Borough of Wharton, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Health of the Borough of Wharton as indicated in article histories. Amendments noted where applicable.]
Article I Dogs

§ 343-1 Title.

§ 343-2 Definitions.

§ 343-3 License required.

§ 343-4 Application requirements; license term.

§ 343-5 Licensing age; renewal; tag.

§ 343-6 Restrictions on issuance of license.

§ 343-7 Proof of licensing.

§ 343-8 Rabies inoculation required.

§ 343-9 Free inoculations.

§ 343-10 Exceptions.

§ 343-11 License fee.

§ 343-12 Removal of tag prohibited; use of tags.

§ 343-13 Regulations.

§ 343-14 Access to premises; seizure of dogs.

§ 343-15 Impoundment.

§ 343-16 Notice of seizure; contents; service.

§ 343-17 Destruction of certain dogs.

§ 343-18 Redemption; impounding fees; maintenance charge.

§ 343-19 Running at large.

§ 343-20 Defiling of property.

§ 343-21 Barking dogs.

§ 343-21.1 Violations and penalties.

Article II Cats

§ 343-22 Title.

§ 343-23 Definitions.

§ 343-24 License required.

§ 343-25 Application requirements; license term.

§ 343-26 Licensing age; renewal; tag.

§ 343-27 Restrictions on issuance of licenses.

§ 343-28 Proof of licensing.

§ 343-29 Rabies inoculation required.

§ 343-30 Free inoculations.

§ 343-31 Exceptions.

§ 343-32 Fees; disposition of license monies.

§ 343-33 Removal of tag prohibited; use of tags.

§ 343-34 Regulations.

§ 343-35 Access to premises; seizure of cats.

§ 343-36 Impoundment.

§ 343-37 Notice of seizure; contents; service.

§ 343-38 Destruction of certain cats.

§ 343-39 Redemption; impounding fees; maintenance charge.

§ 343-40 Violations and penalties.

[Sec. 15-8 of the Revised General Ordinances]

§ 343-1 Title.

The short title of this article shall be the "Dog Ordinance of the Borough of Wharton."

§ 343-2 Definitions.

As used in this article, the following terms shall have the meanings indicated:
DOG
Any member of the canine species, male or female.
OWNER
The person or persons owning, controlling, keeping or harboring a dog.
RUN AT LARGE
Any dog off and not on the premises of the owner.
STRAY DOG
A dog having no known owner, custodian or identification.

§ 343-3 License required.

[Amended 5-4-2009 by Ord. No. O-01-09]
No person shall own, keep or harbor any dog over the age of seven months within the Borough without obtaining a license therefor, to be issued by the Borough Clerk upon application by the owner and payment of the prescribed fee.

§ 343-4 Application requirements; license term.

A. 
The application shall state the breed, name, sex, age, color and markings of the dog for which the license is sought and whether such dog is of long- or short-haired variety and whether it has been surgically debarked or silenced. The application shall also state the name and address of the owner and of the person who shall keep, harbor or control the dog.
[Amended 5-4-2009 by Ord. No. O-01-09]
B. 
No license or tag shall be issued for any dog unless the owner thereof produces a certificate of inoculation stating that the dog to be license has been inoculated against rabies, except as provided in § 343-10. Inoculation certificates that expire before the end of the licensure period are considered acceptable for licensing, provided the expiration date is no more than two months prior to the end of the licensure period. All dog licenses shall expire on January 31 of every year.

§ 343-5 Licensing age; renewal; tag.

[Amended 5-4-2009 by Ord. No. O-01-09]
Any person who owns, keeps or harbors a dog of licensing age shall, within 10 days after he obtains possession of such dog and annually thereafter in the month of January, apply for and procure from the Clerk an official license tag for each dog owned, kept or harbored and shall place upon each such dog a collar or harness with the registration tag securely fastened thereto.

§ 343-6 Restrictions on issuance of license.

A maximum of five dog, cat, or a combination thereof, licenses shall be issued to any one household. Dog licenses may be issued to a minor.

§ 343-7 Proof of licensing.

