CITY OF DELAND FLORIDA REQUEST FOR COMMISSION ACTION May 20 2013 Department Community Development Attachments Subject First Reading of Ordinance X Ordinance Amending Chapter 4 of the Code re X Forms for establishing the program Animal Control to Provide for a Cat Colony Caregiver Program for Stray Abandoned Cats Prepared by Dale Arrington j Yt iluftj r Approved by Department Head City Manager SUMMARY HIGHLIGHT When the City Commission provided direction regarding the future of the Second Chance program at their meeting on October 22 2012 the Commission also indicated that they wanted to consider the establishment of a TNR Trap Neuter Return program to eventually reduce the number of free roaming cats within the City of DeLand Chapter 4 Animal Control of the City Of DeLand s Code of Ordinances provides that an owner may have up to four adult cats andor dogs at their residence and that the animals are to be vaccinated licensed spayed or neutered some exceptions may apply and kept on the property or be under restraint at all times Free roaming cats are not permitted In 2008 city staff became aware that the number of free roaming cats in DeLand was increasing and attributed this to a variety of causes including declining economic conditions and increasing community awareness regarding and use of TNR type practices In 2010 the City Commission considered an amendment to Chapter 4 to allow designated cat colony caregivers to exceed the four animal requirement however this ordinance was not adopted in part because animal care givers found the proposed requirements too restrictive in that all animals needed to be maintained in an enclosed site Nonetheless the City Commission did establish a sterilization rebate program for persons who sterilized and ear tipped feral cats found inside the City and 299 free roaming cats have been sterilized under this program since 2010 This program is different than the Pet Vet Cruiser which provides low cost sterilization of both pet dogs and cats to low income residents Currently City staff enforces the requirements about keeping cats under restraint by complaint only and works diligently to seek out alternative solutions to trapping free roaming cats When free roaming cats must be trapped they are taken to the Second Chance facility to await adoption by a rescue organization Staff has had numerous meetings with local rescue organizations A common theme expressed is that TNR will reduce shelter admissions costs and euthanasia rates decrease nuisance complaints allow cat colonies to be recognized thereby enabling better management and provide access to grant funding and volunteer participation Attached is an ordinance amending Chapter 4 Animal Control of the DeLand Code of Ordinances by creating a new subsection 4 71 to be titled Designated Cat Colony Caregivers
Page 2 of 3 May 20 2013 SUBJECT Consideration of Ordinance Amending Chapter 4 Animal Control to provide for a Cat Colony Caregiver Program for StrayAbandoned Cats This ordinance allows an individual to establish a cat colony on private land either under the caregiver s ownership or with the permission of a different landowner providing the caregivers agree to adhere to the following 1 Designated cat colony caregivers shall feed the colony regularly throughout the year including all weekends and holidays in a controlled manner which will not cause the property to be strewn with trash debris or litter 2 Sterilize and vaccinate all adult cats that are brought to the colony 3 All cats over 8 weeks of age shall be sterilized before they reach 16 weeks of age 4 All kittens that are born at the colony shall be removed from the colony at 8 weeks of age for domestication and placement 5 All cats that have been sterilized and vaccinated against rabies shall have their ears tipped by a licensed veterinarian 6 Designated cat colony caregivers shall remove sick and or injured cats from the colony for immediate veterinary care or humane euthanasia 7 The designated cat colony caregiver shall maintain proof of sterilization vaccination and medical records for all cats These records must be provided to the Deland Police Department Animal Control Section upon request Current Deland regulations allow an individual to have four adult animals However under this scenario an individual or organization may register as a designated cat colony caregiver and exceed this number All cats are required to be sterilized vaccinated and ear tipped Individuals would register to be a designated cat colony caregiver and would agree to sterilize and vaccinate all cats remove sick and injured cats from the colony for immediate veterinary care maintain the colony in a clean condition feed the colony regularly including all weekends and holidays maintain proof of sterilization and vaccination records and remove any kittens from the colony by eight weeks of age for domestication and placement Because cats are to be sterilized kept on the premises and the colony checked daily for feeding there should be minimal problems with a colony In the event that the colony is not tended to as outlined above the caregiver will be given an opportunity to correct the situation prior to removal of the colony STRATEGIC PLAN FOCUS AREVACTION STEP Not Applicable SUSTAINABILITY Not applicable FISCAL IMPACT Costs associated with this program will be provided through existing personnel It is hoped that volunteers will be found to help manage the program If not additional funding may be requested for program management and secretarial assistance RECOMMENDATION It is recommended that the City Commission approve the Ordinance
