[Adopted by as Ch. XI of the 1993 Revised
General Ordinances]
[Amended by Ord. No. 1991-7; Ord. No. 1992-15]
As used in this article, words herein defined
shall have the following meanings:
ABANDONED
An owner or caregiver has forsaken a domesticated animal
entirely, or has neglected or refused to provide care and support
of the domesticated animal.
[Added 12-21-2011 by Ord. No. 2011-23]
ANIMAL CONTROL OFFICER
Any person employed or appointed by the Township who is authorized
to investigate violations of laws and regulations concerning animals,
and to issue citations in accordance with New Jersey law and this
Code.
[Added 12-21-2011 by Ord. No. 2011-23]
AT LARGE
A dog off the premises of the person owning, keeping or harboring
it and not securely fastened to a tether, leash, cord or chain or
the like, not to exceed eight feet in length, held by its owner or
other person capable of controlling such dog.
CAREGIVER
Any person who provides food, water or shelter to or otherwise
cares for a dog, cat or other domesticated animal.
[Added 12-21-2011 by Ord. No. 2011-23]
CAT
A domesticated carnivore, Felis domestica or F. catus, bred
in a number of varieties.
CERTIFIED ANIMAL CONTROL OFFICER
A person 18 years of age or older who has satisfactorily
completed the course of study approved by the Commissioner of Health
and Senior Services and the Police Training Commission as prescribed
by paragraphs (1) through (3) of subsection a. of section 3 of P.L.
1983, c. 525 (N.J.S.A. 4:19-15.16a); or who has been employed in the
State of New Jersey in the capacity of, and with similar responsibilities
to those required of, a certified animal control officer pursuant
to the provisions of P.L. 1983, c. 525 for a period of three years
before January 17, 1987.
[Amended 8-7-2005 by Ord. No. 2005-25]
DOG
Any dog, bitch or spayed bitch.
DOMESTICATED ANIMAL
An animal that is socialized to humans and is appropriate
as a companion for humans.
[Added 12-21-2011 by Ord. No. 2011-23]
EARTIPPING
Straight-line cutting of the tip of the left ear of a cat
while the cat is anesthetized.
[Added 12-21-2011 by Ord. No. 2011-23]
FERAL CAT
A cat that exists in a wild or untamed state, either due
to birth or reversion to a wild state from domestication. The usual
and consistent temperament of a feral cat is extreme fear and resistance
to contact with humans. Feral cats are completely or substantially
unsocialized to humans.
[Added 12-21-2011 by Ord. No. 2011-23]
FERAL CAT COLONY
A group of cats that congregates, more or less, together
as a unit. Although not every cat in a colony may be feral, any nonferal
cats that congregate with a colony shall be deemed to be a part of
it.
[Added 12-21-2011 by Ord. No. 2011-23]
KEEPER
Any person exercising control over a dog or cat or permitting
a dog or cat to remain on premises under his or her control.
KENNEL
Any establishment wherein or whereon the business of boarding
or selling dogs or cats or breeding of dogs or cats for sale is carried
on, except a pet shop.
NUISANCE
Disturbing the peace by habitually or continually howling,
crying or screaming; or by the habitual and significant destruction,
desecration or soiling of property against the wishes of the owner
of the property.
[Added 12-21-2011 by Ord. No. 2011-23]
OWNER
Any person, firm, corporation, partnership, association,
trust, estate, or any other legal entity.
[Amended 12-21-2011 by Ord. No. 2011-23]
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 or cats seized
either under the provisions of this article or otherwise.
RESCUE GROUP
A for-profit or not-for-profit entity or a collaboration
of individuals with at least one of its purposes being the adoption
or placement of dogs, cats or other abandoned animals in homes with
humans to serve as companion animals.
[Added 12-21-2011 by Ord. No. 2011-23]
SHELTER
Any establishment where dogs or cats are received, housed
and distributed.
