[1967 Code § 5-2-3; Ord. No. 2-6-67 § 3; Ord. No. 12-90 § 1; New; Ord. No. 2249-05 § 1; Ord. No. 2346-09 § 1]
As used in this Chapter:
Shall mean the Millburn Township Animal Control Officer certified
by the State of New Jersey as an Animal Control Officer who shall
enforce the provisions of this Chapter.
Shall mean any member of the domestic feline species, male,
female or altered.
Shall mean any cat which has attained the age of seven (7)
months, or which possesses a set of permanent teeth.
Shall mean any member of the domestic canine species, male,
female or altered.
Shall mean any dog which has attained the age of seven (7)
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 that pet solid waste is removed at once, without
delay.
Shall mean the Millburn Township Health Officer who shall
administer the issuance of licenses under the provision of this Chapter.
Shall mean rendered permanently incapable of reproduction
as certified by a licensed veterinarian.
Shall mean any person who shall possess, maintain, house
or harbor any pet or otherwise have custody of any pet, whether or
not the owner of such pet.
Shall mean a domesticated animal (other than a disability
assistance animal) kept for amusement or companionship.
Shall mean a kennel, a pet shop, a shelter or a pound.
Shall mean waste matter expelled from the bowels of the pet;
excrement.
Shall mean an establishment for the confinement of dogs seized
either under the provisions of this Chapter or otherwise.
Shall mean placement in a designated waste receptacle, or
other suitable container, and discarded in a refuse container which
is regularly emptied by the municipality or some other refuse collector;
or disposal into a system designed to convey domestic sewage for proper
treatment and disposal.
Shall mean all animals that are neither human nor domesticated.
[1967 Code § 5-1-1]
No owner or person having custody of a live animal, other than
a dog or cat, shall suffer it to run at large or to be upon or in
any public place in the Township; provided, that nothing contained
in this section shall be deemed to affect any other provision of this
Code.
[1]
For State law authorizing the Township to prohibit or regulate
animals running at large, see N.J.S.A. § 40:48-1.
[1967 Code § 5-1-2]
No person shall inhumanly, cruelly or unnecessarily beat, kick
or injure any dumb animal or fail or neglect to provide the same,
if in his/her custody, with necessary sustenance.
[1]
For State law as to cruelty to animals generally, see N.J.S.A.
4:22-15 to 4:22-33. As to authority of Township to prevent cruelty
to animals, see N.J.S.A. 40:146-21.
[Ord. No. 2249-05 § 2]
No person shall feed, in any public park or on any other property owned or operated by the Township, any wildlife, excluding confined wildlife (for example, wildlife confined in zoos, parks or rehabilitation centers) and excluding unconfined wildlife at environmental education centers. Any person who is found to be in violation of this Section 5-4 shall be ordered to cease the feeding immediately and shall be subject to the penalties provided in subsection 1-5.1.
[Ord. No. 12-90 § 1]
a.
Vaccination and License Requirements. No person shall own, keep,
harbor or maintain any cat of licensing age within the Township unless
such cat is vaccinated and licensed.
The provisions of this section do not apply to cats which are
confined in a room, cage or pen and kept or displayed for sale, 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 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 vaccinated cat 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 Animal Control Authority,
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. No. 12-90 § 1; Ord. No. 2346-09 § 2; Ord. No. 2458-16 § 1]
a.
Annual License and License Tag Required; Placing Tag on Cat. Any
owner of a cat of licensing age shall annually, in the month of December,
apply for and procure from the Millburn Health Officer a license and
official license tag with license number, 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 thereto. Acceptable methods
of displaying license number shall include, but are not limited to,
break-away or elastic collars. License tags are not transferable.
Licenses shall be effective for the period commencing January 1 and
ending December 31 annually.
b.
Time for Applying for License and Tag for Newly Acquired Unlicensed
Cat or for Cat Attaining Licensing Age. The owner of any newly acquired
unlicensed cat of licensing age or of any cat which attains licensing
age shall make application for license and tag for such cat within
ten (10) days after such acquisition or age attainment. This requirement
shall not apply to a nonresident keeping a cat within the Township
for no longer than ninety (90) days, providing the owner of the cat
has proof of current rabies immunization.
c.
