Editor's Note: For regulations concerning Vicious Dogs,
see Board of Health Code.
[1980 Code §§ 88-1]
As used in this chapter:
Shall mean any person or agency designated or certified by
the State of New Jersey to 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 room or group of rooms, cage or exhibition
pen, not part of a kennel, wherein cats for sale are kept or displayed.
Shall mean all dogs, male and female.
Shall mean any dog which has attained the age of seven (7)
months or which possesses a set of permanent teeth.
Shall mean the agency or department of the Borough of Roselle
Park or any designated representative thereof charged with administering
the issuance and/or revocation of permits and licenses under the provisions
of this chapter.
Shall mean rendered permanently incapable of reproduction
as certified by a licensed veterinarian.
When applied to the proprietorship of a cat or dog, shall
mean and include every person having a right of property or custody
in such cat or dog and every person who has such cat or dog in his/her
keeping or who harbors or maintains a cat or dog or knowingly permits
a cat or dog to remain on or about any premises occupied by that person.
Shall mean any individual, corporation, partnership, organization
or institution commonly recognized by law as a unit.
[Ord. No. 2335]
a.
No person shall keep or harbor any dog within the Borough without
first obtaining a license therefor, to be issued by the Licensing
Official upon application by the owner and payment of the prescribed
fee. No person shall keep or harbor any dog except in compliance with
the provisions of this chapter.
[New]
b.
Unless anther penalty is expressly provided by statute, any person
convicted of a violation of paragraph a above shall be liable to the
penalty of forty-eight ($48.00) dollars or imprisoned for a term not
to exceed fifteen (15) days.
[1980 Code § 100-1; Ord. No. 2206 § 1; Ord. No. 2506-2017]
a.
Every person who owns, harbors, keeps or possesses one (1) or more
dogs within the Borough, which dog or dogs attained the age of seven
(7) months or which possesses a set of permanent teeth, shall procure
from the Borough Clerk a license and official metal registration tag
for each dog so owned, kept or harbored and shall pay therefore the
sum of fifteen dollars and eighty ($15.80) cents effective January
1, 2018 for each license and also the sum of one ($1.00) dollar for
each registration tag to be paid and collected as hereinafter provided.
In addition, the Borough Clerk shall collect twenty ($0.20) cents
for each dog licensed to be remitted to the New Jersey Department
of Health for the Pilot Clinic Fund as required by P.L. 1983 c. 181,
and three ($3.00) dollars for any dog of reproductive age which has
not had its reproductive capacity permanently altered through sterilization
as required by P.L. 1983 c. 1972.
b.
Newly-Acquired Dogs and Dogs Attaining Licensing Age. The owner of
any newly-acquired dog of licensing age or of any dog which attains
licensing age shall make application for license and registration
tag for such dog within ten (10) days after such acquisition or age
attainment.
c.
Every person who shall harbor or possess any dog for a period of
ten (10) days or more shall, for the purposes of this subsection,
be deemed to be the owner of the dog so harbored or possessed.
d.
Any dog owner, as defined above, shall submit proof to the Licensing Official either by means of a certificate from a licensed veterinarian and/or by affidavit that their dog has been spayed or neutered as a condition to their nonpayment of the licensing fee set forth in subsection 8-2.3 with reference to the Animal Population Control Fund.
[1980 Code § 100-1; New; Ord. No.
2206 § 1; Ord. No. 2506-2017]
a.
License Fees and Expiration Date.
1.
The person applying for an annual license and registration tag shall
pay a fee of fifteen dollars and eighty ($15.80) cents effective January
1, 2018 for the license for each dog, three ($3.00) dollars for any
dog not spayed or altered, the sum of one ($1.00) dollar for the registration
tag, and twenty ($0.20) cents for each dog to be remitted to the New
Jersey Department of Health for the Pilot Clinic Fund as required
by N.J.S.A. 4:19-15.1 et seq.
2.
The person applying for a license and registration tag for any dog
who has been spayed or neutered shall present a certificate signed
by a licensed veterinarian stating that the dog has been spayed or
neutered and shall be entitled to such license at a fee of fifteen
dollars and eighty ($15.80) cents effective January 1, 2018, a registration
fee of one ($1.00) dollar and payment of twenty ($0.20) cents for
the New Jersey Department of Health Pilot Clinic Fee.
b.
