Township of Monroe, NJ Animal Control

An establishment for the treatment, care, boarding, or training of dogs or cats for a fee, or a place where dogs or cats are bred for resale or for a fee; and where the business is the primary source of income; and where such establishment has been currently inspected and approved for use by the Gloucester County Health Department and any other applicable state agencies.

DOG

Any animal of the canine species (Canis familiaris) except dingoes.

DOG OR CAT OF LICENSING AGE

Any dog or cat which has attained the age of six months or which possesses a set of permanent teeth.

DOMESTICATED ANIMAL

An animal tamed and adapted to live in close association with and to the benefit of humans.

LEASHED

Restrained by a leash no greater than six feet in length which is attached to a collar or harness of sufficient strength to restrain the animal and which shall be held by a person having the ability to control the animal at hand.

MUNICIPAL HUMANE LAW ENFORCEMENT OFFICER

A Monroe Township sworn law enforcement officer who is recommended by the Police Chief of the Monroe Township Police Department and appointed by the governing body via resolution pursuant to N.J.S.A. 4:22-14.1 with qualifications and duties as provided in N.J.S.A. 4:22-14.2.

[Added 11-14-2018 by BOH 1-2018]

OWNER

Any person having a right of property in any animal, or any person who has an animal in his/her custody, or any person offering or allowing access to food, water, or shelter to any animal, or any person exercising control over an animal or permitting, allowing or suffering an animal to remain on premises under his/her control, or anyone who takes an animal out into the public streets, sidewalks or public ways.

PERSON

An individual, firm, partnership, corporation or association of persons.

PET SHOP

Any place of business wherein animals, including, but not limited to, dogs, cats, birds, fish, reptiles, rabbits, hamsters or gerbils, are kept or displayed chiefly for the purpose of sale to individuals for personal appreciation and companionship rather than for business or research purposes; and where such establishment has been and continues to be inspected and approved for use by the Gloucester County Health Department and any other applicable agencies.

[Added 5-9-2012 by Ord. No. BOH 1-12]

POTENTIALLY DANGEROUS DOG

Any dog or dog hybrid declared potentially dangerous by a municipal court pursuant to Section 7 of P.L. 1989, c. 307 (N.J.S.A. 4:19-23).

POUND

See "shelter."

PROPERTY

A block and lot with an occupied dwelling unit or dwelling units on it.

PUBLIC NUISANCE

An animal that causes damage to public or private property or causes harm to any person.

SHELTER

An establishment for the confinement of dogs or cats seized under the provisions of this chapter.

STRAY ANIMAL

An animal having no known owner or custodian.

TETHER

To confine an animal with rope, chain, or similar material by which an animal is fastened so that it is able to range or feed only within certain limits.

TOWNSHIP OFFICIAL

Any Township Code Enforcement Official, Township Police Department officer, the Gloucester County Animal Control Officer, the Municipal Clerk, or any other official or person assigned or designated by the Mayor and/or Council.

[Amended 11-14-2018 by BOH 1-2018]

VICIOUS DOG

Any dog or dog hybrid declared vicious by a municipal court pursuant to Section 6 of P.L. 1989, c. 307 (N.J.S.A. 4:19-22).

§ 280-3 Permitted number of dogs or cats.

Number of dogs/cats permitted.

[Amended 10-25-2021 by Ord. No. O:21-2021]

(1)

A property within the Township of Monroe shall be limited to three dogs and three cats, with the following exceptions:

(a)

The above limit does not apply to those having a valid commercial kennel license;

(b)

The above limit does not apply to licensed police K9 dogs;

(c)

A maximum of one service dog per household. Service dog as defined as "service animal(s)" by the American with Disabilities Act (ADA) by the United States Department of Justice, as well as any local, state and/or federal laws. Any resident with more than one service dog will be required to file for an application for waiver as detailed under § 280-3C below. Service dog(s) will be required to follow all other licensing and vaccination requirements pursuant to § 280-4.

(2)

Apartment complexes shall be exempt from this section, subject to the requirements of such apartment complex.

Grandfather clause. Notwithstanding Subsection A of this section, an owner who possesses more than three dogs and/or three cats as of the effective date of this chapter and in compliance with all prior ordinances shall be permitted to keep and maintain said number of dogs and/or cats as long as all such dogs and/or cats are properly licensed and altered or sterilized in accordance with the requirements of this chapter as of that date. Any owner shall be entitled to maintain the presently existing number of dogs and/or cats greater than the number permitted by this chapter until such dog and/or cat dies or is otherwise transferred out of the Township of Monroe. When one of the number of dogs and/or cats in excess of the number permitted by this chapter shall die or be transferred out of the Township of Monroe, such animal may not be replaced unless and until the number of dogs or cats owned or possessed by said owner is in compliance with this chapter.

Application for waiver. An owner desirous of owning and maintaining a number of dogs or cats in excess of that permitted by this chapter shall have the right to make application to the Township of Monroe Board of Health for a waiver of the maximum number of animals permitted under this chapter. The application for a hearing before the Board of Health must be submitted not less than 10 days prior to a regularly scheduled Board of Health meeting, with notice published in the official newspaper of the Township of Monroe not less than 10 days prior to said meeting and written notice given to all property owners within 200 feet of the applicant's property. The applicant shall obtain a certified list of all property owners within 200 feet of his/her property from the Gloucester County Tax Assessor's office.

(1)

Type of notice. Notice must be made to all property owners within 200 feet of the applicant's property by regular and certified mail, return receipt requested, with proof of service being presented to the Board of Health at the time of the hearing, with an affidavit setting forth that the mailing has been made to the appropriate property owners.

(2)

Form of notice. The notice shall set forth the following:

(a)

The name and address of the applicant.

(b)

The address and lot and block number of the household or dwelling unit for which the applicant is requesting a number of dogs and/or cats in excess of the chapter requirement.

(c)

The nature of the waiver requested, setting forth the total number of dogs and/or cats and the number of dogs and/or cats requested in excess of the chapter requirement.

(d)

The date, time and place of the hearing before the Board of Health.

(3)

Considerations for granting of waiver, burden of proof and vote. By majority quorum of the Board of Health, the Board may grant or deny an application for a request for a waiver based upon a preponderance of evidence that the applicant has demonstrated good cause for the granting of such waiver. In examining whether or not a waiver should be granted, the Board of Health shall include the following factors in its consideration:

(a)

The size of the property of the applicant where the dogs and/or cats are intended to be kept.

(b)

The distance between the locations of where the dogs and/or cats are intended to be kept on the applicant's property and the physical location of an adjacent property owner's home or dwelling unit.

(c)

Whether the applicant's household is an apartment, condominium or townhouse or a single-family detached dwelling.

(d)

Whether the applicant's property is fenced so as to shield the cats and/or dogs from the sight of the surrounding property owners.

(e)

Whether the dogs and/or cats are kept in the applicant's home or remain primarily outside of the applicant's home.

(f)

The breed and size of each dog or cat.

(g)

The prior history of complaints filed against the applicant for violation of this chapter, or previous ordinances pertaining to animal control, or its predecessor.

(h)

The zoning district of the applicant's property.

