Editor's Note: Relevant statutory provisions are found
in N.J.S.A. 4:19-15.1 et seq.
The Animal Control officer services are provided under
agreement with the Humane Society and the Borough of Matawan.
[Ord. No. 08-25; Ord. No. 2015-15]
As used in this chapter:
Shall mean any person or agency authorized by the Borough
of Matawan to provide animal control services.
Shall mean any member of the domestic feline species, male,
female or altered.
Shall mean any cat which has attained the age of seven months
or which possesses a permanent set of teeth.
Shall mean a clean receptacle designed to hold water which
is sturdy, hard to tip and suitable to the pet and circumstance.
[Ord. No. 2015-15]
Shall mean any dog, bitch or spayed bitch.
Shall mean any dog which has attained the age of seven months
or which possesses a set of permanent teeth.
Shall mean temperatures above 85 degrees or below 40 degrees,
and depending on the species, age, condition, size and type of each
animal, weather warnings and watchers, hurricanes, tornadoes, floods
and blizzards.
Ord. No. 2015-15]
Shall mean that the pet solid waste is removed at once, without
delay.
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 the agency or department of the Borough of Matawan,
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 a cat, dog or other animal which has been rendered
permanently incapable of reproduction as certified by a licensed veterinarian.
When applied to the proprietorship of a dog or a cat or other
animal, shall mean and include every person having a right of property
in such dog or cat or animal and every person who has such dog or
cat or animal in his or her care, custody or control, or who knowingly
permits a cat to remain on or about any premises occupied by that
person.
Shall mean any person who shall possess, maintain, house
or harbor any pet or otherwise have custody of any pet, whether or
not the owner of such pet.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean a domesticated animal (other than a disability
assistance animal) kept for amusement or companionship.
Shall mean 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.
Shall mean waste matter expelled from the bowels of the pet;
excrement.
Shall mean, but is not limited to, any dog or dog hybrid
declared to be potentially dangerous and/or vicious by a Municipal
Court pursuant to N.J.S.A. 4:19-23.
Shall mean an establishment for the confinement of animals,
including but not limited to dogs or cats, seized either under the
provisions of this act or otherwise.
Shall mean placement in a designated waste receptacle, or
other suitable container, and discarded in a refuse container which
is regularly emptied by the municipality or some other refuse collector;
or disposal into a system designed to convey domestic sewage for proper
treatment and disposal.
Shall mean an area out of the direct sunlight or an area
having the direct sunlight blocked during the months of May through
and including October.
[Ord. No. 2015-15]
Shall mean shelter/doghouse that is suitable for the species,
age, condition, size and type of each animal and protects each animal
from injury, rain, sleet, snow, hail, direct sunlight, the adverse
effects of heat or cold, and maintains the physical condition of the
animal so as to maintain the animal in a state of good health. Such
shelter shall be large enough for the animal to turn around and lay
down yet not so tall that the animal's body heat dissipates easily.
[Ord. No. 2015-15]
Shall mean The Tufts Animal Care and Condition Scale for
assessing body condition, weather and environmental safety, and physical
care in dogs; authored by the Tufts University School of Veterinary
Medicine.
[Ord. No. 2015-15]
Shall mean any dog or hybrid declared vicious by a Municipal
Court pursuant to N.J.S.A. 4:19-22.
Shall mean fresh, clean water provided daily in all situations
in sufficient quantity in an appropriate container for the pet and
the circumstance (e.g., no metal bowls in winter).
[Ord. No. 2015-15]
[Ord. No. 08-25]
a.
Any dog or cat owned in New Jersey and duly licensed for the current
licensing year and bearing the proper registration tag for a New Jersey
municipality shall be exempt from the licensing and tag provisions
of this subsection.
b.
Any person who shall bring or cause to be brought into the Borough
of Matawan any dog or cat licensed in a State other than New Jersey
for the current licensing year and who keeps the dog or cat in the
Borough for a period of more than 90 days shall immediately apply
for a license and registration tag for the dog or cat.
c.
Any person who shall bring or cause to be brought into the Borough
any unlicensed dog or cat and who keeps the dog or cat in the Borough
for a period of more than 10 days shall immediately apply for a license
and registration tag for the dog or cat.
d.
The owner or keeper of any newly acquired dog or cat of licensing
age, or of any dog or cat which attains licensing age, shall apply
to the Borough for a license and registration tag for such dog or
cat within 10 days after such acquisition or age attainment.
[Ord. No. 08-25]
a.
Any person who shall own, keep or harbor a dog or cat of licensing
age in the Borough shall in the month of January in each year apply
for and procure from the Borough Clerk a license and official metal
registration tag for each such dog or cat owned, kept or harbored,
and shall place upon each such dog or cat a collar or harness with
the registration tag securely fastened to it.
No license to own, keep or harbor a dog or cat shall be issued
to a minor.
b.
