[Ord. #487; 1976 Code § 96-1; Ord. #1511, § 1;
amended 6-19-2023 by Ord. No. 2010]
As used in this Chapter:
Shall mean any non-profit organization that has tax-exempt
status under Section 501(c)(3) of the United States Internal Revenue
Code, whose mission and practice is, in whole or in significant part,
the rescue and placement of animals in permanent homes. "Animal rescue
organization" does not include any entity that breeds animals or that
(1) is located on the same premises as; (2) has any personnel in common
with; (3) obtains, in exchange for payment or any other form of compensation,
dogs or cats from; or (4) facilitates the sale of dogs or cats obtained
from a person that breeds animals.
Shall mean off the property of the owner and not on a leash.
Shall mean any dog, bitch or spayed bitch.
Shall mean any dog which has attained the age of seven months
or which possesses a set of permanent teeth.
Shall mean to give, place, expose, deposit, distribute or
scatter any edible material with the intention of feeding, attracting
or enticing wildlife. Feeding does not include baiting in the legal
taking of fish and/or game.
Shall mean a noncommercial establishment where one or more
breeds of dog are kept for personal breeding and where the consumer
can directly view the conditions in which the dogs are bred and can
confer directly with the hobby breeder concerning those conditions.
Shall mean that the pet solid waste is removed at once, without
delay.
Shall mean any establishment wherein or whereon the business
of boarding dogs is carried on.
Shall mean to sell, offer for sale or adoption, advertise
for the sale of, barter, auction, give away or otherwise dispose of
a dog or cat.
Shall mean when applied to the proprietorship of a dog or
any other pet, includes every person having a right of property in
such dog or other pet and every person who has such dog or other pet
in his keeping or under his control. A person shall be deemed to have
a dog or other pet in his keeping or under his control whenever the
ownership or custody of such dog or other pet is in an unemancipated
infant or other member of his household.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean a domesticated animal (other than a disability
assistance animal) kept for amusement, companionship or protection
including but not limited to dogs and cats.
Shall mean a commercial retail establishment where dogs and
cats are sold, exchanged, bartered or offered for sale to the general
public. Such definition shall not include an animal rescue organization,
hobby breeder, kennel, or shelter.
Shall mean an establishment for the confinement of dogs seized
under the provisions of either this Chapter, state statutes or otherwise.
Shall mean an animal control center, shelter or pound maintained
by or under contract with any state, county, or municipality, whose
mission and practice is, in whole, or significant part, the rescue
and placement of animals in permanent homes or rescue organizations.
Shall mean the Township of Mahwah in the County of Bergen
and State of New Jersey.
Shall mean any dog, as defined in this subsection, which
attacks and bites or attempts to attack and bite persons or dogs or
other animals without being incited to do so, or which has shown such
savagery, fierceness or ferocity as to indicate that it is a threat
to the safety of persons.
Shall mean all animals that are neither human nor domesticated.
[Ord. #487; 1976 Code § 96-1]
a.
Any person who shall own, keep or harbor a dog of licensing age shall,
within 10 days after the acquisition thereof and annually thereafter
in the month of January, apply for and procure from the Township Clerk
a license and official metal registration tag for each such dog so
owned, kept or harbored and shall place upon each such dog a collar
or harness with the registration tag securely fastened thereto.
b.
Licenses and registration tags may be obtained during the month of
January only on such Saturdays and weekday evenings as shall be designated
by the Township Clerk. In months other than January, license and registration
tags may be obtained from the Township Clerk during regular business
hours.
[Ord. #487; Ord. #755; Ord. #841; 1976 Code § 96-3;
Ord. #976, § 1; New; Ord. #1158, § I]
a.
