[Adopted 10-10-1973 by Ord. No. 73-11]
The short title of this article shall be the
"Cat Ordinance of the Borough of Park Ridge."
A.
CAT
CAT OF LICENSING AGE
OWNER
PERSON
BOROUGH
GOVERNING BODY
Definitions. The words hereinafter defined shall have
the meaning herein indicated for the purposes of this article as follows:
Any cat, male or female, spayed female or neutered male.
Any cat which has attained the age of seven months.
When applied to the proprietorship of a cat shall mean and
include every person having a right of property in such cat and every
person who has such cat in his keeping.
An individual, firm, partnership, corporation or association
of persons.
The Borough of Park Ridge in the County of Bergen.
The Mayor and Council of the Borough of Park Ridge.
B.
Word usage.
(1)
The words "and" and "or" may be used interchangeably
and either of the two may be applicable, whichever is more conducive
towards the effectuating of this article.
(2)
Personal pronouns shall mean either the singular or
the plural, whichever is applicable and more conducive towards the
effectuating of this article.
(3)
The masculine, feminine or the neuter gender shall
be implied whenever it is appropriate and conducive for the effectuating
of this article.
[Added 3-12-1991 by Ord. No. 91-6[1]]
A.
No person shall own, keep or harbor any cat within
the Borough except in compliance with the provisions of this article,
which includes obtaining a license and official metal registration
tag therefor issued by the Borough Clerk and the payment of the prescribed
fee.
B.
No person shall own, keep, harbor or maintain any
cat over seven months of age within the Borough of Park Ridge unless
such cat is vaccinated. All owners of cats shall provide evidence
that the cat to be licensed has been inoculated with a rabies vaccine
of a type approved by and administered in accordance with the recommendation
of the United States Department of Human Services unless the cat is
exempt under this article.
C.
The provisions of this section do not apply to cats
held in a cattery, or those held by a state or federal licensed research
facility, or a veterinary establishment where cats are received or
kept for diagnostic, medical, surgical or other treatments or licensed
animal shelters, pounds, kennels or pet shops.
[1]
Editor's Note: Former § 52-30, License required; § 52-31, Application, registration numbers; § 52-32, Procurement of license and registration tag, collar; § 52-33, Cats brought into Borough, exception; § 52-34, Fees, renewal, expiration date; § 52-35, Disposition of fees; and § 52-36, Removal of tag prohibited, attaching tag wrongfully; were repealed 11-13-1984 by Ord. No. 84-12.
[Added 3-12-1991 by Ord. No. 91-6]
The owner of any newly acquired cat of licensing
age shall apply for a license and registration tag for such cat within
10 days after such acquisition or age attainment.
[Added 3-12-1991 by Ord. No. 91-6]
A.
Any person who shall bring or cause to be brought
into the Borough any cat licensed in another state for the current
year and bearing a registration tag and who shall keep the same or
permit the same to be kept within the Borough for a period of more
than 90 days shall immediately apply for a license and registration
tag for each such cat.
B.
Any person who shall bring or cause to be brought
into the Borough any unlicensed cat and who shall keep the same or
permit the same to be kept within the Borough for a period of more
than 10 days shall immediately apply for a license and registration
tag for each such cat.
[Added 3-12-1991 by Ord. No. 91-6]
Only one license and registration tag shall
be required in any licensing year for any cat owned in New Jersey,
and such license and tag issued by any other municipality of the state
shall be accepted by the Borough as evidence of compliance with this
article.
[Added 3-12-1991 by Ord. No. 91-6]
A.
The application shall state the breed, sex, age, color
and markings of the cat for which the license and registration are
sought and whether it is of a long-haired or shorthaired variety,
the name and street and post office address of the owner and the person
who shall keep or harbor such cat.
B.
Registration numbers shall be issued in the order
of the application.
C.
The information on said application and the registration
number issued for the cat shall be preserved for a period of three
years by the Borough Clerk. In addition, the Clerk shall forward to
the State of New Jersey an accurate account of registration numbers
issued or otherwise disposed of.
[Added 3-12-1991 by Ord. No. 91-6]
A.