The application form furnished by the Borough shall be signed by the owner or keeper of the dog or cat and shall state the breed, sex, age, color and markings of the dog or cat for which the license and registration are sought, and whether the dog is of a long-haired or short-haired variety, and also the name, street and post office address of the owner and the person who shall keep or harbor such dog or cat. At the time of making application, the applicant shall submit to the Borough a written certificate showing rabies inoculation in accordance with Section 5-3 of this chapter.
[Ord. No. 08-25; Ord. No. 2018-07]
a.
A person applying for a license for a non-potentially dangerous dog
shall pay to the Borough the sum of $12 for the licensing of each
such dog and the additional sum fixed by N.J.S.A. 4:19-15.3 for the
registration tag of each dog. An additional fee of $5 per dog shall
be assessed against dog owners who license their dogs as of March
1 of the licensing year. There shall be a charge of one ($1.00) dollar
for the replacement of a registration tag during any current licensing
year.
b.
A person
applying for a potentially dangerous dog license shall pay to the
Borough the sum of $700 for the licensing of each dog, pursuant to
N.J.S.A. 4:19-31, as well as the additional sums fixed under N.J.S.A.
4:19-15.3. The fees collected under this provision shall be deposited
in a special account as required by N.J.S.A. 4:19-35, to be used by
the Borough of Matawan to administer and enforce the provisions of
N.J.S.A. 4:19-17 through 37, which govern the regulation of potentially
dangerous or vicious dogs.
c.
Dogs used as guides for blind persons and commonly known as seeing-eye
dogs, dogs used to assist handicapped persons or which are commonly
known as service dogs, or dogs used to assist deaf persons and commonly
known as hearing-ear dogs shall be licensed and registered as other
dogs hereinabove provided for, except that the owner or keeper of
such dog shall not be required to pay any fee, as per the provisions
of N.J.S.A. 4:19-15.31.
d.
A person applying for a cat license shall pay to the Borough the
sum of $10 for the licensing of each such cat, and any additional
sums as fixed by State law. An additional fee of $5 per cat shall
be assessed against cat owners who license their cats as of March
1 of the licensing year. There shall also be a charge of one ($1.00)
dollar for the replacement of a registration tag during any current
licensing year.
e.
There shall also be an additional fee of $3.00 for any dog or cat
of reproductive age which has not been spayed/neutered.
[Amended 12-6-2022 by Ord. No. 22-15]
[Ord. No. 08-25]
The license year shall run from January 1 of the year of issuance
to December 31 of the same year.
[Ord. No. 08-25]
No person shall own, harbor or keep any cat or dog within the
Borough which is not inoculated against rabies. The inoculation shall
be made by a duly licensed veterinarian. The vaccine used must be
of a type approved by the United States government agency responsible
for licensing manufacturers of veterinary biologicals. Each cat or
dog shall be inoculated against rabies once each year unless the veterinarian's
certificate indicates a longer period of effectiveness.
[Ord. No. 08-25]
Any person who shall own, keep or harbor a cat or dog within
the Borough shall procure and possess a veterinarian's certificate
indicating that the cat or dog has been inoculated against rabies
and setting forth the date of the inoculation. The certificate shall
be produced upon the request of any Borough Health Official, member
of the Borough Police Department, or Borough Animal Control Officer.
[Ord. No. 08-25]
Proof of inoculation shall be required prior to issuance of
a cat or dog license.
[Ord. No. 08-25]
Whenever it becomes necessary to safeguard the public from the
danger of rabies, the Borough Administrator, if he or she deems it
necessary, shall issue a notice ordering every person owning or keeping
a cat or dog to confine it securely on his or her premises unless
such cat or dog shall have a muzzle of sufficient strength to prevent
its biting any person. Any unmuzzled cat or dog running at large during
the time of the proclamation shall be seized and impounded unless
noticeably infected with rabies.
[Ord. No. 08-25]
a.
All dogs or cats so noticeably infected with rabies, or displaying
vicious propensities, shall be seized by the Animal Control Officer
or other authorized persons, with written notice via first class mail
to the owner’s last known address. The owner shall be notified
in writing via first class mail to the owner’s last known address
of actions to be undertaken pursuant to State law within three business
days of the seizure of the animal.
[Amended 12-6-2022 by Ord. No. 22-15]
b.
Dogs and cats impounded during the first two days of a proclamation issued under subsection 5-4.1 of this chapter, shall, if claimed within five days, be released to the owner unless infected with rabies, upon payment of the impounding charges provided for in this chapter. If unclaimed after that period, such dog or cat may be summarily destroyed.
[Ord. No. 08-25]
The following rules shall apply:
a.
The confinement and observation of rabid animals in the Borough of
Matawan shall conform and be in accordance with the provisions of
an Act of the Legislature of the State of New Jersey entitled, "Management
of Domestic Animal Rabies Exposures" and also comprising N.J.S.A.
26:4 et seq., and in accordance with the rules and regulations of
the New Jersey State Department of Health.
