[Editor's Note: Ordinance Nos. 1424, 1502, 1517, 1585
and 1764 previously contained herein were superseded in their entirety
by Ord. No. 2042.]
[Ord. #2042]
As used in this chapter:
Shall mean to seize with teeth or jaws so as to enter, nip
or grip the person or thing seized; also to cut, wound, pierce or
to impress deeply the person or thing seized.
Shall mean any male or female cat, spayed, or otherwise.
Shall mean any male or female dog, bitch or spayed bitch.
Shall mean any dog or cat which has attained the age of seven
months or which possesses a set of permanent teeth.
Shall be deemed to include those animals native to the region
which are tame by nature or from time immemorial have been accustomed
to the social association of humans, have been subjected to their
will and have no disposition to escape domain. Farm and wild animals
as defined hereafter shall be excluded from this designation. For
the purposes of this section fish, water breathing animals, birds
and rabbits shall be excluded in this category.
Shall be deemed to include those domesticated animals which
have historically been used in, by or for the production of agricultural
income or products, or which are generally assumed by prevailing community
standards to be associated with farm or agricultural uses, without
regard to whether a specific animal is considered a pet or domesticated
by its keeper or possessor. By way of example and not by limitation
farm animals shall include sheep, goats, cattle, swine, horses, chickens
and ducks.
Shall mean any establishment wherein or whereon the business
of boarding, breeding or selling dogs or cats or breeding dogs or
cats for sale is carried on, except a pet shop.
When applied to the proprietorship of a dog or cat, includes
every person having a right to property in such dog or cat and every
person who has such dog or cat in his keeping.
Shall mean any enclosed area outdoors to which an animal
is restricted.
Shall mean any establishment where dogs and cats are cared
for, groomed, clipped and the like.
Shall mean any room or group of rooms, store or stores, cage
or exhibition pen, not part of a kennel, wherein dogs, cats or other
animals for sale are kept and/or displayed.
Shall mean any establishment for the confinement of dogs
or cats seized either under the provisions of this chapter or any
other law, or to which dogs and cats may be delivered by the owner.
Shall mean any establishment where dogs or cats are received,
housed and distributed with or without charge.
Shall be deemed to include those members of the animal kingdom
wild by nature, which because of habitat, mode of life or natural
instinct, are not customarily tame, and require the exercise of art,
force or skill to keep them in subjection, without regard to whether
a specific animal is considered a pet or domesticated by its keeper
or possessor.
[Ord. #2042; Ord. #2475, § I]
a.
No person shall own, keep or harbor any dog or cat within the township
except in compliance with the provision of this chapter, and unless
they first obtain a license and official metal registration tag therefor
issued by the health department upon application by the owner and
payment of the prescribed fee.
[Ord. #2042; Ord. #2475, § I]
Any person who shall own, keep or harbor a dog or cat of licensing
age in the township shall, in the month of January in each year, show
proof of rabies inoculation covering the full yearly licensing time
period, apply for and procure from the health department a license
and official metal registration tag for each such dog or cat so owned,
kept or harbored, and shall place upon each such dog or cat a collar
or harness with the registration tag securely fastened thereto.
[Ord. #2042]
The owner of any newly acquired dog or cat of licensing age
or of any dog or cat which attains licensing age, shall apply for
a license and registration tag for such dog or cat within 10 days
after such acquisition or age attainment.
[Ord. #2042]
a.
Any person who shall bring or cause to be brought into the township
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 township for a period of more than 60 days,
shall immediately apply for a license and registration tag for each
such dog or cat.
b.
Any person who shall bring or cause to be brought into the township
any unlicensed dog or cat and shall keep the same or permit the same
to be kept within the township for a period of more than 10 days,
shall immediately apply for a license and registration tag for each
such dog or cat.
[Ord. #2042]
[Ord. #2042; Ord. #2475, § I]
a.
The application shall state: the breed, sex, age, color and markings
of the dog or cat for which the license and registration are bought,
and whether it is of a long-haired or short-haired variety; the name,
telephone number, street and post office address of the owner and
the person who shall keep or harbor such dog or cat.
b.
Registration numbers shall be issued in the order of the application.
c.
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 health department. In addition, the health department shall
forward to the State Department an accurate account of registration
numbers issued or otherwise disposed of.
[Ord. #2042; Ord. #2048; Ord. #2149 § I; Ord. #2475,
§ I; Ord. #2662, § 1]
a.