Page 3 of 3 May 20 2013 SUBJECT Consideration of Ordinance Amending Chapter 4 Animal Control to provide for a Cat Colony Caregiver Program for StrayAbandoned Cats BACKGROUND DISCUSSION At a Community Partners Meeting in November 2008 numerous residents voiced concerns regarding pet overpopulation particularly the number of strayabandoned cats the need to reduce the number of animals that are euthanized and the need to reduce animal control costs Since that meeting the City Commission adopted a Spay Neuter Ordinance effective on September 30 2009 and established the Second Chance program to address these issues The City Commission has also provided annual funding for low income city residents to use the low cost spay neuter program run by the Pet Vet Cruiser and provided an annual appropriation for individuals to sterilize feral cats found within the City limits Since 2008 various animal groups have requested that the City Commission authorize a Trap Neuter Return TNR program for cats Staff believes that there are approximately six to ten feral cat colonies being managed within the city limits by various groups In preparing the attached ordinance staff researched a variety of ordinances and TNR program procedures in place throughout Florida including but not limited to Port Orange Sarasota County Palm Beach Destin Jacksonville Tallahassee and Ponce Inlet The attached ordinance and procedures were derived from existing programs Following adoption of the ordinance staff will host a community meeting of rescue groups and potential colony care givers to explain the rules and encourage compliance ITEM SUMMARY The City Commission is requested to consider an ordinance that would allow cat colonies for strayabandoned cats to be established on private property providing certain requirements are met
ORDINANCE NO 2013 AN ORDINANCE OF THE CITY OF DELAND FLORIDA AMENDING CHAPTER 4 OF THE CODE OF ORDINANCES OF THE CITY OF DELAND ENTITLED ANIMAL CONTROL PROVIDING FOR A NEW SECTION 471 DESIGNATED CAT COLONY CAREGIVERS PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE WHEREAS in 2008 the Halifax Humane Society sheltered 14 582 dogs and cats of which 9866 were euthanized 3083 were adopted and 876 were returned to owners and WHEREAS in 2008 578 dogs and cats impounded at the Halifax Humane Society originated from the City of DeLand and WHEREAS the City of DeLand s Second Chance Program was begun on July 20 2009 and since its inception through April 01 2013 57 cats went through this facility and WHEREAS on April 19 2010 the DeLand City Commission established a rebate program for the sterilization of feral cats and 299 cats have been sterilized through this program through April 12 2013 and WHEREAS the City Commission of the City of DeLand would like to reduce the number of cats that are impounded and euthanized and WHEREAS the City Commission of the City of DeLand hereby finds that this ordinance furthers the health safety and welfare of the citizens and animals of the City of DeLand NOW THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF DELAND FLORIDA Section 1 Chapter 4 of the Code of Ordinances of the City of DeLand the Code hereby amended by creating a new section 471 to read in full as follows is Sec 471 Designated Cat Colony Caregivers a Registration All cat colony caregivers are required to register with the Animal Control Section of the DeLand Police Department by completing a designated cat colony caregiver agreement which agreement provides consent of the property owner registers the cat colony and provides the City of DeLand with the authority to enter the property to inspect the cat colony and to remove the cats in accordance with this Section 471 b Requirements The limitation on the number of animals that can be kept at any residence provided for in Section 47 shall not apply to designated cat colony caregivers properly registered with the City of DeLand and operating in accordance with the requirements of this Section 471 1 Designated cat colony caregivers shall feed the colony regularly throughout the year including all weekends and holidays in a controlled manner which will not cause the property to be strewn with trash debris or litter 2 All adult cats shall be sterilized and vaccinated prior to being placed in the colony 3 All kittens brought to the colony shall be sterilized before they reach 16 weeks of age 4 All kittens that are born at the colony shall be removed from the colony at 8 weeks of age for domestication and placement 5 All cats that have been sterilized and vaccinated against rabies shall have their ears tipped by a licensed veterinarian