[Amended 8-7-2005 by Ord. No. 2005-25]
STRAY ANIMAL
A cat, dog or other domesticated animal that is regularly
off the property of the owner, is not under the physical control and
restraint of the owner and is not regularly provided with food by
its owner.
[Added 12-21-2011 by Ord. No. 2011-23]
SUITABLE SHELTER
A shelter that provides protection from rain, sun, and other
elements that is adequate to protect the health of an animal.
[Added 12-21-2011 by Ord. No. 2011-23]
TNR
Trap, neuter and return.
[Added 12-21-2011 by Ord. No. 2011-23]
TNR PROGRAM
An approved program pursuant to which feral and stray cats
are trapped, neutered or spayed, vaccinated against rabies and returned
to the location where they congregate.
[Added 12-21-2011 by Ord. No. 2011-23]
VICIOUS DOG
Any dog which has attacked or bitten any human being or which
habitually attacks other dogs or domestic animals.
ZOONOTIC DISEASE
Those diseases transmittable to humans from animals, including
parasitic, bacterial, fungal and viral diseases.
[Added 12-21-2011 by Ord. No. 2011-23]
[Amended by Ord. No. 1991-7]
A. License; when required. Licenses shall be required
for the following dogs or cats of licensing age:
(1) Any dog or cat acquired and kept within the Township
by any person on the first day of January of any calendar year.
(2) Any dog or cat acquired by any person during the course
of any calendar year and kept within the Township for more than 10
days after acquisition.
(3) Any dog or cat attaining licensing age during the
course of the calendar year.
(4) Any unlicensed dog or cat brought into the Township
by any person and kept within the Township for more than 10 days.
(5) Any dog or cat licensed by another state and brought
into the Township by any person and kept within the Township for more
than 90 days.
B. Application for license.
(1) Each application for a dog or cat license under this
article shall give the following information:
(a)
A general description of the dog or cat sought
to be licensed, including breed, sex, age, color and markings and
whether the dog or cat is of a long- or short-haired variety.
(b)
Name, street and post office address of the
owner of, and the person who shall keep the dog or cat or harbor such
dog or cat.
(2) 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 which are required to be licensed by the provisions of Subsection
A(1) shall be made before the first day of January of each calendar year, except for the case of three-year licenses, for which application shall be made before January 1 of the year of expiration. In all other cases, the application for a license shall be made within 10 days of the date upon which the dog or cat in question first becomes subject to the provisions of this section.
D. 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 Township
Clerk. In addition, he or she shall forward similar information to
the State Department of Health each month on forms furnished by the
Department.
E. Fees.
(1) The person applying for a license shall pay the fees as set forth in §
150-3A for each dog and cat. The same fees shall be charged for annual renewal of each license.
(2) Any person who shall fail to pay the fees prescribed herein within the time provided shall pay an additional late charge fee, as set forth in §
150-3A.
F. Expiration date. Each dog and 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, except licenses issued for
three years shall expire January 31 of the third calendar year following
the year of issue.
G. Exceptions.
(1) The provisions of this section shall not apply to any dog licensed under §
80-3 of this article. Dogs used as guides for blind persons and commonly known as "Seeing Eye dogs," dogs used to assist handicapped persons and commonly known as "service dogs" and dogs used to assist deaf persons and commonly known as "hearing ear" dogs shall be licensed in the same manner as other dogs, except that the owner shall not be required to pay any fee.
(2) Only one license and registration tag shall be required in any licensing year for any dog or cat owned in New Jersey, and such license and tag issued by any other municipality of this state shall be accepted by the Township as evidence of compliance with Subsection
A.
H. License forms and tags.
(1) License forms and uniform official metal registration
tags shall be furnished by the Township Clerk. They shall be numbered
serially and shall bear the year of issuance and the name of the Township.
