[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:
For the purpose of this article, "animal" shall mean "cat."
Any person or agency designated or certified by the State
of New Jersey to enforce the provisions of this article.
Any member of the domestic feline species, male, female,
or altered.
Any cat which has attained the age of seven months or which
possesses a set of permanent teeth.
Any room or group of rooms, cage or exhibition pen, not part
of a kennel, wherein cats for sale are kept or displayed.
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.
Rendered permanently incapable of reproduction as certified
by a licensed veterinarian.
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.
Any individual, corporation, partnership, organization or
institution commonly recognized by law as a unit.
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:
Any dog which has attained the age of six months or which
possesses a set of permanent teeth.
Any person exercising control over a dog or permitting a
dog to remain on premises under his control.
Any establishment where the business of boarding, selling
or breeding dogs for sale is carried on, except a pet shop.
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.
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.
Any room or group of rooms, cage or exhibition pen, not part
of a kennel, where dogs are kept or displayed for sale.
An establishment for the confinement of dogs seized either
under the provisions of this article or otherwise.
Shall have the meaning provided for in N.J.S.A. 4:19-18.
[Added 12-5-2017 by Ord.
No. 2017-13]
Any establishment where dogs are received, housed and distributed
without charge.
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.
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:
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.
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.
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.