[HISTORY: Adopted by the Merchantville Borough Council 5-11-2015 as Ord. No. 2015-04.[1] Amendments noted where applicable. ]
[1]
Prior ordinance history: Ordinances of 10-23-1922; 9-25-1939,
10-14-1952, 5-27-1997, Ord. No. 2013-17.
As used in this chapter, the following terms shall have the
meanings as indicated:
Any live vertebrate creature including mammals, birds, reptiles,
amphibians and fish, but not humans.
A person 18 years of age or older who has satisfactorily
completed the course of study approved by the Commissioner of Health
and Senior Services of the State of New Jersey and the Police Training
Commission as prescribed by paragraphs (1) through (3) of Subsection
a of Section 3 of N.J. P.L. 1983, c. 525 (N.J.S.A. 4:19-15.16a); or
who has been employed in the State of New Jersey in the capacity of,
and with similar responsibilities to those required of, a certified
animal control officer pursuant to the provisions of N.J. P.L. 1983,
c. 525 for a period of three years before January 17, 1987.
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.
The home or other facility in which an animal rescue organization
houses and cares for an animal.
Any establishment where dogs, cats or other animals are received,
housed and distributed, but not a pet store.
That an animal is off the property of its owner and (i) the
animal has entered upon the property of another person without authorization
of that person, or (ii) the animal has entered onto public property,
street or right-of-way, unless that animal is restrained by its owner,
or a person caring for the animal on behalf of the owner, with a leash
of no less than six feet in length, or other physical control device,
such that the animal is under the physical control of the owner or
person caring for the animal on behalf of the owner. Nothing in this
definition is intended to prevent dogs being on training leashes or
on retractable leashes or being engaged in other appropriate activities
under adequate, responsible adult supervision where care is taken
to assure control as needed is available to prevent violations of
this chapter.
Any person who causes or allows the breeding of a male or
female dog or cat. "Breeder" shall not apply to a person who owns
an unneutered female cat or dog that has borne one litter since the
enactment of this chapter if that cat or dog is spayed subsequent
to the birth of that litter so as to prevent further litters.
A member of the species Felis catus.
Any cat which is not a community cat which has attained the
age of seven months or, if age cannot be determined, a cat which possesses
a set of permanent teeth.
Any free-roaming cat that may be cared for by one or more
residents of the immediate area who is/are known or unknown; a community
cat may or may not be feral. Community cats shall be distinguished
from other cats by being sterilized and ear-tipped; community cats
are exempt from licensing, stray and at-large provisions of this chapter.
Any person who, in accordance with a community cat management/TNR
program to trap, neuter, vaccinate for rabies, ear tip and return
free roaming cats or feral cats:
Neuters, vaccinates for rabies, ear tips and returns one or
more community cats;
Provides care, including food, shelter or medical care to the
cat; or
Has temporary custody of the cat.
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Free-roaming cats cared for by community cat caregivers may
or may not be feral. A community cat caregiver shall not be considered
to own, possess, keep or harbor a community cat.
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A single community cat or a group of community cats that
congregate together outside as a unit. Although not every cat in a
colony may be feral, any nonferal cats that congregate with a colony
shall be deemed part of it.
A member of the species "Canis familiaris."
Any dog which has attained the age of seven months or, if
age cannot be determined, a dog which possesses a set of permanent
teeth.
The straight-line cutting of the tip of one ear of a cat
while the cat is anesthetized. Ear-tipping the left ear is the best
and universally accepted practice; although in the past cats may have
been ear-tipped on the right ear.
A cat that is unsocialized to humans and has a temperament
of extreme fear of, and resistance to, contact with humans. Feral
cats are included in the definition of "community cats" as community
cats may or may not be feral. Feral cats are:
Placement by an animal rescue organization of a cat or dog
with an individual or group that is not an animal rescue organization
for the purpose of temporarily caring for the cat or dog, without
the individual or group assuming ownership, and with the intent of
the individual or group relinquishing the cat or dog to the animal
rescue organization or a suitable owner when one is located. A foster
home may provide care to a cat or dog without the effect of the fostered
cat or dog counting toward a municipality's household pet limit
(should one exist); however individuals or groups providing care in
a foster home must comply with all other provisions of this chapter.
Any chicken, turkey, geese, duck, emu, ostrich or any other
fowl customarily found on a farm, and pigeons.
The Borough Council of the Borough of Merchantville.
The act of caring for and keeping an animal or the act of
providing premises or a residence to which the animal returns for
food, shelter or care, where the caregiver is providing the primary
source of sustenance for the animal for at least ten days, whichever
time is shorter. Community cat caregivers do not harbor community
cats for the purposes of this chapter, but are subject to the provisions
of the chapter pertaining to community cats.
Any establishment wherein-or whereon the business of boarding
or selling dogs or breeding dogs for sale is carried on, except a
pet shop.
Any bull, cow, calf, heifer, sheep, llama, goat, horse, pony,
swine or any other animal customarily found on a farm.
An electronic animal identification device that is inserted
into an animal, typically on the back between the shoulder blades,
by a veterinarian in accordance with professional medical standards.
The Borough of Merchantville, or the "Borough."
To have a licensed veterinarian surgically sterilize the
animal. For the purposes of this chapter, neuter shall mean to neuter
a male animal or spay a female animal.
Disturbing the peace by:
Habitual or continuous howling, barking, crying or screaming;
or
The habitual and significant destruction, desecration or soiling
of property against the wishes of the owner of the property, in particular,
the creation of conditions leading to the excessive breeding of fleas
or flies, odors or noises; or
Habitually chasing motor vehicles or other vehicles; or
Habitually chasing or otherwise molesting passersby; or
Habitually trespassing upon public or private grounds.
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For the purpose of this chapter: (1) "habitually" means occurring
on at least two separate occasions within a time period of one month;
except that barking, howling, crying or screaming habitually, means
making the sound persistently or continuously for at least 30 minutes
occurring at least three separate times within a period of eight hours;
(2) "persistently" or "continuously" shall mean non-stop utterances
for 30 consecutive minutes with interruption of less than 30 seconds
at a time.
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Any person, household, firm, corporation, or other organization
who:
Possesses, harbors, keeps, has control of, a legal title to,
a property interest in, or permanent custody of any animal regulated
by this chapter; or
For three days or more has temporary custody of, keeps, possesses,
or exercises control over any animal.
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A person must be age 18 or older to be considered the legal
owner of an animal. If a person under age 18 is considered the custodian
or caretaker of the animal, the parent or legal guardian shall be
considered the legal owner of the animal. A community cat caregiver
is not an owner of community cats for the purposes of this chapter
but is subject to the provisions pertaining to community cat caregivers.
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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.
Adequate ability to manage the actions of the animal to prevent
the animal from engaging in biting, physical aggression towards people
or animals, straying, being at-large or other behaviors regulated
by this chapter or State law through the use of a proper leash attached
to an appropriate collar or harness. To maintain physical control,
the owner of the animal must have the animal on a leash not to exceed
six feet at its maximum extension.
An establishment for the confinement of dogs, cats or other
animals seized or captured by a municipality or the agent of a municipality
under the provisions of this chapter, or otherwise. This term is often
applied to a municipal animal control facility or a private or non-profit
animal shelter that contracts with one or more municipalities to hold
such animals.
A structure that:
Protects an animal from weather and is sufficiently ventilated
and insulated to provide refuge from precipitation, wind, extreme
temperature and direct sunlight; and
Is fully enclosed with walls on three sides, with a fourth wall
having an entranceway large enough to allow the animal to enter and
exit comfortably, but not so large as to allow all heat to escape
in cold temperatures; and
Has a solid, waterproof roof; and
Has a solid floor that does not sag under the animal's
weight; and
Has a door or flap covering the entranceway during temperatures
of 40° or below; and
Is positioned at a sufficient elevation to prevent water from
running into the structure; and
Is small enough to retain the animal's body heat in cold
weather and large enough for the animal to stand, turn around and
lay down in comfortably; and
Is sturdy and structurally sound and in good repair; and
If it contains bedding such bedding shall be clean and dry;
and
Is surrounded by an area of at least five feet that is clear
of debris, feces, and urine.
