[Ord. No. 446 § 1]
This chapter shall be known as "The Maurice River Township Animal
Control and Licensing Regulations."
[Ord. No. 446 § 2]
As used in this chapter:
Shall mean any domestic short or long haired cat.
Shall mean a person eighteen (18) years or older who has
satisfactorily completed a course of study approved by the Commissioner
of Health on the control of animals, or who has been employed in the
State of New Jersey in the capacity of, and with similar responsibilities
to those required of a Certified Animal Control Officer for three
(3) years. This can also refer to an agency which supplied the animal
control services of a Certified Animal Control Officer.
Shall mean any male dog or female bitch.
Shall mean any bird, including but not limited to ducks,
geese or chickens.
Shall mean any person over eighteen (18) years of age exercising
control over a dog, cat or other animal to remain on premises under
his or her control.
Shall mean any establishment wherein or whereon the business
of boarding or selling dogs or breeding dogs for sale is carried on,
except a pet shop.
Shall mean a dog which has attained the age of seven (7)
months or which possesses a set of permanent teeth.
Shall mean any domestic animal, including but not limited
to cattle, horses, pigs, goats, rabbits, swine, or fowl raised for
home use or profit.
Shall mean every person over eighteen (18) years of age having
a right of property in such dog, cat, or other animal in his or her
keeping for a period of ten (10) days or longer.
Shall mean any room or group of rooms or cages or exhibition
pen not part of a kennel wherein animals, birds, and/or fish are kept,
displayed, or offered for sale.
Shall mean a dog that has been identified by virtue of their
unprovoked attacks on, and associated injury to, persons or animals.
Shall mean an establishment for the confinement of dogs or
other animals seized under the provisions of this chapter.
Shall mean an establishment where dogs, cats, or other animals
are received, housed and distributed.
Shall mean the Township Clerk of Maurice River Township or
any other person or official designated in the Clerk's place
and stead by the Township Committee.
Shall mean a dog that has been identified by virtue of their
unprovoked attacks on, and associated injury to, or causing the death
of persons or animals.
[Ord. No. 446 § 3]
a.
No persons shall own, keep or harbor any dog within the Township
except in compliance with the provisions of this section and unless
such person shall first obtain a license and official metal registration
tag therefor issued by the Township Clerk upon application by the
owner, payment of the prescribed fee and proof of rabies vaccination
as per State law.
b.
The license which shall be issued by the Township shall contain the
name and address of the owner of such dog, a short description of
the dog to be licensed, such as breed, sex, age, color and markings,
proof of current rabies vaccination which extends to the entire licensing
year in which the license is to be issued, and also the registration
number of such license shall bear the signature of an authorized agent
thereof.
c.
The information supplied on all licenses under this section and the
registration number issued to each licensed dog shall be preserved
for a period of three (3) years. Information regarding dog licenses
shall be forwarded to the State Department of Health each month.
d.
In no case shall there be allowed or maintained more than five (5)
dogs in any one (1) household or upon any one (1) property in the
Township unless that property is licensed as a pound, kennel, shelter
or pet shop.
[Ord. No. 446 § 4]
Any person who owns, keeps or harbors a dog of licensing age
in the Township shall apply for and procure a license and official
metal registration tag from the Township for each dog owned, kept
or harbored and shall place a collar or harness upon the dog with
the registration tag securely fastened thereto. Applications shall
be made from January 1 through March 31 annually, and are due no later
than March 31 of each year. In the event that a dog is owned, kept
or harbored in the Township on January 1, then the application for
a license shall be made within ten (10) days of the date upon which
a dog in question first became subject to the provisions of this section.
[Ord. No. 446 § 5; Ord. No. 603]
a.
Fees. The person applying for the license and registration tags shall
pay to the Township a fee of seven ($7.00) dollars: five dollars and
eighty ($5.80) cents payable to the Township for each dog license
plus the State of New Jersey fee of one ($1.00) dollar for registration
and twenty ($.20) cents for the State's Pilot Clinic Fund for
a total fee of seven ($7.00) dollars. In addition, the person applying
for the license and registration tag shall pay a fee of three ($3.00)
dollars for any dog of reproductive age which has not had its reproductive
capacity permanently altered through sterilization. A late fee of
five ($5.00) dollars will be charged on and after April 1 of each
year. The license and registration tags and renewal thereof shall
expire on December 31 of each year.
b.
