[Ord. No. 90-26 Preamble]
A.
It is the purpose of this chapter to promote harmonious relationships
in the interaction between man and animal.
B.
It is the objective to protect the animals from improper use, abuse,
neglect, exploitation, inhumane treatment and health hazards.
C.
An objective of this chapter is to delineate the animal owner's or
harborer's responsibility for the acts and behavior of his animal
at all times.
D.
It is the objective of this chapter to provide security to residents
from annoyance, intimidation, injury and health hazards by animals
and to protect the public and animals from the spread of rabies.
E.
It is also the purpose of this chapter to encourage responsible pet
ownership, provide standards for any and all persons and agencies,
public or private, engaged in confinement, buying, selling, harboring
or dealing with animals in any manner whatsoever, and to provide for
a system of licensing of cats and dogs.
[Ord. No. 90-26 § 37.1; Ord. No. 05-36, § 1; Ord. No. 05-37 § 2; Ord. No. 11-10]
As used in this chapter:
The Rockaway Township Health Department under the direction
of the Health Officer who shall direct department personnel in the
enforcement of this ordinance.
Any member of the feline species regardless of age or sex.
Cat is a member of the animal species Felis Catus.
Any cat which has attained the age of seven months, or which
possesses a permanent set of teeth.
Any room or group of rooms, cage or exhibition pen, not part
of a kennel, wherein cats for sale are kept or displayed.
Any member of the animal species Canis Familiaris.
Any dog which has attained the age of seven months or which
possesses a set of permanent teeth.
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.
Any person who provides food and shelter for any domesticated
animal on other than a periodic or temporary basis.
That the pet solid waste is removed at once, without delay.
Any establishment wherein or whereon the business of boarding
or selling animals or breeding animals for sale is carried on, except
a pet shop.
The Township's Department of Community Services, which is
hereby charged with administering the issuance and/or revocation of
permits and licenses under the provisions of this chapter.
Rendered permanently incapable of reproduction as certified
by a licensed veterinarian.
For purposes of this chapter, all creatures other than a
dog or cat.
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.
A person who shall possess, maintain, keep, house or harbor
any pet, have a right of property in any animal, has an animal in
his care or custody, or who knowingly permits an animal to remain
on or about any premises occupied by him/her, whether or not the owner
of such pet.
Any individual, firm, corporation, partnership, association,
trust, estate, political subdivision of this state subject to municipal
jurisdiction, or other legal entity.
A domesticated animal (other than a disability assistance
animal) kept for amusement or companionship.
An establishment operated by a person which acquires animals,
birds, reptiles, and fish bred by others whether an owner, agent or
on consignment and sells, offers to sell, exchanges or offers adoption
with or without charge such animals, birds, reptiles and fish as domestic
pets to the general public at wholesale or retail.
Waste matter expelled from the bowels of the pet; excrement.
Any dog or dog hybrid declared potentially dangerous by the Panel pursuant to Section F of an Act supplementing Chapter 19 of Title 4 of the New Jersey Statutes Annotated, referred to as the "Vicious Dog Law."
The 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.
Any dog or dog hybrid declared vicious by the panel pursuant to Section 6 of an Act supplementing Chapter 19 of Title 4 of the New Jersey Statutes Annotated, referred to as the "Vicious Dog Law."
All animals that are neither human nor domesticated.
[Ord. No. 90-26 § 37.2]
It shall be unlawful for any person harboring, owning, or possessing
any dog to permit the same to run at large.
For the purpose of this subsection, "running at large" shall
be defined to be the presence of a dog at any place except upon the
premises of the owner. A dog shall not be considered to be running
at large if it is on a leash and under the control of a person physically
able to control it. No dog shall be permitted in or on any public
park, beaches or areas open to the public in the Township.
[Ord. No. 90-26 § 37.3]
Any animal running at large, threatening public health and safety, shall be apprehended and impounded by any Police Officer or Animal Control Officer of the Township at the expense of the owner in accordance with the fees established in Subsection 9-2.3 entitled "Procedures After Impounding."
