[HISTORY: Adopted by the Township Council of the Township
of Denville as indicated in article histories. Amendments noted where
applicable.]
[Adopted by Ord. No. 31-90 (Ch. 5 of the 1978 Revised General Ordinances)]
[Amended 7-16-2013 by Ord. No. 15-13]
As used in this article, the following terms shall have the
meanings indicated:
Cat or dog.
A yearly house-to-house survey conducted to discover unlicensed
animals.
Any member of the feline species; male, female or neutered.
Any cat which has attained the age of seven months or which
possesses a set of permanent teeth.
The Division of Health of the Township.
Any dog, bitch or spayed bitch.
Any dog which has attained the age of seven months or which
possesses a set of permanent teeth.
Any establishment in which the business of boarding or selling
animals or breeding any such animals for sale is carried on except
a pet shop.
For the purpose of this chapter shall mean all creatures
other than a dog or cat.
Any person who shall possess, maintain, house or harbor any
pet or otherwise have custody of any pet, whether or not the owner
of such pet.
[Amended 12-1-2020 by Ord. No. 19-20]
Any place of business which is not part of a kennel, wherein
animals, including, but not limited to, dogs, cats, birds, fish, reptiles,
rabbits, hamsters or gerbils, are kept or displayed chiefly for the
purpose of sale to individuals for personal appreciation and companionship
rather than for business or research purposes.[1]
Domesticated fowl, including chickens, ducks, geese, pheasants
and turkeys.
[Added 6-14-2016 by Ord.
No. 07-16]
An establishment for the confinement of animals seized either
under the provisions of this chapter or otherwise.
The running or standing of any animal, on any street or other
public or private place, except on the property of the owner or custodian
of the animal, unattended and not under the immediate control of some
responsible person able to control such animal.
An enclosure or pen out of which an animal cannot escape.
A leash or chain which an animal cannot break or sever and
which is not over six feet in length.
Any establishment where animals are received, housed and
distributed.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
A cat of unknown ownership over which no person has full
control. "Control" shall include, but not be limited to, the ability
to physically restrain the animal at any time.
[1]
Editor's Note: Former Subsection 1 of this definition, which
contained a definition of "pet/animal supply establishment," was repealed
8-9-2016 by Ord. No. 09-16.
A.
License required. No person shall keep or harbor any dog or cat of
licensing age within the Township without first obtaining a license
and registration tag therefor, to be issued by the Division of Health
upon application by the owner and payment of the prescribed fee, and
no person shall keep or harbor any dog or cat in the Township except
in compliance with the provisions of this chapter.
B.
Issuance of tag.
[Amended 6-12-2018 by Ord. No. 14-18]
(1)
Any
person who shall own, keep or harbor a dog or cat of licensing age
shall, every one or three years, on or before January 1 for dogs and
on or before June 1 for cats, apply for and procure from the Division
of Health a license and official metal registration tag for each such
animal so owned, kept or harbored, and shall place upon such animal
a collar or harness with the registration tags securely fastened thereto.
(2)
To
obtain a one-year license or registration tag, the dog or cat owner
shall:
(a)
Provide evidence that the dog or cat to be licensed and registered has been inoculated by a licensed veterinarian with a rabies vaccine in accordance with § 128-2G of this chapter; and
(b)
Provide evidence that the dog or cat to be licensed and registered
has been inoculated against rabies with a vaccine having a duration
of immunity of at least 10 of the 12 months of the licensing year.
(c)
An exemption to the rabies inoculation requirement shall be granted
if the owner presents written certification from a licensed veterinarian
that the dog cannot be vaccinated due to a medical condition or course
of therapy.
(3)
To
obtain a three-year license or registration tag, the dog or cat owner
shall:
(a)
Provide evidence that the dog or cat to be licensed and registered has been inoculated by a licensed veterinarian with a rabies vaccine in accordance with § 128-2G of this chapter; and
(b)
Provide evidence that the dog or cat to be licensed and registered
has been inoculated against rabies with a vaccine having duration
of immunity of three years, provided that for the third and last licensing
year, duration of immunity shall at minimum be for 10 months of the
12 months of the licensing year.