"Seeing Eye Dogs" and "Hearing Ear Dogs." No fee shall be charged
for dogs used as guides for blind persons and commonly known as "Seeing
Eye Dogs," dogs used to assist deaf persons and commonly known as
"Hearing Ear Animals," dogs used to assist handicapped persons commonly
known as "Service Dogs" and dogs used by the Police Department to
assist in official law enforcement matters and commonly known as "K-9
Dogs." These animals shall be licensed in the same manner as other
dogs, except that the owner or keeper shall not be required to pay
any fees.
c.
Potentially Dangerous or Vicious Dogs. A person applying for a license
for an identified potentially dangerous or vicious dog shall pay to
the Township a fee of seven hundred ($700.00) dollars in addition
to the fees listed above. In addition, the owner or keeper of an identified
potentially dangerous or vicious dog shall present to the Township
proof that the owner or keeper has procured liability insurance in
the amount of at least one million ($1,000,000.00) dollars, covering
the twelve (12) month period during which licensing is sought. This
policy shall contain a provision requiring the Township to be named
as an additional insured for the sole purpose of the Township to be
notified by the insurance company of any cancellation, termination
or expiration of the policy.
[Ord. No. 446 § 6]
A license shall be required for any dog owned by a resident:
a.
On the first day of January of a calendar year (application for licenses
due from January 1 through March 31 of each year).
b.
Any dog acquired by any person during the course of any calendar
year and kept within the Township for more than ten (10) days after
acquisition.
c.
Any dog attaining licensing age during the course of the calendar
year.
d.
Any unlicensed dog brought into the Township by any person and kept
for more than ten (10) days.
e.
Any dog licensed by another State brought into the Township by any
person and kept for more than ninety (90) days.
[Ord. No. 446 § 7]
No person, except the Animal Control Officer or Police Officer
in the performance of his duties, shall remove a registration tag
and/or collar from 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. No. 446 § 8]
a.
License fees and other moneys collected or received under the provision
of this section shall be forwarded to the Chief Financial Officer
of the Township after collection or receipt and shall be placed in
a special account separate from any of the other accounts of the Township
and used for the following purposes only:
1.
Collecting, keeping and disposing of dogs and other animals liable
to seizure.
2.
Local prevention and control of rabies.
3.
Providing anti-rabies treatment under the direction of the County
Health Department for any person exposed to rabies.
4.
All other purposes prescribed by the Statutes of New Jersey governing
the subject.
b.
Any unexpended balance remaining in such special accounts 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 section.
At the end of the third fiscal year following, and at the end of each
fiscal year thereafter, there shall be transferred from the special
account to the general funds of the Township any amount then in the
special account which is in excess of the total amount paid into the
special account during the last two (2) fiscal years next preceding.
c.
The registration tag fee for each dog shall be forwarded within thirty
(30) days after collection by the Township Clerk to the State Department
of Health.
[Ord. No. 446 § 12]
Any person or agency appointed for the purpose by the Township
Committee shall once every two (2) years cause a canvass to be made
of all dogs owned, kept or harbored within the limits of the Township.
A report will be made to the Municipal Clerk or other person designated
to license dogs in the Township and to the County Board of Health,
and to the State Department of Health on or before September 1 of
that year.
[Ord. No. 446 § 9]
No dog, cat, cattle, goat, swine, fowl and/or other like animal
or livestock shall run or be permitted by its owner to run upon any
public street, sidewalk, thoroughfare, park, playground, school yard
or in any of the public places of the Township or upon any private
property without the prior consent of the owner.
[Ord. No. 446 § 10]
No person shall own, keep, harbor, or maintain any dog, or other
animal which habitually barks, howls, or cries frequently and thereby
disturbs the peace and quiet of the neighborhood and creates a nuisance
at any time of the day or night. Whenever a complaint shall be made
in writing, under oath, by two (2) or more persons setting forth that
such barking and howling is continued for unreasonable periods of
time, to the annoyance and discomfort of the complainant and their
neighbors and families so that it can be established that such barking
and howling is a nuisance to the immediate neighborhood, then in such
case, the owner of the dog or dogs shall cause the barking and howling
to cease and immediately terminate, and if such barking and howling
shall occur again, the owner of such dog or dogs shall be deemed to
be violating this section and shall be subject to penalty as set forth
herein.
[Ord. No. 446 § 11]
An Animal Control Officer or agency shall be appointed by the
Township Committee. The person or agency so designated and appointed
an Animal Control Officer shall be entitled to be paid as compensation
for services an amount established by the Township.
[Ord. No. 446 § 13]
a.
The Animal Control Officer shall take into custody and impound or
cause to be taken into custody and impounded, and thereafter destroyed
or offered for adoption, the following:
1.
