Borough of Midland Park, NJ Animal Control

Editor's Note: Former Subsection a, regarding the annual canvass, was repealed 12-19-2019 by Ord. No. 21-19.

Any person owning, keeping or harboring an unlicensed dog of licensing age after the expiration of the normal registration period specified in Subsection 5-1.2, paragraphs c, e and h shall be subject to a summons for violation of this section and to a fine as hereafter provided.

§ 5-1.4 Licenses for Kennels and Pet Shops.

[Ord. #497; Ord. #566; 1973 Code § 59-4]

The operation of a kennel or pet shop shall be considered a commercial or business use of land and premises and shall not be located in any zone where such use is not expressly permitted as a primary use under the Land Development Regulations unless the proper municipal authority shall expressly approve same.

Any person who keeps or operates or proposes to establish a kennel or pet shop shall apply to the Borough Clerk for license therefor. Each application shall describe the premises where the establishment is located or proposed to be located, the purposes for which it is to be maintained and shall be accompanied by the written approval of the Borough Health Officer, showing compliance with the rules and regulations governing the location and sanitation at such establishment and by the written approval of the Borough Zoning Officer showing compliance with the Borough Zoning Ordinance.

All licenses issued for a kennel or pet shop shall state the purpose for which the establishment is maintained and all such licenses shall expire on the last day of January each year and shall be subject to revocation by the Borough Council on recommendation of the State Department of Health or Borough Board of Health, after the owner has been afforded a hearing by the State Department of Health or by the Borough Board of Health.

All applications for kennel licenses and annual renewals thereof must be made in the month of January. All applications for newly constructed kennels or new pet shops must be made before the same are placed in operation.

The annual license fees for a kennel providing accommodations for ten (10) dogs or less and for more than ten (10) dogs can be found in Chapter 90. The annual license fee for a pet shop can also be found in Chapter 90. No fee shall be charged for a pound.

No dog kept in a kennel, pet shop or pound shall be permitted off such premises, except on a leash or in a crate or other safe control.

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.

No kennel license shall be issued to a person who is not conducting a business operation. No kennel license shall be issued as a device for evading the obligation of obtaining individual dog licenses and registration tags.

The Borough Clerk shall forward to the State Department of Health a list of all kennels, pet shops and pounds licensed within thirty (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.

§ 5-1.5 Disposition of Moneys.

[Ord. #497; 1973 Code § 59-5]

License fees and other moneys collected or received under the provisions of this section, except registration tag fees, shall be forwarded to the Tax Collector of the Borough within thirty (30) days after collection or receipt and shall be placed in a special account separate from any of the other accounts of the Borough and shall be used for collecting, keeping and disposing of dogs liable to seizure under this section; for local prevention and control of rabies; for providing antirabic treatment under the direction of the local Board of Health for any person known or suspected to have been exposed to rabies; for payment of damage to or losses of poultry and domestic animals, except dogs and cats, caused by a dog or dogs; and for administering the provisions of this section. Any unexpended balance remaining in such special account shall be retained therein until the end of the third fiscal year following and may be used for any of the purposes set forth in this subsection. At the end of the third fiscal year following, and at the end of each fiscal year thereafter, there shall be transferred from such special account to the general fund of the Borough any amount then in such account which is in excess of the total amount paid into this special account during the last two (2) fiscal years next preceding.

The registration tag fee[1] for each dog shall be forwarded within thirty (30) days after collection by the Clerk to the State Department of Health.

Editor's Note: Fees and charges are contained in Chapter 90. Refer to "Fees for Chapter 5, Animal Control."

All penalties collected at the suit of the State Department of Health shall be paid to the State Treasurer and all penalties collected at the suit of the Borough Board of Health shall be paid to the Borough Tax Collector.

§ 5-1.6 Removal and Improper Use of Registration Tags.

[Ord. #497; 1973 Code § 59-6]

No person, except an officer in the performance of his duties, shall move a registration tag from the collar of any dog without the consent of the owner.

No person shall attach a registration tag to a dog for which it was not issued.

§ 5-1.7 Appointment and Compensation of Enforcement Officials.

[Ord. #497; 1973 Code § 59-7]

The Mayor shall either nominate and appoint or contract with a Poundmaster, who may be a person or other designated authority, whose duty it shall be to administer the provisions of this section. Nomination and appointment or contract shall be subject to the advice and consent or approval of the Borough Council.