Proof of licensing shall be produced by any person owning, keeping or harboring a dog upon the request of any health official, police officer, animal control officer or other authorized persons.

§ 343-8 Rabies inoculation required.

A. 
Any person who shall own, keep or harbor a dog shall procure and possess a veterinarian's certificate indicating that such a dog has been inoculated against rabies and setting forth the date of such inoculation and the duration of immunity.
B. 
The inoculation shall be made by a duly licensed veterinarian of the State of New Jersey or by such other veterinarian permitted by law to make same. The vaccine used shall be of a type approved by the United States government agency responsible for licensing manufacturers of veterinary biologicals. Each dog shall be inoculated against rabies each year, unless the veterinarian's certificate indicates a longer period of effectiveness.
C. 
The certificate of inoculation shall be produced by any person owning, keeping or harboring a dog upon the request of any health official, police officer, animal control officer or any other authorized person.

§ 343-9 Free inoculations.

The Department of Health is hereby authorized and shall conduct an annual free rabies inoculation clinic for dogs.

§ 343-10 Exceptions.

Any dog may be exempted from the requirements of such vaccination for a specified period of time by the Department of Health upon presentation of a veterinarian's certificate stating that, because of any infirmity or other physical condition or regimen of therapy, the inoculation of such dog shall be deemed inadvisable.

§ 343-11 License fee.

A. 
The person applying for the license shall pay a fee of $15.80 for the dog license for each dog owned by him/her and the sum of $1 for the registration tag of each dog. A dog that has been spayed or neutered shall, upon proof of certificate signed by a licensed veterinarian, receive a reduced fee of $12.80 for the dog license and $1 for the registration tag. An additional fee of $0.20 shall be added to the licensing fee for the state's Pilot Clinic Fund. A dog may also receive the reduced rate if proof of reason that to spay or neuter would jeopardize the dog's health is certified by a licensed veterinarian and presented at the time of licensing. A delinquent fee of $5 per month per dog shall be added to a dog's renewal license fee for license issued five working days after the Borough's current year's free rabies clinic.
[Amended 11-2-2009 by Ord. No. O-18-09]
B. 
All monies received by the Borough for the licensing of dogs pursuant to the provisions of this article shall be paid to the Borough Treasurer for rabies prevention in similar fashion to N.J.S.A. 4:19-15.11.

§ 343-12 Removal of tag prohibited; use of tags.

No person except an official in performance of his duties shall remove a license or metal tag from the collar or harness of any dog without the consent of the owner, nor shall any person attach a license tag to a dog for which it is not issued.

§ 343-13 Regulations.

A. 
Abandoning dogs. No person shall abandon any dog within the Borough.
B. 
Interference with officials. No person shall hinder, molest or interfere with anyone authorized or empowered to perform any duty under this article.

§ 343-14 Access to premises; seizure of dogs.

Any officer or agent authorized or empowered to perform any duty under this article shall be hereby authorized to enter any premises to seize for impoundment any dog or dogs which he may lawfully seize and impound when such officer is in immediate pursuit of such dog or dogs, except upon the premises of the owner of the dog if such owner is present and forbids same.

§ 343-15 Impoundment.

[Amended 5-4-2009 by Ord. No. O-01-09]
The Animal Control Officer shall take into custody and impound or cause to be impounded and thereafter to be destroyed or offered for adoption, as provided in § 343-16, any dog off the premises of the owner or of the person keeping or harboring the dog on complaint of the police or the resident of the premises to which the dog has strayed as well as any dog which the Animal Control Officer has reason to believe is abandoned, diseased, injured or running at large.

§ 343-16 Notice of seizure; contents; service.

A. 
If any dog so seized wears a collar with a metal license tag attached thereto having inscribed thereon the name and address of any person, or if the owner or other person keeping or harboring the dog is otherwise know, the Animal Control Officer or any person authorized by him shall immediately notify the person whose address is given on the collar or harness or the person whose name is registered as the owner by telephone or mail. The notice shall state that the dog has been seized and will be liable to be offered for adoption or destroyed if not claimed within seven days after the service of the notice.
[Amended 5-4-2009 by Ord. No. O-01-09]
B. 
A notice under this subsection may be served by delivering it to the person on whom it is to be served or by leaving it at the person's usual or last known place of abode or by mailing the same to the address given on the collar or registration by regular and certified mail, return receipt requested.

