[Added 5-16-1990 by Ord. No. 4-90[1]]
[1]
Editor's Note: This ordinance also repealed
former Art. IV, Diseases of Animals.
As used in this article, the following terms
shall have the meanings indicated:
Dog or cat for the purposes of this article.
Any person appointed by the Borough of Wanaque who possesses
a certification of animal control officer issued by the New Jersey
Department of Health or, in the absence of such an officer, the chief
law enforcement officer of the municipality or his designee.
To seize with the teeth or jaws so as to enter, nip or grip
the person or thing seized; also to cut, wound, pierce or impress
deeply the person or thing seized.
The Borough of Wanaque, in the County of Passaic.
Any member of the domestic feline species; male, female or
neutered.
Any cat which has attained the age of seven months or which
possesses a set of permanent teeth.
Any dog, bitch or spayed bitch.
Any dog which has attained the age of seven months or which
possesses a set of permanent teeth.
A person(s) having the same rights and responsibility of
an owner, and both terms, i.e., guardian and owner, shall be used
interchangeably. A guardian shall also mean a person who possesses,
has title to or an interest in, harbors or has control, custody or
possession of an animal and who is responsible for the animal's safety
and well being. The term “guardian” used in this instance
is not meant to elevate the status of animals nor reduce the value
of human life. It is not to be construed in the same vein as guardian
of a human being such as a child or someone who is elderly.
[Added 5-10-2004 by Ord. No. 7-0-04;
amended 12-12-2005 by Ord. No. 33-0-05]
Any establishment wherein or whereon the business of boarding
or selling dogs or breeding dogs for sale is carried on, except a
pet shop.
The person appointed by the Borough who shall be responsible for animal welfare within the jurisdiction of the municipality, and who shall enforce and abide by the provisions of Title 4, Chapter 22, of the New Jersey Revised Statutes, and any amendments thereof, and shall be authorized to investigate and sign complaints, arrest violators, and otherwise act as an officer for detection, apprehension, and arrest of offenders against the animal welfare and animal cruelty laws of the state and ordinances of the municipality.
[Added 10-15-2018 by Ord. No.
6-0-18]
To render permanently incapable of reproduction as certified
by a licensed veterinarian.
When applied to the proprietorship of an animal, includes
every person having a right of property. or custody, in such an animal
and every person who has such an animal in his/her keeping or who
harbors or maintains an animal or knowingly permits an animal to remain
on or about any premises occupied by that person. A person shall be
deemed to have an animal in his keeping or under his control whenever
the ownership or custody of such an animal is an unemancipated infant
or other member of his/her household; guardian.
[Amended 5-10-2004 by Ord. No. 7-0-2004]
The building or plot of land on which said building stands
and which the persons or owner/guardian of an animal has a place of
abode or place of business in the Borough.
[Amended 5-10-2004 by Ord. No. 7-0-04]
An individual, firm, partnership, corporation, association
of persons or institution commonly recognized by law as a unit.
Any room or group of rooms, cage or exhibition pen, not part
of a kennel, wherein animals for sale are kept or displayed.
An establishment for the confinement of animals seized either
under the provisions of this article or otherwise.
Any establishment where animals are received, housed and
distributed.
Any animal which, at any time, without provocation, has attacked
or shall attack a human being or another domestic pet, either while
upon or off the premises occupied by the person who is the owner/guardian,
or is keeping, harboring or having custody or possession of the attacking
animal. It shall also mean and include any animal which has caused
any human being engaged in a lawful activity or occupancy to be fearful
for his own safety by chasing or snapping at such person without provocation.
[Amended 5-10-2004 by Ord. No. 7-0-04]
[Amended 10-15-2018 by Ord. No. 6-0-18]
A.
The position of Director of Animal Control Services is hereby established
under the jurisdiction of the Department of Administration.
(1)
The Director of Animal Control Services shall be an employee of the
Borough and subject to the control and direction of the Borough Administrator
or his authorized representative.
(2)
The duties of the Director of Animal Control Services shall be those
duties of the Animal Control Officer, as well as responsibility to
oversee the Department's day-to-day performance and implementation
of all duties and responsibilities arising from the interlocal agreements
between the Borough and other municipalities in connection with the
provision of animal control services.
B.
The position of Animal Control Officer is hereby established under
the jurisdiction of the Department of Administration.
(1)
The Animal Control Officer shall be an employee of the Borough and
subject to the control and direction of the Borough Administrator
or his/her authorized representative.