(i)

Whether the dogs and/or cats serve some purpose related to the applicant's use of his/her property, i.e., whether the dogs are utilized for security or the cats are utilized for rodent control.

(j)

Other such reasons as the Board may feel appropriate to consider according to the case, facts and circumstances presented to the Board.

(4)

Stating of number of dogs and/or cats. Should the Board grant the applicant's request for a waiver, the Board shall set the number of dogs and/or cats permitted for the applicant's household or dwelling unit in excess of that permitted by this chapter.

(5)

Licensing and fees. In the event a variance is granted, the application fee shall be $175. Such variance shall not be transferable to another owner or different premises. Each dog or cat must be licensed yearly in accordance with § 280-4 of this chapter and § 74-21.

[Added 10-10-2012 by BOH 3-12[1]]

[1]

Editor’s Note: This ordinance also provided for the renumbering of former Subsection C(5) as Subsection C(6).

(6)

Revocation of waiver. A waiver granted by the Board of Health to an applicant may be revoked by the Board by proper application made by a Township official or a Township resident by making application to the Board of Health at least 10 days prior to a Board of Health meeting and by serving notice upon the owner by regular and certified mail, return receipt requested, of the application for revocation of the waiver. The notice shall also include a factual basis for the requested revocation. A hearing shall then be held by the Board of Health on the application for revocation. The Board will evaluate the application for revocation of waiver based upon the same criteria previously set forth herein under Subsection C(3)(a) through (j) of this chapter and any other factors brought out in the factual basis.

§ 280-4 Licensing and vaccination requirements; exemptions.

License requirement. No person shall own, keep, harbor, or maintain any dog or cat over six months of age within the Township of Monroe unless such dog or cat is licensed. The provisions of this section do not apply to dogs or cats held by a state or federally licensed research facility, a veterinary establishment, shelter, pound, licensed commercial kennel, or pet shop. No dog or cat may be licensed without proof of vaccination as detailed below.

Dogs or cats subject to the licensing requirement. Any dog or cat is subject to the following licensing requirements:

(1)

Any dog or cat acquired by any person during the course of any calendar year and kept within the Township for more than 10 days after acquisition.

(2)

Any dog or cat attaining licensing age during the course of the calendar year.

(3)

Any unlicensed dog or cat brought into the Township by any person and kept within the Township for more than 10 days.

(4)

Any dog or cat licensed by a township or municipality of another state brought into the Township by any person and kept within the Township for more than 90 days.

Previously licensed pets. Only one license and registration tag shall be required in any licensing year for any dog or cat owned in New Jersey, and a license and tag issued by any other municipality in this state shall be accepted by the Township as evidence of compliance with this section. However, upon the expiration of the license for that dog or cat issued by another municipality of this state, said dog or cat shall be so licensed in accordance with this chapter. The owner of any such dog or cat shall provide to the Township a copy of the license which was issued by the other municipality.

Licensing and fees.

(1)

All dogs and cats within the Township of Monroe shall be licensed in accordance with New Jersey statutes, and the licensing fee therefor shall be as follows:

(a)

For altered or sterilized dogs or cats:

[1]

Dogs: $10.

[2]

Cats: $5.

(b)

For nonaltered or nonsterilized dogs or cats:

[1]

Dogs: $13.

[2]

Cats: $8.

(c)

(Reserved)[1]

[1]

Editor’s Note: Former Subsection D(1)(c), which listed the fee for a commercial kennel, was repealed 5-9-2012 by Ord. No. BOH 1-12.

(d)

A dog deemed as a potentially dangerous dog: $700.

(2)

A late fee of $5, in addition to the fees set forth above, shall be imposed upon any owner of a dog or cat within the Township who qualified for a license on the first day of each year if not licensed on or before the first day of April of each calendar year.

[Amended 3-12-2014 by Ord. No. BOH 1-14]

(3)

Any owner who fails to obtain a license for a dog or cat as required herein shall, upon conviction thereof, be subject to a fine not to exceed $100 for the first offense and up to $200 for each subsequent offense.

Vaccination. All dogs and cats within the Township of Monroe shall be vaccinated against rabies in accordance with the following:

(1)

Vaccination shall be performed by a veterinarian licensed to practice in the State of New Jersey. The vaccine utilized shall be from a manufacturer licensed by the Bureau of Animal Husbandry of the United States Department of Agriculture or such other agency as shall be approved by the State Department of Health. The dosage shall be as recommended by the manufacturer. All dogs and cats shall be revaccinated before the expiration of the period of time for which the vaccine used is known to be effective.

(2)

The Health Officer may exempt any dog or cat from the provisions of this Subsection E if there is presented to him/her a certificate from a licensed veterinarian stating that it would not be desirable to vaccinate a particular dog or cat for a specified period of time because of the animal's age, infirmity or other physical condition.

(3)

No vaccination shall be required for any dog or cat confined to a licensed kennel, pet shop, shelter, pound or veterinary hospital.

(4)

The fact that a dog or cat has been vaccinated against rabies shall be evidenced by a certificate from the veterinarian performing the vaccination. The certificate shall either be on a form approved by the Health Officer or a State or County Board of Health officer or a standard immunization certificate shall be used by the veterinarian. The certificate shall be presented to the Health Officer within 10 days after each vaccination. In the case of dogs or cats vaccinated before being brought into the Township, the certificate shall be presented to the Health Officer within 10 days after the animal is brought into the Township.

(5)

No dog or cat license shall be issued until the certificate indicating that the dog or cat has been vaccinated against rabies or the certification that it is not necessary to vaccinate the dog or cat is endorsed by the Township Health Officer or other designated person and has been presented to the Township Clerk.

Wearing of collar and registration tag. All dogs and cats for which licenses are required by the provisions of this chapter shall wear a collar or harness with the registration tag for such dog or cat securely fastened to it. No person, except an appropriate officer in the performance of his or her duties, shall remove a registration tag from the collar of any dog or cat without consent of the owner, nor shall any person attach a registration tag to a dog or cat which was not issued in accordance with this chapter.

§ 280-4.1 Kennels, pet shops, shelters and pounds.

[Added 5-9-2012 by Ord. No. BOH 1-12]

License required. Any person who keeps or operates or proposes to establish a commercial kennel, pet shop, shelter or pound shall apply to the Township of Monroe Board of Health for a license entitling him/her to keep or operate such establishment. Any person holding such license shall not be required to secure individual licenses for dogs/cats owned by such licensee and kept at such establishments. Such licenses must be exhibited in a conspicuous place on the licensed premises and shall not be transferable to another owner or different premises. All licenses issued shall state the purpose for which the establishment is maintained, and all such licenses shall expire on the last day of June of each year.

Application for license. The application shall contain the name and address of the owner/applicant, the street address where the establishment is located or proposed to be located, the purposes for which it is to be maintained, and shall be accompanied by the written approval of the enforcing official of the Board of Health or the Township Board of Health showing compliance with the local and state rules and regulations governing the location and sanitation at such establishments, and shall be accompanied in writing by the approval of the adjoining property owners within 200 feet of the proposed establishment.

License fees. The annual license fee for a kennel or pet shop shall be as set forth in § 74-21 of Chapter 74, Fees. No fee shall be charged for a shelter or pound. (N.J.S.A. 4:19-15.9).