(2) Identification tags shall have printed or stamped plainly "License, Township of Delran," the current year and a distinct, different number for each dog or cat. A careful record of each such number and the accompanying license shall be maintained by the domestic animal registrar, particularly for identifying lost, strayed or impounded dogs or cats. The shape of the identification tag shall be alternated each year, and upon satisfactory proof to the domestic animal registrar that a license tag has been lost, worn or damaged beyond further use or cannot be found, the domestic animal registrar shall issue to the same applicant, upon payment of a fee as set forth in §
150-3A, a new tag, but of a new and different number, and a notation of the transaction shall also be made on the office file for the number originally issued.
I. Required rabies inoculation.
(1) Dogs. All dogs kept in the Township are required to
be inoculated against rabies by a licensed veterinarian every three
years. Proof of such inoculation shall be presented upon application
for a new dog license, or application for renewal of a dog license.
(2) Cats. All cats required to be licensed pursuant to
the provisions of this article shall also be inoculated against rabies
by August 1 of each year. A certificate demonstrating that the inoculation
was performed shall be filed with the domestic animal registrar by
August 1 of each year.
[Amended by Ord. No. 1991-7]
A. License fees and other monies collected or received
under the provisions of this article, except the registration tag
fees and such other fees required to be sent directly to the state,
shall be forwarded to the Treasurer of the Township 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 or cats liable to seizure under this article; local prevention
and control of rabies; providing antirabies 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
such 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 section. At 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 Township 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.
B. The registration tag fee for each dog shall be forwarded
within 30 days after collection by the Clerk of the State Department
of Health.
The Animal Control Officer shall biennially
cause a canvass to be made of all dogs owned, kept or harbored within
the limits of the Township and shall report to the Township Clerk,
the Board of Health of the Township and to the State Department of
Health on or before September 1 of the year in which the census was
taken 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 licensed and unlicensed dog.
[Amended by Ord. No. 1991-7]
A. Causes for impounding. The Animal Control Officer
and the Police Department shall take into custody and impound, or
cause to be taken into custody and impounded, any of the following
dogs or cats, and thereafter destroy or dispose of the same as provided
in this section:
[Amended by Ord. No. 1992-15]
(1) Any unlicensed dog or cat, or dog running at large
in violation of the provisions of this article.
(2) Any dog off the premises of the owner or the person
keeping or harboring such dog which the Animal Control Officer has
reason to believe is a stray dog.
(3) Any dog or cat off the premises of the owner or the
person keeping or harboring such dog or cat without a current registration
tag on its collar.
(4) Any female dog or cat in season off the premises of
the owner or the person keeping or harboring such dog or cat.
(5) Any dog which has been determined to be a vicious dog as provided in §
80-6, provided that such dog may also be seized by any public officer, and provided further that if such dog cannot be seized with safety, he or she may be killed.
B. Access to premises. 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 which he or
she may lawfully seize and impound when such officer is in immediate
pursuit of such dog or cat, except upon the premises of the owner
of the dog or cat if the owner is present and forbids the same.
C. Notice of seizure.
(1) If any dog or cat so seized wears a registration tag,
collar or harness having inscribed thereon or attached thereto the
name and address of any person, or the owner or the person keeping
or harboring the dog or cat 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 or cat, a notice,
in writing, stating that the dog or cat has been seized and will be
liable to be offered for adoption or destroyed if not claimed within
seven days after service of the notice.
(2) A notice under this section 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 dog's or cat's collar, or by forwarding it by mail in
a prepaid letter addressed to that person at his or her usual or last
known place of abode or to the address given on the collar.
D. Disposition of unclaimed dogs and cats.
(1) The Animal Control Officer of the Township is authorized
and empowered to cause the destruction of any unclaimed dog or cat,
in as humane a manner as possible, or offer same for adoption under
any of the following contingencies:
(a)
When any dog or cat so seized has not been claimed
by the person owning, keeping or harboring such dog or cat within
seven days of the dog's or cat's detention when notice cannot be given,
as set forth in the previous subsection.
(b)
If the person owning, keeping or harboring any dog or cat so seized has not claimed the dog or cat and has not paid all expenses incurred by reason of its detention, including maintenance, as set forth in §
150-3A.
