[Derived from Ch. IX of the 1969 Revised General Ordinances]
The following words and terms shall have the meanings herein
indicated for the purposes of this article:
Any person or agency designated and/or certified by the State
of New Jersey to enforce the provisions of this article.
Any member of the domestic feline species, male or female,
and whether or not neutered.
Any cat which has attained the age of seven months or which
possesses a set of permanent teeth.
Any dog, bitch or spayed bitch.
Any dog which has attained the age of seven months or which
possesses a set of permanent teeth.
A wild or stray cat that is not owned by an owner, as defined
herein.
[Added 8-27-2012 by Ord. No. 2012-08]
To provide food, shelter, health care or any other care to
cats, whether on a regular or irregular basis, and whether the cats
are vaccinated or housed.
[Added 8-27-2012 by Ord. No. 2012-08]
Any person exercising control over a dog or permitting a
dog to remain on premises under his/her control.
Any establishment wherein or whereon the business of boarding
or selling dogs or breeding dogs for sale is carried on, except a
pet shop.
Rendered permanently incapable of reproduction as certified
by a licensed veterinarian.
When applied to the proprietorship of a dog or cat, includes
every person having a right of property in such animal and every person
who has such animal in his/her keeping. In addition, when applied
to a cat, one who harbors or maintains a cat or knowingly permits
a cat to remain on or about any premises occupied by that person.
Any room or group of rooms, cage or exhibition pen, not part
of a kennel, wherein dogs or cats for sale are kept or displayed.
An establishment for the confinement of dogs seized either
under the provisions of this article or otherwise.
Any establishment where dogs are received, housed and distributed
without charge.
Any cat which has attacked or bitten any human being without
provocation.
Any dog which has been declared by the Municipal Judge to
be a vicious dog, which has attacked or bitten any human being or
which habitually attacks other dogs or domestic animals.
A.
License, when required.
(1)
Licenses shall be required for the following dogs and cats of licensing
age:
(a)
A dog or cat owned, harbored or kept within the Borough by a
resident of the Borough on the first day of January of any calendar
year.
(b)
A dog or cat acquired by any person during the course of any
calendar year and kept within the Borough for more than 10 days after
acquisition.
(c)
A dog or cat attaining licensing age during the course of the
calendar year.
(d)
A licensed dog or cat brought into the Borough by any person
and kept within the Borough for more than 10 days.
(e)
A dog or cat licensed by another state, brought into the Borough
by any person and kept within the Borough for more than 90 days.
(2)
Licenses for not more than five dogs for any one household may be issued for the same licensing period. Any additional dog shall make the person or persons owning or harboring it liable for owning or harboring an unlicensed dog unless such person or persons shall be the holder of a kennel or pet shop license. This article shall commence on January 1, 1995. Any household with more than five licensed dogs at the passage of this article shall be permitted to continue said licensing for the life of those particular licensed dogs at which time the limitations of this article shall prevail. This article shall be read in conjunction with § 46-16A and in no instance shall any one household be issued more than a total of five licenses for dogs and cats combined.
[Added 11-21-1994 by Ord. No. 1994-564]
B.
Application for license. Each applicant for a license under this
article shall give the following information:
(1)
A general description of the dog or cat sought to be licensed, including
breed, sex, age, color and markings and whether long- or short-haired.
(2)
Name, street and post office address of the owner and of the person
who keeps or harbors the animal.
(3)
Registration numbers shall be issued in the order in which applications
are received.
C.
Application for license, when made. Applications for licenses for dogs or cats required to be licensed by the provisions of Subsection A(1)(a) shall be made before the first day of February of each calendar year. In all other cases, the application for a license shall be made within 10 days of the day on which the animal in question first becomes subject to the provisions of this article.
D.
License record and proof of licensing.
(1)
License record. The information on all applications under this article
and the registration number issued to each licensed dog or cat shall
be preserved for a period of three years by the Clerk. In addition,
(s)he shall forward similar information to the State Department of
Health each month on forms furnished by the Department.
(2)
Proof of licensing. Proof of licensing shall be produced by any person
owning, keeping, maintaining or harboring a dog or cat upon the request
of any health official, police officer, Animal Control Officer or
other authorized person.
E.
Fees. Every person, who owns, harbors and keeps one or more dogs or cats within the limits of the Borough shall procure a yearly license for each animal of licensing age and pay the license fee as set forth in § 91-6 of Chapter 91, Fees. In addition, the following fees shall be charged:
F.
Expiration date.