Any dog, cattle, goat, swine, fowl and/or other animal or livestock
running at large within the limits of the Township.
2.
Any dog which is not licensed or tagged.
3.
Any dog or other animal which is off the premises of the owner or
the person keeping or harboring such dog or other animal which is
believed to be a stray animal.
4.
Any dog or other animal which has a dangerous or vicious propensity
or which has been noticeably infected with rabies or which has been
bitten by a dog or other animal suspected of having rabies.
5.
Any female dog in season not confined in such a way so as not to
be accessible to males or any female dog in season off the premises
of the owner or of the person keeping or harboring such dog.
6.
Any dogs creating a nuisance while off their property.
7.
Any dog or other animal with a dangerous or vicious propensity that
is unmuzzled, uncontrolled by proper restraining or running at large,
provided that the dog or other animal may be seized by the Animal
Control Officer, and provided further that if the dog or other animal
cannot be seized with safety, it may be killed.
b.
If any dog or other animal so impounded or seized wears a collar
or harness, having inscribed thereon or attached thereto the name
and address of any person or registration tag or if the owner or the
person keeping or harboring the animal is known, the Animal Control
Officer shall serve to the person whose address is given on the collar
or to the owner or the person keeping or harboring the animal, if
known, a notice in writing that the animal has been seized and will
be liable to be offered for adoption or destroyed if not claimed within
seven (7) days after service of the notice.
c.
A notice under this section may be served either by delivering it
to the person upon 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 or her usual or last known place of
abode or to the address given on the collar.
d.
The Animal Control Officer may cause an animal to be destroyed or
offered for adoption seven (7) days after seizure, provided that:
1.
Notice is given as set forth above and the animal remains unclaimed.
2.
The owner or person keeping or harboring the animal has not claimed
the animal and paid all expenses incurred by reason of its detention,
including maintenance or veterinary cost.
3.
The owner or person keeping or harboring an animal which was unlicensed
at the time of seizure does not produce a license and registration
tag for the animal.
e.
At the time of adoption, the right of ownership in the animal shall
transfer to the new owner. No dog or other animal so caught and detained
shall be sold or otherwise made available for the purpose of experimentation.
[Ord. No. 446 § 14]
The Animal Control Officer engaged in the performance of his
duty is hereby authorized to enter upon any premises to seize and
impound any dog, cat or other animal, which he may lawfully seize
or impound when such Officer is in immediate pursuit of the animal
except upon the premises of the owner of the animal if the owner is
present and forbids the same.
[Ord. No. 446 § 15]
No person shall distract, give false information, hinder, molest
or interfere with anyone authorized or empowered to perform any duty
under this chapter.
[Ord. No. 446 § 16]
a.
Seizure
and Impounding. An Animal Control Officer shall seize and impound
a dog when the Officer has reasonable cause to believe that the dog:
1.
Attacked a person and caused death or serious bodily injury to that
person.
2.
Caused bodily injury to a person during an unprovoked attack and
poses a serious threat of harm to persons or animals.
3.
Engaged in dog fighting activities.
4.
Has been trained, tormented, badgered, baited, or encouraged to engage
in unprovoked attacks upon persons or animals.
b.
Impounding.
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 Animal Control Officer or County Health Officer, the dog may
be impounded in a facility or other structure agreeable to the owner.
c.
Hearing.
A hearing shall be held in Municipal Court, and during the hearing
the owner shall have the opportunity to present evidence to demonstrate
that the dog is not vicious or potentially dangerous.
d.
Findings
of the Court.
2.
A dog may not be declared vicious or potentially dangerous for inflicting
death or serious bodily injury:
(a)
Upon a person if that person was committing or attempting to commit
a crime.
(b)
Upon a person if that person was tormenting or inflicting pain upon
the dog in such an extreme manner that an attack of such nature could
be considered provoked.
(c)
Upon a domestic animal if the domestic animal was the aggressor.
3.
If the Court declares a dog to be vicious, and no appeal is made
of this ruling, the dog shall be destroyed in a humane and expeditious
manner, except that no dog may be destroyed during the pendency of
an appeal.
4.
The Court shall declare a dog to be potentially dangerous, if it
finds that the dog:
(a)
Caused bodily injury to a person during an unprovoked attack, and
poses a serious threat of bodily injury or death to a person.
(b)
Killed another domestic animal and poses a threat of death to a person
or another domestic animal.
(c)
Has been trained, tormented, badgered, baited or encouraged to engage
in unprovoked attacks upon persons or domestic animals.
5.