Any physical injury that results in one or more broken bones
or one or more lacerations requiring sutures, or an injury requiring
reconstructive or plastic surgery.
Any establishment where dogs or other animals are received,
housed and distributed.
An individual or organization which registers with Merchantville,
oversees the implementation of TNR in Merchantville, offers services
to caregivers and community cat colonies, and works to resolve community
cat nuisance complaints in accordance with the provisions of this
chapter.
Any animal that is found to be at-large, whether lost by
its owner or otherwise, or that is on the common areas of apartments,
condominiums, trailer parks or other multi-residential premises, and
that does not have identification tag and for which there is no identifiable
owner. The term "stray" shall not be applied to community cats managed
in accordance with this chapter.
Access to uncontaminated, palatable food, appropriate for
the species of animal, on a regular, ongoing basis in quantities sufficient
to maintain a regular body weight as determined by Purina Body Score
System or a veterinarian.
Access to clean, potable water on a regular, ongoing basis
in quantities sufficient to prevent the animal from experiencing dehydration.
Trap-Neuter-Return.
A program pursuant to which community feral and stray cats
are humanely trapped, spayed or neutered, vaccinated against rabies,
and returned to the location at which they were trapped. A cat may
receive a microchip as part of a TNR Program.
Any trap used to capture stray dogs or cats that is constructed
so that it does not harm the animal.
An individual who is licensed to engage in the practice of
veterinary medicine in the State of New Jersey.
A.
No
person shall keep an animal on a property in a manner that causes
one or more of the following: unsanitary conditions; infestation by
insects or rodents; physical conditions that endanger the health or
safety of humans.
B.
No
person shall maintain or feed any animal, domesticated or wild, in
a manner that causes one or more of the following: unsanitary conditions;
infestation by insects or rodents; physical conditions that endanger
the health or safety of humans.
C.
Community
cat colonies shall be permitted, and caregivers shall be entitled
to maintain them, in accordance with the terms and conditions of this
chapter.
A.
Owners
of animals shall provide for those animals sufficient food; sufficient
water; proper shelter and protection from weather; sufficient space
for exercise; veterinary care as needed to prevent suffering; grooming
as needed to prevent suffering; and humane care and treatment.
B.
The
owner of a domesticated animal shall exercise reasonable care to guard
against the animal creating a nuisance.
C.
The
owner of a sexually intact (unneutered) domesticated animal shall
not permit his/her animal to roam unsupervised.
D.
An
owner shall not abandon a domesticated animal in any private or public
place.
E.
An
owner of a domesticated animal shall ensure that the animal is not
at-large.
A.
Purpose:
The Borough believes that the safest place for pet cats is indoors.
The Borough also recognizes that feral and community cats, as defined
in this chapter, are not, in the vast majority of cases, suitable
to be taken indoors as pets, and their home is outdoors. The Borough
further recognizes the need for innovation in addressing the issues
presented by community cats. To that end, the Borough finds that properly
managed community cats are part of the solution to reducing the numbers
of feral cats in the Borough and the rate of euthanasia of cats in
area shelters. Community cat colonies shall be permitted in Merchantville
as part of a community cat management/TNR Program in accordance with
the following provisions.
B.
Sponsors
of TNR Programs: Merchantville shall select a private nonprofit 50l(c)(3)
animal welfare organization to serve as the lead sponsor of the community
cat management/TNR program. The lead sponsor shall oversee the activities
of secondary sponsors and community cat caregivers in accordance with
a Memorandum of Understanding between Merchantville and the selected
non-profit organization. Individuals and organizations may apply to
the lead sponsor to serve as additional program sponsors. Any person
or entity intending to undertake the responsibilities of secondary
sponsor shall advise the lead sponsor in writing and provide his/her/its
address, e-mail address and telephone number.
C.
The
lead sponsor shall designate two individuals, labelled as "primary
feeder" and "secondary feeder," each of whom shall bear the responsibility
of feeding the identified community cat colony. No other person shall
feed the identified community cat colony unless so designated by the
lead sponsor.
D.
Community
cat caregivers: Community cat caregivers must ensure community cats
are sterilized, vaccinated against the threat of rabies, and ear-tipped,
and must cooperate with the municipality and the sponsor to abate
any nuisance. Community cat caregivers are encouraged to register
with a sponsor and follow best practices of community cat care.
E.
Location
of community cat colonies: All managed community cat colonies must
be maintained in compliance with trespassing and property laws.
F.
Requirements
for exemptions from certain provisions of this chapter: All cats that
are part of an approved TNR/community cat program pursuant to this
chapter must be sterilized, vaccinated against the threat of rabies,
and ear-tipped for easy identification. If these requirements are
met the community cat is exempted from licensing, stray and at-large
provisions of this chapter.
Trapping of community cats by those who are not community cat
caregivers as defined in this chapter, sponsors, animal control officers
employed by the municipality, or members of law enforcement, is prohibited
unless the person trapping the cats is doing so for the purpose of
providing medical attention for a sick or injured cat or for the purpose
of TNR. Persons who trap free-roaming cats for the purpose of TNR
must comply with the provisions of this chapter.
A.
Injured
or sick ear-tipped cats trapped by animal control officer: If an animal
control officer traps an injured or sick ear-tipped cat that requires
medical attention, the animal control officer shall take the cat to
a pound, to scan the cat for a microchip. If a microchip is found
which identifies the cat or cat's colony, the officer shall contact
the sponsor or community cat caregiver of the cat who shall then arrange
for medical attention. If the injured or sick cat does not have a
microchip and cannot otherwise be identified by the animal control
officer, the animal control officer shall contact the sponsor who
will arrange for the cat to receive medical attention and, return
the cat to the appropriate colony or place the cat in another appropriate
placement.
B.
Ear-tipped
cats inadvertently trapped by animal control: An animal control officer
who traps an apparently healthy ear-tipped cat shall immediately release
the cat.
C.
Ear-tipped
cats deliberately trapped by animal control; community cat caretaker/sponsor
responsible for nuisance abatement: An animal control officer, who
deliberately traps an ear-tipped cat, shall scan the cat for a microchip.
(1)
If a full scan is not possible in the field due to fractious behavior,
the officer shall take the cat to a shelter or holding facility to
scan the cat for a microchip. If a microchip is found which identifies
the cat or cat's colony, or if the officer is able to identify
the cat by another means, the officer shall contact the sponsor or
community cat caregiver of the cat with a description of the cat,
the microchip number, the location where the cat was trapped, and
the nuisance complaint which caused the animal control officer to
set the trap. The caregiver or sponsor shall retrieve the cat and
return the cat to its colony and undertake nuisance abatement efforts.
(2)
If the caregiver or sponsor is not able to immediately take custody
of the cat, the officer shall return the cat to the appropriate colony.
(3)
If the cat does not have a microchip and cannot otherwise be identified
by the sponsor or a community cat caregiver, the animal control officer
shall contact the sponsor so the cat can be placed in an appropriate
colony placement.
D.
Community
cats suspected to be rabid: If a trapped community cat is suspected
of being rabid, the animal shall be immediately reported to the Board
of Health and to the Department of Health and Senior Services, and
shall be quarantined, observed, and otherwise handled and dealt with
as appropriate for an animal suspected of being rabid or as required
by the Department of Health and Senior Services for such animals.
A.
The
requirements of this section notwithstanding, animal control officers
and police officers may investigate any nuisance complaint. If an
animal control officer or police officer determines that an ear-tipped
community cat is causing a nuisance as defined by this section, the
animal control officer or police officer shall contact the sponsor.