(1)
Each dog or cat 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. Accordingly, all license fees shall be due and payable no later than the last day of January. Where an applicant fails to make application for a license and fails to pay to the Borough the required license fee by the last day of January, (s)he shall be liable for the late fee set forth in § 91-6. The license fee shall not be prorated for a portion of the year of initial licensing.
(2)
For dogs attaining the age of seven months after January 31, application
for a license and payment of the required fee shall be made within
30 days of the dogs attaining the age of seven months.
G.
Exceptions. The provisions of this section shall not apply to any dog licensed under § 46-3 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.
A.
License required. A person who keeps, operates or proposes to establish
a kennel, pet shop, shelter or pound shall apply to the Clerk for
a license; (s)he shall not be required to secure individual licenses
for dogs (s)he owns and keeps at such establishment; and his/her licenses
shall not be transferable to another owner or to 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 the establishment is to be maintained.
(4)
The maximum number of dogs to be accommodated at any one time.
C.
Approval of Health Officer. No license shall be issued until the
proposed licensee submits a written statement from the Health Officer
that the establishment or proposed establishment complies with local
and state rules governing the location and sanitation.
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 such licenses shall expire on the last day of June 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 Borough Council on recommendation
of the State Department of Health or the Board of Health of the Borough
for failure to comply with the rules and regulations of the State
Department of Health or the Borough Board of Health, after the owner
has been afforded a hearing by either the State Department of Health
or the Borough Board of Health.
(2)
A person holding a license to establish, keep or operate a kennel,
pet shop, shelter or pound shall comply with all Borough 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 therein,
and the prevention of the spread of rabies and other diseases of dogs
within and from such establishments.
G.
Reports to State Health Department. The Clerk shall forward to the
State Department of Health a list of all kennels, pet shops, shelters
and pounds within 30 days after the licenses are issued. The list
shall include the name and address of each 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 such premises, except on leash
or in a crate or other safe control.
A.
License fees and other moneys collected or received under the provisions
of this article, except the registration tag fees, shall be forwarded
to the Borough 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 Borough and shall be used for the following
purposes only: collecting, keeping and disposing of dogs and cats
liable to seizure under this article; local prevention and control
of rabies; providing anti-rabies treatment under the direction of
the Board of Health for any person known to have been or suspected
of having 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 there until the end of the third
fiscal year following and may be used for any of the purposes set
forth in this section. 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 Borough 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.
The Chief of Police of the Borough shall annually cause a canvass
to be made of all dogs and cats owned, kept or harbored within the
limits of the Borough and shall report the results to the Clerk, the
Board of Health and the State Department of Health, setting forth
in separate columns the names and addresses of persons owning, keeping
or harboring dogs or cats, the number of licensed animals owned, kept
or harbored by each person, and the registration number of each animal;
the number of unlicensed animals owned, kept or harbored by each person
and a complete description of each unlicensed animal.
[Amended 8-10-2009 by Ord. No. 12-2009]
A.
Complaint; investigation; report. Complaints against dogs shall be received and investigated by the Police Department and the entity charged with animal control within the Borough. If either deem any dog complained of to be vicious or potentially dangerous as defined under § 46-1 herein or as provided under N.J.S.A. 4:19-22 et seq. or any revisions thereto, either shall file a complaint with the Municipal Court.
B.
Notice; hearing. Subsequent to the filing of a complaint, a hearing
shall be held in the Municipal Court in conformance with the laws
and procedures of the State of New Jersey. If after a hearing a dog
is declared vicious or potentially dangerous, penalties shall be imposed
in conformance with N.J.S.A. 4:19-22 et seq. or any amendments or
revisions thereto. In addition to the penalties provided by statute,
a dog which is declared vicious or potentially dangerous shall require
an initial license registration fee of $200 and an annual license
fee of $100.
A.
Causes for impounding. The Animal Control Officer of the Borough
shall take into custody and impound, or cause to be taken into custody
and impounded, any of the following:
(1)
An unlicensed dog or cat running at large in violation of the provisions
of this article.
(2)
A dog or cat off the premises of the owner or the person keeping
or harboring such animal which the Animal Control Officer has reason
to believe is a stray dog or cat.
(3)
A dog or cat off the premises of the owner of or the person keeping
or harboring such animal without a current registration tag on its
collar.
(4)
A female dog or cat in season off the premises of the owner of or
the person keeping or harboring such animal.
B.
Access to premises. An officer or agent authorized or empowered to
perform any duty under this article is authorized to go upon any premises
to seize for impounding a dog or cat which (s)he may lawfully seize
and impound when (s)he is in immediate pursuit of such animal, except
upon the premises of the owner of the animal if the owner is present
and forbids it.