C.
Fees. The fees for dog and cat licenses and registration tags and applicable late charges shall be as set forth in Chapter 245, Fees, Rates and Charges, § 245-5, Animal Control, of this Code. The fee for each renewal of the license and registration tag shall be the same as for the original license and tag. All dog licenses, registration tags and renewals thereof shall expire on the last day of December of the one- or three-year license period. All cat licenses, registration tags and renewals thereof shall expire on the last day of May of the one- or three-year license period. All license and registration tag fees shall be payable in full for the entire amount thereof regardless of the date applied for or issued. In the event that any animal registration tag is lost, such tag shall be replaced upon application to the Division of Health and upon payment of the replacement fee set forth in Chapter 245, § 245-5, of this Code. Dogs used as guides for blind persons and commonly known as "seeing eye" dogs, dogs used to assist persons with disabilities and commonly known as "service dogs," or dogs used to assist deaf persons and commonly known as "hearing ear" dogs shall be licensed and registered as other dogs hereinabove provided for, except that the owner or keeper of such dog shall not be required to pay any fee therefor.
[Amended 6-12-2018 by Ord. No. 14-18]
D.
Newly acquired animals. The owner of any newly acquired dog or cat
of licensing age or of any such animal which attains licensing age
shall make application for a license and registration tag for such
animal within 10 days after such acquisition or age attainment.
E.
Application information. The application for a dog or cat license
and registration tag shall state the breed, sex, age, name, color
and markings of the animal for which license and registration are
sought, whether it is of a long- or short-haired variety, and whether
the animal is neutered or unneutered; also, the name, street and post
office address of the owner and the person who shall keep or harbor
such animal. The information on the application and the registration
number issued for the animal shall be preserved for a period of three
years by the Division of Health. In addition, similar information
shall be forwarded by the Division of Health to the State Department
of Health each month, on forms furnished by the Department. Registration
numbers shall be issued in the order of the application.
F.
Licensed in another state.
(1)
Any person who shall bring or cause to be brought into the Township any cat or dog licensed in another state for the current year, and bearing a registration tag, and shall keep the same or permit the same to be kept within the Township for a period of more than 90 days, shall immediately apply for a license and registration tag for each such animal, unless such animal be licensed under § 128-6.
(2)
Any person who shall bring or cause to be brought into the Township any unlicensed cat or dog 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 a license and registration tag for each such animal, unless such animal be licensed under § 128-6.
G.
Rabies vaccine.
[Amended by Ord. No. 15-96]
(1)
No animal license required to be obtained pursuant to the provisions
of this chapter shall be issued unless the person making application
for this license shall present to the Division of Health a certificate
that the animal to be licensed and 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 Health, Education and Welfare,
or has been certified exempt as provided by regulations of the State
Department of Health. Such vaccination shall be repeated at intervals
as provided by regulations of the State Department of Health and shall
be administered by a duly licensed veterinarian or by such other veterinarian
permitted by law to do the same.
(2)
Any animal may be exempt from the requirements for vaccination set
forth for a specified period of time upon the presentation of a certificate
from a duly licensed veterinarian of the State of New Jersey stating
that by reason of age, infirmity or other physical condition the vaccination
of such animal against rabies for such specified period of time is
contraindicated.
(3)
No person may own, keep or harbor any dog or cat whose rabies vaccination
is not kept current and maintained at all times without interruption.
In order to achieve compliance with this subsection, all dogs and
cats must be re-vaccinated on or before the expiration date appearing
on the certificate of vaccination issued for the animal by a duly
licensed veterinarian or rabies clinic.
H.
Unauthorized removal of tags. No person, except an officer in the
performance of his duties, shall remove a registration tag from any
animal without the consent of the owner, nor shall any person attach
a registration tag to an animal for which it was not issued.