License Fees for Dogs. The person applying for the license and registration
tag shall pay to the health department a fee of $10 for the licensing
of each spayed or neutered dog and $15 for each unspayed or unneutered
dog. Each license and tag shall be renewed annually in January, and
for each annual renewal, the fee for the license and for the registration
tag shall be the same as for the original license and registration
tag. Said licenses, registration tags and renewals thereof shall expire
on the last day of January in each year.
b.
Proof of Spaying. In order to qualify as a spayed or neutered dog
or cat, an owner must show a certificate of same, or sign an affidavit
stating that the animal is spayed.
c.
"Seeing Eye" Dogs. Dogs used as guides for blind persons and commonly
known as "seeing eye" dogs shall be licensed and registered as other
dogs as hereinabove provided for, except that the owner or keeper
of such dog shall not be required to pay any fee therefor.
d.
License Fees for Cats. The annual license fee for cats over seven
months of age shall be $5 for each spayed or neutered cat, and $10
for each unspayed or unneutered cat. The fees collected under this
paragraph d shall be deposited in the general fund of the township.
e.
Potentially Dangerous Dog. The annual license fee for a dog ruled
to be potentially dangerous pursuant to N.J.S.A. 4:19-17 et seq. shall
be $700.
f.
Late Fees. Unless an owner can submit satisfactory proof to the Health
Department that a dog or cat was acquired no more than 15 days prior
to the application, a late fee of $10 shall be added to the license
fee if the annual license fee is -not paid by January 31, and a summons
of $100 shall be issued, together with the license and late fees,
if the annual license fee is not paid by March 1.
[Ord. #2042; Ord. #2662, § 1]
If at the time of registration the record owner of the dog or
cat is 62 years of age or older, the owner of a dog shall pay $5 for
the dog license fee if the dog is spayed or neutered; the owner of
a cat shall pay $3 for the cat license if the cat is spayed or neutered.
[Ord. #2042; Ord. § 2475]
a.
License fees and other monies collected or received under the provisions
of this chapter, except registration tag fees, shall be forwarded
to the township treasurer within 30 days after collection or receipt.
b.
Such fees and other monies shall be placed in a separate account
from any of the other accounts of the township, and shall be used
only for the purposes permitted by R.S. 4:19-15.11.
c.
The registration tag fees shall be forwarded by the health department,
within 30 days after collection, to the State Department of Health,
as prescribed by R.S. 4:19-15.11.
[Ord. #2042; Ord. #2475]
License forms and uniform official metal registration tags designed
by the State Department of Health shall be furnished by the health
department and shall bear the year of issuance and the name of the
township.
[Ord. #2042]
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.
[Ord. #2042]
a.
The commissioners of the department of public affairs with the approval
of the board of commissioners, shall have the power to appoint annually
an animal canvasser.
c.
Nothing contained in this section shall be construed as limiting
the authority of the health officer or chief of police or members
of the police department to enforce the provisions of this chapter
when in the interest of health and safety they deem it necessary.
[Ord. #2042]
The chief of police of the township, animal canvasser or such
other person designated for the purposes by resolution of the commissioner,
shall cause a canvass to be made of all dogs and cats owned, kept
or harbored within the limits of the township shall, on or before
September 1 of each year, make reports to the township clerk, the
department of health of the township, and the state department of
health of the result thereof, setting forth in separate columns:
a.
The names and addresses of persons owning, keeping or harboring such
dogs or cats;
b.
The number of licensed dogs or cats owned, kept or harbored by each
of said persons, together with the registration numbers of each of
the dogs or cats;
c.
The number of unlicensed dogs or cats owned, kept or harbored by
each of said persons, together with the complete description of each
of the unlicensed dogs or cats.
[Ord. #2042]
The chief of police, animal canvasser or any other person authorized
or employed by the township for that purpose, shall have the authority
to issue and sign summons and complaints for any violations under
this chapter and to take into custody and impound or cause to be taken
into custody and impounded, the following:
a.
Any dog or cat off the premises of the owner or of the person keeping
or harboring the dog, which the official or his agent or agents has
reason to believe is a stray dog or cat;
b.
Any dog or cat off the premises of the owner or of the person keeping
or harboring the dog or cat, without a current registration tag on
his collar;
c.
Any female dog or cat in season off the premises of the owner or
of the person keeping or harboring the dog or cat;
[Ord. #2042]
a.
