Township of West Orange, NJ
Essex County
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Table of Contents
Table of Contents
[1972 Code § 9-1; Ord. No. 328-74 § 1]
As used in this chapter:
DOG
Shall mean any dog, bitch or spayed bitch.
DOG OF LICENSING AGE
Shall mean any dog which has attained the age of seven months or which possesses a set of permanent teeth.
KEEPER
Shall mean any person exercising control over a dog or permitting a dog to remain on premises under his control.
KENNEL
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.
OWNER
When applied to the proprietorship of a dog shall mean and include every person having a right of property in such dog and every person who has such dog in his keeping.
PET SHOP
Shall mean any room or group of rooms, cage or exhibition pen, not part of a kennel, wherein dogs for sale are kept or displayed.
POUND
Shall mean an establishment for the confinement of dogs seized either under the provisions of this chapter or otherwise.
SHELTER
Shall mean any establishment where dogs are received, housed and distributed without charge.
VICIOUS DOG
Shall mean any dog which has attacked or bitten any human being on three separate occasions within a period of one year, and which dog is declared to be vicious by the Judge of the Municipal Court; or any dog which has bitten or attacked any other dog or domestic animal on three separate occasions within a period of one year, and which dog is declared to be vicious by the Municipal Judge; or any dog which, for good cause shown at the hearing pursuant to subsection § 10-6.2, is declared to be vicious by the Judge of the Municipal Court.
[1972 Code § 9-2.1; Ord. No. 1626-99 § II]
Licenses shall be required for the following dogs of licensing age:
a. 
Any dog acquired by any person and kept within the Township for more than 10 days after acquisition unless duly licensed within another municipality in the State of New Jersey.
b. 
Any unlicensed dog brought into the Township by any person and kept within the Township for more than 90 days.
c. 
Any dog licensed by another state and brought into the Township by any person and kept within the Township for more than 90 days.
d. 
Any dog attaining licensing age who also meets the provisions of paragraphs a, b and c (Licensing age is defined Section § 10-1 as "any dog which has attained the age of seven months or which possesses a set of permanent teeth."
[1972 Code § 9-2.2; Ord. No. 1626-99 § III]
Each application for a license under this chapter shall provide the following information:
a. 
A general description of the dog sought to be licensed, including breed, sex, age, color and markings, and whether such dog is altered, and whether such dog is of a long or short haired variety.
b. 
Name, street and post office address of the owner or keeper of such dog.
c. 
Telephone number of the owner or keeper of such dog.
d. 
Evidence of inoculation with rabies vaccine showing a validation date effective through October 31st of the current year or certificate of exemption. The owner or keeper shall provide evidence that the dog to be licensed and registered has been inoculated with a rabies vaccine of a type approved by and administered in accordance with the recommendations of the United States Department of Human Services or has been certified exempt. The rabies inoculation shall be administered by a duly licensed veterinarian, or by such other veterinarian permitted by law to do the same.
Registration numbers shall be issued in the order in which applications are received.
[1972 Code § 9-2.3; Ord. No. 1626-99 § IV]
The application for a license shall be made within 10 days of the day upon which the dog first becomes subject to the provisions of this section. Applications for license renewal and registration tags for dogs which are required to be licensed by the provisions of subsection § 10-2.1 shall be made before February 1 of each calendar year.
[1972 Code § 9-2.4]
The information on all applications under this chapter and the registration number issued to each licensed dog shall be preserved for a period of three years by the Health Department. In addition, it shall forward similar information to the State Department of Health each month on forms furnished by the Department.
[1972 Code § 9-2.5; Ord. No. 505-78 § 1; Ord. No. 611-81 § 1; Ord. No. 643-82 § 1; Ord. No. 720-83 § 1; Ord. No. 832-86 § 1; Ord. No. 1203-93 § 1; Ord. No. 1626-99 §§ V, VI; Ord. No. 2139-07 § II]
The following fees are applicable to dog license and dog registration fee applications:
a. 
The person applying for a license shall pay a fee of $12 for each altered dog and $15 for each unaltered dog. These same fees shall apply and be charged with the annual renewal of each license and registration fee.
b. 
