[Adopted 6-27-2002 by Ord. No. 478]
[Amended 6-22-2006 by Ord. No. 520]
As used in this article, the following terms
shall have the meanings indicated:
CLASS I: An animal of Class I includes any wild
mammal, reptile or fowl which is not naturally tame or gentle, but
is of a wild nature or disposition and which because of its size,
vicious nature or other characteristics would not constitute an animal
that should be permitted in a residential community. An example of
these type animals shall include, but not be limited to, the following:
poisonous animals, constrictor snakes, apes, chimpanzees, monkeys,
gorillas, orangutans, baboons, bears, bison, gibbons, crocodiles,
alligators, wolves, coyotes, hyenas, deer, elephants, giraffes, game
cocks and other fighting birds, jaguars, leopards, lions, lynx, tigers,
cheetahs, rhinoceroses, hippopotamuses, sharks, raccoons, opossums,
muskrats, ferrets, lizards and other similar type animals.
CLASS II: An animal of Class II is any animal
that is typically found in a farm setting. They include but are not
limited to horses or any other animal belonging to the equine family,
a cow, sheep, pig, goat or any other animal commonly referred to as
"livestock." Fowl such as any feathered vertebrate animal including,
but not limited to, chickens, turkeys, ducks, hens, cocks, pheasants,
pigeons or any other animal commonly referred to as "barnyard fowl."
CLASS III: An animal of Class III is a domesticated
animal which would include, but not necessarily be limited to, a domesticated
dog of the canine family six months of age or older, but not those
members of the canine family living in a wild state; a domesticated
cat of the feline family six months of age or older, but not those
members of the feline family usually living in a wild state; a bird
which is housed within a living or dwelling unit such as a canary,
parrot or other similar type bird considered to be domesticated for
keeping as a pet, guinea pigs, rabbits, fish and other pet store animals
not otherwise prohibited.
An animal control center or animal shelter, maintained by
or under contract with any state, county, or municipality, whose mission
and practice is, in whole or significant part, the rescue and placement
of animals in permanent homes or rescue organizations.
[Added 2-13-2019 by Ord. No. 659]
Any person or agency designated or certified by the State
of New Jersey to enforce the provisions of this article.
Any not-for-profit organization which has tax-exempt status
under Section 501(c)(3) of the United States Internal Revenue Code,
whose mission and practice is, in whole or in significant part, the
rescue and placement of animals in permanent homes.
[Added 2-13-2019 by Ord. No. 659]
A member of the species of domestic cat, Felis catus.
[Added 2-13-2019 by Ord. No. 659]
Any Class III cat that is on property upon which such cat
is not expressly permitted.
Any establishment whereon the business of boarding or breeding
of cats for sale is maintained.
A member of the species of domestic dog, Canis familiaris.
[Added 2-13-2019 by Ord. No. 659]
Any Class III dog not led by a chain, cord, or other leash
in the hands of a person capable of leading and controlling such dog
when off their premises.
Any establishment wherein or whereon the business of boarding
or selling dogs or breeding dogs for sale is carried on, except a
pet shop.
The agency or department of the Borough of Medford Lakes
or any designated representative thereof authorized to administer
the issuance and/or revocation of licenses under this article.
Rendered permanently incapable of reproduction as certified
by a licensed veterinarian.
To sell, offer for sale or adoption, advertise for the sale
of, barter, auction, give away or otherwise dispose of a dog or cat.
[Added 2-13-2019 by Ord. No. 659]
Person or persons, partnership, or corporation who owns,
controls, cares for, or maintains directly or indirectly a Class III
animal or property where someone is harboring, keeping, owning or
having any right of property to an animal within the Borough of Medford
Lakes.
A retail establishment where dogs and cats are sold, exchanged,
bartered or offered for sale as pet animals to the general public
at retail. Such definition shall not include an animal care facility
or animal rescue organization, as defined.
[Amended 2-13-2019 by Ord. No.
659]
An establishment for the confinement of dogs or other animals
seized either under the provisions of this article or otherwise.
A Class III dog or cat that trespasses upon or damages either
public or private or annoys or harms lawful users or occupants thereof.