Late Fee. There shall be a late fee charged for all dog license renewals
not made by January 31 of the license year. The fee shall be two ($2.00)
dollars per month, chargeable on the first day of each month beginning
on February 1 of the license year, to a maximum late fee of ten ($10.00)
dollars per license year. Thereafter, in addition to the fee and late
registration fee, an applicant shall be subject to summons and fine
unless fees shall be paid voluntarily prior to the issuance of summons.
c.
Seeing Eye and Hearing Ear Dogs. Dogs used as guides for blind or
hard of hearing persons and commonly known as "Seeing Eye" and "Hearing
Ear" dogs shall be licensed and registered as other dogs as hereinabove
provided for, except that the owner or keeper of such dogs shall not
be required to pay any fee.
[1980 Code § 100-2]
The owner of every dog shall pay the license fee to the Licensing
Official on or before the last day of January of each year, and the
Licensing Official, upon the payment of the license fee, shall issue
a license for the keeping of a dog, which license shall contain the
name and address of the owner of the dog, a short description of the
dog, indicating name, breed and sex, and of the number of such license.
The license shall bear the signature of the Licensing Official. Each
license shall expire annually on the last day of January. The Licensing
Official shall also issue, together with the license, a numbered tag,
which tag shall be securely fastened or affixed by the owner of the
dog to a strap or collar to be worn around the neck of the dog so
licensed. Duplicate tags shall be issued only upon proof, in writing,
satisfactory to the Licensing Official of the loss of the original
tag, and the payment to the Licensing Official of the sum of five
($5.00) dollars.
[1980 Code § 100-1; New]
a.
The application shall state: the breed, sex, age, color and markings
of the dog for which license and registration are sought; whether
it is a long- or short-haired variety; and the name, street and post
office address of the owner and the person who shall keep or harbor
such dog.
b.
The information on the application and the registration number issued
for the dog shall be preserved for a period of three (3) licensing
years by the Official. Registration numbers shall be issued in the
order of the applications.
c.
The Licensing Official shall forward to the State Department of Health
each month, on forms furnished by the Department, an accurate account
of registration numbers issued or otherwise disposed of.
[1980 Code § 100-3]
Every owner of a dog within the Borough who neglects or refuses
to cause such dog to be licensed in the manner provided on or before
the time prescribed, shall be deemed guilty of a violation; provided,
however, that any owner of a dog bringing a dog into the Borough who
shall have the dog licensed within fifteen (15) days shall be deemed
to have complied with this section.
[1980 Code § 100-5; New]
a.
License fees and other monies collected or received under the provisions
of this section, except the N.J. registration fee of one ($1.00) dollar,
the N.J. Clinic Fund fee of twenty ($.20) cents and the N.J. Non-Spayed/Neutered
Fee of three ($3.00) dollars, shall be forwarded to the Chief Financial
Officer 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. Such monies shall be used for the following purposes
only: for collecting, keeping and disposing of dogs liable to seizure
under this chapter; for local prevention and control of rabies; for
providing anti-rabic treatment under the direction of the Borough
Board of Health for any person known or suspected to have been exposed
to rabies; for all other purposes prescribed by the statutes of New
Jersey governing the subject, and for administering the provisions
of this chapter. 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 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.
b.
Pursuant to N.J.S.A. 4:19-15, fees collected for New Jersey Registration,
Clinic Fund and Non-Spayed/Neutered funds shall be forwarded monthly
to the State Department of Health within thirty (30) days after collection
or receipt (for the previous month's fees collected).
The amounts received by the Licensing Official shall be reported
in writing to the Finance Committee on the first Monday of each month,
which report shall be presented to the Borough Council at its next
regular meeting.
[1980 Code §§ 100-4, 100-8]
a.
Any owner, as defined in Section 8-1, who shall suffer any dog, whether licensed or not, to run at large unless such dog is controlled by an adequate leash not more than eight (8) feet long, or shall cause or permit any unlicensed dog to wear such tag, or who permits or suffers the dog to habitually bark at any time, shall be deemed guilty of a violation of this section.
