Township of Stillwater, NJ
Sussex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Health of the Township of Stillwater as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Pet waste — See Ch. 450.
[Adopted 6-21-1994 by Ord. No. 94-7 (Ch. BH-IX of the 1971 Revised General Ordinances)]
As used in this article, the following terms shall have the meanings indicated:
ANIMAL
For the purpose of this article, "animal" shall mean "cat."
ANIMAL CONTROL AUTHORITY
Any person or agency designated or certified by the State of New Jersey to enforce the provisions of this article.
CAT
Any member of the domestic feline species, male, female, or altered.
CAT OF CERTIFICATION AGE
Any cat which has attained the age of seven months or which possesses a set of permanent teeth.
CATTERY
Any room or group of rooms, cage or exhibition pen, not part of a kennel, wherein cats for sale are kept or displayed.
CERTIFICATION AUTHORITY
The agency or department of the Township of Stillwater or any designated representative thereof charged with administering the issuance and/or revocation of permits and certification under the provisions of this article.
NEUTERED
Rendered permanently incapable of reproduction as certified by a licensed veterinarian.
OWNER
When applied to the proprietorship of a cat, includes every person having a right of property (or custody) in such cat and every person who has such cat in his/her keeping or who harbors or maintains a cat or knowingly permits a cat to remain on or about any premises occupied by that person.
PERSON
Any individual, corporation, partnership, organization or institution commonly recognized by law as a unit.
[1]
Editor's Note: Former § 429-2, Rabies vaccination, was superseded 11-20-2006 by Ord. No. 2006-1, as amended 7-21-2008 by Ord. No. BOH 2008-1. Seee § 429-18, Rabies vaccination.
A. 
Cats must have certification displayed. Any person who shall own, keep or harbor a cat of certification age shall annually apply for and procure from the Clerk of the municipality, or other official designated by the governing body thereof to certify cats in the municipality in which he/she resides, a certification for each cat so owned, kept or harbored. Certifications are not transferable.
B. 
Time for applying for certificate. The owner of any newly acquired cat of at least six months of age shall make application for a certificate for such cat within 10 days after such acquisition or age attainment. This requirement will not apply to a nonresident keeping a cat within Stillwater Township for no longer than 90 days.
C. 
Cats brought into Stillwater Township.
(1) 
Any person who shall bring or cause to be brought into this Township any cat certified in another state for the current year, bearing registration tag or sleeve, and shall keep the same or permit the same to be kept within the Township of Stillwater for a period of more than 90 days shall immediately apply for certification for each such cat.
(2) 
Any person who shall bring or cause to be brought into this Township any uncertified cat and shall keep the same or permit the same to be kept within the Township for a period of more than 10 days shall immediately apply for certification for each such cat.
D. 
Application; contents; preservation of information. The application shall state the breed, sex, age, color and markings of the cat for which registration is sought and whether it is of a long- or short-haired variety and also the name, street and post office address of the owner and the person who shall keep or harbor such cat. The information on said application and the registration number issued for the cat shall be preserved for a period of three years by the Clerk or other local official designated to register cats in the municipality.
E. 
Certification forms. Certification forms shall be furnished by the municipality and shall be numbered serially and shall bear the year of issuance and the name of the municipality.
F. 
Evidence of inoculation with rabies vaccine or certification of exemption; requirement for certification. No Municipal Clerk or other official designated by the governing body of any municipality to register cats therein shall grant any such certification for any cat unless the owner thereof provides evidence that the cat to be registered 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 by § 429-2 of this article. The rabies inoculation shall be administered by a duly licensed veterinarian or by such other veterinarian permitted by law to do the same.
G. 
Certification fee schedule. The fee shall be established by the Stillwater Township Board of Health. A certification shall be issued after payment of the established fee.
H. 
Fees; renewals; expiration date of certification.
(1) 
The person applying for the certification shall pay the fee fixed or authorized. The fee for the renewal of certification shall be the same as for the original, and said certification and renewal thereof shall expire on ________________ in the following year.
