The ordinance codified in this chapter shall be designated and
may be cited as the Town of Secaucus Animal Control and Protection
Ordinance.
It is hereby declared to be the public policy of the Town of
Secaucus to adopt and enforce those animal control measures deemed
necessary for the protection of the health, welfare and safety of
the residents and animals within Secaucus and to prevent damage to
property and cruelty to animals. To this end, it is the purpose of
the ordinance codified herein to provide a means of licensing dogs,
cats and facilities; to register animals other than dogs and cats
and to regulate animal behavior so that it will not constitute a nuisance;
to prevent or curtail inhumane treatment of animals; and to prevent
or curtail animal overpopulation.
Within the provisions of this chapter, the following definitions
shall apply:
To drop off or leave an animal on a street, road or highway,
or in a public place, or on the private property of another, or fail
to provide an animal adequate sustenance for a period of 48 hours.
The Town Clerk or any public or private establishment authorized
by the Town of Secaucus to issue pet licenses.
Shall hold the same meaning as "neutered."
Any member of the classes reptile, amphibian, arachnid, bird,
fish or nonhuman mammal.
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 and the Police Training Commission as prescribed
by paragraphs (1) through (3) of subsection a of section 3 of P.L.
1983, C. 525 (C. 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 P.L. 1983, c. 525 for a period of three years
before January 17, 1987.
A facility which is used to temporarily house or contain
stray, homeless, abandoned or unwanted animals, for a period of time
not to exceed six months, and which is owned, operated or maintained
by a public body, an established humane society, animal welfare society,
society for the prevention of cruelty to animals, or other nonprofit
organization devoted to the welfare, protection, and humane treatment
of animals.
Off the premises or outside the vehicle of the owner or keeper
of the animal and not under restraint by a leash, tether or other
physical control device.
A local population of three or more strays, abandoned or
feral cats living in a specific location and using a common food source
such as food from trash cans or from humans.
A person who cares for colony cats on a daily basis at an
established feeding and shelter location.
A dog who has attained the age of seven months or possesses
a permanent set of teeth.
[Added 12-13-2022 by Ord. No. 2022-33]
Any animal other than livestock that lives and breeds in
a tame condition. For the purposes of this chapter, this generally
refers to dogs and cats.
Electronic animal identification device.
The surgical removal of the top 1/4 inch of the left ear
of a feral or unclaimed free-roaming cat to indicate the animal has
been neutered and vaccinated to prevent the contraction and transmission
of rabies.
Any member of the animal kingdom which is not commonly domesticated
or which is not common to North America, or which, irrespective of
geographic origin, is of a wild or predatory nature, or any animal
except livestock and domesticated animals which due to size, habits,
natural propensities, instinct, handling or training presents a danger
or potential danger to human beings, animals or property if not kept,
maintained or confined in a safe and secure manner.
Any person who provides food and water on a regular basis
to cats in a managed colony.
Any animal, which has escaped domestication and becomes wild,
or, the offspring of outdoor intact domestic animals owned or abandoned.
Any cat existing in a wild or untamed state or having returned
to an untamed state from domestication. Evidence of a feral cat includes
but is not limited to poor socialization preventing the cat to be
handled.
Any place of business (stationary or mobile) where animals
are bathed, clipped, dipped or combed, or otherwise services for valuable
consideration for the purpose of enhancing their aesthetic value.
Any type of dog specifically trained and used for the purpose
of defending, patrolling or protecting property or life. The term
"guard dog" shall exclude police dogs and dogs used primarily for
handling and controlling livestock or farm animals.
Any person, including an owner, who provides animals with
food, water and general care.
A prenumbered identification tag acquired by the owner from
an authorized agent for a specific pet animal. Rabies identification
or other identification may not be substituted or accepted in lieu
of a license.
Any person licensed to practice veterinary medicine in the
State of New Jersey.
An EAID.
To surgically render an animal incapable of reproduction.
Any person(s), firm, corporation, organization, or department
possessing, harboring, keeping, having an interest in, or having control,
custody or possession of an animal on a permanent basis. Owner shall
not include a person or entity who is temporarily possessing, harboring,
keeping, having an interest in, or having control, custody or possession
of feral or stray cats or dogs in connection with TNR or TRR.
Any individual, firm, partnership, corporation, trust or
association of persons.
Shall hold the same meaning as "domestic animal."
A dog used by a law enforcement agency and specially trained
for law enforcement work.
The keeping of a biting animal or the suspected biting animal
separate and apart from other animals and people for a period of at
least 10 days.