C.
Notice of seizure.
(1)
If an impounded or seized dog or cat wears a registration tag, collar
or harness bearing the name and address of any person, or if the owner
of or the person keeping or harboring the animal 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 animal a notice, in writing, stating that the animal has been
seized and will be liable to be disposed of or destroyed if not claimed
within seven days after the 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 or cats. The Animal Control Officer
is authorized and empowered to cause the destruction of any unclaimed
dog or cat, in as humane a manner as possible, under any of the following
contingencies:
(1)
When any dog or cat so seized has not been claimed by the person
owning, keeping or harboring the animal within seven days after notice
or within seven days of the animal'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 a dog or cat so seized
has not claimed the animal and has not paid all expenses incurred
by reason of its detention.
[Amended 9-24-2001 by Ord. No. 2001-016]
(3)
If the seized dog or cat is unlicensed at the time of its seizure
and the person owning, keeping or harboring the animal has not produced
a license and registration tag as provided in this article.
E.
Impoundment fee. Any person whose animal shall be picked up by the
Animal Control Officer or a police officer shall be required to pay
all expenses incurred by the Borough by reason of its detention. In
addition to the expenses incurred by the Borough, the owner or person
charged with the care of the animal shall be required to pay the full
maintenance charge imposed by the holding facility for each full or
partial day held, not to exceed $4 per day or the limit set forth
in N.J.S.A. 4:19-15.16. The expenses of impoundment shall be paid
to the Borough Clerk’s Office of the Borough of Spotswood, and
a receipt shall be delivered to the person paying such charges, which
receipt shall be the authority.
[Added 9-24-2001 by Ord. No. 2001-016; amended 9-11-2017 by Ord. No. 2017-09 A]
No person shall own keep or harbor a dog or cat in the Borough,
except in compliance with the provisions of this article and the following
regulations.
A.
Wearing of registration. A dog or cat for which a license is required
by the provisions of this article shall wear a collar or harness with
its registration tag securely fastened thereto.
B.
Use of registration tags. No person, except an officer in the performance
of his/her duties, shall remove a registration tag from the collar
of any dog or cat without the consent of the owner, nor shall any
person attach a registration tag to a dog or cat 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
a dog which habitually barks or cries between the hours of 8:00 p.m.
and 8:00 a.m.
E.
Running at large. No person owning, keeping or harboring a dog shall
permit it to run at large on the public streets or in any public park,
public building or other public place within the Borough.
F.
Leashing of dogs. No person owning, keeping or harboring a dog shall
permit it to be on the public streets or in any of the public places
of the Borough unless the dog is accompanied by a person over the
age of 12 and it is securely confined and controlled by an adequate
leash not more than six feet long.
G.
Property damage. No person owning, keeping or harboring a dog shall
permit it to do any injury or damage to any lawn, shrubbery, flowers,
grounds or property.
H.
Removal of dog and cat feces.
(1)
Duty of owner or person in charge. No person owning, harboring, keeping
or in charge of any dog or cat shall cause, suffer or allow such animal
to soil, defile, defecate on or commit any nuisance on any common
thoroughfare, sidewalk, passageway, bypath, play area, park 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 such property, except under the following conditions:
(a)
The person who owns, harbors, keeps or is in charge of such
animal shall immediately remove all feces deposited by such animal
by any sanitary method.
(b)
The feces removed from the aforementioned designated area shall
be disposed of by the person owning, harboring, keeping or in charge
of any animal curbed in accordance with the provisions of this subsection,
in a sanitary manner approved by the local health authority.
(2)
Enforcement. The provisions of this subsection shall be covered by
the local Police Department and the Borough Health Officer.
(3)
Violations and penalties. Any person who violates or fails or refuses
to comply with the provisions of this subsection, upon conviction,
shall be liable to a fine of not more than $500.
I.
Any individual found feeding or in any way attracting or harboring
cats and/or feral cat colonies without complying with the vaccination
or other provisions of this article shall be deemed in violation of
this provision and will be responsible for any costs incurred by the
Borough of Spotswood in the process of collecting and surrendering
of said cats, as well as any fines or penalties provided in this chapter.
No person shall trap or capture any cat. Such activity will be deemed
as ownership, and individuals will be responsible for any cats, including
medical costs incurred by the Borough to process the cats.
[Added 8-27-2012 by Ord. No. 2012-08]
J.