If any dog or cat is seized as provided in paragraphs a to c and any dog seized as provided in paragraph d of subsection 9-2.3 wears a collar or harness having inscribed thereon or attached thereto the name and address of any person, or a registration tag, or if the owner or the person keeping or harboring the dog or cat is otherwise known, the chief of police, animal canvasser or any person authorized by him in that behalf shall forthwith serve or cause to be served on the person whose address is given on the collar, or on the owner or on the person keeping or harboring the dog or cat, if known, a notice in writing stating that the dog or cat has been seized and will be liable to be disposed of or destroyed if not claimed within seven days after the service of the notice.
b.
The notice referred to in paragraph a of this subsection 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 the person at his usual or
last known place of abode or to the address given on the collar.
c.
When any dog or cat seized in accordance with paragraphs a to c and any dog seized in accordance with paragraph d of subsection 9-2.3 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 notice has not been and cannot be given as above set forth, and if the owner or person keeping or harboring the dog or cat has not claimed the dog or cat and paid all expenses incurred by reason of its detention, including maintenance not exceeding the daily rate charged by the health officer, animal canvasser or other authorized person by the township in accordance with the terms of the contract and resolution relating to the keeping and holding of dogs or cats, entered into by the township for the year within which the dog or cat is impounded, and if the dog or cat be unlicensed at the time of the seizure and the owner or person keeping or harboring the dog or cat has not produced a license and registration tag for the dog or cat, the chief of police, animal canvasser or any person authorized by him in that behalf or authorized by the township may cause the dog or cat to be destroyed in a manner recommended by the American Veterinarian Medical Association.
[Ord. #2042]
Any person or agent authorized to or empowered to perform any
duty under this chapter is hereby authorized to go upon any premises
to seize for impounding any dog or dogs, cat or cats which he may
lawfully seize and impound when he is in immediate pursuit of such
dog or dogs, cat or cats except upon the premises of the owner of
the dog or cat, if the owner is present and forbids the same.
[Ord. #2042]
No person shall hinder, molest or interfere with anyone authorized
or empowered to perform any duty under this chapter.
[Ord. #2042; Ord. #2048]
a.
No person shall keep or harbor any dog or cat in the township except
in compliance with the provisions of this chapter.
b.
No more than four dogs or cats of licensing age shall be kept, maintained
or harbored at one time for any length of time in any residential
housing unit or on its grounds, or in any business establishment or
on its grounds, except that no animals, other than seeing eye dogs,
are permitted in any licensed retail food establishments. This restriction
shall not apply to properly licensed kennels, pet shops, pounds and
shelters. The provisions of this subsection shall become effective
after passage and publication as prescribed by law.
c.
No person owning or having the care, custody or control of any dog
shall suffer or permit such dog to soil or defile or to commit any
nuisance upon any sidewalk, passageway, street, or thoroughfare, in
or upon any public park, play area, or any place where people congregate
or walk, or other public place of public property, or in or upon the
property of persons other than the owner or person having the care,
custody or control of such dog. The above mentioned restrictions shall
not apply to that portion of the street lying immediately adjacent
to the curb line or street edge, which portion shall be used to curb
said dog under the following conditions:
1.
The person who so curbs such dog shall immediately remove all feces
deposited by such dog by any sanitary method approved by the local
health authority.
2.
The feces removed from the aforementioned designated area shall be
disposed of by the person owning, harboring, keeping, or in charge
of any dog curbed, in accordance with the provisions of this subsection,
in a sanitary manner approved by the local health authority.
d.
No person owning or having the care, custody or control of any dog
or cat shall suffer or permit such dog or cat to:
e.
The habitual barking, howling, whining or crying of a dog or dogs
or the howling of a cat or cats in the Township of Lyndhurst is hereby
declared to be a disturbing noise within the meaning of N.J.S.A. 40:48-1,
Subsection 8, and a nuisance.
[Ord. #2042]
a.
No person owning, keeping, harboring or having the care, custody,
or control of any dog shall suffer or permit it to run at large. Every
dog shall be led by a chain, cord or other leash in the hands of a
person capable of leading and controlling such dog.
[Ord. #2042]
a.
No person shall be cruel or inhumane to a dog or cat, said cruelty
and inhumanity consisting of beating, torturing, mutilating, cruelly
killing or clearly failing to provide food, drink or shelter for a
dog or cat or abandoning any dog or cat of which he has charge either
as owner or otherwise.
b.
No person owning, keeping, harboring or having the care, custody
or control of any dog or cat shall abandon such a maimed, sick, infirm
or disabled animal or creature to die.
