[HISTORY: Adopted by the Board of Health of the Township
of Monroe 5-12-2010 by Ord. No. BOH 1-10.[1] Amendments noted where applicable.]
This chapter shall be known as the "Animal Control Ordinance."
The words hereinafter defined shall have the meanings herein
prescribed for the purposes of this chapter as follows:
An animal of any age which has been left unattended or unclaimed
for a period of 72 hours or more.
Any method utilized to prevent reproduction of a dog or cat.
For the purposes of this chapter, an "animal" refers to a
dog, cat, or domesticated animal.
A structure used for housing an animal outdoors on private
property or business property.
A multiple dwelling containing six dwelling units or more.
An unleashed animal off the premises of the owner.
Any animal of the feline species (Felis catus).
An establishment for the treatment, care, boarding, or training
of dogs or cats for a fee, or a place where dogs or cats are bred
for resale or for a fee; and where the business is the primary source
of income; and where such establishment has been currently inspected
and approved for use by the Gloucester County Health Department and
any other applicable state agencies.
Any animal of the canine species (Canis familiaris) except
dingoes.
Any dog or cat which has attained the age of six months or
which possesses a set of permanent teeth.
An animal tamed and adapted to live in close association
with and to the benefit of humans.
Restrained by a leash no greater than six feet in length
which is attached to a collar or harness of sufficient strength to
restrain the animal and which shall be held by a person having the
ability to control the animal at hand.
A Monroe Township sworn law enforcement officer who is recommended
by the Police Chief of the Monroe Township Police Department and appointed
by the governing body via resolution pursuant to N.J.S.A. 4:22-14.1
with qualifications and duties as provided in N.J.S.A. 4:22-14.2.
[Added 11-14-2018 by BOH
1-2018]
Any person having a right of property in any animal, or any
person who has an animal in his/her custody, or any person offering
or allowing access to food, water, or shelter to any animal, or any
person exercising control over an animal or permitting, allowing or
suffering an animal to remain on premises under his/her control, or
anyone who takes an animal out into the public streets, sidewalks
or public ways.
An individual, firm, partnership, corporation or association
of persons.
Any place of business wherein animals, including, but not
limited to, dogs, cats, birds, fish, reptiles, rabbits, hamsters or
gerbils, are kept or displayed chiefly for the purpose of sale to
individuals for personal appreciation and companionship rather than
for business or research purposes; and where such establishment has
been and continues to be inspected and approved for use by the Gloucester
County Health Department and any other applicable agencies.
[Added 5-9-2012 by Ord. No. BOH 1-12]
Any dog or dog hybrid declared potentially dangerous by a
municipal court pursuant to Section 7 of P.L. 1989, c. 307 (N.J.S.A.
4:19-23).
See "shelter."
A block and lot with an occupied dwelling unit or dwelling
units on it.
An animal that causes damage to public or private property
or causes harm to any person.
An establishment for the confinement of dogs or cats seized
under the provisions of this chapter.
An animal having no known owner or custodian.
To confine an animal with rope, chain, or similar material
by which an animal is fastened so that it is able to range or feed
only within certain limits.
Any Township Code Enforcement Official, Township Police Department
officer, the Gloucester County Animal Control Officer, the Municipal
Clerk, or any other official or person assigned or designated by the
Mayor and/or Council.
[Amended 11-14-2018 by BOH 1-2018]
Any dog or dog hybrid declared vicious by a municipal court
pursuant to Section 6 of P.L. 1989, c. 307 (N.J.S.A. 4:19-22).
A.
Number of dogs/cats permitted.
[Amended 10-25-2021 by Ord. No. O:21-2021]
(1)
A property
within the Township of Monroe shall be limited to three dogs and three
cats, with the following exceptions:
(a)
The above limit does not apply to those having a valid commercial
kennel license;
(b)
The above limit does not apply to licensed police K9 dogs;
(c)
A maximum of one service dog per household. Service dog as defined as "service animal(s)" by the American with Disabilities Act (ADA) by the United States Department of Justice, as well as any local, state and/or federal laws. Any resident with more than one service dog will be required to file for an application for waiver as detailed under § 280-3C below. Service dog(s) will be required to follow all other licensing and vaccination requirements pursuant to § 280-4.
(2)
Apartment
complexes shall be exempt from this section, subject to the requirements
of such apartment complex.
B.
Grandfather clause. Notwithstanding Subsection A of this section, an owner who possesses more than three dogs and/or three cats as of the effective date of this chapter and in compliance with all prior ordinances shall be permitted to keep and maintain said number of dogs and/or cats as long as all such dogs and/or cats are properly licensed and altered or sterilized in accordance with the requirements of this chapter as of that date. Any owner shall be entitled to maintain the presently existing number of dogs and/or cats greater than the number permitted by this chapter until such dog and/or cat dies or is otherwise transferred out of the Township of Monroe. When one of the number of dogs and/or cats in excess of the number permitted by this chapter shall die or be transferred out of the Township of Monroe, such animal may not be replaced unless and until the number of dogs or cats owned or possessed by said owner is in compliance with this chapter.
C.
Application for waiver. An owner desirous of owning and maintaining
a number of dogs or cats in excess of that permitted by this chapter
shall have the right to make application to the Township of Monroe
Board of Health for a waiver of the maximum number of animals permitted
under this chapter. The application for a hearing before the Board
of Health must be submitted not less than 10 days prior to a regularly
scheduled Board of Health meeting, with notice published in the official
newspaper of the Township of Monroe not less than 10 days prior to
said meeting and written notice given to all property owners within
200 feet of the applicant's property. The applicant shall obtain a
certified list of all property owners within 200 feet of his/her property
from the Gloucester County Tax Assessor's office.
(1)
Type of notice. Notice must be made to all property owners within
200 feet of the applicant's property by regular and certified mail,
return receipt requested, with proof of service being presented to
the Board of Health at the time of the hearing, with an affidavit
setting forth that the mailing has been made to the appropriate property
owners.
(2)
Form of notice. The notice shall set forth the following:
(a)
The name and address of the applicant.
(b)
The address and lot and block number of the household or dwelling
unit for which the applicant is requesting a number of dogs and/or
cats in excess of the chapter requirement.
(c)
The nature of the waiver requested, setting forth the total
number of dogs and/or cats and the number of dogs and/or cats requested
in excess of the chapter requirement.
(d)
The date, time and place of the hearing before the Board of
Health.
(3)
Considerations for granting of waiver, burden of proof and vote.
By majority quorum of the Board of Health, the Board may grant or
deny an application for a request for a waiver based upon a preponderance
of evidence that the applicant has demonstrated good cause for the
granting of such waiver. In examining whether or not a waiver should
be granted, the Board of Health shall include the following factors
in its consideration:
(a)
The size of the property of the applicant where the dogs and/or
cats are intended to be kept.
(b)
The distance between the locations of where the dogs and/or
cats are intended to be kept on the applicant's property and the physical
location of an adjacent property owner's home or dwelling unit.
(c)
Whether the applicant's household is an apartment, condominium
or townhouse or a single-family detached dwelling.
