City of Battle Creek

608.30 Feral Cats

Draft 3/16/17

608.01 DEFINITIONS. The following definitions would be added

(h) Caregiver means any person who provides food, water, shelter or necessary medical
care to or otherwise cares for an animal or feral cat colony.
(l) Ear Tipping means straight-line cutting of the tip of the left ear of a cat while the cat is
anesthetized for the purpose of identifying cats in a colony.
(m) Feral means a type of animal that is normally domesticated but who currently exists in
a wild or untamed state.
(n) Feral Cat Colony or colony means a group of feral cats that congregate. Although
not every cat in a colony may be feral, any nonferal cats that routinely congregate with a colony
shall be deemed to be a part of it once it has been impounded at the municipal animal shelter
for seven days as a stray and released back into the colony.
(x) Nuisance when used in Section 608.30 means disturbing the peace by:
(1) Habitually or continually howling, crying or screaming;
(2) The habitual destruction of property against the wishes of the owner of the
property; or
(3) Generating, from residents of the neighborhood, more than one complaint
within a sixty day period.
(oo) TNR means trap, neuter and return.
(pp) "TNR Program means a program pursuant to which cats are trapped or physically
captured; neutered or spayed; vaccinated against rabies; eartipped; and returned to the
current location where they congregate.

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608.30 FERAL CATS. New section to Chapter 608 Animals
(a) Feral cat colonies shall be permitted, and the caregiver shall be entitled to maintain them
so long as it is in accordance with the terms and conditions of this section.
(b) Animal Control requirements. It shall be the duty of Animal Control to:
(1) Conduct a thorough review to determine if the caregiver has the capability to
meet the requirements of Section 608.30(c);
(2) Help to resolve any complaints over the conduct of a colony caregiver or of cats
within a colony; and
(3) Maintain records provided by colony caregivers on the size and location of the
colonies, the vaccination and spay/neuter records, as well as the number of cats
with an electronic animal identification device (EAID) in the caregiver's colonies.
(c) Feral cat caregiver requirements. The caregiver shall be responsible to:
(1) Submit the feral cat colony for registration with the Battle Creek Police
Department and pay the registration fee as set by the Fee, Bond and Insurance
Schedule;
(2) Take steps that are reasonably likely to result in the vaccination of the colony
population for rabies and making reasonable efforts to update the vaccinations
on cats that can be recaptured;
(3) Take steps that are reasonably likely to result in the spaying/neutering, by a
licensed veterinarian, of at least 90% of the colony population. In facilitating the
spaying/neutering of cats, caregivers shall be presumed to have acted in good
faith in concluding that cats routinely congregating within the colony are feral;
(4) Take steps that shall result in ear tipping the left ear of a colony cat that has been
spayed or neutered and vaccinated;
(5) Take steps that shall result in an electronic animal identification device (EAID)
being inserted into the cat by a veterinarian in accordance with professional
medical standards. The caregiver shall be the named contact for purposes of the
EAID and provide the EAID number to Animal Control;
(6) Provide Animal Control with descriptions of each cat in the colony and copies of
documents evidencing that the cats have been vaccinated and spayed/
neutered;
(7) Provide daily food and water for the colony cats;

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 (8) Observe the colony cats at least twice per week and keep a record of any
illnesses or unusual behavior noticed in any colony cats;
(9) Obtain proper medical attention to any colony cat that appears to require it;
(10) Obtain the written approval of the owner of any property, to which the
caregiver requires access to provide colony care;
(11) In the event that kittens are born to a colony cat, take reasonable steps
likely to result in the removal of the kittens from the colony after they have been
weaned and place the kittens in the Calhoun County Animal Center for the
seven-day stray period required by the state before the animals are placed in
homes or foster homes for the purpose of subsequent permanent placement;
(12) Make reasonable efforts to find permanent inside homes for colony cats
who exhibit the potential for acclimating to such a placement;
(13) Report biannually, in writing, to Animal Control on the status of the
colony, including data on the number and gender of all cats in the colony, the
number of cats that died or otherwise ceased being a part of the colony during
the year; the number of kittens board to colony cats and their disposition and
the number of cats and kittens placed in permanent homes as companion cats;
and
(14) The caregiver shall be responsible for all fees and charges incurred as a
result of the caregiver responsibilities of this section.
(d) Relocation.
(1) No animal trapped or impounded by Animal Control due to a resident complaint
may be released into a feral cat colony.
(2) No animal may be relocated into a feral cat colony more than three City blocks
from the actual location that the cat was trapped or impounded.
(3) Only feral cats located within the City of Battle Creek may be introduced into a
feral cat colony in the City of Battle Creek.
(e) Disposition of colony cats.
(1) An Animal Control Officer who has trapped or impounded a cat whose left ear
has been tipped or who bears some other distinguishing mark indicating that the
cat belongs to a feral cat colony shall scan the cat for an EAID. If an EAID if found,
then the Officer shall contact the caregiver/owner or other person responsible
for the cat.

