No person shall own, harbor or keep any dog or cat within the municipal limits of the Borough of Roselle Park which is not inoculated against rabies; provided, however, that dogs or cats which have not attained the age of seven (7) months shall not be required to be inoculated, and further provided that any dog or cat may be exempt from the requirements of such inoculation for a specified period of time by the Board of Health upon the presentation of a certificate from a veterinarian stating that, because of infirmity or other physical condition, the inoculation of such dog or cat for said specified period of time shall be deemed inadvisable by said veterinarian.
The inoculation against rabies shall be performed each year and shall be performed prior to the procurement of the dog or cat license required by ordinance of the Borough of Roselle Park, or evidence shall be presented at the time of procurement of the dog or cat license by the dog or cat owner that a three-year inoculation has been performed and that the inoculation has not expired.
It is imperative that the public is protected from the effects of rabies epizootic to the greatest extent technically and economically possible. Wildlife rabies cannot be controlled, but spill over into our domestic animal population is preventable. This section is intended to serve as a means of developing a long-term solution to the rabies problem, as well as implementation of appropriate measures to reduce the problem before demands for solutions and protection overwhelm available resources and capabilities to effectively respond to those demands.
An effective barrier can only be established if both dogs and cats are required to have rabies vaccination. By instituting and maintaining mandatory dog and cat licensing and vaccination, the Board of Health will be able to assess the level of immunity in these species within the Borough and provide needed resources to meet the rabies challenge.
As used in this chapter, the following terms shall have the meanings indicated:
- BOARD OF HEALTH
- Shall mean the agency of the Borough of Roselle Park ("Borough") charged with enforcing the requirements of Title 26 of the New Jersey Statutes and created pursuant to Chapter 2 of the Revised General Ordinances of the Borough of Roselle Park.
- Shall mean any member of the domestic feline species: male, female or neutered.
- CAT OR DOG OF LICENSING AGE
- Shall mean any cat or dog 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, where cats for sale are kept or displayed.
- CONTROL AUTHORITY
- Shall mean person or agency designated or certified by the State of New Jersey to enforce provisions relating to licensing, vaccination, and control of dogs and cats.
- Shall mean and include any member of the canine species: male, female or neutered.
- LICENSING AUTHORITY
- Shall mean the licensing authority is hereby designated as the Board of Health.
- LICENSING YEAR
- Shall mean the period from January 1 to December 31 of the following year during which time the license required by this chapter shall be in effect.
- Shall mean rendered permanently incapable of reproduction as certified by a licensed veterinarian.
- Shall mean any person having custody of a dog or cat and every person who has such dog or cat in his or her keeping or who harbors or maintains a dog or cat or knowingly permits a dog or cat to remain on or about any premises occupied by that person. The owner of a dog or cat shall be considered the initial owner of its puppies or kittens. A person who continually feeds a stray dog or cat shall also be considered its owner.
- Shall mean any individual, corporation, partnership, organization or institution.
- VICIOUS DOG
- Shall mean any dog which at any time, without provocation, has attacked or bitten a human being or which severely or habitually attacks other dogs or domestic animals either while upon or off the premises occupied or owned by the owner.
Vaccination and License Requirements. No person shall own, keep, harbor or maintain any dog or cat over seven (7) months old unless it is vaccinated and licensed and except in compliance with the provisions of this chapter. This subsection shall not apply to cats held in a cattery, a State or Federal research facility, a veterinary establishment where dogs or cats are kept for diagnostic, medical, surgical or other treatments or licensed animal shelters, pounds, kennels or pet shops.
Vaccination. Except as provided in paragraph d, all dogs or 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, and 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.
Vaccination Certificate. The owner of each dog or cat must, as evidence of such vaccination, produce a certificate of vaccination, which shall be in a form recommended by the State and, if no form is so recommended by the State, in a form approved by the Board of Health. Said vaccination must be current through at least November 30 of the following licensing year.
Exemptions. Any dog or cat may be exempted from the vaccination requirements for a specified period of time by the Board of Health upon presentation of a veterinarian's certificate stating that, because of an infirmity or other physical condition, regimen or therapy, the inoculation of such dog or cat is deemed inadvisable.
[Ord. No. BOH-02-2008]
License Number Displayed. Any person who owns, keeps or harbors a dog or cat of licensing age shall annually apply for and procure from the licensing authority through the Borough Clerk, upon payment of the prescribed fee, a license and official registration tag with license number for each dog or cat so owned, kept or harbored and shall place upon such dog or cat a collar or other device with the license number securely fastened or displayed. Acceptable methods of displaying a license number shall include, but are not limited to, breakaway or elastic collars. License tags are not transferable.
Time for Applying for License.