The Borough Council shall have the power to appoint one (1) or more persons, to be known as dogcatchers, who may impound unlicensed dogs running at large in violation of the provisions of this section.

Compensation for Poundmaster, dogcatchers and other designated authority shall be established either by contract between the Borough and such designated authority by approval of the Borough Council or by the Borough Salary Ordinance.[1]

Editor's Note: The current Salary Ordinance is on file in the office of the Borough Clerk.

Municipal Humane Law Enforcement Officers.

[Added 6-21-2018 by Ord. No. 21-18]

The position of municipal humane law enforcement officer(s) (MHLEO) be and hereby is established.

The MHLEO may be employed by an outside contractor and it must be the appointment of the individual, not the company. The appointment is null and void if the individual leaves the employment of service.

Each county prosecutor must issue directives concerning municipal human law enforcement officers.

While no state funds are being provided to accomplish any of this state mandate, all summonses issued for violation of state animal cruelty laws will be heard in municipal court and the fines, less the State of New Jersey portion, will be to the municipality.

A basic background investigation will be required for the MHLEO and there shall be proper identification to each municipal humane law enforcement officer.

The Borough of Midland Park may designate its animal control officers (either in-house or outside contractor) as humane law enforcement officers.

A police officer will provide assistance should there be an issue which may require an armed officer.

The MHLEO will be under the supervision of the Chief of Police or the Chief's designee.

§ 5-1.8 Regulations.

[Ord. #497; Ord. #566; 1973 Code § 59-8; Ord. #14-90, § 1]

No person shall keep or harbor any dog in the Borough except in compliance with the provisions of this section.

No more than three dogs 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 or in any industrial establishment or on its grounds. This restriction shall not apply to properly licensed kennels, pet shops and pounds.

[Amended 11-29-2018 by Ord. No. 28-18]

No person owning, harboring, keeping or in charge of any dog shall cause, suffer or allow such dog to:

Soil, defile, defecate on, or commit any nuisance on any common driveway, sidewalk, passage-way, bypass, play area, or upon any public property or upon any private property without the permission of the owner of the property. In the event of a violation occurring on private property, only the owner of the property shall have standing to file a complaint alleging a violation of this section. The restriction in this section shall not apply to that portion of the street lying between the curb lines which shall be used to curb such dog under the conditions that the person or occupant who so curbs such dog shall immediately remove all feces deposited by such dog by any sanitary method approved by the Local Board of Health. 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 chapter by placing the feces in a waterproof container, properly sealed, and placed in a garbage container, or disposed of in any other sanitary manner. A seeing-eye dog which is owned by a person who has been declared to be legally blind shall be exempt from the terms and conditions of this subsection.

Soil or defile or do any injury or damage to any lawn, vegetable garden, shrubbery, trees, flowers, driveway, ground or any property of persons other than that of the owner or person having the care, custody or control of such dog.

Cause any injury to any person.

Bark, cry, whine, howl or otherwise disturb the peace or quiet of the neighborhood or sleep of any person for any unreasonable length of time.

Be or become a public nuisance or to create a condition hazardous to safety and health.

The habitual barking, howling, whining or crying of a dog or dogs in the Borough is hereby declared to be a disturbing noise within the meaning of N.J.S.A. 40:48-1, Subsection 8, and a nuisance.

§ 5-1.9 Running at Large Prohibited.

[Ord. #497; 1973 Code § 59-9]

No person owning, keeping, harboring or having the care, custody or control of any dog shall suffer or permit it to run at large.

§ 5-1.10 Disposition of Impounded Dogs.

[Ord. #497; Ord. #683; 1973 Code § 59-10; Ord. #5-00, § 1]

If any dog shall be found running at large beyond the boundaries of the lands and premises owned, leased or rented by the person owning, keeping, harboring or having the care, custody or control of such dog, or beyond the boundaries of such other premises where the owner, lessee or tenant thereof has given express permission to the person owning, keeping or harboring the dog for it to run at large on his premises, such dog shall be considered a stray dog.

The Chief of Police or any member of the Police Department, the Poundmaster, dogcatchers, or any other designated authority, or any humane society under contract with the Borough for the enforcement of this section or the provisions of the Statute shall take into custody and impound or cause to be taken into custody or impounded and thereafter destroyed or disposed of as provided in this subsection:

Any dog off the premises of the owner or of the person keeping or harboring the dog which the official or his agent or agents have reason to believe is a stray dog.

Any dog off the premises of the owner or of the person keeping or harboring the dog without a current registration tag on his collar.

