[HISTORY: Adopted by the Mayor and Council of the Borough of Madison 5-23-2005 by Ord. No. 15-2005. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- Dog or cat, for the purpose of this chapter.
- ANIMAL CARE FACILITY
- Any facility operated by a nonprofit humane agency, municipal
agency, or any other authorized agent for the Borough for the purpose
of impounding or caring for animals held under the authority of this
chapter or state law.[Added 5-29-2019 by Ord. No. 20-2019]
- ANIMAL CONTROL OFFICER
- A certified municipal animal control officer or, in the absence of such an officer, the chief law enforcement officer of the Borough or his designee.
- ANIMAL OF LICENSING AGE
- Any dog or cat which has attained the age of seven months or which possesses a set of permanent teeth.
- ANIMAL RESCUE ORGANIZATION
- An individual or group of individuals who, with or without
salary or compensation, house and care for homeless animals in the
home of an individual or in other facilities, with the intent of placing
the animals in responsible, more permanent homes as soon as possible.[Added 5-29-2019 by Ord. No. 20-2019]
- ANIMAL RESCUE ORGANIZATION FACILITY
- The home or other facility in which an animal rescue organization
houses and cares for an animal.[Added 5-29-2019 by Ord. No. 20-2019]
- To seize with the teeth or jaws so as to enter, nip or grip the person or thing seized; also to cut, wound, pierce or impress deeply the person or thing seized.
- The Borough of Madison in the County of Morris.
- Any member of the domestic feline species, male, female, or neutered.
- Any dog, bitch or spayed bitch.
- The pet solid waste is removed, at once, without delay.
- KENNEL or KENNEL OPERATOR
- Any establishment or person who owns or operates such an
establishment wherein or whereon the business of boarding or selling
dogs or breeding dogs for sale is carried on, except a pet shop or
pet store.[Amended 5-29-2019 by Ord. No. 20-2019]
- To render permanently incapable of reproduction as certified by a licensed veterinarian.
- When applied to the proprietorship of an animal shall include every person having a right of property (or custody) in such animal and every person who has such animal in his/her keeping, or who harbors or maintains an animal or knowingly permits an animal to remain on or about any premises occupied by that person. A person shall be deemed to have an animal in his keeping or under his control whenever the ownership or custody of such animal is an unemancipated infant or other member of his/her household.
- OWNER'S PREMISES
- Includes the building or plot of land on which said building stands in which the owner of an animal has a place of abode or place of business in the Borough.
- An individual, firm, partnership, corporation, association of persons, or institution commonly recognized by law as a unit.
- A domesticated animal (other than a disability assistance animal) kept for amusement or companionship.
- PET SHOP or PET STORE
- 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.[Amended 5-29-2019 by Ord. No. 20-2019]
- PET SHOP OPERATOR or PET STORE OPERATOR
- A person who owns or operates a pet shop or pet store, or
both.[Added 5-29-2019 by Ord. No. 20-2019]
- PET SOLID WASTE
- Waste matter expelled from the bowels of the pet; excrement.
- An establishment for the confinement of animals seized either under the provisions of this chapter or otherwise.
- PROPER DISPOSAL
- 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 establishment where animals are received, housed, and distributed.
- VICIOUS ANIMAL
- Any animal which at any time, without provocation, has attacked or shall attack a human being or another domestic pet, either while upon or off the premises occupied by the person owning, keeping, harboring or having the custody or possession of the attacking animal. "Vicious animal" shall also mean and include any animal which has caused any human being engaged in a lawful activity or occupancy to be fearful for his own safety by chasing or snapping at such person without provocation.
The position of Animal Control Officer is hereby established under the jurisdiction of the Department of Health.
The Animal Control Officer shall be a certified municipal animal control officer or, in the absence of such an officer, the chief law enforcement officer of the Borough or his designee.
The Council of the Borough of Madison is hereby empowered to appoint an Animal Control Officer or may designate some other authority to enforce the provisions of this chapter.
The Council shall also have the power to enter into a contract with one (1) or more persons, either individual or corporate, to exercise the duties of the Animal Control Officer in enforcing the provisions of this chapter.
All police officers of the Borough of Madison, regular and special, and the Animal Control Officer are hereby given full power and authority and are charged with the duty to enforce this chapter.
The duties of the Animal Control Officer shall be the enforcement of the measures and provision for the control of the animal contained in Title 4, Chapter 19, Sections 15.1 through 15.29, of the Revised Statutes of the State of New Jersey and any amendments thereof and the provisions of this chapter.
No person shall keep or harbor or suffer the keeping or harboring within the limits of the Borough of Madison any dog or cat of licensing age without first obtaining a license therefor to be issued by the Health Department of the Borough, upon application by the owner or some person on behalf of the owner and payment of the prescribed fee, and no person shall keep or harbor any dog or cat in the Borough except in compliance with the provisions for the control of animals contained in Title 4, Chapter 19, Sections 15.1 through 15.29 of the Revised Statutes of New Jersey and any amendments thereof.