The person applying for the license and registration tag shall pay a fee of $5.80 for each such license and an additional sum of $1 for the registration tag of each dog and $0.20 for the "Pilot Clinic Fund". For each annual renewal, the fee for the license and registration tag shall be the same as for the original license and tag. The licenses and registration tags, and renewals thereof, shall expire on December 31 of the year of issuance. From February 15 until December 31 of each year, there shall be an additional late registration fee in the amount of $10. An applicant voluntarily paying a late charge prior to issuance of a summons shall not be subject to a summons and fine. After February 15 all persons in violation of subsection 5-2.1, et seq. for failure to obtain a license and registration tag shall be subject to payment of the license fee, registration fee and a summons and fine.
b.
The person applying for the license and registration tag shall pay
an additional fee of $3 for any dog of reproductive age which has
not had its reproductive capacity permanently altered through sterilization
prior to the making of such application. This fee shall be payable
upon each application for renewal of the license and registration
tag, until such time as the dog shall have been sterilized or is no
longer of reproductive age.
c.
Only one license and registration tag shall be required in any licensing
year for any dog owner and licensed in New Jersey, and such license
and tag shall be accepted by the Township as evidence of compliance
with this subsection.
d.
In the event that a procured license or registration tag are lost,
a fee of $2 shall be charged for the replacement thereof.
e.
Dogs used as guides for blind persons and commonly known as "Seeing
Eye" dogs shall be licensed and registered as other dogs hereinabove
provided for, except that the owner or keeper of such dog shall not
be required to pay any fee therefor.
f.
License forms and uniform metal registration tags designed by the
State Department of Health shall be furnished by the Township and
shall be numbered serially and shall bear the year of issuance and
the name of the Township.
[Ord. #487; 1976 Code § 96-4]
The owner of any newly acquired dog of licensing age or of any
dog which attains licensing age shall make application for license
and registration tag for such dog within 10 days after such acquisition
or age attainment.
[Ord. #487; 1976 Code § 96-5]
a.
The application shall state the breed, sex, age, color and marking
of the dog for which license and registration are sought, and whether
it is of a long- or short-haired variety; also the name, street and
post office address of the owner and the person who shall keep or
harbor such dog.
b.
The information on the application and the registration number issued
for the dog shall be preserved for a period of three years by the
Township Clerk or other local official designated to license dogs
in the Township.
c.
In addition, he shall forward to the State Department of Health each
month, on forms furnished by the Department, an accurate account of
registration numbers issued or otherwise disposed of. Registration
numbers shall be issued in the order of the application.
[Ord. #487; 1976 Code § 96-6]
a.
Any person who shall bring or cause to be brought into the Township any dog 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 90 days, shall immediately apply for a license and registration tag for each such dog unless such dog shall be licensed under subsection 5-2.7 of this Chapter.
b.
Any person who shall bring or cause to be brought into this Township any unlicensed dog 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 unless such dog shall be licensed under subsection 5-2.7 of this Chapter.
[Ord. #487; 1976 Code § 96-7]
No person, except an officer in the performance of his duties,
shall remove a registration tag from the collar of any dog without
the consent of the owner, nor shall any person attach a registration
tag to a dog for which it was not issued.
[Ord. #487; 1976 Code § 96-8]
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 Township Clerk
or other official designated by the Township Council to license dogs
in the Township for a license entitling him to keep or operate such
establishment.
b.
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 the
written approval of the State and Township health authorities showing
compliance with the Township and State rules and regulations governing
location of and sanitation at such establishments.
c.
All licenses issued for such 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 January of each year
and be subject to revocation by the Township Council on recommendation
of the State Department of Health or the Township Board of Health
for failure to comply with the rules and regulations of the State
Department of Health or the Township Board of Health, after the owner
has been afforded a hearing by either the State Department of Health
or the Township Board of Health.
d.
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.
[Ord. #487; 1976 Code § 96-9]
The annual license fee for a kennel providing accommodations
for 10 or less dogs shall be $10, and for more than 10 dogs, $25.
The annual license fee for a pet shop shall be $10. No fee shall be
charged for a shelter or pound.
[Ord. #487; 1976 Code § 96-10]
No dog kept in a kennel, pet shop, shelter or pound shall be
permitted off such premises except on a leash or in a crate or other
safe control.