[Amended 12-6-2022 by Ord. No. 22-15]
b.
It shall be unlawful for any person knowing or suspecting a dog or
cat has rabies to allow such dog or cat to be taken off his or her
premises, or beyond the limits of the Borough, without the written
permission of the Animal Control Officer, a Policeman or other authorized
persons. Every owner, or other person, upon ascertaining a cat or
dog is rabid shall immediately notify the Animal Control Officer,
a Policeman or any other authorized persons, who shall either remove
the cat or dog to the pound or summarily destroy it.
c.
The owner or person in charge of any dog, cat or other animal which
has attacked or bitten a person shall confine the animal, at the expense
of the owner or person in charge of it, upon the premises of the owner
or person in charge or at some other place designated in the notice,
for at least 10 days after the animal has attacked or bitten a person.
[Ord. No. 08-25; amended 12-6-2022 by Ord. No. 22-15]
It shall be the duty of the Animal Control Officer and/or Agency
appointed by the Borough, to enforce the provisions of this chapter
and to take into custody and impound, or cause to be taken into custody
and impounded, the following:
a.
Any cat or dog running at large in the Borough.
b.
Any cat or dog off the premises of the owner or of the person keeping
or harboring the cat or dog, unless accompanied by a person who is
capable of controlling it and who has the cat or dog securely confined
and controlled by an adequate leash or chain not more than six feet
long, or which the official or his agent or agents have reason to
believe is a stray cat or dog.
c.
Any dog with fierce, dangerous or vicious propensities or any cat
or dog noticeably infected with rabies or bitten by an animal suspected
of having rabies.
d.
Any cat or dog off the premises of the owner or of the person keeping
or harboring the cat or dog without a current registration tag on
the collar of the cat or dog.
e.
Any female dog in season off the premises of the owner or of the
person keeping or harboring the dog.
f.
Any cat or dog running at large in the Borough upon complaint of
any citizen.
g.
No cat or dog shall be returned to the owner or claimant of such
cat or dog unless such cat or dog shall have a current license, and
the owner or claimant has complied with the rabies inoculations requirements
as herein provided and has paid the proper fees required.
[Ord. No. 08-25; amended 12-6-2022 by Ord. No. 22-15]
The Animal Control Officer or designated Agency by the Borough,
in accordance with State Law, is authorized and empowered to take
control of any unclaimed cat or dog, in as humane a manner as possible,
under the following contingencies:
When any cat or dog so seized has been detained for seven days
after written notice of said detention via first class mail has been
given to the owner’s last known address, or has been detained
for seven days after seizure, when notice cannot be given, in accordance
with the laws of the State of New Jersey, and if the owner or person
keeping or harboring the cat or dog has not claimed the cat or dog,
and paid all expenses incurred by reason of its seizure and detention,
and if the cat or dog is unlicensed at the time of the seizure and
the owner or person keeping or harboring the cat or dog has not produced
a license or registration tag or produced proof of ownership for the
cat or dog, the Animal Control Officer or other designated authority
may, pursuant to NJ State law, dispose or house the animal humanely
causing as little pain as possible pursuant to State Law.
[Ord. No. 08-25; amended 12-6-2022 by Ord. No. 22-15]
No person shall own, keep or harbor an animal in the Borough
except in compliance with this chapter and the following regulations:
a.
Running at Large. No dog or cat shall run at large at any time within
the limits of the Borough of Matawan.
b.
Leash Requirements. No dog or cat shall be permitted off the premises
of the person owning, keeping or harboring it unless accompanied by
a person who is capable of controlling it and who has the dog or cat
securely confined and controlled by an adequate leash or chain not
more than six feet long.
c.
Injury to Persons; Damage to Property. No person owning, keeping
or harboring a dog or cat shall permit or cause it to do any injury
to any person, or to do any damage to any shrubbery, flowers, grounds
or property of persons other than the owner or person having the care,
custody or control of such dog or cat.
d.
Barking. No person shall keep, harbor or maintain any dog which barks,
howls or cries continuously for 10 minutes or intermittently for 30
minutes so that same unreasonably interferes with the enjoyment of
life or property of persons residing in the vicinity. The provisions
of this section shall apply to all private or public facilities including
any animal pounds, kennels and pet shops where a dog is held for any
reason.
e.
Pet Waste Regulations. No person owning, harboring, keeping or in
charge of any dog or cat shall cause, suffer or allow such dog or
cat to soil, defile or defecate on or commit any nuisance on any common
thoroughfare, sidewalk, passageway, bypath, play area, park, school
ground or any place where people congregate or walk, or upon any public
or private property, without the permission of the owner of the property.
The restriction shall not apply to the street right-of-way, except
for sidewalk, from property line to property line which shall be used
to curb such dog or cat provided that the person who curbs such dog
or cat shall immediately remove all feces deposited by such dog or
cat and dispose of same in a sanitary manner.