(d)
Whether the applicant's property is fenced so as to shield the
cats and/or dogs from the sight of the surrounding property owners.
(e)
Whether the dogs and/or cats are kept in the applicant's home
or remain primarily outside of the applicant's home.
(f)
The breed and size of each dog or cat.
(g)
The prior history of complaints filed against the applicant
for violation of this chapter, or previous ordinances pertaining to
animal control, or its predecessor.
(h)
The zoning district of the applicant's property.
(i)
Whether the dogs and/or cats serve some purpose related to the
applicant's use of his/her property, i.e., whether the dogs are utilized
for security or the cats are utilized for rodent control.
(j)
Other such reasons as the Board may feel appropriate to consider
according to the case, facts and circumstances presented to the Board.
(4)
Stating of number of dogs and/or cats. Should the Board grant the
applicant's request for a waiver, the Board shall set the number of
dogs and/or cats permitted for the applicant's household or dwelling
unit in excess of that permitted by this chapter.
(5)
Licensing and fees. In the event a variance is granted, the application fee shall be $175. Such variance shall not be transferable to another owner or different premises. Each dog or cat must be licensed yearly in accordance with § 280-4 of this chapter and § 74-21.
[Added 10-10-2012 by BOH 3-12[1]]
[1]
Editor’s Note: This ordinance also provided for the
renumbering of former Subsection C(5) as Subsection C(6).
(6)
Revocation of waiver. A waiver granted by the Board of Health to an applicant may be revoked by the Board by proper application made by a Township official or a Township resident by making application to the Board of Health at least 10 days prior to a Board of Health meeting and by serving notice upon the owner by regular and certified mail, return receipt requested, of the application for revocation of the waiver. The notice shall also include a factual basis for the requested revocation. A hearing shall then be held by the Board of Health on the application for revocation. The Board will evaluate the application for revocation of waiver based upon the same criteria previously set forth herein under Subsection C(3)(a) through (j) of this chapter and any other factors brought out in the factual basis.
A.
License requirement. No person shall own, keep, harbor, or maintain
any dog or cat over six months of age within the Township of Monroe
unless such dog or cat is licensed. The provisions of this section
do not apply to dogs or cats held by a state or federally licensed
research facility, a veterinary establishment, shelter, pound, licensed
commercial kennel, or pet shop. No dog or cat may be licensed without
proof of vaccination as detailed below.
B.
Dogs or cats subject to the licensing requirement. Any dog or cat
is subject to the following licensing requirements:
(1)
Any dog or cat acquired by any person during the course of any calendar
year and kept within the Township for more than 10 days after acquisition.
(2)
Any dog or cat attaining licensing age during the course of the calendar
year.
(3)
Any unlicensed dog or cat brought into the Township by any person
and kept within the Township for more than 10 days.
(4)
Any dog or cat licensed by a township or municipality of another
state brought into the Township by any person and kept within the
Township for more than 90 days.
C.
Previously licensed pets. Only one license and registration tag shall
be required in any licensing year for any dog or cat owned in New
Jersey, and a license and tag issued by any other municipality in
this state shall be accepted by the Township as evidence of compliance
with this section. However, upon the expiration of the license for
that dog or cat issued by another municipality of this state, said
dog or cat shall be so licensed in accordance with this chapter. The
owner of any such dog or cat shall provide to the Township a copy
of the license which was issued by the other municipality.
D.
Licensing and fees.
(1)
(2)
A late fee of $5, in addition to the fees set forth above, shall
be imposed upon any owner of a dog or cat within the Township who
qualified for a license on the first day of each year if not licensed
on or before the first day of April of each calendar year.
[Amended 3-12-2014 by Ord. No. BOH 1-14]
(3)
Any owner who fails to obtain a license for a dog or cat as required
herein shall, upon conviction thereof, be subject to a fine not to
exceed $100 for the first offense and up to $200 for each subsequent
offense.
E.
Vaccination. All dogs and cats within the Township of Monroe shall
be vaccinated against rabies in accordance with the following:
(1)
Vaccination shall be performed by a veterinarian licensed to practice
in the State of New Jersey. The vaccine utilized shall be from a manufacturer
licensed by the Bureau of Animal Husbandry of the United States Department
of Agriculture or such other agency as shall be approved by the State
Department of Health. The dosage shall be as recommended by the manufacturer.
All dogs and cats shall be revaccinated before the expiration of the
period of time for which the vaccine used is known to be effective.
(2)
The Health Officer may exempt any dog or cat from the provisions of this Subsection E if there is presented to him/her a certificate from a licensed veterinarian stating that it would not be desirable to vaccinate a particular dog or cat for a specified period of time because of the animal's age, infirmity or other physical condition.
(3)
No vaccination shall be required for any dog or cat confined to a
licensed kennel, pet shop, shelter, pound or veterinary hospital.
(4)
The fact that a dog or cat has been vaccinated against rabies shall
be evidenced by a certificate from the veterinarian performing the
vaccination. The certificate shall either be on a form approved by
the Health Officer or a State or County Board of Health officer or
a standard immunization certificate shall be used by the veterinarian.
The certificate shall be presented to the Health Officer within 10
days after each vaccination. In the case of dogs or cats vaccinated
before being brought into the Township, the certificate shall be presented
to the Health Officer within 10 days after the animal is brought into
the Township.
(5)
No dog or cat license shall be issued until the certificate indicating
that the dog or cat has been vaccinated against rabies or the certification
that it is not necessary to vaccinate the dog or cat is endorsed by
the Township Health Officer or other designated person and has been
presented to the Township Clerk.
F.
Wearing of collar and registration tag. All dogs and cats for which
licenses are required by the provisions of this chapter shall wear
a collar or harness with the registration tag for such dog or cat
securely fastened to it. No person, except an appropriate officer
in the performance of his or her duties, shall remove a registration
tag from the collar of any dog or cat without consent of the owner,
nor shall any person attach a registration tag to a dog or cat which
was not issued in accordance with this chapter.
[Added 5-9-2012 by Ord. No. BOH 1-12]
A.
License
required. Any person who keeps or operates or proposes to establish
a commercial kennel, pet shop, shelter or pound shall apply to the
Township of Monroe Board of Health for a license entitling him/her
to keep or operate such establishment. Any person holding such license
shall not be required to secure individual licenses for dogs/cats
owned by such licensee and kept at such establishments. Such licenses
must be exhibited in a conspicuous place on the licensed premises
and shall not be transferable to another owner or different premises.
All licenses issued shall state the purpose for which the establishment
is maintained, and all such licenses shall expire on the last day
of June of each year.
B.
Application
for license. The application shall contain the name and address of
the owner/applicant, the street address where the establishment is
located or proposed to be located, the purposes for which it is to
be maintained, and shall be accompanied by the written approval of
the enforcing official of the Board of Health or the Township Board
of Health showing compliance with the local and state rules and regulations
governing the location and sanitation at such establishments, and
shall be accompanied in writing by the approval of the adjoining property
owners within 200 feet of the proposed establishment.
D.