If the Court declares a dog to be potentially dangerous, the owner
must:
(a)
Apply for a special Township potentially dangerous dog license, registration
number and red identification tag.
(b)
Have the registration number tattooed upon the dog in a prominent
location.
(c)
Display, in a conspicuous manner, a sign on his premises warning
that a potentially dangerous dog is on the premises.
(d)
Immediately erect and maintain an enclosure for the potentially dangerous
dog on the property where the dog will be kept and maintained, which
has sound sides, top and bottom to prevent the 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.
(e)
Securely lock the enclosure to prevent entry of the public and prevent
release or escape.
e.
Inspection
of Owner's Property. The Animal Control Officer shall inspect
the enclosure and the owner's property at least monthly to determine
continuing compliance.
[Ord. No. 446 § 17]
No person owning, keeping or harboring any dog and/or other
like animal or livestock shall permit it upon a public street, sidewalk,
thoroughfare, park, playground, school yard or in any of the public
places of the Township unless it is controlled by an adequate leash
or tether or not more than six (6) feet long.
[Ord. No. 446 § 18]
No person owning, keeping or harboring a dog, cat, and/or other
animal shall permit it to do any injury or do any damage to any lawn,
shrubbery, flowers, grounds, garden or property.
[Ord. No. 446 § 19]
No person shall bring, allow, or knowingly permit any dog, cat
or other animal onto any private property without the owner's
permission, or into any store or other building or portion thereof
which members of the public at large are invited or expected to enter
or frequent. Nothing in this section shall be deemed to prohibit the
keeping or bringing of any dog, cat or other animal into the premises
of the owner. Specifically excluded from this section are "Seeing
Eye Dogs," "Hearing Ear Animals," Police K-9 Dogs or other service
animals.
[Ord. No. 446 § 20]
a.
No person shall own, keep, or harbor any wolf or wolf-hybrid, or
wildlife-hybrids within the Township.
b.
No person shall own, keep, or harbor any exotic animal within the
Township.
c.
No person shall own, keep, or harbor a pot-belly pig, or other livestock
within the Township on a property of less than two (2) acres in size.
d.
No person shall own, possess, or have custody on his premises any
wild or vicious animal for display, training, or exhibition purposes,
whether gratuitously or for a fee.
e.
No person shall keep or permit to be kept any wild animal as a pet.
f.
No person shall own, keep, or harbor a dog or other animal on an
unoccupied premises.
[Ord. No. 446 § 21]
a.
No person keeping, harboring or in charge of any dog, cat or other
animal shall cause, suffer or allow such dog or other to soil, defile,
deface, or defecate on, or commit any nuisance on any public property,
including but not limited to any common thoroughfare, sidewalk, passageway,
by-path, play area, park or any place where people congregate or walk.
The aforesaid restrictions shall not apply to those persons who comply
with the following:
1.
The person in charge of such dog, cat or other animal shall immediately
remove all feces deposited by such animal by any sanitary method.
2.
The feces removed from the aforementioned designated area shall be
disposed of by the person owning, harboring, keeping or in charge
of any dog, cat or other animal in a sanitary manner.
b.
No person keeping, harboring, or in charge of any dog, cat or other
animal shall cause, suffer, or allow such a dog, cat or other animal
to soil, defile, deface or defecate on or commit any nuisance upon
any private property without the permission of the property owner.
c.
No person shall abandon, leave, relinquish control over, or cause
to remain, any dog, cat, bird, or other animal on any public or private
property without the prior approval of the property owner.
[Ord. No. 446 § 22]
The premises on which dogs, cats, livestock, birds, or other
animals are maintained shall at all time conform to the following
requirements:
a.
Dogs, cats, livestock, birds and other animals shall at all times
be confined to such premises or portion thereof as will preclude odors
and sound emanating from such animals or birds, or engendered by their
care, feeding or other activity connected with such animals or birds
from interfering with the ordinary and reasonable use, occupation,
and enjoyment of property on neighboring premises.
b.
All sheds, coops, pens, runways, stalls, or other enclosures or facilities
related to animals or birds shall be located or maintained at least
fifty (50) feet from the main building and/or from any lot line. Dog
boxes shall be located or maintained at least twenty (20) feet from
any lot line.
c.
Buildings, food storage bins, appliances, equipment, feeding areas
and other facilities on the premises shall be constructed with rat
proofing materials and maintained in such fashion as to permit proper
cleansing and shall be cleaned, deodorized and disinfected regularly.
d.
Water supply shall be adequate for proper sanitation.
e.
Water or other liquid to which mosquitoes may have access shall be
properly drained to prevent their breeding.
f.