Time for Applying for License and Tag for Unlicensed Cat, or Cat
Licensed in Another State and Brought into the Township. Any person
who shall bring or cause to be brought into the Township any unlicensed
cat and who shall keep the same or permit the same to be kept within
the Township for a period of more than ten (10) days shall immediately
apply for a license tag for each such cat. This requirement shall
not apply to a nonresident keeping a cat within the Township for no
longer than ninety (90) days, providing the owner of the cat has proof
of current rabies immunization. Any person who shall bring or cause
to be brought into the Township any cat licensed in another State
for the current year and bearing a license tag and who shall keep
the same or permit the same to be kept within the Township for a period
of more than ninety (90) days shall immediately apply for a license
and tag for each such cat.
d.
License and Tag Issued in Another New Jersey Municipality. A license
and tag issued by another New Jersey municipality shall be accepted
by the Township as evidence of compliance with this section until
December 31 of the year of issuance of the license.
e.
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 the name, street and post office address
of the owner and the person who shall keep or harbor such cat. The
information on the application and the license number issued for the
cat shall be preserved for a period of three (3) years by the Township
Board of Health. License numbers shall be issued in the order of the
applications.
f.
License Forms and Tags. The license forms and official tags furnished
and issued by the Township shall be numbered serially, and indicate
the year of issuance.
g.
Evidence of Inoculation with Rabies Vaccine or Certification of Exemption; Requirement for License. The Health Officer shall not grant any such license tag for any cat unless the owner thereof provides evidence that the cat to be licensed 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 5-5.1d. The rabies inoculation shall be administered by a duly licensed veterinarian, or by such other veterinarian permitted by law to do the same, and the vaccine shall be valid until October 31st of that licensing year.
h.
License Fee Schedule. A license shall be issued after payment of a fee of twenty-one dollars ($21.00) for each unneutered cat and eighteen dollars ($18.00) for each neutered cat. Persons who fail to obtain a license as required within the time period specified in subsection 5-5.1 shall be subject to a one-time delinquent fee of ten ($10.00) dollars after March 1st.
i.
Expiration Date of Licenses. Licenses issued by the Township shall
expire on December 31 of each year.
j.
Loss of License. If a license tag has been misplaced or lost, a duplicate
may be issued free.
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.
[Ord. No. 12-90 § 1]
a.
No person, except an officer in the performance of his/her duties,
shall remove a license tag from the collar of any cat without the
consent of the owner, nor shall any person attach a tag to a cat for
which it was not issued.
b.
No licensed cat shall be allowed off the premises of the person harboring
or keeping the cat without the metal tag attached to its collar.
c.
Any cat found off the premises of the owner without a metal tag attached
to its collar may be seized and treated in a like manner as prescribed
for dogs.
[Ord. No. 12-90 § 1]
The Animal Control Officer of the Township or such other person
appointed for the purpose by the Township Committee shall annually
cause a canvass to be made of all cats owned, kept or harbored within
the limits of the Township. The Animal Control Officer shall report
on or before May 1 of each year, to the Board of Health, the result
thereof, setting forth in separate columns the names and addresses
of persons owning, keeping or harboring such cats, the number of licensed
cats owned, kept or harbored by each of the persons, together with
a complete description of each of the unlicensed cats.
[1967 Code § 5-2-2]
No person owning or harboring a cat suffering from an infectious
or contagious disease shall permit such animal to run at large. Any
such diseased animal found running at large shall be seized, impounded
and killed.
[1]
Editor's Note: For State law as to dogs generally, see
N.J.S.A. 4:19-1 to 4:19-16.
[1967 Code § 5-2-3; Ord. No. 2-6-67 § 2; Ord. No. 28-81; Ord. No. 2346-09 § 3; Ord. No. 2458-16 § 2]
a.
Evidence of Inoculation with Rabies Vaccine or Certification of Exemption; Requirement for License. The Health Officer shall not grant any such license tag for any dog unless the owner thereof provides evidence that the dog to be licensed 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 except as provided by subsection 5-6.1e. The rabies inoculation shall be administered by a duly licensed veterinarian, or by such other veterinarian permitted by law to do the same, and the vaccine shall be valid until October 31st of that licensing year.
b.
License Required. Any person who shall own, keep or harbor a dog
of licensing age, which means a dog of seven (7) months or which possesses
a set of permanent teeth, shall in the month of January, annually
apply for and procure from the Health Officer a license and license
tag for each such dog, so owned, kept or harbored, and shall place
upon each such dog a collar with the license tag securely fastened
thereto.
c.
When to Apply. The owner of any newly acquired dog of licensing age,
as hereinbefore described, shall make application for license and
tag for such dog within ten (10) days after such acquirement or age
attainment.
d.