Any female dog in season off the premises of the owner or of the person keeping or harboring the dog.

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 or the owner or the person keeping or harboring said dog is known, the Poundmaster shall forthwith serve on the person whose address is given on the collar or on the owner or the person keeping or harboring the dog, if known, a notice in writing stating that the dog has been seized and will be liable to be disposed of or destroyed if not claimed within seven (7) days after the service of the notice.

A 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 mail in a prepaid letter addressed to that person at his usual or last known place of abode or to the address given on the collar.

When a dog so seized has been detained for seven (7) days after notice, when notice can be given as above set forth, or has been detained for seven (7) days after seizure, when notice has not and cannot be given as above set forth, and if the owner or person keeping or harboring the dog has not claimed the dog and paid all expenses incurred by reason of his detention, including maintenance not exceeding the sum established[1] per day, and if 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 Poundmaster may cause the dog to be destroyed in a manner causing as little pain as possible or, if practicable, the Poundmaster shall find a home for the dog.

POTENTIALLY DANGEROUS DOG

Editor's Note: Fees and charges are contained in Chapter 90. Refer to "Fees for Chapter 5, Animal Control."

The Poundmaster shall promptly notify the Borough Board of Health in writing of the disposal of a dog made in compliance with the provisions of this subsection.

Subject to terms of this subsection and statutes incorporated herein, an owner may obtain the release of his animal impounded due to emergency calls upon payment of recovery fee as stipulated in animal control contract currently in effect. Payment of the above charge shall be made to the Police Department. No owner or person keeping or harboring a dog shall be permitted to claim an impounded dog unless a license and registration tag can be produced for the dog. The hours for emergency calls are set forth in the contract between the Borough and Animal Control Officer, which is on file with the Borough Clerk.

§ 5-1.11 Liability for Damages.

[Ord. #497; 1973 Code § 59-11]

The person owning, keeping, harboring or having the care, custody or control of any dog which shall, while running at large on land of another or on a public road, park, playground or other public place, cause another person to suffer damage or loss shall be responsible for such damage or loss.

The owner of any dog which shall bite a person while such person is on or in a public place or lawfully on or in a private place, including the property of the owner of the dog, shall be liable for such damages as may be suffered by the person bitten, regardless of the former viciousness of such dog or the owner's knowledge of such viciousness. For the purpose of this subsection, a person is lawfully upon the private property of such owner when he is on the property in the performance of any duty imposed upon him by the laws of this State, the laws or postal regulations of the United States or the ordinances of the Borough, or when he is on such property upon the invitation, express or implied, of the owner thereof.

The Borough shall not be responsible for any damage or loss caused by any dog running at large in this Borough.

§ 5-1.12 Vicious and Potentially Dangerous Dogs.

[Ord. #497; 1973 Code § 59-12; Ord. #13-97, §§ 1—17]

Definitions. As used in this subsection, the following terms shall have the meanings as described:

ANIMAL CONTROL OFFICER

Shall mean the certified Municipal Animal Control Officer appointed by the Mayor and Council or absent such appointment, the Chief of Police or his designee.

BOROUGH

Shall mean the Borough of Midland Park in the County of Bergen.

DOG

Shall mean any dog or dog hybrid.

DOMESTIC ANIMAL

Shall mean any cat, dog, or livestock other than poultry.

Shall mean any dog or dog hybrid declared potentially dangerous by a Municipal Court pursuant to N.J.S.A. 4:19-23.

VICIOUS DOG

Shall mean any dog or dog hybrid declared vicious by a Municipal Court pursuant to N.J.S.A. 4-19-22.

Seizure and Impoundment of Dog by Animal Control Officer; Grounds. The Animal Control Officer shall seize and impound a dog when the officer has reasonable cause to believe that the dog:

Attacked a person and caused death or serious bodily injury as defined in N.J.S.A. 2C:11-1(A) to that person.

Caused bodily injury as defined in N.J.S.A. 2C:11-1(a) to a person during an unprovoked attack and poses a serious threat of harm to persons or domestic animals.

Engaged in dog fighting activities as described in R.S. 4:22-24 and R.S. 4:22-26.

Has been trained, tormented, badgered, baited or encouraged to engage in unprovoked attacks upon persons or domestic animals.

The dog shall be impounded until the final disposition as to whether the dog is vicious or potentially dangerous. Subject to the approval of the Municipal Health Officer, the dog may be impounded in a facility or other structure agreeable to the owner.