[Ord. #2042]
a.
Any dog or cat which has attacked or bitten any human being, or which
habitually attacks other dogs or cats or domestic animals, is hereby
presumed to be a vicious dog or cat for the purposes of this subsection,
until further determination of facts are made as hereinafter provided.
b.
It shall be the duty of the chief of the department, animal canvasser,
or any person authorized by him or the governing body of the township,
to receive and investigate complaints against dogs or cats, and when
any dog or cat complained against shall be deemed by such chief of
the police department or animal canvasser to be a vicious dog or cat,
as herein defined, the said officer shall file a complaint in the
municipal court of the township, which shall thereupon cause the owner
or person harboring such dog or cat to be notified in writing of the
complaint, and to appear before the municipal court judge at a stated
time and place. Pending the disposition of the complaints, the chief
of police, animal canvasser, or such other authorized person may order
the dog or cat muzzled and leashed while being walked, and at all
other times confined.
c.
The municipal court judge, at the time set for such hearing, shall
inquire into the facts and give all interested persons an opportunity
to be heard, under oath, and to be represented by counsel, and the
municipal court judge shall decide in accordance with such evidence
before him, and if the municipal court judge shall decide that such
dog or cat complained of is a vicious dog or cat, as defined by this
subsection, notice of such decision shall be given to the owner or
person harboring such dog or cat.
d.
No dog or cat which has been so determined to be a vicious dog or
cat shall be permitted to run at large, or be upon any street or public
place in the township, except while securely muzzled and under leash,
and the owner or person harboring any such vicious dog or cat who
shall suffer or permit such dog or cat to be upon any street, public
place or private property in the township, other than the property
of the owner or person harboring such dog, while not securely muzzled
and under leash, shall be guilty of a violation of this chapter.
[Ord. #2042]
The keeping of any wild animal is prohibited, unless issued
a license by fish and game department.
[Ord. #2042; Ord. #2738, § 1]
a.
The keeping of any farm animal is prohibited unless a special revocable
permit covering the premises is issued by the health officer and such
permit, if granted, shall place such restrictions as to number and
care as the health officer deems appropriate and reasonable. The permit
shall designate a particular premises and shall not be transferable.
No permit is to be granted to any person when the keeping or raising
of the animal, because of the nature or characteristics thereof, would
be detrimental to the general health or peace and quiet of the residents
of the neighborhood wherein the premises are located.
b.
Notwithstanding anything to the contrary in paragraph a of this subsection
above, any person who owns, operates, establishes, or maintains a
chicken coop in the township shall apply to the health officer for
a license for such purpose commencing in 2010. The chicken coop shall
be subject to annual inspections by the health inspector. The annual
license fee shall be $25.
[Ord. #2042]
a.
The keeping of more than four domestic animals of the same species
is prohibited unless a special revocable permit covering the premises
is issued by the health officer and such permit, if granted, shall
place such restrictions as the number and care as the health officer
deems appropriate and reasonable. The permit shall designate a particular
premises and shall not be transferable. No permit is to be granted
to any person when the keeping or raising of the animal, because of
the nature or characteristics thereof, would be detrimental to the
general health or peace and quiet of the residents of the neighborhood
wherein the premises are located.
b.
The numerical limitation shall not apply to fish or other water breathing
animals.
c.
The numerical limitation referred to shall not apply to carrier and
homing pigeons presently registered with the Lyndhurst Homing Club,
so long as they remain registered at their present premises.
[Ord. #2042; Ord. #2048]
a.
No animal shall be allowed to run at large outdoors. When outdoors,
all animals shall be restrained within the owner's property lines.
b.
Whenever a dog or cat is kept indoors, no more than two dogs or cats
is permitted per 800 square feet of living space.
c.
All animals, excluding fish and water breathing animals, kept outdoors
shall be provided with suitable housing located no closer than five
feet from the property line and having and providing the following
minimal characteristics:
d.
The health officer or animal canvasser may at any reasonable time,
enter the premises where any animal is kept or housed.
e.
When the health officer or animal canvasser shall hereafter have
reason to believe that a wild animal is being kept, maintained, harbored
or possessed by any person within the township, without proper permits,
he shall thereupon cause to be issued a notice to such person of classification
of such animal as wild. Such notice shall be sent by certified mail
to such person, at the post office address of the place wherein or
where-upon such animal is being kept, maintained, harbored or possessed.