Disposition shall be made to animal wastes, excrement, garbage, refuse,
or vegetable matter deposited upon the premises in such a manner as
to prevent insect breeding or rodent infestation or pollution of the
air, ground, or body of water or the creation of any other unhealthy
or unsanitary condition.
g.
All necessary measures shall be employed to ensure that rodents or
insects hazardous to public health shall be precluded from infesting
the premises.
h.
Adequate measure shall be taken to prevent the animals or birds maintained
from escaping or at any time roaming at large.
i.
Adequate facilities shall be available to maintain the premises in
a sanitary condition at all times.
j.
No person shall willfully sell, or offer to sell, use, or expose
any animal or bird having contagious or infectious disease dangerous
to the health or life of human beings or animals.
[Ord. No. 446 § 23]
a.
Any person who keeps or operates or proposes to establish a kennel,
pet shop, shelter or pound shall apply to the Township for a license
to keep or operate such establishment. Any person holding such a license
shall not be required to secure individual licenses for dogs or cats
owned by such licensee and kept at such establishments. Such licenses
shall not be transferable to another owner of different premises.
b.
The application shall describe the premises where the establishment
is located or proposed to be located. The purpose or purposes for
which it is to be maintained and shall be accompanied by the written
approval of the local municipal and health authority showing compliance
with the local and State rules and regulations governing location
and sanitation at such establishment. The application will also describe
the maximum number of dogs, cats or other animals to be accommodated
by such establishment at any one time. The maximum number of dogs
allowed is twenty (20) on the site at any one time. The maximum number
of cats allowed is twenty (20) on the site at any one time.
c.
All licenses issued for a kennel, pet shop, shelter or pound shall
state the purpose for which the establishment has been maintained,
and all such licenses shall expire on January 31 annually and be subject
to revocation by the Township on recommendation of the State Department
of Health or County Board of Health for failure to comply with the
rules and regulation of the Board, after the owner has been afforded
a hearing by either the State Department or County Board.
d.
Any person holding such license shall be required to secure individual
licenses for dogs or cats owned by the licensee and kept at the establishment.
Licenses shall not be transferable to another dog or cat or different
premises.
e.
The Animal Control Officer shall ensure that any person holding a
license to establish, keep or operate a kennel, pet shop, shelter
or pound shall comply with applicable State and local laws.
[Ord. No. 446 § 24]
The Township Clerk shall forward to the State Department of
Health a list of all kennels, pet shops, shelter and pounds licensed
within thirty (30) days after the licenses are issued. The list shall
include the name and address of each licensee and the kind of license
issued.
[Ord. No. 446 § 25]
No dog, cat or other animals kept in a kennel, pet shop, shelter
or pound shall be permitted off the premises except on a leash, in
a crate or other like method.
[Ord. No. 446 § 26]
a.
When it has been determined by a hospital, physician or veterinarian
that an animal bite has occurred, the Animal Control Officer, as agent
of the County Health Officer, shall receive and investigate all animal
bites. The Animal Control Officer, in conjunction with the Health
Officer having jurisdiction, will ensure that all quarantine periods
and suspected rabies specimens are handled expeditiously.
b.
If any animal is involved in three (3) incidents within a twelve
(12) month period where such bites have been reported by a hospital
physician or veterinarian, the Animal Control Officer shall report
to the Municipal Court Judge and to the owner or keeper in writing
of these reported incidents and that such animal may be determined
at a hearing held before a Municipal Judge to have a propensity to
cause harm to people or other domestic animals. The owner or keeper
shall be notified in writing of the results of the hearing, including
the determination of the Judge.
c.
No person owning or keeping an animal which has been determined to
have a propensity to cause harm to people or other domestic animals
shall permit such animal off the premises of the owner or keeper unless
being muzzled or crated and on a leash no longer than six (6) feet.
Housing conditions shall be adhered to as set by the State Board of
Health.
[Ord. No. 446 § 27]
a.
To redeem any dog/cat found running at large, the owner shall be
required to present acceptable proof of compliance. If the owner does
not have acceptable proof, he/she shall be required to pay a fine
equal to the spay/neuter cost of that dog/cat, according to prevailing
rates. The fine will be forfeited unless the owner presents, within
thirty (30) days, acceptable proof of compliance.
b.
Any dog/cat that comes to the attention of an Animal Control Officer
or other Law Enforcement Officer or Official will be required to provide
acceptable proof of compliance.
c.
Any owner/keeper, shelter, or agency which sells or adopts-out a
dog/cat to any person must provide a copy of this registration to
the new owner and obtain a signed acknowledgement of receipt of same.
