[HISTORY: Adopted by the Township Committee of the Township
of Riverside as indicated in article histories. Amendments noted where
applicable.]
[Adopted 12-30-1977 by Ord. No. 1977-17; amended in its entirety 10-24-1979 by Ord. No.
1979-18 (Ch. 111, Art. I, of the 1995 Code)]
A. The words hereinafter defined shall have the meanings herein indicated
for the purpose of this article as follows:
ANIMAL HOSPITAL
Any place where dogs, cats or other domestic animals, belonging
to anyone other than the owner, tenants or occupant of such place,
are for hire, kept, maintained or harbored for observation or treatment.
CAT
Any cat, male or female or spayed female.
COMMUNITY CAT
Any free-roaming, feral, or barn cat that may be cared for
by one or more residents of the immediate area and which has no discernible
form of ownership identification.
[Added 12-17-2018 by Ord.
No. 2018-05]
COMMUNITY CAT CAREGIVER
A person who may provide care, including food, water, shelter
or medical care, to a community cat. A community cat caregiver shall
not be considered to be the owner, custodian, harborer, controller,
or keeper of a community cat.
[Added 12-17-2018 by Ord.
No. 2018-05]
COMMUNITY CAT COLONY
A group of cats that congregates, more or less, together
as a unit.
[Added 12-17-2018 by Ord.
No. 2018-05]
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.
EAR TIPPING
The removal of the 1/4 inch tip of a community cat's left
ear, performed while the cat is under anesthesia by a licensed veterinarian
and designed to be an indication that the community cat has been sterilized
and vaccinated for rabies.
[Added 12-17-2018 by Ord.
No. 2018-05]
FERAL CAT
A cat that:
[Added 12-17-2018 by Ord.
No. 2018-05]
(1)
Is born in the wild or is the offspring of an owned or feral
cat and is not socialized; or
(2)
Is a formerly owned cat that has been abandoned and is no longer
socialized.
KENNEL
Any establishment or premises whereupon or wherein four or
more dogs and cats are kept, maintained or harbored or whereupon or
wherein the business of boarding, selling or breeding dogs is carried
on, except a pet shop.
OWNER
When applied to the proprietorship of a dog or cat, included
every person having a right of property in such dog or cat and every
person who has such dog or cat in his keeping.
PERSON
An individual, firm, partnership, corporation or association
of persons.
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
Any establishment for the confinement of dogs or cats seized
either under the provisions of this article or otherwise.
SHELTER
Any establishment where dogs and cats are received, housed
and distributed without charge.
B. The words "and" and "or" may be used interchangeably, and either
of the two may be applicable, whichever is more conducive toward the
effectuating of this article.
C. Personal pronouns shall mean either the singular or the plural, whichever
is applicable and conducive toward the effectuating of this article.
D. The masculine, feminine or the neuter gender shall be implied, whichever
is appropriate and conducive for the effectuating of this article.
No person shall keep or harbor any dog or cat within the Township
of Riverside without first obtaining a license therefor, to be issued
by the person designated by the governing body to license dogs and
cats upon application by the owner and payment of the prescribed fee,
and no person shall keep or harbor any dog or cat in said Township
of Riverside except in compliance with the provisions of this article.
Any person who shall own, keep or harbor a dog or cat of licensing
age shall in the month of January apply for and procure from the person
designated by the governing body to license dogs and cats a license
and official metal registration tag for each such dog or cat so owned,
kept or harbored and shall place upon each such dog or cat a collar
or harness with the registration tag securely fastened thereto, and
in addition to such tag, each cat shall have three bells securely
fastened or affixed to such strap, collar or harness. Duplicate tags
will be issued upon satisfactory proof of the loss of the original
tag and upon the payment of a fee of $0.25. Said license is not transferable.
A. The person applying for the license and registration tag shall pay
a fee of $7 for each dog to be licensed hereunder and the sum of $1
for the registration tag of each dog. For each annual renewal, the
fee for the license and the registration tag shall be the same as
for the original license and tag.