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. Any owner or keeper
who requires the use of a disability assistance animal or emotional
service dog shall be exempt from the provisions of this section.
f.
Number of Domestic Animals Permitted. No more than six cats and/or
dogs of licensing age shall be kept, maintained or harbored at one
time in any residential housing unit or on its grounds or in any business
establishment or on its grounds. This restriction shall not apply
to properly licensed kennels, pet shops, pounds and shelters. This
provision on the number of animals shall not apply to instances where
the animal that is properly licensed gives birth and the ACO may grant
exemption for a period of time to enable the kitten or puppy to be
cared by its mother until able to be released.
g.
Wild Animals Prohibited; Exceptions. No person shall own, harbor
or keep any wild animal including, but not limited to, wolves, skunks,
raccoons and foxes, as pets unless the animal is purchased from a
duly certified pet shop and is accompanied by a certificate from the
pet shop and/or an appropriate State or Federal agency.
[Ord. No. 08-25; Ord. No. 2015-15]
The Tufts Animal Care and Condition Scale shall be used as a
guide to assess reasonable treatment.
a.
Condition of Pens and Premises. It shall be unlawful for any person
keeping or harboring animals to fail to keep the premises where such
animals are located free from excessive animal waste and offensive
odors to the extent that such waste and odors disturb person(s) residing
or located within 20 feet of the premises. It shall be unlawful to
allow the premises where animals are kept to become unclean and a
threat to the public health by failing to diligently and systematically
remove all animal waste from the premises.
[Ord. No. 08-25]
b.
No owner, caretaker or handler shall withhold proper shelter, protection
from weather, safety in extreme weather, veterinary care and immediate
care to any animal. No owner, caretaker, or handler shall fail to
provide his or her animal with sufficient food and fresh drinkable
water on a daily basis. Food and water must be in an animal food-consumption
or water-consumption-type container, feeder or watering device.
c.
No animal shall be subjected to unnecessary suffering and cruelty
such as subjecting the animal to prolonged fear, injury, pain or physical
abuse or extreme weather. Interaction with humans and other animals
shall not be unreasonably withheld. This subsection does not apply
to any individual currently licensed by the State Board of Veterinary
Medical Examiners to practice veterinary medicine, who is acting within
his or her scope of practice to deliver acceptable and medically sound
veterinary care for an animal.
d.
No animal shall be left unattended in a motor vehicle without sufficient
airflow or under extreme heat conditions (70 or more degrees on a
sunny day and/or more than 84 degrees inside the vehicle) as to render
the animal susceptible to heat prostration or any other adverse condition
that would be caused by said behavior, including death.
[Ord. No. 08-25; amended 12-6-2022 by Ord. No. 22-15]
a.
The
Borough Council shall appoint a suitable person as Animal Control
Officer or licensed Animal Welfare Agency for the Borough and such
assistants as from time to time may be necessary, who shall possess
and exercise the power and the authority described in this chapter.
Such Animal Control Officer or Agency shall be paid compensation as
the Borough Council shall deem suitable and proper.
b.
No
person shall hinder, molest or interface with anyone authorized or
empowered to perform any duty under this chapter.
c.
The
hindering of the enforcement of this chapter by the Animal Control
Officer shall be subject to a summons issued by the Animal Control
Officer to the property owner of the property, or owner of the animal,
and may be returnable as an ordinance violation in Municipal Court
for hindering the exercise of its authority to control and protect
animals by the Animal Control Officer. Upon conviction of an ordinance,
the fine to be imposed shall be no less than $50 for a first offense
and no greater than $200 for a second offense, and be subject to enhanced
fines for a third or subsequent offense at the discretion of the Municipal
Court Judge, not to exceed $1,250 for repeated subsequent offenses
to deter the conduct prescribed in this section
[Ord. No. 08-25]
Any person who keeps or operates or proposes to establish a
kennel, pet shop, shelter or pound shall apply to the Borough for
a license entitling the person to keep or operate such an establishment.
The application shall describe the premises, where the establishment
is located, the purpose or purposes for which it is to be maintained
and shall be accompanied by the approval of the County Board of Health
showing compliance with the local and State rules and regulations
governing location and sanitation at such an establishment.
All licenses issued for a kennel, pet shop, shelter or pound
shall expire on the last day of June of each year and be subject to
revocation by the Borough of Matawan on recommendation of the State
Department of Health or the County Board of Health for failure to
comply with the rules and regulations of the State Department or Borough
after the owner has been afforded a hearing by the State or Borough.
Any person holding such license shall not be required to obtain individual
licenses for dogs owned by such licenses and kept at such establishment;
such licenses shall not be transferable to another owner or to different
premises.
[Ord. No. 2017-08]
a.
ANIMAL CARE FACILITY
ANIMAL RESCUE ORGANIZATION
OFFER FOR SALE
PET SHOP
Definitions. The following words and terms shall have the meanings
herein indicated for the purposes of the subsection:
Shall mean an animal control center or animal shelter, maintained
by or under contract with any state, county or municipality, whose
mission and practice is, in whole, or significant part, the rescue
and placement of animals in permanent homes or rescue organizations.