§ 343-17 Destruction of certain dogs.

[Amended 5-4-2009 by Ord. No. O-01-09]
Any dog seized and impounded shall be detained for seven days, during which time notice shall be given as set forth in § 343-16. If after the dog has been detained for seven days the owner or persons keeping or harboring the dog have not claimed it and paid all expenses incurred by reason of its detention as set forth in § 343-16, and if the dog is unlicensed and of licensing age at the time of its seizure, the Animal Control Officer or any person authorized by him may cause the dog to be destroyed or offered for adoption in a manner provided by N.J.A.C. 8:23-3, Rules and Regulations Governing the Sanitary Conduct and Operation of Kennels, Pet Shops, Shelters and Pounds.

§ 343-18 Redemption; impounding fees; maintenance charge.

[Amended 11-2-2009 by Ord. No. O-18-09; 5-20-2013 by Ord. No. O-07-13]
The owner or any person having lawful rights to any impounded dog shall be entitled to redeem such dog upon furnishing satisfactory evidence of ownership to the Animal Control Officer and paying the following charges:
Impound fee (one-time fee)
$60 for the first offense, $75 for the second offense, and $100 for the third and each subsequent offense
Boarding fee (per day)
Current rate that is charged by veterinarian plus $3
Note: Boarding begins on day of seizure and includes the day owner picks up animal
Miscellaneous fees, which include, but are not limited to:
Medicine, flea or tick treatment, euthanasia, etc.
Current rate that is charged by veterinarian

§ 343-19 Running at large. [1]

[Added 5-9-2011 by Ord. No. O-08-11[2]]
It shall be unlawful for any dog, registered, unregistered, muzzled or unmuzzled, to travel unattended by at least one person, and under no control by harness, rope, leash, or other proper controlling device, upon public streets or other public or private places other than the private property of the owner of such dog.
[1]
Editor's Note: Original Section 15-8.20, Running at large, was repealed 5-4-2009 by Ord. No. O-01-09.
[2]
Editor's Note: This ordinance also provided for the renumbering of former § 343-19, Violations and penalties. See now § 343-21.1.

§ 343-20 Defiling of property.

The owner of any dog or any person having the care, custody or control of any dog which is not on property either owned or leased by the person owning or having the care, custody or control of such dog shall accompany the dog with a suitable airtight container and shall immediately upon the discharge of any fecal matter from such dog place such fecal matter in a suitable airtight container to be disposed of only upon property owned or leased by the person owning or having care, custody or control of such dog.[1]
[1]
Editor's Note: Original Sec. 15-8.22, Penalty, which immediately followed this section, was repealed 5-4-2009 by Ord. No. O-01-09.

§ 343-21 Barking dogs.

No person shall cause, allow, permit or harbor any dog that habitually barks or cries, creating a noise disturbance across a residential real property line. For the purpose of this section, noise disturbance from a barking dog may be defined as "that created by a dog barking continuously for 30 minutes or intermittently for 60 minutes or more."[1]
[1]
Editor's Note: Original Sec. 15-8.24, Penalty, which immediately followed this section, was repealed 5-4-2009 by Ord. No. O-01-09.

§ 343-21.1 Violations and penalties.

[Amended 5-4-2009 by Ord. No. O-01-09; 5-9-2011 by Ord. No. O-08-11; 5-20-2013 by Ord. No. O-07-13]
Unless otherwise provided by statute, any person who shall violate the provisions of this article shall, upon conviction thereof, be punished by a fine not exceeding $50 for the first offense, a fine not exceeding $75 for the second offense, and a fine not less than $100, nor more than $500, for the third and each subsequent offense, within any eighteen-month period.
[Sec. 15-9 of the Revised General Ordinances]

§ 343-22 Title.

The short title of this article shall be the "Cat Ordinance of the Borough of Wharton."