A safe place where animals can have a permanent home similar
to their usual and accustomed environment, where nutritional and medical
needs can be addressed and they are free from disturbance by predators
and other animals. A sanctuary must be designated by virtue of a zoning
ordinance.
A properly trained dog certified by a licensed training facility
that has an expertise in training dogs for physically impaired persons.
Shall hold the same meaning as "neuter."
Any dog or cat wandering or roaming without an apparent owner
or home, who displays behaviors of once having had close human companionship.
A specific program designed to manage feral and unclaimed
cat populations through neutering and then returning the animal to
the point of capture.
A specific program or act intended to manage feral cats and/or
dogs through neutering and relocating to a colony, sanctuary, or other
suitable environment.
Shall hold the same meaning as "exotic animal."
[Amended 12-13-2022 by Ord. No. 2022-33]
It is unlawful for any person to keep or maintain a dog of licensing
age within the town without obtaining and retaining a license as required
by this chapter. Licenses for dogs shall be renewed annually. A serially
numbered metal license tag provided by the town shall be securely
affixed to a collar and worn by the animal or an EAID shall be implanted
in the animal when away from the owner's premises; provided, that
dogs, while kept in a commercial kennel or cattery, pet shop, veterinary
clinic, grooming parlor, or in the animal shelter designated as the
custodian of animals impounded under this chapter, or in connection
with a TNR program, shall be exempt from this license requirement;
provided, any person who newly acquires an unlicensed dog of licensing
age, shall have 10 days within which to obtain the license required
by this chapter, or acquires a license in another state shall have
90 days within which to obtain the license required by this chapter.
[Amended 12-13-2022 by Ord. No. 2022-33]
A town resident may register any domestic animal legally allowed under this title other than a dog upon completion of an application and payment of a pet registration fee, in accordance with § 67-9.
[Amended 12-13-2022 by Ord. No. 2022-33]
The Seacaucus Department of Health or their designee shall be
responsible for issuance of town animal licenses and tags and for
the registration of other animals.
[Amended 12-13-2022 by Ord. No. 2022-33]
Owner applying for a license for a dog or for registration of
another domestic animal shall submit the following information:
A.
The name, address and telephone number of the legal owner of the
animal;
B.
The name, address and telephone number of the person having custody
of the animal, if other than the legal owner;
C.
The name, age, breed, color, sex, distinguishing features, markings
or tattoos of the animal, and, in the case of dogs or cats, whether
the animal has been neutered;
D.
In the case of cats of questionable breed, they shall be recorded
as domestic short hair, domestic medium hair, or domestic long hair,
as appropriate;
E.
The address of the property at which the animal is ordinarily kept
or maintained;
F.
A certificate of a veterinarian indicating the dog or cat has current
rabies immunization that extends through at least the first 10 months
of the twelve-month licensing period, or an exemption pursuant to
N.J.A.C. 8:23A-4.3;
G.
A certificate of a veterinarian indicating the dog or cat has been
neutered, if claiming so;
H.
EAID information, if applicable;
I.
Whether
the animal has been surgically debarked or silenced.
[Amended 12-13-2022 by Ord. No. 2022-33]
A record of all animal licenses, pet registrations, and their
accompanying applications and any supporting certifications shall
be maintained by the Department of Health, Town Clerk or their designee.
[Amended 2-12-08 by Ord. No. 2008-3; 2-8-11 by Ord. No. 2011-1; 12-13-2022 by Ord. No. 2022-33]
A.
A license
for dogs shall be renewed annually by the owner. Registration tags
and renewals shall expire no later than June 30 in the year stated
on the license. The license and registration tag fee shall be prorated
for any license and registration tag which is valid for longer than
12 months. All licenses are nontransferable. License fees are as follows:
B.
A license
for a cat or other domestic animal, other than a dog, can be renewed
annually by the owner. Registration tags and renewals shall expire
no later than June 30 in the year stated on the license. The license
and registration tag fee shall be prorated for any license and registration
tag which is valid for longer than 12 months. All licenses are nontransferable.
License fees are as follows:
[1]
Editor's Note: Former § 67-10, Dog and cat license
– Late penalty, was repealed 12-13-2022 by Ord. No. 2022-33.
[Amended 12-13-2022 by Ord. No. 2022-33]
Upon proper application and upon payment of applicable fees,
if any, by the owner or person having the custody and control of any
dog or cat, the attending employee shall issue to such owner a serially
numbered round metal identification tag for such animal and such owner
shall ensure that the tag thereafter is securely affixed to a substantial
collar or harness to be worn by the dog or cat at all times except
when the animal is securely confined within a residence or enclosure
or is being displayed in an exhibition. With respect to a dog an electronic
animal identification device may be implanted in addition to, but
not in place of, the serially numbered tag.