[1980 Code §§ 100-9—100-13]
a.
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 thoroughfare, sidewalk, passageway, bypath,
play area, park or any place where people congregate or walk or upon
any public property whatsoever or upon any private property without
the permission of the owner of the property. This restriction shall
not apply to that portion of the public street lying between the curblines,
which portion of the street may be used to curb dogs, provided that
the person who curbs such dog shall remove all feces deposited by
the animal in a sanitary container or other means approved by the
Board of Health and that the feces removed shall be disposed of by
the person owning, possessing or controlling the dog in a sanitary
manner approved by the Board of Health.
b.
Removal of Feces. In the event that any dog shall, through inadvertence
or otherwise, soil, defile, defecate or commit any nuisance, the person
owning, harboring, keeping or in charge of such dog shall immediately
remove all feces deposited by such dog by any sanitary method approved
by the Board of Health.
c.
Additional Measures. The Borough may undertake any additional measures
it may deem necessary to effectuate the purposes of this section,
including the posting of permanent metal signs to apprise the public
of the prohibitions set forth herein.
d.
Enforcement. The provisions of this section shall be enforced upon
written complaint by the complaining witness filed in the Municipal
Court and/or by the Roselle Park Police Department.
e.
Violations and Penalties. Any violation of this subsection shall
constitute a violation punishable by a fine or a civil penalty of
not less than twenty-five ($25.00) dollars and not more than one hundred
($100.00) dollars, and each violation of any of the provisions of
this section and each day the same is violated shall be deemed and
taken to be a separate and distinct offense.
[1980 Code § 100-7]
The Board of Health of the Borough of Roselle Park shall, during
the months of January and July of each year, cause a canvass to be
made of all dogs owned or harbored within the Borough and shall report
the result, including the names of all persons owning or harboring
unlicensed animals to the Borough Clerk. The Police Department shall
furnish all necessary Police protection to enable the enforcement
official to carry out the provisions of this section.
[1980 Code § 100-8]
a.
Any person who violates or refuses to comply with any part of any of the provisions of subsections 8-2.3, 8-2.4 or 8-2.6 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 of not less than five ($5.00) dollars nor more than fifty ($50.00) dollars for each offense, to be recovered by and in the name of the Borough. 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 the first conviction and, in the case of a conviction for a second, subsequent or continuing violation, for a period not exceeding thirty (30) days.
[1]
Editor's Note: See the Revised General Ordinances of the Board
of Health for regulations on this topic.
[Ord. No. 2290]
No person owning, keeping or harboring any dog or cat or other
animal shall permit it to enter any municipal building in the Borough
of Roselle Park.
[Ord. No. 2290]
Excluded from the above section are working animals, animals
requested by law enforcement, seeing eye and hearing ear dogs used
as guides for blind or hard of hearing persons and commonly known
as "Seeing Eye" and "Hearing Ear" in addition to certified service,
working assistance or therapeutic animals, and any Borough of Roselle
Park sponsored event approved by resolution of the Governing Body.
[1980 Code § 88-3; Ord. No. 2507-2017]
a.
Cats to have License Number Displayed; License Required; Penalty.
1.
Any person who shall own, keep or harbor a cat of licensing age shall
annually apply for and procure from the Licensing Official a license
and official registration tag with license number, or a registration
sleeve 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 or displayed thereto. Acceptable methods of displaying the
license number shall include but are not limited to breakaway or elastic
collars. License tags or sleeves are not transferable.
2.
Unless another penalty is expressly provided by statute, any person
convicted of a violation of paragraph a shall be liable to a penalty
of forty-eight ($48.00) dollars or imprisoned for a term not to exceed
fifteen (15) days.
[Ord. No. 2335]
b.
Time for Applying for License.
1.
The owner of any newly acquired cat of licensing age or of any cat
which attains licensing age shall make application for a license tag
or sleeve 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 ninety (90) days.
2.