(c)
If the seized dog or cat is unlicensed at the
time of its seizure and the person owning, keeping or harboring such
dog or cat has not produced a license and registration tag as provided
in this article.
(2) The preceding requirements of Subsection
D(1)(a),
(b) and
(c) of this section shall not be deemed applicable when any dog or cat seized and impounded, pursuant to Subsection
A, whether licensed or unlicensed, is, or appears to be, suffering from rabies, is immediately dangerous to the public, or has been so badly injured that it cannot be moved or helped by veterinarian care. In such case, the Animal Control Officer, or any member of the Police Department, may forthwith cause such dog or cat to be destroyed.
E. Reports and records of disposal of dogs and cats.
A report of all dogs and cats disposed of pursuant to this section
shall be promptly filed with the Township Administrator or any other
person appointed by the Township Council for that purpose, who shall
keep a proper and complete record in a substantially bound book.
F. Redemption.
(1) No dog or cat shall be returned to the owner or claimant
of such dog or cat unless the dog or cat shall have a current license
and shall have complied with the rabies inoculations requirements
as hereinafter provided and the owner has paid the fees required.
(2) Any redemption of a dog or cat pursuant to the provisions
of this section shall not be deemed to discharge or release the owner
thereof from the penalties prescribed for any violation of this article.
No person shall own, keep or harbor a dog or
cat in the Township of Delran, except in compliance with the provisions
of this article and following regulations:
A. Wearing of registration tags. All dogs and cats for
which licenses are required by the provisions of this article to be
licensed shall wear a collar or harness with the registration tag
securely fastened thereto.
[Amended by Ord. No. 1991-7]
B. Use of registration tags. No person, except an officer
in the performance of his or 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.
[Amended by Ord. No. 1991-7]
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 so as to disturb
others.
E. Running at large. No person owning, keeping or harboring
any dog shall suffer or permit it to run at large upon the public
streets or in any public park, or upon private property other than
that of the owner, or any other public place within the Township.
F. Leashing of dogs. No person owning, keeping or harboring
any dog shall suffer or 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 seven years and 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 or cat shall suffer or permit it to do any injury, or to do
any damage to any lawn, shrubbery, flowers, grounds or property.
[Amended by Ord. No. 1991-7]
H. All persons owning, harboring, keeping, walking or in charge of any dog or other pet shall comply in all respects with the provisions of Chapter
303, Stormwater Management, or be subject to the penalties set forth in that Chapter
303. On the property of any person owning, harboring, keeping, walking or in charge of any dog or other pet, such person shall maintain the property in a sanitary manner free from noxious odors and waste, attraction to vermin, or any other public nuisance to neighbors or others.
[Amended by Ord. No. 1992-15; 8-17-2005 by Ord. No. 2005-23]
I. Penned dogs and other animals. Dogs, cats and other
animals which are penned outside of the home shall be adequately housed
in shelters of appropriate size for the size of the animals. Adequate
food and water shall be provided for the animals.
[Amended by Ord. No. 1991-7]
J. Female dogs and cats. A female dog or cat in heat
shall be kept confined to the house or a pen. When she is walked or
exercised she must be on a leash and controlled by a responsible adult.
During the period a female dog or cat is in heat, such dog or cat
shall not be chained or tied in an open yard or area at any time.
[Amended by Ord. No. 1991-7]
[Added 12-21-2011 by Ord. No. 2011-23]
A. Feral cat colonies shall be permitted and caregivers shall be entitled
to maintain them in accordance with the terms and conditions of this
article.
B. Sponsorship of colony TNR programs. The Burlington County Feral Cat
Initiative program, a nonprofit animal education organization in existence
to guide townships in the County of Burlington to oversee TNR programs
as a cost-effective and proven solution for the compassionate reduction
of feral cat populations, is approved. Persons may apply to the Township
to serve as colony TNR program sponsors ("sponsors") so long as said
persons agree to perform the responsibilities stated in this article
for sponsors.