[Ord. #487; 1976 Code § 96-11]
No provision of this Chapter relating to the licensing or regulation
of kennels, pet shops, shelters or pounds shall be taken, specifically
or by implication, to authorize, sanction, require, direct or permit
the establishment, continuation or maintenance of any kennel, pet
shop, shelter or pound anywhere within the Township of Mahwah where
the same is not otherwise permitted by law to be established, continued
or maintained under all applicable zoning regulations or laws now
or hereafter in effect.
[Ord. #487; 1976 Code § 96-12]
The disposition of all fees collected hereunder shall be in
accordance with N.J.S.A. 4:19-15.11.
[Ord. #487; 1976 Code § 96-13]
The Clerk or other official designated to license dogs in the
Township shall forward to the State Department of Health a list of
all licensed kennels, pet shops, shelters and pounds within 30 days
after the licenses thereof are issued, which list shall include the
name and address of the licensee and the kind of license issued.
[Ord. #487; 1976 Code § 96-14]
Such rules and regulations as now or hereafter prepared and
promulgated by the State Department of Health, governing the sanitary
conduct and operation of kennels, pet shops, shelters and pounds,
to preserve sanitation therein and prevent the spread of rabies and
other diseases of dogs within and from such establishments, shall
be enforced by the Township Board of Health.
[Ord. #487; 1976 Code § 96-15; New]
The Dog Warden or any person other than the Chief of Police,
appointed by the Township Council in accord with the provisions of
N.J.R.S. 4:19-15.15, shall annually cause a canvass to be made of
all dogs owned, kept or harbored within the Township and shall report,
on or before August 1 of each year, to the Township Clerk, local Board
of Health and to the State Department of Health the result thereof
setting forth in separate columns the names and addresses of persons
owning, keeping or harboring unlicensed dogs, the number of unlicensed
dogs owned, kept or harbored by each of the persons, together with
a complete description of each of the unlicensed dogs.
[Ord. #487; 1976 Code § 96-16]
It shall be unlawful for any person owning, keeping, harboring
or having the custody and possession of any dog, whether registered
or not, to permit such dog to be at large within the Township unless
securely confined in a vehicle and under the direct and immediate
close supervision of a person capable of controlling such dog.
[Ord. #487; 1976 Code § 96-17]
It shall be unlawful for any person owning, keeping, harboring
or having the custody and possession of any dog, whether registered
or not, to cause, suffer or allow such dog to soil, defile, defecate
on or commit any nuisance on any common thoroughfare, sidewalk, passageway,
bypath, play area, park 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 the property. The restriction
in this subsection shall not apply to that portion of the street lying
between curblines, which shall be used to curb such dog under the
following conditions:
a.
The person who so curbs such dog shall immediately remove feces deposited
by such dog by any sanitary method approved by the Township Board
of Health.
b.
The feces removed from the aforementioned designated area shall be
disposed of by the person owning, harboring, keeping or having the
custody and possession of any dog curbed in accordance with the provisions
of this Chapter, in a sanitary manner approved by the Township Board
of Health.
[Ord. #487; 1976 Code § 96-18]
a.
Any dog found at large within the Township shall be taken into custody
and impounded by the Dog Warden or Police Department or any person
authorized by the Township Council and acting on its behalf.
b.
If any dog so seized wears a collar or harness having inscribed thereon
or attached thereto the name and address of any person or a registration
tag of the owner, or the person keeping or harboring the dog is known,
the Dog Warden or Police Department or any person authorized by the
Township Council and acting on its behalf shall forthwith serve on
the person whose address is given on the collar, or on the owner or
person keeping or harboring the dog, if known, a notice in writing
stating that the dog has been seized and that it will be liable to
be disposed of or destroyed if not claimed within seven days after
the service of the notice.
c.
The notice under 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 that person at his usual or last known place of abode or at the
address given on the collar.
d.