The sponsor shall begin nuisance abatement procedures within 48 hours
and make all reasonable efforts to resolve the nuisance in as short
a time period as possible, not to exceed 60 days. If the sponsor fails
to resolve the nuisance or remove the cat within 60 days, the animal
control officer may remove the cat. If an animal control officer removes
a community cat, the municipality must notify the sponsor or community
cat caregiver and allow the sponsor or caregiver to retrieve the cat
from the pound for adoption or relocation. If an animal control officer
or police officer reasonably determines that a cat is injured or poses
a significant threat to public health, the officer may reduce the
time that the sponsor has to resolve the complaint, as necessary to
protect the cat and public health, before taking further action. In
the case of an emergency, the animal control officer or police officer
may remove the cat, but within 24 hours the municipality must provide
the sponsor with notice of the cat's whereabouts and allow the
sponsor an opportunity to retrieve the cat for treatment, return,
or relocation.
B.
Factors
to be considered during the nuisance abatement process shall include:
Merchantville shall have the following rights:
A.
The
right to seize or remove cats from a colony which have not been vaccinated
against rabies and which are demonstrating signs of the disease.
B.
The
right to seize or remove a cat from a colony which is creating a nuisance
as defined in this chapter, after the community cat caregiver and
sponsor have been given 60 days to abate the nuisance or remove and
relocate the cat and have failed to do so. The caregiver must begin
nuisance abatement procedures within 48 hours after being notified
of a nuisance by an animal control officer and must take all reasonable
steps to resolve the nuisance in as short a time as possible, not
to exceed 60 days.
C.
The
right to seize or remove a cat or colony of cats when the community
cat caregiver regularly fails to comply with the colony care requirements
of this chapter and the sponsor has not been able to obtain a replacement
or substitute caregiver within 30 days of the Merchantville's
notice to the caregiver and sponsor of failure to comply with this
chapter. If one or more cats are in danger due to a caregiver's
lack of compliance, the sponsor may work with other local caregivers
to find a suitable replacement caregiver or relocate the cats.
It shall be unlawful for any person to use inhumane methods
to capture dogs or cats. Traps and the trapping of dogs or cats must
meet the following requirements:
A.
Traps
shall not be left unattended for more than two hours;
B.
Traps
shall not be left set overnight unless traps are checked at least
every two hours;
C.
Traps
shall not be left unattended for any length of time in temperatures
below 45° Fahrenheit or above 80° Fahrenheit; in rain or snow;
or in any other extreme weather; and
D.
Traps
utilized to capture dogs or cats shall be humane traps.
The practice of trapping cats and/or dogs for the purpose of
euthanizing the animal shall be unlawful except in cases of serious
disease or injury as determined by a licensed veterinarian. Further,
it shall be unlawful to employ or to be employed for the express purpose
of trapping and killing free-roaming cats and dogs as a means to eliminate
a nuisance. This section shall not prohibit an animal control officer
or police officer from carrying out their lawful duties as otherwise
specifically permitted under this chapter.
No owner or person having temporary custody of any animal shall
permit the animal to be, or fail to provide physical control to restrain
the animal from being, at-large. Dogs on leashes extending beyond
six feet shall be considered at-large for provisions of this chapter,
but it shall only be a violation if the owner or person having temporary
custody of the dog on a leash extending beyond six feet is also violating
another provision of this chapter.
A.
A dog shall be considered exempt from the at-large provision if:
(1)
The dog is engaged in the performance of duties while under the supervision
and control of law enforcement officials performing law enforcement
work; or
(2)
The dog is engaged in any legal hunt or training procedure, including
training or exhibiting in legal sports such as obedience trials, conformation
shows, field trials, hunting/retrieving trials and herding trials;
however, such dogs at all other times and in all other respects shall
be subject to this chapter; or
(3)
The dog is in a Merchantville or County-designated or legally established,
private "off-leash" dog park and is under the supervision of the owner
or a responsible person.
No person may desert or abandon any animal at any public or
private location. The practice of TNR and the provision of care to
a community cat in accordance with the provisions of this chapter
do not constitute desertion or abandonment of the community cat. However,
the placement of a cat at a community cat colony by a person other
than the community cat caregiver or sponsor constitutes abandonment.
A.
No person owning, possessing, harboring, keeping, walking or in custody
or charge of any dog shall cause, suffer, permit or allow such dog
to soil, defile, defecate or commit any nuisance on any common thoroughfare,
sidewalk, passageway, bypath, play area, park, school ground 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; provided however, that it shall be a complete
defense to a violation of this section that such person immediately
removed and disposed of all feces and droppings deposited by said
dog in a suitable and sanitary manner.
B.
Any person owning, possessing, harboring, keeping, walking or in custody or charge of any dog shall have in his or her possession appropriate sanitary means to remove immediately any feces and droppings which may be deposited by such dog on or in the areas enumerated or described in Subsection A, above. Such means shall include, but are not limited to a scooper, shovel, container, disposal bag, wrapper or other implement.
C.
Disposal in a suitable and sanitary manner shall include but shall not be limited to taking the removed feces and droppings home in a container, disposal bag or wrapper and placing the same in a trash can or removing the same from the container, bag or wrapper and depositing the same in the sanitary sewer. In no event shall disposal in a suitable and sanitary manner include the placement of unwrapped feces or droppings in a trash can, or the placement or disposal into a storm sewer or the burial of said feces or droppings on or in property or areas enumerated and described in Subsection A above.
D.
The prohibition contained in this section shall not apply to any
owner or keeper who requires the use of a disability assistance animal
while such animal is being used for that purpose.
A.
Any person residing in Merchantville who shall own, keep or harbor
a dog or cat of licensing age shall annually apply for and procure
from the Borough Clerk or other official designated by the Borough
Council thereof to license dogs and cats, a license and official metal
registration tag for each such dog or cat so owned, kept or harbored.
Any such person shall place upon each such dog or cat a collar or
harness with the registration tag securely fastened thereto. Any such
dog or cat must wear the registration tag any time the dog or cat
is not upon its owner's property. Upon proof by affidavit of
the loss of a certificate or metal tag, the Borough Clerk shall issue
a new certificate or tag upon payment of a fee of $20.
B.
These licensing requirements shall not apply to community cats in
an approved community cat management/TNR program.
Neither the Borough Clerk or other official designated by the
Borough Council to license dogs and cats therein shall grant any such
license and official metal registration tag for any dog or cat unless
the owner or custodian thereof provides evidence that the dog or 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 Health and Human Services, or has been certified exempt
as provided by regulations of the State Department of Health and Senior
Services. Such vaccination shall be repeated at intervals as provided
by regulations of the State Department of Health and Senior Services,
and shall be administered by a duly licensed veterinarian or by such
other veterinarian permitted by law to do the same. Proof of inoculation
for dogs shall be in the form prescribed by the State Department of
Health and Senior Services in its regulations. Proof of inoculation
for cats shall be on a certificate or form containing the rabies vaccine
lot number and expiration date and the signature of the administering
veterinarian.
[Amended 11-14-16 by Ord. No. 2016-15]
The owner applying for the license and registration tag shall
pay the following fees:
A.
A license fee of $18 for a neutered dog or cat, and a license fee
of $23 for an unneutered dog or cat.
B.
In addition to the fees assessed for each neutered and unneutered
dog licensed, Merchantville shall also collect and forward $1.20 to
the State of New Jersey pursuant to N.J.S.A. 4:19-15.
C.
For each unneutered dog licensed, the municipality shall collect
and forward an additional $3 to the State of New Jersey for deposit
in the Animal Population Control Fund pursuant to N.J.S.A. 4:19-1S.3b.
D.
Owners shall apply for a license and pay the appropriate license
and registration fees before January 31 of each calendar year.
E.