Any establishment where dogs or other animals are received,
housed and distributed.
A Class III dog or cat having no known owner or custodian
or no known place of care and shelter.
As set forth in N.J.S.A. 4:19-18.
[Amended 1-23-2019 by Ord. No. 658]
The keeping or housing of Class II animals within
the Borough of Medford Lakes is prohibited, except for the keeping
of such animals in a pet shop or store. The keeping of Class I animals
is prohibited by N.J.S.A. 23:4-50 and 23:4-63.3, and this article
is not intended to, and shall not be read to, conflict with those
state statutes.
A.
It shall be unlawful for any person to own, as defined,
a Class III dog or cat in the Borough of Medford Lakes without having
obtained a license for it in compliance with provisions set forth
in this article.
B.
A license shall be required for any Class III dog
or cat which has attained the age of six months or which possesses
a set of permanent teeth.
An official shall be designated by the Borough
Council as the Animal Licensing Official for the purpose of issuing
licenses and maintaining records of registration of Class III dogs
and cats and any other animal that may require licensing in the future
within the Borough.
A.
Any person who owns a Class III dog or cat that has
reached licensing age shall annually, in the month of January, obtain
a license and an official registration tag for each Class III dog
or cat.
B.
The owner of a newly acquired Class III dog or cat
of licensing age or of any Class III dog or cat which attains licensing
age shall make application for the license and registration tag for
such Class III dog or cat within 10 days after such acquisition or
age attainment.
C.
Any person who brings or causes to be brought into
the Borough any Class III dog or cat licensed in another jurisdiction
for the current year and being of registration age for such Class
III dog or cat who shall keep the same or permit the Class III dog
or cat to be kept within the Borough for a period of more than 60
days shall immediately, upon the conclusion of said sixty-day period,
apply for a license and registration tag for such Class III dog or
cat.
D.
Any person bringing or causing to be brought into
the Borough any unlicensed Class III dog or cat of licensing age and
who shall permit the Class III dog or cat to remain in the Borough
for a period of more than 30 days shall immediately apply for a license
and registration tag for such Class III dog or cat upon conclusion
of said thirty-day period.
[Amended 6-22-2006 by Ord. No. 520]
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," 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.
The application shall state the breed, sex,
age, color, name and markings of the Class III dog or cat for which
license and registration are sought and whether it is a long- or short-haired
variety and also the name, street, post office address of the owner
and the person who shall be harboring such Class III dog or cat. Proof
of a rabies vaccination current through the 10th month of the licensing
year is required before a license can be issued.
[Amended 6-22-2006 by Ord. No. 520]
The fee for issuance of a Class III dog or cat
license and each renewal thereof shall be set by resolution of the
Borough as authorized by ordinance. Application made after January
31 will be subject to a late penalty fee.
A.
The Animal Licensing Official shall, upon issuing
the license as herein provided, at the same time issue to the applicant
an identification tag.
B.
Said identification tag shall have printed or stamped
"Licensed Borough of Medford Lakes," the current year and a distinctive
different number for each Class III dog or cat. A record of each such
number and the accompanying license shall be maintained by the Animal
Licensing Official, particularly for identifying lost, strayed or
impounded animals.
C.
Upon satisfactory proof to the Animal Licensing Official
that a license tag has been lost, worn or damaged beyond further use
or cannot be found, the Animal Licensing Official shall issue to the
same applicant, upon payment of a fee as provided for in this article,
a new tag, but of a new and different number, and notation of the
transaction shall also be made on the office file for the number originally
issued.
Dog kennels and catteries may not be located
in the Borough.
A.
The Borough shall have the power to appoint an Animal
Control Officer, whose duties it shall be to enforce the provisions
of this article.
B.
The Borough Council shall have the power to contract
with an Animal Control Officer who shall impound animals running at
large in violation of law.
C.
Nothing contained in this section shall be construed
as limiting the authority of the appropriately designated representatives
of the Borough to enforce the provisions of this article when, in
the interest of health and safety, they deem it necessary. Nothing
contained herein limits any person from signing a complaint pursuant
to this article.