The person applying for the license and registration
tag shall pay to the Borough Clerk a fee of $10 for the licensing
of each cat that has been spayed or neutered and $13 for each cat
that is nonspayed or nonneutered. Each license and tag shall be renewed
annually, and for each annual renewal, the fee for the license and
for the registration tag shall be the same as for the original license
and registration tag. The licenses, registration tags and renewals
thereof shall expire on the last day of January of each year.
[Amended 2-2-2010 by Ord. No. 2010-03]
B.
Late fees.
[Added 3-10-1992 by Ord. No. 92-5]
(1)
If the required license has not been purchased by
March 1, a late fee of $10 will be charged in addition to the license
fee.
(2)
An owner whose cat turns seven months old after March
1, or a new resident who moves into Park Ridge after March 1 of a
given year, shall not be charged a late fee.
[Added 3-10-1992 by Ord. No. 92-5]
[Added 3-12-1991 by Ord. No. 91-6]
A.
License fees
and other moneys collected or received under the provisions of this
article, except registration tag fees, shall be forwarded to the Borough
Treasurer within 30 days after collection or receipt.
B.
Such fees and other moneys shall be placed in a separate
account from any of the other accounts of the Borough and shall be
used only for purposes permitted by law.
C.
The registration tag fees shall be forwarded by the
Borough Clerk, within 30 days after collection, to the appropriate
agency within the State of New Jersey.
[Added 3-12-1991 by Ord. No. 91-6]
License forms and uniform official metal registration
tags, designed by the State Department of Health, shall be furnished
by the Borough Clerk and shall be numbered serially and shall state
the year of issuance and the name of the Borough.
[Added 3-12-1991 by Ord. No. 91-6]
No person, except an officer in the performance
of his duties, shall remove a registration tag from the collar of
any cat without the consent of the owner, nor shall any person attach
a registration tag to a cat for which it is not issued.
[Added 3-12-1991 by Ord. No. 91-6; amended 11-11-2003 by Ord. No.
2003-11; 2-2-2010 by Ord. No. 2010-03]
The fee for licensing any cat as required by
this article is waived for senior citizens of the Borough. A "senior
citizen" is defined as a permanent resident of the Borough, 65 years
of age or older. Senior citizens shall be required to pay $5 for the
cost of the tag for each cat.
A.
The Mayor, with the consent of the Borough Council,
shall have the power to appoint, contract for or retain a warden and/or
poundmaster or person, firm or company performing such services whose
duties it shall be to enforce the provisions of this article.
B.
Nothing contained in this section shall be construed
as limiting the authority of the Board of Health, its officers, servants
or employees or the Chief of Police or members of the Police Department
to enforce the provisions of this article when, in the interest of
health and safety, thee deem it necessary.
The Animal Warden shall take into custody and
impound or cause to be taken into custody and impounded, and thereafter
destroyed or disposed of as provided in this article, any cat off
the premises of the owner or of the person keeping or harboring the
cat on complaint of the police or of the resident of the premises
to which the cat has strayed as well as any cat which the Animal Warden
has substantial reason to believe is abandoned, diseased or injured.
A.
If any cat so seized wears a collar having inscribed
thereon or attached thereto the name and address of any person or
a registration tag or if the cat has identification as herein provided
or if the owner or other person keeping or harboring the cat is otherwise
known, the Animal Warden or any person authorized by him in that behalf
may return the cat to the owner, and if not, he shall immediately
notify by telephone or mail the person whose address is given on the
collar, or the person whose name is registered as the owner. The notice
shall state that the cat has been seized and will be liable to be
disposed of or destroyed if not claimed within seven days after the
service of the notice. A notice under this section may be served by
delivering 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.
B.
The Animal Warden shall post a notice on the bulletin
board attached to the Municipal Building of the Borough of Park Ridge,
which shall state the description and place where the cat was seized,
but the failure to post this notice shall in no way affect the validity
of any proceedings required or permitted to be taken by him under
this article.
C.