Such person shall thereupon have 15 days from the date of mailing
of such notice within which to cause the removal of such wild animal
from the township.
f.
Any license or permit issued under the provisions of this chapter
may be revoked at any time by the health officer for just cause, or
if the permittee, or any of the employees, agents or servants of such
permittee shall violate:
1.
Any of the provision of this chapter;
2.
The Sanitary Code of the State Department of Health, specifically
applicable to the subject matter for or upon which such permit was
issued.
Before a permit may be revoked, the holder thereof shall be
given a hearing and an opportunity to be heard on the complaint made
or the violation charged against them. The time and place for such
hearing shall be fixed at the discretion of the health officer. Notice
of the time and place of any hearing held under this section shall
be given by the health officer to the holder of the permit so involved
personally or sent to them by registered mail, addressed to them at
the address stated in the permit. A licensee or permittee who fails
to appear at the time and place fixed for such hearing shall not be
entitled to any further hearing and in that event his license or permit
may, as a matter of course, be forthwith revoked.
[Ord. #2042]
a.
No
person shall own, harbor or keep any dog or cat within the township
which is not currently inoculated against rabies, provided, however,
that animals which have not attained the age of six months shall not
be required to be inoculated and further provided that any animal
may be exempt from the requirements of such inoculation, for a specified
period of time, by the department of health, upon the presentation
of a certificate from a veterinarian stating that because of identity
or other physical condition, the inoculation of such animal for the
specified period of time shall be deemed inadvisable by the veterinarian.
b.
Inoculations
shall be made by a duly licensed veterinarian of the State of New
Jersey or such other person permitted by law to make the same and
approved by the township board of health.
c.
Whenever
a dog, cat or other animal is infected with rabies or suspected of
being infected with rabies, or has been bitten by an animal infected
with rabies or suspected of being infected with rabies, the person
owning or having the care, custody or control of any such animal,
or any person having knowledge or suspicion of such infection, shall
notify the township board of health and/or the chief of police of
the township or the person in charge of the police department at the
given time immediately. Any such report shall be reduced to writing
at the request of the board of health of the township.
d.
If
a dog or cat or other animal is known or believed to have rabies or
has been bitten by a dog or cat or other animal known or suspected
of having rabies, the owner of such animal shall be notified in writing
to have the animal confined for a period of not less than six months,
or such lesser period of specified by the state department of health,
and placed under observation of a veterinarian at the expense of the
owner for such period.
e.
Any
animal confined under order of the township board of health shall
not be released until a certificate of release has been issued by
the said Board.
f.
Whenever
it becomes necessary to safeguard the public from the danger of rabies,
the mayor, upon recommendation of the township board of health, shall
issue a proclamation ordering every person owning or keeping a dog,
cat or other animal to confine it securely on his premises unless
such animal shall have a muzzle and leash of sufficient strength to
prevent the biting of any person.
g.
Any
such animal running at large during the time of the proclamation shall
be seized and impounded, unless noticeably infected with rabies.
h.
All
dogs or cats or other animals so noticeably infected with rabies and
displaying vicious propensities shall be killed by the warden or chief
of police, or any other authorized person, after a written diagnosis
of infection by a veterinarian of the State of New Jersey.
i.
The
animal canvasser or chief of police, or any other authorized person,
shall promptly notify in writing the township department of health
and the owner, if known, of the killing and reason for killing of
any dog, cat or other animal in accordance with the provisions of
this subsection.
[Ord. #2669, § 1]
When any person is bitten or attacked by a dog, cat, or other
animal subject to rabies or other like contagious or dangerous disease,
such person, his parents or guardian if he is a minor, the owner of
the animal, or the person having possession or control thereof, the
physician who treats the bite or wound and any veterinarian or lay
person having knowledge of such bite or wound shall immediately notify
the police department, which upon request of such notification, shall
notify the health department to conduct an investigation.
[Ord. #2669, § 1]
[Ord. #2669, § 1]
When the owner or keeper of an animal becomes aware that his
or her dog, cat or other animal has caused a bite, injury or attack,
the owner or keeper of the animal shall in addition to notifying the
Police Department, comply with the following procedures:
a.
The offending animal shall be kept in quarantine at the owner's
home or at a kennel for a minimum of 10 days. The health inspector
shall determine the length of quarantine. The owner or keeper shall
be responsible for all costs involved in the quarantine process.
b.