No person shall own or keep within the town more than three
dogs of licensing age but may own or keep any number of cats of licensing
age, to a maximum of six total cats and dogs of licensing age; except,
that any person intending to own or keep more than three dogs or more
than six total cats and dogs of licensing age, as referred to in this
section, shall do so only as a properly licensed commercial kennel,
cattery, veterinary clinic or similar use or participants in a TNR
or TRR program.
In addition to the pet limitations outlined in Section 67-12, above, any person, due to unforeseen or emergency circumstances, may temporarily shelter a total of two additional cats and dogs in any combination of cats and/or dogs for up to six months. Such animals shall be disclosed to the Animal Control Officer and licensed as any other animal covered under this chapter.
Guard dog owners and guard dog services shall register all dogs used within the town, regardless of owner address. In addition to information required by Section 67-7, above, the registration shall include:
B.
Guard dogs, newly acquired by owners or guard dog services, shall
be vaccinated against rabies and registered with the town no later
than 10 days from acquisition and in no case shall such animal be
placed in service prior to vaccination.
C.
Guard dogs shall be registered annually with the town for a $21 fee
plus state fees, if any.
D.
Each guard dog shall have an implanted EAID readable by the town's
equipment.
E.
The escape or disappearance of a guard dog shall be reported immediately
to the town.
F.
It shall be a condition of registration that Animal Control Officers
shall at any reasonable time have the right to enter the premises
and inspect all animal health records, dogs, and kennels housing guard
dogs and other premises where such dogs are kept.
G.
The vehicle of every guard dog service transporting any guard dog
must be clearly marked, showing that it is transporting an aggressive
dog. A compartment separate from the driver is required and shall
be arranged to ensure maximum ventilation for the animal. No guard
dog shall be transported in the trunk of a car or on an open bed truck.
H.
Each business which hires or uses a guard dog to patrol the premises
after business hours shall provide adequate fencing or some other
confining structure to keep the guard dog within the enclosed area.
I.
Each business which hires or uses a guard dog that is present during
business hours shall have the dog confined in such a manner so as
not to pose a danger to the public. Confinement shall, at a minimum,
prevent deliberate or inadvertent physical contact by the public.
J.
At each entry point and at each 50-foot interval along the fence
perimeter, if applicable, a sign shall be posted including the words
"Guard Dog" in three inch letters. All entry points shall be double-gated.
K.
Entry points shall have a sign posted with the telephone number of
the dog's handler and/or owner in case of an emergency.
L.
Dogs used for guarding businesses shall be given a humane existence,
including adequate shelter, food, water and exercise. Dogs confined
to a cage or kennel shall be able to stand freely and turn without
restriction and shall be permitted daily exercise for an appropriate
length of time, as determined by their size and age in a yard or other
area suitable for that purpose.
M.
No dog which has been declared a dangerous dog by the town shall
be used as a guard dog.
It is unlawful for any owner of any animal to permit such animal
to be at large upon the private property of another within the town
except with the permission of the owner or custodian of such private
property.
It is unlawful for the owner of any dog to allow such animal
to roam, stray or be away from the premises of the owner, or to be
in or on any public place or property unless such animal is physically
controlled by the owner or other competent and authorized person by
means of a physical control device, including a leash or carrying
cage; except, that in a public place, no physical control device is
required while the animal is present within the boundaries of a town-owned
or sanctioned off-leash dog park or while participating in an organized
exhibition or training session; provided, that the control device
requirements of this section shall not apply to a police dog while
in the performance of a law enforcement function.
Every female dog in season shall be confined in a well ventilated
and adequately sized closed structure so that the dog cannot come
into contact with an intact male dog except for planned breeding.
It is unlawful for any owner to cause or allow to originate
from the property frequent, repetitive, or continuous howling, barking,
or other noises made by any animal covered by this chapter which disturbs
the peace and quiet of the surrounding area. Sounds made in pet shops,
veterinary clinics, grooming parlors, commercial kennels and catteries
licensed under this chapter, shall be exempt under this subsection;
provided, however, that it is an affirmative defense under this subsection
that the animal was intentionally provoked to bark or make any other
noise by the injured person or any other person; provided, that the
enactment of this provision shall in no way nullify any other provision
of the Municipal Code concerning animal noise.
A.