[Ord. No. 446 § 28]
Any person who violates or refuses to comply with the provisions
of this chapter or with the rules and regulations of the State Department
of Health governing the sanitary conduct and operation of kennels,
pet shops, shelters and pounds shall be liable for a penalty upon
conviction in the Municipal Court as follows:
a.
Failure to have a proper license and registration tag for a dog or
other animal required to be licensed and/or registered first offense,
if dog or other animal is licensed and registered before designated
court appearance date payment of the sum of twenty ($20.00) dollars
plus fifteen ($15.00) dollars court cost to the Court Administrator
prior to the court date with evidence that the dog or other animal
is properly licensed and registered. Failure to have a proper license
and registration for a dog for the first offense at the time of court
appearance if the dog has not been previously registered and licensed
and the fine paid to the Court Administrator, the sum of thirty ($30.00)
dollars plus court costs and the defendant must obtain a license within
five (5) days of the sentence and provide a copy of the license to
the Court Administrator. A fine of fifty ($50.00) dollars for all
subsequent offenses plus acquisition of a proper license within five
(5) days.
b.
Destruction of vegetation and nuisance to surrounding neighbors,
a minimum fine of twenty-five ($25.00) dollars to a maximum fine of
one hundred ($100.00) dollars for the first offense: a minimum fine
of fifty ($50.00) dollars to a maximum fine of five hundred ($500.00)
dollars for all subsequent violations.
c.
All other violations, except as otherwise provided herein, any person
who violates or refuses to comply, shall be liable for a fine not
less than one hundred ($100.00) dollars and not more than one thousand
($1,000.00) dollars for a term not to exceed ninety (90) days in the
County jail for a term not to exceed ninety (90) days of Community
Service in lieu of any jail time imposed as determined in the discretion
of the Municipal Court Judge having jurisdiction over these matters.
The continuation of such violations for each successive day shall
constitute a separate offense and the person or persons allowing or
permitting continuation of the violation may be fined or otherwise
punished as more fully set forth above for each separate offense by
the Municipal Court Judge having jurisdiction over these matters.
d.
The violation of the provisions of this chapter shall be subject
to abatement, restraining order or injunction issued by a court of
competent jurisdiction.
[Added 8-15-2019 by Ord.
No. 688]
a.
ANIMAL CONTROL OFFICER OR ACO
CONTINUOUSLY (or PERSISTENTLY)
EAR TIPPING/EAR-TIPPED
FERAL CAT
FOSTER HOME
FREE-ROAMING CAT
FREE-ROAMING CAT CAREGIVER
FREE-ROAMING CAT COLONY
FREE-ROAMING CAT MANAGEMENT
HARBOR
MICROCHIP
MUNICIPALITY
NEUTER OR SPAY
NUISANCE
1.
2.
OWNER
PERSISTENTLY (or CONTINUOUSLY)
POUND
PROPER SHELTER
1.
(a)
(b)
(c)
(d)
(e)
2.
3.
4.
5.
(a)
(b)
6.
SEVERE INJURY
STRAY
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A person 18 years of age or older who has satisfactorily
completed the course of study approved by the Commissioner of Health
and Senior Services of the State of New Jersey and the Police Training
Commission as prescribed by paragraphs (1) through (3) of Subsection
a of Section 3 of NJ P.L. 1983, c. 525 (N.J.S.A. 4:19-15.16a); or
who has been employed in the State of New Jersey in the capacity of,
and with similar responsibilities to those required of, a certified
animal control officer pursuant to the provisions of NJ P.L. 1983,
c. 525, for a period of three years before January 17, 1987.
Nonstop utterances for 30 consecutive minutes with interruption
of less than 30 seconds at a time.
The removal of the one-fourth-inch tip of a free-roaming
cat's left ear, performed while the cat is under anesthesia by
a licensed veterinarian and designed to be an indication that the
free-roaming cat has been sterilized and vaccinated for rabies.
A cat that:
Placement of a cat after the seven-day holding period by
an animal rescue organization with a caretaker, who may be an individual
or group, for the purpose of providing temporary care for a cat, without
the caretaker assuming ownership, and with the intent that the caretaker
relinquishes the cat to the animal rescue organization or a suitable
owner upon one being located. [A foster home may provide care to a
cat without the effect of the fostered cat counting toward a municipality's
household pet limit (should one exist); however, a foster home must
comply with all other provisions of this section.]
Any free-roaming or feral cat that may be cared for by one
or more residents of the immediate area and which has no discernible
form of ownership identification.