The owner of every cat of licensing age shall apply for license renewal
and pay the annual license fee as outlined in paragraph g of this
section on or before the last day of January of each year. Renewal
applications submitted February 1st and thereafter shall be subject
to a late fee.
c.
Cats Brought into Jurisdiction.
1.
Any person who shall bring or cause to be brought into the Borough
any cat licensed in another state for the current year and bearing
a registration tag or sleeve and shall keep the same or permit the
same to be kept within the Borough for a period of more than ninety
(90) days shall immediately apply for a license and registration tag
or sleeve for each such cat.
2.
Any person who shall bring or cause to be brought into the Borough
any unlicensed cat and shall keep the same or permit the same to be
kept within the Borough for a period of more than ten (10) days shall
immediately apply for a license and registration tag or sleeve for
each such cat.
d.
Application Contents; Preservation of Information. The application
shall state the breed, sex, age, color and markings of the cat for
which license and registration are sought and whether it is of a long-
or shorthaired variety, also 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 registration number issued
for the cat shall be preserved for a period of three (3) years by
the Licensing Official.
e.
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 of Roselle
Park.
f.
Evidence of Inoculation with Rabies Vaccine or Certification of Exemption; Requirement for License. No Licensing Official shall grant any such license and official registration tag or sleeve for any cat unless the owner thereof provides evidence that the cat to be licensed and registered has been inoculated with a rabies vaccine of a type approved by and administered in accordance with the recommendation of the United States Department of Agriculture and the United States Department of Human Services or has been certified exempt as provided in subsection 8-10.2. The rabies inoculation shall be administered by a duly licensed veterinarian or by such other veterinarian permitted by law to do the same.
g.
Annual License, License Fees, Late Fees, and Tag; Placement of Tags
on Cat.
1.
Any person who shall own, keep, harbor or maintain a cat of licensing
age in the Borough shall annually in the month of January, apply for
and procure a registration tag for each cat so owned, kept, harbored
or maintained and shall place upon each such cat a collar or harness
with the registration tag securely fastened thereon.
2.
Only one (1) license and registration tag or sleeve shall be required
in the licensing year for any cat in the Borough. Any valid New Jersey
license tag or sleeve issued by a New Jersey municipality shall be
accepted by the Borough as evidence of compliance.
3.
Effective January 1, 2018 the license fee for unneutered cats will
be fifteen ($15.00) dollars and neutered cats will be ten ($10.00)
dollars. Persons who fail to obtain a license as required within the
time period specified herein shall be subject to a delinquent fee
of two ($2.00) dollars per month, with a maximum of ten ($10.00) dollars
per year.
h.
Loss of License. If a license tag or sleeve has been misplaced or
lost, the Licensing Official may issue a duplicate license and/or
registration sleeve for that particular cat for a fee of fifty ($.50)
cents.
i.
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.
j.
Interfering with Persons Performing Duties under this Chapter. No
person shall hinder, molest or interfere with anyone authorized or
empowered to perform any duty under this chapter.
k.
Disposition of Fees Collected. License fees and other moneys collected
or received under the provisions of this section shall be forwarded
to the Chief Financial Officer and shall be placed in a special account
separate from any of the other accounts of the Borough 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 antirabies 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 chapter. Any unexpected
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.
[1980 Code § 88-2]
a.
Vaccination and License Requirements. No person shall own, keep,
harbor or maintain any cat over seven (7) months of age within the
Borough unless such cat is vaccinated and licensed. The provisions
of this section do not apply to cats held in a cattery 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 the latest Compendium of Animal Rabies
Vaccines and Recommendations for Immunization, published by the National
Association of State Public Health Veterinarians, except as provided
for in paragraph d below.
c.
Vaccination Certificate. A certificate of vaccination shall be issued
to the owner of each animal vaccinated 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 local 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 inoculation of such cat shall be deemed inadvisable.
[1980 Code § 88-4]
Except as otherwise provided in this section, any person who
violates or who fails or refuses to comply with this section shall
be liable to a penalty of not less than twenty-five ($25.00) dollars
nor more than one hundred ($100.00) dollars for each offense, to be
recovered by and in the name of the local Board of Health or by and
in the name of the Borough of Roselle Park.