It is unlawful for the owner of any dog or other animal, either willfully
or by failure to exercise due care, to permit such animal to commit
a public nuisance by defecating upon private property without the
permission of the owner or custodian thereof, upon the public sidewalk,
in or upon any public street or any other public place. It shall be
a defense to a charge under this section that the owner of the animal
possessed the appropriate device for removal of waste and did immediately
remove and properly dispose of the waste; provided, that this subsection
shall not apply to a person whose visual or physical condition is
an impediment to compliance with this subsection.
B.
It is unlawful for any owner to allow waste to accumulate on said
owner's property to the extent that neighbors are adversely affected
by odor or runoff.
It shall be unlawful for an owner to:
A.
Permit an animal to chase, run after or jump at vehicles lawfully
using the public streets, alleys and ways;
B.
Permit any animal to trespass on public or private property so as
to damage or destroy any lawn, garden, or other property or thing
of value;
C.
Any animal causing an owner to be in violation of any of the provisions
of this section is declared to be a public nuisance and may be immediately
seized and impounded;
D.
It shall be a defense to a charge under this section that the animal
which chased, jumped, trespassed or damaged property had been intentionally
provoked to perform the nuisance or destructive behavior by a person
other than the animal's owner or keeper.
Any animal suffering from serious injury or disease as determined
by a licensed veterinarian may be humanely destroyed by the impounding
authority with the assistance of the licensed veterinarian, provided,
that the impounding authority shall make reasonable effort to locate
and notify the owner prior to destroying the animal by searching licensing
records and attempting telephone contact with the owner, if known.
If any dangerous, vicious, or predatory animal or any animal
known to have rabies cannot be safely taken up and impounded, such
animal may be immediately destroyed by an Animal Control Officer.
A.
When any cat, dog or ferret has bitten or attacked any person, it
shall be immediately reported to the Animal Control Officer. Bites
occurring in a veterinary hospital or clinic, are not subject to mandatory
reporting to the Animal Control Officer; however, this does not relieve
the owner of reporting requirements of the Board of Health.
B.
It is unlawful for the owner of any animal, when notified that such
animal has bitten any person or has injured any person such as to
cause an abrasion of the skin, to sell or give away such animal or
permit such animal to be taken beyond the limits of the town except
to a veterinary hospital. It shall be the duty of such owner upon
receiving such notice of the animal's injurious acts to immediately
place such animal in a duly licensed veterinary hospital for confinement
for a period of at least 10 days or to deliver such animal to an Animal
Control Officer for such placement or similar confinement. No person
shall release or remove any animal from its place of confinement to
another place without the consent of and upon the conditions imposed
by the Animal Control Officer. Upon authorization of the Animal Control
Officer, an animal may be released from confinement to the custody
of its owner upon the owner's undertaking to keep the same confined
to the premises of the owner and segregated from other animals during
such observation period.
C.
In the event that the officer has reason to suspect that the animal
is rabid, the appropriate officials of the local, County or State
Health Department shall be notified and the officer shall coordinate
any further activities with such department. The Health Department
shall have jurisdiction over any matter possibly involving rabies.
N.J.S.A. 26:4-78, et seq., together with amendments thereto, are incorporated
in this chapter by reference and prevail over any conflicting provision
of this chapter in any suspected rabies matter.
D.
It shall be a violation of this chapter for any owner or keeper to
whom an order of rabies quarantine is issued to knowingly, recklessly
or with criminal negligence permit the order of rabies quarantine
to be broken. Should the order of quarantine be broken, the animal
may be impounded and held by the town at the owner's, and/or keeper's
expense for the remainder of the quarantine period.
E.
No person shall refuse to surrender any animal for quarantine when
demand is made by order of an Animal Control Officer.
F.
Redemption of the animal is subject to payment of any fees allowable
under this chapter.
G.
Any person refusing or failing to comply with the provisions of this
section or with the order or directives of an Animal Control Officer
relating thereto shall be guilty of a misdemeanor and shall be punishable
by the laws of the state and this chapter.
H.
A publicly owned police dog with a current rabies vaccination shall
be exempt from quarantine unless ordered by the Health Officer.
All persons seeking to license a dog or cat, or to register
a ferret, shall be required to show proof of current rabies vaccination
from a licensed veterinarian prior to registration and said vaccination
shall be kept current as long as the animal remains in the town. A
durable and traceable rabies tag provided by the veterinarian shall
be securely affixed to a collar and worn by the animal when outside
or away from the owner's home or other enclosure.
