[HISTORY: Adopted by the Board of Health
of the Borough of Wharton as indicated in article histories. Amendments
noted where applicable.]
[Sec. 15-8 of the Revised General Ordinances]
The short title of this article shall be the
"Dog Ordinance of the Borough of Wharton."
As used in this article, the following terms
shall have the meanings indicated:
Any member of the canine species, male or female.
The person or persons owning, controlling, keeping or harboring
a dog.
Any dog off and not on the premises of the owner.
A dog having no known owner, custodian or identification.
[Amended 5-4-2009 by Ord. No. O-01-09]
No person shall own, keep or harbor any dog
over the age of seven 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 dog for which the license is sought
and whether such dog is of long- or short-haired variety and whether
it has been surgically debarked or silenced. The application shall
also state the name and address of the owner and of the person who
shall keep, harbor or control the dog.
[Amended 5-4-2009 by Ord. No. O-01-09]
B.
No license or tag shall be issued for any dog unless the owner thereof produces a certificate of inoculation stating that the dog to be license has been inoculated against rabies, except as provided in § 343-10. 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 dog licenses shall expire on January 31 of every year.
[Amended 5-4-2009 by Ord. No. O-01-09]
Any person who owns, keeps or harbors a dog
of licensing age shall, within 10 days after he obtains possession
of such dog and annually thereafter in the month of January, apply
for and procure from the Clerk an official license tag for each dog
owned, kept or harbored and shall place upon each such dog a collar
or harness with the registration tag securely fastened thereto.
A maximum of five dog, cat, or a combination
thereof, licenses shall be issued to any one household. Dog licenses
may be issued to a minor.
Proof of licensing shall be produced by any
person owning, keeping or harboring a dog 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 dog shall
procure and possess a veterinarian's certificate indicating that such
a dog 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 dog 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 dog 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 dogs.
Any dog 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 any infirmity or other physical condition or regimen
of therapy, the inoculation of such dog shall be deemed inadvisable.
A.
The person applying for the license shall pay a fee
of $15.80 for the dog license for each dog owned by him/her and the
sum of $1 for the registration tag of each dog. A dog that has been
spayed or neutered shall, upon proof of certificate signed by a licensed
veterinarian, receive a reduced fee of $12.80 for the dog license
and $1 for the registration tag. An additional fee of $0.20 shall
be added to the licensing fee for the state's Pilot Clinic Fund. A
dog may also receive the reduced rate if proof of reason that to spay
or neuter would jeopardize the dog's health is certified by a licensed
veterinarian and presented at the time of licensing. A delinquent
fee of $5 per month per dog shall be added to a dog's renewal license
fee for 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 for the licensing
of dogs 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 his duties shall remove a license or metal tag from the collar
or harness of any dog without the consent of the owner, nor shall
any person attach a license tag to a dog for which it is 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 dog or dogs which
he may lawfully seize and impound when such officer is in immediate
pursuit of such dog or dogs, except upon the premises of the owner
of the dog if such owner is present and forbids 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 destroyed or offered for adoption, as provided in § 343-16, any dog off the premises of the owner or of the person keeping or harboring the dog on complaint of the police or the resident of the premises to which the dog has strayed as well as any dog which the Animal Control Officer has reason to believe is abandoned, diseased, injured or running at large.
A.
If any dog 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 dog is otherwise know, 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
dog has been seized and will be liable to be offered for adoption
or destroyed if not claimed within seven days after the service of
the notice.
[Amended 5-4-2009 by Ord. No. O-01-09]
B.
A notice under this subsection 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 dog seized and impounded shall be detained for seven days, during which time notice shall be given as set forth in § 343-16. If after the dog has been detained for seven days the owner or persons keeping or harboring the dog have not claimed it and paid all expenses incurred by reason of its detention as set forth in § 343-16, and if the dog 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 dog 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 dog shall be entitled to redeem such dog 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 (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.
|
Current rate that is charged by veterinarian
|
It shall be unlawful for any dog, registered,
unregistered, muzzled or unmuzzled, to travel unattended by at least
one person, and under no control by harness, rope, leash, or other
proper controlling device, upon public streets or other public or
private places other than the private property of the owner of such
dog or within a confined area designated and clearly marked with signs
by the Mayor and Council as a "dog park."
The owner of any dog or any person having the
care, custody or control of any dog which is not on property either
owned or leased by the person owning or having the care, custody or
control of such dog shall accompany the dog with a suitable airtight
container and shall immediately upon the discharge of any fecal matter
from such dog place such fecal matter in a suitable airtight container
to be disposed of only upon property owned or leased by the person
owning or having care, custody or control of such dog.[1]
[1]
Editor's Note: Original Sec. 15-8.22, Penalty,
which immediately followed this section, was repealed 5-4-2009 by
Ord. No. O-01-09.
No person shall cause, allow, permit or harbor
any dog that habitually barks or cries, creating a noise disturbance
across a residential real property line. For the purpose of this section,
noise disturbance from a barking dog may be defined as "that created
by a dog barking continuously for 30 minutes or intermittently for
60 minutes or more."[1]
[1]
Editor's Note: Original Sec. 15-8.24, Penalty,
which immediately followed this section, was repealed 5-4-2009 by
Ord. No. O-01-09.
[Amended 5-4-2009 by Ord. No. O-01-09; 5-9-2011 by Ord. No.
O-08-11; 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.
[Sec. 15-9 of the Revised General Ordinances]
The short title of this article shall be the
"Cat Ordinance of the Borough of Wharton."
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.