[Amended 11-11-1981 by Ord. No. 1981-15]
B. The person applying for the license and registration tag shall pay
a fee of $8 for each cat to be licensed hereunder. For each annual
renewal, the fee for the license and the registration tag shall be
the same as for the original license and tag.
[Amended 11-11-1981 by Ord. No. 1981-15]
C. Said licenses, registration tags and renewals thereof shall expire
on the last day of December in each year.
D. Dogs used as guides for blind persons and commonly known as "Seeing
Eye dogs" shall be licensed and registered as other dogs herein above
provided for, except that the owner or keeper of such dog shall not
be required to pay any fee therefor.
E. Any person applying for a dog or cat license, either for renewal
of a previous license or for the first time, and failing to comply
with the time requirements set forth herein, will be charged an administrative
fee to compensate for the additional administrative procedures in
the amount of $5, which is in addition to all other fees set forth
herein.
[Amended 2-22-2006 by Ord. No. 2006-01]
The owner of any newly acquired dog or cat of licensing age
or of any dog or cat which attains licensing age shall make application
for license and registration tag for such dog or cat within 10 days
after such acquisition or age attainment.
[Amended 7-24-1989 by Ord. No. 1989-13]
The application shall state the breed, sex, age, color and markings
of the dog or cat for which license and registration are sought and
whether it is a long-haired or short-haired variety; also the name,
street and post office address of the owner, who shall be over the
age of 18 years, and the person who shall keep or harbor such dog
or cat. The applicant shall provide suitable proof in the case of
a dog and cat that the animal has been inoculated with rabies vaccine
in accordance with N.J.S.A. 4:19-15.2a.
A. Any person who shall bring or cause to be brought into the municipality any dog or cat licensed in another state for the current year and bearing a registration tag and who shall keep the same or permit the same to be kept within the municipality for a period of more than 90 days shall immediately apply for a license and registration tag for each such dog or cat unless such dog or cat is licensed under §
125-9 of this article.
B. Any person who shall bring or cause to be brought into the municipality
any unlicensed dog or cat and who shall keep the same or permit the
same to be kept within the municipality for a period of more than
10 days shall immediately apply for a license and registration tag
for each such dog or cat, unless such dog or cat is licensed pursuant
to this article.
No person, except an officer in the performance of his 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.
A. Any person who keeps or operates or proposes to establish a kennel,
an animal hospital, a pet shop, a shelter or a pound shall apply to
the Animal Control Officer or other person designated by the governing
body to license dogs and cats for a license entitling him to keep
or operate such establishment.
[Amended 12-17-2018 by Ord. No. 2018-05]
B. The application shall describe the premises where the establishment
is located or is proposed to be located and the purpose or purposes
for which it is to be maintained and shall be accompanied by the written
approval of the Health Officer of the Board of Health of the municipality
showing compliance with the local and state rules and regulations
governing location of and sanitation at such establishments.
C. All licenses issued for a kennel, animal hospital, 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 January of each
year, and be subject to revocation by the governing body on recommendations
of the State Department of Health or the Board of Health of the municipality
or county for failure to comply with the rules and regulations of
the State Department or the Board of Health of the municipality or
county governing the same after the owner has been afforded a hearing
by either the State Department or the Board of Health of the municipality
or county.
D. Any person holding such license shall not be required to secure individual
licenses for dogs or cats owned by such licensee and kept at such
establishments; such licenses shall not be transferable to another
owner or different premises.
E. No such kennel, animal hospital, pet shop, shelter or pound shall
be operated or maintained in the municipality and no license shall
be granted therefor wherein any dog, cat or any other animal may be
kept or harbored in any building or other place therein or thereat,
the nearest point of which building or other place shall be within
500 yards of any residence containing sleeping quarters occupied as
such in the municipality except by the owner or operator thereof.
F. Every such kennel, animal hospital, pet shop, shelter or pound shall
be subject to such reasonable rules and regulations in regard thereto
as may be prescribed by the governing body. Any premises so used and
all buildings and enclosures thereon shall be kept clean and sanitary.
