[Adopted by Ord. No. 31-90 (Ch. 5 of the 1978 Revised General Ordinances)]
[Amended 7-16-2013 by Ord. No. 15-13]
As used in this article, the following terms shall have the
meanings indicated:
CANVASS
A yearly house-to-house survey conducted to discover unlicensed
animals.
CAT
Any member of the feline species; male, female or neutered.
CAT OF LICENSING AGE
Any cat which has attained the age of seven months or which
possesses a set of permanent teeth.
DOG
Any dog, bitch or spayed bitch.
DOG OF LICENSING AGE
Any dog which has attained the age of seven months or which
possesses a set of permanent teeth.
KENNEL
Any establishment in which the business of boarding or selling
animals or breeding any such animals for sale is carried on except
a pet shop.
OTHER ANIMALS
For the purpose of this chapter shall mean all creatures
other than a dog or cat.
OWNER/KEEPER
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.
[Amended 12-1-2020 by Ord. No. 19-20]
PET SHOP
Any place of business which is not part of a kennel, wherein
animals, including, but not limited to, dogs, cats, birds, fish, reptiles,
rabbits, hamsters or gerbils, are kept or displayed chiefly for the
purpose of sale to individuals for personal appreciation and companionship
rather than for business or research purposes.
POULTRY
Domesticated fowl, including chickens, ducks, geese, pheasants
and turkeys.
[Added 6-14-2016 by Ord.
No. 07-16]
POUND
An establishment for the confinement of animals seized either
under the provisions of this chapter or otherwise.
RUN-AT-LARGE
The running or standing of any animal, on any street or other
public or private place, except on the property of the owner or custodian
of the animal, unattended and not under the immediate control of some
responsible person able to control such animal.
SECURE LEASH
A leash or chain which an animal cannot break or sever and
which is not over six feet in length.
SHELTER
Any establishment where animals are received, housed and
distributed.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
WILD OR STRAY CAT
A cat of unknown ownership over which no person has full
control. "Control" shall include, but not be limited to, the ability
to physically restrain the animal at any time.
The office of Animal Control Officer is hereby created for the
Township. It shall be the duty of the Animal Control Officer to enforce
the provisions of this article.
The Animal Control Officer is hereby authorized to go upon any
premises to seize for impounding any animal or animals which he may
lawfully seize and impound when such officer is in immediate pursuit
of such animal(s), except upon the premises of the owner of the animal
if said 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 chapter.
[Amended by Ord. No. 15-96]
No person owning, keeping or harboring an animal shall permit,
suffer or allow said animal to:
A. Habitually bark, howl or cry so as to disturb the public peace.
B. Be off the premises of such owner or person so harboring said animal,
or be upon a public street or other public place in the Township,
unless the animal shall be accompanied by a person who is capable
of controlling such animal and has the animal secured by an adequate
leash not more than six feet long. This requirement shall not apply
to a licensed cat, not in season if female, bearing a proper registration
tag, so long as such cat is not reported to, or observed by, a certified
Animal Control Officer to be ill, injured or creating a threat to
the public health, safety or welfare, or otherwise interfering with
the enjoyment of property.
C. Cause injury to any person or other domestic animal, or cause damage
to any lawn, shrubbery, flowers, grounds, trees or any property of
persons other than the owner or person having the care, custody or
control of such animal.
No person, other than the Township Animal Control Officer or
his or her authorized designee, shall trap a wild or stray cat for
any purpose whatsoever and return or release such animal to a free
environment.
[Added 6-14-2016 by Ord.
No. 07-16]
No person shall own, keep, or harbor poultry within the Township
on any property which is less than five acres in size.
The conduct of an animal shall be attributed to the owner thereof
and the owner shall be deemed to have permitted any animal who acts
contrary to the requirements of this chapter to act in such manner
and such owner shall be guilty of a violation hereof.
[Amended 12-1-2020 by Ord. No. 19-20]
A. Purpose. This section establishes requirements for the proper disposal
of pet solid waste in the Township of Denville, so as to protect public
health, safety and welfare, and to prescribe penalties for failure
to comply.
B. Definitions. For the purpose of §
128-13, Pet waste, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of Chapter
128, Animals, clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
IMMEDIATE
The pet solid waste is removed at once, without delay.
OWNER/KEEPER
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.
PERSON
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
PET
A domesticated animal (other than a disability assistance
animal) kept for amusement or companionship.
PET SOLID WASTE
Waste matter expelled from the bowels of the pet; excrement.
PROPER DISPOSAL
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.
C. Requirement for disposal. 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.
D. Exemptions. 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.
E. Enforcement. The provisions of this section shall be enforced by
the Police Department and the Department of Health of the Township
of Denville.
F. Violations and penalty. Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine pursuant to §
128-17.
No female animal in season shall be left unattended by its owner
or the person keeping or harboring it unless the animal is securely
confined within the physical confines of a home, residence, kennel,
pet shop or pound so as not to be exposed to male dogs.
[Amended by Ord. No. 7-07]
A. Except as otherwise provided by N.J.S.A. 4:19-15.1 et seq. and N.J.S.A. 4:19-16 et seq., any person who violates §
128-2,
128-3 or
128-7 of this article shall be liable to a penalty of not less than $5 nor more than $50 for each offense, to be recovered by and in the name of the Township, except that for the first offense in the case of a violation of §
128-2A,
B,
C or
G, the penalty shall be not less than $1 nor more than $50 to be recoverable in the same manner.
B. For any other violation of the provisions of this article, the penalty shall be as provided in Chapter
1, Article
II, General Penalty, of the Township Code, provided that the minimum penalty shall be $100 and the penalty for all summonses which do not require a court appearance shall be a minimum of $100.
[Adopted by Ord. No. 12-96; amended in its entirety by Ord. No. 17-07 (Ch. 3, Sec. 3-12.24, of the 1978 Revised General Ordinances)]
The purpose of this article is to prohibit the feeding of unconfined
wildlife in any public park or on any other property owned or operated
by the Township of Denville or on private property so as to protect
public health, safety and welfare, and to prescribe penalties for
failure to comply.
For the purpose of this article, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this article clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
FEED
To give, 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 or providing feed in bird feeders, provided that such feeders
are located at least 12 feet above the ground.
PERSON
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
WILDLIFE
All animals that are neither human nor domesticated.
No person shall feed, in any public park or on any other property
owned or operated by the Township, or on any private property, any
wildlife, excluding confined wildlife (for example, wildlife confined
in zoos, parks or rehabilitation centers, or unconfined wildlife at
environmental education centers).
This article shall not be construed to prohibit humane acts
in individual cases, such as the temporary nurturing of a wounded
or abandoned animal on one's own premises.
All police officers of the Township and the Division of Health
are hereby given full power and authority and are charged with the
duty to enforce all provisions of this article.