The offending animal shall be examined by a licensed veterinarian
of the State of New Jersey on the fifth day after the bite, attack
or injury. Proof of such examination shall be provided to the health
inspector within 24 hours. If the health inspector is available, the
health inspector's examination of the offending animal will be
sufficient for this fifth day examination, and if necessary, the examination
at the time halfway through the quarantine period.
c.
The offending animal shall be reexamined by a licensed veterinarian
of the State of New Jersey at the end of the ten day quarantine. If
the required quarantine is a longer length than 10 days, the owner
or keeper shall have the offending animal reexamined by the veterinarian
halfway through the quarantine and then again at the conclusion of
the quarantine.
d.
A written report to end the quarantine period shall be submitted
and signed by the veterinarian and sent to the township's health
department within 24 hours.
[Ord. #2042; Ord. #2669, § 1]
a.
Any person who keeps or operates or proposes to establish a kennel,
pet shop, shelter, pound or pet grooming and service establishment
in the township shall apply to the township clerk for a license entitling
him to keep or operate such establishment.
b.
Any person holding such license as is referred to in paragraph a
of this subsection shall not be required to secure individual licenses
for dogs owned by such licensee and kept at such establishments.
[Ord. #2042; Ord. #2669, § 1]
The application for a license under this chapter shall describe
the premises where the establishment is located or is proposed to
be located, the purpose or purposes for which it is to be maintained,
and shall be accompanied by the written approval of the department
of health of the township, showing compliance with the local and state
rules and regulations governing location of and sanitation at such
establishments.
[Ord. #2042; Ord. #2669, § 1; Ord. #2806-11]
a.
All licenses issued under this chapter for a kennel, pet shop, shelter,
pound or pet grooming and service establishment shall state the purpose
for which the establishment is maintained, and shall not be transferable
to another owner or different premises. Such licenses shall expire
on the last day of December of each year.
b.
All such licenses shall be subject to revocation by the commissioners
on recommendation of the state department of health or the department
of health of the township, for any failure to comply with the rules
and regulations of the state department of health or the department
of health of the township governing the same after the owner has been
afforded a hearing by either the state department of health or the
department of health of the township.
[Ord. #2042; Ord. #2248, § II; Ord. #2669, § 1]
The annual license fee for a kennel providing accommodations
for ten or less dogs shall be $25, and for more than 10 dogs, $50.
The annual license fee for a pet shop shall be $25. The annual license
fee for a pet grooming and service establishment shall be $200. No
license fee shall be charged for a shelter or pound.
[Ord. #2042; Ord. #2669, § 1; Ord.
No. 2806-11]
No dog or cat kept in a kennel, pet shop, shelter, pound or
pet grooming and service establishment shall be permitted off such
premises, except on a leash or in a crate or other safe control.
[Ord. No. 2806-11]
a.
Any person or entity which operates or establishes a kennel, pet
shop, pound or shelter shall be subject to and comply with the requirements
and regulations established under the New Jersey Administrative Code
with respect to Animal Facility Operation, N.J.A.C. 8:23A-1.1 et seq.,
and by the County of Bergen and Township of Lyndhurst health department.
b.
Pet grooming and service establishments shall be subject to and comply
with the following requirements and regulations:
1.
A file on each pet groomed must be kept and maintained on site for
a period of three years, which file shall include the following information:
the pet's name, age and breed; the owner's name, address
and telephone number; documentary proof that the pet's rabies
and immunization vaccines and inoculations are current; and dates
of pet grooming services, description of services performed and price
charged for such service.
2.
A daily log of all pets groomed shall be kept and maintained on site
for a period of three years.
3.
No pet shall be kept at the establishment's premises at any
time other than the day it is being groomed.
4.
All pets shall be protected from injury and predators, and shall
be provided with food and water, as necessary.
5.
No pet shall be permitted on the premises unless such pet has received
its first rabies shot and documentation of such is on premises.
6.
No foster pet shall be permitted on the premises.
7.
All federal, state, county and local requirements and regulations.
[Ord. #2042; Ord. #2669, § 1; Ord. #2806-11]
The township clerk shall forward to the state department of
health a list of all kennels, pet shops, shelters or pounds licensed
by the township 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.
[Ord. #2042; Ord. #2669, § 1; Ord. #2806-11]
a.