The police, the appointed Animal Licensing Official
or such person designated by the Borough shall cause a canvass to
be made of all Class III dogs and cats owned, kept or harbored within
the limits of the Borough and shall, on or before September 1 of each
year, make reports to the Borough Clerk, and the State Department
of Health of the result thereof, setting forth the information as
required by the State of New Jersey.
The police, the Animal Control Officer, or any
other person authorized or employed by the Borough for that purpose
shall take into custody and impound or cause to be taken into custody
and impounded the following:
A.
Any licensed Class III dog or cat repeatedly off the
premises of the owner or of the person(s) keeping or harboring any
Class III dog or cat which said official(s) or agent(s) thereof has
reason to believe is a stray.
B.
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.
C.
Any dog or cat repeatedly running at large.
A fee, as authorized by this article is hereby
established for the impoundment of a Class III dog or cat which shall
be paid to the appropriate authority by the owner upon redemption
of said Class III dog or cat. Owner is also responsible for any other
costs incurred by the Borough for the impoundment of a Class III dog
or cat
A.
If any Class III dog or cat seized, as provided in
this article, wears a collar or harness having inscribed thereto the
name and address of any person or a registration tag or if the owner
or the person keeping or harboring said dog or cat is otherwise known,
the police or Animal Control Officer shall forthwith serve or cause
to be served on the person whose address is given on the collar or
on the person keeping or harboring said Class III dog or cat, if known,
a notice, in writing, stating that the Class III dog or cat has been
seized and will be liable to be disposed of or destroyed if not claimed
within seven days after the service of the notice.
B.
The notice referred to in this section may be served
either by delivering it to the person on whom it is to be served,
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.
C.
When any Class III dog or cat seized in accordance
with this article, has been detained for seven days after notice when
notice can be given as set forth above or has been detained for seven
days after seizure when notice has not been and cannot be given as
set forth above, and if the owner or person keeping or harboring said
Class III dog or cat has not claimed said Class III dog or cat and
paid all expenses incurred by reason of its detention, including maintenance,
not exceeding the daily rate charged by the Animal Control Officer
or other authorized person by the Borough in accordance with the terms
of the contract and resolution relating to the keeping and holding
of dogs or cats entered into by the Borough for the year within which
said Class III dog or cat is impounded, and if the Class III dog or
cat is unlicensed at the time of the seizure and the owner or person
keeping or harboring said Class III dog or cat has not produced a
license and registration tag for said Class III dog or cat, the Police
or any person authorized by the Borough may cause the Class III dog
or cat to be destroyed in a manner recommended by the American Veterinarian
Medical Association.
Any person or agent authorized to or empowered
to perform any duty under this article is hereby authorized to enter
upon any grounds excluding the residential dwelling to seize for impounding
any dog(s) or cat(s) which may be lawfully seized and impounded when
in the immediate pursuit of such dog(s) or cat(s), except upon the
grounds of the owner of a Class III dog or cat if said owner is present
and forbids the same.
No person shall hinder, interfere or deter anyone
authorized or empowered to perform any duty under this article.
A.
No person shall keep or harbor any Class III dog or
cat in the Borough except in compliance with the provisions of this
article.
B.
No more than a total of seven Class III dogs or cats
of licensing age or any combination thereof 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 business establishment or
on its grounds excluding pet shops. No more than 10 Class III animals
other than dogs or cats, in any combination, 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 business establishment or
on its grounds excluding pet shops. Aquarium and pond fish are exempted
from the provisions of this section.
A.
No person owning or having the care, custody or control
of any Class III dog or cat shall suffer or permit such Class III
dog or cat to soil or defile or to commit any nuisance upon any sidewalk,
street or thoroughfare or in or upon any public park, playground or
other public place or the private property of persons other than the
owner or person having the care, custody or control of such Class
III dog or cat. Any person having care, custody or control over a
Class III dog or cat that permitted the occurrence of any of the above
must immediately remove and dispose in a sanitary manner any materials
that soiled or defiled public or private property.
B.
No person owning or having the care, custody or control
of any Class III dog or cat shall suffer or permit such Class III
dog or cat to:
(1)
Soil or defile or do any injury or damage to any lawn,
vegetable garden, shrubbery, trees, flowers, driveway, ground or any
property of persons other than that of the owner of person having
the care, custody of such Class III dog or cat.