(2) 
Only one certification shall be required in the certifying year for any cat in Stillwater Township. Any valid New Jersey tag or sleeve issued by a New Jersey municipality shall be accepted by this municipality as evidence of compliance.
I. 
Loss of certification. If a certification has been misplaced or lost, the Township Clerk may issue a duplicate certificate for that particular cat at a fee established by the Stillwater Township Board of Health.
J. 
Proof of certification. Proof of certification shall be produced by any person owning, keeping, maintaining or harboring a cat, upon the request of any health official, police officer, animal control officer or other authorized person.
K. 
Interfering with persons performing duties under this article. No person shall hinder, molest or interfere with anyone authorized or empowered to perform any duty under this article.
L. 
Disposition of fees collected. Registration fees and other moneys collected or received under the provisions of this article shall be forwarded to the Treasurer of the municipality, shall be placed in a special account separate from any of the other accounts of the municipality and shall be used for the following purposes only: for collecting, keeping and disposing of cats liable to seizure, for local prevention and control of rabies, for providing antirabies treatment under the direction of the local Board of Health for any person known or suspected to have been exposed to rabies and for administering the provisions of this article. Any unexpected balance remaining in such special account shall be retained until the end of the third fiscal year following, and at the end of each fiscal year thereafter, there shall be transferred from such special account to the general funds of the municipality any amount then in such account which is in excess of the total amount paid into the special account during the last two fiscal years next preceding.
Except as otherwise provided in this article, any person who violates or who fails or refuses to comply with this article shall be liable to a penalty set by the Stillwater Township Board of Health.
[Added 11-20-2006 by Ord. No. BOH 2006-1; amended 7-21-2008 by Ord. No. BOH 2008-1]
As used in this article, the following terms shall have the meanings indicated:
DOG
Any dog which has attained the age of six months or which possesses a set of permanent teeth.
KEEPER
Any person exercising control over a dog or permitting a dog to remain on premises under his control.
KENNEL
Any establishment where the business of boarding, selling or breeding dogs for sale is carried on, except a pet shop.
MISTREATED DOG
Any dog that is starved, beaten, dehydrated, injured and uncared for, or locked in a building unattended for a length of time which is adverse to the health of the dog, or induces the dog to bark incessantly and become a nuisance in the immediate vicinity.
OWNER
When applied to the proprietorship of a dog, includes every person having a right of property in the dog and every person who has a dog in his keeping.
PET SHOP
Any room or group of rooms, cage or exhibition pen, not part of a kennel, where dogs are kept or displayed for sale.
POUND
An establishment for the confinement of dogs seized either under the provisions of this article or otherwise.
POTENTIALLY DANGEROUS DOG
Shall have the meaning provided for in N.J.S.A. 4:19-18.
[Added 12-5-2017 by Ord. No. 2017-13]
SHELTER
Any establishment where dogs are received, housed and distributed without charge.
STRAY DOG
Any dog that is not on the premises of the owner or keeper, unless on a leash or in the complete control, on command, of someone at least 12 years of age.
VICIOUS DOG
Any dog which has been declared by a Municipal Judge to be a vicious dog or which has attacked or bitten any human being or which habitually attacks other dogs or domestic animals.
[Added 11-20-2006 by Ord. No. BOH 2006-1; amended 7-21-2008 by Ord. No. BOH 2008-1]
A. 
License; when required. Licenses shall be required for the following dogs of licensing age:
(1) 
Any dog or bitch over six months of age owned or kept within the Township by a resident of the Township on the first day of January of any calendar year.
(2) 
Any dog or bitch over six months of age acquired by any person during the course of any calendar year and kept within the Township for more than 10 days after acquisition.
(3) 
Any dog attaining the licensing age of six months during the course of the calendar year.
(4) 
Any unlicensed dog or bitch over six months of age brought into the Township by any person and kept within the Township for more than 10 days.
(5) 
Any dog, licensed by another state, brought into the Township by any person and kept within the Township for more than 90 days.
B. 
Application for license. Each application for a license under this article shall give the following information:
(1) 
A general description of the dog sought to be licensed, including breed, sex, age, color and markings, and whether the dog is of a long- or short-haired variety.