All animal carcasses shall be immediately and properly disposed of
and shall not be buried within the municipality limits. Any health
officer or police officer of the municipality shall have the right,
at any reasonable hour in the daytime or nighttime, to enter into
said premises and any buildings and enclosures thereon and to make
such examination thereof as he shall deem proper.
G. No such kennel, animal hospital, pet shop, shelter or pound shall be operated or maintained except as permitted by Chapter
255, Part
2, Zoning.
The annual license fee for a kennel providing accommodations
for 10 or fewer dogs shall be $10 and for more than 10 dogs, $25.
The annual license fee for an animal hospital providing accommodations
for 10 or fewer dogs, cats or other animals shall be $10 and for more
than 10 dogs, cats or other animals, $25. The annual license fee for
a pet shop shall be $10. No fee shall be charged for a shelter or
pound.
No dog kept in a kennel, animal hospital, pet shop, shelter
or pound shall be permitted off such premises, except on leash or
in a crate or other safe control.
License fees and other moneys collected or received under the
provisions of this article shall be received and disposed of as provided
in N.J.S.A. 4:19-15.11, as supplemented and amended.
[Amended 12-17-2018 by Ord. No. 2018-05]
It shall be the duty of the Animal Control Officer or other
person designated by the governing body to license dogs and cats to
carry out the provisions of N.J.S.A. 4:19-15 et seq., as supplemented
and amended, and to make a similar canvass of all cats owned, kept
or harbored within the limits of the municipality and to report to
the Clerk and Board of Health of the municipality or county the result
thereof.
[Amended 12-17-2018 by Ord. No. 2018-05]
The governing body shall have power to appoint annually a Animal Control Officer or, by agreement and appropriate resolutions, an interlocal services arrangement, whereby it shall enforce the provisions of this article and the provisions of Chapter
151 of the Laws of New Jersey for 1941, as supplemented and amended.
A. The Animal Control Officer or other agency designated by the governing
body to license dogs and cats shall take into custody and impound
or cause to be taken into custody and impounded, and thereafter destroyed
and disposed of:
[Amended 12-17-2018 by Ord. No. 2018-05]
(1) Any dog or cat off the premises of the owner or of the person keeping
or harboring said dog or cat, which said official or his agent or
agents have reason to believe is a stray dog or cat.
(2) Any dog or cat off the premises of the owner or of the person keeping
or harboring said dog or cat without a current registration tag on
his collar.
(3) Any female dog or cat in season off the premises of the owner or
of the person keeping or harboring said dog or cat.
B. Dogs so taken into custody shall be impounded, destroyed or disposed
of as provided in N.J.S.A. 4:19-15 et seq., as supplemented and amended.
C. Cats so taken into custody shall be impounded, destroyed or disposed
of in the same manner as is herein provided for the impounding, destruction
or disposal of dogs.
A. It shall be unlawful for any person or corporation owning, keeping,
harboring or housing the custody or possession of any dog or cat,
whether registered or not, to permit such dog or cat at any time to
be in or upon any public street, avenue, road or highway or upon any
public place or place to which the general public is invited or to
permit such dog or cat at any time to run at large in said Township
unless such dog or cat shall be led by a chain, cord, thong or other
leash (not more than six feet long) in the hands of a person capable
of leading and controlling such dog or cat or shall be securely confined
in an automobile or other vehicle.
B. It shall be unlawful for any person or corporation owning, keeping,
harboring or housing custody or possession of any dog or cat, whether
registered or not, to permit such dog or cat to be in or upon any
private property or premises belonging to another person without the
express and prior authority of such person.
C. Damage to property. No person or corporation owning, keeping, harboring
or housing custody or possession of any dog or cat shall permit or
suffer such dog or cat to do any injury or to do any damage to any
lawn, shrubbery, flowers, grounds or property.
Any officer or agent authorized or empowered to perform any
duty under this article is hereby authorized to go upon any premises
to seize for impounding any dog or dogs or cat or cats which he may
lawfully seize and impound when such officer is in immediate pursuit
of such dog or dogs or cat or cats, except upon the premises of the
owner of the dog or cat if said owner is present and forbids the same.