(2)
The duties of the Animal Control Officer shall be the enforcement
of the measures and provisions for the control of the animal contained
in Title 4, Chapter 19, of the New Jersey Revised Statutes, and any
amendments thereof, and the provisions of this chapter. The Animal
Control Officer shall be available to render assistant in any situation
deemed necessary by the governing body of the Borough concerning any
animal-related matter, as permitted by law.
C.
The position of Municipal Humane Law Enforcement Officer is hereby
established. To be appointed to the position of Municipal Humane Law
Enforcement Officer, a person must have satisfactorily completed the
training course developed pursuant to N.J.S.A. 4:22-11.11, subject
to the provisions of same as applicable, as soon as practicable, but
no later than one year after the date on which the officer's
designation is approved by the Chief of Police.
(1)
The Municipal Humane Law Enforcement Officer shall be appointed by
the Mayor, upon the recommendation of the Chief of Police, with the
advice and consent of the Council, and shall serve a term of office
of one year, commencing on January 1 and terminating December 31 in
each year or the unexpired portion thereof.
(2)
The powers and duties of the Municipal Humane Law Enforcement Officer
shall include, but not be limited to, the following:
(a)
Enforcement of all animal welfare or animal cruelty laws of
the State of New Jersey and ordinances of the Borough.
(b)
Investigate and sign complaints concerning any violation of
an animal welfare or animal cruelty law of the State of New Jersey
or ordinance of the Borough.
(c)
Act as an officer for the detection, apprehension and arrest
of offenders against the animal welfare and animal cruelty law of
the State of New Jersey and ordinance of the Borough.
(d)
Such other powers and duties required under ordinance or law.
(3)
The Municipal Humane Law Enforcement Officer shall be authorized
to possess, carry and use a firearm while enforcing the laws and ordinances
enacted for the protection of animals, provided that such officer
qualifies and maintains all certification and training requirements
pursuant to law.
(4)
The Municipal Humane Law Enforcement Officer shall receive such compensation
as may be fixed and determined by the Council either in the annual
salary ordinance and implementing resolutions or by contract, as the
case may be.
[Amended 5-10-2004 by Ord. No. 7-0-04]
A.
No person shall keep or harbor or suffer the keeping
or harboring within the limits of the Borough of Wanaque any dog or
cat of licensing age without first obtaining a license therefor to
be issued by the Health Department of the Borough of Wanaque upon
application by the owner or guardian or some person on behalf of the
owner or guardian and payment of the prescribed fee, and no person
shall keep or harbor any dog or cat in the Borough except in compliance
with the provisions for the control of animals contained in Title
4, Chapter 19, Sections 15.1 through 15.29 of the Revised Statutes
of New Jersey and any amendments thereof (N.J.S.A. 4:19-15 et seq.).
B.
No person shall own, be the guardian of, keep or harbor
more than three dogs or cats with the Borough of Wanaque except for
properly licensed kennels, pet shops, shelters or pounds and except
for newborn and unweaned dogs or cats, which may be kept up to 90
days after weaning.
[Amended 5-10-2004 by Ord. No. 7-0-04]
A.
Any person who is the owner or guardian or keeps,
harbors or suffers the keeping or harboring of any dog of licensing
age within the Borough of Wanaque shall, in the month of January and
annually thereafter, apply for and procure from the Health Department
a license and official registration tag for each such dog so owned,
or under guardianship, kept or harbored and shall place upon each
such dog a collar or other device with the license number securely
fastened or displayed thereto.
B.
Any person who shall be the owner or guardian or shall
keep or harbor or suffer the keeping or harboring of any cat of licensing
age within the Borough of Wanaque shall, in the month of January and
annually thereafter, apply for and procure from the Health Department
a license and official registration tag for each such cat so owned,
or under the guardianship, kept or harbored and shall place upon each
such cat a collar or other device with the license number securely
fastened or displayed thereto. Acceptable methods of displaying license
numbers shall include, but not be limited to, breakaway collars or
elastic collars.
[Amended 5-10-2004 by Ord. No. 7-0-04]
A.
The person applying for a license and registration
tag shall be the same as for the original of said license and registration
tag, and renewal thereof shall expire on January 31 the following
year. Only one license and registration tag shall be required in any
licensing year for any dog or cat owned, or under guardianship, in
Wanaque Borough; such license and registration tag issued by any municipality
in the State of New Jersey shall be accepted as evidence of compliance
of this section.
B.
Any dog or cat owner or guardian or person harboring a dog or cat found to be unlicensed by the Borough Animal Control Officer or any other municipal official on or after February 1 shall be required to pay an additional delinquent fee as established in § 133-35.11, plus the required license fee as provided in this chapter for his animal license, together with any other fines due to summons issued that may be imposed on him as provided in this chapter for failure to obtain an animal license by January 31. The aforementioned fee shall not apply to animals which have been acquired by the owner after February 1, provided that said license is obtained 10 days after acquisition and sufficient proof is presented to establish the date the dog or cat is acquired.