A.
Any person who keeps or operates or proposes to establish a kennel,
a pet shop, a shelter or a pound shall apply to the Division of Health
for a license entitling him to operate such establishment.
B.
The application shall describe the premises where the establishment
is located or is proposed to be located, the purpose or purposes for
which it is to be maintained, and shall be accompanied by the written
approval of the sanitary inspector of the Division of Health, showing
compliance with the local and state rules and regulations governing
location of and sanitation of such establishment.
C.
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, and
be subject to revocation by the Division of Health on recommendation
of the State Department of Health or by the Division of Health for
failure to comply with the rules and regulations of the Division of
Health or the State Department of Health governing the same after
the owner has been afforded a hearing by either the State Department
of Health or the Division of Health.
D.
Any person holding such license shall not be required to secure individual
licenses for animals owned by such licensee and kept at such establishment.
Such licenses shall not be transferable to another owner or different
premises.
E.
License required; standards. No person or owner shall be issued a
license for the operation of a kennel, pet shop or shelter by the
Division of Health unless written approval of the sanitary inspector
of the Division of Health showing compliance with the following minimum
standards shall have been obtained from the sanitary inspector:
(1)
The dogs, cats and other animals shall be housed in a building which
is detached from the applicant's residence.
(2)
In kennels, dogs shall be confined to secure enclosures with run
areas connected thereto so that they do not come in contact with other
dogs. Cats shall be similarly confined in secure enclosures so that
they do not come in contact with other cats or animals.
(3)
In pet shops, dogs, cats and other animals shall be individually
confined to secure enclosures with run areas connected thereto so
that they do not come in contact with other animals.
(4)
The size, location and sanitary facilities of secure enclosures and
run areas connected thereto in kennels, pet shops and shelters shall
be such that dogs, cats and other animals cannot cause a nuisance.
(5)
Buildings used for kennels, pet shops and shelters shall comply in
all respects with the building code and zoning code of the Township.
(6)
All secure enclosures shall be constructed of impervious washable
material. The floors of secure enclosures and run area shall have
a concrete steel-trowelled base and be pitched to provide proper drainage
to drains and gutters which are connected to an approved subsurface
septic system or sewer line if available.
(7)
The buildings used for kennels, pet shops and shelters shall at all
times have hot and cold running water, be maintained at a minimum
temperature of 55°, have facilities for washing and sanitizing
utensils in a manner approved by the Division of Health, have windows
and doors which are screened and provide adequate ventilation so that
the premises are free from insects and foul odors.
(8)
Kennels, shelters and pet shops shall have a room or rooms for segregating
dogs, cats or other animals to provide for the following circumstances:
(9)
Facilities for the humane destruction of dogs, cats or other animals
and proper disposal of carcasses shall be provided by the owners or
operators of pounds and shelters. Where facilities are provided for
destruction and disposal of animals in kennels and pet shops, the
destruction shall be in a humane way and the disposal of carcasses
in a proper manner.
F.
Segregated diseased animals. All dogs, cats or other animals which
have had contact with a known or suspected rabid animal, dogs, cats
or other animals which are diseased or have been exposed to disease,
females in season and ill-tempered dogs, cats or other animals shall
be segregated.
G.
Notify authorities of rabid animals. Any person operating or employed
at a kennel, pet shop, pound or shelter who observes any animal which
he has cause to suspect is rabid shall immediately notify the Division
of Health or the State Department of Health.
H.
Records. There shall be kept at each kennel, pet shop, pound and
shelter, a record of all animals received, description of animal,
license number, breed, age and sex, name and address of person from
whom acquired; date disposed of and name and address of person to
whom sold or otherwise transferred. These records shall be kept at
the licensed premises for 12 months after the date the dog is removed
from the establishment and shall be available to any agent of the
Township government, the local Division of Health or the State Department
of Health.
I.