No person shall hinder, molest or interfere with anyone authorized
or empowered to perform any duty under this article.
No person shall keep, harbor or maintain any dog or cat which
shall habitually disturb the peace and quiet of the neighborhood.
[Amended 12-17-2018 by Ord. No. 2018-05]
The term "vicious dogs," where used in this article, shall mean
and include any dog which at any time has attacked or shall attack
a human being or other dogs or domestic animals or fowl. Any vicious
dog which shall be in or upon any public street, avenue, road or highway
or in any public place or upon any private property or premises belonging
to a person other than the person or corporation owning, keeping,
harboring or housing the custody or possession of the attacking dog
may be seized, taken into custody and impounded by the poundkeeper,
dogcatcher, animal control officer, any member of the Police Department
of said Township or by any other person or persons who may be employed
or appointed by said Township or by its governing body for that purpose.
Said official who seizes or causes to be seized and impounds or causes
to be impounded said dog shall report the facts to the Municipal Judge
of the respective Township, who shall thereupon cause the owner or
person harboring such dog to be notified, in writing, of the fact
that such dog has been impounded and of the reason for said impounding,
and notified to appear before said Municipal Judge at a stated time
and place. After hearing the facts of the case, the Municipal Judge
will arrive at a conclusion as to whether the dog will be destroyed
or whether it will be returned to the person or corporation owning,
keeping, harboring or having custody or possession of the dog.
[Amended 10-23-1995 by Ord. No. 1995-11]
No person owning, keeping or harboring any dog or cat shall
suffer or permit it to soil, defile or commit any nuisance on any
common thoroughfare, sidewalk, passageway, bypath, play area, park
or any place where people congregate or walk or upon a lawn, shrubbery
or tree on any private property not belonging to the owner or custodian
of said dog or cat; provided, however, that for the purpose of this
section of this article, the above-mentioned restrictions shall not
apply to that portion of the street lying between the curblines which
shall be used to curb said dog. The owner or custodian of a dog that
has been curbed must remove and properly dispose of any feces.
[Amended 9-25-1995 by Ord. No. 1995-10; 8-23-2006 by Ord. No.
2006-18; 12-17-2018 by Ord. No. 2018-05]
Refer to Chapter
1, Article
III, Violations.
The provisions of this article are supplementary thereto and in addition to the provisions of Chapter
151 of the Laws of New Jersey for 1941, as supplemented and amended.
[Adopted 7-19-2021 by Ord. No. 2021-7]
As used in this article, the following terms shall have the
meanings indicated:
ANIMAL CONTROL OFFICER (ACO)
Any person employed or appointed by the municipality who
is authorized to investigate violations of laws and regulations concerning
animals and to issue citations and make arrests in accordance with
New Jersey law and municipal ordinance.
CAREGIVER/OWNER
Any person who provides food, water, shelter or necessary
medical care to or otherwise cares for an animal or feral cat colony
and any person who has an animal in his or her care, custody or control.
EAR TIPPING
Straight-line cutting of the tip of the left ear of a cat
while the cat is anesthetized for the purpose of identifying cats
in a colony.
FERAL CAT
A cat who currently exists in a wild or untamed state and
has no interaction with humans.
FERAL CAT COLONY
A group of cats that congregates. Although not every cat
in a colony may be feral, any nonferal cats that routinely congregate
with a colony shall be deemed to be a part of it once it has been
impounded at the municipal animal shelter for the state-required seven
days as a stray and released back into the colony.
HUMANE LAW ENFORCEMENT OFFICER (HLEO)
A Humane Law Enforcement Officer is appointed by a municipality
and is certified by the New Jersey Police Training Commission (PTC)
after completing a PTC-approved course of instruction. The Humane
Law Enforcement Officer investigates animal cruelty or animal abuse
situations.
NUISANCE
Disturbing the peace by:
A.
Habitually or continually howling, crying or screaming;
B.
The habitual destruction of property against the wishes of the
owner of the property; or
C.
Generating complaints from residents.