[Ord. No. 2214 § 1]
The purpose of this section is to prohibit the feeding of unconfined
wildlife in any public park or on any other property owned or operated
by the Borough of Roselle Park or on private property, so as to protect
public health, safety and welfare and to prescribe penalties for failure
to comply.
[Ord. No. 2214 § 2]
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this section 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.
Shall mean to give, place, expose, deposit, distribute or
scatter any edible material with the intention of feeding, attracting
or enticing wildlife, including purposely or knowingly leaving or
storing any refuse, garbage, food product, pet food, forage product
or supplement, salt seed or bird seeds, fruit, grain in a manner that
would constitute an attractant to any wild animal or waterfowl. Feeding
does not include baiting in the legal taking of fish and/or game.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean all animals that are neither human nor domesticated.
[Ord. No. 2214 § 3]
No person shall feed, on any private property or in any public
park or on any other property owned or operated by the Borough of
Roselle Park, any wildlife, excluding confined wildlife (for example,
wildlife confined in zoos, parks or rehabilitation center, or unconfined
wildlife at environmental education centers or farm animals).
No person shall feed on any public or private property deer or any of the other wildlife set forth in subsection 8-11.2 of this section. Deer means a ruminant animal having deciduous antler, antler, usually in a male only.
Feeding of other songbirds and other backyard birds shall be
permitted outdoors at such times and in such numbers that: (1) such
feeding does not create an unreasonable disturbance that affects the
rights of surrounding property owners and renders other persons insecure
in the use of their property and; (2) does not create an accumulation
of droppings on the property and surrounding properties and; (3) does
not become an attractant for rodents or other wildlife animals and;
(4) bird feeders are placed at least five (5) feet above the ground.
[Ord. No. 2214 § 4]
This section shall be enforced by the Police Department and/or
other municipal officials of the Borough of Roselle Park.
Any person found to be in violation of this section shall be
ordered to cease the feeding immediately.
[Ord. No. 2214 § 5]
Any person(s) who is found to be in violation of the provisions
of this section shall be subject to the following penalties. For any
and every violation of any of the provisions of this section, the
violator of said provision will be subject to imprisonment in the
County Jail or in any place provided by the municipality for the detention
of prisoners for a term not exceeding ninety (90) days; or subject
to a fine not less than one hundred ($100.00) dollars nor more than
two thousand ($2,000.00) dollars; or for a period of community service
not to exceed ninety (90) days.
[Ord. No. 2356 § 1]
The feeding of stray cats is prohibited. The maintenance and/or
feeding of privately owned cats in such a manner as to create unsanitary
conditions, attract vermin, or be potentially detrimental to health
or create a public health nuisance is hereby prohibited.
[Ord. No. 2356 § 2]
a.
It shall be unlawful for any person to permit a cat within their
ownership or control to excrete feces onto any private or public property,
without immediately removing and, within a reasonable time, properly
disposing of such feces.
b.
Subsection 8-11.7a shall not apply where the owner or occupant of private property grants permission for a cat to excrete feces on that property, provided such feces does not accumulate to such a degree that is shall create an objectionable smell or other nuisance to the public or neighboring properties. This exception shall not prohibit such owners or occupants from being subject to the public nuisance, property maintenance and public health regulations of the Borough.
c.
The sanitary manner for removal of feces shall be by the placement
of the removed feces in a sealed plastic bag and then further placed
in said person's own garbage or waste removal container and shall
not be by placement of the feces, whether in a sealed plastic bag
or not, in any garbage or waste container owned or maintained by the
Borough of Roselle Park or any garbage or waste container of any other
person or entity or storm sewer.
[Ord. No. 2356 § 3]
[Ord. No. 2403 § 1]
For the purpose of this section, the following terms shall have
the meaning set forth in this subsection. When not inconsistent with
the context, words used in the present tense include the future, words
in the plural number include the singular, words in the singular number
include the plural, and words in the male gender include the female
gender.