(2) 
Name, street and post office address of the owner of, and the person who shall keep or harbor, the dog.
C. 
Registration numbers shall be issued in the order in which applications are received.
D. 
Application for license; when made. Applications for licenses for dogs which are required to be licensed by the provisions of Subsection A(1) shall be made before January 31 of each calendar year. In all other cases, the application for a license shall be made at the time the dog in question first becomes subject to the provisions of this article.
E. 
License record. The information on all applications under this article and the registration number issued to each licensed dog shall be preserved for a period of three years by the Township Clerk. In addition, he shall forward similar information to the State Department of Health each month on forms furnished by the Department.
F. 
Fees. Except as hereinafter specifically provided, the person applying for a license shall pay the appropriate fee as follows:
[Amended 12-19-2013 by Ord. No. 2013-12]
(1) 
For a dog of reproductive age which has not been spayed or neutered: $14.
(2) 
For a dog which has been spayed or neutered or is not of reproductive age, provided that the applicant presents a certificate signed by a licensed veterinarian to that effect or the applicant submits his or her affidavit under oath as to such facts: $11. The same fee shall be charged for the annual renewal of each license, registration and tag.
(3) 
If application for a license and registration is not in compliance with Subsection C, a late charge of $5 per month shall be paid for each dog.
G. 
Expiration date. Each dog license and registration tag shall expire on the last day of January of the calendar year following the calendar year in which it was issued.
H. 
Exceptions. The provisions of this article shall not apply to any dog licensed under § 429-7 of this article. Dogs used as guides for blind persons and commonly known as "Seeing Eye dogs" shall be licensed in the same manner as other dogs, except that the owner or keeper shall not be required to pay any fee.
I. 
Potentially dangerous dog annual license fee: $700 per year or any part of a year.
[Added 12-5-2017 by Ord. No. 2017-13]
[Added 11-20-2006 by Ord. No. BOH 2006-1; amended 7-21-2008 by Ord. No. BOH 2008-1]
A. 
License required. Any person who keeps or operates or proposes to establish a kennel, pet shop, shelter or pound shall apply to the Township Clerk for a license entitling him to keep or operate the establishment. Any person holding the license shall not be required to secure individual licenses for dogs owned by the licensee and kept at the establishment; licenses shall not be transferable to another owner or different premises.
B. 
Application information. The application shall contain the following information:
(1) 
The name and permanent and local address of the applicant.
(2) 
The street address where the establishment is located or proposed to be located, together with a general description of the premises.
(3) 
The purposes for which it is to be maintained.
(4) 
The maximum number of dogs to be accommodated by the establishment at any one time.
C. 
Approval of Health Officer. No license shall be issued until the proposed applicant submits a written statement from the Health Officer of the Board of Health that the establishment or proposed establishment complies with local and state rules governing the location of and sanitation at the establishment.
D. 
License term. All licenses issued for a kennel, pet shop, shelter or pound shall state the purpose for which the establishment is maintained and all licenses shall expire on the last day of January of each year.
E. 
License fees. The annual license fees for kennel and pet shop licenses shall be as follows:
(1) 
Kennel accommodating 10 ten or fewer dogs: $10.
(2) 
Kennel accommodating more than 10 dogs: $25.
(3) 
Pet shop: $10.
(4) 
Shelter or pound: no fee.
F. 
Compliance with state regulations.
(1) 
All licenses issued for a kennel, pet shop, shelter or pound shall be subject to revocation by the Township Committee on recommendation of the State Department of Health or the board of health for failure to comply with the rules and regulations of the State Department of Health or the board of health, after the owner has been afforded a hearing by either the State Department of Health or the Board of Health.
(2) 
Any person holding a license to establish, keep or operate a kennel, pet shop, shelter or pound shall comply with all Township ordinances and the rules and regulations promulgated by the State Department of Health governing the sanitary conduct and operation of kennels, pet shops, shelters and pounds, the preservation of sanitation and the prevention of the spread of rabies and other diseases of dogs within and from these establishments.