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 (2) Once contacted, the caregiver shall be responsible for retrieving the cat from the
Animal Control Officer, or, if the Animal Control Officer has delivered the cat to
the Calhoun County Animal Center, the caregiver shall retrieve the cat from the
Calhoun County Animal Center within seven business days of notification or shall
advise the Calhoun County Animal Center if the caregiver does not intend to
retrieve the cat.
(3) The caregiver shall be responsible for any fees charged by a veterinarian or the
Calhoun County Animal Center for medical care or shelter.
(f) Registration of feral cat colonies.
(1) Within ten days of choosing to care for a feral cat, the caregiver shall register the
feral cat colony in the manner set forth in section (c) of this chapter.
(2) Upon initial application of an approved caregiver to register a colony, the
caregiver shall take steps to comply with section (c) of this chapter. Following
compliance with 608.3(c) of this chapter, Animal Control may grant provisional
registration to the registered colony, entitling the caregiver and the colony to all
benefits and protections set forth in this article.
(3) Within a sixty-day time period following provisional registration, the caregiver
shall follow the required procedures as set forth in this section with respect to
the registered colony. Upon satisfactory completion, Animal Control shall grant
full registration to the colony. If there is not full compliance, then it shall revoke
the provisional registration of the colony.
(4) Feral cat colonies within the City that are not registered by the caregiver, either
provisionally or fully, are not entitled to any benefits or protections set forth in
this article.
(g) Enforcement.
(1) Regardless of registration status, nothing in this section shall interfere with the
Citys ability to:
i. Seize/remove a cat from a colony that is creating a nuisance as defined
above.
ii. Seize/remove a feral cat colony when the caregiver fails to comply with
the requirements of Section 608.30(c) within ten (10) days after written
notice of noncompliance has been sent by regular mail or delivered
personally to the caregiver.
(2) Neither the City of Battle Creeks Animal Control Officers or police officers are
subject to any notice requirements or when acting under the direction of the

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 Michigan Department of Health and Human Services or the Calhoun County
Health Department.
(3) No provisions in this article are intended to interfere with the ability of Animal
Control Officers to comply with other existing law.
(4) Any caregiver, person, society, agency or humane group who violates or fails to
comply with any of the provisions of this section is responsible for a Class C Municipal
Civil Infraction and shall be subject to the civil fine set forth in Section 202.98 and the
Court may suspend or revoke the caregivers registration as part of the judgment of
sentence for a finding of responsibility of the civil infraction. A separate offense shall be
deemed committed each day during or on which a violation or noncompliance occurs or
continues. The City may also temporarily suspend or permanently revoke the
license of any caregiver for failure to comply with the provisions of this section.
(h) Existing colonies; time limit for compliance.
The caregiver/owner of any feral cat colony formed prior to the adoption of this section will
have 60 days after the adoption of this section to notify Animal Control of any and all colonies
in the City and to apply for provisional registration and shall be given an additional sixty days
after application to comply with all sections of this article.
(i) Feeding, trapping and impounding animals.
(1) Only residents and property owners in the City of Battle Creek may feed animals
outdoors on the property they own or on which they reside, and only during
daylight hours. All food taken outside to feed the animals must be removed and
properly disposed of in a sealed receptacle at all other times.
(2) Only residents and property owners in the City of Battle Creek may trap cats
when on the property they own or on which they reside, and with approval from
Animal Control. Trapping, when permitted by local and/or state law and in
accordance with local and/or state law, may only be conducted during the hours
of 6:00 p.m. Sunday through 12:00 p.m. Thursday; no trapping shall be permitted
on holidays, weekends or between the hours of 10:00 p.m. and 7:00 a.m.
Monday through Thursday. Prior to engaging in the approved trapping, the
resident or property owner must provide prior notification to Animal Control not
less than 24 hours in advance. Traps must be set in an adequate location to
reduce harm to the animal and the public. Notification shall be made to Animal
Control immediately following the capture of a cat. This provision shall not apply
to Animal Control Officers.
(3) Only traps approved by Animal Control may be used in the City of Battle Creek.

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 (4) Any person, society, agency or humane group must register with Animal Control
for prior written approval of any trapping. Upon approval, the person, society,
agency or humane group must identify the location of trapping, the type of
animal sought, the length of time trapping and how many animals are at that
location and must comply with all other provisions of this article.
(5) No person, other than a City Animal Control Officer shall impound a stray animal
found within the City of Battle Creek. Any person who violates or fails to comply
with any of the provisions of this section is responsible for a Class C Municipal
Civil Infraction and shall be subject to the civil fine set for in Section 202.98

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