c d 6 Designated cat colony caregivers shall remove sick andor injured cats from the colony for immediate veterinary care or humane euthanasia 7 The designated cat colony caregiver shall maintain proof of sterilization vaccination and medical records for all cats These records must be provided to the DeLand Police Department Animal Control Section upon request Removal of the Colony In the event the designated cat colony caregiver fails or refuses to comply with any of the provisions of this Section 4 71 the registered cat colony caregiver shall be given reasonable notice of the Animal Control Sections findings The registered cat colony caregiver will be afforded an opportunity to correct or improve the situation If such efforts do not satisfy the Animal Control Section the colony will thereafter be removed without further notice Removal of Sick or Nuisance Animals The Animal Control Section of the DeLand Police Department has the right to immediately seize and remove any member of a registered colony for the following reasons 1 Public health and public safety concerns including rabies other epizootic and certain diseases identified by the Public Health Unit 2 The colony creates a public nuisance as provided in Section 43k2 4 6 or as otherwise determined to be in the best interest of the City in the sole determination of the DeLand Police Department Animal Control Section Section 2 If any section sentence clause or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction that holding shall in no way affect the validity of the remaining portions of this Ordinance Section 3 All ordinances or parts of ordinances in conflict wherewith are to the extent of such conflict hereby repealed Section 4 This Ordinance shall become effective immediately upon its adoption PASSED AND DULY ADOPTED this day of 2013 ATTEST Robert F Apgar Mayor Commissioner Julie A Hennessy City Clerk Auditor Passed on first reading Adopted on second reading APPROVED AS TO FORM AND LEGALITY Darren J Elkind City Attorney
CAT COLONY REGISTRATION 1 GENERAL DESCRIPTION AND ADDRESS OF COLONY LOCATION 2 NAME OF DESIGNATED COLONY CARE GIVER S 3 DESIGNATED COLONY CARE GIVER s ADDRESS 4 DESIGNATED COLONY CARE GIVER TELEPHONE NUMBERS HOME WORK CELL 5 DESIGNATED COLONY CARE GIVER EMAIL ADDRESS 6 DESIGNATED COLONY CARE GIVER AGREEMENT IS ON FILE WITH POLICE DEPARTMENT CHECK ONE YES NO 7 NAME OF PROPERTY OWNER 8 PROPERTY OWNER MAILING ADDRESS 9 PROPERTY OWNER TELEPHONE NUMBER HOME WORK CELL 10 CONSENT OF PROPERTY OWNER HAS BEEN OBTAINED CHECK ONE YES NO 11 PROPERTY OWNER CONSENT FORM IS ATTACHED CHECK ONE YES NO 12 PRINT THE NAMES AND TELEPHONE NUMBERS OF ALL VOLUNTEERS AUTHORIZED TO TRAP TRANSPORT RETURN AND CARE FOR THIS COLONY NAME TELEPHONE 1 2 3
DESIGNATED COLONY CAREGIVER AGREEMENT A The undersigned hereby commits to care for and maintain a feral cat colony The undersigned shall consult with the DeLand Police Department to register a free roaming cat colony The undersigned shall identify for the City of DeLand all cat colonies under his her control and care for and monitor the colony by doing the following 1 Register the colony with the DeLand Police Department and provide the land owner s consent foml for the placement of a colony on their property 2 Feed the colony regularly throughout the year including ALL weekends and holidays in a controlled manner which will not cause the property to be strewn with trash debris or litter 3 Sterilize and vaccinate against rabies all adult cats All cats that have been sterilized and vaccinated against rabies shall have their ears cropped by a licensed veterinarian with a single cut on the left ear at least one 1 inch from the outside tip of the auricle 4 Make every attempt to sterilize all kittens over eight 8 weeks of age and before they reach sixteen 16 weeks of age 5 Make every attempt to remove kittens from the colony before eight 8 weeks of age for domestication and placement 6 Make every attempt to remove sick or injured cats from the colony for immediate veterinarian care or humane euthanasia 7 Maintain proof of sterilization vaccination and medical records for all cats These records must be provided to the DeLand Police Department upon request B The undersigned understands that the City of DeLand has the right to immediately seize and remove any colony for the following reasons 1 Public health and public safety concerns including rabies and certain diseases identified by the County Public Health Unit as a legitimate threat to the public health 2 Neighborhood complaints of the colony creating a public nuisance as defined in by the City of DeLand Code of Ordinances C D In the event the designated colony care giver fails or refuses to comply with any of the provisions of Paragraph A above the designated colony care giver shall be given reasonable notice of the Police Department s intent to remove the colony The designated colony care giver will be afforded reasonable opportunity to correct or improve the situation however if such efforts do not satisfy the City of DeLand the colony will thereafter be removed without further notice The undersigned understands agrees and acknowledges that caring for and maintaining a cat colony could result in bodily injury or death and or property damage to the property upon which the colony is located or to personal property