Shall mean any not-for-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 to sell, offer for sale or adoptions, 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 herein.
b.
Restrictions on the Sale of Dogs and Cats.
[Ord. No. 08-25]
No such kennel, pet shop, shelter or pound shall be located, operated or maintained, except as permitted in the Chapter 34, Development Regulations of the Borough of Matawan.
[Ord. No. 08-25]
The annual license fee for a kennel providing accommodations
for 10 or less dogs shall be $10 and for more than 10 dogs, $25. The
annual license fee for a pet shop shall be $10. No fee shall be charged
for a shelter or pound.
[Ord. No. 08-25]
The provisions of this chapter shall be enforced by the Matawan
Police Department and County Board of Health. Any person(s) who is
found to be in violation of the provisions of this chapter shall be
subject to a minimum fine of $100 per day with a maximum fine not
to exceed $1,000.
[Ord. No. 05-28 § BH:10-1]
As used in this section:
Shall mean that the pet solid waste is removed at once, without
delay.
Shall mean any person who shall possess, maintain, house
or harbor any pet or otherwise have custody of any pet, whether or
not the owner of such pet.
Shall mean a domesticated animal (other than a disability
assistance animal) kept for amusement or companionship.
Shall mean any waste matter expelled from the bowels of the
pet; excrement.
Shall mean the 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.
[1971 Code § 12-12; Ord. No. 05-28 § BH:10-5]
a.
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.
b.
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.
c.
The provisions of this section shall be enforced by the Property
Maintenance Officer of the Borough of Matawan.
d.
Any person(s) who violates any provision of this section shall be
subject, upon conviction, to a fine not to exceed $1,000.
[1971 Code § 14-7]
No person shall hunt, capture or kill any wild bird or animal,
either game or otherwise, of any kind or description within the Borough.
[Ord. No. 05-24 § BH:10-5-1]
An ordinance to prohibit the feeding of unconfined wildlife
in any public park or on any other property owned or operated by the
Borough of Matawan, so as to protect public health, safety and welfare,
and to prescribe penalties for failure to comply.
[Ord. No. 05-24 § BH:10-5-2]
As used in this section:
Shall mean to give, place, expose, distribute or scatter
any edible material with the intention of feeding, attracting or enticing
wildlife. Feeding does not include baiting in the legal taking of
fish and/or game.
Shall mean 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. 05-24 § BH:10-5-3]
No person shall feed, in any public park or on any other property
owned or operated by the Borough of Matawan, any wildlife, excluding
confined wildlife (for example, wildlife confined in zoos, parks or
rehabilitation centers, or unconfined wildlife at environmental education
centers).
[Ord. No. 05-24 § BH:10-5-4]
[Ord. No. 05-24 § BH:10-5-5]
Any person(s) who violates any provision of this section shall
be subject, upon conviction, to a fine not to exceed $1,000.
[Added 2-7-2023 by Ord.
No. 2023-01]
Any live vertebrate creature, including mammals, birds, reptiles,
amphibians and fish, but not humans.
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 N.J. 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 N.J. P.L. 1983,
c. 525, for a period of three years before January 17, 1987.
An individual or group of individuals who, with or without
salary or compensation, house and care for homeless animals in the
home of an individual or in other facilities, with the intent of placing
the animals in responsible, more permanent homes as soon as possible.
The home or other facility in which an animal rescue organization
houses and cares for an animal.
Any recognized, established facility or organization where
animals are received, housed and provided veterinary care (if required),
adopted out or otherwise transported to other recognized animal care
agencies; or any facility establishment where animals are received,
housed, and distributed to care agencies which the Borough has contracted
for such services but expressly does not include any pet store or
retail establishment that sells animals.
That an animal that is off the property of its owner and
(i) the animal has entered upon the property of another person without
authorization of that person, or (ii) the animal has entered onto
public property, street or right-of-way, unless that animal is restrained
by its owner, or a person caring for the animal on behalf of the owner,
with a physical control device, such that the animal is under the
physical control of the owner or person caring for the animal on behalf
of the owner.
A member of the species Felis catus.
Any cat which is not a community cat which has attained the
age of seven months or, if age cannot be determined, a cat which possesses
a set of permanent teeth.
Any free-roaming cat that may be cared for by one or more
persons that is located within the boundaries of the Borough of Matawan.
Community cats may or may not be feral or neutered.
Any person who, in accordance with a Community Cat Management/TNR
Program entered into with the Borough of Matawan to trap, neuter,
vaccinate for rabies, ear tip and return free-roaming cats or feral
cats:
A single community cat or a group of community cats that
congregate together outside as a unit. Although not every cat in a
colony may be feral, any non-feral cats that congregate with a colony
shall be deemed part of it.