A late fee of $20 shall be charged for each license not applied for
by January 31 of each calendar year. A noncompliance fee of $50 shall
be charged for each cat or dog found to be unlicensed.
F.
Any person applying for a license and registration tag for a dog
determined to be vicious or potentially dangerous pursuant to N.J.S.A.
4:19-17 et seq. of the laws of the State of New Jersey shall pay an
annual fee of $700.
G.
Any person, firm or corporation may keep, possess or have custody
and control of four dogs or cats, or any combination thereof amounting
to four animals, but not including newborn dogs or cats less than
six months of age who is/are the progeny of an animal or animals legally
on the premises at the time of the progeny's birth, within the
territorial jurisdiction of this Borough, but in no event shall the
combination thereof total more than four animals to one property.
H.
Any person, firm or corporation wishing to keep, possess or have
custody and control of a fifth or more dog or cat under this section
may make application to the Board of Health of the Borough of Merchantville
which, after the appropriate investigation, will make a recommendation
to the Borough Council of the Borough of Merchantville as to whether
a permit should issue to the applicant to keep, possess or have custody
and control of a fifth or more dog or cat.
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 herein, provided for, except that the owner or keeper of such
dog shall not be required to pay any fee therefor.
The owner of any newly-acquired dog or cat of licensing age
or of any dog or cat which attains licensing age shall make application
for license and registration tag for such dog or cat within 10 days
after such acquisition or age attainment.
A.
Only one license and registration tag shall be required in any licensing
year for any dog or cat owned in New Jersey, and such license and
tag shall be accepted by all municipalities as evidence of compliance
with this section. Any person who shall bring or cause to be brought
into Merchantville any dog or cat licensed in another State for the
current year, and bearing a registration tag, and shall keep the same
or permit the same to be kept within the State for a period of more
than 90 days shall immediately apply for a license and registration
tag for each such dog or cat unless such dog or cat is licensed under
another section of this chapter.
B.
Any person who shall bring or cause to be brought into Merchantville
any dog or cat that is not licensed in any jurisdiction and shall
keep the same or permit the same to be kept within Merchantville for
a period of more than 30 days shall immediately apply for a license
and registration tag for each such dog or cat unless such dog or cat
be licensed under this chapter.
The license and registration application shall state the breed,
sex, age, color and markings of the dog or cat for which license and
registration are sought, whether it is of a long-or short-haired variety,
whether it has been neutered, and, if a dog, whether it has been surgically
debarked or silenced; also the name, street and post office address
and telephone number of the owner and the person who shall keep or
harbor such dog or cat. The information on the application and the
registration number issued for the dog or cat shall be preserved for
a period of three years by the Borough Clerk or other local official
designated to license dogs and cats in Merchantville. Registration
numbers shall be issued in the order of the applications.
No person, except an officer in the performance of his duties
shall remove a registration tag from the collar of any dog or cat
without the consent of the owner, nor shall any person attach a registration
tag to a dog or cat for which it was not issued.
A.
No person in Merchantville shall own, possess, harbor or have in
custody any dog or cat over seven months of age unless such dog or
cat has been vaccinated or inoculated against rabies by a licensed
veterinarian. Such vaccination or inoculation shall consist of an
anti-rabies vaccine of standard and accepted quality and formula,
the duration of which shall be noted on the vaccination certificate
or tag. Such vaccination shall be repeated at intervals as provided
by regulations of the State Department of Health and Senior Services,
and shall be administered by a duly licensed veterinarian or by such
other veterinarian permitted by law to do the same.
B.
A cat or dog will be considered exempt from this provision if a licensed
veterinarian certifies in writing that the animal's infirmity,
other physical condition, or regimen of therapy exempts it from vaccination
against rabies.
A.
Any unlicensed dog or cat that is older than seven months is presumed
to be unvaccinated. This presumption can be rebutted only by a current
rabies vaccination certificate signed by a veterinarian or issued
by an approved governmental agency.
B.
A community cat that has been ear-tipped is presumed to have been
vaccinated against rabies at least once.
The Borough Clerk, or any person appointed for the purpose by
the Borough Council, shall annually cause a canvass to be made of
all dogs and cats owned, kept or harbored within the Borough limits
and shall report, on or before September 1 of the year in which the
census is taken, to the Borough Council, the local Board of Health,
and to the State Department of Health and Human Services the results
thereof. Community cats shall be excluded from the canvass.
A.
Any person who keeps or operates or proposes to establish a kennel,
a pet shop, a shelter or a pound shall apply to the Borough Clerk
(or other official designated to license dogs) where such establishment
is located, for a license entitling him to keep or operate such 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 documentation
from the local municipal and health authorities showing compliance
with the local and State rules and regulations governing location
of and sanitation at such establishments.
B.
All licenses issued for a kennel, pet shop, shelter or pound shall
state the purpose for which the establishment is maintained, and all
such licenses shall expire on the last day of June of each year, and
be subject to revocation by Merchantville on recommendation of the
State Department of Health and Senior Services or the local Board
of Health for failure to comply with the rules and regulations of
the State Department or local Board governing the same, after the
owner has been afforded a hearing by either the State Department or
local Board, except as provided by state law.
C.
Any person holding such license shall not be required to secure individual
licenses for dogs owned by such licensee and kept at such establishments.
Such licenses shall not be transferable to another owner or different
premises.
D.
The license for a kennel, pet shop, shelter or pound shall be subject
to review by Merchantville, upon recommendation by the State Department
of Health and Senior Services or the local health authority for failure
by the kennel, pet shop, shelter or pound to comply with the rules
and regulations of the State Department or local Health authority
governing kennels, pet shops, shelters or pounds, or if the kennel,
pet shop, shelter or pound meets the criteria for recommended suspension
or revocation as provided by State law.
E.
Merchantville, based on the criteria for the recommendation of the
local health authority provided by State law, may suspend the license
for 90 days or may revoke the license if it is determined at a hearing
that the pet shop, kennel, shelter or pound:
F.
The owner of a kennel, pet shop, shelter or pound must submit to
a yearly inspection by municipal animal control officer, municipal
health officer and/or code enforcement officer. In the event of a
complaint or problem, inspection may occur every thirty (30) days
until the problem is resolved. The municipality may inspect daily
or weekly if deemed necessary to protect the health and welfare of
the animals or humans, or in accordance with any judicial ruling if
court proceedings are initiated.
G.
Every kennel or pet shop licensed by Merchantville shall submit annually
and no later than May 1 of each year records of the total number of
cats and dogs, respectively, sold by the pet shop or kennel each year,
and Merchantville shall provide this information to the local health
authority.
The annual license fee for a kennel providing accommodations
for 10 or fewer dogs shall be $100, and for more than 10 dogs $150.
The annual license fee for a pet shop shall be $50. No license fee
shall be charged for a shelter or pound. Additional permit and fees
shall be required for facilities that breed cats or dogs as described
in this chapter.
No dog kept in a kennel, pet shop, shelter or pound shall be
permitted off such premises, except on leash or in a crate or other
safe control.
The Borough Clerk, or other official designated to license dogs
in Merchantville, shall forward to the State Department of Health
a list of all kennels, pet shops, shelters and pounds licensed within
30 days after the licenses therefor are issued, which list shall include
the name and address of the licensee and the kind of license issued.
Merchantville may deny a license to, or revoke a license from,
any person found violating or refusing to comply with any part of
the provisions of this chapter, including, but not limited to:
A.
Violating any animal control laws or regulations, any zoning or health
and safety laws or any regulations relating to the keeping of animals;
or
B.
Failing to keep and maintain in a clean and sanitary condition the
premises on which the animals are kept; or
C.
Acting in an inhumane or cruel manner in the treatment of the animals;
or
D.
Failing to provide any animal with sufficient food, sufficient water,
proper shelter or veterinary care; or
E.
Failing to substantially comply with all conditions of the license;
or
F.