The owner of any dog or cat in the Borough shall make application for a license or renewal thereof on or before January 1 of each year. Only one (1) license and registration tag shall be required in the licensing year for any dog or cat in the Borough of Roselle Park.
In the case of dogs or cats that become licensing age after January 31 but before December 31 of the same year, the owner shall make application for a license tag for such dog or cat within ten (10) days after acquisition of age attainment. If a dog or cat becomes licensing age during the month of January, the owner need only make application for a license tag for such dog or cat prior to January 31 for the new licensing year.
Dogs or Cats Brought into Jurisdiction.
Any person who brings into or causes to be brought into the Borough any dog or cat currently licensed in another municipality in this State or any other state through, at least, December 31 of the current licensing year and providing evidence to the licensing authority through the Borough Clerk of the registration tag shall be permitted to keep said dog or cat within the Borough through the current licensing year ending December 31 so long as said dog or cat is vaccinated against rabies through November 30.
Except as provided in paragraph c1 above, any person who brings into or causes to be brought into the Borough any unlicensed dog or cat, shall not be permitted to keep the same within the Borough for a period of more than ten (10) days unless such person shall have applied for a license and registration tag for each such dog or cat within that time period.
Application, Contents, Preservation of Information. The application for a dog or cat license or renewal thereof shall state the breed, sex, age, color and markings of the dog or cat, also the name, street and post office address of the owner and the person who shall keep or harbor such dog or cat. The information on said application and the registration number issued for the dog or cat shall be preserved for a period of three (3) years by the licensing authority.
License Forms and Tags. License forms and official tags shall be furnished by the licensing authority through the Borough Clerk and shall be numbered serially, and shall bear the year of issuance and the name of the municipality.
Evidence of Inoculation. The licensing authority shall not grant a license and official registration tag for any dog or cat unless the owner provides a vaccination certificate pursuant to BH2-1.6c above or the dog or cat has been certified exempt as provided in subsection BH2-1.6d above. The rabies inoculation shall be administered by a duly licensed veterinarian permitted by law to do it.
License Fee Schedule. Effective January 1, 2008, and for each successive licensing year or portion thereof a payment of nineteen dollars and twenty ($19.20) cents for each unneutered dog or nine ($9.00) dollars each for unneutered cat and sixteen dollars and twenty ($16.20) cents for each neutered dog or six ($6.00) dollars for each neutered cat. 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. Effective January 1, 2009 the license fee for unneutered cats will be fifteen ($15.00) dollars and neutered cats will be ten ($10.00) dollars.
Fees, Renewals; Expiration Date of License. The fee for the renewal of license and registration tag shall be the same as for an original license. Each original license and registration tag and renewal thereof shall expire on the 31st day of December, in the following year.
Loss of License. If a license tag is misplaced or lost, the licensing authority through the Borough Clerk may issue a duplicate license and/or registration tag for that particular dog or cat at a fee of one ($1.00) dollar; effective January 1, 2008 at a fee of five ($5.00) dollars.
Proof of License. Proof of licensing shall be produced by any person owning, keeping, maintaining or harboring a dog or cat, upon request of any Health Official, Police Officer, Animal Control Officer or other authorized person.
Interfering with Persons. No person shall hinder, molest or interfere with anyone authorized or empowered to perform any duties under this chapter.
Disposition of Fees Collected.
License fees and other moneys collected or received under the provisions of this chapter shall be forwarded to the Chief Financial Officer of the Borough of Roselle Park, and shall be placed in a trust account of the Borough of Roselle Park and shall be used for the following purposes only:
Collecting, keeping and disposing of dogs or cats liable to seizure.
For local prevention and control of rabies.
Providing anti-rabies treatment under the direction of the Board of Health for any person known or suspected to have been exposed to rabies.
For administering the provisions of this chapter.
Such money shall be used to help defray the costs incurred by a resident of the Borough to pick up injured, deceased or wild animals that do not belong to them.
An agent designated by the licensing authority may take dogs or cats into custody and impound and later destroy them, release them to the owner, or offer them for adoption, as provided in this subsection, in the following situations:
If any dog or cat is taken into custody whose owner is known or which is wearing a registration tag, an authorized agent shall attempt to contact the owner. If the dog or cat is not claimed by the owner or contact cannot be made with the owner within forty-eight (48) hours of seizure, a notice in writing will be sent to the owner stating that the dog or cat has been seized and is subject to being offered for adoption or destroyed if not claimed within fourteen (14) days after the service of the notice.
Notice under this section shall be deemed to be effective if served personally, or by leaving it at the person's usual last known place of abode or at the address given in the license application or by mailing to any such address by United States mail, postage prepaid.