C. Sponsor requirements. It shall be the duty of the sponsor to:
(1) Review and approve of colony caregivers;
(2) Help to resolve any complaints over the conduct of a colony caregiver
or of cats within a colony;
(3) Maintain records provided by colony caregivers on the size and location
of the colonies as well as the vaccination and spay/neuter records
of cats in the sponsor's colonies; and
(4) Report annually to the Township on the following:
(a)
Number of colonies in the Township;
(b)
Total number of cats in colonies;
(c)
Number of cats and kittens spayed and neutered pursuant to the
TNR program; and
(d)
Number of cats and kittens placed in permanent homes.
(5) Use due consideration to avoid the taking of rare, threatened or
endangered species under the Endangered and Nongame Species Conservation
Act, N.J.S.A. 23:2A-1 et seq.
D. Feral cat caregiver requirements. Caregivers are responsible for
the following:
(1) Complete the necessary training requirements of the Burlington County
Feral Cat Initiative program to qualify as a caregiver;
(2) Registering the feral cat colony with the sponsor;
(3) 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;
(4) Taking steps that are reasonably likely to result in the spay/neuter,
by a licensed veterinarian, of at least 90% of the colony population;
(5) Providing the sponsor with descriptions of each cat in the colony
and copies of documents evidencing that the cats have been vaccinated
and spayed/neutered;
(6) Providing food, water and, if feasible, shelter for colony cats;
(7) Observing the colony cats at least twice per week and keeping a record
of any illnesses or unusual behavior noticed in any colony cats;
(8) Obtaining the approval of the owner of any property to which the
caregiver requires access to provide colony care;
(9) In the event that kittens are born to a colony cat, the caregiver
shall take reasonable steps likely to result in the removal of the
kittens from the colony after they have been weaned, and the placement
of the kittens in homes or foster homes for the purpose of subsequent
permanent placement;
(10)
Reporting annually, in writing, to the sponsor on the status
of the colony, including data on the number and gender of all cats
in the colony, the number of cats that died or otherwise ceased being
a part of the colony during the year, the number of kittens born to
colony cats and their disposition and the number of cats and kittens
placed in permanent homes as companion cats; and
(11)
Obtaining proper medical attention for any colony cat that appears
to require it.
E. Colony cat requirements.
(1) The left ear of a colony cat that has been spayed or neutered and
vaccinated shall be eartipped.
(2) An electronic animal identification device (EAID) shall be inserted
into the cat by a veterinarian in accordance with professional medical
standards. The sponsor shall be the named contact for purposes of
the EAID.
F. Disposition of colony cats.
(1) An Animal Control Officer who has trapped a cat whose left ear has
been tipped or which bears some other distinguishing mark indicating
that it belongs to a feral cat colony shall transport the cat to the
Burlington County Animal Shelter, where the cat will be scanned for
an EAID. If an EAID is found, the registered owner, caregiver or sponsor
identified in the EAID microchip registry will be contacted and advised
the cat is located at the Burlington County Animal Shelter.
(2) The owner, caregiver or sponsor shall be responsible for retrieving
the cat from the Burlington County Animal Shelter within three business
days or advising the shelter if the owner or sponsor does not intend
to retrieve the cat.
[Added 12-21-2011 by Ord. No. 2011-24]
A. It is
unlawful for any person to feed feral cats on any property owned by
the Township of Delran.
B. Any person
who violates the provisions of this section shall be guilty of an
infraction and shall be fined in a sum not to exceed $300.
[Adopted by Ord. No. 2003-23 (Sec. 4-14.12 of the 1993 Revised
General Ordinances)]
No person shall feed, cause to be fed or provide
food for wild waterfowl on any private or public lands within the
Township of Delran.
This article shall not be construed to prohibit
humane acts towards wild waterfowl in individual cases, such as the
temporary nurturing of a wounded bird on one's own premises.