Any person who fails or refuses to comply with the provisions of subsections 9-1.2, 9-1.3, 9-1.4, 9-1.5, 9-1.13, 9-2.6, 9-3.1, 9-3.3, 9-5, 9-7.1, or 9-7.5 or 9-7.6 of this chapter or with the rules and regulations promulgated by the state department of health governing the sanitary conduct and operation of kennels, pet shops, shelters, pet grooming and service establishments and pounds to preserve sanitation therein and to prevent the spread of rabies and other diseases of dogs, cats or other animals within and from such establishments, shall be liable for a penalty of not less than $50, nor more than $500 for each offense, to be recovered by and in the name of the township in the municipal court. Any person who violates, fails or refuses to comply with the provisions of Section 9-6 of this chapter shall be liable for a penalty not to exceed $1,000 for each offense. A person who refuses or neglects to pay forthwith the amount of a judgment rendered against him and the costs and charges incident thereto may be committed by the judge of the municipal court for a period not exceeding 10 days in the case of a first conviction, and, in the case of a second, subsequent or continuing violation, for a term not exceeding 30 days.
b.
Any persons who violate or refuse to comply with the provisions of subsection 9-3.4, upon conviction thereof, in the municipal court shall be punished by a fine not to exceed $500, or, by imprisonment, for a term not exceeding 30 days or both for the first offense, and by a fine not less than $500 and not to exceed $1,000 or to imprisonment in the county jail for up to 90 days or both for each subsequent offense.
[Ord. #2042; Ord. #2669, § 1]
[Ord. No. 2957-16]
As used in this Section:
Shall mean any agency contracted or hired by the Township
to coordinate and monitor the TNR Program.
Shall mean any person who provides food, water and shelter
to or otherwise cares for a cat.
Shall mean any person or agency employed by the Township
of Lyndhurst or appointed by the Township who is authorized to investigate
violations of laws, regulations concerning cats, and to issue citations
in accordance with New Jersey law and this section.
Shall mean a cat that is socialized to humans and is appropriate
as a companion for humans.
Shall mean a straight-line cutting of the tip of the left
ear of a cat by a licensed veterinarian while the cat is anesthetized.
Shall mean to give, place, expose, deposit, distribute or
scatter any edible material.
Shall mean a cat which is completely or substantially unsocialized
to humans. The usual and consistent temperament of a feral cat is
extreme fear and resistance to contact with humans. Feral cats are
either born in the wild, the offspring of tame or feral cats and not
socialized; or formerly tame cats who have been abandoned and have
reverted to an untamed state.
Shall mean an individual feral cat or a group of cats which
congregate together outside as a unit. Any non-feral cats who congregate
with a multiple-cat colony shall be deemed part of it.
Shall mean disturbing the peace by habitually or continually
howling, crying or screaming, or the unreasonable destruction, desecration
or soiling of property against the wishes of the owner of the property.
Shall mean any person, firm, corporation, partnership, association,
trust, estate, or any other legal entity.
Shall mean a cat which is regularly off the property of the
owner, is not under physical control and restraint of the owner and
is not regularly provided with food by the owner.
Shall mean shelter that provides protection from rain, sun
and other elements that is adequate to protect the health of the cat.
Shall mean a cat which is socialized to humans and is appropriate
as a companion for humans.
Shall mean Trap, Neuter and Return.
Shall mean any person or entity appointed by the Township
Commission who will perform the duties and responsibilities as established
in this section.
Shall mean a program pursuant to which feral and stray cats
are trapped, neutered or spayed, vaccinated against rabies, ear-tipped
and returned to the location where they congregate.
[Ord. No. 2957-16]
Feral cat colonies shall be permitted and caregivers shall be
entitled to maintain them in accordance with the terms and conditions
of this section.
[Ord. No. 2957-16]
It shall be the duty of the animal control provider to:
[Ord. No. 2957-16]
It shall be the duty of the TNR Committee to:
a.
Help resolve any complaints over the conduct of a colony caregiver
or of cats within a colony;
b.
Maintain records provided by colony caregivers on the registration,
size and location of the colonies, as well as the vaccination and
spay/neuter records of cats in the caregiver's colonies;
c.
Report semiannually in writing to the Township's Code Official
on the status of the colony, including data on the number and gender
of all cats in the colony, the number of cats who died or otherwise
ceased being a part of the colony during the prior six-month period,
the number of kittens born to colony cats and their disposition, the
number of cats and kittens spayed and neutered and the number of cats
and kitten placed in permanent homes as companion cats.
d.
Provide the semi-annual report forms to caregivers and provide assistance
on request by the caregiver in the preparation of the forms.
[Ord. No. 2957-16]
It shall be the duty of the feral cat caregivers to:
a.