Notice of Seizure and Impoundment; Determination of Identity of Owner; Notice of Hearing; Return of Statement by Owner; Destruction of Dog.

The Animal Control Officer shall notify the Municipal Court and the Municipal Health Officer immediately that he has seized and impounded a dog pursuant to N.J.S.A. 4:19-19, or that he has reasonable cause to believe that a dog has killed another domestic animal and that a hearing is required. The Animal Control Officer shall through a reasonable effort attempt to determine the identity of the owner of any dog seized and impounded pursuant to N.J.S.A. 4:19-19. If its owner cannot be identified within seven (7) days, that dog may be humanely destroyed.

The Animal Control Officer shall, within three (3) working days of the determination of the identity of the owner of a dog seized and impounded pursuant to N.J.S.A. 4:19-19, notify by certified mail, return receipt requested, that owner concerning the seizure and impoundment and that, if the owner wishes, a hearing will be held to determine whether the impounded dog is vicious or potentially dangerous. This notice shall also require that the owner return within seven (7) days, by certified mail or hand delivery, a signed statement indicating whether he wishes the hearing to be conducted, or, if not, to relinquish ownership of the dog, in which case the dog may be humanely destroyed. If the owner cannot be notified by certified mail, return receipt requested, or refuses to sign for the certified letter, or does not reply to the certified letter with a signed statement within seven (7) days of receipt, the dog may be humanely destroyed.

Agreement Between Borough and Dog Owner; Settlement and Disposition; Liability of Borough; Legal Expenses. Notwithstanding any provision in N.J.S.A. 4:19-17 et seq. to the contrary, the Borough and the owner of the dog may settle and dispose of the matter at any time in such manner and according to such terms and conditions as may be mutually agreed upon. Notwithstanding any provision in N.J.S.A. 4:19-17 et seq. to the contrary neither the Borough nor any of its employees shall have any liability by virtue of having entered into any settlement agreement pursuant to this section, or for any action or inaction related to the entry into such agreement, for any injuries or damages caused thereafter by the dog. The Borough may, as a condition of the settlement agreement, also require that the owner of the dog hold the Borough harmless for any legal expenses or fees the Borough may incur in defending against any cause of action brought against the Borough notwithstanding the prohibition against such causes of action set forth in this section.

Finding to Declare the Dog Vicious; Grounds.

The Municipal Court shall declare the dog vicious if it finds by clear and convincing evidence that the dog;

Killed a person or caused serious bodily injury as defined in N.J.S.A. 2C:11-1(b) to a person; or

Has engaged in dog fighting activities as described in R.S. 4:22-24 and R.S. 4:22-16.

A dog shall not be declared vicious for inflicting death or serious bodily injury as defined in N.J.S.A. 2C:11-1(b) upon a person if the dog was provoked. The Borough shall bear the burden of proof to demonstrate that the dog was not provoked.

If the Municipal Court declares a dog to be vicious and no appeal is made of this ruling pursuant to N.J.S.A. 4:19-25, the dog shall be destroyed in a humane and expeditious manner, except that no dog may be destroyed during the pendency of an appeal.

Finding to Declare Dog Potentially Dangerous.

The Municipal Court shall declare a dog to be potentially dangerous if it finds by clear and convincing evidence that the dog:

Caused bodily injury as defined in N.J.S.A. 2C:11-1(a) to a person during an unprovoked attack, and poses a serious threat of bodily injury or death to a person, or

Killed another domestic animal, and

(1)

Poses a threat of serious bodily injury or death to a person; or

(2)

Poses a threat of death to another domestic animal, or

(c)

Has been trained, tormented, badgered, baited or encouraged to engage in unprovoked attacks upon persons or domestic animals.

A dog shall not be declared potentially dangerous for:

Causing bodily injury as defined in N.J.S.A. 2C:11-1(a) to a person if the dog was provoked, or

Killing a domestic animal if the domestic animal was the aggressor.

For purposes of Subsection f1(a), the Borough shall bear the burden of proof to demonstrate that the dog was not provoked.