It is unlawful for any person within the town to intentionally,
knowingly, recklessly or with criminal negligence commit, singly or
together, any of the following acts or omissions or to aid or abet
another person in the commission of such acts or omissions, which
are deemed to constitute cruel treatment of animals:
A.
To cause or allow any animal to endure pain, suffering, injury or
to fail or neglect to aid or attempt to alleviate pain, suffering
or injury which the person has caused to any animal. Such aid shall
include provision of needed veterinary care;
B.
To fail to provide minimum care to any animal within the person's
care, custody or control; for the purpose of this section, "minimum
care" means care sufficient to preserve the health and well-being
of an animal and except for emergencies or circumstances beyond reasonable
the reasonable control of the owner or keeper, includes, but is not
limited to, the following requirements:
(1)
In each period of 24 consecutive hours, to provide food of sufficient
quantity and quality to allow for normal growth or maintenance of
body weight;
(2)
In each of 24 consecutive hours, to provide open or adequate access
to potable water in sufficient quantity to satisfy the animal's needs.
Neither ice nor snow is an adequate water source;
(3)
In the case of domestic animals, to provide a barn, dog house or
other enclosed structure sufficient to protect the animal from wind,
rain, snow or sun, and which has adequate bedding to protect against
cold or dampness;
(4)
To provide veterinary care deemed necessary by a reasonable prudent
person to relieve distress from injury, neglect or disease;
(5)
No domestic animal shall be confined to an area without adequate
space for exercise necessary for the health of the animal or which
does not allow access to a dry place for the animal to rest. The air
temperature in a confinement area must be suitable for the animal
involved. Confinement areas must be kept reasonably clean and free
from excess mud, waste or other contaminants which could affect the
animal's health;
C.
To tether, confine or restrain any animal in such a way as to permit
said animal to become frequently entangled in such tether, or to render
such animal entangled in such tether, or to render such animal incapable
of consuming food or water or of using shelter provided for it, while
at the same time allowing adequate space for freedom or movement;
D.
To abandon any animal by dropping off or leaving such animal on a
street, road or highway, or in a public place, or on the private property
of another person except in connection with a TNR program;
E.
To confine an animal within or on a motor vehicle or other structure
or enclosure at any location when unattended and under such circumstances
as may endanger the health and well-being of the animal. Such conditions
include, but are not limited to, dangerous temperature, lack of food
or water and confinement with a vicious animal;
F.
To transport or confine any living animal on the outside part of
a motor vehicle except where attached to the vehicle by a suitable
harness, leash, cage or other enclosure that protects the animal from
falling or being thrown therefrom and which prevents the animal from
leaving the vehicle while unattended. The outer part of the vehicle
includes the running board, fender or hood of any motor vehicle or
the flat bed of a truck and/or the open portion (bed) of a pickup
truck;
G.
To place any food, drink or other substance of any description containing
poisonous or other injurious ingredients in any area reasonably likely
to be accessible to domestic animals. Care shall be taken to avoid
open containers or spills of antifreeze or other toxic substances;
H.
To knowingly and intentionally, whether for amusement of self or
others, or for financial gain, cause any animal to fight or injure
any other animal, cause it to be fought or be injured by any animal
or to train or keep for the purpose of training any animal with the
intent that the animal shall be exhibited combatively with any other
animal. Anyone who permits such conduct on premises under that person's
control, and any person present as a spectator at that exhibition,
shall be considered a violator of this subsection;
I.
To sell or offer for sale or to give away any living baby rabbits,
chicks, ducklings or other fowl which have been dyed, colored or otherwise
treated so as to have an artificial color; provided, that this shall
not prohibit the sale or display of natural baby rabbits, chicks,
ducklings or other fowl in proper brooder facilities or stores engaged
in selling them for commercial purposes;
J.
To abandon or transfer to another person by gift, sale or exchange
for consideration, any animal in or upon any sidewalk, street, alley,
lane, public right-of-way, park or any other public property except
when the transfer takes place to a sale conducted by a public body
or public officer, when the transfer takes place at an animal show
or exhibition conducted by or for persons who regularly engage in
the practice of breeding animals for show or exhibition, or when one
of the parties to the transfer is a member of an animal welfare organization
and is acting on behalf of the animal welfare organization.
In any prosecution of animal cruelty other than in the first
degree, it shall be an affirmative defense, if established by the
defendant by a preponderance of the evidence that the defendant's
failure was due to economic distress beyond the defendant's control.
Any person while operating a motor vehicle strikes a domestic
animal shall stop at the first safe opportunity, and immediately report
such injury or death to the animal's owner or to a town Animal Control
Officer or police officer. This section shall not be construed as
requiring the person striking the animal with a motor vehicle to be
financially responsible for the injury or death of the animal.