Fees. The Health Officer is hereby designated to license dogs and the sum to be paid annually for a dog license is fixed at twenty-one dollars ($21.00) for each unneutered dog and eighteen dollars ($18.00) for each neutered dog. Persons who fail to obtain a license as required within the time period specified in subsections 5-6.1a and b shall be subject to a one-time delinquent fee of ten ($10.00) dollars after March 1st.
e.
Exemption for Seeing Eye Dogs or Therapy Dogs. Dogs used as guides
for blind persons and commonly known as "seeing-eye" dogs or "therapy
dogs" shall be licensed as other dogs except that the owner shall
not be required to pay any fees therefor.
f.
Inoculation Exemptions. A dog may be exempted from the requirements
of such vaccination for a specified period of time by the Animal Control
Authority, upon presentation of a veterinarian's certificate
stating that because of infirmity or other physical condition, or
regimen of therapy, the inoculation of such dog shall be deemed inadvisable.
[1]
Editor's Note: For State law authorizing the Township
to fix a license fee for dog license, see N.J.S.A. 4:19-15.12. As
to fee for registration tag, see N.J.S.A. 4:19-15-2.
[1967 Code § 5-2-6]
For the purpose of this section, a dog shall be deemed to be
running at large when it is not either on the premises of its owner
or custodian and under the immediate control or custody of its owner
or some person responsible to the owner, or on leash in the hands
of a responsible person.
[1967 Code § 5-2-7; Ord. No. 2-6-67 § 4]
No person owning, harboring or keeping a dog shall permit such
dog to run at large within the Township.
[1967 Code § 5-2-8; Ord. No. 8-9-68 § 1]
Any dog found running at large shall be taken into custody,
impounded and destroyed or otherwise disposed of as provided by law.
No dog taken into custody and impounded as aforesaid shall be restored
to a claimant therefor except upon payment to the pound of all expenses
incurred by reason of its detention, including maintenance.
[1967 Code § 5-2-9]
No person shall keep, harbor or maintain any dog in the Township
which habitually barks or cries for prolonged periods of time.
[1967 Code § 5-2-10]
If a person shall have been bitten by a dog, or in case the
Health Officer or any duly authorized physician shall certify that
any dog shall be confined for observation, it shall, in either of
such events, become the duty of the owner or person having custody
of such dog, upon direction of the Police Department, to either have
such dog confined under observation for ten (10) days in the custody
of a licensed veterinarian, or, if such owner or person produces proof
satisfactory to the Police Department that such dog has been vaccinated
against rabies within twelve (12) months last past, such dog shall
be confined for ten (10) days at the home or residence of the owner
or person having custody of such dog. If such owner or person having
custody of such dog shall fail to have it so confined or fail to confine
it to the home or residence of such person in accordance with this
subsection, the Health Officer or any Police Officer shall be required
and deemed authorized to have such dog confined in the custody of
a licensed veterinarian for ten (10) days at the expense of such owner
or person having custody of such dog. If such dog is confined at the
home or residence of the person having custody of it, such person
or owner shall, at the end of the ten (10) day confinement period,
submit such dog to a licensed veterinarian for examination and observation,
and such veterinarian shall determine whether the destruction of such
dog is necessary for the public safety. In either case, that is, whether
the dog is confined in the custody of a licensed veterinarian or in
the custody of the owner or person having custody of such dog, the
veterinarian shall determine whether the destruction of the dog is
necessary for the public safety, and if he/she so certifies to the
Chief of Police, the Chief of Police shall cause such dog to be destroyed.
If the veterinarian shall certify that the destruction of such dog
is not necessary for the public safety, it shall be returned to its
owner or the person having custody of the same. All fees and expenses
allowed by law incurred under this subsection shall be paid for by
the owner or person having custody of the dog.
[1967 Code § 5-2-11]
When any dog shall have bitten a person on three (3) separate
occasions, then the owner or custodian of the dog, whether or not
the dog has been vaccinated, shall be required either to cause the
dog to be destroyed forthwith or forever thereafter to keep it muzzled.
[1]
Editor's Note: For further control of dangerous dogs,
see N.J.S.A. 4:19-17 et seq.
[1967 Code § 5-2-11.1; Ord. No.
2-6-67 § 5]
The Mayor shall, with the consent of the Township Committee,
whenever the public safety may require it, issue a proclamation authorizing
the killing of any dog found running at large within the Township
without being muzzled with a wire muzzle securely fastened about the
nose.
[1967 Code § 5-2-12]
No person shall attach a license tag to a dog for which it was
not issued, or remove a license tag or collar from a dog, without
the consent of the owner.