§ 343-23 Definitions.

As used in this article, the following terms shall have the respective meanings assigned to them hereunder:
CAT
Any member of the feline species, male or female.
OWNERS
The person or persons owning, controlling, keeping or harboring a cat.
RUN AT LARGE
Any cat off and not on the premises of the owner.
STRAY CAT
A cat having no known owner, custodian or identification.

§ 343-24 License required.

No person shall own, keep or harbor any cat over the age of six months within the Borough without obtaining a license therefor, to be issued by the Borough Clerk upon application by the owner and payment of the prescribed fee.

§ 343-25 Application requirements; license term.

A. 
The application shall state the breed, name, sex, age, color and markings of the cat for which the license is sought and whether such cat is of long- or short-haired variety. The application shall also state the name and address of the owner or the person who shall keep, harbor or control the cat.
B. 
No license or tag shall be issued for any cat unless the owner thereof produces a certificate of inoculation stating that the cat to be licensed has been inoculated against rabies, except as provided in § 343-31. Inoculation certificates that expire before the end of the licensure period are considered acceptable for licensing, provided the expiration date is no more than two months prior to the end of the licensure period. All cat licenses shall expire on January 31 of every year.

§ 343-26 Licensing age; renewal; tag.

Any person who owns, keeps or harbors a cat over the age of six months shall, within 10 days after he obtains possession of such cat and annually thereafter in the month of January, apply for and procure from the Clerk an official license tag for each cat owned, kept or harbored and shall place upon each such cat a collar or harness with the registration tag securely fastened thereto.

§ 343-27 Restrictions on issuance of licenses.

A maximum of five cat, dog, or a combination thereof, licenses shall be issued to a household, with the exception of those property owners who are registered under a farmland assessment harboring or keeping such cats for rodent control. Cat licenses may be issued to a minor.

§ 343-28 Proof of licensing.

Proof of licensing shall be produced by any person owning, keeping or harboring a cat upon the request of any health official, police officer, animal control officer or other authorized persons.

§ 343-29 Rabies inoculation required.

A. 
Any person who shall own, keep or harbor a cat shall procure and possess a veterinarian's certificate indicating that such cat has been inoculated against rabies and setting forth the date of such inoculation and the duration of immunity.
B. 
The inoculation shall be made by a duly licensed veterinarian of the State of New Jersey or by such other veterinarian permitted by law to make same. The vaccine used shall be of a type approved by the United States government agency responsible for licensing manufacturers of veterinary biologicals. Each cat shall be inoculated against rabies each year, unless the veterinarian's certificate indicates a longer period of effectiveness.
C. 
The certificate of inoculation shall be produced by any person owning, keeping or harboring a cat upon the request of any health official, police officer, animal control officer or any other authorized person.

§ 343-30 Free inoculations.

The Department of Health is hereby authorized and shall conduct an annual free rabies inoculation clinic for cats.

§ 343-31 Exceptions.

Any cat may be exempted from the requirements of such vaccination for a specified period of time by the Department of Health upon presentation of a veterinarian's certificate stating that, because of an infirmity or other physical condition or regiment of therapy, the inoculation of such cat shall be deemed inadvisable.

§ 343-32 Fees; disposition of license monies.

A. 
The person applying for the license shall pay a fee of $16.50 for the cat license for each cat owned by him/her and the sum of $0.50 for the registration tag of each cat. A cat that has been spayed or neutered shall, upon proof of certificate signed by a licensed veterinarian, receive a reduced fee of $13.50 for the cat license and $0.50 for the registration tag. A cat may also receive a reduced fee if proof of reason that to pay or neuter would jeopardize that cat's health is certified by a licensed veterinarian and presented at the time of licensing. A delinquent fee of $5 per month per cat shall be added to a cat's renewal license fee for any license issued five working days after the Borough's current year's free rabies clinic.
[Amended 11-2-2009 by Ord. No. O-18-09]
B. 
All monies received by the Borough Clerk or Animal Control Officer for the licensing of cats pursuant to the provisions of this article shall be paid to the Borough Treasurer for rabies prevention in similar fashion to N.J.S.A. 4:19-15.11.