Inspections;
compliance; revocation. The Board of Health or its representatives
shall at all times have right of reasonable inspection over the premises
licenses as herein provided. All licenses issued for 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
and Senior Services governing the sanitary conduct and operation of
kennels, pet shops, shelters and pounds, the preservation of sanitation
therein, and the prevention of the spread of rabies and other diseases
within and from such establishments. All licenses issued are subject
to revocation by the Township Board of Health on recommendation of
the State Department of Health and Senior Services or the Township
Board of Health for failure to comply with the rules and regulations,
after the owner has been afforded a hearing by either the State Department
or the Township Board of Health.
E.
Safe
control required. No animal kept in a kennel, pet shop, shelter or
pound shall be permitted off such premises, except on leash or in
a crate or other safe control.
F.
Report
to State Department. The Township Board of Health shall forward to
the State Department of Health and Senior Services a list of all kennels,
pet shops, shelters and pounds licensed within 30 days after the licenses
therefor are issued, which list shall include the name and address
of the licensee and the kind of license issued.
Any dog or cat owner who shall suffer, allow or permit any unlicensed
dog or cat to run at large or who shall suffer, allow, or permit any
dog or cat, whether licensed or not, to run at large without the tag
as provided by law or who shall cause or permit any unlicensed dog
or cat to wear such a tag shall be guilty of a violation of this chapter.
A.
Pursuant to N.J.S.A. 4:19-17 et seq., if the Municipal Court declares
any dog to be potentially dangerous, it shall issue an order and a
schedule for compliance which, in part:
(1)
Shall require the owner to comply with the following conditions:
(a)
To apply, at his/her own expense, to the Municipal Clerk or
other official designated to license dogs for a special municipal
potentially dangerous dog license, municipal registration number,
and red identification tag issued pursuant to Section 14 of this Act.[1] The owner shall, at his/her own expense, have the registration
number tattooed on the dog in a prominent location. A potentially
dangerous dog shall be impounded until the owner obtains a municipal
potentially dangerous dog license, municipal registration number,
and red identification tag;
[1]
Editor's Note: See N.J.S.A. 4:19-30.
(b)
To display, in a conspicuous manner, a sign on his/her premises warning that a potentially dangerous dog is on the premises. The sign shall be visible and legible from within 50 feet of the enclosure required pursuant to Subsection A(1)(c) of this section; and
(c)
To immediately erect and maintain, for the potentially dangerous
dog, on the property where the potentially dangerous dog will be kept
and maintained, an enclosure which has sound sides, top and bottom
to prevent the potentially dangerous dog from escaping by climbing,
jumping or digging and a fence of a least six feet in height separated
from the confined area by at least three feet. The owner of a potentially
dangerous dog shall securely lock the enclosure to prevent the entry
of the general public and to preclude any release or escape of a potentially
dangerous dog by an unknowing child or other person. All potentially
dangerous dogs shall be confined in the enclosure or, if taken out
of the enclosure, securely muzzled and restrained with a tether approved
by the Animal Control Officer and having a minimum tensile strength
sufficiently in excess of that required to restrict the potentially
dangerous dog's movements to within a radius of no more than three
feet from the owner and under direct supervision of the owner.
(2)
May require the owner to maintain liability insurance in an amount
determined by the Municipal Court to cover any damage or injury caused
by the potentially dangerous dog. The liability insurance, which may
be separate from any other homeowner policy, shall contain a provision
requiring the municipality in which the owner resides to be named
as an additional insured for the sole purpose of being notified by
the insurance company of any cancellation, termination or expiration
of the liability insurance policy.
B.
Appeal of decision. The owner of the dog, or the Animal Control Officer
in the municipality in which the dog was impounded, may appeal any
final decision, order, or judgment, including any conditions attached
thereto, of a municipal court pursuant to P.L. 1989, c. 307 (N.J.S.A.
4:19-17 et seq.) by filing an appeal with the Superior Court, Law
Division, in accordance with the Rules Governing the Courts of the
State of New Jersey pertaining to appeals from courts of limited jurisdiction.
The Superior Court shall hear the appeal by conducting a hearing de
novo in the manner established by those rules for appeals from courts
of limited jurisdiction.
A.
General requirements. No person shall at any time cause or allow
any dog, cat, or domesticated animal to be kept outside on private
or public property within the Township of Monroe excepting that:
(1)
The animal shall have access to and be provided with suitable and
edible food of sufficient quantity on a daily basis, replenished at
a minimum of every 12 hours.
(2)
The animal shall at all times have access to and be provided with
clean water (cool in the summer and unfrozen in the winter).
(3)
The animal shall have access to an area to defecate or urinate separate
from the areas where it must eat, drink, or lay down.
(4)
Fecal matter must be removed on a daily basis and within 24 hours
of being deposited.
(5)
The primary area where the animal is kept must be located behind
the principal dwelling on the property.
(6)
It shall be prohibited to allow any dog, cat, or domesticated animal
to be kept outdoors at any vacant structure or premises at any time.
(7)
When the outside ambient temperature is 32º F. or less, or 90º
F. or higher, the animal shall not be kept outdoors for more than
four consecutive hours during any twenty-four hour period.
[Added 11-14-2016 by Ord.
No. BOH 2-2016]
B.
Animal housing. No person shall keep, use, or maintain a dog, cat,
or domesticated animal outdoors on any premises unless such animal
has access to housing meeting all of the following:
(1)
The housing shall be provided with five weatherproof sides, including
a top, a bottom, and a minimum of three sides. The housing must have
an entrance covered by a self-closing swinging door or covering or
an L-shaped entrance to prevent the wind and elements from entering
the house.
(2)
The housing must be moistureproof, weathertight, and maintained in
good repair.
(3)
The housing must be placed in a dry area free of debris, feces, and
standing water.
(4)
The housing area shall be maintained in a clean and sanitary condition.
(5)
If multiple animals are present in one location, each animal must
have separate and clean housing.
C.
Tethering. No person shall at any time fasten, chain, or tether any
dog, cat, or domesticated animal or cause or allow such animal to
be fastened, chained, or tethered on private or public property within
the Township of Monroe excepting that:
(1)
Any restraint system shall be situated and terminate no less than
10 feet from any adjacent property boundary.
(2)
Any restraint system must be situated and terminate no less than
five feet from any fence, pool, wall, vehicle, tree, or any other
object or obstruction upon which any animal may harm itself.
(3)
The tether is to be constructed of a secure, lightweight material
that shall not exceed 1/8 of said animal's total body weight.
(4)
The animal must be provided with a properly fitting harness or buckle-type
collar. Such collar attaching the tether to the animal shall be constructed
of leather, nylon, or comparable material. Said collar shall be maintained
in good condition. Metal and choke collars are prohibited.
(5)
The tether shall be at least 15 feet in length and not less than
3 1/2 times the length of the animal, whichever is longer, as
measured from the animal's nose to the base of its tail.
(6)
The tether shall be provided with swivels at both ends and shall
be maintained tangle free.
(8)
It shall be prohibited to tether any dog or cat less than six months
of age.
(9)
It shall be prohibited to tether animals to barrels, vehicles, any
object which is not stationary, or other objects which may harm or
injure the animal.