[1967 Code § 5-2-13]
The Chief of Police, the members of the Police force, and the
Dog Warden by virtue of their offices, and such assistants as may
be appointed or employed for that purpose, shall have and exercise
the powers and authority necessary to enforce the provisions of this
section. The Township Committee shall designate a pound to which animals
seized under the provisions of this section shall be taken.
[1967 Code § 5-2-14]
No person shall hinder, molest or interfere with anyone authorized
or empowered to perform any duty under this section.
[1967 Code § 5-2-15; Ord. No. 2-6-67 § 6; Ord. No. 3-20-67 § 1]
a.
Any
person who shall violate any provision of this chapter shall, be liable
to the penalty, upon conviction, of not less than twenty-five dollars
($25.00) nor more than five hundred dollars ($500.00) for each offense,
except that for the first offense of failure to secure a license,
the penalty shall be not less than one dollar ($1.00) and not more
than fifty dollars ($50.00).
b.
Any person who shall violate the provisions of subsection 5-5.5, Cats Running at Large when Suffering with Contagious Diseases, shall be liable to a penalty of not less than one dollar ($1.00) nor more than fifty dollars ($50.00) for the first offense, and not less than five dollars ($5.00) nor more than fifty dollars ($50.00) for each subsequent offense, to be recovered in the manner provided by N.J.S.A. 4:19-15.19 et seq.
[Ord. No. 2249-05 § 2]
All pet owners and keepers are required to immediately and properly dispose of their pet's solid waste deposited on any property, public or private, not owned or possessed by that person, except that any owner or keeper who requires the use of a disability assistance animal shall be exempt from the provisions of this section while such animal is being used for that purpose. Any person who is found to be in violation of this Section 5-8 shall be subject to the penalties provided in subsection 1-5.1
[Ord. No. 2346-09 § 4]
a.
License
Required. Any person who keeps or operates or proposes to establish
a kennel, a pet shop, a shelter, or a pound shall apply to the Health
Department for a license entitling him to keep or operate such establishment.
All licenses issued for such establishment shall state the purpose
for which the establishment is maintained, shall expire on the last
day of January of each year and shall not be transferable to another
owner or different premises.
b.
License
Fees. The annual license fee for a kennel or pet shop shall be one
hundred dollars ($100.00). No fee shall be charged for a shelter or
pound.
c.
Individual
Dog License Not Required. Any person holding such license shall not
be required to secure individual licenses for dogs owned by such licensee
and kept at such establishments.
d.
Dogs
Off Premises. No dog kept in a kennel, pet shop, shelter or pound
shall be permitted off such premises, except on leash or in a crate
or other safe control.
e.
Pet
shops licenses are issued by the municipality where the operation
is located and a license fee is required. As a prerequisite to licensure,
the facility must obtain a satisfactory inspection from the local
Health Department to ensure the shop meets all the requirements of
N.J.A.C. 8:23A1.1 through 1.12, Sanitary Operation of Kennel, Pet
Shops, Shelters and Pounds, as well as all zoning and other municipal
ordinances.
[Ord. No. 2509-18]
a.
For the purpose of this section, a chicken (Gallus Domesticus) refers
only to a female chicken.
b.
Coop shall mean the covered house, structure or room that is required
in order to provide chickens with shelter from the weather and with
a roosting area protected from predators. No coop shall exceed six
(6') feet in height.
c.
Chicken Enclosure shall mean a fenced area that is attached to a
Coop in order to provide an outside exercise area for the chickens
free from predators, and of a size no greater than forty (40) square
feet, with a fence not in excess of six (6') feet in height,
but sufficiently constructed to prevent entrance by predators.
d.
Repeat Violation shall mean the violation of a provision of this
section or of the Revised General Ordinances, pertaining to the requirements
of the keeping of chickens, by a person who has been found two (2)
previous times, through a code enforcement proceeding or any other
administrative, quasi-judicial or judicial process, to have violated,
or who has admitted violating, any provision within three (3) years
prior to the current violation.
[Ord. No. 2509-18]
a.
Any person who keeps chickens in the Township of Millburn shall obtain
a permit from the Township prior to acquiring the chickens. The issuance
of permits shall be limited to one (1) per residential property. Any
person who, at the time of the effective date of this section, is
currently keeping chickens at a residential property within the Township
shall apply for a permit within sixty (60) days. Application shall
be made to the Health Officer and the fee for the permit shall be
one hundred dollars ($100.00). A separate inspection fee shall be
charged at the time of application in the amount of sixty-five dollars
($65.00). The application shall include a survey and a drawing or
diagram depicting the placement and dimensions of the coop and chicken
enclosure.
b.