The undersigned agrees to indemnify hold harmless and defend the CITY its employees volunteers representatives and officials both elected and appointed from and against all liability and expense including reasonable attorney s fees through and including all appeals in property or loss of use resulting therefrom arising out of or resulting from your involvement in the care and maintenance of any cat colony The undersigned also understands and agrees that neither heshe nor any of the other individuals assisting with the care and maintenance of the cat colonies are employees or volunteers ofthe City of DeLand nor are they associated in any manner with the City of DeLand DESIGNATED COLONY CARE GIVER PRINTED NAME DATE DESIGNATED COLONY CARE GIVER SIGNATURE TELEPHONE NUMBER ASSOCIATED NON PROFIT GROUP If Applicable DATE ASSOCIATED NONPROFIT OFFICER SIGNATURE TELEPHONE NUMBER S
PROPERTY OWNER CONSENT Property Address Property Parcel ID if available A B I am the fee simple owner of the above referenced property and I agree and consent to the location and maintenance of a cat colony on said property I understand that the City of Deland has the right to immediately seize and remove any colony for the following reasons 1 Public health and public safety concerns including rabies and certain diseases identified by the County Public Health Unit as a legitimate threat to public health 2 Neighborhood complaints of the colony creating a public nuisance as defined in the City of DeLand Code of Ordinances C D I understand that in the event the designated colony caregiver fails or refuses to comply with any of the provisions of Designated Colony Caregiver Agreement the designated colony caregiver will be given reasonable notice by the City of DeLand of intent to remove the colony I further understand that the designated colony caregiver will be afforded reasonable opportunity to correct or improve the situation however if such efforts do not satisfy the City of DeLand the colony will thereafter be removed without further notice I understand agree and acknowledge that allowing my property to be utilized as a cat colony could result in bodily injury death and or property damage I agree to indemnify hold harmless and defend the CITY its employees volunteers representatives and officials both elected and appointed from and against all liability and expense including reasonable attorney s fees through and including all appeals in connection with any and all claims by myself or others for bodily injury sickness disease death or personal injury or damage to property or loss of use resulting therefrom arising out of or resulting from my consent for the subject property to be used for the location and maintenance of a free roaming cat colony I further understand that the designated colony caregiver and the other individuals assisting that caregiver are not employees or volunteers of the City of DeLand nor are they associated in any manner with the City of DeLand PROPERTY OWNER PRINTED NAME PROPERTY OWNER SIGNATURE DATE TELEPHONE
TRAP NEUTER RETURN TNR GUIDELINES 1 Trap the cat 2 Take to veterinarian or spayneuter clinic that you are working with for spay and neuter 3 Spay or Neuter 4 Vaccinate for Rabies and Distemper FVRCP 5 Tip the cat s ear so it can be easily identified as a colony cat 6 Set up feeding location andor feeding station Covered stations are encouraged 7 NO PAPER PLATES NO FOOD CANS ETC 8 Water is provided at each feeding station in a 5gallon bucket that has been cut down or in a similar container 9 FOOD AND WATER IS PROVIDED ONCE PER DAY CATS SHOULD BE FED IN THE MORNING TO PREVENT RACCOON INTRUSTION a Dry food is preferred b Fill each plate or feeding bowls each morning c Wet food can be placed at the corners of the drop plate wet food is not recommended and should only be used for special needs cats that cannot eat dry food d If feeding at night remove food after cats have eaten to avoid attracting raccoons that could injure cats or that carry communicable diseases NO CANS OR PLATES OF CAT FOOD SHOULD BE PLACED RANDOMLY AROUND FEEDING AREA Note If station has food from day before and it is still good just add new food to what is already there Note If food from day before needs to be discarded this should be done in a dumpster on the property if available or in a trash container or a trash bag that is removed when caretaker leaves the station NO TRASH SHOULD EVER BE LEFT AT THE FEEDING AREA 10 Dust the area in and around the feeding station with Sevin Dust during the months of May through October to prevent ants and fleas from infesting the area Note Cats that can be approached should be treated with flea medications such as Advantage or Revolution make sure that any medications are for cats only 11 Cat colonies need to be monitored every day for new sick or injured cats Note New cats that have been dropped at the colony should be trapped examined and treated as required Note Sick and injured cats need to be trapped and provided with veterinary care as soon as possible as cats should never be allowed to suffer 12 Communication between program coordinators caretakers trappers and veterinarians is the key to success for any TNR program