Providing false information in the license application or failing
to cooperate with inspection of the premises required by this chapter;
or
G.
Failing to obtain a breeding permit for breeding cats or dogs as
described in this chapter.
A.
Upon the enactment of this chapter, no person who owns keeps or harbors
an unneutered dog or cat shall cause or allow the production of more
than one litter of puppies or kittens by any male or female dog or
cat without first obtaining a breeding permit issued by Merchantville.
Such breeding permit is required in addition to any license, registration
or permit required under by federal or state law, or Borough ordinance.
B.
Merchantville shall administer a permit program to allow breeding
of cats and dogs consistent with the criteria and according to the
procedures contained in this chapter.
C.
Each applicant who is issued a permit to breed cats or dogs under
this section shall pay a breeding permit fee of $50 per year for owning,
keeping or harboring one unneutered female that has already borne
one litter since the enactment of this chapter and/or one unneutered
male and one unneutered female. For applicants owning, keeping or
harboring four or more dogs or cats, the fee shall be $100 per year.
D.
Breeding permits shall be valid for twelve months, renewable on an
annual basis. All breeding permits shall contain the following terms
and conditions and be subject to the following requirements:
(1)
No offspring may be sold or adopted and permanently placed until
reaching an age of at least eight weeks.
(2)
No offspring may be sold or adopted until immunized against common
diseases (feline pan leukopenia, rhinotrachitis, calicivirus for cats;
canine distemper, adenovirus type 2, parvovirus, Para influenza for
dogs), or until they have begun a course of disease prevention under
the direction of a State of New Jersey licensed veterinarian.
(3)
Any permit holder advertising to the public the availability of any
animal for adoption or sale must prominently display the permit number
in any publications in which they advertise. Further, the permit number
must be provided to any person adopting or purchasing an animal bred
by the permit holder.
(4)
The breeding permit holder shall adhere to minimum standards regarding
the care and keeping of animals developed and approved by the State
of New Jersey and this chapter.
(5)
The permit holder shall submit to a yearly inspection by an animal
control officer, municipal health officer and/or code enforcement
officer. In the event of a complaint or problem, inspection may occur
every 30 days until the problem is resolved. Merchantville may inspect
daily or weekly if deemed necessary to protect the health and welfare
of the animals or humans, or in accordance with any judicial ruling
if court proceedings are initiated.
(6)
If within one year of placement a new owner becomes unable or unwilling
to continue ownership and responsibility for an animal which is the
offspring of a cat or dog of the permit holder, the permit holder
shall assist in placement of the animal. If no suitable placement
can be found within 30 days, the permit holder shall accept return
of the animal and shall become fully responsible for its care.
The application shall include the name of the applicant, his
or her residence address and telephone number, the address of the
proposed location where the animals are to be kept if different from
applicant's address, and a description of the housing facilities
for the keeping of the animals. The application shall also state the
number of unneutered dogs and/or cats to be kept. Merchantville may
require the applicant to provide any other information it reasonably
deems necessary to properly evaluate the application.
A.
An application for a breeding permit shall include a signed statement
from the applicant attesting that:
(1)
Keeping of the animals at the proposed location will not violate
any federal, state or local law;
(2)
Appropriate facilities of sufficient size exist at the proposed location
to safely and adequately secure, feed, house, exercise and maintain
the animals;
(3)
The proposed location consists of a lot or lots of sufficient size
to safely and adequately house, maintain and exercise the animals
without disturbance to adjacent property owners or the public;
(4)
Possession and maintenance of the animals at the proposed location
will not result in the animals being subject to neglect, cruelty,
or abuse;
(5)
The applicant has neither had any animal license or permit revoked,
nor has been convicted of any violation of any provision of this chapter
or any other State or local law pertaining to the maintenance and
treatment of animals, within the past five years;
(6)
The keeping and maintenance of the animal will not create a public
or private nuisance or endanger the public health, safety or welfare;
and
(7)
The keeping of the animals at the proposed location complies with
all Merchantville zoning regulations.
B.
Merchantville may investigate or require any further information
or documentation which would assist in determining whether the statements
made by the applicant are correct and whether the permit should be
issued.
A.
Any permit issued under this chapter shall be made expressly subject
to the following conditions:
(1)
The permit holder shall provide veterinary care as needed and make
every effort to keep all animals free of disease and parasites;
(2)
The permit holder shall keep the animals' living quarters clean
and sanitary, shall provide sufficient food, sufficient water, appropriate
exercise and proper shelter;
(3)
Any structures housing animals shall be of a sufficient size to ensure
the health, safety and comfort of the animals as per New Jersey law
and shall be placed at least six feet from any property boundaries
in residential areas;
(4)
Any other conditions which Merchantville or the Department of Health
and Senior Services or the State of New Jersey determines is reasonably
necessary to protect the welfare of the animals kept or the public,
health, safety or welfare.
B.
The breeding permit fee established under this chapter shall be paid
by the applicant prior to issuance of the permit. Such fee shall be
paid each time a permit is issued or renewed.
A.
The Borough, or an animal control officer or law enforcement officer,
may require any breeding permit holder to produce for inspection any
required animal license, permit or certificate of vaccination.
B.
The Borough, or an animal control officer or law enforcement officer
may, with 48 hours' notice to the permit holder, conduct such
inspections of the premises upon which animals are kept under a breeding
permit, as necessary to insure compliance with the conditions of the
permit.
C.
Such inspection of the premises shall be on a yearly basis and/or
may result from concerns stemming from the direct observations of
an animal control officer, law enforcement officer or upon a non-anonymous
compliant.
A.
Breeding permits issued under this chapter shall expire one year
after issuance.
B.
Breeding permits may be renewed on an annual basis upon filing of
a new application containing updated information and payment of the
annual breeding permit fee established by this chapter.
C.
No breeding permit shall be renewed if the Borough, or an animal
control officer or law enforcement officer, has received two or more
substantiated complaints concerning the location or manner of keeping
of the animals or determines that the findings set forth in section
cannot be made or that any of the grounds for revocation described
in this chapter exist.
A.
Any breeding permit issued pursuant to this chapter may be revoked
if an animal control officer or law enforcement officer has reasonable
cause to believe any of the following to be true:
(1)
The permittee has violated any ordinances or statutes relating to
the keeping, care or use of any animal including, but not limited
to, those contained in this chapter and those contained in the statutes
of the State of New Jersey;
(2)
The permittee is in violation of any State health or safety law or
regulation regarding animal care or control;
(3)
The permittee has failed to comply with any condition or requirement
of the permit or has failed to pay any fee imposed under this code;
(4)
The permittee refused to allow inspection, upon forty-eight hours
written notice, of any animal covered by the permit or the premises
on which the animal is kept;
(5)
The permittee has transferred, sold or otherwise disposed of the
animal for which the permit was issued;
(6)
The permittee has acted in an inhumane or cruel manner in the treatment
of animals; or
(7)
The permittee provided false information in the license application.
B.
If, after inspection, an animal control officer or law enforcement
officer concludes that one or more of the above grounds for revocation
has occurred, the officer may modify the terms of the permit or revoke
the permit. The officer shall cause written notice thereafter be transmitted
by mail to the address of the permittee. Said notice shall specify
the grounds for modification or revocation of the permit.
A.
Any person who provides or offers to the public, whether or not for
compensation, any cat or dog, or wolf hybrid shall provide to their
clients, free of charge, information, relating to pet care and ownership,
including information where applicable, on Borough ordinances pertaining
to animal control. This required information will be prepared and
provided by the Borough upon request.
B.
Any person offering cats, dogs, or wolf hybrids for sale or adoption
shall disclose to any purchaser information regarding the licensing,
registration or permit requirements of the Borough applicable to such
animal.
C.
No person shall offer for sale or adoption any cat, dog, or wolf
hybrid on any public street, sidewalk or public park unless such person
first obtains a business license to sell pets or is a recognized pet
rescue/adoption agency.