Annual fee. The annual license fee for kennel and pet shop licenses, and applicable late charges shall be as set forth in Chapter 245, § 245-5. No license fee shall be charged for a shelter or pound. A late fee shall be charged to all applicants for licenses under this section in the event that such licenses are not renewed prior to the expiration of same.
J.
Control required. No animal kept in a kennel, pet shop, shelter or
pound shall be permitted off such premises, except on a leash or in
a crate or other safe control.
K.
Sanitary inspector to forward list. The sanitary inspector 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
therefor are issued, which list shall include the name and address
of the licensee and the kinds of license issued.
The office of Animal Control Officer is hereby created for the
Township. It shall be the duty of the Animal Control Officer to enforce
the provisions of this article.
A.
The Animal Control Officer shall take into custody and impound or
cause to be taken into custody and impounded, and thereafter, destroyed
or disposed of as provided in this section:
(1)
Any animal running-at-large in the Township or off the premises of
the owner or the person keeping or harboring such animal not controlled
by a leash as provided in this chapter and/or which such officer or
his agents have reason to believe is a stray animal. Excepted, however,
from this requirement is any licensed cat, not in season if female,
bearing a proper registration tag, so long as such cat is not causing
a nuisance, the destruction of private or public property or injury
to a person or other domestic animal.
(3)
Any animal in violation of any other section of this chapter.
(4)
Any animal off the premises of the owner or of the person keeping
or harboring the animal without a current registration tag on his
collar.
(5)
Any female animal in season off the premises of the owner or of the
person keeping or harboring the animal.
B.
Time to claim. If any animal so seized wears a collar or harness
having inscribed thereon or attached thereto the name and address
of any person or a registration tag or the owner or the person keeping
or harboring the animal is known, the Animal Control Officer shall
forthwith serve on the person whose address is given on the collar,
or on the owner or the person keeping or harboring the animal, if
known, a notice, in writing, stating that the animal has been seized
and will be offered for adoption or destroyed if not claimed within
seven days after the service of the notice.
[Amended by Ord. No. 15-96]
C.
Service of notice.
(1)
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 collar, or by forwarding it by post 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.
(2)
When any animal so seized has been detained for seven days after
notice, when notice can be given as above set forth, or has been given
as above set forth and if the owner or person keeping or harboring
the animal has not claimed the animal and paid all expenses incurred
by reason of its detention, including all maintenance fees, if the
animal be unlicensed at the time of the seizure and the owner or person
keeping or harboring the animal has not produced a license and registration
tag for the animal, the aforesaid Animal Control Officer may cause
the animal to be destroyed in a manner causing as little pain as possible.
D.
Wounded or rabid animals restriction. Wounded or injured animals
shall be taken by the Animal Control Officer to a veterinarian designated
by the Division of Health. If the animal is identifiable, the owner
is to be immediately notified. If the animal is not identifiable,
at the discretion of the veterinarian and an authorized representative
of the Division of Health, the animal shall be destroyed. When possible,
the animal is not to be destroyed for at least 24 hours, and diligent
search is to be made among health offices of surrounding municipalities
to determine if the animal is wanted for any reason. If the animal
is suspect of rabies, it shall immediately be decapitated, and the
head taken to the State Department of Health. It shall be the duty
of the Animal Control Officer or any other designated official of
the Division of Health to take the head to the State Department of
Health. If the animal is identifiable or known, all fees incurred
by the Division of Health, including fees for transportation and humane
destruction, shall be charged to the owner of the animal. If the animal
is not identifiable or known, the fee of the veterinarian shall be
borne by the Division of Health and charged to the Rabies Control
Fund.
E.
Dead or rabid animals. Dead animals shall be taken to a place and/or
establishment designated by the Division of Health. If the animal
is suspected of rabies, it shall immediately be decapitated, and the
head taken to the State Department of Health. It shall be the duty
of the Animal Control Officer or any other designated official of
the Division of Health to take the head to the State Department of
Health. If the animal is identifiable or known, all fees incurred
by the Division of Health, including fees for transportation and humane
destruction, shall be charged to the owner of the animal. If the animal
is not identifiable or known, the fees of the veterinarian shall be
borne by the Division of Health and charged to the Rabies Control
Fund.