Inspections; compliance; revocation. The Board of Health or its representatives shall at all times have right of reasonable inspection over the premises licenses as herein provided. All licenses issued for a kennel, pet shop, shelter or pound shall comply with all Township ordinances and the rules and regulations promulgated by the State Department of Health and Senior Services governing the sanitary conduct and operation of kennels, pet shops, shelters and pounds, the preservation of sanitation therein, and the prevention of the spread of rabies and other diseases within and from such establishments. All licenses issued are subject to revocation by the Township Board of Health on recommendation of the State Department of Health and Senior Services or the Township Board of Health for failure to comply with the rules and regulations, after the owner has been afforded a hearing by either the State Department or the Township Board of Health.

Safe control required. No animal kept in a kennel, pet shop, shelter or pound shall be permitted off such premises, except on leash or in a crate or other safe control.

Report to State Department. The Township Board of Health shall forward to the State Department of Health and Senior Services a list of all kennels, pet shops, shelters and pounds licensed within 30 days after the licenses therefor are issued, which list shall include the name and address of the licensee and the kind of license issued.

§ 280-5 Licensing violations.

Any dog or cat owner who shall suffer, allow or permit any unlicensed dog or cat to run at large or who shall suffer, allow, or permit any dog or cat, whether licensed or not, to run at large without the tag as provided by law or who shall cause or permit any unlicensed dog or cat to wear such a tag shall be guilty of a violation of this chapter.

§ 280-6 Potentially dangerous dogs.

Pursuant to N.J.S.A. 4:19-17 et seq., if the Municipal Court declares any dog to be potentially dangerous, it shall issue an order and a schedule for compliance which, in part:

(1)

Shall require the owner to comply with the following conditions:

(a)

To apply, at his/her own expense, to the Municipal Clerk or other official designated to license dogs for a special municipal potentially dangerous dog license, municipal registration number, and red identification tag issued pursuant to Section 14 of this Act.[1] The owner shall, at his/her own expense, have the registration number tattooed on the dog in a prominent location. A potentially dangerous dog shall be impounded until the owner obtains a municipal potentially dangerous dog license, municipal registration number, and red identification tag;

[1]

Editor's Note: See N.J.S.A. 4:19-30.

(b)

To display, in a conspicuous manner, a sign on his/her premises warning that a potentially dangerous dog is on the premises. The sign shall be visible and legible from within 50 feet of the enclosure required pursuant to Subsection A(1)(c) of this section; and

(c)

To immediately erect and maintain, for the potentially dangerous dog, on the property where the potentially dangerous dog will be kept and maintained, an enclosure which has sound sides, top and bottom to prevent the potentially dangerous dog from escaping by climbing, jumping or digging and a fence of a least six feet in height separated from the confined area by at least three feet. The owner of a potentially dangerous dog shall securely lock the enclosure to prevent the entry of the general public and to preclude any release or escape of a potentially dangerous dog by an unknowing child or other person. All potentially dangerous dogs shall be confined in the enclosure or, if taken out of the enclosure, securely muzzled and restrained with a tether approved by the Animal Control Officer and having a minimum tensile strength sufficiently in excess of that required to restrict the potentially dangerous dog's movements to within a radius of no more than three feet from the owner and under direct supervision of the owner.

(2)

May require the owner to maintain liability insurance in an amount determined by the Municipal Court to cover any damage or injury caused by the potentially dangerous dog. The liability insurance, which may be separate from any other homeowner policy, shall contain a provision requiring the municipality in which the owner resides to be named as an additional insured for the sole purpose of being notified by the insurance company of any cancellation, termination or expiration of the liability insurance policy.

Appeal of decision. The owner of the dog, or the Animal Control Officer in the municipality in which the dog was impounded, may appeal any final decision, order, or judgment, including any conditions attached thereto, of a municipal court pursuant to P.L. 1989, c. 307 (N.J.S.A. 4:19-17 et seq.) by filing an appeal with the Superior Court, Law Division, in accordance with the Rules Governing the Courts of the State of New Jersey pertaining to appeals from courts of limited jurisdiction. The Superior Court shall hear the appeal by conducting a hearing de novo in the manner established by those rules for appeals from courts of limited jurisdiction.

§ 280-7 Outdoor maintenance of animals.

General requirements. No person shall at any time cause or allow any dog, cat, or domesticated animal to be kept outside on private or public property within the Township of Monroe excepting that:

(1)

The animal shall have access to and be provided with suitable and edible food of sufficient quantity on a daily basis, replenished at a minimum of every 12 hours.

(2)

The animal shall at all times have access to and be provided with clean water (cool in the summer and unfrozen in the winter).

(3)

The animal shall have access to an area to defecate or urinate separate from the areas where it must eat, drink, or lay down.

(4)

Fecal matter must be removed on a daily basis and within 24 hours of being deposited.

(5)

The primary area where the animal is kept must be located behind the principal dwelling on the property.

(6)

It shall be prohibited to allow any dog, cat, or domesticated animal to be kept outdoors at any vacant structure or premises at any time.

(7)

When the outside ambient temperature is 32º F. or less, or 90º F. or higher, the animal shall not be kept outdoors for more than four consecutive hours during any twenty-four hour period.

[Added 11-14-2016 by Ord. No. BOH 2-2016]

Animal housing. No person shall keep, use, or maintain a dog, cat, or domesticated animal outdoors on any premises unless such animal has access to housing meeting all of the following:

(1)

The housing shall be provided with five weatherproof sides, including a top, a bottom, and a minimum of three sides. The housing must have an entrance covered by a self-closing swinging door or covering or an L-shaped entrance to prevent the wind and elements from entering the house.

(2)

The housing must be moistureproof, weathertight, and maintained in good repair.

(3)

The housing must be placed in a dry area free of debris, feces, and standing water.

(4)

The housing area shall be maintained in a clean and sanitary condition.

(5)

If multiple animals are present in one location, each animal must have separate and clean housing.

Tethering. No person shall at any time fasten, chain, or tether any dog, cat, or domesticated animal or cause or allow such animal to be fastened, chained, or tethered on private or public property within the Township of Monroe excepting that:

(1)

Any restraint system shall be situated and terminate no less than 10 feet from any adjacent property boundary.

(2)

Any restraint system must be situated and terminate no less than five feet from any fence, pool, wall, vehicle, tree, or any other object or obstruction upon which any animal may harm itself.

(3)

The tether is to be constructed of a secure, lightweight material that shall not exceed 1/8 of said animal's total body weight.

(4)

The animal must be provided with a properly fitting harness or buckle-type collar. Such collar attaching the tether to the animal shall be constructed of leather, nylon, or comparable material. Said collar shall be maintained in good condition. Metal and choke collars are prohibited.

(5)

The tether shall be at least 15 feet in length and not less than 3 1/2 times the length of the animal, whichever is longer, as measured from the animal's nose to the base of its tail.

(6)

The tether shall be provided with swivels at both ends and shall be maintained tangle free.

(7)

Tethered dogs and cats must be altered or sterilized. The tethered animal shall have access to adequate animal housing in accordance with the following section of this chapter.[1]

[1]

Editor's Note: See § 280-7B.