A person who provides care, including food, water, shelter
or medical care, to a free-roaming cat. A free-roaming cat caregiver
shall not be considered to be the owner, custodian, harborer, controller,
or keeper of a free-roaming cat.
A group of outside cats that congregates, more or less, together
as a unit.
A program in which any person, known or unknown, engages
in trapping, neutering and returning (TNR) a free-roaming cat to a
colony. Management of the colony shall include, but not be limited
to, trapping, sterilizing, vaccinating, ear-tipping, microchipping,
and returning a free-roaming cat to its colony of origin, from which
it was trapped. Managing shall also include providing adequate food,
water, medical care and shelter for the cats within the colony being
managed. Assuming temporary custody of any cat within the colony from
time to time may also be necessary to providing adequate care.
The act of caring for and keeping an animal or the act of
providing a premises or residence to which the animal returns for
food, shelter, or care, where the caregiver is providing the primary
source of sustenance for the animal for at least seven days. Free-roaming
cat caregivers do not harbor free-roaming cats for the purpose of
this section but are subject to the provisions of this section pertaining
to free-roaming cats.
An electronic identification device inserted into an animal,
typically on the back between the shoulder blades, by a veterinarian
in accordance with professional medical standards.
Maurice River Township, Cumberland County, New Jersey.
To have a licensed veterinarian surgically sterilize the
animal.
Disturbing the peace by habitual howling, crying or screaming
continuously for at least 30 minutes, occurring at least three separate
times within a period of eight hours.
Disturbsing the peace by habitually or repeatedly desecrating
or soiling, destroying public or private property or directly or detrimentally
affecting a person shall constitute a public nuisance.
Any person, household, firm, corporation, or other organization
who, except a foster home, possesses a legal title to, a property
interest in, or permanent custody of any animal regulated by this
section. A person must be age 18 or older to be considered the legal
owner of an animal. If a person under age 18 is considered the custodian
or caretaker of the animal, the parent or legal guardian shall be
considered the legal owner of the animal. A free-roaming cat caregiver
is not an owner of free-roaming cats for the purposes of this section
but is subject to the provisions pertaining to free-roaming cat caregivers.
Nonstop utterances for 30 consecutive minutes with interruption
of less than 30 seconds at a time.
An establishment for the confinement of dogs or other animals
seized either under the provisions of this chapter or otherwise.
A structure that:
Provides at all times:
Adequate ventilation to allow the free-roaming cat, domestic
companion animal, or service animal to remain dry and maintain a normal
body temperature.
Access to water in a sanitary and liquid state.
Exposure to natural or artificial light according to a regular
cycle of day and night.
Sufficient space so that the free-roaming cat, domestic companion
animal, or service animal can easily turn around in a full circle
and lie down on the animal's side with limbs outstretched.
When the animal is in a normal sitting position in the proper
shelter, the top of the head of the animal cannot touch the ceiling
of the proper shelter.
Is maintained in a manner to minimize the accumulation of any
waste, other debris, precipitation, or other moisture inside, surrounding,
and underneath any area or structure providing proper shelter, and
to provide reasonable protection from flooding.
Is soundly constructed to prevent the sagging or collapse of
any part of the structure or protection and is maintained in a good
repair with no exposed sharp points or edges.
Remains in an upright position at all times.
In the event of adverse environmental conditions, is an enclosed
structure that has:
A solid roof, solid walls with a single opening no larger than
necessary to allow the free-roaming cat, domestic companion animal,
or service animal to comfortably enter and exit the structure, and
a floor that is not the ground.
Insulation, dry bedding, and a windbreak at the entrance that
are sufficient to keep the free-roaming cat, domestic companion animal,
or service animal dry and maintain the animal's normal body temperature.
In the event of adverse environmental conditions, provides the
free-roaming cat, domestic companion animal, or service animal with
adequate shade or other cooling area, by natural or artificial means,
to allow the animal to maintain a normal body temperature.
Any physical injury that results in one or more broken bones
or one or more lacerations requiring sutures, or an injury requiring
reconstructive or plastic surgery.
Any animal found to be at-large, whether lost by its owner
or otherwise, or that is on the common areas of apartments, condominiums,
trailer parks or other multiresidential premises, and that does not
have an identification tag and for which there is no identifiable
owner. The term "stray" shall not be applied to free-roaming cats
managed in accordance with this section.
b.
Responsibilities of caregiver.
1.
The caregiver shall provide free-roaming cats with sufficient food;
sufficient water; proper shelter and protection from weather; veterinary
care as needed to prevent suffering; and humane care and treatment.
2.