(10)
The tether area must be kept clean and clear of any debris that
may harm or cause any dog or cat to become entangled.
D.
Fencing. No person shall at any time cause or allow any dog, cat,
or domesticated animal to be kept within a fenced area on private
or public property within the Township of Monroe excepting that:
(1)
Any dog, cat, or domesticated animal confined within a fenced area
must have adequate space for exercise and movement, which space shall
not be less than 100 square feet.
(2)
The fencing shall be constructed and maintained as to prevent the
animal from leaving or escaping the fenced area and to prevent other
animals from entering the fenced area.
A.
Habitual barking. No person shall own any dog which habitually cries
or barks in a manner which would annoy or disturb a reasonable person.
An "annoyance or disturbance," for the purpose of this section, shall
be defined as barking, howling or crying continuously for a period
of 10 minutes or more or intermittently for 30 minutes or more. A
violation of this section shall subject the owner of the offending
dog to the penalties for a violation of this chapter.
B.
Running at large; leash required; certain public places prohibited.
No person owning a dog shall permit it to run at large upon the public
streets or in public parks, public buildings or in any other public
place within the Township, nor permit a dog to run at large upon private
property without permission of the owner. No person owning a dog shall
permit it upon the public streets or in any other public place in
the Township unless the dog is accompanied and controlled by a person
over the age of 10 and is securely fastened to a leash. Notwithstanding
the provisions of this section, it shall be a violation of this chapter
for any person owning, keeping or harboring any dog to suffer or permit
such dog, whether on a leash or not, to be in any parks or upon any
recreation or athletic fields owned, maintained or operated by the
Township of Monroe or upon any property owned, maintained or operated
by the Board of Education of the Township of Monroe.
C.
Nonaltered or nonsterilized cats running at large prohibited. It
shall be a violation of this chapter for the owner of any cat, where
such cat has not been altered or sterilized (and proof is shown thereof
by the owner) and licensed in accordance with requirements of this
chapter and properly displaying a tag as required, to allow such cat
to run at large within the Township of Monroe.
D.
Damage to property prohibited. No person owning or in control of
a dog or cat shall allow it to damage any lawn, shrubbery, flowers
or grounds of any public park, public building or other public place
within the Township or upon any private property.
E.
Damage or injury to other property, pets, or persons prohibited.
It shall be a violation of this chapter for an owner of a dog or cat
to suffer, allow, or permit the following prohibited acts:
(1)
Biting, chasing, jumping upon, interfering with, or otherwise impeding
pedestrian traffic or the mobility of any person on public property
or within a public sidewalk or right-of-way.
(2)
Chasing, leaping upon, interfering with, or otherwise impeding the
progress of any bicyclist or other person utilizing self-powered transportation
or motor vehicle or motorized transportation on any public or private
road, public property, or within a public right-of-way.
(3)
Barking, growling, or otherwise displaying aggressive behavior towards
a human being and placing a person in reasonable apprehension of bodily
harm or injury.
(4)
Destroying or damaging any structure or equipment on any public park,
public building or other public place or upon private property.
F.
Defecation on public or private property prohibited; exception.
(1)
No person owning, harboring, keeping or in charge of any dog or cat
shall cause, suffer or allow such a dog to soil, defile, or defecate
on or commit any nuisance on any common thoroughfare, sidewalk, passageway,
bypass, park, open space area, or any place where people congregate
or walk or upon any public property whatsoever, or upon any private
property without the permission of the owner of the property.
(2)
Notwithstanding anything contained in Subsection F(1) to the contrary, the restrictions as set forth above shall not apply to that portion of the street lying between the curblines which shall be used to curb such dog upon the following conditions:
(a)
The person who curbs the dog shall immediately remove feces
deposited by the dog by a sanitary method, such as in a sealed, nonabsorbent,
leakproof container (i.e., plastic bag).
(b)
The feces removed from the aforementioned designated area shall
be disposed of in a sanitary manner by the person owning, harboring,
keeping or in charge of any dog curbed but shall not be placed in
a public trash receptacle or storm drain.
(3)
Any owner or person in custody of any dog or cat being walked upon any common thoroughfare, sidewalk, street, passageway, path or any place where people congregate must have in his/her possession a sealed, nonabsorbent, leakproof container as described in Subsection F(2)(a) above and appropriate materials or devices to remove feces deposited by the animal. The failure to possess such container and materials to clean up feces deposited by the animal shall constitute a violation of this chapter.
(4)
The requirements of this section shall not apply to the owner of
any dog when said dog is utilized as a guide for any person or owner
who is legally blind.
G.
Placement of food outside of residence without a licensed pet prohibited.
No property owner shall permit food for any animal to be placed outside
of his/her home unless he/she is the owner of a licensed pet and the
food is placed in the outside area where the pet is kept.
A.
Impounding, right of entry and notice to owner.
(1)
Any Township official of the Township of Monroe empowered to perform
any duty under this chapter is hereby authorized to take into custody
and impound any of the following dogs or cats:
(a)
Any dog or cat which is off the premises of the owner and which
such appropriate officer has reason to believe is a stray.
(b)
Any dog or cat which is off of the premises of the owner and
which is without a current registration tag on its collar.
(c)
Any female dog in season which is off of the premises of the
owner.
(d)
Any cat that has not been altered or sterilized.
(2)
If any dog or cat is impounded and seized and is wearing a registration
tag attached to its collar or harness, having inscribed on it or attached
to it the name and address of any person or the owner of the dog,
a notice shall be given in writing and served on the premises of the
person or owner within 24 hours of the seizure, stating that the dog
or cat has been seized and will be liable to be disposed of or destroyed
if not claimed within seven days after the service of notice. Notice
may be served either by delivering it in person 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 dog's or cat's
collar or by forwarding it by mail in a prepaid letter addressed to
that person at such address.
(3)
Any officer authorized or empowered to perform any duty under this
chapter is hereby authorized to go upon any premises to seize for
impounding any such dogs or cats when such officer is in immediate
pursuit of such animal.
B.
Destruction of impounded dogs or cats. When any dog or cat has been
detained for seven days after notice as set forth above has been given,
or has been detained for seven days after seizure when notice has
not been given due to the owner of such animal being unknown, and
the owner or person keeping or harboring the dog or cat whose name
is on the tag of the registration has not claimed the dog or cat and
paid all expenses incurred by reason of its detention, including any
applicable redemption, maintenance, or other fees, and paid the appropriate
licensing fees paid in full and produced proof of vaccination, the
dog or cat may be destroyed in an appropriate and humane manner or
may be adopted by a responsible party. All fees set forth herein may
be paid directly to the Township official empowered to receive such
fees.
A.
Biting of a person by a dog or cat. When any dog or cat bites a person,
the Township official may order the owner of the dog or cat to confine
it, either on the owner's premises or at any other reasonable location
at the owner's sole cost and expense which the officer shall designate,
for a period of not less than 10 days.
B.