(2)
Cause any injury to any person.
(3)
Cause frequent or long continued noise, which materially
disturbs or is reasonably likely to materially disturb the quiet or
repose of any person in the vicinity to an unreasonable extent considering
the circumstances.
(4)
Be or become a public nuisance or to create a condition
reasonably likely to materially disturb the comfort, repose, health,
peace or safety of others.
C.
No persons in the Borough shall be permitted to feed
waterfowl, or stray dogs and cats, or create a condition or allow
any condition to exist where the congregation of such animals is reasonably
likely to materially disturb the comfort, repose, health, peace and
safety of others.
No person owning, keeping, harboring or having
care, custody or control of any Class III dog or cat shall suffer
or permit it to run at large.
A.
No person shall be cruel or inhumane to any animal
found in the Borough. Beating, torturing, mutilating, killing (except
as permitted and regulated by the New Jersey Department of Environmental
Protection, Division of Fish and Wildlife), or other cruelty toward
any animal is prohibited.
[Amended 1-23-2019 by Ord. No.
658]
B.
Failing to provide food, drink or adequate and sanitary
shelter for any Class III animal or abandoning any Class III animal
of which a person has charge of, either as owner or otherwise, is
prohibited.
C.
No person owning, keeping, harboring or having the
care, custody or control of any Class III animal shall abandon such
a maimed, sick, infirm or disabled animal or creature to die.
D.
Nothing in this section is intended, and it shall not be read, to
conflict with the state statutes or regulations; rather, this section
is intended to supplement the state statutes. For example, N.J.S.A.
4:22-17 prohibits a wide variety of animal cruelty. Where possible,
conduct should be penalized under the appropriate state statute or
regulation.
[Added 1-23-2019 by Ord. No. 658]
A.
Any cat which has attacked or bitten a human being
or which repeatedly attacks other cats or domestic animals is hereby
presumed to be a vicious cat for the purpose of this section until
a further determination of the facts is made, as hereinafter provided.
B.
It shall be the duty of the Police Department, the
appointed Animal Control Officer or any person authorized by the governing
body of the Borough to receive and investigate complaints against
cats, and when any cat complained against shall be deemed by the proper
authorities to be a vicious cat, as herein defined, said officer shall
file a complaint in the Municipal Court of the Borough, which court
shall thereupon cause the owner or person harboring such cat to be
notified, in writing, of the complaint and to appear before said Municipal
Court Judge at a stated time and place. Pending the disposition of
said complaints, the police or such other authorized persons may order
the cat to be muzzled or leashed while being walked and to be confined
at all other times.
C.
The Municipal Court Judge, at the time set for such
hearing, shall inquire into the facts and give all interested persons
an opportunity to be heard under oath and to be represented by counsel,
and the Municipal Court Judge shall decide in accordance with such
evidence before him. If the Municipal Court Judge shall decide that
such cat complained of is a vicious cat, as defined by this section,
notice of such decision shall be given to the owner or person harboring
such cat.
D.
No cat which has been so determined to be a vicious
cat shall be permitted to run at large or to be upon any street or
public place in the Borough except while securely muzzled and under
leash, and the owner or person harboring any such vicious cat, who
shall suffer or permit such cat to be upon any street, public place
or private property in the Borough, other than the property of the
owner or person harboring such cat, while not securely muzzled and
under leash, shall be guilty of a violation of this article.
A.
The State of New Jersey has enacted an act concerning
certain dogs, supplementing Chapter 19 of Title 4 of the Revised Statutes
entitled "Laws of 1989," Chapter 307, approved on January 12, 1990,
known as N.J.S.A. 4:19-36. Said law sets forth that said act supersedes
any local ordinance, and said act shall be enforced within the Borough
of Medford Lakes as set forth therein.
A.
No person shall own, harbor or keep any Class III
dog or cat within the Borough which is not currently inoculated against
rabies; provided, however, that Class III dogs or cats which have
not attained the age of six months shall not be required to be inoculated
and further provided that any Class III dog or cat may be exempt from
the requirements of such inoculation, for a specified period of time,
by the appropriate authority upon the presentation of a certificate
from a veterinarian stating that because of identity or other physical
condition, the inoculation of such Class III dog or cat for said specified
period of time shall be deemed inadvisable by said veterinarian.