SUITABLE SHELTER
Shelter that provides protection from rain, sun, and other
elements and is adequate to protect the health of the cat.
TNR
Trap, neuter and return.
TNR PROGRAM
A program pursuant to which cats are trapped or physically
captured, neutered or spayed, vaccinated against rabies, ear-tipped
and returned to the current location where they congregate.
A. Feral cat colonies shall be permitted, and the caregiver/owner shall
be entitled to maintain them in accordance with the terms and conditions
of this article.
B. Animal control requirements. It shall be the duty of the ACO/HLEO
to:
(1) Conduct a thorough review to determine if the caregiver/owner has
the capability to meet the requirements;
(2) Help to resolve any complaints over the conduct of a colony caregiver/owner
or of cats within a colony;
(3) Maintain records provided by colony caregiver's/owner's
on the size and location of the colonies as well as the vaccination
and spay/neuter records and electronic animal identification device
(EAID) number of cats in the caregiver's/owner's colonies;
(4) Adhere to the protocols incorporated by reference herein.
The caregiver/owner is responsible for the following:
A. Submitting the feral cat colony for registration with the Township
Clerk;
B. 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;
C. Taking steps that are reasonably likely to result in the spaying/neutering,
by a licensed veterinarian, of at least 90% of the colony population.
In facilitating the spaying/neutering of cats, caregivers/owners shall
be presumed to have acted in good faith in concluding that cats routinely
congregating within the colony are feral;
D. Providing the ACO/HLEO with descriptions of each cat in the colony
and copies of documents evidencing that the cats have been vaccinated
and spayed/neutered;
E. Providing daily food, water and, if feasible, suitable shelter for
colony cats;
F. Observing the colony cats at least twice per week and keeping a record
of any illnesses or unusual behavior noticed in any colony cats;
G. Obtaining proper medical attention to any colony cat that appears
to require it;
H. Obtaining the written approval of the owner of any property, to which
the caregiver/owner requires access to provide colony care;
I. In the event that kittens are born to a colony cat, taking 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 a
municipal animal shelter for the seven-day stray period required by
the state before the animals are placed in homes or foster homes for
the purpose of subsequent permanent placement;
J. Making reasonable efforts to find permanent inside homes for colony
cats who exhibit the potential for acclimating to such a placement;
K. Reporting biannually, in writing, to the ACO/HLEO 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.
A. The left ear of a colony cat that has been spayed or neutered and
vaccinated shall be ear-tipped.
B. An electronic animal identification device (EAID) shall be inserted
into the cat by a veterinarian in accordance with professional medical
standards. The caregiver/owner shall be the named contact for purposes
of the EAID and provide the EAID number to the ACO/HLEO.
C. No animal trapped or impounded by Animal Control due to a resident
complaint may be released into a feral colony.
D. No animal may be relocated into a feral cat colony more than three
Township blocks from the actual location that the cat was trapped.
E. Only animals from the Township of Riverside may be introduced into
a feral cat colony in the Township of Riverside.
A. An Animal Control Officer who has trapped a cat whose left ear has
been tipped or who bears some other distinguishing mark indicating
that the cat belongs to a feral cat colony shall scan the cat for
an EAID. If an EAID is found, the Officer shall contact the caregiver/owner
or other person responsible for the cat.
B. Once contacted, the caregiver/owner shall be responsible for retrieving
the cat from the ACO/HLEO, or, if the ACO/HLEO has delivered the cat
to a shelter, the sponsor shall retrieve the cat from the shelter
within seven business days of notification or shall advise the shelter
if the sponsor does not intend to retrieve the cat. The caretaker/owner
will be responsible for any fees occurred by the municipality for
sheltering or medical attention.
A. The caregiver/owner shall register feral cat colonies in the manner
set forth in this section.
B. Upon initial application of an approved caregiver/owner to register
a colony, caregiver/owner shall comply with this article. Following
compliance with this article, the ACO/HLEO may grant provisional registration
to the preferred colony, entitling the caregiver/owner and the colony
to all benefits and protections set forth in this article.