Examination of confined animals. The Township Health Officer, an officer of the County Board of Health, or a Township official shall have the right to examine any dog or cat confined under the provisions of Subsection A herein at any time, including daily examinations for a period of 10 days after the dog or cat has attacked or bitten any person, to ascertain whether the animal shows signs or symptoms of rabies.
C.
Release of confined animals. Following the passage of 10 days as required by Subsection A herein, an animal so quarantined shall be released, but only upon the issuance of a certificate of release which shall indicate that the animal appears to be healthy and free from rabies. Said certificate shall be maintained by the appropriate Township official, and upon release of the animal a copy shall be provided to the owner and the individual bitten by the animal.
A.
The Township
official shall enforce the provisions of this chapter. Nothing herein
shall prohibit a private citizen from bringing or signing a complaint
for an alleged violation of this chapter.
B.
Compliance with requirements. Any owner of an animal within the Township,
by the act of owning such animal, does thereby authorize the Township
official to enter the property where such animal is kept to investigate
any alleged or suspected violation of any provision of this chapter.
[Added 11-14-2016 by Ord.
No. BOH 2-2016]
[Added 11-14-2018 by BOH
1-2018[1]]
The Gloucester County Animal Control Officer, or other designate,
may investigate and/or require compliance for violations pursuant
to N.J.S.A. 4:22. In the event the Gloucester County Animal Control
Officer, or designate, sees or recognizes a potential criminal situation,
or the need arises where a criminal investigation is warranted, the
Gloucester County Animal Control Officer shall make contact/report
to the Municipal Humane Law Enforcement Officer for further action.
The Gloucester County Animal Control Officer may continue to contribute
to the investigation as requested or required.
No person shall hinder, molest, or interfere with anyone authorized
or empowered to perform any duty under this chapter.
Except as provided in § 280-4D(3), any person found to be in violation of or found to have failed to comply with any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine of not less than $100 and not more than $1,000 or imprisonment in the county jail for a term not to exceed 90 days, or both. Each day of such violation or failure to comply shall constitute a separate offense and, therefore, is not subject to merger either for the purposes of the violation or imposition of fines and penalties.
[Added 11-14-2016 by Ord.
No. BOH 2-2016[1]]
Cruelty in general shall include a person who shall inflict
unnecessary cruelty upon a living animal or creature, by any direct
or indirect means, including, but not limited to, through the use
of another living animal or creature; or leave the living animal or
creature unattended in a vehicle under inhumane conditions adverse
to the health or welfare of the living animal or creature.
[Added 11-14-2016 by Ord.
No. BOH 2-2016]
A.
No owner, caretaker, guardian or handler shall withhold proper shelter,
protection from weather, veterinary care and immune care to any animal.
No owner, caretaker, guardian or handler shall fail to provide his
or her animal with sufficient food and drinkable water on a daily
basis. Food and water must be in an animal-food-consumption or water-consumption-type
container, feeder or waterer.
B.
No animal shall be subjected to unnecessary suffering and cruelty
such as subjecting the animal to prolonged fear, injury, pain or physical
abuse. Interaction with humans and other animals shall not be unreasonably
withheld.
C.
No animal shall be kept outdoors for more than four consecutive hours during any twenty-four-hour period when the outside ambient temperature is 32º F. or less, or 90º F. or higher [as per § 280-7A(7)].
A.
LIVESTOCK
RUNNING AT LARGE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
All horses, ponies, donkeys, mules, miniature breeds and
all other equine; all domestic and exotic pigs, hogs, and other swine;
all cattle, goats, sheep, and all other bovine; all llamas, alpacas,
camels, and all other camelids; all chickens, ducks, geese, guinea
hens, peacocks, turkeys, emus, rheas, and all other poultry and fowl;
and all other animals traditionally raised for food, fiber, fur, or
production means.
Any livestock situated upon any public street, park, or any
other public place while unrestrained or situated upon any private
property, including the property of the livestock owner, while not
restrained by a sufficient fence, enclosure or tether.
B.
Livestock at large prohibited. No person owning or in control of
livestock shall permit livestock to run at large.
C.
Fencing of livestock. A fence, measuring at least four feet high
from the surface of the earth and sufficiently enclosed and strong
enough to prevent livestock from escaping, is hereby required wherever
livestock is kept. If any livestock escapes from within the confines
of any fence, it shall be presumed that such fence has not met the
provisions of this section. Any owner or lessee of the land on which
such fence is located is subject to the requirements of this section.
[Added 5-28-2019 by Ord.
No. O:19-2019; amended 10-25-2021 by Ord. No. O:22-2021]
A.
A pilot program for the keeping of backyard chickens is hereby authorized as an exception for the above §§ 280-1 through 280-17. Keeping of backyard chickens shall be permitted in the Township of Monroe subject to the rules and regulations as specified in this section. The pilot program shall terminate two years from the November 20, 2023, effective date of the revised pilot program unless the Township Council of the Township of Monroe acts to continue same prior to that date. In the event the Township Council does not act to continue the program prior to said termination date, all persons with backyard chickens shall be grandfathered and be able to keep their chickens so long as no new ones are added and the guidelines of the pilot are maintained.
[Amended 7-25-2022 by Ord. No. O:11-2022; 10-26-2023 by Ord. No.
O:41-2023; 2-28-2024 by Ord. No. O:07-2024]
B.
The following shall be eligible to participate in the pilot program:
residents of single-family homes or residents of "twin" homes or "row"
homes which meet the criteria set forth in this section. If the property
is located within a homeowners association's (HOA) jurisdiction, the
property owner must submit written permission from the HOA for the
Township of Monroe to issue any license set forth in this section.
C.
For purposes of this pilot program, no more than 50 licenses may be issued at any one time. Any additional households wanting to participate may be considered on an individual basis by the Chicken Advisory Board established pursuant to Subsection J of this section in conjunction with the liaison to the governing body.
D.
There shall be a limit of six chickens per license. No roosters are
permitted.
E.
The coop and enclosed run shall be kept at least 20 feet from the
habitable portion of the neighboring residential dwelling and five
feet from the property line. Garages, attached or otherwise, and accessory
buildings shall not be considered a "residential dwelling" for purposes
of calculating the required distance. Chickens may roam outside of
the coop area in a backyard suitably fenced to keep them contained
provided that a resident age 18 or older is present the entire time.
F.
No person shall keep chickens on his or her property without first
obtaining a license from the Municipal Clerk's office and paying the
required fee therefor. No license shall be issued unless the applicant
therefor has demonstrated compliance with all criteria set forth in
this section. Every license issued pursuant to this section shall
expire on December 31 of each year. Each license shall expire within
one year and shall expire on December 31 of each year. Annual registration
will be required for all persons seeking to keep chickens on his or
her property. A license shall not be granted unless the applicant
certifies that there are no deed restrictions which prevent chickens
from being kept on the property. Yearly inspections shall take place
at any time at the discretion of the Township and Chicken Advisory
Board to ensure the licensee remains in compliance with all criteria
set forth in this section. Following each inspection, the Chicken
Advisory Board shall send the Township Clerk's office a letter confirming
the inspection took place for the Township's records. If the Chicken
Advisory Board determines a property is not in compliance with this
section, the Board will send a confirming letter to the Township Clerk
and the license shall be revoked by the Township.