[Ord. No. 90-26 § 37.4]
A.
After the impounding of any animal, the Animal Control Officer shall
proceed in accordance with the procedures outlined in N.J.S.A. 4:19-15.16
concerning the impounding or taking of dogs or animals into custody.
In addition to any and all fees or costs as authorized and provided
for by the provisions of N.J.S.A. 4:19-15.16, the Animal Control Officer
shall be authorized to charge the sum of $25 as an initial fee for
the impounding of any animal together with a charge of $4 per day
during the time the animal was boarded by the Township. The $4 per
day boarding fee shall be automatically increased to the maximum permissible
level as established by appropriate Statute.
B.
The owner of any animal euthanized by the Township shall be responsible
for all costs associated with euthanasia and disposal.
[Ord. No. 90-26 § 37.5]
It shall be unlawful for any person knowingly to keep any dog
which habitually barks, howls, yelps, or any cat which habitually
cries or howls to the great discomfort of the peace and quiet of the
neighborhood, or in such a manner as to materially disturb or annoy
persons in the neighborhood who are of ordinary sensibilities. Such
dogs and cats are hereby declared to be a public nuisance.
[Ord. No. 90-26 § 37.6]
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.
[Ord. No. 90-26 § 37.7]
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.
[Ord. No. 90-26 § 37.8; Ord. No. 05-36 § 2]
A.
Any person owning, keeping or harboring any dog, cat or any other
animal shall not permit or suffer it to do any injury to any lawns,
shrubbery, flowers, gardens or other property.
B.
Removal of feces. 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.
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.
[Ord. No. 05-37 § 3; Ord. No. O-20-24]
This section shall prohibit the feeding of unconfined wildlife
in any public park or on any other property owned or operated by the
Township of Rockaway or on private property so as to protect public
health, safety and welfare and to prescribe penalties for failure
to comply.
A.
Prohibited conduct. No person shall purposely or knowingly feed or
give any edible material to unconfined wildlife in any public park
or on any other property owned or operated by the Township of Rockaway,
or on private property within the Township; and, no person shall place,
expose, deposit, distribute, or scatter any edible material with the
intention of feeding, attracting, or enticing wildlife in any public
park or on any other property owned or operated by the Township of
Rockaway, or on private property within the Township.
B.
Exceptions. The following are not prohibited by this section:
(1)
Humane acts exhibited towards wild animals in individual cases, such
as the temporary nurturing of a wounded animal which may be harbored
and temporarily confined on one's own premises.
(2)
Baiting in the context of legal taking of fish and/or game.
(3)
The feeding of confined wildlife (for example, wildlife confined
in zoos, parks, or rehabilitation centers, or unconfined wildlife
at environmental education centers).
(4)
Maintaining of bird feeders by the owners, occupiers, or lessees
of private property within the Township.
(5)
Maintaining of gardens, vineyards and the like on private property
within the Township.
C.
Enforcement. This section shall be enforced by the Police Department
and the Health Department of the Township. Whenever the enforcing
officer determines that there is or has been a violation of this section,
the enforcing officer shall issue a written warning advising that
a violation has occurred and that future violations will result in
the issuance of a summons. If a person commits a subsequent or continuing
violation after the issuance of a written warning, then a summons
shall be issued against the person so notified.
[Ord. No. 90-26 § 37.9; Ord. No. 94-20; Ord. No.
05-37 § 1]
A.
Any person owning, keeping or harboring any dog who shall be found guilty of violating any provision of subsections 9-2.1 through 9-2.7A shall, for each offense, upon conviction thereof by the Municipal Judge, be subject to a fine not to exceed $500 or imprisonment for a term not to exceed 90 days, or both, in the discretion of the Court.
[Ord. No. 90-26 § 37.10; Ord. No. 98-23 § 1; Ord. No. O-15-17, § 1]
The following regulations are hereby established pursuant to
Chapter 151 of the Laws of 1941 of the State of New Jersey and amendments
and supplements thereto:
A.