C.
Dogs used as guides for blind persons and commonly
known as "Seeing Eye" dogs, dogs used to assist handicapped persons
and commonly known as "service dogs" or dogs used to assist deaf persons
and commonly known as "hearing ear" dogs shall be licensed and registered
as other animals heretofore provided for, except that the owner or
guardian or keeper of such dog shall not be required to pay any fee
thereof.
D.
The owner, guardian or keeper of any newly acquired
animal of licensing age shall make application for such license and
registration tag for such animal within 10 days after such acquisition
or age attainment.
E.
Any owner or guardian or keeper of a licensed dog or cat whose current license tag has been lost may obtain a replacement tag by applying to the Health Department immediately. A charge as established in § 133-35.11 of this chapter shall be paid for replacement of this tag.
F.
No person shall make use of, or have in his possession
or under his control, a stolen, counterfeit or forged dog or cat license
receipt, animal license registration tag or rabies vaccination certification
or other forms issued in accordance with the provisions of this chapter.
G.
Any person applying for a dog or cat license for a
neutered dog or cat must present to the licensing agent a veterinarian's
certification or notarized affidavit that said animal of reproductive
age has had its reproductive capacity permanently altered through
sterilization.
A.
All dogs and cats shall be vaccinated against rabies by a licensed veterinarian in accordance with the latest Compendium of Animal Rabies Vaccines and Recommendations for Immunization published by the National Association of State Public Health Veterinarians, except as provided for in § 133-35.2D of this chapter.
B.
Any person applying for a dog or cat license and registration tag must provide evidence to the Health Department that said animal has been inoculated with a rabies vaccine of a type approved by and administered in accordance with the recommendations of the United States Department of Agriculture and the United States Department of Human Services or has been certified exempt as provided for by § 133-35.1 of this chapter. The rabies inoculation shall be administered by a duly licensed veterinarian or by such other veterinarian permitted by law to do the same. Such vaccine shall be repeated at intervals as provided by regulations of the New Jersey Department of Health.
C.
A certificate of vaccination shall be issued to the
owner or guardian of each dog or cat vaccinated on a form recommended
by the State of New Jersey.
D.
Any dog or cat may be exempt from the requirement
of such vaccination for a specified period of time by the Health Department
upon presentation of a veterinarian's certificate stating that, because
of an infirmity or other physical condition or regimen of therapy,
the inoculation of such animal shall be deemed inadvisable.
[Amended 5-10-2004 by Ord. No. 7-0-04]
A.
Any person appointed for the purpose by the Borough
of Wanaque 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 section:
(1)
Any dog off the premises of the owner or guardian
or of the person keeping or harboring said dog which said official
or his agent or agents has reason to believe is a stray dog.
(2)
Any dog or cat off the premises of the owner
or guardian or of the person keeping or harboring said dog or cat
without a current registration tag on his collar.
(3)
Any female dog in season off the premises of
the owner or guardian or of the person keeping or harboring said dog.
(4)
Any dog or other animal which is suspected of
being rabid.
(5)
Any dog or other animal off the premises of
the owner or guardian reported to, or observed by, a certified Animal
Control Officer to be ill, injured or creating a threat to public
health, safety or welfare or otherwise interfering with the enjoyment
of property.
B.
If any animal so seized wears a collar or harness
having inscribed thereon or attached thereto the name and address
of any person or a registration tag or the owner or guardian or the
person keeping or harboring said animal is known, any person authorized
by the Borough shall forthwith serve on the person whose address is
given on the collar or on the owner or guardian or person keeping
or harboring said animal, if known, a notice in writing stating that
the animal 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.
C.
When any animal so seized has been detained for seven days after notice, when notice can be given as above set forth, or has been detained for seven days after seizure, when no notice has been given as above set forth, and if the person keeping or harboring said animal has not claimed said animal and paid all expenses incurred by reason of its detention, including maintenance, and if the animal be unlicensed at the time of the seizure, and the owner or guardian or person keeping or harboring said animal has not produced a license and registration tag for said animal, any person authorized by the Borough may cause the animal to be destroyed in a manner causing as little pain as possible consistent with the provisions of Title 4, Chapter 22, Section 19 of the Revised Statutes of New Jersey, and any amendments thereof (N.J.S.A. 4:22-19 et seq.).
[Amended 5-10-2004 by Ord. No. 7-0-04]
Any officer or agent authorized or empowered
to perform any duty under this chapter is hereby authorized to go
upon the premises to seize for impounding any animal or animals which
he may lawfully seize and impound when such officer is in the immediate
pursuit of such animal or animals, except upon the premises of the
owner or guardian of the animal if said owner is present and forbids
the same.