Order and Schedule for Compliance for Potentially Dangerous Dog; Conditions. If the Municipal Court declares the dog to be potentially dangerous, it shall issue an order and a schedule for compliance which, in part:

Shall require the owner to comply with the following conditions:

To apply, at his own expense, to the Borough Clerk or other official designated to license dogs pursuant to N.J.S.A. 4:19-15.2 for a special Borough potentially dangerous dog license, Borough registration number, and red identification tag issued pursuant to Subsection m. The owner shall, at his own expense, have the registration number tattooed upon the dog in a prominent location. A potentially dangerous dog shall be impounded until the owner obtains a Borough potentially dangerous dog license, Borough registration number, and red identification tag;

To display, in a conspicuous manner, a sign on his premises warning that a potentially dangerous dog is on the premises. The sign shall be visible and legible from fifty (50') feet of the enclosure required pursuant to Subsection g1(c);

(c)

To immediately erect and maintain an enclosure for the potentially dangerous dog on the property where the potentially dangerous dog will be kept and maintained, which has sound sides, top and bottom to prevent the potentially dangerous dog from escaping by climbing, jumping or digging and within a fence of at least six (6') feet in height separated by at least three (3') feet from the confined area. The owner of a potentially dangerous dog shall securely lock the enclosure to prevent the entry of the general public and to preclude any release or escape of a potentially dangerous dog by an unknowing child or other person. All potentially dangerous dogs shall be confined in the enclosure or, if taken out of the enclosure, securely muzzled and restrained with a tether approved by the Animal Control Officer and having a minimum tensile strength sufficiently in excess of that required to restrict the potentially dangerous dog's movements to a radius of no more than three (3') feet from the owner and under the direct supervision of the owner.

May require the owner to comply with the following conditions:

Maintain liability insurance in an amount determined by the Municipal Court to cover any damage or injury caused by the potentially dangerous dog. The liability insurance, which may be separate from any other homeowner policy, shall contain a provision requiring the Borough in which the owner resides to be named as an additional insured for the sole purpose of being notified by the insurance company of any cancellation, termination or expiration of the liability insurance policy.

Procedures for Appeal. The owner of the dog, or the Animal Control Officer of the Borough in which the dog was impounded, may appeal any final decision, order, or judgment, including any conditions attached thereto, of the Municipal Court pursuant to N.J.S.A. 4:19-17 et seq. By filing an appeal with the Superior Court, Law Division, in accordance with the Rules Governing the Courts of the State of New Jersey pertaining to appeals from courts of limited jurisdiction. The Superior Court shall bear the appeal by conducting a hearing de novo in the manner established by those rules for appeals from courts of limited jurisdiction.

Liability of Owner for Costs of Impoundment and Destruction.

If a dog is declared vicious or potentially dangerous, and all appeals pertaining thereto have been exhausted, the owner of the dog shall be liable to the Borough in which the dog is impounded for the costs and expenses of impounding and destroying the dog. The owner shall incur the expense of impounding the dog in a facility other than the municipal pound, regardless of whether the dog is ultimately found to be vicious or potentially dangerous. The Borough hereby establishes the following schedule for costs and expenses:

A kennel fee of twenty ($20.00) dollars per day.

Destruction of a dog shall be not less than one hundred ($100.00) dollars nor more than two hundred ($200.00) dollars.

(c)

A transportation fee of thirty ($30.00) dollars.

The owner shall be liable to the Borough in connection with any other costs and expenses relating to the impounding and destroying of the dog that the Borough may incur.

If the dog has bitten or exposed a person within ten (10) days previous to the time of euthanasia, its head shall be transported to the New Jersey State Department of Health laboratory for rabies testing.

Right to Convene Hearing for Subsequent Actions of Dog. If the Municipal Court finds that the dog is not vicious or potentially dangerous, the Municipal Court shall retain the right to convene a hearing to determine whether the dog is vicious or potentially dangerous for any subsequent actions of the dog.

Duties of Owner of Potentially Dangerous Dog. The owner of a potentially dangerous dog shall:

Comply with the provisions of N.J.S.A. 4:19-17, et seq. In accordance with a schedule established by the Municipal Court, but in no case more than sixty (60) days subsequent to the date of determination;

Notify the licensing authority, local police department or force, and the Animal Control Officer if a potentially dangerous dog is at large, or has attacked a human being or killed a domestic animal;

Notify the licensing authority, local police department or force, and the Animal Control Officer within twenty-four (24) hours of the death, sale or donation of a potentially dangerous dog;

Prior to selling or donating the dog, inform the prospective owner that the dog has been declared potentially dangerous;

Upon the sale or donation of the dog to a person residing in a different Borough, notify the department and the licensing authority, police department or force, and Animal Control Officer of that Borough of the transfer of ownership and the name, address and telephone of the new owner; and

In addition to any license fee required pursuant to N.J.S.A. 4:19-15.3 pay a potentially dangerous dog license fee to the Borough as provided by N.J.S.A. 4:19-31.