D.
Prior to release for adoption, any animal adopted from any shelter,
animal rescue organization or pound shall be spayed or neutered unless
the shelter or pound obtains a certificate from a licensed veterinarian
certifying as to the health reasons for failing to alter such animal.
A.
License fees and other money collected or received under the provisions
of this chapter, except for those fees which are forwarded to the
State of New Jersey, or which are received as donations pursuant to
the request for donation on the dog and cat license application form,
shall be forwarded to the Borough Treasurer and shall be placed in
a special account separate from any of the other accounts and shall
be used for the following purposes:
(1)
For collecting, keeping and impounding of dogs and cats liable to
seizure under this chapter;
(2)
For local prevention and control of rabies;
(3)
For payment of damage to or losses of poultry and domestic animals,
except dogs and cats, caused by unknown dog or dogs;
(4)
For canvass of unlicensed dogs as prescribed by the State of New
Jersey;
(5)
For administering the provisions of this chapter; and
(6)
For providing dog and cat control in the Borough of Merchantville.
B.
Any unexpected balance remaining in such special account shall be
retained until the end of the third fiscal year following and may
be used for any of the purposes set forth in this section. At the
end of the said third fiscal year following, and at the end of each
fiscal year thereafter, there shall be transferred from such special
account to the general funds of the Borough of Merchantville any amount
then in such account which is in excess of the total amount paid into
the special account during the last two fiscal years next preceding.
C.
Fees collected or received under the provisions of this chapter which
are to be forwarded to the State of New Jersey shall be forwarded
within 30 days after collection by the Borough Clerk to the State
Department of Health and Senior Services.
D.
Money received as donations pursuant to the request for donations
on the dog and cat license application form shall be placed into a
separate account and used solely for:
The animal control officer appointed for the purpose by the
Borough shall take into custody and impound or cause to be taken into
custody and impounded, and thereafter offered for adoption or given
appropriate final disposition as provided in this section:
A.
Any dog off the premises of the owner or of the person charged with
the care of the dog, which is reasonably believed to be a stray dog;
or
B.
Any dog off the premises of the owner or the person charged with
the care of the dog without a current registration tag on its collar
or elsewhere; or
C.
Any female dog in season off the premises of the owner or the person
charged with the care of the dog; or
D.
Any dog or other animal which is suspected to be rabid; or
E.
Any dog or other animal off the premises of the owner or the person
charged with its care that is reported to, or observed by, a certified
animal control officer to be ill, injured, or creating a threat to
public health, safety or welfare.
F.
An exception to the provisions of this section is made for any cat
or cats that are part of an approved community cat management/TNR
program, which shall be handled subject to the provisions of this
chapter pertaining to community cats.
A.
Upon capturing an animal that bears a registration tag or private
ID tag or tattoo, an animal control officer shall make every reasonable
effort to contact the owner or caregiver listed on the tag or associated
with the registration or tattoo and shall make every reasonable effort
to return the animal to its owner or caregiver while in the field;
that is, without transporting the animal to an animal control facility.
If it is not reasonably possible to return the animal to the owner
or caregiver while in the field, the animal control officer will follow
normal notification and impounding procedures according to the provisions
of this chapter.
B.
Upon capturing an animal that does not bear a registration tag or
private ID tag, the animal control officer shall carefully scan the
animal for a microchip using a universal scanner. If a microchip is
found, the animal control officer shall make every reasonable effort
to contact the microchip company to obtain contact information for
the owner or caregiver and shall then make every reasonable effort
to contact the owner or caregiver and return the animal to its owner
or caregiver while in the field; that is, without transporting the
animal to the animal control facility. If it is not reasonably safe
or possible to return the animal to the owner or caregiver while in
the field, the animal control officer will follow notification and
impounding procedures according to the provisions of this chapter.
C.
The impounding shelter and/or animal control officer may make a reasonable
inquiry in the immediate vicinity in which a stray animal is picked
up in order to locate the owner or caregiver, if any, of a stray animal.
A.
When a shelter, pound, or kennel operating as a shelter or pound,
or animal rescue organization facility receives a cat or dog for which
the identity of the owner or caregiver is not known, the shelter or
rescue organization shall carefully scan the animal for microchip
identification using a universal scanner.
B.
Prior to release of any cat or dog for adoption, transfer to another
facility or foster home, or euthanasia of the cat or dog, the shelter,
pound, kennel operating as a shelter or pound, or animal rescue organization
facility shall, if the identity of the owner or caregiver is not known,
scan the cat or dog for microchip identification.
C.
If either scan required pursuant to Subsection A or B of this section reveals information concerning the owner or caregiver of the cat or dog, the shelter, pound, kennel operating as a shelter or pound, or animal rescue organization facility shall immediately seek to contact and notify the owner or caregiver of the whereabouts of the cat or dog. Furthermore, if microchip identification is found, the shelter, pound, kennel operating as a shelter or pound, or animal rescue organization facility shall hold the animal for at least seven days after the notification to the owner or caregiver.
A.
If any animal so seized bears a microchip or wears a collar or harness
having inscribed thereon or attached thereto the name and address
of any person, or bears a registration tag or a private ID tag, or
the owner or the caregiver or the person keeping or harboring said
animal is known, any person authorized by the Borough Council shall
forthwith serve on the person whose address is given on the collar,
harness or tag, or on the person whose contact information is associated
with the microchip, or on the owner or the caregiver or the 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 offered for
adoption or destroyed if not claimed within seven days after the service
of the notice.
B.
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, harness, microchip or tag, or by forwarding it
by post in a prepaid letter addressed to that person at the person's
usual or last known place of abode or at the address given on the
collar, harness, microchip or tag.
C.
In the case of an impounded ear-tipped cat, if the community cat
caregiver is not known, the sponsor shall be notified. The sponsor
is authorized to reclaim an ear-tipped cat on behalf of the caregiver.
A.
An animal shelter, pound, or kennel operating as an animal shelter
or pound receiving an animal from a certified animal control officer
for the Borough, or from any other individual, group, or organization,
shall hold the animal for at least seven days, and excluding official
holidays recognized by Camden County or when the shelter is otherwise
closed to the public due to an unexpected event, before offering it
for adoption, or euthanizing, relocating, or sterilizing the animal
except if:
(1)
The animal is surrendered voluntarily by its owner to the animal
shelter, pound, or kennel operating as an animal shelter or pound,
in which case the provisions of "voluntary surrender by owner" section
shall apply; or
(2)
The animal is suspected of being rabid, in which case the animal
shall be immediately reported to the executive officer of the local
Board of Health and to the Department of Health and Senior Services,
and shall be quarantined, observed, and otherwise handled and dealt
with as appropriate for an animal suspected of being rabid or as required
by the Department of Health and Senior Services for such animals;
or
(3)
The animal is an ear-tipped community cat, in which case the provisions
of the "disposition of ear-tipped community cats" section of this
chapter shall apply.
B.
Except as otherwise provided for under Subsection A(1) of § 9-43, Voluntary surrender by owner, under § 9-6, Disposition of ear-tipped community cats, and under Subsection E of this section, no shelter, pound, or kennel operating as a shelter or pound receiving an animal from a certified animal control officer may transfer the animal to an animal rescue organization facility or a foster home until the shelter, pound, or kennel operating as a shelter or pound has held the animal for at least seven days.
C.
If the animal remains unclaimed, is not claimed due to the failure of the owner or other person to comply with the requirements of this section, or is not adopted after seven days after the date on which notice is served pursuant to § 9-41, Notice to owner or caregiver of impoundment or, if no notice can be served, not less than seven days after the date on which the animal was impounded, the impounded animal may be offered for adoption, placed in a foster home, transferred to another shelter, pound, kennel operating as a shelter or pound, or animal rescue organization facility, or humanely euthanized.