When any dog so seized has been detained for seven days after notice,
where notice can be given as set forth above, or has been detained
for seven days after seizure, where no notice has been given as set
forth above, and the owner or person keeping or harboring the dog
has not claimed the dog and paid all expenses incurred by reason of
its detention, including maintenance not to exceed $1 per day, or
where the dog is unlicensed at the time of the seizure and the owner
or person keeping or harboring the dog has not produced a license
and registration tag for the dog, the Dog Warden or any person authorized
by the Township and acting in its behalf may cause the dog to be destroyed
in a manner causing as little pain as possible.
[Ord. #487; 1976 Code § 96-19]
Any vicious dog found at large or any dog which shows definite
signs of having been infected with rabies may be destroyed immediately
by any Police Officer, Health Officer or other person authorized by
and acting on behalf of the Township Council.
[Ord. #487; 1976 Code § 96-20]
a.
The Dog Warden of the Township shall be responsible for all dogs
impounded or taken into custody under the provisions of this Chapter
or State statutes and shall designate the place where such dogs are
to be impounded or held in custody when so authorized by the Township
Council.
b.
Except for the issuance of dog licenses, which shall be done by the
Township Clerk, this Chapter shall be enforced by the Dog Warden,
Board of Health and Police Department of the Township. However, nothing
herein shall be deemed to prohibit any Police Officer of the Township
from enforcing any provisions hereof.
[Ord. #487; 1976 Code § 96-21]
Any officer or agent authorized or empowered to perform any
duty under this Chapter is hereby authorized to go upon any premises
to seize for impounding any dog or dogs which he may lawfully seize
and impound when such officer is in immediate pursuit of such dog
or dogs, except upon the premises of the owner of the dog if such
owner is present and forbids the same.
[Ord. #487; 1976 Code § 96-22]
No person shall hinder, molest or interfere with anyone authorized
or empowered to perform any duty under this Chapter
[Ord. #487; 1976 Code § 96-23]
Any person who violates or who fails or refuses to comply with subsections 5-2.1, 5-2.3, 5-2.5, 5-2.6, 5-2.7, 5-2.9, 5-4.1, 5-4.2, and 5-4.7 of this Chapter or the rules and regulations promulgated by the State Department of Health and referred to in subsection 5-2.13 of this Chapter shall be liable to a fine of not less than $5 nor more than $50 or to imprisonment in the County jail for a term not to exceed 10 days, or both.
[Ord. #487; 1976 Code 96-24; Ord. #989, § I]
No provision of this Chapter shall be construed to apply to
any establishment wherein or whereon dogs are received or kept for
diagnostic, medical, surgical or other treatments, owned by and operated
under the immediate supervision of a graduate veterinarian licensed
in the State. Additionally, no provision of this Chapter shall apply
to any dog owned or under the control of the Township or any of its
departments.
[Ord. #1511, § 2]
The following sections shall apply to all pets not previously
covered:
a.
Curbing of Pets. No person owning, keeping or harboring any pet shall
suffer or permit it to soil, defile, defecate or commit any nuisance
on any common thoroughfare, sidewalk, passageway, bypath, play area,
park, or any place where people congregate or walk, or upon any lawns,
shrubbery or trees on any public property, or upon a lawn, shrubbery
or trees on any private property not belonging to the owner or custodian
of such pet. For the purpose of this subsection, the above mentioned
restrictions shall not apply to that portion of the street lying between
the curblines which shall be used to curb such pet as hereinafter
provided.
b.
Defecation upon Private Property. No person being the owner or in
charge or control of any pet shall allow or permit it to defecate
upon or otherwise soil, defile or commit any nuisance upon any private
property other than the property of such person, unless the owner
consents thereto.
c.
Removal of Feces. No person being the owner or in charge or control
of any pet shall allow it to defecate upon or otherwise soil, defile
or commit any nuisance upon any public property. When the pet shall
have defecated in the portion of a public street between the curblines,
it shall not be considered a violation of this subsection if, and
only if, the person owning or in charge or control of said pet shall
immediately remove or dispose of in a sanitary manner the feces thus
deposited.
d.
