Unless the context of this chapter indicates
otherwise, the words and phrases contained in this chapter shall have
the meanings ascribed to them in this section:
ANIMAL CONTROL AUTHORITY
Any person or agency designated or certified by the State
of New Jersey to enforce the provisions of this chapter.
AT LARGE
Off the premises of the owner and not under the control of
the owner or a member of his immediate family, either by leash, cord,
chain or otherwise.
CAT
Any member of the feline species regardless of age or sex.
"Cat" is a member of the animal species Felis Catus.
CAT OF LICENSING AGE
Any cat which has attained the age of seven months or which
possesses a permanent set of teeth.
CATTERY
Any room or group of rooms, cage or exhibition pen, not part
of a kennel, wherein cats for sale are kept or displayed.
DOG
Any member of the animal species Canis Familiaris.
DOG OF LICENSING AGE
Any dog which has attained the age of seven months or which
possesses a set of permanent teeth.
FEED
To give, place, 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.
[Added 10-13-2005 by Ord. No. 17-05]
HARBORER
Any person who provides food and shelter for any domesticated
animal on a periodic or temporary basis.
KENNEL
Any establishment wherein or whereon the business of boarding or selling animals or breeding animals for sale is carried on, except a pet shop. Pet day-care establishments are considered as kennels under this chapter. The definition of "kennel" shall not include a residential property where dogs or cats are bred or harbored on the premises, provided the number of dogs or cats of licensing age on such premises does not exceed the number provided in §
121-15; and provided the property owner or tenant occupying the residential property is not in violation of zoning, nuisance or animal control regulations.
[Amended 10-12-2017 by Ord. No.
17-17]
LICENSING AUTHORITY
The Borough of Rockaway's Department of Health is hereby
charged with administering the issuance and/or revocation of permits
and licenses under the provisions of this chapter.
NEUTERED
Rendered permanently incapable of reproduction as certified
by a licensed veterinarian.
OTHER ANIMAL
For purposes of this chapter, all animals other than dogs
or cats, including but not limited to birds, reptiles, fish, etc.,
which are harbored, kept or owned or run wild in the Borough of Rockaway.
OWNER
A person having right of property in any animal; who keeps
an animal; who has an animal in his care or custody; or who knowingly
permits an animal to remain on or about any premises occupied by him.
PERSON
Any individual, firm, corporation, partnership, association,
trust, estate or other legal entity.
PET
A domesticated animal (other than a disability assistance
animal) kept for amusement or companionship.
[Added 10-13-2005 by Ord. No. 17-05]
PET SHOP
A retail establishment open to the public and engaging in
the business of selling dogs or cats, or both, at retail. Any person
who sells, exchanges, or otherwise transfers only dogs, cats or other
animals that were bred and reared on the premises owned by the person
shall be considered a breeder and not a pet store.
[Amended 10-12-2017 by Ord. No.
17-17]
PET SHOP OPERATOR
A person who owns or operates a pet shop, or both.
[Added 10-12-2017 by Ord. No.
17-17]
WILDLIFE
All animals that are neither human nor domesticated.
[Added 10-13-2005 by Ord. No. 17-05]
[Amended 11-14-1991 by Ord. No. 22-91; 10-12-2017 by Ord.
No. 17-17]
A. License required; contents; term; transfer. As set forth in N.J.S.A.
4:19-15.8, any person who keeps or operates or proposes to establish
a kennel, pet shop, shelter or pound shall apply annually to the Borough
of Rockaway Health Department for a license entitling the person to
keep or operate such establishment. All licenses issued for a kennel,
pet shop, shelter or pound shall state the purpose for which the establishment
is maintained, shall expire on the last day of June of each year,
and shall not be transferable to another owner or different premises.
B. Prohibition. No pet shop, pet shop operator, kennel or kennel operator
shall sell, offer for sale, barter, auction, breed or otherwise improperly
dispose of dogs or cats, or both. Nothing contained herein shall prohibit
a shelter, pound or other nonprofit establishment from keeping, displaying,
offering for adoption, selling or otherwise transferring any dog or
cat that has been seized, rescued or donated.
C. Exemption from requirement for licensing of individual animals. Any
person holding such license shall not be required to secure individual
licenses for animals owned by such licensee and kept at such establishment.
D. Applicability of zoning regulations. Zoning ordinance provisions
relating to kennels shall supersede and have priority over the provisions
of this section relating thereto.
E. Maximum number of licenses. The number of kennel licenses issued
and outstanding at the same time in the Borough shall not exceed five.
This provision shall not affect renewal of existing licenses.
F. All kennels, pet shops, shelters and pounds shall be inspected as
per state regulations covering animal facility operations, N.J.A.C.
8:23A-1.1 et seq. The Borough of Rockaway Health Department shall
post the inspection report, with the appropriate corresponding placard
in a conspicuous location within the facility after inspection.
G. The owners/operators of any pet shop offering for sale any reptiles
(including, but not limited to, iguanas, snakes and/or lizards) shall
issue to purchasers of reptiles, a "health alert for reptiles" warning
notice, as provided by the New Jersey State Department of Health,
on the possible spread of salmonella as a result of handling reptiles.
In addition, the owner/operator will also maintain a file with the
purchaser's personal information (name, address and telephone
number) and signature acknowledging receipt and comprehension of the
warning notice.
H. The owners/operators of any pet shop offering for sale any other
animal which is at any time found by the New Jersey State Department
of Health to pose a health threat must notice the purchaser, in writing,
of such health threat with a copy of the notice to the Borough of
Rockaway Health Department.