[Amended 7-25-2022 by Ord. No. O:11-2022]
G.
A license fee of $10 shall be paid for each license issued pursuant
to this section.
H.
Each applicant wishing to participate in the pilot program or desiring
to keep backyard chickens thereafter in the event the pilot program
is not terminated shall be required to take a class on the basics
of raising backyard chickens. Proof of attendance must be presented
with the completed application. The Township will provide a class
minimally once a year at a nominal fee for anyone who has not previously
met this requirement. The handling of this class will be the responsibility
of the Chicken Advisory Board. A member of the Chicken Advisory Board
will review the application with the applicant prior to final submission.
Applicants agree to allow chicken advisory committee members to inspect
the property for violations pursuant to the provisions of this section.
I.
The following regulations and conditions for the keeping and housing
of chickens shall be complied with:
(1)
The coop shall be the appropriate size for the number of chickens,
which shall be at least three feet by three feet of space for chickens
with a maximum size of 10 feet by 10 feet. The coop shall be inspected
by the Township prior to the granting of a license.
(2)
The coop shall be dry and well ventilated with windows to admit sunlight.
(3)
The coop must be kept clean.
(4)
The coop and enclosed run must be made predator-proof.
(5)
Clean water must be provided, and food must be kept tightly closed
in a metal container away from the coop and run at night.
(6)
The yard in the area where the coop is located shall be clean and
free from odors.
(7)
There shall be no slaughter of chickens on site under this pilot
program.
(8)
Waste will be handled in such a way as proper composting to prevent
offensive odors or disposed in an environmentally friendly manner.
Waste shall not be disposed of as part of the normal trash collection
and recycling collection.
(9)
There shall be no selling of eggs.
J.
Each property
owner receiving a license pursuant to this section consents to allowing
the Township's representatives to access said property. The Township
of Monroe, by and through its appropriate representatives, will conduct
an annual inspection for each property. Said annual inspection may
take place at any time.
[Added 7-25-2022 by Ord. No. O:11-2022[1]]
K.
A Chicken Advisory Board consisting of five members and two alternate
members of the community shall be formed. One Council member to serve
as the liaison will be appointed by the Council President. The Chair
will be appointed to a two-year term by the Mayor. The governing body
will select the other four members who will also serve for two years.
Besides the Chair, of the remaining members, one will be appointed
Vice-Chair and the other, Secretary of the Board. The Board shall
meet on a regular basis and keep minutes which shall be submitted
along with quarterly reports to the governing body via the Township
Council member selected by the Township Council as liaison to the
Chicken Advisory Board. These reports will include any activities
of the Board, as well as any complaints from residents concerning
backyard chickens and the resolution, if any, of those complaints.
[Amended 7-25-2022 by Ord. No. O:11-2022]
L.
When a complaint is received by the Township, it will be forwarded
to the Chicken Advisory Board for investigation by two members of
the Board. If the Board finds a violation of this section, solutions
will be discussed with the offending resident to allow him or her
to meet the requirements of the pilot program as soon as possible.
However, if after 30 days, the violation has not been remedied, the
Code Official will be notified so that enforcement proceedings can
be implemented. The Chicken Advisory Board will assist anyone desiring
to no longer participate in the backyard chicken program to relocate
his or her chickens.
M.
Failure to comply with the conditions and regulations set forth in the section shall result in revocation of the license after notice and a hearing before the governing body. A violation of the conditions and regulations of this section which occurs during the effective period for the pilot program shall not result in additional penalties under Chapter 280 of the Township Code.
[Added 5-26-2020 by Ord.
No. O:12-2020; amended 4-24-2023 by Ord. No. O:17-2023]
A.
Program description. Whereas the Township of Monroe desires to implement
a program for the purpose of reducing the population of feral/free-roaming/community
cats, benefitting the public health, improving the quality of life
for residents and ensuring the humane treatment of community cats,
the following TNVR Ordinance outlines the policies and program.
B.
ANIMAL
ANIMAL CONTROL OFFICER or ACO
ANIMAL RESCUE ORGANIZATION
ANIMAL RESCUE ORGANIZATION FACILITY
ANIMAL SHELTER
AT LARGE
CAT
COMMUNITY CAT
COMMUNITY CAT CAREGIVER
(1)
(a)
(b)
(c)
(2)
COMMUNITY CAT COLONY
EAR TIPPING
FERAL CAT
HUMANE TRAP
MICROCHIP
NEUTER
NUISANCE
(1)
(a)
(b)
(c)
(2)
SPONSOR
TRAP-NEUTER-VACCINATE-RETURN PROGRAM (TNVR)
VETERINARIAN
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any live vertebrate creature including mammals, birds, reptiles,
amphibians and fish, but not humans.
A person 18 years of age or older who has satisfactorily
completed the course of study approved by the Commissioner of Health
and Senior Services of the State of New Jersey and the Police Training
Commission as prescribed by paragraphs (1) through (3) of Subsection
a of Section 3 of N.J.P.L. 1983, c. 525 (N.J.S.A. 4:19-15.16a); or
who has been employed in the State of New Jersey in the capacity of,
and with similar responsibilities to those required of, a certified
animal control officer pursuant to the provisions of N.J.P.L. 1983,
c. 525, for a period of three years before January 17, 1987.
An individual or group of individuals who, with or without
salary or compensation, house and care for homeless animals in the
home of an individual or in other facilities, with the intent of placing
the animals in responsible, more permanent homes as soon as possible.
The home or other facility in which an animal rescue organization
houses and cares for an animal.
The County of Gloucester facility where dogs, cats or other
animals are received, housed, given medical and other care, offered
for adoption, or transferred to animal rescue organizations.
That an animal is off the property of its owner and the animal
has entered upon the property of another person without authorization
of that person; or the animal has entered onto public property, street
or right-of-way, unless that animal is restrained by its owner, or
a person caring for the animal on behalf of the owner, with a leash
of no less than six feet in length, or other physical control device,
such that the animal is under the physical control of the owner or
person caring for the animal on behalf of the owner. Nothing in this
definition is intended to prevent dogs being on training leashes or
on retractable leashes or being engaged in other appropriate activities
under adequate, responsible adult supervision where care is taken
to assure control as needed is available to prevent violations of
this section.
A member of the species Felis catus.
Any free-roaming cat that may be cared for by one or more
residents of the immediate area who is/are known or unknown; a community
cat may or may not be feral. Community cats shall be distinguished
from other cats by being sterilized, vaccinated against rabies, microchipped,
ear tipped. Community cats are exempt from licensing, as well as stray
and at-large provisions of this section but are subject to nuisance
provisions herein.
Any person authorized by the municipality or sponsor who, in
accordance with this TNVR program:
Neuters, vaccinates for rabies, microchips, ear tips and returns
one or more community cats;
Provides care, including food, shelter or medical care to the
cat; or
Monitors the authorized cat colony for new cats and maintains
overall awareness of the status of the cat colony and the condition
of the cats therein.
A community cat caregiver shall not be considered to own, possess,
keep or harbor a community cat.