Shall mean a person with animal welfare as his main purpose
who agrees to comply with the requirements of caring for an approved
colony as set forth in this section. The caregiver is the person who
provides food, water or shelter to and/or otherwise cares for a feral
cat colony. A caregiver must provide written notice to the Mayor and
Council that he desires to serve as a caregiver and must meet all
criteria set forth below for fulfilling the duties of a caregiver.
As used in this section shall mean a cat which is currently
socialized to humans.
Shall mean straight-line cutting of the tip of the left ear
of a cat by a veterinarian while the cat is anesthetized.
Shall mean a cat which currently exists in a wild or untamed
state.
Shall mean a single feral cat or a group of cats that congregates
together.
Shall mean disturbing the peace by (a) habitually or continually
howling, crying or screaming, or (b) the habitual and significant
destruction, desecration or soiling of property against the wishes
of the owner of the property.
Shall mean shelter that provides protection from rain, sun,
and other elements and is adequate to protect the health of the cat.
Shall mean Trap, Neuter and Return.
Shall mean a program pursuant to which cats are trapped,
neutered or spayed, vaccinated against rabies, eartipped and returned
to the current location where they congregate at the sole cost of
the colony caregiver or private organization assisting the caregiver.
[Ord. No. 2403 § 2]
Feral cat colonies are permitted and caregivers are entitled
to maintain them in accordance with the terms and conditions of this
section.
[Ord. No. 2403 § 3]
It shall be the duty of the caregiver to:
a.
Ensure that he has the capacity to meet the requirements of caregiver in this subsection and subsection 8-12.4 before registering a colony.
b.
Ensure that he, or any individual or organization trapping cats on
his behalf, obtains training from skilled animal rescue/protection
organizations regarding methods to safely capture and hold feral cats.
c.
Obtain information for himself and his responsible substitutes on
the proper management of a colony, including any hand-outs developed
by Animal Control.
d.
Obtain the approval of the owner of any property to which the caregiver
requires access in order to trap cats or provide colony care.
e.
Take all reasonable, good faith steps that will result in the spaying/neutering,
by a licensed veterinarian, of one hundred (100%) percent of the colony
population. In facilitating that spaying/neutering of cats, caregivers
shall be presumed to have acted in good faith in concluding that cats
routinely congregating within the colony are feral.
f.
Take all reasonable, good faith steps that will result in rabies
vaccination and revaccination of all cats in the colony.
g.
In the event that kittens are born to a colony cat, take all reasonable,
good faith steps that will result in the removal of the kittens from
the colony after they have been weaned, and the placement of kittens
in permanent homes, with proof of spay/neuter, at no cost to the Borough.
h.
Provide food, water and suitable shelter for feral and/or colony
cats. Caregiver shall only make food available to the colony cats
during daylight hours and shall remove all uneaten food within two
(2) hours of feeding, in order to reduce the attraction of nocturnal
rabies vector species and avoid causing a public health nuisance or
attracting vermin or other animals.
i.
Observe the colony cats on a daily basis, and keep a record of any
illnesses or unusual behavior noticed in any colony cats and report
all illness to animal control immediately.
j.
Obtain proper medical attention for any colony cat that appears to
require it, at the sole cost of the caregiver or private organization
assisting the caregiver.
k.
Remove all visible feces within forty-eight (48) hours.
l.
Help to resolve any complaints over the conduct of the colony caregiver
or of cats within a colony.
m.
Not introduce any cats from outside the already existing colony into
the colony.
[Ord. No. 2403 § 4]
It shall be the duty of the caregiver to:
a.
Maintain records on the size and location of the colony, as well
as the vaccination and spay/neuter records of cats in the colony.
b.
Submit a registration application to the Mayor and Council for the
feral cat colony, which shall include:
1.
The total number of cats in the colony;
2.
A description of each cat in the colony;
3.
Copies of documents evidencing that the cats have been vaccinated
and spayed/neutered, with the understanding that if the caregiver
has been unable to catch a particular cat at the time of registration
he shall note this in writing and submit the documents for such cat
once they are available; and
4.
A signed hold harmless agreement.
c.