I. In addition to the state pet shop, kennel licensing fee, there will be a local inspection fee based on the square footage of the premises being inspected. Square footage shall include the entire area utilized by the pet shop and/or kennels, both indoors and outdoors. These fees are set forth in Chapter
A263, Fees.
J. A reinspection fee necessitated by a conditional or unsatisfactory rating given at an initial inspection shall be in the amount of the original license fee, as established in Chapter
A263.
[Added 10-12-2017 by Ord. No.
17-17]
A. The application for the license required by §
121-4 shall describe the premises where the establishment for a cattery, kennel, pet shop, shelter or pound is located or is proposed to be located, and the purpose for which it is to be maintained, and shall be accompanied by the written approval of the Borough of Rockaway Health Department showing compliance with the local and state rules and regulations governing the location of and sanitation at such establishments.
B. An applicant must provide the following information to be eligible
for a license to operate a cattery, kennel, pet shop, shelter or pound:
(1)
Facility information, including, but not limited to, registered
owner, address, telephone number, name, location and purpose of establishment.
(2)
Source of water supply and method of sewage disposal.
(3)
Information regarding consulting veterinarian and disease control
program.
(4)
Diagram of the facility, both indoor and outdoor, including
well and septic locations, where applicable.
(5)
Proof of compliance with zoning requirements.
[Added 10-12-2017 by Ord. No.
17-17]
The annual license fee for a cattery, kennel and pet shop shall be in accordance with the fee schedule in Chapter
A263, Fees. No fee shall be charged for a shelter or pound.
Any person owning, keeping or harboring any
dog or cat or other animal shall not permit or suffer it to threaten
or commit any injury to a person.
Any person owning, keeping or harboring any
dog or cat or any other animal shall not permit or suffer it to do
any injury or damage to any poultry or other domestic animal.
[Amended 10-13-2005 by Ord. No. 17-05]
A. Any person owning, keeping or harboring any pet or
any other animal shall not permit or suffer it to do any injury to
any lawns, shrubbery, flowers, gardens or other property.
B. No person owning, harboring, keeping or in charge
of any pet or other animal shall cause, suffer or allow such pet or
other 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 said property. The restriction in this subsection
shall not apply to that portion of the street lying between the curblines,
which shall be used to curb such pet or other animal under the following
conditions:
(1) The person who so curbs such pet or other animal shall
immediately remove all feces deposited by such pet or other animal
by any sanitary method approved by the local health authority.
(2) The feces removed from the aforementioned designated
area shall be disposed of by the person owning, harboring, keeping
or in charge of any pet or other animal curbed in accordance with
the provisions of this chapter by 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.
It shall be unlawful for any dog to be on any
public beach or in the water adjacent to any public beach in the Borough.
[Amended 11-14-1991 by Ord. No. 22-91; 10-13-2005 by Ord. No. 17-05]
No person, whether on public or private property,
shall attract or feed wildlife, including but not limited to Canada
geese, in such a way that threatens the public safety or creates a
public nuisance. Nothing contained herein shall prohibit persons from
feeding by throwing or scattering small quantities of food directly
to birds or certain small wildlife, such as squirrels, or prohibit
persons from feeding certain wildlife and birds on their private property
by leaving food for such animals in a manner commonly or ordinarily
used for the feeding of these wildlife and birds, such as bird feeders
or other receptacles. Any person found to be in violation of this
section shall be ordered to cease the feeding immediately.
No person shall hinder, molest or interfere
with anyone authorized or empowered to perform any duty under this
chapter.
[Amended 10-12-2017 by Ord. No. 17-17]
No more than five dogs or seven cats of licensing age shall
be kept, maintained or harbored at one time, for any length of time,
in any residential housing unit or on its grounds or in any industrial
or business establishment or on its grounds. This restriction shall
not apply to properly licensed catteries, kennels, pet shops, pounds
and shelters.
[Amended 11-14-1991 by Ord. No. 22-91; 10-13-2005 by Ord. No.
17-05]
A. Any person owning, keeping or harboring any pet, other
animal or wildlife who shall be found guilty of violating any provision
of this chapter shall, for each offense, upon conviction thereof by
the Municipal Judge, be subject to a fine of not less than $100 nor
more than $2,000 and/or to imprisonment of a term not to exceed 90
days or to 90 days' community service, all in the discretion of the
Court.
[Amended 8-24-2006 by Ord. No. 15-06]
B. If upon complaint made by the Certified Animal Control
Officer or a member of the Police Department or any citizen of the
Borough against the owner or person keeping or harboring a pet, other
animal or wildlife and upon hearing before the Municipal Court, such
pet, other animal or wildlife shall be found to have caused damage
to property or to have committed or threatened injury to a person,
the Judge of the Municipal Court may order and direct the owner or
person keeping or harboring such pet, other animal or wildlife to
keep the pet, other animal or wildlife confined to his premises or
restrained upon a leash, if allowed outside his premises, for such
limited or unlimited period of time as the Judge of the Municipal
Court may prescribe. For failure to comply with such order, the owner
or person keeping or harboring such pet, other animal or wildlife
shall be subject to the general penalty provisions of this chapter.
[Added 10-13-2005 by Ord. No. 17-05]
The provisions of this chapter shall be enforced
by the Certified Animal Control Officer or a member of the Police
Department or the Rockaway Borough Health Department.