(8)

It shall be prohibited to tether any dog or cat less than six months of age.

(9)

It shall be prohibited to tether animals to barrels, vehicles, any object which is not stationary, or other objects which may harm or injure the animal.

(10)

The tether area must be kept clean and clear of any debris that may harm or cause any dog or cat to become entangled.

Fencing. No person shall at any time cause or allow any dog, cat, or domesticated animal to be kept within a fenced area on private or public property within the Township of Monroe excepting that:

(1)

Any dog, cat, or domesticated animal confined within a fenced area must have adequate space for exercise and movement, which space shall not be less than 100 square feet.

(2)

The fencing shall be constructed and maintained as to prevent the animal from leaving or escaping the fenced area and to prevent other animals from entering the fenced area.

§ 280-8 Nuisances; prohibited acts.

Habitual barking. No person shall own any dog which habitually cries or barks in a manner which would annoy or disturb a reasonable person. An "annoyance or disturbance," for the purpose of this section, shall be defined as barking, howling or crying continuously for a period of 10 minutes or more or intermittently for 30 minutes or more. A violation of this section shall subject the owner of the offending dog to the penalties for a violation of this chapter.

Running at large; leash required; certain public places prohibited. No person owning a dog shall permit it to run at large upon the public streets or in public parks, public buildings or in any other public place within the Township, nor permit a dog to run at large upon private property without permission of the owner. No person owning a dog shall permit it upon the public streets or in any other public place in the Township unless the dog is accompanied and controlled by a person over the age of 10 and is securely fastened to a leash. Notwithstanding the provisions of this section, it shall be a violation of this chapter for any person owning, keeping or harboring any dog to suffer or permit such dog, whether on a leash or not, to be in any parks or upon any recreation or athletic fields owned, maintained or operated by the Township of Monroe or upon any property owned, maintained or operated by the Board of Education of the Township of Monroe.

Nonaltered or nonsterilized cats running at large prohibited. It shall be a violation of this chapter for the owner of any cat, where such cat has not been altered or sterilized (and proof is shown thereof by the owner) and licensed in accordance with requirements of this chapter and properly displaying a tag as required, to allow such cat to run at large within the Township of Monroe.

Damage to property prohibited. No person owning or in control of a dog or cat shall allow it to damage any lawn, shrubbery, flowers or grounds of any public park, public building or other public place within the Township or upon any private property.

Damage or injury to other property, pets, or persons prohibited. It shall be a violation of this chapter for an owner of a dog or cat to suffer, allow, or permit the following prohibited acts:

(1)

Biting, chasing, jumping upon, interfering with, or otherwise impeding pedestrian traffic or the mobility of any person on public property or within a public sidewalk or right-of-way.

(2)

Chasing, leaping upon, interfering with, or otherwise impeding the progress of any bicyclist or other person utilizing self-powered transportation or motor vehicle or motorized transportation on any public or private road, public property, or within a public right-of-way.

(3)

Barking, growling, or otherwise displaying aggressive behavior towards a human being and placing a person in reasonable apprehension of bodily harm or injury.

(4)

Destroying or damaging any structure or equipment on any public park, public building or other public place or upon private property.

Defecation on public or private property prohibited; exception.

(1)

No person owning, harboring, keeping or in charge of any dog or cat shall cause, suffer or allow such a dog to soil, defile, or defecate on or commit any nuisance on any common thoroughfare, sidewalk, passageway, bypass, park, open space area, or any place where people congregate or walk or upon any public property whatsoever, or upon any private property without the permission of the owner of the property.

(2)

Notwithstanding anything contained in Subsection F(1) to the contrary, the restrictions as set forth above shall not apply to that portion of the street lying between the curblines which shall be used to curb such dog upon the following conditions:

(a)

The person who curbs the dog shall immediately remove feces deposited by the dog by a sanitary method, such as in a sealed, nonabsorbent, leakproof container (i.e., plastic bag).

(b)

The feces removed from the aforementioned designated area shall be disposed of in a sanitary manner by the person owning, harboring, keeping or in charge of any dog curbed but shall not be placed in a public trash receptacle or storm drain.

(3)

Any owner or person in custody of any dog or cat being walked upon any common thoroughfare, sidewalk, street, passageway, path or any place where people congregate must have in his/her possession a sealed, nonabsorbent, leakproof container as described in Subsection F(2)(a) above and appropriate materials or devices to remove feces deposited by the animal. The failure to possess such container and materials to clean up feces deposited by the animal shall constitute a violation of this chapter.

(4)

The requirements of this section shall not apply to the owner of any dog when said dog is utilized as a guide for any person or owner who is legally blind.

Placement of food outside of residence without a licensed pet prohibited. No property owner shall permit food for any animal to be placed outside of his/her home unless he/she is the owner of a licensed pet and the food is placed in the outside area where the pet is kept.

§ 280-9 Impounding of dogs and cats.

Impounding, right of entry and notice to owner.

(1)

Any Township official of the Township of Monroe empowered to perform any duty under this chapter is hereby authorized to take into custody and impound any of the following dogs or cats:

(a)

Any dog or cat which is off the premises of the owner and which such appropriate officer has reason to believe is a stray.

(b)

Any dog or cat which is off of the premises of the owner and which is without a current registration tag on its collar.

(c)

Any female dog in season which is off of the premises of the owner.

(d)

Any cat that has not been altered or sterilized.

(2)

If any dog or cat is impounded and seized and is wearing a registration tag attached to its collar or harness, having inscribed on it or attached to it the name and address of any person or the owner of the dog, a notice shall be given in writing and served on the premises of the person or owner within 24 hours of the seizure, stating that the dog or cat has been seized and will be liable to be disposed of or destroyed if not claimed within seven days after the service of notice. Notice may be served either by delivering it in person 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 at the address given on the dog's or cat's collar or by forwarding it by mail in a prepaid letter addressed to that person at such address.

(3)

Any officer authorized or empowered to perform any duty under this chapter is hereby authorized to go upon any premises to seize for impounding any such dogs or cats when such officer is in immediate pursuit of such animal.

Destruction of impounded dogs or cats. When any dog or cat has been detained for seven days after notice as set forth above has been given, or has been detained for seven days after seizure when notice has not been given due to the owner of such animal being unknown, and the owner or person keeping or harboring the dog or cat whose name is on the tag of the registration has not claimed the dog or cat and paid all expenses incurred by reason of its detention, including any applicable redemption, maintenance, or other fees, and paid the appropriate licensing fees paid in full and produced proof of vaccination, the dog or cat may be destroyed in an appropriate and humane manner or may be adopted by a responsible party. All fees set forth herein may be paid directly to the Township official empowered to receive such fees.

§ 280-10 Quarantine of animals.

Biting of a person by a dog or cat. When any dog or cat bites a person, the Township official may order the owner of the dog or cat to confine it, either on the owner's premises or at any other reasonable location at the owner's sole cost and expense which the officer shall designate, for a period of not less than 10 days.

Examination of confined animals. The Township Health Officer, an officer of the County Board of Health, or a Township official shall have the right to examine any dog or cat confined under the provisions of Subsection A herein at any time, including daily examinations for a period of 10 days after the dog or cat has attacked or bitten any person, to ascertain whether the animal shows signs or symptoms of rabies.