Violations by Owner; Penalties; Enforcement; Seizure and Impoundment of Dog; Destruction by Order of Court. The owner of a potentially dangerous dog who is found by clear and convincing evidence to have violated this act, or any rule or regulation adopted pursuant thereto, or to have failed to comply with the Court's order shall be subject to a fine of not more than one thousand ($1,000.00) dollars per day of the violation, and each day's continuance of the violation shall constitute a separate and distinct violation. The Municipal Court shall have jurisdiction to enforce this section. An Animal Control Officer is authorized to seize and impound any potentially dangerous dog whose owner fails to comply with the provisions of N.J.S.A. 4:19-17, et seq. or any rule or regulation adopted pursuant thereto, or a Court's order. The Municipal Court may order that the dog so seized and impounded be destroyed in any expeditious and humane manner.

Potentially Dangerous Dog Registration Number, Red Identification Tag and License; Issuance; Telephone Number to Report Violations; Publicity. The Borough shall issue:

A potentially dangerous dog registration number and red identification tag along with a Borough potentially dangerous dog license upon a demonstration of sufficient evidence by the owner to the Animal Control Officer that he has complied with the Court's orders. The last three (3) digits of each potentially dangerous dog registration number issued by a Borough will be the three (3) number code assigned to that Borough in the regulations promulgated pursuant to N.J.S.A. 4:19-33. The Animal Control Officer shall verify, in writing, compliance to the Borough Clerk or other official designated to license dogs in the Borough;

In addition, the Borough shall publicize a telephone number for reporting violation of this subsection.

Fees for License. The Borough hereby establishes an annual fee for a potentially dangerous dog license of seven hundred ($700.00) dollars which sum shall be applicable to each renewal thereof.

Inspection to Determine Continuing Compliance. The Animal Control Officer shall inspect the enclosure and the owner's property at least monthly to determine continuing compliance with paragraphs g1(b) and (c) of this subsection.

Acts Deemed Exercise of Government Function; Application of Tort Claims Act. Any action undertaken pursuant to the provisions of this act shall be deemed to be an exercise of a government function and shall be subject to the provisions of the "New Jersey Tort Claims Act", N.J.S.A. 59:1-1, et seq.

Deposit and Use of Fines and Fees. All fines and fees collected or received by the municipality pursuant to paragraphs l and n of this subsection shall be deposited in a special account and used by the Borough to administer and enforce the provisions of this subsection.

§ 5-1.13 Rabies Control. [1]

[Ord. #497; 1973 Code § 59-13]

No person shall own, harbor or keep any dogs within the Borough which are not currently inoculated against rabies; provided, however, that dogs which have not attained the age of four months shall not be required to be inoculated, and further provided that any dog may be exempt from the requirements of such inoculation, for a specified period of time, by the Board of Health upon the presentation of a certificate from a veterinarian stating that because of infirmity or other physical condition the inoculation of such dog for the specified period of time shall be deemed inadvisable by the veterinarian.

[Amended 12-19-2019 by Ord. No. 21-19]

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 Borough Board of Health.

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 Borough Board of Health in writing of the description and location of such animal.

If a dog or other animal is known or believed to have rabies or has been bitten by a dog 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 (6) months or such lesser period specified by the State Department of Health and placed under observation of a veterinarian at the expense of the owner for such period.

Any animal confined under order of the Borough Board of Health shall not be released until a certificate of release has been issued by the Board.

Whenever it becomes necessary to safeguard the public from the danger of rabies, the Mayor, upon recommendation of the Borough Board of Health, shall issue a proclamation ordering every person owning or keeping a dog to confine it securely on his premises unless such dog shall have a muzzle of sufficient strength to prevent the biting of any person.

Any unmuzzled dog running at large during the time of the proclamation shall be seized and impounded, unless noticeably infected with rabies.

All dogs so noticeably infected with rabies and displaying vicious propensities shall be killed by the Poundmaster or Chief of Police after written diagnosis of infection by a veterinarian.

The Poundmaster or Chief of Police shall promptly notify in writing the Borough Board of Health and the owner, if known, of the killing and reason for the killing of any dog in accordance with the provisions of this subsection.

Editor's Note: For Board of Health regulations concerning Rabies, see Chapter BH3, § BH3-25 of the Board of Health Code.

§ 5-1.14 Performance of Duties.

