shall cause the feeder and/or trap to be removed without any further notice to the permittee.

C. The department of public works shall receive copies of all applications involving placement of feeders or traps in the public right-of-way. The city at any time may request removal of a feeder or trap located on the public right-of-way by providing notice to the permittee. The permittee shall remove the feeder and/or trap within seventy-two hours of such notice. If such feeder and/or trap is not removed, the city shall cause the feeder and/or trap to be removed without any further notice to the permittee.

(Ord. No. 200-13, § 2(exh. B), 5-15-2013)

A. Permits may be renewed annually, and requests for renewal shall be submitted at least thirty days prior to expiration of the existing permit on forms approved by the city. The permittee shall have no property interest in the renewal and the permit shall not be renewed if the animal control officer makes any of the determinations set forth in Section 6.54.050 of this article.

B. Notice pursuant to Sections 6.54.030 and 6.54.040 of this article is not required unless changes in feeder or trap locations or new feeders or traps, or a combination thereof, are requested in conjunction with a renewal.

(Ord. No. 200-13, § 2(exh. B), 5-15-2013)

A. A permittee may request modifications to an existing permit to add or otherwise change the approved locations for feeding, trapping or combination thereof. Modification applications shall be submitted on a form approved by the city.

B. Removal of feeding or trapping locations shall not require permit modification but the permittee shall inform the city of the removal of the location. The permit shall not be modified if the animal control officer makes any of the determinations set forth in Section 6.54.050 of this article.

C. Permit modifications shall be accompanied with the same documentation required for an initial permit application.

D. Noticing shall be required if a new location is requested for a feeder, trap, or combination thereof. Relocation of any feeder, trap, or combination thereof shall require a new notice to be sent as required by Sections 6.54.030 and 6.54.040 of this article.

(Ord. No. 200-13, § 2(exh. B), 5-15-2013)

A. Standards of care: The city may enforce the standards of care applicable to TNR partners, feral cat caregivers and TNR individuals in accordance with the city's administrative citation process or may refer violations of the standards of care to the appropriate TNR partner or TNR individual for assistance in correcting the violations. Nothing in this subsection is intended to restrict the remedies available to the city for a violation of the requirements of this article or the TNR programs regulations and guidelines.

B. Revocation of permit: In addition to any other remedy available to the city, the city may revoke the permit of a TNR partner or TNR individual if the animal control officer determines that the TNR partner, TNR individual or a feral cat caregiver have violated the provisions of this article or the TNR program regulations and guidelines.

C. Complaints: Any person may file a written complaint with the animal control officer regarding any permit issued under this article. Upon receipt of such a complaint, an investigation will be initiated by the city regarding the allegations in the complaint.

(Ord. No. 200-13, § 2(exh. B), 5-15-2013)

A cat not trapped through the city's TNR program is prohibited from being released into the city or otherwise allowed to roam free in the city, whether or not the release occurs on private or public property. Any person violating this section shall be guilty of a misdemeanor punishable in accordance with Section 1.12.020 of this Code.

(Ord. No. 200-13, § 2(exh. B), 5-15-2013)