Release of confined animals. Following the passage of 10 days as required by Subsection A herein, an animal so quarantined shall be released, but only upon the issuance of a certificate of release which shall indicate that the animal appears to be healthy and free from rabies. Said certificate shall be maintained by the appropriate Township official, and upon release of the animal a copy shall be provided to the owner and the individual bitten by the animal.

§ 280-11 Enforcement.

The Township official shall enforce the provisions of this chapter. Nothing herein shall prohibit a private citizen from bringing or signing a complaint for an alleged violation of this chapter.

Compliance with requirements. Any owner of an animal within the Township, by the act of owning such animal, does thereby authorize the Township official to enter the property where such animal is kept to investigate any alleged or suspected violation of any provision of this chapter.

[Added 11-14-2016 by Ord. No. BOH 2-2016]

§ 280-12 Animal cruelty investigations.

[Added 11-14-2018 by BOH 1-2018[1]]

The Gloucester County Animal Control Officer, or other designate, may investigate and/or require compliance for violations pursuant to N.J.S.A. 4:22. In the event the Gloucester County Animal Control Officer, or designate, sees or recognizes a potential criminal situation, or the need arises where a criminal investigation is warranted, the Gloucester County Animal Control Officer shall make contact/report to the Municipal Humane Law Enforcement Officer for further action. The Gloucester County Animal Control Officer may continue to contribute to the investigation as requested or required.

[1]

Editor's Note: This ordinance also redesignated former §§ 280-12 through 280-16 as §§ 280-13 through 280-17, respectively.

§ 280-13 Interference prohibited.

No person shall hinder, molest, or interfere with anyone authorized or empowered to perform any duty under this chapter.

§ 280-14 Violations and penalties.

Except as provided in § 280-4D(3), any person found to be in violation of or found to have failed to comply with any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine of not less than $100 and not more than $1,000 or imprisonment in the county jail for a term not to exceed 90 days, or both. Each day of such violation or failure to comply shall constitute a separate offense and, therefore, is not subject to merger either for the purposes of the violation or imposition of fines and penalties.

§ 280-15 Acts constituting cruelty in general.

[Added 11-14-2016 by Ord. No. BOH 2-2016[1]]

Cruelty in general shall include a person who shall inflict unnecessary cruelty upon a living animal or creature, by any direct or indirect means, including, but not limited to, through the use of another living animal or creature; or leave the living animal or creature unattended in a vehicle under inhumane conditions adverse to the health or welfare of the living animal or creature.

[1]

Editor's Note: This ordinance also provided for the redesignation of former § 280-14 as § 280-16.

§ 280-16 Prohibited activities and treatment.

[Added 11-14-2016 by Ord. No. BOH 2-2016]

No owner, caretaker, guardian or handler shall withhold proper shelter, protection from weather, veterinary care and immune care to any animal. No owner, caretaker, guardian or handler shall fail to provide his or her animal with sufficient food and drinkable water on a daily basis. Food and water must be in an animal-food-consumption or water-consumption-type container, feeder or waterer.

No animal shall be subjected to unnecessary suffering and cruelty such as subjecting the animal to prolonged fear, injury, pain or physical abuse. Interaction with humans and other animals shall not be unreasonably withheld.

No animal shall be kept outdoors for more than four consecutive hours during any twenty-four-hour period when the outside ambient temperature is 32º F. or less, or 90º F. or higher [as per § 280-7A(7)].

§ 280-17 Livestock.

Definitions. As used in this section, the following terms shall have the meanings indicated:

LIVESTOCK

All horses, ponies, donkeys, mules, miniature breeds and all other equine; all domestic and exotic pigs, hogs, and other swine; all cattle, goats, sheep, and all other bovine; all llamas, alpacas, camels, and all other camelids; all chickens, ducks, geese, guinea hens, peacocks, turkeys, emus, rheas, and all other poultry and fowl; and all other animals traditionally raised for food, fiber, fur, or production means.

RUNNING AT LARGE

Any livestock situated upon any public street, park, or any other public place while unrestrained or situated upon any private property, including the property of the livestock owner, while not restrained by a sufficient fence, enclosure or tether.

Livestock at large prohibited. No person owning or in control of livestock shall permit livestock to run at large.

Fencing of livestock. A fence, measuring at least four feet high from the surface of the earth and sufficiently enclosed and strong enough to prevent livestock from escaping, is hereby required wherever livestock is kept. If any livestock escapes from within the confines of any fence, it shall be presumed that such fence has not met the provisions of this section. Any owner or lessee of the land on which such fence is located is subject to the requirements of this section.

§ 280-18 Backyard chicken pilot program.

[Added 5-28-2019 by Ord. No. O:19-2019; amended 10-25-2021 by Ord. No. O:22-2021]

A pilot program for the keeping of backyard chickens is hereby authorized as an exception for the above §§ 280-1 through 280-17. Keeping of backyard chickens shall be permitted in the Township of Monroe subject to the rules and regulations as specified in this section. The pilot program shall terminate two years from the August 22, 2022, effective date of the revised pilot program unless the Township Council of the Township of Monroe acts to continue same prior to that date. In the event the Township Council does not act to continue the program prior to said termination date, all persons with backyard chickens shall be grandfathered and be able to keep their chickens so long as no new ones are added and the guidelines of the pilot are maintained.

[Amended 7-25-2022 by Ord. No. O:11-2022; 10-26-2023 by Ord. No. O:41-2023]

The following shall be eligible to participate in the pilot program: residents of single-family homes or residents of "twin" homes or "row" homes which meet the criteria set forth in this section. If the property is located within a homeowners association's (HOA) jurisdiction, the property owner must submit written permission from the HOA for the Township of Monroe to issue any license set forth in this section.

For purposes of this pilot program, no more than 50 licenses may be issued at any one time. Any additional households wanting to participate may be considered on an individual basis by the Chicken Advisory Board established pursuant to Subsection J of this section in conjunction with the liaison to the governing body.

There shall be a limit of six chickens per license. No roosters are permitted.

The coop and enclosed run shall be kept at least 20 feet from the habitable portion of the neighboring residential dwelling and five feet from the property line. Garages, attached or otherwise, and accessory buildings shall not be considered a "residential dwelling" for purposes of calculating the required distance. Chickens may roam outside of the coop area in a backyard suitably fenced to keep them contained provided that a resident age 18 or older is present the entire time.

No person shall keep chickens on his or her property without first obtaining a license from the Municipal Clerk's office and paying the required fee therefor. No license shall be issued unless the applicant therefor has demonstrated compliance with all criteria set forth in this section. Every license issued pursuant to this section shall expire on December 31 of each year. Each license shall expire within one year and shall expire on December 31 of each year. Annual registration will be required for all persons seeking to keep chickens on his or her property. A license shall not be granted unless the applicant certifies that there are no deed restrictions which prevent chickens from being kept on the property. Yearly inspections shall take place at any time at the discretion of the Township and Chicken Advisory Board to ensure the licensee remains in compliance with all criteria set forth in this section. Following each inspection, the Chicken Advisory Board shall send the Township Clerk's office a letter confirming the inspection took place for the Township's records. If the Chicken Advisory Board determines a property is not in compliance with this section, the Board will send a confirming letter to the Township Clerk and the license shall be revoked by the Township.