[Ord. #497; 1973 Code § 59-14]

Any officer or agent authorized or empowered to perform any duty under this section 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 the owner is present and forbids the same.

No person shall hinder, molest or interfere with anyone authorized or empowered to perform any duty under this section.

§ 5-1.15 Enforcement; Violations and Penalties.

[Ord. #497; 1973 Code § 59-15; New]

The Chief of Police of the Borough shall be charged with the enforcement of this section and shall issue or cause to be issued summonses for the violation of any part of this section.

Any person who violates or refuses to comply with any part of the following subsections, namely, subsections 5-1.2, 5-1.4, 5-1.6 or 5-1.14, or with the rules and regulations 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 liable to a penalty not to exceed five hundred ($500.00) dollars for each offense or serve a term of ninety (90) days in jail, or both, to be recovered by and in the name of the Borough.

Any person who violates or refuses to comply with any part of any of the following subsections, namely, subsections 5-1.8, 5-1.9, 5-1.12 or 5-1.13, shall be liable to the penalty established in Chapter 1, § 1-5 of this Code.

A person who refuses or neglects to pay forthwith the amount of a judgment rendered against him and the costs and charges incident thereto shall be committed by the court to the County Jail for a period not exceeding ten (10) days in the case of a first conviction, and in the case of a conviction for a second, subsequent or continuing violation, for a period not exceeding thirty (30) days.

§ 5-1.16 Exceptions.

[Ord. #497; 1973 Code § 59-16]

This section shall not be construed to apply to establishments where dogs are received or kept for diagnostic, medical, surgical or other treatment owned and operated under the supervision of a graduate veterinarian licensed by the State of New Jersey.

§ 5-2 ANIMAL SHELTERS PROHIBITED.

[Ord. #566; 1973 Code § 59-17]

Notwithstanding anything contained in this section to the contrary, no shelter shall be permitted in the Borough. The word "shelter" shall be defined as any establishment for dogs or other animals housed and/or distributed without charge or upon payment of a nominal charge.

§ 5-3 LICENSING OF CATS.

§ 5-3.1 Purpose.

[Ord. #11-90, Preamble]

It is an objective of this section to protect the public and animals from the spread of rabies to animals and humans since rabies is transmissible to humans and is fatal in all cases; and it has been determined that these objectives can be fostered by assuring that animal owners meet responsibilities for the control and care of their cats.

§ 5-3.2 Definitions.

[Ord. #11-90, § 1]

As used in this section:

ANIMAL CONTROL OFFICER

Shall mean any person or agency designated or authorized by law to enforce the provisions of this section.

CAT

Shall mean any member of the domestic feline species; male, female or neutered.

CAT OF LICENSING AGE

Shall mean any cat which has attained the age of four (4) months, or which possesses a set of permanent teeth.

LICENSING AUTHORITY

Shall mean the agency or department of Borough of Midland Park or any designated representative thereof charged with administering the issuance and revocation of permits and licenses under the provisions of this section.

NEUTERED

Shall mean rendered permanently incapable of reproduction as certified by a licensed veterinarian.

OWNER

When applied to the proprietorship of a cat, shall mean and include every person having a right of 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.

PERSON

Shall mean any individual, corporation, partnership, organization, or institution commonly recognized by law as a unit.

VACCINATION

Shall mean inoculation against rabies performed by a licensed veterinarian, or such other person permitted by law to do the same under the supervision of 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.

VETERINARIAN

Shall mean any person licensed to practice veterinary medicine by any State of the United States.

§ 5-3.3 Provisions Relating to Rabies Vaccination of Cats.

[Ord. #11-90, § 2]

Vaccination and License Requirements. No person shall be the owner of a cat of licensing age within the Borough unless such cat is licensed and has a vaccination which was administered within the last three hundred sixty-five (365) days or for which a valid vaccination certificate indicates an expiration date occurring in the future. The provisions of this section do not apply to cats held in a veterinary establishment where cats are received or kept for diagnostic, medical, surgical, or other treatments.

Vaccination Certificate. A certificate of vaccination shall be issued to the owner of each cat which has been administered a vaccination in a form recommended by the State.

Exemptions. Any cat may be exempted from the requirements of such vaccination for a specified period of time by the Midland Park 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 vaccination of such cat shall be deemed inadvisable.

§ 5-3.4 Licensing Requirements.

