The following words and terms shall have the meanings herein
indicated for the purposes of this article:
ANIMAL CONTROL AUTHORITY
Any person or agency designated and/or certified by the State
of New Jersey to enforce the provisions of this article.
CAT
Any member of the domestic feline species, male or female,
and whether or not neutered.
CAT OF LICENSING AGE
Any cat which has attained the age of seven months or which
possesses a set of permanent teeth.
DOG
Any dog, bitch or spayed bitch.
DOG OF LICENSING AGE
Any dog which has attained the age of seven months or which
possesses a set of permanent teeth.
FERAL CAT
A wild or stray cat that is not owned by an owner, as defined
herein.
[Added 8-27-2012 by Ord. No. 2012-08]
HARBOR
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]
KEEPER
Any person exercising control over a dog or permitting a
dog to remain on premises under his/her control.
KENNEL
Any establishment wherein or whereon the business of boarding
or selling dogs or breeding dogs for sale is carried on, except a
pet shop.
NEUTERED
Rendered permanently incapable of reproduction as certified
by a licensed veterinarian.
OWNER
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.
PET SHOP
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.
POUND
An establishment for the confinement of dogs seized either
under the provisions of this article or otherwise.
SHELTER
Any establishment where dogs are received, housed and distributed
without charge.
VICIOUS CAT
Any cat which has attacked or bitten any human being without
provocation.
VICIOUS DOG
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.
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.
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.
The Chief of Police and the Animal Control Officer shall have
the primary duty of enforcing this article.