The straight-line cutting of the tip of one ear of a cat
with a horizontal "V" while the cat is anesthetized and performed
by a veterinarian licensed by the State of New Jersey. Ear tipping
the left ear is the best and universally accepted practice; although
in the past cats may have been ear tipped on the right ear.
A cat that is unsocialized to humans and has a temperament
of extreme fear of, and resistance to, contact with humans. Feral
cats are included in the definition of "community cats" as community
cats may or may not be feral. Feral cats are:
Placement by an animal rescue organization of a cat or dog
with an individual or group that is not an animal rescue organization
for the purpose of temporarily caring for the cat or dog, without
the individual or group assuming ownership, and with the intent of
the individual or group relinquishing the cat or dog to the animal
rescue organization or a suitable owner when one is located. A foster
home may provide care to a cat or dog without the effect of the fostered
cat or dog counting toward a municipality's household pct limit
(should one exist); however, individuals or groups providing care
in a foster home must comply with all other provisions of this section.
The act of caring for and keeping an animal or the act of
providing a premise 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 10 days, whichever time
is shorter. Community cat caregivers do not harbor community cats
for the purposes of this section but are subject to the provisions
of the ordinance pertaining to community cats.
An electronic animal identification device that is inserted
into an animal, typically on the back between the shoulder blades,
by a veterinarian in accordance with professional medical standards.
Borough of Matawan
To neuter an animal means to have a licensed veterinarian
surgically sterilize the animal. For the purposes of this section,
neuter shall mean to neuter a male animal or spay a female animal.
Disturbing the peace by:
Habitual or continuous screaming or such other sounds made by
a cat that lasts in excess of 15 continuous minutes which results
in a serious annoyance to the hearer of the noise or continuous sound.
For the purpose of this section, "habitually" means occurring
on at least two separate occasions within a time period of one month;
except that the screaming habitually means making the sound persistently
or continuously for at least 15 minutes occurring at least three separate
times within a period of eight hours. For the purposes of this section,
"persistently" or "continuously" shall mean non-stop utterances for
30 consecutive minutes with interruption of less than 30 seconds at
a time.
Any person, household, firm, corporation, or other organization
who:
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 community cat caregiver is not an owner of community cats
for the purposes of this section but is subject to the provisions
pertaining to community cat caregivers.
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.
Adequate ability to reasonably manage the actions of the
animal to prevent the animal from engaging in biting, physical aggression
towards people or animals, straying, or being at-large or other behavior
regulated by this section or state law.
An establishment for the confinement of animals seized or
captured by a municipality or the agent of a municipality under the
provisions of this section, or otherwise.
A structure that is designed to protect cats in a reasonably
close location to the area where the colony is being fed. It will
be designed and built according to accepted designs with materials
that protects an animal from weather and is sufficiently ventilated
and insulated to provide refuge from precipitation, wind, extreme
temperature and direct sunlight; and
Is fully enclosed with sturdy materials on three sides, with
a fourth wall having an entranceway large enough to allow the animal
to enter and exit comfortably, but not so large as to allow all heat
to escape in cold temperatures; and
Has a solid, waterproof roof; and
Has a solid floor that does not sag under the animal's
weight; and
Has a door or flap covering the entranceway during temperatures
of 40° or below;
Is positioned at a sufficient elevation to prevent water from
running into the structure; and
Is small enough to retain the animal's body heat in cold
weather and large enough for the animal to stand, turn around and
lay down in comfortably; and
Is sturdy and structurally sound and in good repair; and
If it contains straw and such bedding, shall be clean and dry;
and
Is surrounded by an area that is clear of debris, feces, and
urine.
The materials that constitute the structure shall be periodically
replaced to ensure cleanliness and that the insulation is sufficient
for the needs of the colony.
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 establishment where dogs or other animals are received,
housed and distributed.
An individual or entity qualified and approved by the Board
of Health, if required. Borough Council to provide the services, and
undertake the responsibilities of a TNR Program Sponsor, as set forth
more fully in this section.
Any animal that is 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 multi-residential premises, and
that does not have identification tag and for which there is no identifiable
owner. The term "stray" shall not be applied to community cats managed
in accordance with this section.
Access to uncontaminated, palatable food, appropriate for
the species of animal, on a regular, ongoing basis in quantities sufficient
to maintain a regular body weight as determined by Purina Body Score
System or a veterinarian.
Access to clean, potable water on a regular, ongoing basis
in quantities sufficient to prevent the animal from experiencing dehydration.
Trap-Neuter-Return.
A program pursuant to which community feral and stray cats
are humanely trapped, spayed or neutered, vaccinated against rabies,
and returned to the location at which they were trapped. A cat may
receive a microchip as part of a TNR Program.
Any trap used to capture stray dogs or cats that is constructed
so that it does not harm the animal.
An individual who is licensed to engage in the practice of
veterinary medicine in the State of New Jersey.
[Added 2-7-2023 by Ord.
No. 2023-01]
a.