Any person who shall own, keep or harbor a dog of licensing age,
shall annually, in the month of January apply for and procure from
the Health Officer of the Township, or such other licensing official
as may be designated by the Council, a license and official metal
registration tag for each dog so owned, kept or harbored, and shall
place upon each dog a collar or harness with the registration tag
securely fastened thereto.
B.
A license shall be issued after payment of a fee of $10 for each
altered dog for the first year and every year thereafter. A surcharge
of $3 will be imposed on any license for which proof of altering cannot
be provided. In addition, three-year licenses shall be available at
a fee of $25 for each altered dog and $35 for any dog for which proof
of altering cannot be provided.
C.
The owner of any newly acquired dog of licensing age or of any dog
which attains the licensing age, as in the Act provided, shall make
application for a license and registration tag for the dog within
10 days after the acquisition or age attainment. The application shall
contain the information as required by Statute.
D.
Any person who shall own, keep or harbor a "potentially dangerous dog" as previously defined in Subsection 9-1.2, shall, in addition to all applicable requirements of the "Vicious Dog Law," pay an annual fee of $700. The potentially dangerous dog license shall expire on the last day of January of each year.
[Ord. No. 90-26 § 37.10; Ord. No. 11-10]
A.
Any person who keeps or operates or proposes to establish a kennel,
pet shop, shelter or pound shall apply to the Township Community Services
Department for a license entitling him to keep or operate the establishment.
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 Township showing compliance
with local and State rules and regulations.
B.
All licenses issued for a kennel, pet shop or shelter shall state
the purpose for which the establishment is maintained, and all such
licenses shall expire annually on the last day of January and be subject
to revocation by the Township on recommendation of the State Department
of Health or Health Officer of the Township for failure to comply
with the rules and regulations of the State Department or the Department
of Community Services of the Township, after the owner has been afforded
a hearing by either the State Department or local department.
C.
The annual license for a kennel providing accommodation for 10 or
less dogs shall be $50, and for more than 10 dogs, $100. The annual
license fee for a pet shop shall be $125. No fee shall be charged
for a shelter or pound.
[Ord. No. O-15-17 § 2]
A.
The Health Officer of the Township, at his discretion, may conduct
a canvass to be made of all dogs owned, kept or harbored within the
limited area of the Township.
[Ord. No. 90-26 § 37.11]
A.
Vaccination and license requirements. No person shall own, keep,
harbor or maintain any cat over seven months of age within the Township
unless the cat is vaccinated and licensed. The provisions of this
section shall also apply to cats held in a cattery, pound, kennel
or pet shop.
B.
Vaccination. All cats shall be vaccinated against rabies by a licensed
veterinarian in accordance with the latest "Compendium of Animal Rabies
Vaccines and Recommendations for Immunization" published by the National
Association of State Public Health Veterinarians, except as provided
for in paragraph D below.
C.
Vaccination certificate. A Certificate of Vaccination shall be obtained
by the cat owner for each cat vaccinated and provided to the licensing
authority as proof of rabies vaccination.
D.
Exemptions. Any cat may be exempted from the requirements of such
vaccination for a specified period of time by the Township Health
Department upon presentation of a veterinarian's certificate stating
that because of an infirmity or other physical conditions, or regimen
of therapy, the inoculation of the cat shall be deemed inadvisable.
[Ord. No. 90-26 § 37.11; Ord. No. O-15-17, § 3]
A.
Display of license number required. Any person who shall own, keep
or harbor a cat of licensing age shall annually during the month of
January apply for and procure from the Health Officer of the Township,
or other such licensing official as may be designated by the Council,
a license and official registration tag with license number, or registration
sleeve for each cat so owned, kept or harbored, and shall place upon
such cat a collar, or other device with a license number securely
fastened or displayed thereto, except for the three-year licenses,
which shall be renewed every three years. Acceptable methods of displaying
the license number shall include, but are not limited to, break-away
or elastic collars. License tags or sleeves are not transferable.
B.
Time for applying for license. The owner of any newly acquired cat
of licensing age, or of any cat which attains licensing age, shall
make application for license tag or sleeve for the cat within 10 days
after the acquisition or age attainment. This requirement shall not
apply to a nonresident keeping a cat within the Township for no longer
than 90 days.