Responsibility for Acts. Any pet found in any place specified in
paragraphs a, b or c Shall be deemed to be in such place by permission
or order of the owner, harborer or keeper of such pet, and any pet
committing any of the acts specified therein shall be deemed to have
committed such act by permission or order of the owner, harborer or
keeper of such pet, and such owner, harborer and keeper shall be guilty
of a violation of this subsection.
e.
Exemptions. Any owner or keeper who requires the use of a disability
assistance animal shall be exempt from the provisions of this subsection
while such animal is being used for that purpose.
[Ord. #1511, § 2]
Any person found to be in violation of this section shall be
subject to a fine of not less than $5 nor more than $50 or to imprisonment
in the County jail for a term not to exceed 10 days, or both.
[Ord. #1511, § 2]
Each subsection, sentence, clause and phrase of this section
is declared to be an independent subsection, sentence, clause and
phrase and the finding or holding of any such portion of this section
to be unconstitutional, void, or ineffective for any cause, or reason,
shall not affect any other portion of this section.
[Ord. #487; Ord. #789; 1976 Code § 96-25]
a.
No
person owning, keeping or harboring any dog shall permit or suffer
it to do any injury to any person, animal or damage to any property.
b.
Any person permitting any dog, whether or not professionally trained as a guard dog, to remain alone on any nonresidential premises at any time to be used for security or guard purposes shall first make application for a permit with the Township Clerk. The Township Clerk shall forward a copy of the application to the office of the Chief of Police. The Township Clerk shall issue a permit to the applicant if the application satisfies the requirements of Chapter 5 of the Code. A copy of the issued permit shall be filed by the Clerk with the Township Police Department.
1.
No dog shall be permitted to remain on any nonresidential premises
unless it is confined to a specific area or restricted by a leash.
The specific confinement area, whether inside or outside the premises
shall be set forth in the application filed with the Clerk and in
the permit issued by the Clerk.
2.
No establishment utilizing guard dogs is permitted to do so without
posting warning signs in conspicuous places on the premises. The permit
issued under this section shall also be posted in a conspicuous place
on the premises.
c.
The
Chief of Police through the Police Department of the Township shall
enforce the provisions of this section. Any dog, professionally trained
or not, found alone on a nonresidential premises in the Township,
shall be immediately seized and impounded by the Police Department,
if not properly registered under this section.
d.
All applications filed with the Clerk under paragraph b Shall be accompanied by a filing fee of $25. This fee is in addition to any other license required by Chapter 5 of the Code.
e.
The
permit issued under this section shall be valid for a period of three
years from the date of issue. Any change in the conditions set forth
in the application shall be reported to the Clerk in writing within
30 days.
f.
Any
person violating the provisions of this section shall be subject to
the penalties set forth in this section of the Code of the Township.
[Ord. #1428]
As used in this section the following definitions shall apply.
Shall mean any person or agency designated or certified by
the State of New Jersey to enforce the provisions of this section.
Shall mean any member of the domestic feline species; male,
female or altered.
Shall mean any cat which has attained the age of seven months,
or which possesses a set of permanent teeth.
Shall mean any room or group of rooms, cage, or exhibition
pen, not part of a kennel, wherein cats for sale are kept or displayed.
Shall mean the agency or department of the Township of Mahwah
or any designated representative thereof charged with administering
the issuance and/or revocation of permits and licenses under the provisions
of this section.
Shall mean rendered permanently incapable of reproduction
as certified by a licensed veterinarian.
When applied to the proprietorship of a cat, shall mean and
include every person having a right or property (or custody) in such
cat and every person who has such cat in his/her keeping, or who harbors
or maintains a cat or knowingly permits a cat to remain on or about
any premises occupied by that person.
Shall mean any individual, corporation, partnership, organization,
or institution, commonly recognized by law as a unit.
[Ord. #1428]
a.