F.
Recovery fees. In all cases where a cat or dog is taken into custody by the Animal Control Officer and impounded, and such animal is later claimed by the owner thereof, before such animal shall be released to the owner, the owner shall pay a recovery fee and all boarding fees as set forth in Chapter 245, § 245-5, of this Code. Written proof of payment of the recovery fee shall be furnished before the animal is released to the owner.
The Animal Control Officer is hereby authorized to go upon any
premises to seize for impounding any animal or animals which he may
lawfully seize and impound when such officer is in immediate pursuit
of such animal(s), except upon the premises of the owner of the animal
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 chapter.[1]
[Amended by Ord. No. 15-96]
No person owning, keeping or harboring an animal shall permit,
suffer or allow said animal to:
A.
Habitually bark, howl or cry so as to disturb the public peace.
B.
Be off the premises of such owner or person so harboring said animal,
or be upon a public street or other public place in the Township,
unless the animal shall be accompanied by a person who is capable
of controlling such animal and has the animal secured by an adequate
leash not more than six feet long. This requirement shall not apply
to a licensed cat, not in season if female, bearing a proper registration
tag, so long as such cat is not reported to, or observed by, a certified
Animal Control Officer to be ill, injured or creating a threat to
the public health, safety or welfare, or otherwise interfering with
the enjoyment of property.
C.
Cause injury to any person or other domestic animal, or cause damage
to any lawn, shrubbery, flowers, grounds, trees or any property of
persons other than the owner or person having the care, custody or
control of such animal.
No person, other than the Township Animal Control Officer or
his or her authorized designee, shall trap a wild or stray cat for
any purpose whatsoever and return or release such animal to a free
environment.
[Added 6-14-2016 by Ord.
No. 07-16]
No person shall own, keep, or harbor poultry within the Township
on any property which is less than five acres in size.
The conduct of an animal shall be attributed to the owner thereof
and the owner shall be deemed to have permitted any animal who acts
contrary to the requirements of this chapter to act in such manner
and such owner shall be guilty of a violation hereof.
A.
Applicable state law. State law governing vicious and potentially
dangerous dogs and all requirements pertaining to the declaration
of vicious and potentially dangerous dogs are set forth in N.J.S.A.
4:19-17 et seq.
B.
Costs of impoundment to be responsibility of owner. If a dog is declared to be vicious or potentially dangerous pursuant to N.J.S.A. 4:19-17 et seq., the owner shall be liable to the Township for all costs and expenses associated with its impoundment and destruction. The fees for impoundment shall be as set forth in Chapter 245, Fees, Rates and Charges, § 245-5. Fees for humane destruction shall be charged at the rate charged by the entity or individual providing such service to the municipality.
C.
Potentially dangerous dog license; fee. It shall be the duty of the owner of a dog which is declared to be potentially dangerous to secure a special potentially dangerous dog license, registration number and red identification tag and comply with any other conditions imposed by the Municipal Court pursuant to N.J.S.A. 4:19-24. The license fee for a potentially dangerous dog shall be as set forth in Chapter 245, Fees, Rates and Charges, § 245-5, Animal control.
[Amended by Ord. No. 15-96]
[Amended 12-1-2020 by Ord. No. 19-20]
A.
Purpose. This section establishes requirements for the proper disposal
of pet solid waste in the Township of Denville, so as to protect public
health, safety and welfare, and to prescribe penalties for failure
to comply.
B.
IMMEDIATE
OWNER/KEEPER
PERSON
PET
PET SOLID WASTE
PROPER DISPOSAL
Definitions. For the purpose of § 128-13, Pet waste, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of Chapter 128, Animals, clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
The pet solid waste is removed at once, without delay.