G. 
Report to State Health Department. The Clerk shall forward to the State Department of Health a list of all kennels, pet shops, shelters and pounds licensed within 30 days after the licenses are issued, which list shall include the name and address of the licensee and the kind of license issued.
H. 
Control of dogs off premises. No dog kept in a kennel, pet shop, shelter or pound shall be permitted off the premises, except on leash or in a crate or other safe control.
[Added 11-20-2006 by Ord. No. BOH 2006-1; amended 7-21-2008 by Ord. No. BOH 2008-1]
A. 
License fees and other moneys collected or received under the provision of this article, except registration tag fees, shall be forwarded to the Township treasurer within 30 days after collection or receipt, and shall be placed in a special account separate from any of the other accounts of the Township and shall be used for the following purposes only: collecting, keeping and disposing of dogs liable to seizure under this article; local prevention and control of rabies; providing anti-rabies treatment under the direction of the local Board of Health for any person known or suspected to have been exposed to rabies; all other purposes prescribed by the statutes of New Jersey governing the subject, and for administering the provisions of this article. Any unexpended balance remaining in the special account shall be retained therein until the end of the third fiscal year following and may be used for any of the purposes set forth in this article. At the end of the third fiscal year following, and at the end of each fiscal year thereafter, there shall be transferred from the special account to the general funds of the Township any amount then in the account which is in excess of the total amount paid into the special account during the last two fiscal years next preceding.
B. 
The registration tag fee of $0.50 for each dog shall be forwarded within 30 days after collection by the Clerk to the State Department of Health.
[Added 11-20-2006 by Ord. No. BOH 2006-1; amended 7-21-2008 by Ord. No. BOH 2008-1]
The Chief of Police[1] of the Township shall annually cause a canvass to be made of all dogs owned, kept or harbored within the limits of the Township and shall report to the Clerk, the Board of Health and the State Department of Health the results thereof, setting forth in separate columns the names and addresses of persons owning, keeping or harboring dogs, the number of licensed dogs owned, kept or harbored by each person, together with the registration number of each dog, the number of unlicensed dogs owned, kept or harbored by each person, together with a complete description of each unlicensed dog.
[1]
Editor's Note: The Township Police Department was extinguished 9-21-2010 by Ord. No. 2010-8. The New Jersey State Police have agreed to provide full-time police coverage to the Township of Stillwater.
[Added 11-20-2006 by Ord. No. BOH 2006-1; amended 7-21-2008 by Ord. No. BOH 2008-1]
A. 
Complaint; investigation; report. It shall be the duty of the Police Department[1] and the Animal Control Officer to receive and investigate complaints against dogs. If they deem any dog complained of to be a vicious dog, they shall report their findings in writing to the Municipal Judge.
[Amended 12-5-2017 by Ord. No. 2017-13]
[1]
Editor's Note: The Township Police Department was extinguished 9-21-2010 by Ord. No. 2010-8. The New Jersey State Police have agreed to provide full-time police coverage to the Township of Stillwater.
B. 
Notice; hearing. The Municipal Judge shall notify, in writing, the owner or keeper of an allegedly vicious dog that a complaint has been made and require the person to appear before him at a stated time and place for a hearing. The Judge shall conduct the hearing in the same manner as he would conduct the trial of a criminal case. If the Judge decides that the dog complained of is a vicious dog, he shall so notify the owner or keeper of the dog.
C. 
Control of vicious dogs. No person owning or keeping a vicious dog shall permit the dog to be off the property of the owner or keeper without being securely muzzled.
[Added 11-20-2006 by Ord. No. BOH 2006-1; amended 7-21-2008 by Ord. No. BOH 2008-1]
A. 
Causes for impounding. The Animal Control Officer shall take into custody and impound, or cause to be taken into custody and impounded, any of the following dogs:
[Amended 12-5-2017 by Ord. No. 2017-13]
(1) 
Any unlicensed dog running at large in violation of the provisions of this article.