No person shall maintain, feed or keep a cat on private property
without the written consent of the owner. No cat shall be maintained
in a manner on any property that causes unsanitary conditions; infestation
of insects or rodents; or any physical condition that endanger the
health or safety of humans.
b.
Community cat colonies shall be permitted, and caregivers shall be
entitled to maintain them, in accordance with the terms and conditions
of this chapter.
[Added 2-7-2023 by Ord.
No. 2023-01]
a.
Owners of cats and caregivers of cat colonies shall provide the cat
(s) sufficient food; water; proper shelter and protection from weather;
veterinary care as needed; grooming as required to prevent suffering;
grooming as needed to prevent suffering; and other generally accepted
standards of humane care and treatment.
b.
The owner of a domesticated cat and caregivers of cat colonies shall
exercise reasonable care to prevent the cat from becoming a nuisance
as defined herein.
c.
The owner of a sexually intact (unneutered) domesticated cat shall
not permit his/her cat to roam unsupervised.
d.
An owner shall not abandon a domesticated animal in any private or
public place. Engaging in trap-neuter-return of feral cats in a manner
consistent with the tenets of this section shall not be considered
abandonment.
e.
An owner of a domesticated cat (or other animal) shall ensure that
the animal does not run or roam at-large.
[Added 2-7-2023 by Ord.
No. 2023-01]
a.
Matawan believes that the safest place for pet cats is indoors. Matawan
also recognizes that feral and community cats, as defined in this
section, are not, in the vast majority of cases, suitable to be taken
indoors as pets, and their home is outdoors. The Borough further recognizes
the need for innovation in addressing the issues presented by community
cats. To that end, Matawan finds that properly managed community cats
are part of the solution to reducing the numbers of feral cats in
the Borough of Matawan and the rate of euthanasia of cats in area
shelters.
b.
Community cat colonies shall be permitted in Matawan as part of a
Community Cat Management/TNR Program in accordance with the following
provisions:
1.
Community Cat Caregivers. Community cat caregivers must ensure community
cats are sterilized, vaccinated against the threat of rabies, and
ear tipped, and must cooperate with the municipality to abate any
nuisance.
2.
Location of Community Cat Colonies. All managed community cat colonies
must be maintained in compliance with trespassing and property laws.
3.
Requirements for exemptions from certain provisions of this section.
All cats that are part of an approved TNR/Community Cat Program pursuant
to this section must be sterilized, vaccinated against the threat
of rabies, and ear tipped for easy identification. If these requirements
are met the community cat is exempted from licensing, stray and at-large
provisions of this section and other ordinances.
4.
The provisions and terms of this section as it concerns community
cat colonies, and their protections, shall supersede any inconsistency
between the terms of the within section and the terms of any agreement
with the agency or entity that is contracted to administer the animal
welfare regulations of the Borough of Matawan; the inconsistent terms
of the Animal Control Service Agreement and/or Agreement on the administration
of the TNR Program in the Borough of Matawan.
[Added 2-7-2023 by Ord.
No. 2023-01]
a.
A person who is not a community cat caregivers as defined in this
section, or who is not an Animal Control Officer employed by the Matawan,
or a members of law enforcement, who traps a free-roaming cat(s) for
the purpose of providing medical attention to a sick or injured cat;
or for the purpose of TNR, shall notify the Matawan ACO within 24
hours of the trapping of the cat(s); who will thereupon take possession
of the cat. The ACO shall then make all reasonable efforts to determine
if the cat is privately owned or belongs to an existing colony. The
ACO or the contracted facility where the animal is taken shall contact
the owner or colony caregiver as soon as possible by documented phone
call or written notice. If the owner or community caretaker is unreachable
within a reasonable period, and the cat is in need of medical attention,
said treatment shall be provided without regard to contact the owner
or caregiver. Medically necessary decisions shall include the opinion
of a veterinarian that the cat is suffering and should be humanely
euthanized. All the costs of medical treatment provided to a privately
owned cat, inclusive of euthanasia, shall be the responsibility of
the owner.
b.
The ACO shall undertake all reasonable measures to determine if the
cat is privately owned or a member of an existing cat colony. The
ACO shall undertake all reasonable measures to notify the owner of
the cat, in writing, or the cat colony caregiver what medical and
other actions will be undertaken to safeguard the condition of the
cat. The ACO shall be authorized to undertake needed medical attention
on behalf of the cat if the owner and caregiver cannot be located
to assist the cat. All care expenses of a privately owned cat shall
be borne by the owner.
[Added 2-7-2023 by Ord.
No. 2023-01]
a.
An Animal Control Officer who has trapped a cat whose left ear has
been tipped or which bears some other distinguishing mark indicating
that it belongs to a feral cat colony shall transport the cat to contracted
municipal shelter, where the cat will be scanned of a microchip. If
a registered microchip is found, the registered owner or colony caregiver
will be contacted and advised the cat is located at the facility under
contract by the Borough to provide shelter services.
b.