Vaccination and License Requirements. No person shall own, keep,
harbor, or maintain any cat over seven months of age within the Township
of Mahwah unless such cat is vaccinated and licensed. The provisions
of this subsection do not apply to cats held in a cattery, or those
held by a State or Federal licensed research facility, or a veterinary
establishment where cats are received or kept for diagnostic, medical,
surgical, or other treatments, or licensed animal shelters, pounds,
kennels, or pet shops.
b.
Vaccination. All cats shall be vaccinated against rabies by a licensed
veterinarian in accordance with the latest "Compendium of Animal Rabies
Vaccines and Recommendations for Immunization" published by the National
Association of State Public Health Veterinarians, except as provided
for in paragraph d.
c.
Vaccination Certificate. A certificate of vaccination shall be issued
to the owner of each animal vaccinated on a form recommended by the
State.
d.
Exemptions. Any cat may be exempted from the requirements of such
vaccination for a specified period of time by the local Board of Health,
upon presentation of a veterinarian's certificate stating that because
of an infirmity or other physical condition, or regimen of therapy,
the inoculation of such cat shall be deemed inadvisable.
[Ord. #1428]
a.
Cats Must Have License Number Displayed. Any person who shall own,
keep, or harbor a cat of licensing age shall annually, in the month
of January, apply for and procure from the Township Clerk, a license
and official registration tag with license number, or a registration
sleeve for each cat so owned, kept, or harbored, and shall place upon
such cat a collar, or other device with the license number securely
fastened or displayed thereto. Acceptable methods of displaying license
number shall include, but are not limited to, breakaway or elastic
collars. License tags or sleeves are not transferable.
b.
Licensing of Newly Acquired Cats or of Cat Attaining Licensing Age.
The owner of any newly acquired cat of licensing age, or of any cat
which attains licensing age, shall make application for license tag
or sleeve for such cat within 10 days after such acquisition or age
attainment. This requirement will not apply to a nonresident keeping
a cat within the Township of Mahwah for no longer than 90 days.
c.
Licensed Cats Brought into Township of Mahwah. Any person who shall
bring, or cause to be brought into the Township of Mahwah any cat
licensed in another state for the current year, and bearing registration
tag or sleeve, and shall keep the same or permit the same to be kept
within the Township of Mahwah for a period of more than 90 days, shall
immediately apply for a license and registration tag or sleeve for
each such cat. Only one license and registration tag or sleeve shall
be required in the licensing year for any cat in the Township of Mahwah.
Any valid New Jersey license tag or sleeve issued by a New Jersey
municipality shall be accepted by this municipality as evidence of
compliance, for the licensing year.
d.
Unlicensed Cats Brought into Township of Mahwah. Any person who shall
bring or cause to be brought into the Township of Mahwah any unlicensed
cat, and shall keep same or permit same to be kept within the Township
of Mahwah for a period of more than 10 days, shall immediately apply
for a license and registration tag or sleeve for each such cat.
e.
Application, Contents, Preservation of Information. The application
shall state the breed, sex, age, color, and markings of the cat for
which license and registration are sought, and whether it is of a
long or shorthaired variety; also the name, street and post office
address of the owner, and the person who shall keep or harbor such
cat. The information on said application and the registration number
issued for the cat shall be preserved for a period of three years
by the Clerk or other local official designated to license cats in
the municipality.
f.
License Forms and Tags. License forms and official tags or sleeves
shall be furnished by the Township of Mahwah and shall be numbered
serially, and shall bear the year of issuance and the name of the
municipality.
g.
Evidence of Inoculation with Rabies Vaccine or Certification of Exemption Requirement for License. The Township Clerk shall not grant any such license and official registration tag or sleeve for any cat, unless the owner thereof provides evidence that the 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 Human Services, or has been certified exempt as provided by subsection 5-6.2d of this section. The rabies inoculation shall be administered by a duly licensed veterinarian, or by such other veterinarian permitted by law to do the same.
h.