[Amended 7-25-2022 by Ord. No. O:11-2022]

A license fee of $10 shall be paid for each license issued pursuant to this section.

Each applicant wishing to participate in the pilot program or desiring to keep backyard chickens thereafter in the event the pilot program is not terminated shall be required to take a class on the basics of raising backyard chickens. Proof of attendance must be presented with the completed application. The Township will provide a class minimally once a year at a nominal fee for anyone who has not previously met this requirement. The handling of this class will be the responsibility of the Chicken Advisory Board. A member of the Chicken Advisory Board will review the application with the applicant prior to final submission. Applicants agree to allow chicken advisory committee members to inspect the property for violations pursuant to the provisions of this section.

The following regulations and conditions for the keeping and housing of chickens shall be complied with:

(1)

The coop shall be the appropriate size for the number of chickens, which shall be at least three feet by three feet of space for chickens with a maximum size of 10 feet by 10 feet. The coop shall be inspected by the Township prior to the granting of a license.

(2)

The coop shall be dry and well ventilated with windows to admit sunlight.

(3)

The coop must be kept clean.

(4)

The coop and enclosed run must be made predator-proof.

(5)

Clean water must be provided, and food must be kept tightly closed in a metal container away from the coop and run at night.

(6)

The yard in the area where the coop is located shall be clean and free from odors.

(7)

There shall be no slaughter of chickens on site under this pilot program.

(8)

Waste will be handled in such a way as proper composting to prevent offensive odors or disposed in an environmentally friendly manner. Waste shall not be disposed of as part of the normal trash collection and recycling collection.

(9)

There shall be no selling of eggs.

Each property owner receiving a license pursuant to this section consents to allowing the Township's representatives to access said property. The Township of Monroe, by and through its appropriate representatives, will conduct an annual inspection for each property. Said annual inspection may take place at any time.

[Added 7-25-2022 by Ord. No. O:11-2022[1]]

[1]

Editor's Note: This ordinance also redesignated former Subsections J through L as Subsections K through M, respectively.

A Chicken Advisory Board consisting of five members and two alternate members of the community shall be formed. One Council member to serve as the liaison will be appointed by the Council President. The Chair will be appointed to a two-year term by the Mayor. The governing body will select the other four members who will also serve for two years. Besides the Chair, of the remaining members, one will be appointed Vice-Chair and the other, Secretary of the Board. The Board shall meet on a regular basis and keep minutes which shall be submitted along with quarterly reports to the governing body via the Township Council member selected by the Township Council as liaison to the Chicken Advisory Board. These reports will include any activities of the Board, as well as any complaints from residents concerning backyard chickens and the resolution, if any, of those complaints.

[Amended 7-25-2022 by Ord. No. O:11-2022]

When a complaint is received by the Township, it will be forwarded to the Chicken Advisory Board for investigation by two members of the Board. If the Board finds a violation of this section, solutions will be discussed with the offending resident to allow him or her to meet the requirements of the pilot program as soon as possible. However, if after 30 days, the violation has not been remedied, the Code Official will be notified so that enforcement proceedings can be implemented. The Chicken Advisory Board will assist anyone desiring to no longer participate in the backyard chicken program to relocate his or her chickens.

Failure to comply with the conditions and regulations set forth in the section shall result in revocation of the license after notice and a hearing before the governing body. A violation of the conditions and regulations of this section which occurs during the effective period for the pilot program shall not result in additional penalties under Chapter 280 of the Township Code.

§ 280-19 Trap-Neuter-Vaccinate-Release (TNVR) Program.

[Added 5-26-2020 by Ord. No. O:12-2020; amended 4-24-2023 by Ord. No. O:17-2023]

Program description. Whereas the Township of Monroe desires to implement a program for the purpose of reducing the population of feral/free-roaming/community cats, benefitting the public health, improving the quality of life for residents and ensuring the humane treatment of community cats, the following TNVR Ordinance outlines the policies and program.

Definitions. As used in this section, the following terms shall have the meanings indicated:

ANIMAL

Any live vertebrate creature including mammals, birds, reptiles, amphibians and fish, but not humans.

ANIMAL CONTROL OFFICER or ACO

A person 18 years of age or older who has satisfactorily completed the course of study approved by the Commissioner of Health and Senior Services of the State of New Jersey and the Police Training Commission as prescribed by paragraphs (1) through (3) of Subsection a of Section 3 of N.J.P.L. 1983, c. 525 (N.J.S.A. 4:19-15.16a); or who has been employed in the State of New Jersey in the capacity of, and with similar responsibilities to those required of, a certified animal control officer pursuant to the provisions of N.J.P.L. 1983, c. 525, for a period of three years before January 17, 1987.

ANIMAL RESCUE ORGANIZATION

An individual or group of individuals who, with or without salary or compensation, house and care for homeless animals in the home of an individual or in other facilities, with the intent of placing the animals in responsible, more permanent homes as soon as possible.

ANIMAL RESCUE ORGANIZATION FACILITY

The home or other facility in which an animal rescue organization houses and cares for an animal.

ANIMAL SHELTER

The County of Gloucester facility where dogs, cats or other animals are received, housed, given medical and other care, offered for adoption, or transferred to animal rescue organizations.

AT LARGE

That an animal is off the property of its owner and the animal has entered upon the property of another person without authorization of that person; or the animal has entered onto public property, street or right-of-way, unless that animal is restrained by its owner, or a person caring for the animal on behalf of the owner, with a leash of no less than six feet in length, or other physical control device, such that the animal is under the physical control of the owner or person caring for the animal on behalf of the owner. Nothing in this definition is intended to prevent dogs being on training leashes or on retractable leashes or being engaged in other appropriate activities under adequate, responsible adult supervision where care is taken to assure control as needed is available to prevent violations of this section.

CAT

A member of the species Felis catus.

COMMUNITY CAT

Any free-roaming cat that may be cared for by one or more residents of the immediate area who is/are known or unknown; a community cat may or may not be feral. Community cats shall be distinguished from other cats by being sterilized, vaccinated against rabies, microchipped, ear tipped. Community cats are exempt from licensing, as well as stray and at-large provisions of this section but are subject to nuisance provisions herein.

COMMUNITY CAT CAREGIVER

(1)

Any person authorized by the municipality or sponsor who, in accordance with this TNVR program:

(a)

Neuters, vaccinates for rabies, microchips, ear tips and returns one or more community cats;

(b)

Provides care, including food, shelter or medical care to the cat; or

(c)

Monitors the authorized cat colony for new cats and maintains overall awareness of the status of the cat colony and the condition of the cats therein.

(2)

A community cat caregiver shall not be considered to own, possess, keep or harbor a community cat.

COMMUNITY CAT COLONY

A single community cat or a group of community cats that congregate together outside as a unit. Although not every cat in a colony may be feral, any nonferal cats that congregate with a colony shall be deemed part of it. A community cat colony is sponsored and maintained by a community cat caregiver authorized by the municipality.