It is the duty of any person who takes a stray animal, as defined
in this chapter, into his or her possession to notify the town Animal
Control Officer at once, and to release such animal to said officer
upon demand and without charge. The intent of this section shall be
satisfied by providing a telephonic or electronic message when notification
occurs after business hours.
It shall be unlawful for any person to deliver, sell, offer
or give any live animal for scientific experimentation which involves
any cruel or inhumane treatment. It shall be unlawful for any person
to conduct scientific experimentation on live animals which involves
any cruel or inhumane treatment.
It shall be unlawful for any person whether for profit, nonprofit,
charity or any other purpose to offer an animal as a prize in response
to participation in a game, contest, drawing of chance or any other
similar event; provided, it shall not be unlawful for a nonprofit
organization to offer for sale an animal at auction wherein there
is a willing seller and buyer.
All police dogs owned by a public law enforcement agency and
being used for duty or training shall be exempt from all provisions
of the code relating to animal control. If a police dog is voluntarily
quarantined, such dog will be remanded to the control of its agency.
A.
No person shall possess within the town any of the following animals:
(1)
All nonhuman primates;
(2)
All wild cats of the family Felidae and their hybrids, except for
the domestic cat Felis catus;
(3)
All species of bear;
(4)
All wild carnivores of the family Canidae and their hybrid, except
for the domestic dog Canis familiaris;
(5)
Venomous reptiles, fish, amphibians and arachnids;
(6)
Any constrictor snake of six feet or more in length;
(7)
All members of alligator, crocodile and caiman families.
B.
It is unlawful for any person to bring into the town to keep or harbor
within the town any wild or exotic animal, other than those prohibited
above, unless the animal has been properly registered with the town
and fees required by this chapter have been paid. An exotic animal
registration application, to include a photograph of the animal, shall
be completed and a fee of $100 per animal shall be paid at the time
of registration. An exotic animal registration is nontransferable.
The Animal Control Officer shall inspect the quarters where the animal
is intended to be contained. Registration shall not be allowed and
the animal shall not be brought into the town or retained in the town
if, in the judgment of the Animal Control Officer, the quarters intended
for the animal are inadequate to safely and humanely contain the animal.
If registration is allowed, the quarters where an exotic animal is
kept shall be subject to inspection at any reasonable time by the
Animal Control Officer or police officer. If an exotic animal escapes
or if it appears from such inspection or otherwise that an exotic
animal might escape, an order may be given by an Animal Control Officer
or police officer that such quarters be immediately repaired or improved
and, if this is not done, the animal may be impounded and held at
the owner's expense until such repairs or improvements are made. The
town may move to destroy or adopt the animal if not claimed within
72 hours. An aggrieved owner or keeper may request a hearing pursuant
to prior to any action by the town. It is the duty of any person or
keeper with an exotic animal registered under this section to at all
times keep convenient to the quarters all appropriate equipment necessary
to recapture such animal should it escape.
C.
Any person licensed to sell exotic animals other than those prohibited by Subsection A of this section shall within 24 hours of the time of sale place in the mail to the Police Department a statement indicating the type of animal sold, name of the purchaser, address and telephone number of the purchaser, and address of the property or residence where the animal will primarily be kept.
D.
All persons who possess any of the animals listed in Subsection A of this section as of the effective date of the ordinance codified in this chapter[1] shall register said animals with the Police Department within 10 days of the ordinance's effective date. The Animal Control Officer shall specify the conditions under which the animal must be kept while the owner arranges to remove the animal from the town. Removal must occur within 30 days of registration. Failure to timely register, comply with the conditions of registration or remove an exotic animal listed in subsection A of this section shall constitute a violation of this chapter.
[1]
Editor's Note: Ordinance No. 2007-23, codified herein was
adopted June 26, 2007.
E.
The provisions of this section shall not apply to wild or exotic animals listed in Subsection A of this section when such animals are safely and continuously contained during uninterrupted transport through the town or to a veterinary hospital within the town.
F.
The provisions of this section shall not apply to raptors possessed
under official state or federal authorization.
It shall be the jurisdiction of the Police Department to enforce
any provisions of this chapter or of any other town ordinance or state
law relating to animal welfare, cruelty and animal control by any
lawful means including, but not limited to arrest, the issuance of
criminal citation, notice of civil infraction, order to abate, or
issuance of warnings.