C. Within a sixty-day time period following provisional registration,
the caregiver/owner shall follow the required procedures as set forth
in this section with respect to the preferred colony. Upon completion,
the ACO/HLEO may grant full registration to the colony or shall revoke
the provisional registration of the colony.
D. Feral cat colonies within the municipality that are not registered
by the caregiver/owner, either provisionally or fully, are not entitled
to any benefits or protections set forth in this article.
A. Nothing shall interfere with the municipality's ability to:
(1) Seize/remove a cat from a colony that is creating a nuisance as defined
above.
(2) Seize/remove a feral cat colony when the caregiver/owner regularly
fails to comply with the requirements.
B. Notwithstanding, the municipality and the Animal Control Officers
are not subject to any notice requirements or time constraints when
acting under the direction of the New Jersey Department of Environmental
Protection.
C. No provisions in this article are intended to interfere with the
ability of ACO/HLEO's to comply with N.J.S.A. 4:19-15.16 or other
existing law.
D. Any caregiver/owner, person, society, agency or humane group which
does not comply with the provisions of this article is subject to
a fine of no less than $50 and not to exceed $1,000. Any caregiver/owner,
person, society, agency or humane group may also have the right to
manage a feral cat colony revoked temporarily or permanently through
court action.
The caregiver/owner of all feral cat colonies formed prior to
the adoption of this article will have 60 days to notify the ACO/HLEO
of any and all colonies in the municipality and 180 days to comply
with all sections of this article.
A. Only residents and property owners in the Township of Riverside may
feed animals outdoors, only on the property they own or reside on
and only during daylight hours. All food outside must be removed and
properly disposed of in sealed receptacle at all other times.
B. Only residents and property owners in the Township of Riverside may
trap cats, dogs or other domestic animals and only on the property
they own or reside on. Trapping will only be conducted during the
hours of 7:00 a.m. and 10:00 p.m., Monday through Friday; no trapping
will be permitted on holidays, weekends or between the hours of 10:00
p.m. and 7:00 a.m., Monday through Friday, without prior notification
given to Animal Control 24 hours in advance. Traps must be set in
an adequate location to reduce harm to the animal and the public.
All traps must be monitored every hour, and notification shall be
made to Animal Control immediately once an animal is captured. Only
humane capture traps may be used in the Township of Riverside.
C. Any person who is not a resident or property owner in the Township
of Riverside, contractor, society, agency or humane group must register
with the ACO/HLEO for prior written approval of any feeding or trapping.
Upon approval, the person, society, agency or humane group must identify
the location of trapping or feeding, the type of animal sought, the
length of time trapping or feeding and how many animals are at that
location and must comply with all other provisions of this article.
Residents and property owners can enlist the help from outside persons
or groups to assist with trapping, spay/neuter, ear tipping and implantation
of electronic animal identification device (EAID) at the resident's
or property owners request.
D. No person shall impound a stray animal from the Township of Riverside
other than the appointed Animal Control Officer. Any person that impounds
an animal will be required to pay restitution to the Township of Riverside
for any charges incurred to the Township of Riverside by such action.
Violations of this chapter or any conditions of a permit issued
pursuant to this chapter shall be subject to a fine in accordance
with Chapter 2 of the Code of the Township. Any bulk storage container
placed or maintained on Township property, streets, or rights-of-way,
or left in such a location after expiration of the permit for more
than 10 days after the mailing of written notice to the owner of the
container, the person contracting for the use of the container, and
the owner of the affected property may be removed by the Township
at the owner's expense for removal and storage of the container.
Notices to remove pursuant to this section shall be sent by certified
mail, return receipt requested, or by personal delivery. Such charge
for removal and storage of the container shall be in addition to any
fines that my otherwise be imposed pursuant to this section.
The provisions of this chapter are severable. Should any section
or portion of this chapter be determined to be invalid or unenforceable
by a court of competent jurisdiction, the remaining sections shall
remain in full force and effect.
The Township Clerk shall provide notice of the adoption of this
chapter to all businesses and individuals known to be renting or leasing
bulk storage containers in the Township within 30 days of the adoption
of this chapter.