[Ord. #11-90, § 3]

Cats Must Have License Number Displayed. Any owner of a cat of licensing age shall annually apply for and procure from the Borough Clerk or other official designated by resolution of the governing body a license for each cat owned, except as provided below. The license number shall be displayed on any licensed cat. Acceptable methods of displaying the license number shall include, but are not limited to, an official license tag or sleeve securely affixed to a break-away or elastic collar. License tags or sleeves are not transferable. If a cat is tattooed with the owner's social security number plus a letter or letters uniquely identifying such cat and such identifying tattoo is listed on the license application, then no license number need be displayed.

Time for Applying for License. The owner of any newly acquired cat of licensing age, or of any cat which attains licensing age, shall make application for a license for such cat within ten (10) days after such acquisition or age attainment. This requirement will not apply to a nonresident keeping a cat within the Borough for no longer than thirty (30) days.

Cats Brought into Jurisdiction. Any person who shall bring or cause to be brought into the Borough any cat, and shall keep the same or permit the same to be kept within the Borough for a period of more than thirty (30) days, shall immediately apply for a license for such cat, unless otherwise exempted under this section.

Application, Contents, Preservation of Information. The application shall state the breed, sex, age, color, and markings of the cat for which license is sought, and whether it is of a long- or short-haired variety; the date on which such cat was last vaccinated against rabies and the name, street, post office address, telephone number and email address of the owner, the person who shall keep or harbor such cat, and any tattoo which shall be used to uniquely identify such cat. The information on the application and the registration number issued for the cat shall be preserved for a period of three years by the Borough Clerk or other official designated to license cats.

[Amended 12-19-2019 by Ord. No. 21-19]

License Forms and Tags. License forms and official tags or sleeves shall be furnished by the Borough and shall be numbered serially, and shall bear the year of issuance and the name of the Borough.

Evidence of Rabies Vaccination or Certification of Exemption; Requirement for License. The Borough Clerk or other official designated by the governing body to license cats shall not grant any such license for any cat unless the owner thereof provides evidence that the cat to be licensed has been vaccinated or has been certified exempt as provided by Subsection 5-3.4.

License Fee Schedule. Application for cat licenses and registration tags shall be made during the month of May each year. License and registration tags shall expire on the last day of May of each year. On or before April 15 of each year a notice will be mailed to owners of licensed cats advising of the requirement to renew the license by June 15 and that failure to do so will result in the assessment of a late fee of $10. On June 15 a second mailing will be forwarded advising that failure to renew the license by June 30 will result in the issuance of a summons.

[Amended 12-19-2019 by Ord. No. 21-19]

Newly Acquired Cats. The owner of any newly acquired cat of licensing age acquired after May 31 shall apply for a cat license and registration tag within 10 days of the date of such acquisition. The owner of any cat which attains licensing age after May 31 shall apply for a cat license and registration tag within 10 days of the date when such cat attains licensing age.

[Amended 12-19-2019 by Ord. No. 21-19]

Loss of License. If a license tag or sleeve has been misplaced or lost, the Borough Clerk may issue a duplicate license or registration sleeve for that particular cat at a fee as provided in the Borough's General Fee Ordinance. In the absence of such provision the fee shall be five ($5.00) dollars.

Proof of Licensing. Proof of licensing shall be produced by any owner of a cat upon the request of any Health Official, Police Officer, or Animal Control Officer.

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.

Disposition of Fees Collected. License fees and other moneys collected or received under the provisions of this section shall be forwarded to the Borough Treasurer, 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 anti-rabies 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. Any unexpended 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 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 any amount then in such account which is in excess of the total amount paid into the special account during the last two (2) fiscal years next preceding.

Sick or Diseased Cats. Any cat showing a change in disposition or illness suggesting it may be rabid or any cat that bites another animal or human may be required by the Health Officer, Animal Control Officer or designated agent to be quarantined for a period of ten (10) days. The owner of a cat evidencing a change in disposition or illness suggesting it may be rabid may be required to have such cat examined by an approved veterinarian. Any cost incurred in quarantining such cat or veterinary service examination shall be paid for by the owner or harborer of such cat or cats.

The owner of the cat previously licensed which cat is deceased or no longer located in the Borough shall advise the Borough Clerk within 30 days of such death or relocation.

[Amended 12-19-2019 by Ord. No. 21-19]

§ 5-3.5 (Reserved) [1]

Editor's Note: Former Subsection 5-3.5, Annual Canvass, Ord. #11-90, § 4, was repealed 12-19-2019 by Ord. No. 21-19.

§ 5-3.6 (Reserved) [1]