Additionally, the Animal Warden shall deposit with
the Police Department of the Borough of Park Ridge, on the same day
a cat is seized, a statement, including, where possible, the name
and address of the person given on the collar, the number on the cat's
registration tag, whether it is of a long-or shorthaired variety,
its color and markings and the date and place where the cat was seized.
The Police Department shall assign a number to said statement and
shall give a receipt to the Animal Warden for said statement showing
the number given.
A.
For every cat impounded there shall be charged a detention
expense to cover the costs of maintenance, payable by the owner to
the pound, payable at a rate to be determined by contract between
the governing body and the pound.
D.
The Animal Warden shall be required to detain every
identifiable licensed cat for a period of seven days after its seizure
and after notice has been given pursuant to this article and shall
detain every unlicensed cat or every other cat so seized where it
cannot be identified or notice cannot be given as set forth in this
article for a period of seven days after its seizure. If, after said
respective period of detention, no person has claimed the cat or will
not pay the charges required hereunder, the Animal Warden may cause
the cat to be destroyed upon prior notice to the Borough in a manner
and by methods prescribed as humane by the American Veterinary Medical
Association and the New Jersey Veterinary Medical Association or to
be placed with some responsible person desiring the cat as a household
pet; but the Animal Warden may sooner dispose of any cat, whether
or not the owner is known or whether or not it is licensed, if said
cat is so ill or injured as to justify such disposal, upon prior notice
to the owner where the same can be determined.
No person shall abandon any cat no matter what
its age may be within the Borough of Park Ridge. No person shall hinder,
molest or interfere with anyone authorized or empowered to perform
any duties under this article.
A.
Any cat which has bitten or abraded the skin of a
human being shall be forthwith quarantined into the care of a licensed
veterinarian of the State of New Jersey for observation and examination.
Before such cat is released from quarantine, the veterinarian shall
certify that to the best of his knowledge such cat is free of rabies;
provided, however, that if any cat has received antirabic treatment
under the direction of the Borough of Park Ridge Board of Health or
a licensed veterinarian within one year prior to the time that he
has bitten or abraded the skin of a human being, such cat may, in
the discretion of the Board of Health, be quarantined into the care
of his owner for a period of not less than 10 days from the day of
the bite or abrasion.
B.
This section shall not be construed as preventing
the Animal Warden, when necessary, from quarantining the animals referred
to herein, so long as prior to such animal's release, an examination
is made by a licensed veterinarian and a written report thereof is
transmitted to the Borough Board of Health.
The Chief of Police of the Borough of Park Ridge,
or such other person designated for the purpose by resolution of the
Mayor and Council, shall cause a canvass to be made of all cats owned,
kept or harbored within the limits of the Borough and shall, on or
before May 1 of each year, make reports to the Borough Clerk and the
Board of Health of the Borough setting forth in separate columns:
A.
The names and addresses of persons owning, keeping
or harboring such cats.
B.
The number of licensed cats owned, kept or harbored
by each of said persons, together with the registration numbers of
each of said cats.
C.
The number of unlicensed cats owned, kept or harbored
by each of said persons, together with the complete description of
each of said unlicensed cats.
A.
No person shall keep or harbor any cat in the Borough,
except in compliance with the provisions of this article.
B.
No more than three cats of licensing age shall be
kept, maintained or harbored at any one time for any length of time
in any residential housing unit or on its grounds or in any business
establishments or on its grounds. This restriction shall not apply
to properly licensed kennels, pet shops, pounds and shelters. The
provisions of this section shall become effective after passage and
publication as prescribed by law, but shall not apply to those persons
keeping, maintaining or harboring more than three cats as of the date
of the passage of this article, to the extent that said persons may
continue to keep, maintain or harbor more than three cats, but shall
not replace lost, strayed or deceased cats until the number of cats
in their possession shall be reduced to three.
C.
No person owning or having the care, custody or control
of any cat shall suffer or permit such cat to:
(1)
Soil or defile or do any injury or damage to any lawn,
vegetable garden, shrubbery, trees, flowers, driveway, ground or any
property of any persons other than that of the owner or person having
the care, custody or control of such cat.
(2)
Cause any injury to any person.