Any person who shall own, keep or harbor or suffer the keeping or harboring of any dog of licensing age within the Borough of Madison shall, in the month of January and annually thereafter, apply for and procure from the Health Department a license and official registration tag for each such dog so owned, kept or harbored and shall place upon each dog a collar or other device with the license number securely fastened thereto or displayed thereon.
Any person who shall own, keep or harbor or suffer the keeping or harboring of any cat of licensing age within the Borough of Madison shall, in the month of January and annually thereafter, apply for and procure from the Health Department a license and official registration tag for each such cat so owned, kept or harbored and shall place upon such cat a collar or other device with the license number securely fastened or displayed thereto. Acceptable methods of displaying license number shall include, but not be limited to, breakaway or elastic collars.
[Amended 8-22-2004 by Ord. No. 44-2005]
The person applying for a license and registration tag shall pay a fee for each dog or cat as provided for in § 59-15.
The person applying for a license and registration tag shall pay the fee fixed or authorized. The fee for renewal of a license and registration tag shall be the same as for the original, and said license, registration tag and renewal thereof shall expire on January 31 of the following year.
Only one license and registration tag shall be required in any licensing year for any dog or cat owned in Madison Borough, and such license and registration tag issued by any municipality in the State of New Jersey shall be accepted as evidence of compliance with this section.
Any dog or cat owner or person harboring a dog or cat found to have an unlicensed dog or cat by the Borough Animal Control Officer or any other municipal official on or after February 1 shall be required to pay an additional delinquent fee, as established by § 59-15, plus the required license fee as provided in this chapter for the animal license, together with any other fines due to summons issued that may be imposed on him as provided in this chapter for failure to obtain an animal license by January 31. The aforementioned fee shall not apply to animals which have been acquired by the owner after February 1, provided said license is obtained within 10 days after acquisition and sufficient proof is presented to establish the date the dog or cat is acquired.
[Amended 8-22-2004 by Ord. No. 44-2005]
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 animals hereinabove provided for, except that the owner or keeper of such dog shall not be required to pay any fee thereof.
The owner or keeper of any newly acquired animal of licensing age shall make application for such license and registration tag for such animal within 10 days after such acquisition or age attainment.
Any owner or keeper of a licensed dog or cat whose current licensed tag has been lost may obtain a replacement tag by applying to the Health Department immediately. A charge, as established in § 59-15, is made for replacement of this tag.
No person shall make use of or have in his possession or under his control a stolen, counterfeit or forged dog or cat license receipt, animal license registration tag or rabies vaccination certification or other forms issued in accordance with the provisions of this chapter.
Any person applying for a dog or cat license for a neutered dog or cat must present to the licensing agent a veterinarian's certification that said animal of reproductive age has had its reproductive capacity permanently altered through sterilization.
All dogs and 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 § 59-6D.
Any person applying for a dog or cat license and registration tag must provide evidence to the Health Department that said animal 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 for by § 59-6D. The rabies inoculation shall be administered by a duly licensed veterinarian or by such other veterinarian permitted by law to do the same. Such vaccine shall be repeated at intervals as provided by regulations of the New Jersey State Department of Health.
A certificate of vaccination shall be issued to the owner of each dog or cat vaccinated on a form recommended by the State of New Jersey.
Any dog or cat may be exempt from the requirement of such vaccination for a specified period of time by the Health Department upon presentation of a veterinarian's certificate stating that because of an infirmity or other physical condition or regimen of therapy, the inoculation of such animal shall be deemed inadvisable.
Any person appointed for the purpose by the Borough of Madison shall take into custody and impound or cause to be taken into custody and impounded, and thereafter destroy or dispose of as provided in this section:
Any dog off the premises of the owner or of the person keeping or harboring said dog which said official or his agent or agents has reason to believe is a stray dog;
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 its collar;
Any female dog in season off the premises of the owner or of the person keeping or harboring said dog;
Any dog or other animal which is suspected of being rabid;
Any dog or other animal off the premises of the owner reported to, or observed by, a certified Animal Control Officer to be ill, injured or creating a threat to public health, safety or welfare, or otherwise interfering with the enjoyment of property.
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 said animal is known, any person authorized by the Borough shall forthwith serve on the person whose address is given on the collar, or on the owner or person keeping or harboring said animal, if known, a notice in writing stating that the animal 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.
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.
