[Adopted 4-9-75 by Ord. No. 4-1975]
As used in this article, the following terms shall have the
meanings indicated:
Includes all cats over the age of six (6) months.
A house, apartment, store or other building whether or not
used or designated for use as a dwelling.
The immediate family group occupying one (1) dwelling unit.
A.
No person shall own, keep, harbor or maintain any cat over six (6)
months of age within the Borough unless such cat is vaccinated and
licensed.
[Amended 11-8-93 by Ord. No. 27-1993]
B.
The annual license fee for cats over six (6) months of age shall
be three dollars ($3) for each cat. There will be a two dollar ($2)
additional surcharge on all licenses issued for unspayed and unneutered
cats. Owners presenting a certificate signed by a licensed veterinarian
or a notarized statement signed personally certifying that their cat
has been sterilized are exempt from the two dollar ($2) surcharge.
[Amended 11-8-93 by Ord. No. 27-1993]
C.
If the license has been misplaced or lost, the Borough Clerk is authorized
to issue a duplicate license for that particular cat, at a fee of
twenty-five cents ($0.25). Said license shall not be transferable
to a cat other than the one for which said license was originally
issued.
D.
All licenses shall expire on the 31st day of December.
E.
The Borough Clerk shall keep a record book showing the names of owners,
custodians or harborers of cats, a description of each cat so owned
or harbored, the date of the issuance of the license and the amount
of the fee therefor, which fees shall be deposited into the general
funds of the Borough of Avon-by-the-Sea.
A.
No more than three (3) cats shall be sheltered or kept by any one
(1) family group.
B.
No cat shall be sheltered or kept that is not domesticated.
C.
The quarters where cats are kept shall be clean and sanitary and
such as not to create a health hazard or disturbance by reason of
noise, odor or other causes.
A.
The Chief of Police of the Borough of Avon-by-the-Sea, any police
officer designated for that purpose by the Chief of Police, the Society
for the Prevention of Cruelty to Animals and/or any similar organization
designated by said Borough of Avon-by-the-Sea or the Health Officer
or sanitarian shall take into custody and impound or cause to be taken
into custody or impounded and thereafter destroyed or disposed of
as provided for in this article:
(1)
Any cat off the premises of the owner or of the person keeping or
harboring said cat which said official or his agent or agents have
reason to believe is a stray cat.
(2)
Any female cat in season off the premises of the owner or of the
person keeping or harboring said cat.
(3)
Any cat which, upon complaint by one (1) or more residents, shall
be bothering, disturbing or causing nuisance to said resident or residents.
B.
If any cat 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 if the person keeping or harboring said cat is
known, the Chief of Police or Health Officer or Sanitarian shall forthwith
serve on the person whose address is given on the collar, or on the
owner or the person keeping or harboring said cat, if known, a notice
in writing stating that the cat 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.
C.
Nothing contained herein shall be deemed to require the placing of
a collar on any cat.
When any cat so seized has been detained for seven (7) days after notice, which notice can be given as set forth in § 93-26, or has been detained for seven (7) days after seizure, when notice has not been and cannot be given as set forth in § 93-26, and if the owner or person keeping or harboring said cat has not claimed said cat and paid all expenses incurred by reason of its seizure and detention, including maintenance at prevailing rates charged per day, and if said cat is unlicensed at the time of the seizure and the owner or person keeping or harboring said cat has not claimed or produced a license for said cat and paid for its seizure, detention and maintenance as above set forth, the Chief of Police and/or the Society for the Prevention of Cruelty to Animals and/or any similar organization and/or any person designated for that purpose, the Health Officer or Sanitarian may cause said cat to be destroyed in a humane manner, causing as little pain as possible.
A notice under this article 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 place of abode or to the address
given on the collar.
A.
No person who owns, keeps, harbors or maintains any cat shall permit
or suffer it to do any damage to any person, fowl or domestic animals
or permit or suffer it to do any damage to or to soil or defile any
lawn, shrubbery, garden, flowers, grounds or property of any person
other than the person owning, keeping, harboring or maintaining such
cat.
B.
The local Board of Health may revoke any permit if the person holding
the permit refuses or fails to comply with this article, the regulations
promulgated by the local Board of Health or any state or local law
governing cruelty to animals or the keeping of animals. Any person
whose permit is revoked shall, within ten (10) days thereafter, humanely
dispose of all animals being owned, kept or harbored by such person,
and no part of the permit fee shall be refunded.
[Amended 8-27-1979 by Ord. No. 7-1979; 4-22-02 by Ord.
No. 5-2002]
Any person who violates any provision of this article shall, upon conviction thereof, be liable to the penalty provided by Chapter 1, Section 1-15. Each and every day such violations continue shall be considered as a separate and specific violation of this article, and the penalties herein prescribed shall apply to such separate and specific offenses.