EAR TIPPING

The straight-line cutting of the tip of one ear of a cat by a licensed veterinarian while the cat is anesthetized. Ear tipping the left ear is the best and universally accepted practice, although in the past, cats may have been ear-tipped on the right ear.

FERAL CAT

A cat that is unsocialized to humans and has a temperament of extreme fear of, and resistance to, contact with humans. Feral cats are included in the definition of "community cats" as community cats may or may not be feral. Feral cats are:

(1)

Born in the wild;

(2)

Offspring of socialized or feral cats and not socialized; or

(3)

Formerly socialized cats that have been abandoned and have reverted to an unsocialized state.

HUMANE TRAP

Any trap used to capture stray dogs or cats that is constructed so that it does not harm the animal.

MICROCHIP

An electronic animal identification device that is inserted into an animal, typically on the back between the shoulder blades, by a veterinarian in accordance with professional medical standards.

NEUTER

To neuter an animal means to have a licensed veterinarian surgically sterilize the animal. For the purposes of this section, "neuter" shall mean to neuter a male animal or spay a female animal.

NUISANCE

(1)

Disturbing the peace by:

(a)

Habitual or continuous howling, barking, crying or screaming;

(b)

The habitual and significant destruction, accumulation of feces, desecration or soiling of property against the wishes of the owner of the property, in particular, the creation of conditions leading to the breeding of fleas or flies, odors or noises;

(c)

Habitually chasing or otherwise molesting passersby;

(2)

For the purpose of this section, "habitually" means occurring on at least two separate occasions within a time period of one month; except that barking, howling, crying, or screaming habitually means making the sound persistently or continuously for at least 30 minutes occurring at least three separate times within a period of eight hours. For the purpose of this section, "persistently" or "continuously" shall mean nonstop utterances for 30 consecutive minutes with interruption of less than 30 seconds at a time.

SPONSOR

An individual or group of individuals or a not-for profit animal welfare organization which, after recognition by the municipal governing body, oversees the implementation and management of community cat colonies, exercises oversight of community cat colonies authorized by the municipality, coordinate caregivers, offers services to caregivers and community cat colonies, and works to resolve community cat nuisance complaints in accordance with the provisions of this section, and keeps both the municipality and Gloucester County Animal Control advised regarding the condition of the colonies under their oversight.

TRAP-NEUTER-VACCINATE-RETURN PROGRAM (TNVR)

A program pursuant to which community cats are humanely trapped, spayed or neutered, vaccinated against rabies utilizing the three-year vaccine, and returned to the exact location at which they were trapped. A cat will receive a microchip as part of a TNVR program.

VETERINARIAN

An individual who is licensed to engage in the practice of veterinary medicine.

General provisions.

(1)

No person shall keep an animal on a property in a manner that causes one or more of the following: unsanitary conditions; accumulation of feces; infestation by insects or rodents; physical conditions that unreasonably endanger the health or safety of humans, other domestic animals, or wildlife.

(2)

No person shall maintain or feed any animal, domesticated or wild, in a manner that causes one or more of the following: unsanitary conditions; accumulation of feces; infestation by insects or rodents; physical conditions that endanger the health or safety of humans.

(3)

Community cat colonies shall be permitted, and caregivers shall be entitled to maintain them, in accordance with the terms and conditions of this section.

Sponsor. An individual or group of individuals or a not-for profit animal welfare organization which, after recognition by the municipal governing body, oversees the implementation and management of community cat colonies, exercises oversight of community cat colonies authorized by the municipality, coordinates caregivers, offers services to caregivers and community cat colonies, and works to resolve community cat nuisance complaints in accordance with the provisions of this section, and keeps both the municipality and Gloucester County Animal Control advised regarding the condition of the colonies under their oversight.

(1)

The municipality believes that the safest place for pet cats is indoors. The municipality also recognizes that community cats, as defined in this section, are not, in the vast majority of cases, suitable to be taken indoors as pets, and their home is outdoors. The municipality further recognizes the need for new, more effective and humane approaches to addressing the public health challenges presented by community cats.

(2)

To that end, the municipality finds that proactive community cat policies are part of the solution to reducing the numbers of community cats in the municipality and the high rate of euthanasia of feral cats in animal shelters.

(3)

Community cat colonies shall be permitted in the municipality as part of a community cat management program in accordance with the following provisions.

Sponsors of community cat colonies.

(1)

The municipality may select a non-profit 501(c)(3) animal welfare organization to serve as the sponsor of the community cat program. The sponsor shall oversee the activities of community cat caregivers. Individuals and organizations may apply to the sponsor to serve as caregivers.

(a)

Sponsor requirements. It shall be the duty of the sponsor to:

[1]

Review and approve of colony caregivers;

[2]

Register the community cat colony with the municipality by completing the application and submitting it to the Township of Monroe Board of Health/Vital Statistics Office;

[3]

Help to resolve any complaints over the conduct of a colony caregiver or of cats within a colony;

[4]

Maintain records provided by colony caregivers on the size and location of the colonies as well as the vaccination and spray/neuter records of cats in the sponsor's colonies;

[5]

Report annually to the municipality and the Gloucester County Animal Shelter on the following:

[a]

Number of colonies in the municipality;

[b]

Total number of cats in colonies;

[c]

Number of cats and kittens spayed and neutered pursuant to the TNVR program; and

[d]

Number of cats and kittens placed in permanent homes.

[6]

Ensure no additional cats are relocated to or introduced into an approved cat colony in the Township of Monroe; and

[7]

Use due consideration to avoid the taking of rare, threatened or endangered species under the Endangered and Nongame Species Conservation Act, N.J.SA. 23:2A-1 et seq.

(b)

Community cat caregivers. Community cat caregivers must ensure community cats are sterilized, vaccinated against the threat of rabies, microchipped, and ear-tipped, and must cooperate with the municipality and the sponsor to abate any nuisance.

(c)

Caregiver requirements. Caregivers are responsible for the following:

[1]

Assuming this is the sponsor organization responsibility;

[2]

Taking 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]

Taking steps that are reasonably likely to result in the spay/neuter, by a licensed veterinarian, of at least 90% of the colony population;

[4]

Providing the sponsor with pictures of each cat in the colony and records evidencing that the cats have been vaccinated and spayed/neutered;

[5]

Providing food, water and, if feasible, shelter for colony cats;

[6]

Observing the colony cats at least twice per week and keeping a record of any illnesses or unusual behavior noticed in any colony cats;

[7]

Ensure no additional cats are relocated to or introduced into an approved cat colony in the Township of Monroe;

[8]

Obtaining the approval of the owner of any property to which the caregiver requires access to provide colony care;

[9]

In the event that kittens are born to a colony cat, the caregiver shall take reasonable steps likely to result in the removal of the kittens from the colony after they have been weaned, and the placement of the kittens in homes or foster homes for the purpose of subsequent permanent placement;

[10]

Reporting annually to the sponsor 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 born to colony cats and their disposition and the number of cats and kittens placed in permanent homes as companion cats;

[11]

Obtaining proper medical attention to any colony cat that appears to require it; and

[12]

Feeding of the colony shall only be done during daylight hours and unconsumed food shall be removed within one hour.

