Sec. 6-53. - Unlawful care of feral cats; exception.

(a)

For purposes of this section the following terms shall have the following meanings:

(1)

The acronym "ACO" shall mean the Newport News Animal Control Officer or designee.

(2)

The term "caregiver" shall mean a resident of Newport News, Virginia who has been designated as a feral cat caregiver by the ACO pursuant to the provisions of this ordinance, and who accepts responsibility for expenses associated with providing care to feral cats.

(3)

The term "cat" shall mean a feline over the age of sixteen (16) weeks.

(4)

The term "feral cat" shall mean any cat that is not or has never been owned by a person, or was formerly owned and has been abandoned.

(5)

The term "feral cat colony" shall mean a group of feral cats who generally live outdoors and have little or no human contact.

(6)

The term "kitten" shall mean a feline sixteen (16) weeks of age or under.

(b)

Except as provided in this section, it shall be unlawful for any person to provide food, water, or other forms of sustenance and care to feral cats, unless such person is a resident of Newport News and has been designated as, and is currently appointed, a caregiver by the ACO.

(c)

City residents desiring to provide food, water and other forms of sustenance and care to feral cats in Newport News shall annually apply to the ACO to be designated as a caregiver, and every person so designated shall comply with the provisions of this section throughout their term of appointment. There is no fee associated with applying for this designation.

(d)

Every caregiver shall comply with the following conditions with respect to feral cats or feral cat colonies for which they are a designated caregiver:

(1)

Provide documentation of (i) support by occupants of all property adjacent to the property on which feral cats will be cared for, (ii) permission by the owner(s), or their agent(s), of property on which feral cats are located to enter upon their property to provide such care, and (iii) a good faith estimate of the number of feral cats and kittens residing in the colony at the time a caregiver's designation is applied for.

(2)

Assume personal responsibility and make arrangements for feeding and providing emergency veterinarian treatment as needed to their feral cat or feral cat colony on a regular basis throughout the year, including weekends, holidays, and at such times as the caregiver is unable, for any reason, to provide such care.

(3)

Provide regular and frequent trapping of not less than two (2) times per month, through the use of humane box traps of feral cats and kittens over the age of eight (8) weeks who have not been spayed or neutered, vaccinated, and marked as provided herein. The trapped feral cats shall be spayed or neutered, vaccinated for rabies, and marked by having their ears tipped by a veterinarian professionally licensed by the Commonwealth of Virginia. It is also recommended, but not required, that all trapped feral cats be vaccinated by the veterinarian for distemper. Implantation of a micro chip for identification purposes is also recommended, but not required.

(4)

Make every attempt to remove kittens from the colony between the age of eight (8) weeks and sixteen (16) weeks for domestication and placement with a person who is willing to be the owner of same.

(5)

If possible, have all trapped feral cats and kittens tested for feline leukemia and feline immunodeficiency virus; and to have those which test positive for same humanely euthanized.

(6)

Assure that any feral cat or kitten known to have an infectious disease is not released to the outdoors.

(7)

Maintain, on an individual cat basis, documentation of all vaccinations, inoculations, medical procedures and sustenance provided to feral cats under their care, and upon request, to provide such documentation to the ACO.

(8)

Authorize veterinarians attending to feral cats or kittens under their care to release copies of all medical records with regard to such feral cats to the ACO.

(9)

Maintain protection for the feral cats and kittens sufficient to shield them from adverse weather conditions, and maintain the surrounding area free and clear of garbage, trash and debris.

(10)

Refuse to accept the introduction of new cats to an existing registered feral cat colony without permission of the ACO.

(11)

Insure that a feral cat colony for which a person has been designated a caregiver does not exceed twenty (20) cats.

(e)

In the event a caregiver is found by the ACO to have violated any provision of this chapter, or failed to comply with any of its provisions, the ACO may require the caregiver to cease, desist and rectify their violation, or terminate their designation as a caregiver, depending on the severity of the violation. If abatement of the violation is appropriate, the caregiver shall be issued a notice of non-compliance specifying that the caregiver has forty-eight (48) hours within which to provide a written response to the ACO specifying the steps to be taken by the caregiver to come into compliance with the provisions of this chapter within a thirty-day period. The ACO may grant one (1) thirty-day extension if the caregiver demonstrates a good faith effort to comply, and the ACO feels that compliance may be achieved within the thirty-day extension period. The caregiver shall make an action report to the ACO at the end of each thirty-day period or when compliance is achieved, whichever occurs first. If the ACO determines that the violation is sufficiently serious to warrant termination of the caregiver designation, a notice of such termination shall be provided to that person.

(f)

If compliance with the provisions of this chapter is not achieved as provided in subsection (d) of this section, or if termination as a caregiver is otherwise warranted, the ACO shall cause a notice of termination to be either personally delivered to the caregiver or mailed to the caregiver by certified mail, return receipt requested, at the address provided by the caregiver on their current application for such designation. Compliance with this subsection by personal delivery shall be effective upon delivery; compliance with this section by mailing shall be effective on the day first delivered to the recipient's address. Termination of designation as a caregiver by the ACO may be appealed to the city manager's office by such person by providing notice of the appeal in writing stating the basis for the appeal within ten (10) calendar days of delivery of the notice of termination as required in this subsection.

(g)

For purposes of this chapter, and except as provided in this section, a person who has been designated as a caregiver shall not be considered an owner or a custodian of the feral cats for which they are providing care.

(h)

The provisions of this section do not grant to caregivers any authority to enter upon the property of others without the property owner's permission.

(i)

In the event the ACO becomes aware, either through a complaint or personal observation, of a feral cat or feral cat colony, he shall make a reasonable attempt to determine if a suspected feral cat or feral cat colony has a caregiver who will comply with this section. If, after making such an attempt, no caregiver is identified or is willing to comply with the provisions of this section, the ACO shall take all necessary action to obtain permission from the property owner(s) to enter upon the property to capture and remove the feral cats, and to dispose of the captured cats in accordance with the provisions of this chapter for the disposal of impounded animals.

(j)

Neither feral cats nor feral cat colonies may be maintained on property owned or controlled by the city.

(Ord. No. 6107-05, § 1)