(2) 
Any dog off the premises of the owner of or the person keeping or harboring the dog which the Animal Control Officer or his agent has reason to believe is a stray dog.
(3) 
Any dog off the premises of the owner of or the person keeping or harboring such dog without a current registration tag on its collar.
(4) 
Any female dog in season off the premises of the owner of or the person keeping or harboring such dog.
(5) 
Any dog which has been determined to be a vicious dog as provided in § 429-10, provided that these dogs may also be seized by any police officer, and provided further that if the dogs cannot be seized with safety, they may be killed.
(6) 
Any mistreated dog.
B. 
Access to premises. Any officer or agent authorized or empowered to perform any duty under this article is hereby authorized to go on any premises to seize for impounding any dog which he may lawfully seize and impound when the officer is in immediate pursuit of the dog, except on the premises of the owner of the dog if the owner is present and forbids same.
C. 
Notice of seizure.
(1) 
If any dog so impounded or seized wears a registration tag, collar or harness showing the name and address of any person or the owner thereof, or the person keeping or harboring the dog is known, the Animal Control Officer shall immediately serve on the person whose address is given on the collar, or on the person owning, keeping or harboring the dog, a notice in writing stating that the dog has been seized and will be liable to be disposed of or destroyed if not claimed within seven days after service of the notice.
(2) 
A notice under this subsection may be served either 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 at the address given on the collar or by forwarding it by mail in a prepaid letter addressed to that person at his usual or last known place of abode or to the address given on the collar.
D. 
Disposition of unclaimed dogs. The Animal Control Officer is authorized and empowered to cause the destruction of any unclaimed dog, in as humane a manner as possible, under any of the following contingencies:
(1) 
When any dog so seized has not been claimed by the person owning, keeping or harboring the dog within seven days after notice or within seven days of the dog's detention when notice has not been or cannot be given, as set forth in the previous subsection.
(2) 
If the person owning, keeping or harboring any dog so seized has not claimed the dog and has not paid all expenses incurred by reason of its detention, including maintenance, not to exceed $5 for the first day and $1 per day for each additional day.
(3) 
If the seized dog is unlicensed at the time of its seizure and the person owning, keeping or harboring the dog has not produced a license and registration tag as provided in this article.
[Added 11-20-2006 by Ord. No. BOH 2006-1; amended 7-21-2008 by Ord. No. BOH 2008-1]
No person shall own, keep or harbor a dog in the Township except in compliance with the provisions of this article and the following regulations:
A. 
Wearing of registration. All dogs which are required by the provisions of this article to be licensed shall wear a collar or harness with the registration tag for the dog securely fastened thereto.
B. 
Use of registration tags. No person, except an officer in the performance of his duties, shall remove a registration tag from the collar of any dog without the consent of the owner, nor shall any person attach a registration tag to a dog for which it was not issued.
C. 
Interference with official duties. No person shall hinder, molest or interfere with anyone authorized or empowered to perform any duty under this article.
D. 
Disturbing the peace. No person shall own, keep, harbor or maintain any dog which habitually barks or cries.
E. 
Running at large. No person owning, keeping or harboring any dog shall permit it to run at large upon the public streets or in any public park, public building or other public place within the Township or on property owned by others without their permission. This subsection shall not apply to owners or their agents when training dogs for field trials or when using dogs for hunting or other game purposes, or working farm dogs, provided that such dog or dogs are under the immediate control of such owner or agent.
F. 
Leashing of dogs. No person owning, keeping or harboring any dog shall permit it to be upon the public streets or in any of the public places of the Township unless such dog is accompanied by a person over the age of 12 years and is securely confined and controlled by an adequate leash not more than eight feet long.
G. 
Property damage. No person owning, keeping or harboring a dog shall permit it to do any injury or to do any damage to any lawn, shrubbery, flowers, grounds or property.
[Added 11-20-2006 by Ord. No. BOH 2006-1; amended 7-21-2008 by Ord. No. BOH 2008-1]
Where it has been determined by a physician that a person has been bitten by a dog, the individual, or his parent or guardian if he is a minor, shall immediately notify the police. When the owner or keeper of any dog is notified by the police that the dog has bitten any individual, the owner or keeper of the dog shall comply with the following procedures:
A. 