Any person who shall possess, maintain, house or harbor any
pet or otherwise have custody of any pet, whether or not the owner
of such pet.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
A domesticated animal (other than a disability assistance
animal) kept for amusement or companionship.
Waste matter expelled from the bowels of the pet; excrement.
Placement in a designated waste receptacle, or other suitable
container, and discarded in a refuse container which is regularly
emptied by the municipality or some other refuse collector; or disposal
into a system designed to convey domestic sewage for proper treatment
and disposal.
C.
Requirement for disposal. All pet owners and keepers are required
to immediately and properly dispose of their pet's solid waste deposited
on any property, public or private, not owned or possessed by that
person.
D.
Exemptions. Any owner or keeper who requires the use of a disability
assistance animal shall be exempt from the provisions of this section
while such animal is being used for that purpose.
E.
Enforcement. The provisions of this section shall be enforced by
the Police Department and the Department of Health of the Township
of Denville.
[1]
Editor's Note: Former § 128-14, Abandonment, was
repealed 11-1-2022 by Ord. No. 19-22.
No female animal in season shall be left unattended by its owner
or the person keeping or harboring it unless the animal is securely
confined within the physical confines of a home, residence, kennel,
pet shop or pound so as not to be exposed to male dogs.
A.
License fees and other moneys collected or received under the provisions
of this chapter, except registration tag fees, 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 which shall be used for
the following purposes: for collecting, keeping and disposing of dogs,
cats and other animals liable to seizure under this chapter; for local
prevention and control of rabies; for providing antirabies treatment
under the direction of the Division of Health for any person known
or suspected to have been exposed to rabies; and for all other purposes
prescribed by the Statutes of New Jersey governing the subject, and
for administering the provisions of this chapter. 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.
All state-imposed registration tag, surcharges and other fees shall
be forwarded to the State Department of Health within 30 days after
collection or receipt.
[Amended by Ord. No. 7-07]
A.
Except as otherwise provided by N.J.S.A. 4:19-15.1 et seq. and N.J.S.A. 4:19-16 et seq., any person who violates § 128-2, 128-3 or 128-7 of this article shall be liable to a penalty of not less than $5 nor more than $50 for each offense, to be recovered by and in the name of the Township, except that for the first offense in the case of a violation of § 128-2A, B, C or G, the penalty shall be not less than $1 nor more than $50 to be recoverable in the same manner.
B.
For any other violation of the provisions of this article, the penalty shall be as provided in Chapter 1, Article II, General Penalty, of the Township Code, provided that the minimum penalty shall be $100 and the penalty for all summonses which do not require a court appearance shall be a minimum of $100.
[Adopted by Ord. No. 12-96; amended in its entirety by Ord. No. 17-07 (Ch. 3, Sec. 3-12.24, of the 1978 Revised General Ordinances)]
The purpose of this article is to prohibit the feeding of unconfined
wildlife in any public park or on any other property owned or operated
by the Township of Denville or on private property so as to protect
public health, safety and welfare, and to prescribe penalties for
failure to comply.
For the purpose of this article, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this article clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
To give, expose, deposit, distribute or scatter any edible
material with the intention of feeding, attracting or enticing wildlife.
Feeding does not include baiting in the legal taking of fish and/or
game or providing feed in bird feeders, provided that such feeders
are located at least 12 feet above the ground.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
All animals that are neither human nor domesticated.
No person shall feed, in any public park or on any other property
owned or operated by the Township, or on any private property, any
wildlife, excluding confined wildlife (for example, wildlife confined
in zoos, parks or rehabilitation centers, or unconfined wildlife at
environmental education centers).
This article shall not be construed to prohibit humane acts
in individual cases, such as the temporary nurturing of a wounded
or abandoned animal on one's own premises.
All police officers of the Township and the Division of Health
are hereby given full power and authority and are charged with the
duty to enforce all provisions of this article.