§ 343-33 Removal of tag prohibited; use of tags.

No person except an official in performance of this duties shall remove a license or metal tag from the collar or harness of any cat without the consent of the owner, nor shall any person attach a license tag to a cat for which it was not issued.

§ 343-34 Regulations.

A. 
Abandoning cats. No person shall abandon any cat within the Borough.
B. 
Interference with officials. No person shall hinder, molest or interfere with anyone authorized or empowered to perform any duty under this article.

§ 343-35 Access to premises; seizure of cats.

Any officer or agent authorized or empowered to perform any duty under this article shall be hereby authorized to enter any premises to seize for impoundment any cats which he may lawfully seize and impound when such officer is in immediate pursuit of such cat or cats, except upon the premises of the owner of the cat if such owner is present and forbids the same.

§ 343-36 Impoundment.

[Amended 5-4-2009 by Ord. No. O-01-09]
The Animal Control Officer shall take into custody and impound or cause to be impounded and thereafter to be offered for adoption or destroyed, as provided in § 343-38, any cat off the premises of the owner or of the person keeping or harboring the cat on complaint of the police or the resident of the premises to which the cat has strayed, as well as any cat which the Animal Control Officer has reason to believe is abandoned, diseased, injured or running at large.

§ 343-37 Notice of seizure; contents; service.

A. 
If any cat so seized wears a collar with a metal license tag attached thereto having inscribed thereon the name and address of any person, or if the owner or other person keeping or harboring the cat is otherwise known, the Animal Control Officer or any person authorized by him shall immediately notify the person whose address is given on the collar or harness or the person whose name is registered as the owner by telephone or mail. The notice shall state that the cat has been seized and will be liable to be offered for adoption or destroyed if not claimed within seven days after the service of notice.
[Amended 5-4-2009 by Ord. No. O-01-09]
B. 
A notice under this section may be served by delivering it to the person on whom it is to be served, or by leaving it at the person's usual or last known place of abode, or by mailing the same to the address given on the collar or registration by regular and certified mail, return receipt requested.

§ 343-38 Destruction of certain cats.

[Amended 5-4-2009 by Ord. No. O-01-09]
Any cat seized and impounded shall be detained for seven days, during which time notice shall be given as set forth in § 343-37. If after the cat has been detained for seven days the owner or persons keeping or harboring the cat has not claimed it and paid all expenses incurred by reason of its detention, as set forth in § 343-39, and if the cat is unlicensed and of licensing age at the time of its seizure, the Animal Control Officer or any person authorized by him may cause the cat to be destroyed or offered for adoption in a manner provided by N.J.A.C. 8:23-3, Rules and Regulations Governing the Sanitary Conduct and Operation of Kennels, Pet Shops, Shelters and Pounds.

§ 343-39 Redemption; impounding fees; maintenance charge.

[Amended 11-2-2009 by Ord. No. O-18-09; 5-20-2013 by Ord. No. O-07-13]
The owner or any person having lawful rights to any impounded cat shall be entitled to redeem such cat upon furnishing satisfactory evidence of ownership to the Animal Control Officer and paying the following charges:
Impound fee (one-time fee)
$60 for the first offense, $75 for the second offense, and $100 for the third and each subsequent offense
Boarding fee for kitten (birth to 6 weeks old, per day)
Current rate that is charged by vet plus $3
Boarding fee for cat (per day)
Current rate that is charged by veterinarian plus $3
Note: Boarding begins on day of seizure and includes the day owner picks up animal
Miscellaneous fees, which include, but are not limited to:
Medicine, flea or tick treatment, euthanasia, etc.
Rate that is charged by veterinarian

§ 343-40 Violations and penalties.

[Amended 5-20-2013 by Ord. No. O-07-13]
Unless otherwise provided by statute, any person who shall violate the provisions of this article shall, upon conviction thereof, be punished by a fine not exceeding $50 for the first offense, a fine not exceeding $75 for the second offense, and a fine not less than $100, nor more than $500, for the third and each subsequent offense, within any eighteen-month period.