D.
At the time of adoption, the right of ownership in the animal shall
transfer to the new owner.
E.
Feral cats brought in by the public or by animal control officers
or other law enforcement officials in traps for the purpose of TNR
shall be spayed/neutered, vaccinated against rabies, ear-tipped on
the left ear, and returned to the location at which they were trapped/caught.
The sponsor shall be notified of the location of the neutered and
returned feral cat. If return to the location at which a cat was trapped
is considered truly dangerous to the cat's well-being, or return
is otherwise deemed impossible; the cat will be relocated with the
approval by the animal control officer or sponsor.
A.
If an animal shelter, pound or kennel operating as an animal shelter or pound is not required to hold an animal for at least seven days pursuant to Subsection A(1) of § 9-42, the animal shelter, pound, or kennel operating as an animal shelter or pound:
(1)
Shall offer the animal for adoption for at least seven days before
euthanizing it; or
(2)
May transfer the animal to an animal rescue organization facility
or a foster home prior to offering it for adoption if such a transfer
is determined to be in the best interest of the animal by the shelter,
pound, or kennel operating as a shelter or pound.
B.
Every owner who voluntarily surrenders an animal must provide photo
identification and sign a form acknowledging that the surrender is
voluntary and acknowledging the discretion of the animal shelter to
dispose of the animal. The Borough, pounds, animal control officers
and shelters are not required by State law to accept owner-surrendered
animals. The animal shelter shall not be liable for the disposition
of any voluntarily surrendered animal after receipt of the animal
from its owner.
C.
Owners surrendering animals shall be responsible for paying an intake
fee, and should the animal(s) not be current on vaccination required
by the shelter, vaccination fees shall also be paid by the owner wishing
to surrender his/her animal(s). The animal shelter may also require
owners surrendering unaltered animals to be responsible for paying
fees for spaying/neutering the animal(s).
D.
Owners wishing to surrender an animal with the request for euthanasia
shall be allowed to do so at the discretion of the animal shelter.
It is not the policy or practice of animal shelters to supply "on-demand"
euthanasia procedures, but in the interest of relieving a suffering
animal, an animal shelter may provide the service for a fee or at
no charge, at its sole discretion.
If the owner or the person charged with the care of the animal
seeks to claim it within seven days, or after the seven days have
elapsed but before the animal has been adopted or euthanized, the
shelter, pound, or kennel operating as a shelter or pound shall, in
the case of a cat or dog, release it to the owner or person charged
with its care, provided the owner or person charged with the care
of the animal provides proof of ownership, which may include a valid
cat or dog license, registration, rabies inoculation certificate,
documentation from the owner's veterinarian that the cat or dog
has received regular care from that veterinarian, or a photograph
of the animal. If a person provides a photograph of the animal as
proof of ownership, the person must also provide personal photo identification.
In order to adopt an animal from an animal control shelter,
pound, or kennel operating as a shelter or pound, a person must be
at least 18 years of age and provide photo identification.
All dogs, cats and ferrets must have current rabies vaccinations
in order to be redeemed or adopted. This requirement may only be waived
if the owner can produce to the animal control shelter a rabies vaccination
certificate from a veterinarian and any other information necessary
in order for the animal control shelter to determine that the animal
has a current vaccination or if the owner produces written certification
from a licensed veterinarian that the animal's infirmity, other
physical condition, or regimen of therapy exempts it from vaccination
against rabies. To comply with this requirement, an animal control
shelter may vaccinate any animal in its custody.
In addition to any applicable fees required by this chapter
for adoption or redemption:
A.
If a cat or dog being redeemed is currently licensed and registered,
the owner must present the license and registration at the time of
redemption.
B.
If a person redeeming a cat or dog resides in the State of New Jersey
and does not present proof of a current license and registration at
the time of redemption, he or she must sign a statement indicating
an understanding that the pound will forward information about the
redemption, including but not limited to the owner's name, address,
phone number, e-mail address and animal description, to the municipality
in which the redeemer resides. The municipality in which the owner
resides may use this information to contact the owner about obtaining
a license for the cat or dog.
C.
This provision shall not apply to a sponsor or community cat caregiver
redeeming an ear-tipped community cat.
A.
An animal adopted, transferred or given away from any animal control
facility, animal shelter or rescue organization or private individual
in Camden County seeking to adopt, transfer, exchange, foster, give
away or otherwise find a home for homeless or unwanted animals, shall
be sterilized by a veterinarian prior to the adoption. The animal
shelter or rescue organization may require the new pet owner to pay
for the cost of sterilization.
B.
This requirement shall not apply when a veterinarian determines that
sterilization would endanger the animal's health due to its age,
infirmity, disability or illness. In such case, the owner or adopter
shall sign a written agreement that sterilization shall be performed
as soon as health permits, or the veterinarian shall provide a written
statement indicating that sterilization is not advised due to age
or other concerns.
A.
The owner of any animal, be it domestic, exotic, wild or farm animal,
that is apprehended or impounded by animal control or police, is responsible
for any damages or expenses pertaining to it.
B.
Except as otherwise provided in this chapter, the owner of any apprehended
or impounded animal may redeem the animal upon payment to the impounding
shelter of expenses or damages pertaining to the animal including,
but not limited to:
(1)
An intake and/or reclaim fee for each animal redeemed;
(3)
All veterinary charges, drug and medical expenses and other expenses
for the care or treatment of the animal;
(4)
The cost of microchip implantation and a rabies vaccine, if applicable;
(5)
The cost of license and registration, if applicable;
(6)
All outstanding fines and final judgments, except for any fine of
which a timely appeal is pending.
C.
At the request of the owner the impounding shelter shall provide
an itemized list of charges.
In lieu of paying the fees associated with impound (itemized above in Subsection B(1) through (4) in § 9-49 (Redemption by owner; owner to bear expenses), an owner or caregiver reclaiming an unaltered cat or dog that was impounded for being at-large can choose to pay the equivalent of the municipality's or pound's adoption fee for dogs or cats. The adoption fee includes spaying/neutering, microchip, applicable vaccines, and a heartworm test.
It shall be unlawful for the owner, or any person having temporary custody, of an animal or animals to permit the animal(s), either willfully or through failure to exercise due care or control, to commit a habitual nuisance as defined in § 9-1 of this chapter.
No person owning, possessing, harboring, keeping or in custody
or charge of any dog or cat shall cause, suffer, permit or allow the
accumulation of dog or cat feces or droppings upon his or her property
or upon property occupied by him or her to the extent that the odor
may be noticeable to any adjoining property owner or owners or that
it creates or results in an attraction for vermin breeding or any
other public health nuisance to adjoining property owners and neighbors.
A.
It is unlawful to chain or tether unneutered dogs in any manner and/or
at any time within the Borough of Merchantville.
B.
Neutered dogs may be tethered under the following circumstances:
(1)
The tether must be at least 15 feet long and have operative swivel
on both ends, weigh no more than l/8 of the dog's weight and
be attached to a properly fitting collar or harness.
(2)
The collar used for tethering may not be a choke chain collar, slip
collar or prong collar. The tether must allow the dog access to proper
shelter, sufficient food and sufficient water.
(3)
The tether may not be used in any area where it may become tangled
around objects, such as, but not limited to, a tree, pole, fence,
or stake.
(4)
The tether cannot inhibit the movement of the animal's limbs
or cause injury, harm, entanglement or strangulation.
(5)
The tether must restrain the dog within the bounds of the owner's
or caregiver's property.
(6)
The tether must terminate no less than five feet from any fence,
pool, wall, vehicle, tree, or other object or obstruction upon which
any animal may harm itself.
(7)
Dogs may be tethered for no more than four consecutive hours in any
twenty-four hour period of time and never between sunset and sunrise.
C.
