Borough of Mountain Lakes, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Health of the Borough of Mountain Lakes as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 79.
[Adopted as Sec. BH:11-1 of the 1980 Code]

§ 257-1 License required.

A. 
No person shall operate a kennel, pet shop, shelter or pound on any premises within the Borough unless a license for any such purpose shall have been first secured from the Board covering the premises to be so used.
B. 
No person shall keep or maintain live poultry, birds or fowl of any kind, other than song birds, rabbits, hares, guinea pigs, or animal of any kind, other than dogs and cats, within 600 feet of any dwelling house, other than the residence or place of business of such person, unless that person shall first obtain a license from the Board, upon written application therefor, and shall comply with the provisions of this chapter.
C. 
The keeping of five or more dogs per premises shall be deemed to be the operation of a kennel.

§ 257-2 License restrictions.

A. 
No license for the keeping or raising of animals or poultry or for the operation of a kennel, pet shop, shelter or pound shall be granted to any person when the keeping or raising of such animals or poultry, or the operation of such kennel, pet shop, shelter or pound, because of the nature or characteristics thereof, would be detrimental to the general health of the residents of the neighborhood of the premises sought to be so licensed.
B. 
The consent of each principal occupant of every dwelling house and place of business of which any part thereof shall be situated within 600 feet of any part of such pen, run, cage, coop, stable or enclosure shall be obtained.

§ 257-3 Application requirements.

A. 
Each applicant for a license shall set forth the name and address of all persons whose consents are required by the provisions of § 257-2. Upon receipt of such application, the Board shall cause notice of such application to be sent by regular mail to each person whose consent is required. If no written objection shall be received by the Board within 15 days after such notice shall have been mailed, such person's consent shall be deemed supplied.
B. 
Each application for a license shall specifically set forth, by kind and number, that which is sought to be kept or maintained, and shall be accompanied by a fee as set forth in § 111-3I.
C. 
All licenses shall be issued in accordance to the provisions of § 279-2.

§ 257-4 Conformance with regulations.

All kennels, pet shops, shelters or pounds shall conform with the regulations now or hereafter in force under ordinances, the building code,[1] or any other local or state law or regulation.
[1]
Editor's Note: See Ch. 88, Building Construction.

§ 257-5 Regulations on keeping of animals.

A. 
No dog 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.
B. 
No poultry, birds or fowl of any kind, other than pigeons, rabbits, hares or guinea pigs, shall be permitted to run or fly at large.
C. 
No person shall keep any animals in a hutch or coop of a size having less than eight square feet of floor space and being less than two feet in height, without special permission from the Board.
D. 
No part of any pen, run, cage, coop, stable or enclosure shall be nearer than 25 feet to the side or rear line of the plot upon which the same shall be situated.
E. 
Each pen, run, cage, coop, stable or enclosure shall be kept dry and adequately ventilated and shall be cleaned daily and be unobjectionable at all times.
F. 
No person shall keep or maintain live poultry, birds or fowl of any kind, other than song birds, rabbits, hares, guinea pigs, or animals, other than dogs and cats, within 60 feet of any dwelling house, place of business, public buildings, public street, stream, lake or park.
[Adopted as Sec. BH:11-2 of the 1980 Code]

§ 257-6 Contagious diseases.

A. 
No person shall keep any animal affected with skin mange, coccidiosis, parasitic worms, or other disease contagious to other animals or human beings. Any such animal so affected shall immediately be destroyed and the carcass cremated forthwith.
B. 
Any hutch or coop wherein such affected animal is found, and all adjoining hutches or coops, shall be destroyed or thoroughly disinfected with a germicide approved by the Board and under its direction.
C. 
The provisions of this section shall not apply to any animal under regular professional treatment by a duly licensed veterinarian, but all provisions shall fully apply when such treatment shall be discontinued without a full cure having been effected, or when such veterinarian shall certify that, in his opinion, such cure cannot be effected.

§ 257-7 Rabies control.

A. 
Reports and notice.
(1) 
Whenever a dog, cat or other animal is infected or is suspected of being infected with rabies, or has been bitten by an animal known or suspected to be infected with rabies, the owner or person in charge of any such animal, or every other person having knowledge thereof, shall forthwith notify the Board. Such notification shall state where the animal or animals so infected can be found.
(2) 
Whenever the Board, or any officer thereof, has reason to believe, or has been notified by the State Department of Health, that there is a danger that rabies may spread within the jurisdiction of the Board, the Health Officer shall serve a notice, in writing, upon all persons within the jurisdiction of the Board, so far as the same may be known to the Board or to such Health Officer, owning, keeping or having charge of such dog, requiring such person to confine such dog.
(3) 
Any and all other animals may be included in the notice above mentioned whenever, in the opinion of the Board, such animal or animals should be so included.
(4) 
In lieu of serving the written notice required to be given by the provisions of this subsection, one may be published in the official newspaper of the Borough.
B. 
Release of animals. Any animal confined, under order of the Board, shall not be released until a certificate of release has been issued by the Board.
C. 
Examination of animals.
(1) 
The Board, or its duly authorized agent, shall be permitted by the owner or person in charge of a dog, cat or other animal which has attacked or bitten a person to examine the animal at any time, and daily if desired, within a period of 10 days after the animal has attacked or bitten a person, to determine whether the animal shows symptoms of rabies.
(2) 
No person shall refuse, obstruct or interfere with the Board in making such examination.
D. 
Destruction of rabid animals. The owner or other person in charge of any dog, cat or other animal known to be rabid, or known to have been bitten by an animal known to have been infected by or with rabies, shall, upon notice by the Board to do so, put or cause such animal to be put to death.