An authorized agent of the licensing authority may cause a dog or cat to be offered for adoption or destroyed in a manner causing as little pain as possible and consistent with the provisions of N.J.S.A. 4:22-19, fourteen (14) days after seizure, provided that:
The dog or cat was not wearing a valid registration tag at the time of seizure and the owner is unknown;
A notice was served as provided and the dog or cat was not claimed; or
The owner or person keeping or harboring a dog or cat, which was unlicensed at the time of seizure, does not, within seven (7) days, produce a valid license and registration tag for the dog or cat.
No impounded dog or cat shall be sold or otherwise made available for the purpose of experimentation.
After observation, any impounded dog or cat shall be reported immediately to the Health Officer of the Borough.
If an owner requests pickup of a dog or cat to be disposed, including any puppies or kittens born to the parent dog or cat, the owner shall be responsible for all expenses in connection with disposal of the unwanted animal(s).
It shall be the duty of the Control Authority designated by the Mayor and Council or the Board of Health to receive and investigate complaints against dogs when any dog complained against may be suspected of being a vicious dog. In the event that the Control Authority believes that a dog is a vicious dog, as herein defined, said Officer shall either impound said animal or place the animal under quarantined impoundment at the residence of the owner. The owner shall cause the animal to be forthwith examined by a veterinarian, who shall provide the Board of Health with a certificate as to the physical and emotional condition of the animal, which certificate shall be received within ten (10) days of the date of impoundment, and which report shall be provided at the expense of the owner. The owner of the dog shall also be responsible for any costs for quarantine or impoundment, including maintenance, redemption fees and charges and veterinarian fees, if any.
During the period of impoundment, it shall be the duty of the Control Authority to further investigate the complaints against the dog, and if any dog complained against continues to be deemed by him to be a vicious dog as herein defined, the Control Authority shall report the facts by executing an appropriate complaint and summons with the Municipal Court, which shall thereupon serve the summons and complaint on the owner requiring him to appear before said court at a stated time and place. The court, at the time set for such hearing, shall inquire into the facts regarding whether the dog is a vicious dog and give all interested persons an opportunity to be heard under oath and to be represented by counsel, and the court shall decide in accordance with the evidence before it whether such dog is vicious as defined by this chapter and whether the owner is guilty of a violation of this chapter.
In the event that the dog complained against is declared to be a vicious dog by the court, the court shall cause a record thereof to be kept by the court; the court shall also cause a record to be given to the Municipal Clerk, the Control Authority, the Health Officer and the owner of the dog. Should a subsequent offense occur, the record of the previous hearing may be admitted into evidence. If the court finds from the evidence that sufficient proof has been adduced to support the charges in the complaint and finds that there are reasonable grounds to believe that the destruction of the dog is necessary to prevent further harm to person(s) and or to domestic animal(s), it shall command the Control Authority to have such dog destroyed as painlessly as possible within a specified time.
The following shall be deemed to be valid defenses to any complaints filed herein:
That the biting by such dog occurred while the dog was confined on the property of the owner and was securely chained, in a pen, or other suitable fenced area.
That the dog was provoked by the person(s) or domestic animal(s) bitten or attacked, whether such biting or attacking occurred on the premises of the owner or at any other place.
Upon a determination made in court that a dog is vicious, in addition to or in lieu of any fine, penalty or conditions imposed by the court, including those set forth in paragraph c above, the owner shall in the event that the dog continues to be maintained in the Borough, be required to comply with the following regulations:
Where the dog is maintained in a shelter other than the residence of the owner, the dog must be kept in an enclosed shelter, providing fencing of sufficient strength and size to retain the animal. Such shelter must be closed on all sides, on top and be over a fenced floor or other surface (macadam concrete, etc.) that the animal cannot escape from. Such enclosure must be approved by the Control Authority and the Health Officer prior to use.
Whenever the dog is taken from the residence to such shelter and back, and whenever the dog is taken off the property, it must be leashed and muzzled. No dog determined to be a vicious dog shall be permitted to run at large unleashed and while not securely muzzled. Any owner found violating this subsection shall have the dog immediately impounded and be subject to further court action including fines, jail, destruction of the dog and any other action deemed appropriate by the Municipal Judge.
A sign noting "BEWARE OF VICIOUS DOG" must be posted at all means of ingress and egress to the property clearly visible from the property lines.
Any animal control authority is hereby authorized and empowered to go on any premises to take into custody any dog which he may lawfully seize when in immediate pursuit of such animal.
Any notice required or permitted to be given hereunder may be made and given by leaving it at or mailed to the usual or last known place of abode of the person to whom directed or, when applicable, the address given on the dog's collar.
[Ord. No. BH#95 § 1]
Any person who violates any portion of this chapter shall, upon conviction, be fined not less than fifty ($50.00) dollars or more than five hundred ($500.00) dollars for each offense. Each day the violation continues shall constitute a separate and distinct offense.