The Animal Control Officer is authorized to take such lawful
actions as may be required to enforce the provisions of this chapter
and other town ordinances relating to animal welfare, cruelty prevention
and animal control. The Animal Control Officer, while pursuing any
animal observed by such officer to be in violation of this chapter
or being treated cruelly in violation of this chapter, may enter upon
public or private property, for the purposes of enforcing the code
provision violated; provided, that entry into a building designated
for and used for private purposes may be accomplished only with the
consent of the owner or lawful occupant of said premises or upon the
issuance of a proper search or arrest warrant.
It is unlawful for any person, without lawful reason, to knowingly
hinder, resist, delay or obstruct any Animal Control Officer or police
officer in the performance of their duties under this chapter. Obstruction
of an Animal Control Officer or police officer is a misdemeanor, punishable
by a fine not in excess of $2,500 for each violation and/or imprisonment
for not more than six months.
A.
It is expressly the purpose of this chapter to provide for and promote
the health, safety and welfare of the general public and not to create
or otherwise establish or designate any particular class or group
of persons who will or should be especially protected or benefited
by the terms of this chapter. It is the specific intent of this chapter
that neither provision nor any term used in this chapter is intended
to impose any duty whatsoever upon the town or any of its officers,
employees, agents, or volunteers, for whom the implementation and
enforcement of this chapter shall be discretionary and not mandatory.
B.
Nothing contained in this chapter is intended nor shall be construed
to create or form the basis of any liability on the part of the town
or its officers, employees, volunteers, or agents, for any injury
or damage resulting from any action or inaction on the part of the
town related in any manner to the enforcement of this chapter by its
officers, employees, volunteers or agents. Any and all liability and
consequential damage resulting from any official performing the functions
of an Animal Control Officer and enforcement of this chapter is hereby
disclaimed and governmental immunity as provided by law is retained.
Any owner or keeper aggrieved as the result of an impoundment,
condition for redemption, or deprivation pursuant to the provisions
of this chapter, may request a hearing before the Municipal Court
Judge to determine the justification of such classification, or the
requirements imposed as a condition of redeeming the animal, per impoundment,
or any determination, that the animal has been cruelly treated, neglected
or abandoned. In the event the court confirms the classification and/or
requirements, or determination that the animal has been cruelly treated,
neglected or abandoned, the owner or keeper shall pay the costs of
such hearing including the filing fee and the fees for witnesses called
in support of the official action.
A presumption of ownership shall exist if a stray animal is
kept, sheltered, fed or harbored for more than five consecutive days
(120 hours); provided, that a cat colony caretaker or TNR or TRR feeder,
shall not be deemed an owner when providing daily care for colony
animals.
In addition to any other legal remedies available under the
provisions of this chapter, an Animal Control Officer may order and
direct in writing delivered by regular mail to the last known address
of the owner or keeper of the animal or by personal service to the
owner or keeper of any animal which is the subject of more than three
criminal citations, notices of civil infraction or any combination
of the same within any 12-month period to abate and remove such animal
from the town within seven days from the date of service of the order
or the tenth day from the date of mailing the order to abate the habitual
violator. Such order to abate the habitual violator shall:
A.
State that a hearing in the Municipal Court may be requested appealing the order and the method of appealing as provided for in Section 67-36 above.
B.
That if no hearing is requested within seven days of the date of
mailing order or date of service of the order the owner or keeper
must abate and remove the animal from the town.
C.
Bear the notation that any appeal must be filed before closure of
the seventh day following the date of mailing or service of the order.
D.
Clearly state and identify the grounds of which the animal has been
declared a habitual violator.
E.
Clearly identify the animal which has been declared a habitual violator
identifying such animal by species and breed, coloring and markings,
age, gender, and name when such information is available.
If such animal is found to be kept in violation of the order
after 10 days have elapsed from the date of mailing or seven days
have elapsed from the date of service of the order, or the date and
hour of affirmance of such order if a timely appeal is filed, such
animal may be abated and removed by impoundment by an Animal Control
Officer, subject to all impoundment and redemption procedures; provided,
however, such animal may not be returned to the residence or property
from which it was impounded or resided.
A.
An Animal Control Officer may apprehend any animal committing or
involved in any acts in violation of this chapter or in any other
ordinance or which is being subjected to cruel treatment as defined
in this chapter. After such an animal is apprehended, the Animal Control
Officer shall determine whether the animal is licensed, registered
or otherwise identifiable, and may return the animal to its owner,
or if the Animal Control Officer finds it necessary for the protection
of the animal or of the public to keep the animal in custody, the
Animal Control Officer shall notify the owner of the animal within
a reasonable time by telephone, regular mail, personal contact or
by posting at the residence of the owner that the animal has been
impounded, the reasons therefor, and whether and/or how it may be
redeemed.