[Amended 5-10-2004 by Ord. No. 7-0-04]
A.
Whenever a dog, cat or other animal is affected by
rabies or suspected of being affected by rabies or has been bitten
by an animal known or suspected to be affected by rabies, the owner
or guardian or person in charge of the animal, or any person having
knowledge thereof, shall forthwith notify the Health Department of
the place where the animal is located. Said animal shall be quarantined
by the Wanaque Health Department as provided by law.
B.
Whenever a dog, cat or other animal bites a person,
the owner or guardian or person in charge of the animal, the person
bitten or parent or guardian of the same or the physician having professional
attendance upon such person bitten shall notify the Health Department
of the name, age, sex, color and precise location of the person so
bitten pursuant to the Revised Statutes of the State of New Jersey,
Title 26, Chapter 4, Sections 78 through 95 (N.J.S.A. 26:4-78 through
26:4-95). Said animal shall be quarantined by the Wanaque Health Department
as provided by law.
[Amended 5-10-2004 by Ord. No. 7-0-04]
No person shall suffer, permit or allow any
animal to injure or damage or soil or defile any lawn or shrubbery
or flowers or grounds or any property, either public or private, of
any person other than that of its owner or guardian. No person shall
suffer, permit or allow any dog to be upon any private or public property
other than the premises of the owner or guardian, without the consent
of the owner or guardian or tenant of the private or public property,
or to permit the dog to run unleashed off the premises of the owner
or guardian.
Chapter 307 of the Laws of the State of New
Jersey, 1989 (N.J.S.A. 4:19-17 through 4:19-35 et seq.) and the amendments
and supplements thereto are hereby adopted, enacted and incorporated
herein.
No person shall keep within the borough any
dog causing a nuisance and disturbing the peace and quiet of the neighborhood
in which it shall be kept by chronically howling, barking and/or making
and causing other sounds or noises.
A.
Any person who keeps or operates or proposes to establish a kennel, pet shop, shelter or pound shall apply to the Health Department for a license entitling him to keep or operate such establishment and shall pay an annual fee as established in § 133-35.11 of this chapter. The application shall describe the premises where the establishment is located or is proposed to be located and the purpose for which it is to be maintained.
B.
All licenses issued for a kennel, pet shop, shelter or pound shall expire on the last day of June of each year and be subject to revocation by the Borough for failure to comply with the rules and regulations governing kennels, pet shops, shelters and pounds pursuant to the New Jersey Administrative Code, Title 8, Chapter 23, Subchapter 3, and this chapter. (N.J.A.C. 8:23-3 et seq.). Any person holding such license shall not be required to secure individual licenses for animals owned or under the guardianship of such licensee and kept at such establishment. Such licenses shall not be transferable to another owner or guardian or different premises.
[Amended 5-10-2004 by Ord. No. 7-0-04]
C.
No animal kept in a kennel, pet shop, shelter or pound
shall be permitted off the premises, except on a leash or in a crate
or other method of safe control.
[Amended 5-10-2004 by Ord. No. 7-0-04]
The Health Officer or any person appointed for
the purpose, which person may include the Chief of Police or his designee,
shall annually cause a canvass to be made of all dogs and cats owned,
under the guardianship of, kept or harbored within the limits of the
Borough and shall report on or before September 1 of each year to
the licensing official and to the Board of Health the results thereof,
setting forth in separate columns the names and addresses of persons
owning, or having guardianship, or keeping or harboring unlicensed
dogs or cats, the number of unlicensed dogs and cats owned or under
guardianship , kept or harbored by each said person, together with
a complete description of each unlicensed animal.
[Amended 6-26-2007 by Ord. No. 1-0-07; 11-16-2011 by Ord. No. 2-0-11]
The following fees shall be paid to the Borough
of Wanaque for compliance with this chapter:
No person shall hinder, molest or interfere
with anyone authorized or empowered to perform any duty under this
chapter.
Any person who violates or who fails or refuses
to comply with the provisions of this article shall be subject to
a fine of not less than $5 nor more than $50 for each offense, except
for dogs running at large, wherein the first offense shall be $50,
the second offense shall be $75 and the third and subsequent offenses
shall be $100.
[Added 12-12-2005 by Ord. No. 33-0-05]
The spirit of this article is to foster an attitude
of responsibility on the part of a pet owner. This chapter does not
grant rights given to human beings under the United States Constitution,
but rather helps fortify the proper stewardship that individuals should
extend to animals under existing animal cruelty laws.