B.
Inoculations shall be made by a duly licensed veterinarian
of the State of New Jersey, or such other permitted by law to make
the same and approved by the Borough.
C.
Whenever a Class III dog or cat or any other animal
is infected with rabies or is suspected of being infected with rabies,
or has been bitten by animal infected with rabies or suspected of
being infected with rabies the person owning or having the care, custody
or control of any such animal or any person having knowledge of suspicion
of such infection shall notify the Borough police or other proper
authority at the given time, immediately. Any such report shall be
reduced to writing at the request of the Borough of Medford Lakes.
D.
If a Class III dog or cat or any other animal is known
or believed to have rabies, or has been bitten by a Class III dog
or cat or any other animal known or suspected of having rabies, the
owner of such Class III dog or cat shall be notified in writing to
have the Class III dog or cat confined for a period of not less than
six months, or such lesser period specified by the State Department
of Health, and placed under the observation of a veterinarian, at
the expense of the owner, for such period.
E.
Any animal confined by the Borough shall not be released
until a certificate of release has been issued.
F.
Whenever it becomes necessary to safeguard the public
from the danger of rabies, the appropriate Borough authority shall
issue a proclamation ordering every person owning or keeping a Class
III dog or cat or any other animal to confine it securely on his premises
unless such Class III dog or cat shall have a muzzle and leash of
sufficient strength to prevent the biting of any person.
G.
Any such Class III dog or cat running at large during
the time of the proclamation shall be seized and impounded unless
noticeably infected with rabies. If such animal, after impoundment,
is noticeably infected with rabies, the animal shall be killed by
the Animal Control Officer, or other authorized person, after a written
diagnosis of infection by a veterinarian of the State of New Jersey
or other authorized person.
H.
All Class III dogs or cats or other animals so noticeably
infected with rabies and displaying vicious propensities shall be
killed by the Animal Control Officer or police, or any other authorized
person.
I.
The Animal Control Officer or police, or any other
authorized person, shall promptly notify, in writing, the Borough
and the owner, if known, of the killing and the reason for the killing
of any Class III dog or cat or any other animal in accordance with
the provisions of this section.
[Added 2-13-2019 by Ord. No. 659]
B.
A pet shop shall not offer for sale a dog or cat that is younger
than eight weeks old.
C.
Recordkeeping and disclosure. A pet shop shall maintain records stating
the name and address of the animal care facility or animal rescue
organization that each cat or dog was obtained from for at least two
years following the date of acquisition. Such records shall be made
available, immediately upon request, to law enforcement and submitted
annually, and no later than May 1 of each year, before the last day
of January of each year, along with the respective annual license
application, to the Borough Clerk. Each pet shop shall display on
each cage a label stating the name and address of the animal care
facility or animal rescue organization of each animal kept in the
cage.
A.
The owner of any Class III dog or cat or any other
animal that shall have bitten, scratched or caused injury to any person,
or shall have otherwise violated the provisions of this section shall
be issued a complaint in violation under this section, and it shall
be deemed a separate violation for each animal and each incident and
shall not be considered as the same offense for any other section
herein.
B.
Upon the evidence presented and after an examination
by a licensed veterinarian, if the Municipal Court Judge or other
Judge authorized by law shall deem it necessary for the safety of
the public, he may order the Class III dog or cat or other animal
destroyed or muzzled and/or confined, and he may impose a penalty
as set forth in this article. However, upon a conviction of a third
offense, the Class III dog or cat or other animal must be destroyed.
[Amended 4-23-2014 by Ord. No. 615]
Any person, firm, corporation, association or legal party whatsoever who or which shall violate, or authorize or procure a violation, or cause to be violated, any provision of this chapter shall, upon conviction thereof, be punishable as provided under the general penalty provisions found at § 1-15 of this Code. This, however, shall not apply against any municipal employee or officer that authorizes action by permit or otherwise in the ordinary course of their duties.