C.
Cats brought into the Township. Any person who shall bring, or cause
to be brought into the Township, any cat licensed in another state
for the current year, and bearing a registration tag or sleeve 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 or sleeve for each cat.
Any person who shall bring or cause to be brought into the Township
any unlicensed cat, 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 or sleeve for
each cat.
D.
Application; contents; preservation of information. The application
shall state the breed, sex, age, color and markings of the cat for
which license and registration are sought, information as to whether
it is spayed/neutered, and whether it is of a long or short haired
variety; also the name, street and post office address and telephone
number of the owner, and the person who shall keep or harbor the cat.
The information on the application and the registration number issued
for the cat shall be preserved for a period of three years by the
Health Officer or other local official designated to license cats
in the Township.
E.
License forms and tags. License forms and official tags or sleeves
shall be furnished by the Township and shall be numbered serially,
and shall bear the year of issuance and the name of the Township.
F.
Evidence of inoculation with rabies vaccine; certification of exemption. No Health Officer or other official designated by the Council to license cats therein shall grant any license and official registration tag or sleeve for any cat unless the owner thereof provides evidence that the cat 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 Human Services, or has been certified exempt as provided in Subsection 9-4.1D. The rabies inoculation shall be administered by a duly licensed veterinarian or by such other veterinarian permitted by law to do the same.
G.
Proof of licensing. Proof of licensing shall be produced by any person
owning, keeping, maintaining, or harboring a cat upon request of any
Health Officer or other authorized person.
[Ord. No. 90-26 § 37.11; Ord. No. 98-23 § 2; Ord. No. O-15-17, § 4]
A.
License fee schedule. A license shall be issued after payment of
a fee of $10 for each altered cat for the first year and every year
thereafter. A surcharge of $3 will be imposed on any license for which
proof of altering cannot be provided. In addition, three-year licenses
shall be available at a fee of $25 for each altered cat and $35 for
any cat for which proof of altering cannot be provided. A late charge
of $5 shall be assessed for the issuance of a license for each month
or portion of a month after the last date of the month when the licenses
are due.
B.
Fees for renewals; expiration date of license. The person applying for the license and registration tag and/or sleeve shall pay the fee fixed or authorized. The fee for the renewal of license and registration tag or sleeve shall be the same as for the original said license, registration tag or sleeve as set forth in Subsection 9-4.3A, and renewal thereof shall expire on the last day of January in each year when the license renewal is due.
C.
Cat licensed outside Township. Only one license and registration
tag or sleeve shall be required in the licensing year for any cat
in the Township. Any valid New Jersey license tag or sleeve issued
by a New Jersey municipality shall be accepted by the Township as
evidence of compliance. Any owner of any such cat will be required
to pay only a $1 registration tag fee and will be given a current
year registration tag.
D.
Loss of license. If a license tag or sleeve has been misplaced or
lost, the Health Officer, or other official designated by the Council,
may issue a duplicate license and/or registration sleeve for that
particular cat at no additional cost.
E.
Disposition of fees. License fees and other monies collected or received
under the provisions of this section, as they pertain to cat licensing,
shall be forwarded to the Treasurer of the Township and shall be managed
in accordance with appropriate State regulations.
[Ord. No. 90-26 § 37.11]
No person shall hinder, molest or interfere with anyone authorized
or empowered to perform any duty under this chapter.
[Ord. No. 90-26 § 37.11; Ord. No. O-15-17, § 5]
The Health Officer of the Township, at his discretion, may conduct
a canvass to be made of all cats owned, kept or harbored within the
limited area of the Township.
[Ord. No. 90-26 § 37.12]
It shall be unlawful for any person to willfully or maliciously
torment, beat, kick, strike, mutilate, injure, disable or kill any
dog used by the Police Department of the Township in the performance
of the functions or duties of the Department or to interfere with
any dog while being used by the Department or any member thereof in
the performance of any of the functions or duties of the Department
or any officer or member of the Department.