License Fees; Disposition of Funds. A license shall be issued after
payment of a fee of $7 for each neutered cat and $10 for each unneutered
cat. From February 15 until December 31 there shall be an additional
late registration fee in the amount of $10.
i.
Expiration Date of License. The license shall expire on December
31 of the year of issuance.
j.
Loss of License. If a license tag or sleeve has been misplaced or
lost, the Township Clerk may issue a duplicate license and/or registration
sleeve for a fee of $2.
k.
Proof of Licensing. Proof of licensing shall be produced by any person
owning, keeping, maintaining or harboring a cat, upon the request
of any health official, police officer, Animal Control Officer, or
other authorized person.
l.
Interfering with Persons Performing Duties Under This Section. No
person shall hinder, molest, or interfere with anyone authorized or
empowered to perform any duty under this section.
m.
Disposition of Fees Collected. The moneys collected or received under the provisions of this Section 5-6 shall be forwarded to the Chief Financial Officer of the municipality and shall be placed in a special account separate from any of the other accounts of the municipality and shall be used for the following purposes only: collecting, keeping and disposing of cats liable to seizure, for local prevention and control of rabies, providing antirabies treatment under the direction of the local Board of Health for any person known or suspected to have been exposed to rabies and for administering the provisions of this Section 5-6. Any unexpected balance remaining in such special account shall be retained until the end of the third fiscal year following enactment of this section. At the end of said third fiscal year following enactment of this section, and at the end of each fiscal year thereafter, there shall be transferred from such special account to the general funds of the municipality 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.
[Ord. #1428]
a.
Violations and Penalties. Any person who violates or who fails or refuses to comply with this Section 5-6 shall be liable to a penalty of not less than $5 nor more than $50 for each offense, to be recovered by and in the name of the local Board of Health or by and in the name of the municipality.
[Ord. #1511, § 3]
a.
Purpose.
The purpose of this section is to prohibit the feeding of unconfined
wildlife in any public park or on any other property owned or operated
by the Township of Mahwah, so as to protect public health, safety
and welfare, and to prescribe penalties for such failure to comply.
b.
Prohibited
Conduct. No person shall feed, in any public park or on any other
property owned or operated by the Township of Mahwah, any wildlife,
excluding confined wildlife (for example, wildlife confined in zoos,
parks or rehabilitation centers, or unconfined wildlife at environmental
education centers).
c.
Enforcement.
This section shall be enforced by the Township of Mahwah Police Department.
[Ord. #1511, § 3]
Any person found to be in violation of this section shall be
ordered to cease the feeding immediately and shall be subject to a
fine of not less than $5 nor more than $100 or to imprisonment in
the County jail for a term not to exceed 10 days, or both.
[Ord. #1511, § 3]
Each subsection, sentence, clause and phrase of this section
is declared to be an independent subsection, sentence, clause and
phrase, and the finding or holding of any such portion of this section
to be unconstitutional, void, or ineffective for any cause, or reason,
shall not affect any other portion of this section.
[Added 6-19-2023 by Ord. No. 2010]
[Added 6-19-2023 by Ord.
No. 2010]
a.
It is unlawful for a pet shop, as defined in Section 5-1, to sell or offer for sale a dog or a cat.
b.
Nothing in this chapter shall be construed to prohibit a pet shop
from providing space to an animal rescue organization or shelter,
as defined in, to publicly showcase dogs or cats available for adoption.
[Added 6-19-2023 by Ord.
No. 2010]
a.
A pet store that violates subsection 5-8.1 shall, upon conviction thereof, be punished by a fine of $100 for a first offense per animal sold or offered to be sold, $500 for a second or subsequent offence per animal sold or offered to be sold, and any additional penalties in accordance with Chapter 1, Section 1-5 of the Township Code.
b.
Each sale or offer for sale made in violation of subsection 5-8.1 shall constitute a separate violation.
c.
In the event of a second or subsequent conviction, the court may
require the establishment to cease all retail operations until such
time as all animals in custody are transferred to a shelter or animal
rescue organization.