The caregiver shall exercise reasonable care to guard against the
animal creating a nuisance.
c.
Free-roaming cat management program.
1.
Maurice River Township believes that the safest place for pet-domesticated
cats is indoors. Maurice River Township also recognizes that feral
and free-roaming cats, as defined in this chapter, are not, in the
majority of cases, suitable to be taken indoors and kept as pets because
their home is outdoors. The Township further recognizes the need for
innovation in addressing the issues presented by feral or free-roaming
cats. To that end, the Township finds that properly managed free-roaming
cat colonies are part of the solution to reducing the numbers of feral
cats in the Township and the rate of cats euthanized in area shelters.
2.
Free-roaming cat colonies shall be permitted in the Township as part
of a free-roaming cat management program in accordance with the following
provisions:
(a)
Free-roaming cat caregivers must ensure free-roaming cats are
sterilized, vaccinated against the threat of rabies, ear-tipped, and
microchipped, and must cooperate with the municipality to abate any
nuisance.
(b)
The location of free-roaming cat colonies must be maintained
in compliance with property laws.
(c)
To be exempt from certain provisions of this chapter, all cats
that are part of an approved free-roaming cat management program pursuant
to this chapter must be sterilized, vaccinated against the threat
of rabies, ear-tipped, and microchipped for easy identification. If
these requirements are met, the free-roaming cat is exempted from
the licensing, if applicable, stray and at-large provisions of this
chapter.
(d)
Free-roaming cat caregivers shall make a reasonable attempt
to remove young kittens from the field for domestication as well as
not adding additional cats to their existing colony.
d.
Ear-tipped free-roaming cats.
1.
An ACO who has trapped a cat whose ear has been tipped or which bears
some other distinguishing mark indicating that it belongs to a free-roaming
cat colony shall transport the cat to the contracted municipal shelter,
where the cat will be scanned for a microchip. If a registered microchip
is found, the registered owner or caregiver will be contacted and
advised that the cat is located at the Cumberland County SPCA.
2.
The owner or caregiver shall be responsible for retrieving the cat
from the municipal shelter within seven days or advising the shelter
if the owner or caregiver does not intend to retrieve the cat. If
no identification, microchip or information of the caregiver is available
to the receiving shelter at the minimum stray hold period of seven
days, then it is at the sole discretion of the receiving shelter to
determine the outcome of the cat retrieved, which may include transfer,
euthanasia, foster care, and/or adoption.
e.
Resolution of complaints; procedures.
1.
The requirements of this section notwithstanding, ACOs and law enforcement
may investigate any nuisance complaint. If an ACO or law enforcement
officer determines that an ear-tipped free-roaming cat is causing
a nuisance as defined by this section, the ACO or law enforcement
officer shall attempt to contact the caregiver or owner. The caregiver
or owner shall begin nuisance abatement procedures within 48 hours
of notification and make all reasonable efforts to resolve the nuisance
as quickly as possible, not to exceed 30 days. If the caregiver or
owner fails to resolve the nuisance or the caregiver cannot be identified,
the animal control officer may remove the cat.
f.
Enforcement of free-roaming cat management program. The Township
shall have the following rights:
1.
The right to seize or remove cats from a colony which is demonstrating
signs of a life-threatening disease.
2.
The right to seize or remove a cat from a colony which is creating
a nuisance, as defined in this section, after the free-roaming cat
caregiver has been given 30 days to abate the nuisance or remove and
relocate the cat and failed to do so.
3.
The right to seize or remove a cat or colony of cats when the free-roaming
cat caregiver regularly fails to comply with the requirements of this
chapter and the caregiver has not been able to obtain a replacement
or substitute caregiver within 30 days of the Township or animal control
officer having given notice to the caregiver. If one or more cats
are in danger due to a caregiver's lack of compliance, the caregiver
or owner may work with other local caregivers to find a suitable replacement
caregiver or relocate the cats.
g.
Abandonment of cats. No person may desert or abandon any cat at any
public or private location. The practice of caring for a free-roaming
cat in accordance with the provisions of this section do not constitute
desertion or abandonment of the free-roaming cat. However, the placement
of a cat at a free-roaming cat colony by a person other than the free-roaming
cat caregiver constitutes abandonment. Any person who is found to
be in violation of the provisions of this section shall be subject
to a fine not to exceed $1,000 for each offense of abandoning one
cat and $100 per additional cat.
h.
Duration of section. This section shall remain in full force and
effect for a period of five years from its formal adoption by the
Maurice River Township Committee. Thereafter, this section shall have
no further force or effect.