In the event that a permit application by any person who is currently
keeping chickens is denied, such person shall be obliged to remove
any such chickens, coops and enclosures within 30 days of such denial.
Any such person shall have the right to immediately file a conforming
application so as to obtain a permit, in which case it shall not be
necessary for them to comply with the removal requirements above set
forth.
c.
The permit shall be obtained annually in the month of December from
the Health Officer for a permit commencing on the ensuing January
1st. Failure to obtain an annual renewal permit shall result in a
penalty of twenty-five dollars ($25.00) for each chicken, which shall
be collected as a surcharge to the permit fee hereinabove required.
In the event that a permit application is made after January for a
new commencement of the keeping of chickens at a property, the fee
shall be prorated to December 31st of that year.
d.
Permits expire and become invalid on December 31st of each year.
A person who wishes to continue keeping chickens shall have obtained
a new permit on or before the expiration date of the previous permit.
Application for a new permit shall be pursuant to the procedures and
requirements that are applicable at the time the person applies for
a new permit.
e.
Upon a repeat violation, any permit issued shall be revoked. The
holder of a revoked permit is ineligible from applying for or attaining
a new permit for a period of two (2) years from the date of revocation.
Upon the revocation of any permit, the permit holder shall be obliged
to remove chickens, Coop and Chicken Enclosure immediately thereafter.
[Ord. No. 2509-18]
Notwithstanding the issuance of a permit by the Township, private
restrictions on the use of property shall remain enforceable and take
precedence over a permit. Private restrictions include but are not
limited to deed restrictions, condominium master deed restrictions,
neighborhood association by-laws, and covenant deeds. The interpretation
and enforcement of the private restriction is the sole responsibility
of the private parties involved.
[Ord. No. 2509-18]
A person who keeps or houses chickens on his or her property
shall comply with all of the following requirements:
b.
Shall keep no more than four (4) chickens.
c.
Shall keep chickens only on a property, the principal use of which
is as a single-family dwelling.
d.
Shall keep no rooster.
e.
Shall not slaughter any chickens.
f.
Shall provide the chickens with a chicken enclosure as defined in subsection 5-10.1c and the chickens must be kept in the coop or chicken enclosure at all times. No chickens shall be allowed to free range or be otherwise located outside of the coop and chicken enclosure areas. The coop and chicken enclosure are subject to all provisions of the Development Regulations and Zoning Ordinance of the Township, as well as all building, plumbing and electric permitting requirements, except to the extent addressed by the provisions of this subsection 5-10.4.
g.
Shall not keep chickens in any location on the property other than
in the backyard. For purposes of this section, "backyard" means that
portion of a lot enclosed by the property's rear lot line and
the side lot lines to the points where the side lot lines intersect
with an imaginary line established by the rear of the single-family
structure and extending to the side lot lines.
h.
No part of a coop or chicken enclosure shall be closer than twenty
(20) feet to any property line of an adjacent property.
i.
Shall provide a coop and chicken enclosure for the keeping of chickens
which shall be so constructed and repaired as to prevent rats, mice,
or other rodents from being harbored underneath, within, or within
the walls of, the enclosure. No part of a coop or chicken enclosure
shall not be located closer than twenty (20') feet to the residential
structure on the property. Coops shall be ventilated and in a clean
and sanitary condition at all times.
j.
Shall protect feed and other items associated with the keeping of
chickens that might attract or become infested with or infected by
rats, mice, or other rodents through the use of rat-proof containers
so as to prevent rats, mice, or other rodents from gaining access
to or coming into contact with them. All food for immediate consumption
shall be placed in a suitable feeding trough or similar container
and all other food shall be stored in rat-proof containers at all
times. No poultry feed shall be scattered about any premises.
k.
For purposes of this section, adjacent property means all parcels
of property that the applicant's property comes into contact
with at one or more points.
m.
The selling of eggs by any person keeping chickens pursuant to this
section is prohibited.
n.
Any dead chicken must be double bagged and placed in the garbage.
[Ord. No. 2509-18]
A person who has been issued a permit for the keeping of chickens pursuant to this section shall submit it for examination upon demand by any enforcement officer listed in Subsection 5-10.6 below.
[Ord. No. 2509-18]
The Township Health Officer, Code Enforcement Officer or Animal
Control Officer shall have authority to discern compliance with this
section and the authority to direct compliance with this section with
regard to requiring certain facilities or activities by chicken owners
to ensure that neighbors of those who keep chickens are not unreasonably
subjected to noise, rodents, predators, or other violations of the
provisions of this section.