Report semi-annually in writing to the Mayor and Council on the status
of the colony, including date, the number and gender of all cats in
the colony, the number of cats that died or otherwise ceased being
a part of the colony during the year; the number of kittens born to
the colony cats, and their disposition and the number of cats placed
for adoption or in permanent homes as companion cats along with proof
of spay/neuter.
d.
Feral cat colonies must be registered annually. Colonies within the
municipality that are not registered with the Mayor and Council are
not entitled to any benefits or protections set forth in this section.
[Ord. No. 2403 § 5]
The left ear of a colony cat that has been spayed or neutered
and vaccinated shall be ear tipped.
[Ord. No. 2403 § 6]
a.
An Animal Control Officer who has trapped a cat whose left ear has
been tipped shall contact the caregiver responsible for the cat.
b.
Once contacted, the caregiver shall be responsible for retrieving
the cat from the shelter within seven (7) business days of notification
or shall surrender the cat to the shelter and pay any required surrender
fees if the caregiver does not intend to retrieve the cat. Caregivers
are responsible for all fees.
[Ord. No. 2403 § 7]
b.
Each violation of any of the provisions of this section and each
day the same is violated shall be deemed and taken to be a separate
and distinct offense.
c.
Nothing shall interfere with the Borough's ability to:
1.
Seize/remove a cat from a colony that is creating a nuisance as defined
above if the caregiver has failed to cure the nuisance within thirty
(30) days of being advised in writing of its existence, which period
may be extended at the Borough's discretion if progress is being made
to cure the nuisance.
2.
Seize/remove a feral cat colony when the caregiver regularly fails to comply with the requirements of subsection 8-12.3 if caregiver has failed to correct the situation within thirty (30) days of being given notice delineating the failure with specificity. Said period may be extended at the Borough's discretion if progress is being made to correct the violation(s).
3.
No provisions in this section are intended to interfere with the
ability of Animal Control Officers ability to comply with N.J.S.A.
4:19-15.16 or other existing law.
[Ord. No. 2403 § 8]
The Animal Control Officer shall conduct a periodic review of
the program and recommend any revisions which may be required to the
Governing Body.
[Ord. No. 2403 § 9]
The Mayor and Council strongly encourages caregiver(s) of any
feral cat colony(ies) to work with all animal rescue groups for the
purpose of maximizing adoption of kittens and tame cats.
[Ord. No. 2484-2017 § 1]
Shall mean an animal control center or animal shelter, maintained
by or under contract with any state, county, or municipality, whose
stated mission and practice is, in whole or significant part, the
rescue and placement of animals in permanent homes or rescue organizations.
Shall mean any non-profit organization which has tax-exempt
status under Section 501(c)(3) of the United States Internal Revenue
Code, whose mission and practice is, in whole or in significant part,
the rescue and placement of animals in permanent homes.
Shall mean a member of the species of domestic cat, Felis
catus.
Shall mean a member of the species of domestic dog, Canis
familiaris.
Shall mean to sell, to offer to sell or adopt, advertise
for the sale of, barter, auction, give away, or otherwise dispose
of a dog or cat.
Shall mean a retail establishment where dogs and cats are
sold, exchanged, bartered, or offered for sale as pet animals to the
general public at retail. Such definition shall not include an animal
care facility or animal rescue organization, as defined.
[Ord. No. 2484-2017 § 2]
[Ord. No. 2484-2017 § 3]
Upon adoption of this section, enforcement authority is delegated
to the Roselle Park Police Department, Roselle Park Deputy Code Officer
and/or the Roselle Park Animal Control Authority or Animal Control
Officer.
[Ord. No. 2484-2017 § 4]
[Ord. No. 2484-2017 § 5]
A pet shop shall maintain records stating the name and address
of the animal care facility or animal rescue organization that each
cat or dog was obtained from for at least two (2) years following
the date of acquisition. Such records shall be made available, immediately
upon request, to Borough Police Department, Roselle Park Deputy Code
Officer, and/or the Roselle Park Animal Control Authority or Animal
Control Officer and submitted annually, and no later than May 1 of
each year, to the Borough Clerk's Office. Each pet shop shall display
on each cage a label stating the name and address of the animal care
facility or animal rescue organization of each animal kept in the
cage.