When a violation of this provision occurs, an animal control officer
or law enforcement officer is authorized to document the circumstances
and evidence, take reasonable measures to remove the animal from the
tether, take the tether as evidence, and take the animal to the pound.
A.
It shall be unlawful for any person to knowingly or negligently place
or leave any poison or poisonous substances injurious to domestic
animals in any place accessible to domestic animals or to recklessly
or negligently expose any non-vermin animal to poison or poisonous
substances. Nothing in this section is intended to address the unintentional
poisoning of an animal due to the animal's ingestion of plants
that are naturally growing, potted or part of a maintained landscape,
nor shall it include unintentional poisoning of an animal due to the
animal's ingestion of bugs, reptiles, and other animals. For
the purposes of this section, "recklessly" shall mean that a reasonable
person should have known under the given circumstances that he or
she was exposing the animal to poison or a poisonous substance.
B.
It shall be unlawful for any person to feed an animal any controlled
substance without the authorization of a veterinarian, or to impair
the physical condition of an animal by non-therapeutic administration
of a drug or narcotic not legally permitted or licensed for the purpose
for which it is administered. This provision does not apply to animal
control officers or veterinarians in the performance of their duties.
Every person who shall own, keep or harbor any dog or dogs, either male or female, within the boundaries of the Borough of Merchantville who has been adjudicated to be a "potentially dangerous dog" by the Municipal Court of the Borough of Merchantville, or by any Court of competent jurisdiction within the State of New Jersey, pursuant to N.J.S.A. 4:19-24, shall apply for and procure from the Borough Clerk a license and official red metal registration tag for such dog and pay for the said license a fee as directed in § 9-16F of this chapter. Additionally, the applicant shall also pay any additional fee or fees imposed by statute for the benefit of a special fund or funds, pertaining to dogs, such fee or fees to be disposed of as provided by statute.
It shall be unlawful for any person, firm or corporation to keep, stable, breed or quarter livestock or fowl as defined in § 9-1 of this chapter within the corporate limits of the Borough of Merchantville. This term shall not include the keeping of cats, dogs or other domestic animals within the limits of the Borough of Merchantville.
[Added 9-12-16 by Ord. No. 2016-12; amended 7-8-2019 by Ord. No. 19-07]
[Added 9-12-16 by Ord. No. 2016-12; amended 7-8-2019 by Ord. No. 19-07]
A.
The following shall be eligible to the keep backyard chickens in the Borough of Merchantville, subject to the rules and regulations as specified in §§ 9-56.1 through 9-56.5 of this chapter: residents of single-family homes or residents of "twin" homes or "row" homes which meet the criteria set forth in this section.
B.
Any household issued a license for the keeping of backyard chickens prior to the adoption of this amendment shall retain said license. Any other household wanting to participate may be considered on an individual basis by the Chicken Advisory Board established pursuant to § 9-57 in conjunction with the liaison to the governing body.
C.
There shall be a limit of eight chickens per license. No roosters
are permitted.
D.
The coop and enclosed run shall not exceed six feet in height and
be kept at least 10 feet from the habitable portion of the neighboring
residential dwelling. Garages, attached or otherwise, and accessory
buildings shall not be considered a "residential dwelling" for purposes
of calculating the required distance. Chickens may roam outside of
the coop area in a backyard suitably fenced to keep them contained,
provided that a person age 18 or older is present the entire time.
[Added 9-26-2016 by Ord.
No. 2016-14; amended 7-8-2019 by Ord. No. 19-07]
Consistent with the provisions of this chapter, no person shall
keep chickens on his/her property without first obtaining a license
from the Borough Clerk's office and paying the required fee therefor.
No license shall be issued unless the applicant therefor has demonstrated
compliance with all criteria set forth in this section.
A.
An annual fee of $25 shall be paid for each license issued under
this section for one to eight chickens. Licenses shall be renewed
annually and shall expire on December 31 of the calendar year.
B.
The applicant must reside on the property in which the chickens subject
to the license are to be housed. If applicant is a renter and/or tenant
and/or occupier of the property where chickens are to be housed, the
applicant must have completed the "Property Owner/Landlord Permission
Affidavit" portion of the license application, properly executed by
the property owner or landlord and duly notarized.
C.
A new licensee, who was maintaining chickens at the time of the passage
of this section, may be issued a license for more than the permitted
number of chickens to allow such person(s) to come into compliance
with this section through the natural expiration of their chickens.
D.
No license shall be issued unless the applicant desiring to keep
backyard chickens has taken a class on the basics of raising backyard
chickens acceptable to the Chicken Advisory Board. Proof of completion
of such class must be presented with the completed application. The
Chicken Advisory Board will provide a class or refer the applicant
to an acceptable backyard chicken keeping class as needed. A member
of the Chicken Advisory Board will review the application with the
applicant prior to final submission.
[Added 9-12-16 by Ord. No. 2016-12; amended 7-8-2019 by Ord. No. 19-07]
The following regulations and conditions for the keeping and
housing of chickens shall be complied with:
A.
The coop shall be the appropriate size for the number of chickens.
B.
The coop shall be dry and well-ventilated with windows to admit sunlight.
C.
The coop must be kept clean.
D.
The coop and enclosed run must be made predator-proof.
E.
Clean water must be provided, and food must be kept tightly closed
in a metal container away from the coop and run at night.
F.
The yard in the area where the coop is located shall be clean and
free from odors.
G.
There shall be no slaughter of chickens in Merchantville.
H.
Waste will be handled in such a way as proper composting to prevent
offensive odors or disposed in an environmentally friendly manner.
I.
There shall be no selling of eggs.
[Added 9-12-16 by Ord. No. 2016-12; amended 7-8-2019 by Ord. No. 19-07]
A.
A Chicken Advisory Board consisting of five members of the community
shall be formed and maintained. The Chair and members of this Board
will be appointed to a two-year term by the Mayor, with advice and
consent of Borough Council. The Chair and Board members shall select
the Vice Chair and Secretary of the Board. The Board shall meet on
a regular basis and keep minutes, which shall be submitted along with
quarterly reports to the Borough Council. These reports will include
any activities of the Board, as well as any complaints from residents
concerning backyard chickens and the resolution, if any, of those
complaints.
B.
When a complaint is received by the Borough, it will be forwarded
to the Board for investigation by the Board. If the Board finds a
violation of this chapter, solutions will be discussed with the offending
resident to allow him/her to meet the requirements of this chapter
as soon as possible. However, if, after 15 days, the violation has
not been remedied, the Borough Code Enforcement Officer will be notified
so that enforcement proceedings can be implemented. The Chicken Advisory
Board will assist anyone desiring to no longer participate in the
backyard chicken program to relocate his/her chickens.
[Added 9-12-16 by Ord. No. 2016-12; amended 7-8-2019 by Ord. No. 19-07]
Subject to the provisions of § 9-56.5B of this chapter, the Code Enforcement Officer is hereby empowered to revoke the license held by any person who violates any of the provisions of this chapter. A licensee may appeal the decision of the Code Enforcement Officer revoking his/her license to the Chicken Advisory Board, by filing an appeal, in writing, to the Chicken Advisory Board within five days of the effective date of the license revocation. Within 10 days of its receipt of such an appeal, the Chicken Advisory Board shall schedule a hearing to determine if the license issued under this chapter should be reinstated. Notice of the time and place of such hearing shall be served, in writing, upon the licensee. The Chicken Advisory Board shall only reinstate the license issued under this chapter upon proof by the licensee that the violation(s) of the provision(s) of this chapter have been cured.
Any person, firm or corporation who or which shall violate any of the provisions of this chapter shall, upon conviction thereof, be liable for penalties or any combination thereof as set forth in § 1-9 of the Code of the Borough of Merchantville, in the discretion of the Judge of the Municipal Court before whom such violation is heard and conviction made. Each day that a violation occurs shall be deemed a separate and distinct violation, subject to the penalty provisions of this chapter.