The owner or colony caregiver shall be responsible for retrieving
the cat from the shelter facility within seven calendar days or advising
the shelter if the owner or caregiver does not intend to retrieve
the cat.
[Added 2-7-2023 by Ord.
No. 2023-01]
If a trapped community cat is suspected of being rabid, the
animal shall be immediately reported to the ACO and shall be quarantined,
observed, and otherwise handled and dealt with as appropriate for
an animal suspected of being rabid, or as required by the Department
of Health.
[Added 2-7-2023 by Ord.
No. 2023-01]
a.
The requirements of this section notwithstanding, animal control
officers may investigate any nuisance complaint. If an animal control
officer determines that an ear tipped community cat is causing a nuisance
as defined by this section, the animal control officer shall attempt
to contact the caregiver or owner. The caregiver or owner shall begin
nuisance abatement procedures within 48 hours and make all reasonable
efforts to resolve the nuisance in as short a time period as possible,
not to exceed 60 days. If the caregiver or owner fails to resolve
the nuisance, the animal control officer may remove the cat. If an
animal control officer removes a community cat, the facility contracted
by Matawan must notify the community cat caregiver and allow the caregiver
to retrieve the cat from the facility for adoption or relocation.
If an Animal Control Officer reasonably determines that a cat is injured
or poses a significant threat to public health, the officer may reduce
the time that the owner or caregiver has to resolve the complaint,
as necessary to protect the cat and public health, before taking further
action. In the case of an emergency, the Animal Control Officer may
remove the cat, but within 24 hours the Animal Control Officer must
provide the caregiver or owner with notice of the cat's whereabouts
and allow the caregiver or owner an opportunity to retrieve the cat
for treatment, return, or relocation.
b.
Factors to be considered during the nuisance abatement process shall
include:
[Added 2-7-2023 by Ord.
No. 2023-01]
Enforcement of Community Cat Management Initiative/TNR Program
of the Borough of Matawan shall have the following rights:
a.
The right to seize or remove cats from a colony which have not been
vaccinated against rabies and which are demonstrating signs of the
disease.
b.
The right to seize or remove a cat from a colony which is creating
a nuisance as defined in this section, after the community cat caregiver
has been given 60 days to abate the nuisance or remove and relocate
the cat and have failed to do so. The caregiver must begin nuisance
abatement procedures within 48 hours after being notified of a nuisance
by an Animal Control Officer and must take all reasonable steps to
resolve the nuisance in as short a time as possible, not to exceed
60 days.
[Added 2-7-2023 by Ord.
No. 2023-01]
It shall be unlawful and inhumane for any person to use inhumane
methods to capture dogs, fowl, cats or any other animal. The trapping
of any cat or any animal for any reason must meet the following requirements:
a.
Traps shall not be left unattended for more than two hours;
b.
Traps shall not be left set overnight;
c.
In no event shall a trap be placed directly in the sun during the
late spring or summer months. At no time shall a trap be left unattended
in temperatures above 65° F. or below 55° F., or in snow,
rain, or other extreme weather conditions.
d.
Traps used to capture cats or any animals shall be of the type that
is universally recognized as humane traps.
e.
Any person who is found to be in violation of the provisions of this
TNR Ordinance subsection for a trapping violation shall be subject
to a fine not to exceed $150 for each offense.
[Added 2-7-2023 by Ord.
No. 2023-01]
It shall be an offense under this section for any person having
temporary possession/custody of any cat under this provision to negligently
or intentionally permit a sterilized or unsterilized cat to run at
large. If the cat is trapped or retrieved while running at large,
the owner shall be responsible for the cat under the provisions of
this section.
[Added 2-7-2023 by Ord.
No. 2023-01]
A cat shall be considered exempt from these provisions if:
a.
The ear tipped cat is part of a Community Cat Management/TNR Program
in accordance with this section; or if the ear tipped cat is part
of a maintained colony but has not yet been trapped to be sterilized,
vaccinated or ear tipped; in which case those cats shall not be considered
cats roaming at large.
[Added 2-7-2023 by Ord.
No. 2023-01]
a.
No person shall desert or abandon any cat or other animal at any
public or private location, including at or in close proximity to
a known community cat colony location.
b.
The practice of TNR and the provision of care to a community cat
in accordance with the provisions of this section do not constitute
desertion or abandonment of the community cat. However, the placement
of a cat at a community cat colony by a person other than the community
cat caregiver, constitutes abandonment.
c.
Any person who is found to be in violation of the provisions of this
section shall be subject to a fine of $350 for a first offense. For
a second offense, the Court may impose a fine not less than $350 and
up to the sum of $700. The Court shall double the amount paid by an
offender for the second offense for a third offense.
d.
The fines set forth in this section are in addition to and are separate
from any fines that may be imposed by a Court for violations of defendants
charged for violation of the New Jersey Animal Cruelty Statute for
abandonment.