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 detained for seven days after seizure when no notice has been given as above set forth, and if the person keeping or harboring said animal has not claimed said animal and paid all expenses incurred by reason of its detention, including maintenance, and if the animal is unlicensed at the time of seizure and the owner or person keeping or harboring said animal has not produced a license and registration tag for said animal, any person authorized by the Borough may cause the animal to be destroyed in a manner causing as little pain as possible and consistent with the provisions of Title 4, Chapter 22, Section 19, of the Revised Statutes of the State of New Jersey, and any amendments thereof.
Any officer or agent authorized or empowered to perform any duty under this chapter 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 the immediate pursuit of such animal or animals, except upon the premises of the owner of the animal if said owner is present and forbids the same.
Whenever a dog, cat or other animal is affected by rabies or suspected of being affected by rabies or has been bitten by an animal known or suspected to be affected by rabies, the owner or person in charge of the animal or any person having knowledge thereof shall forthwith notify the Health Department of the place where the animal is located.
Whenever a dog, cat or other animal bites a person, the owner or person in charge of the animal, the person bitten or parent or guardian or the physician having professional attendance upon any person bitten shall notify the Health Department of the name, age, sex, color, and precise location of the person so bitten pursuant to the Revised Statutes of the State of New Jersey, Title 26, Chapter 4, Sections 78 through 95.
Defiling or damaging property. No person shall suffer, permit or allow any animal to injure or damage or soil or defile any lawn or shrubbery or flowers or grounds, or any property, either public or private, of any person other than that of its owner. No person shall suffer, permit, or allow any dog to be upon any private or public property other than the premises of the owner without the consent of the owner or tenant of the private or public property or to permit the dog to run unleashed off the premises of the owner.
Requirements 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. Pet waste shall not be deposited into any catch basin or street drain, but must be properly disposed of in a sanitary manner.
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.
Chapter 307 of the Laws of the State of New Jersey 1989 (N.J.S.A. 4:19-17 through 4:19-35 et seq.) and the amendments and supplements thereto are hereby adopted, enacted and incorporated herein.
No person shall keep within the Borough any dog causing a nuisance and disturbing the peace and quiet of the neighborhood in which it shall be kept by chronically howling, barking and/or making and causing other sounds or noises.
Any person who keeps or operates or proposes to establish a kennel, a pet shop, a shelter or pound shall apply to the Health Department for a license entitling him to keep or operate such establishment and shall pay an annual fee as established in § 59-15. The application shall describe the premises where the establishment is located or is proposed to be located and the purpose for which it is to be maintained.
All licenses issued for a kennel, pet shop, shelter or pound shall expire on the last day of January of each year and shall be subject to revocation by the Borough for failure to comply with the rules and regulations governing kennels, pet shops, shelters and pounds pursuant to the New Jersey Administrative Code, Title 8, Chapter 23, Subchapter 3, and this chapter. 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.
No animal kept in kennel, pet shop, shelter or pound shall be permitted off the premises, except on a leash or in a crate or other method of safe control.
Any person who keeps or operates a kennel, a pet shop, a shelter or pound shall be subject to such inspection or inspections as may be required to comply with rules and regulations governing the sanitary operation of kennels, pet shops, shelters and pounds pursuant to the New Jersey Administrative Code, Title 8, Chapter 23A, Subchapter 1 and this chapter.
[Added 5-29-2019 by Ord. No. 20-2019]
No pet shop, pet shop operator, pet store, or pet store operator may sell, offer for sale, barter, auction, breed or otherwise dispose of dogs and cats in the Borough of Madison. Nothing in this section shall prohibit pet shops, pet shop operators, pet stores, or pet store operators from collaborating with animal care facilities, animal rescue organizations, pounds, or shelters to offer space for such entities to showcase adoptable dogs and cats.
Nothing contained herein shall prohibit an animal care facility, animal rescue organization, pound, or shelter from keeping, displaying, selling or otherwise transferring any dog, cat, or both, that has been seized, rescued, or donated.
The Health Officer or any person appointed for the purpose which person may include the Chief of Police, who annually causes a canvass to be made of all dogs and cats owned, kept or harbored within the limits of the Borough, and shall report biannually each year to the licensing official and to the Department of Health, and to the New Jersey State Department of Health the results thereof, setting forth in separate columns the names and addresses of persons owning, keeping or harboring unlicensed dogs or cats, the number of unlicensed dogs or cats owned, kept or harbored by each said persons, together with a complete description of each of said unlicensed animal.
The following fees shall be paid to the Borough of Madison for compliance with this chapter:
No person shall hinder, molest or interfere with anyone authorized or empowered to perform any duty under this chapter.
Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be punishable by a fine of not more than $500 or by imprisonment for a term not to exceed 90 days, or by both such fine and imprisonment, in the discretion of the Judge. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense, except:
Dogs running at large wherein the first offense shall be $50, the second offense shall be $75, and the third and subsequent offense shall be $100.
Fines for unlicensed dogs and/or cats shall be $15 per animal plus $15 court cost per animal, payable through the Violations Bureau.