(3)
Cry, whine or otherwise disturb the peace or quiet
of the neighborhood or the sleep of any person for any unreasonable
length of time.
(4)
Be or become a public nuisance or to create a condition
hazardous to safety and health.
D.
The habitual howling of a cat or cats in the Borough
of Park Ridge is hereby declared to be a disturbing noise within the
meaning of N.J.S.A. 40:48-1, Subsection 8, and a nuisance.
A.
No person shall be cruel or inhumane to a cat, said
cruelty and inhumanity consisting of beating, torturing, mutilating,
cruelly killing or clearly failing to provide food, drink or shelter
for a cat or abandoning any cat of which he has charge, either as
owner or otherwise.
B.
No person owning, keeping, harboring or having the
care, custody or control of any cat shall abandon such a maimed, sick,
infirmed or disabled animal or creature to die.
A.
Any cat which has attacked, bitten or abraded any
human being or which habitually attacks other cats or domestic animals
is hereby presumed to be a vicious cat for the purposes of this section
until further determination of facts are made as hereinafter provided.
B.
It shall be the duty of the Chief of Police of the
Borough of Park Ridge or any person authorized by him or the governing
body of the Borough to receive and investigate complaints against
cats, and when any cat complained against shall be deemed by such
Chief of Police to be a vicious cat as herein defined, the said officer
shall file a complaint in the Municipal Court of the Borough which
shall thereupon cause the owner or person harboring such cat to be
notified in writing of the complaint and to appear before said Municipal
Court Judge at a stated time and place. Pending the disposition of
said complaint, the Chief of Police or other such authorized person
may order that the cat be restricted to the property of the owner
or person harboring said cat.
C.
The Municipal Court Judge, at the time set for such
hearing, shall inquire into the facts and give all interested persons
an opportunity to be heard, under oath, and to be represented by counsel,
and if the Municipal Court Judge shall decide that such cat complained
of is a vicious cat as defined by this section, notice of such decision
shall be given to the owner or person harboring such cat.
D.
No cat which has been so determined to be a vicious
cat shall be permitted to run at large, or be upon any street or public
place in the Borough. And the owner or person harboring such vicious
cat, who shall suffer or permit such cat to be upon any street, public
place or property in the Borough, other than the property of the owner
or person harboring such cat, shall be guilty of a violation of this
article.
The governing body shall have the power to:
A.
Hear and decide appeals where it is alleged by the
appellant that there is error in any order requirement, decision or
refusal made by the Animal Warden, Board of Health, Police Department
or other administrative official or agency based on or made in the
enforcement of this article.
B.
Hear and decide in accordance with the provisions
of this article requests for special exceptions from the requirements
of this article.
C.
No relief may be granted or action taken under the
terms of this section, unless such a relief can be granted without
substantial detriment to the public good, and will not substantially
impair the intent and purpose of this article.
A.
No person owning, keeping or harboring any cat shall
suffer or permit it to run at large upon any private property other
than that of the owner or person keeping or harboring said cat.
B.
Any cat found running at large, except as permitted
by this article, shall be deemed to be doing so with the permission
of the owner, keeper or harborer and such person shall be deemed guilty
of a violation of this article.
C.
No person owning, keeping or harboring any cat shall
suffer or permit it to enter any food establishment which, for the
purposes of this article, shall include any place used for the production,
preparation, manufacture, packing, storage, transportation or handling
of foodstuffs intended for sale or distribution.
D.
Any cat found in any place specified in Subsection C of this section shall be deemed to be in such place by permission or order of the owner, harborer or keeper of such cat, and any cat committing any of the acts specified in § 52-44 shall be deemed to have committed them by permission or order of the owner, harborer or keeper of such cat and such owner, harborer or keeper shall be guilty of a violation of this article.
E.
The Animal Warden shall be the person or firm so designated
by the governing body and acting as such from time to time.
[Amended 11-13-1984 by Ord. No. 84-12]
Any person who violates any section of this
article shall, upon conviction thereof, by punished by a fine of not
less than $5 nor more than $50 for each offense, to be recovered by
and in the name of the Borough and or imprisonment for a term not
exceeding 30 days.