A single community cat or a group of community cats that
congregate together outside as a unit. Although not every cat in a
colony may be feral, any nonferal cats that congregate with a colony
shall be deemed part of it. A community cat colony is sponsored and
maintained by a community cat caregiver authorized by the municipality.
The straight-line cutting of the tip of one ear of a cat
by a licensed veterinarian while the cat is anesthetized. Ear tipping
the left ear is the best and universally accepted practice, although
in the past, cats may have been ear-tipped on the right ear.
A cat that is unsocialized to humans and has a temperament
of extreme fear of, and resistance to, contact with humans. Feral
cats are included in the definition of "community cats" as community
cats may or may not be feral. Feral cats are:
Any trap used to capture stray dogs or cats that is constructed
so that it does not harm the animal.
An electronic animal identification device that is inserted
into an animal, typically on the back between the shoulder blades,
by a veterinarian in accordance with professional medical standards.
To neuter an animal means to have a licensed veterinarian
surgically sterilize the animal. For the purposes of this section,
"neuter" shall mean to neuter a male animal or spay a female animal.
Disturbing the peace by:
Habitual or continuous howling, barking, crying or screaming;
The habitual and significant destruction, accumulation of feces,
desecration or soiling of property against the wishes of the owner
of the property, in particular, the creation of conditions leading
to the breeding of fleas or flies, odors or noises;
Habitually chasing or otherwise molesting passersby;
For the purpose of this section, "habitually" means occurring
on at least two separate occasions within a time period of one month;
except that barking, howling, crying, or screaming habitually means
making the sound persistently or continuously for at least 30 minutes
occurring at least three separate times within a period of eight hours.
For the purpose of this section, "persistently" or "continuously"
shall mean nonstop utterances for 30 consecutive minutes with interruption
of less than 30 seconds at a time.
An individual or group of individuals or a not-for profit
animal welfare organization which, after recognition by the municipal
governing body, oversees the implementation and management of community
cat colonies, exercises oversight of community cat colonies authorized
by the municipality, coordinate caregivers, offers services to caregivers
and community cat colonies, and works to resolve community cat nuisance
complaints in accordance with the provisions of this section, and
keeps both the municipality and Gloucester County Animal Control advised
regarding the condition of the colonies under their oversight.
A program pursuant to which community cats are humanely trapped,
spayed or neutered, vaccinated against rabies utilizing the three-year
vaccine, and returned to the exact location at which they were trapped.
A cat will receive a microchip as part of a TNVR program.
An individual who is licensed to engage in the practice of
veterinary medicine.
C.
General provisions.
(1)
No person shall keep an animal on a property in a manner that causes
one or more of the following: unsanitary conditions; accumulation
of feces; infestation by insects or rodents; physical conditions that
unreasonably endanger the health or safety of humans, other domestic
animals, or wildlife.
(2)
No person shall maintain or feed any animal, domesticated or wild,
in a manner that causes one or more of the following: unsanitary conditions;
accumulation of feces; infestation by insects or rodents; physical
conditions that endanger the health or safety of humans.
(3)
Community cat colonies shall be permitted, and caregivers shall be
entitled to maintain them, in accordance with the terms and conditions
of this section.
D.
Sponsor. An individual or
group of individuals or a not-for profit animal welfare organization
which, after recognition by the municipal governing body, oversees
the implementation and management of community cat colonies, exercises
oversight of community cat colonies authorized by the municipality,
coordinates caregivers, offers services to caregivers and community
cat colonies, and works to resolve community cat nuisance complaints
in accordance with the provisions of this section, and keeps both
the municipality and Gloucester County Animal Control advised regarding
the condition of the colonies under their oversight.
(1)
The municipality believes that the safest place for pet cats is indoors.
The municipality also recognizes that community cats, as defined in
this section, are not, in the vast majority of cases, suitable to
be taken indoors as pets, and their home is outdoors. The municipality
further recognizes the need for new, more effective and humane approaches
to addressing the public health challenges presented by community
cats.
(2)
To that end, the municipality finds that proactive community cat
policies are part of the solution to reducing the numbers of community
cats in the municipality and the high rate of euthanasia of feral
cats in animal shelters.
(3)
Community cat colonies shall be permitted in the municipality as
part of a community cat management program in accordance with the
following provisions.
E.
Sponsors of community cat colonies.
(1)
The municipality may select a non-profit 501(c)(3) animal welfare
organization to serve as the sponsor of the community cat program.
The sponsor shall oversee the activities of community cat caregivers.
Individuals and organizations may apply to the sponsor to serve as
caregivers.
(a)
Sponsor requirements. It shall be the duty of the sponsor to:
[1]
Review and approve of colony caregivers;
[2]
Register the community cat colony with the municipality by completing
the application and submitting it to the Township of Monroe Board
of Health/Vital Statistics Office;
[3]
Help to resolve any complaints over the conduct of a colony
caregiver or of cats within a colony;
[4]
Maintain records provided by colony caregivers on the size and
location of the colonies as well as the vaccination and spray/neuter
records of cats in the sponsor's colonies;
[5]
Report annually to the municipality and the Gloucester County
Animal Shelter on the following:
[6]
Ensure no additional cats are relocated to or introduced into
an approved cat colony in the Township of Monroe; and
[7]
Use due consideration to avoid the taking of rare, threatened
or endangered species under the Endangered and Nongame Species Conservation
Act, N.J.SA. 23:2A-1 et seq.
(b)
Community cat caregivers. Community cat caregivers must ensure
community cats are sterilized, vaccinated against the threat of rabies,
microchipped, and ear-tipped, and must cooperate with the municipality
and the sponsor to abate any nuisance.
(c)
Caregiver requirements. Caregivers are responsible for the following:
[1]
Assuming this is the sponsor organization responsibility;
[2]
Taking steps that are reasonably likely to result in the vaccination
of the colony population for rabies and making reasonable efforts
to update the vaccinations on cats that can be recaptured;
[3]
Taking steps that are reasonably likely to result in the spay/neuter,
by a licensed veterinarian, of at least 90% of the colony population;
[4]
Providing the sponsor with pictures of each cat in the colony
and records evidencing that the cats have been vaccinated and spayed/neutered;
[5]
Providing food, water and, if feasible, shelter for colony cats;
[6]
Observing the colony cats at least twice per week and keeping
a record of any illnesses or unusual behavior noticed in any colony
cats;
[7]
Ensure no additional cats are relocated to or introduced into
an approved cat colony in the Township of Monroe;
[8]
Obtaining the approval of the owner of any property to which
the caregiver requires access to provide colony care;
[9]
In the event that kittens are born to a colony cat, the caregiver
shall take reasonable steps likely to result in the removal of the
kittens from the colony after they have been weaned, and the placement
of the kittens in homes or foster homes for the purpose of subsequent
permanent placement;
[10]
Reporting annually to the sponsor on the status
of the colony, including data on the number and gender of all cats
in the colony, the number of cats that died or otherwise ceased being
a part of the colony during the year; the number of kittens born to
colony cats and their disposition and the number of cats and kittens
placed in permanent homes as companion cats;
[11]
Obtaining proper medical attention to any colony
cat that appears to require it; and
[12]
Feeding of the colony shall only be done during
daylight hours and unconsumed food shall be removed within one hour.
