[Amended 6-22-2006 by Ord. No. 520]
As used in this article, the following terms shall have the meanings indicated:
ANIMAL A. 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.
B. 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."
C. 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.
ANIMAL CARE FACILITY 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]
ANIMAL CONTROL AUTHORITY Any person or agency designated or certified by the State of New Jersey to enforce the provisions of this article.
ANIMAL RESCUE ORGANIZATION 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]
CAT A member of the species of domestic
cat, Felis catus.
[Added 2-13-2019 by Ord. No. 659]
CAT RUNNING AT LARGE Any Class III cat that is on property upon which such cat is not expressly permitted.
CATTERY Any establishment whereon the business of boarding or breeding of cats for sale is maintained.
DOG A member of the species of domestic dog, Canis familiaris.
[Added 2-13-2019 by Ord. No. 659]
DOG RUNNING AT LARGE 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.
KENNEL Any establishment wherein or whereon the business of boarding or selling dogs or breeding dogs for sale is carried on, except a pet shop.
LICENSING AUTHORITY 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.
NEUTERED Rendered permanently incapable of reproduction as certified by a licensed veterinarian.
OFFER FOR SALE 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]
OWNER 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.
PET SHOP 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]
POUND An establishment for the confinement of dogs or other animals seized either under the provisions of this article or otherwise.
PUBLIC NUISANCE A Class III dog or cat that trespasses upon or damages either public or private or annoys or harms lawful users or occupants thereof.
SHELTER Any establishment where dogs or other animals are received, housed and distributed.
STRAY ANIMAL A Class III dog or cat having no known owner or custodian or no known place of care and shelter.
[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.
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.
[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.
Dog kennels and catteries may not be located in the Borough.
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
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.
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.
[Added 2-13-2019 by Ord. No. 659]
A. A pet shop may offer for sale only those dogs and cats that the pet shop has obtained from or displays in cooperation with:
(1) An animal care facility; or
(2) An animal rescue organization.
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.
[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.