Trapping of cats by non-community cat caregivers. Trapping of community cats by those who are not community cat caregivers, as defined in this section, sponsors, ACOs, or members of law enforcement is prohibited unless the person trapping the cats is doing so for the purpose of providing medical attention for a sick or injured cat or for the purpose of TNVR. Persons who trap free-roaming cats for the purpose of TNVR must comply with the provisions of this section.

Disposition of ear-tipped community cats.

(1)

Injured or sick ear-tipped cats trapped by an ACO. If an ACO traps an injured or sick ear-tipped cat that requires medical attention, the ACO shall scan the cat for a microchip. If a microchip is found which identifies the cat or cat's colony, the officer shall contact the sponsor or community cat caregiver of the cat, who shall then arrange for medical attention. If the injured or sick cat does not have a microchip and cannot otherwise be identified by the ACO, the ACO shall contact the sponsor, who will arrange for the cat to receive medical attention and return the cat to the appropriate colony or place the cat in another appropriate placement.

(2)

Ear-tipped cats inadvertently trapped by an ACO. An ACO who traps an apparently healthy ear-tipped cat shall immediately release the cat at the place it was trapped.

(3)

The requirements of this section notwithstanding, ACO shall investigate an alleged violation of this section upon the receipt.

(4)

The designated Animal Control Officer may contact the sponsor, who shall begin abatement procedures in an attempt to resolve the issue in as short a time as possible, not to exceed 60 days.

(5)

If the complaint refuses to accept or participate in the abatement process, then the issue shall be addressed as deemed appropriate by the sponsor in consultation with the municipality and ACO.

(6)

If an ACO or police officer reasonably determines that a cat is injured or poses a significant threat to public health or safety, the officer may reduce the time that the sponsor has to resolve the complaint, as necessary to protect the cat and public health, before taking further action. In the case of an emergency, the ACO or police officer may remove the cat, but within 24 hours, the ACO must provide the sponsor with notice of the cat's whereabouts and allow the sponsor an opportunity to retrieve the cat for treatment, return, or relocation.

Factors to be considered during the nuisance abatement process shall include:

(1)

Health and safety of the public and other domestic animals and/or pets;

(2)

Impact on threatened or endangered species and the general health of wildlife;

(3)

Recognition of the value of community cat colonies and TNVR in managing community cat colonies;

(4)

The availability of devices and strategies to minimize nuisance behavior by community cats that may have caused the complaint.

Enforcement of community cat colonies and/or TNVR program. The municipality and Gloucester County Animal Control shall have the following rights:

(1)

The right to seize or remove cats from a colony or the release location which have not been vaccinated against rabies and which are demonstrating signs of rabies or other zoonotic diseases.

(2)

The right to seize or remove a cat from a colony or release location, which is creating a nuisance as defined in this section, after the community cat caregiver and sponsor have been given 30 days to abate the nuisance or remove and relocate the cat and have failed to do so. The caregiver must begin nuisance abatement procedures within 48 hours after being notified of a nuisance by an ACO and must take all reasonable steps to resolve the nuisance in as short a time as possible, not to exceed 30 days.

(3)

The right to seize or remove a cat or colony of cats when the community cat caregiver regularly fails to comply with the colony care requirements of this section and the sponsor has not been able to obtain a replacement or substitute caregiver within 30 days of the notice to the caregiver and sponsor of the failure to comply with this section. If one or more cats are in danger due to a caregiver's lack of compliance, the sponsor may work with other local caregivers to find a suitable replacement caregiver or relocate the cats.

(4)

Ordinance enforcement. The municipality shall have the following rights: the right to seize or remove cats from a colony that have not been vaccinated against rabies and which are demonstrating signs of the disease; the right to seize or remove a cat from a colony that is creating a nuisance as defined above and the caregiver and sponsor have been given 30 days to remove and relocate the cat and have failed to do so; the right to seize or remove a colony of cats when the caregiver regularly fails to comply with the requirements of this section and the sponsor has not been able to obtain a replacement or substitute caregiver within 30 days of the municipality's notice to the sponsor of the caregiver's failure to comply with this section. The requirements of this section notwithstanding, Animal Control Officers and police officers may investigate any nuisance complaint and take enforcement action they deem necessary to protect the public health and safety.

Nuisances; prohibited acts.

(1)

Habitual or continuous howling, crying or screaming. No person shall permit habitually howling, crying or screaming which would annoy or disturb a reasonable person. A "disturbance," for the purpose of this section, shall be defined as howling, crying or screaming continuously for a period of 10 minutes or more or intermittently for 30 minutes or more. A violation of this section shall subject the person in control of the offending cat to the penalties for a violation of this chapter;

(2)

(3)

Habitually chasing or otherwise molesting passersby is prohibited;

(4)

Or, as the case may be under existing local ordinance defining a nuisance;

(5)

Damage to property prohibited. No person in control of a cat shall allow it to damage any lawn, shrubbery, flowers or grounds of any public park, public building or other public place within the Township or upon any private property, or destroy or damage any structure or equipment on any public park, public building, other public place or upon any private property.

Penalties. Any person found to be in violation or found to have failed to comply with any of the provisions of this section shall, upon conviction thereof, be subject to a fine of not less than $100 and not more than $1,000. Each day of such violation or failure to comply shall constitute a separate offense and, therefore, are not subject to merger either for the purposes of the violation or imposition of fines and penalties.

§ 280-20 Sale of cats and dogs from pet shops.

[Added 10-26-2023 by Ord. No. O:40-2023]

Definitions. As used in this section, the following terms shall have the meanings indicated:

ANIMAL CARE FACILITY

An animal control center or animal shelter, maintained by or under contract with any state, county, or municipality, whose mission and practice is, in whole, or significant part, the rescue and placement of animals in permanent homes.

ANIMAL RESCUE ORGANIZATION

Any not-for-profit organization which has tax-exempt status under Section 501(c)(3) of the United States Internal Revenue Code, whose mission and practice is, in whole or in significant part, the rescue and placement of animals in permanent homes.

CAT

A member of the species of domestic cat, Felis catus.

DOG

A member of the species of domestic dog, Canis familiaris.

OFFER FOR SALE

To sell, offer for sale or adoption, advertise for the sale of, barter, auction, give away or otherwise dispose of a dog or cat.

PET STORE

A retail establishment where dogs and cats are sold, exchanged, bartered or offered for sale as pet animals to the general public at retail. Such definition shall not include an animal care facility or animal rescue organization, as defined.

Restrictions on the sale of animals.

(1)

No pet store shall sell, deliver, offer for sale, barter, auction, give away or otherwise transfer or dispose of cats or dogs.

(2)

A pet store may offer for sale only those dogs and cats that the pet store has obtained from or displays in cooperation with:

(a)

An animal care facility; or

(b)

An animal rescue organization.

(3)

A pet store shall not offer for sale a dog or cat that is younger than eight weeks old.

Violations and penalties.

(1)

Any person, partnership, corporation, or entity found in violation of this section shall be subject to a fine of up to $1,000 for each cat or dog sold in violation of this section.

(2)

Continued violations may result in the revocation of a business license to operate within the Township.