The short title of this article shall be the "Cat Ordinance of the Borough of Wharton."
[Sec. 15-9 of the Revised General Ordinances]
As used in this article, the following terms shall have the respective meanings assigned to them hereunder:
Any member of the feline species, male or female.
The person or persons owning, controlling, keeping or harboring a cat.
Any cat off and not on the premises of the owner.
A cat having no known owner, custodian or identification.
No person shall own, keep or harbor any cat over the age of six months within the Borough without obtaining a license therefor, to be issued by the Borough Clerk upon application by the owner and payment of the prescribed fee.
A.
The application shall state the breed, name, sex, age, color and markings of the cat for which the license is sought and whether such cat is of long- or short-haired variety. The application shall also state the name and address of the owner or the person who shall keep, harbor or control the cat.
B.
No license or tag shall be issued for any cat unless the owner thereof produces a certificate of inoculation stating that the cat to be licensed has been inoculated against rabies, except as provided in § 343-31. Inoculation certificates that expire before the end of the licensure period are considered acceptable for licensing, provided the expiration date is no more than two months prior to the end of the licensure period. All cat licenses shall expire on January 31 of every year.
Any person who owns, keeps or harbors a cat over the age of six months shall, within 10 days after he obtains possession of such cat and annually thereafter in the month of January, apply for and procure from the Clerk an official license tag for each cat owned, kept or harbored and shall place upon each such cat a collar or harness with the registration tag securely fastened thereto.
A maximum of five cat, dog, or a combination thereof, licenses shall be issued to a household, with the exception of those property owners who are registered under a farmland assessment harboring or keeping such cats for rodent control. Cat licenses may be issued to a minor.
Proof of licensing shall be produced by any person owning, keeping or harboring a cat upon the request of any health official, police officer, animal control officer or other authorized persons.
A.
Any person who shall own, keep or harbor a cat shall procure and possess a veterinarian's certificate indicating that such cat has been inoculated against rabies and setting forth the date of such inoculation and the duration of immunity.
B.
The inoculation shall be made by a duly licensed veterinarian of the State of New Jersey or by such other veterinarian permitted by law to make same. The vaccine used shall be of a type approved by the United States government agency responsible for licensing manufacturers of veterinary biologicals. Each cat shall be inoculated against rabies each year, unless the veterinarian's certificate indicates a longer period of effectiveness.
C.
The certificate of inoculation shall be produced by any person owning, keeping or harboring a cat upon the request of any health official, police officer, animal control officer or any other authorized person.
The Department of Health is hereby authorized and shall conduct an annual free rabies inoculation clinic for cats.
Any cat may be exempted from the requirements of such vaccination for a specified period of time by the Department of Health upon presentation of a veterinarian's certificate stating that, because of an infirmity or other physical condition or regiment of therapy, the inoculation of such cat shall be deemed inadvisable.
A.
The person applying for the license shall pay a fee of $16.50 for the cat license for each cat owned by him/her and the sum of $0.50 for the registration tag of each cat. A cat that has been spayed or neutered shall, upon proof of certificate signed by a licensed veterinarian, receive a reduced fee of $13.50 for the cat license and $0.50 for the registration tag. A cat may also receive a reduced fee if proof of reason that to pay or neuter would jeopardize that cat's health is certified by a licensed veterinarian and presented at the time of licensing. A delinquent fee of $5 per month per cat shall be added to a cat's renewal license fee for any license issued five working days after the Borough's current year's free rabies clinic.
[Amended 11-2-2009 by Ord. No. O-18-09]
B.
All monies received by the Borough Clerk or Animal Control Officer for the licensing of cats pursuant to the provisions of this article shall be paid to the Borough Treasurer for rabies prevention in similar fashion to N.J.S.A. 4:19-15.11.
No person except an official in performance of this duties shall remove a license or metal tag from the collar or harness of any cat without the consent of the owner, nor shall any person attach a license tag to a cat for which it was not issued.
Any officer or agent authorized or empowered to perform any duty under this article shall be hereby authorized to enter any premises to seize for impoundment any cats which he may lawfully seize and impound when such officer is in immediate pursuit of such cat or cats, except upon the premises of the owner of the cat if such owner is present and forbids the same.
[Amended 5-4-2009 by Ord. No. O-01-09]
The Animal Control Officer shall take into custody and impound or cause to be impounded and thereafter to be offered for adoption or destroyed, as provided in § 343-38, any cat off the premises of the owner or of the person keeping or harboring the cat on complaint of the police or the resident of the premises to which the cat has strayed, as well as any cat which the Animal Control Officer has reason to believe is abandoned, diseased, injured or running at large.
A.
If any cat so seized wears a collar with a metal license tag attached thereto having inscribed thereon the name and address of any person, or if the owner or other person keeping or harboring the cat is otherwise known, the Animal Control Officer or any person authorized by him shall immediately notify the person whose address is given on the collar or harness or the person whose name is registered as the owner by telephone or mail. The notice shall state that the cat has been seized and will be liable to be offered for adoption or destroyed if not claimed within seven days after the service of notice.
[Amended 5-4-2009 by Ord. No. O-01-09]
B.
A notice under this section may be served by delivering it to the person on whom it is to be served, or by leaving it at the person's usual or last known place of abode, or by mailing the same to the address given on the collar or registration by regular and certified mail, return receipt requested.
[Amended 5-4-2009 by Ord. No. O-01-09]
Any cat seized and impounded shall be detained for seven days, during which time notice shall be given as set forth in § 343-37. If after the cat has been detained for seven days the owner or persons keeping or harboring the cat has not claimed it and paid all expenses incurred by reason of its detention, as set forth in § 343-39, and if the cat is unlicensed and of licensing age at the time of its seizure, the Animal Control Officer or any person authorized by him may cause the cat to be destroyed or offered for adoption in a manner provided by N.J.A.C. 8:23-3, Rules and Regulations Governing the Sanitary Conduct and Operation of Kennels, Pet Shops, Shelters and Pounds.
[Amended 11-2-2009 by Ord. No. O-18-09; 5-20-2013 by Ord. No. O-07-13]
The owner or any person having lawful rights to any impounded cat shall be entitled to redeem such cat upon furnishing satisfactory evidence of ownership to the Animal Control Officer and paying the following charges:
Impound fee (one-time fee) | $60 for the first offense, $75 for the second offense, and $100 for the third and each subsequent offense |
Boarding fee for kitten (birth to 6 weeks old, per day) | Current rate that is charged by vet plus $3 |
Boarding fee for cat (per day) | Current rate that is charged by veterinarian plus $3 |
Note: Boarding begins on day of seizure and includes the day owner picks up animal | |
Miscellaneous fees, which include, but are not limited to: | |
Medicine, flea or tick treatment, euthanasia, etc. | Rate that is charged by veterinarian |
[Amended 5-20-2013 by Ord. No. O-07-13]
Unless otherwise provided by statute, any person who shall violate the provisions of this article shall, upon conviction thereof, be punished by a fine not exceeding $50 for the first offense, a fine not exceeding $75 for the second offense, and a fine not less than $100, nor more than $500, for the third and each subsequent offense, within any eighteen-month period.