B.
Any animal not displaying a traceable license tag or other form of
identification impounded pursuant to this chapter shall be held for
its owner at least 72 hours commencing with the apprehension.
C.
Any animal displaying a traceable license, tag or other form of identification
impounded pursuant to this chapter shall be held for its owner at
least 120 hours commencing with notification.
D.
All impound periods shall continue to run, during nonbusiness hours,
weekends and holidays.
E.
The Animal Control Officer or the staff of a town-designated animal
shelter may cause to have provided necessary vaccinations against
contagious diseases to any impounded animals.
F.
Any impounded animal not redeemed by its owner during the prescribed
period, or which is suffering from a serious injury or disease as
determined by the Animal Control Officer or the person in charge of
a town- designated animal shelter, may be humanely destroyed. Any
impounded animal not redeemed by its owner during the prescribed period
may be made available for adoption or, in the discretion of such custodian,
may be held for a longer period. Redemption of an impounded animal
by its owner or adoption by any other person, after being held for
the prescribed period, may be conditioned upon payment of reasonable
medical fees, licensing and registration fees if the animal is not
registered, impound and holding costs, and any other chargeable fees.
G.
Any dog or cat impounded by the Animal Control Officer and made available
for adoption by the town-designated animal shelter shall be neutered
prior to adoption. Except, that an animal deemed by a licensed veterinarian
to be suffering any condition making it unsuitable for neutering,
may be stayed such procedure until conditions improve. Expenses of
neutering shall not be borne by the town.
H.
No live animal impounded pursuant to this chapter shall be used,
donated or sold for experimentation purposes.
I.
The owner of any animal impounded pursuant to the provisions of this chapter may redeem the animal according to the procedures set out in this chapter; provided, that subject to the appeal procedures of this chapter, redemption may be denied to an owner who has cruelly treated an animal as defined in this chapter or to an owner of an animal believed to have engaged in nuisance or destructive behavior as defined in Section 67-20; and provided, that such owner file the appeal from a denial of redemption with the Municipal Court before closure of such office on the seventh business day following service of the notice of the denial. If service by mail, service shall be deemed complete upon the third day following the day upon which notice is placed in the mail.
J.
Animals delivered for impoundment by Animal Control Officers or police
officers that have been removed from the possession of persons detained
or incarcerated for a crime shall be held for not less than 120 hours.
An impoundment receipt shall be left with the detained person's possessions
along with instructions for redemption. The receipt shall serve as
the notice to the owner required by this chapter. An officer should
make a reasonable attempt to place the animal with a responsible person,
family member of the detained person, or animal rescue service; however,
failure to successfully place the animal shall not relieve the animal
owner from the responsibility for all reasonable fees associated with
impoundment.
The Police Department and town designated animal shelter shall
maintain a register of all animals impounded pursuant to this chapter
and such register shall show:
A.
The identification tag number and EAID, if any;
B.
Species and breed of the animal;
C.
Description by coloring and markings;
D.
Time and date of impoundment;
E.
Name of person impounding the animal;
F.
Area in which the animal was picked up;
G.
Method and time of notifying the owner, if known, of redemption procedures;
H.
Final disposition of the animal;
I.
Date and time of disposition.
The Mayor and Council may, pursuant to contract for animal shelter
services, designate one or more custodians of animals impounded pursuant
to this chapter. The designated animal custodian(s) shall follow the
provisions of this chapter and other town ordinances relating to animal
control and shall be subject to all terms and conditions of such ordinances
and to the terms and conditions of the contracts which have been or
in the future will be executed with the town. Nothing in this section
shall prevent the town from obtaining all or any part of animal related
services from its own employees and facilities.
Any animal impounded pursuant to the provisions of this chapter
or other town animal control ordinances may be redeemed upon payment
by its owner of all redemption fees as set out below and upon evidence
satisfactory to the Animal Control Officer or shelter that the violation
has been corrected or by order of the court following an appeal and
hearing as set out in this chapter. Redemption fees may include the
following:
A.
Actual boarding costs for the animal;
B.
Actual cost of quarantine, if applicable;
C.
Emergency medical expenses due to illness, disease, or injury;
D.
Distrain fee of $20;
E.
Licensing $5 late fee, if applicable.
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All redemption fees are the obligation of the owner even if
the animal is implicitly abandoned or expressed relinquished.
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