Inasmuch
as cats are generally considered to be domestic animals/pets, wildlife
preserves such as cat colonies for feral cats may contribute to public
health potential for rabies in the wildlife community and place residents
at risk. No person shall place food intended or suitable for consumption
by a cat in any location out of doors unless a licensed cat or dog
is regularly kept, harbored or maintained on the premises where such
food is placed, and if the person placing such food is not the owner
or licensee of the cat or dog, then only if the owner or licensee
of the same consents to such feeding. All such food shall be removed
within two hours, and in no event shall such food be allowed to remain
out of doors more than 30 minutes after sunset and before sunrise.
The setting out of food or liquids, empty dishes and bowls by a person
not the owner or licensee of a licensed cat or dog, or in violation
of the time provisions stated above, shall operate as evidence of
the establishment of feral cat colonies. Such evidence shall act as
a presumption against the individual. Any individual harboring a feral
cat colony will be in violation of this provision and will be responsible
for any costs incurred by the Borough in the process of collecting
and surrendering of said cats, as well as any fines or penalties provided
in this chapter.
[Added 8-27-2012 by Ord. No. 2012-08]
Where it has been determined by a physician that a person has
been bitten by a dog, that person, or his/her parent or guardian if
(s)he is a minor, shall immediately notify the police. When the owner
or keeper of a dog is notified by the police that the dog has bitten
an individual or individuals, 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.
A.
When applicable. When any dog or cat attacks or bites a human being,
the Chief of Police, or his/her representative, may order the owner
of the animal to confine it, either on the owner's premises or any
other reasonable location which (s)he designates, for a period of
at least 10 days. The expenses of confining the animal shall be borne
by the owner.
B.
Examination of quarantined dogs and cats. The Chief of Police, or
his/her representative, shall have the right to examine any dog or
cat confined under the provisions of this article at any reasonable
time, including daily examinations, for a period of 10 days after
the animal has attacked or bitten any person, to ascertain whether
the animal shows symptoms of rabies.
C.
Release from quarantine. Regardless of whether or not the period
of time from which the owner was directed to confine the dog or cat
has expired, no animal confined under the provisions of this article
shall be released from quarantine until the Chief of Police issues
a certificate of release. The certificate shall only be issued after
either the person designated by the Chief of Police, or his/her representative,
to examine the animal or a licensed veterinarian has certified, in
writing, that the animal appears to be healthy and free from rabies.
D.
Imposition of general quarantine. Whenever the Chief of Police, or
his/her representative, is notified by the State Department of Health
or other appropriate agency that there is danger of an epidemic of
rabies in the Borough, (s)he shall order all persons owning or having
custody of dogs or cats in the Borough to keep their animals confined
to their own premises. Notice that an order has been issued may be
either written or oral and may be served personally, by mail, by publication
in a newspaper circulating in the Borough, by conspicuously posting
it in public places or by any other method calculated to actually
reach the person affected.
The Chief of Police and the Animal Control Officer shall have
the primary duty of enforcing this article.
A.
Vaccination required. No person shall own, keep or harbor a dog or
cat within the Borough unless it has been vaccinated against rabies
and licensed.
B.
Procedure for vaccination. Vaccinations shall be performed by a veterinarian
licensed to practice in the State of New Jersey in accordance with
the latest "Compendium of Animal Rabies Vaccines and Recommendations
of Immunization" published by the National Association of State Public
Health Veterinarians. The vaccine used shall be from a manufacturer
licensed by the Bureau of Animal Industry of the United States Department
of Agriculture. The dosage shall be recommended by the manufacturer.
All dogs shall be revaccinated before the expiration of the period
of time for which the vaccine used is known to be effective.
C.
Exceptions.
(1)
The Borough Clerk may exempt any dog or cat from the provisions of
this section if there is presented to him/her a certificate from a
licensed veterinarian stating that it would be undesirable to vaccinate
that particular animal for a specified period of time because of the
animal's age, infirmity or other physical condition, regimen or therapy.
(2)
No vaccination shall be required for any dog or cat confined to a
licensed kennel, pound, pet shop, shelter veterinary hospital, licensed
animal shelter or state or federally licensed research facility.
D.
Certificate.
(1)
Dogs. The fact that a dog 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 Borough Clerk or a standard immunization certificate used by the
veterinarian. The certificate shall be presented to the Borough Clerk
within 10 days after the vaccination. In the case of dogs vaccinated
before being brought into the Borough, the certificate shall be presented
to the Borough Clerk within 10 days after the dog is brought into
the Borough.
(2)
Cats. A certificate of vaccination shall be issued to the owner of
each cat vaccinated. This certificate shall be in the form recommended
by the State of New Jersey.