F.
Trapping of cats by non-community cat caregivers. Trapping of community
cats by those who are not community cat caregivers, as defined in
this section, sponsors, ACOs, or members of law enforcement is prohibited
unless the person trapping the cats is doing so for the purpose of
providing medical attention for a sick or injured cat or for the purpose
of TNVR. Persons who trap free-roaming cats for the purpose of TNVR
must comply with the provisions of this section.
G.
Disposition of ear-tipped community cats.
(1)
Injured or sick ear-tipped cats trapped by an ACO. If an ACO traps
an injured or sick ear-tipped cat that requires medical attention,
the ACO shall scan the cat for a microchip. If a microchip is found
which identifies the cat or cat's colony, the officer shall contact
the sponsor or community cat caregiver of the cat, who shall then
arrange for medical attention. If the injured or sick cat does not
have a microchip and cannot otherwise be identified by the ACO, the
ACO shall contact the sponsor, who will arrange for the cat to receive
medical attention and return the cat to the appropriate colony or
place the cat in another appropriate placement.
(2)
Ear-tipped cats inadvertently trapped by an ACO. An ACO who traps
an apparently healthy ear-tipped cat shall immediately release the
cat at the place it was trapped.
(3)
The requirements of this section notwithstanding, ACO shall investigate
an alleged violation of this section upon the receipt.
(4)
The designated Animal Control Officer may contact the sponsor, who
shall begin abatement procedures in an attempt to resolve the issue
in as short a time as possible, not to exceed 60 days.
(5)
If the complaint refuses to accept or participate in the abatement
process, then the issue shall be addressed as deemed appropriate by
the sponsor in consultation with the municipality and ACO.
(6)
If an ACO or police officer reasonably determines that a cat is injured
or poses a significant threat to public health or safety, the officer
may reduce the time that the sponsor has to resolve the complaint,
as necessary to protect the cat and public health, before taking further
action. In the case of an emergency, the ACO or police officer may
remove the cat, but within 24 hours, the ACO must provide the sponsor
with notice of the cat's whereabouts and allow the sponsor an opportunity
to retrieve the cat for treatment, return, or relocation.
H.
Factors to be considered during the nuisance abatement process shall
include:
(1)
Health and safety of the public and other domestic animals and/or
pets;
(2)
Impact on threatened or endangered species and the general health
of wildlife;
(3)
Recognition of the value of community cat colonies and TNVR in managing
community cat colonies;
(4)
The availability of devices and strategies to minimize nuisance behavior
by community cats that may have caused the complaint.
I.
Enforcement of community cat colonies and/or TNVR program. The municipality
and Gloucester County Animal Control shall have the following rights:
(1)
The right to seize or remove cats from a colony or the release location
which have not been vaccinated against rabies and which are demonstrating
signs of rabies or other zoonotic diseases.
(2)
The right to seize or remove a cat from a colony or release location,
which is creating a nuisance as defined in this section, after the
community cat caregiver and sponsor have been given 30 days to abate
the nuisance or remove and relocate the cat and have failed to do
so. The caregiver must begin nuisance abatement procedures within
48 hours after being notified of a nuisance by an ACO and must take
all reasonable steps to resolve the nuisance in as short a time as
possible, not to exceed 30 days.
(3)
The right to seize or remove a cat or colony of cats when the community
cat caregiver regularly fails to comply with the colony care requirements
of this section and the sponsor has not been able to obtain a replacement
or substitute caregiver within 30 days of the notice to the caregiver
and sponsor of the failure to comply with this section. If one or
more cats are in danger due to a caregiver's lack of compliance, the
sponsor may work with other local caregivers to find a suitable replacement
caregiver or relocate the cats.
(4)
Ordinance enforcement. The municipality shall have the following
rights: the right to seize or remove cats from a colony that have
not been vaccinated against rabies and which are demonstrating signs
of the disease; the right to seize or remove a cat from a colony that
is creating a nuisance as defined above and the caregiver and sponsor
have been given 30 days to remove and relocate the cat and have failed
to do so; the right to seize or remove a colony of cats when the caregiver
regularly fails to comply with the requirements of this section and
the sponsor has not been able to obtain a replacement or substitute
caregiver within 30 days of the municipality's notice to the sponsor
of the caregiver's failure to comply with this section. The requirements
of this section notwithstanding, Animal Control Officers and police
officers may investigate any nuisance complaint and take enforcement
action they deem necessary to protect the public health and safety.
J.
Nuisances; prohibited acts.
(1)
Habitual or continuous howling, crying or screaming. No person shall
permit habitually howling, crying or screaming which would annoy or
disturb a reasonable person. A "disturbance," for the purpose of this
section, shall be defined as howling, crying or screaming continuously
for a period of 10 minutes or more or intermittently for 30 minutes
or more. A violation of this section shall subject the person in control
of the offending cat to the penalties for a violation of this chapter;
(2)
The habitual and significant destruction, accumulation of feces,
desecration or soiling of property against the wishes of the owner
of the property, in particular, the creation of conditions leading
to the breeding of fleas or flies, odors or noises is prohibited;
(3)
Habitually chasing or otherwise molesting passersby is prohibited;
(4)
Or, as the case may be under existing local ordinance defining a
nuisance;
(5)
Damage to property prohibited. No person in control of a cat shall
allow it to damage any lawn, shrubbery, flowers or grounds of any
public park, public building or other public place within the Township
or upon any private property, or destroy or damage any structure or
equipment on any public park, public building, other public place
or upon any private property.
K.
Penalties. Any person found to be in violation or found to have failed
to comply with any of the provisions of this section shall, upon conviction
thereof, be subject to a fine of not less than $100 and not more than
$1,000. Each day of such violation or failure to comply shall constitute
a separate offense and, therefore, are not subject to merger either
for the purposes of the violation or imposition of fines and penalties.
[Added 10-26-2023 by Ord. No. O:40-2023]
A.
ANIMAL CARE FACILITY
ANIMAL RESCUE ORGANIZATION
CAT
DOG
OFFER FOR SALE
PET STORE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
An animal control center or animal shelter, maintained by
or under contract with any state, county, or municipality, whose mission
and practice is, in whole, or significant part, the rescue and placement
of animals in permanent homes.
Any not-for-profit organization which has tax-exempt status
under Section 501(c)(3) of the United States Internal Revenue Code,
whose mission and practice is, in whole or in significant part, the
rescue and placement of animals in permanent homes.
A member of the species of domestic cat, Felis catus.
A member of the species of domestic dog, Canis familiaris.
To sell, offer for sale or adoption, advertise for the sale
of, barter, auction, give away or otherwise dispose of a dog or cat.
A retail establishment where dogs and cats are sold, exchanged,
bartered or offered for sale as pet animals to the general public
at retail. Such definition shall not include an animal care facility
or animal rescue organization, as defined.
B.
C.
Violations and penalties.