Have the dog examined by a licensed veterinarian within 12 hours.
B. 
Have the dog kept in quarantine in the owner's home or at a kennel for a period of 10 days.
C. 
At the end of 10 days have the dog reexamined by a veterinarian and a written report of the dog's state of health sent to the Board of Health.
[Added 11-20-2006 by Ord. No. BOH 2006-1; amended 7-21-2008 by Ord. No. BOH 2008-1]
The Township Committee may, by proclamation, require all dogs and cats to be quarantined during any period in each year which may seem advisable.
[Added 11-20-2006 by Ord. No. BOH 2006-1; amended 7-21-2008 by Ord. No. BOH 2008-1; 12-5-2017 by Ord. No. 2017-13]
The Township Committee shall have the power to appoint an Animal Control Officer whose duty it shall be to enforce the provisions of this article. The Township Committee shall also have the power to appoint one or more persons, to be known as "dog catchers," who may impound unlicensed dogs running at large in violation of the provisions of this article and who shall make a monthly and annual report to the Committee. Unless and until another person is appointed Animal Control Officer pursuant to this article, the Chief of Police[1] of the Township shall act as Animal Control Officer and shall perform all of the duties appertaining to said office.
[1]
Editor's Note: The Township Police Department was extinguished 9-21-2010 by Ord. No. 2010-8. The New Jersey State Police have agreed to provide full-time police coverage to the Township of Stillwater.
[Added 11-20-2006 by Ord. No. BOH 2006-1; amended 7-21-2008 by Ord. No. BOH 2008-1]
No more than five dogs shall be owned or harbored by any person except in a kennel or pet shop duly licensed or in a pound or shelter.
[Added 11-20-2006 by Ord. No. BOH 2006-1; amended 7-21-2008 by Ord. No. BOH 2008-1]
No more than five cats shall be owned or harbored by any person except in a kennel or pet shop duly licensed or in a pound or shelter.
[Added 11-20-2006 by Ord. No. BOH 2006-1; amended 7-21-2008 by Ord. No. BOH 2008-1
A. 
Vaccination required; exceptions. No person shall own, possess, harbor or have in custody any dog and/or cat within the Township over six months of age unless it has been vaccinated against rabies by a duly licensed veterinarian. Any dog and/or cat may be exempted from the requirement of vaccination for a specified period of time by the Board of Health, upon the presentation of a certificate from a duly licensed veterinarian stating that by reason of age, infirmity or other physical condition the vaccination of the dog and/or cat, for such specified period of time, is not in the best interest of the animal. Nothing contained herein shall be deemed to require the vaccination of any dog and/or cat located in and confined to duly recognized and licensed kennels, dog and/or cat pounds, pet shops, shelters or veterinary hospitals.
B. 
Certificate.
(1) 
Delivery to Health Officer. Any person owning, possessing, harboring or having custody of any dog and/or cat shall obtain from the veterinarian who vaccinates the dog and/or cat against rabies, a standard immunization certificate and shall within 10 days of each vaccination or within 10 days after bringing the dog and/or cat into the Township, if the dog and/or cat was vaccinated before being brought into the Township, deliver the certificate to the Board of Health where it shall be filed with the records of the office.
(2) 
Required before issuance of license. No license required for the owning and keeping of dogs and/or cats by virtue of any law of the state or the Township shall be issued to any person unless a certificate issued by a duly licensed veterinarian is presented to and filed with the Board of Health showing that the dog and/or cat has been vaccinated against rabies. The certificate shall indicate that the vaccination has been made within four months from the date of the filing of the application for a license.
C. 
Free vaccination. The Health Officer is authorized and empowered to provide free vaccination of dogs and/or cats at a suitable clinic or place designated by him, to be conducted by a licensed veterinarian of the State of New Jersey. He is further authorized to make and adopt such rules and regulations not inconsistent with the terms and provisions of this section as he may deem necessary for the enforcement of this section.