Register the feral cat colony with the TNR Committee;
b.
Take steps to vaccinate the colony population for rabies and update
the required vaccination protocols whenever possible; take steps to
get all cats in the colony population spayed/neutered by a licensed
veterinarian;
c.
Maintain digital photos of each cat in the colony and copies of documents
evidencing that the cats have been vaccinated, spayed/neutered and
ear-tipped; providing food, water and, if feasible, suitable shelter
for colony cats;
d.
Observe the colony cats and keep a record of any illnesses or unusual
behavior noticed in any colony cats;
e.
Obtain the written approval of owners of any property to which the
caregiver requires access to provide colony care;
f.
Take steps, in the event that kittens are born to a colony cat, to
remove the kittens from the colony after they have been weaned, and
place the kittens in homes, foster homes, or with animal shelter,
rescue organizations or veterinary offices for the purpose of subsequent
permanent placement;
g.
Report semiannually in writing to the TNR Committee on the status
of the colony the total number of cats in the colony, including data
on the number and gender of all cats in the colony, the number of
cats who died or otherwise ceased being a part of the colony during
the prior six-month period, the number of kittens born to colony cats
and their disposition, the number of cats and kittens spayed and neutered
and the number of cats and kittens placed in permanent homes as companion
cats;
h.
Obtaining proper medical attention for any colony cat who appears
to require it;
i.
Undergoing training for themselves and their responsible substitutes
in the property management of a colony as developed and verified by
the Animal Control;
j.
Setting up consistent and monitored feeding schedules. Feeding shall
be limited to daylight hours. All remaining food must be removed daily;
k.
"Ear-tip" all cats with a single cut preferably on the left ear.
[Ord. No. 2957-16]
The following Ordinances of the Township of Lyndhurst shall
not apply to feral cat colonies managed by the TNR Program or to any
person or organization that is providing care for a feral cat colony
and as taking steps to trap and sterilize the animals:
[Ord. No. 2957-16]
Any person undertaking the duties and responsibilities of a
cat colony caregiver shall first be registered with the Committee
at no cost. A registered caregiver shall not be considered an owner
in or be subject to regulations governing ownership or control of
an animal, except as specified in this section.
[Ord. No. 2957-16]
The Township shall retain the following rights:
a.
The right to seize or remove from a colony cats which have not been
vaccinated against rabies and who are demonstrating signs of disease.
b.
The right to seize or remove from a colony a cat which is creating
a nuisance after the caregiver and sponsor have been given 60 days
to resolve the complaint or remove and relocate the cat and have failed
to do so.
c.
The right to seize or remove a colony of cats when the caregiver
regularly fails to comply with the requirements of this section and
the TNR Committee has not been able to obtain a replacement or substitute
caregiver within 60 days of the Town's notice to the Committee
of the caregiver's failure to comply with this section.
d.
The right to replace or remove a caregiver who fails to comply with
the responsibilities and requirements of this section after reasonable
notice is provided to the caregiver of noncompliance.
[Ord. No. 2957-16]
The requirements of this section notwithstanding, Code Officials
and Police Officers may investigate any nuisance complaint. If a Code
Official or Police Officer determines that an ear-tipped feral cat
colony cat is causing a nuisance as defined by this section, the Code
Official or Police Officer shall contact the TNR Committee and allow
the TNR Committee 60 days to resolve the complaint or remove the cat
before the officer takes further action. The caregiver or TNR Committee
must begin nuisance abatement procedures within 48 hours after being
notified of a nuisance and must take all reasonable steps to resolve
the nuisance in as short a time period as possible, not to exceed
60 days. If the TNR Committee fails to resolve the nuisance or remove
the cat with the 60 days, the Code Official may remove the cat. If
a Code Official or Police Officer reasonably determines that a cat
is injured or poses a significant threat to public health, the Code
Official or Police Officer may reduce the time that the TNR Committee
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 Code Official or Police Officer may remove the cat, but within
24 hours the Township must provide the TNR Committee with notice of
the cat's whereabouts and allow the TNR Committee an opportunity
to retrieve the cat for treatment, return or relocation.
[Ord. No. 2957-16]
This section shall be enforced by the Code Official or Police
Department and any other Department hereinafter designated by the
Township Commissioners.
[Ord. No. 2957-16; Ord. No. 2960-17]
Not later than June 30, 2017, the Township shall study the effectiveness
of the TNR Program and review the continuance of this section. This
section, however, shall continue as provided until specifically rescinded
or amended.