In addition, a late fee of $10 will be charged to any person who submits an application on or after March 1 of any calendar year for a renewal of a license for a dog required to be licensed under subsection § 10-2.1a. Such fee shall be charged to each late application submitted.
[1972 Code § 9-2.6; Ord. No. 720-83 § 11]
Each dog license and registration tag shall expire on the last day of January of each year.
[1972 Code § 9-2.7]
The provisions of this section shall not apply to any dog licensed under Section § 10-3. Dogs used as guides for blind persons and commonly known as "seeing eye dogs" shall be licensed in the same manner as other dogs, except that the owner or keeper shall not be required to pay any fee.
[1972 Code § 9-3.1]
Any person who keeps or operates, or proposes to establish a kennel, pet shop, shelter or pound, shall apply to the Health Department for a license entitling him or her to keep or operate such establishment. Any person holding such license shall not be required to secure individual licenses for dogs owned by such licensee and kept at such establishments; such licenses shall not be transferable to another owner or different premises.
[1972 Code § 9-3.2]
The application shall contain the following information:
a. 
The name and permanent and local address of the applicant.
b. 
The street address where the establishment is located, or proposed to be located, together with a general description of the premises.
c. 
The purposes for which it is to be maintained.
d. 
The maximum number of dogs to be accommodated by such establishment at any one time.
[1972 Code § 9-3.3]
All licenses issued for a kennel, pet shop, shelter or pound shall state the purpose for which the establishment is maintained and all such licenses shall expire on the last day of January of each year.
[1972 Code § 9-3.4; Ord. No. 30-84 § 4]
The annual license fees for kennel and pet shop licenses shall be as follows:
a. 
Kennel accommodating 10 or less dogs, $25.
b. 
Kennel accommodating more than 10 dogs, $50.
c. 
Pet shop, $25.
d. 
Shelter or pound, no fee.
[1972 Code § 9-3.5]
All licenses issued for a kennel, pet shop, shelter or pound shall be subject to revocation by the Health Department on recommendation of the State Department of Health for failure to comply with the rules and regulations of State law, after the owner has been afforded a hearing by either the State Department of Health or the Health Department.
Any person holding a license to establish, keep or operate a kennel, pet shop, shelter or pound shall comply with all Township ordinances and the rules and regulations promulgated by the State Department of Health governing the sanitary conduct and operation of kennels, pet shops, shelters and pounds, the preservation of sanitation therein, and the prevention of the spread of rabies and other diseases of dogs within and from such establishments.
[1972 Code § 9-3.6]
The Health Department shall forward to the State Department of Health a list of all kennels, pet shops, shelters and pounds licensed within 30 days after the licenses therefor are issued, which list shall include the name and address of the licenses and the kind of license issued.
[1972 Code § 9-3.7]
No dog kept in a kennel, pet shop, shelter or pound shall be permitted off such premises, except on leash or in a crate or other safe control.
[1972 Code § 9-4; Ord. No. 1626-99 § VII]
License fees and other monies collected or received under the provisions of this chapter, except the registration tag fees, shall be forwarded to the Township Treasurer within 30 days after collection or receipt, and shall be placed in a special account separate from any of the other accounts of the Township and shall be used for the following purposes only: collecting, keeping and disposing of dogs liable to seizure under this chapter; local prevention and control of rabies; providing anti-rabies treatment under the direction of the Health Department for any person known or suspected to have been exposed to rabies; all other purposes prescribed by the statutes of New Jersey governing the subject, and for administering the provisions of this chapter. Any unexpended balance remaining in such special account shall be retained therein until the end of the third fiscal year following and may be used for any of the purposes set forth in this section. At the end of the third fiscal year following, and at the end of each fiscal year thereafter, there shall be transferred from this special account to the general funds of the Township any amount then in the account which is in excess of the total amount paid into the special account during the last two fiscal years next preceding.
The portion of the registration tag fee fixed by the State of New Jersey shall be forwarded within 30 days after collection to the State Department of Health.
[1972 Code § 9-5]
The Director of Health shall annually cause a canvass to be made of all dogs owned, kept or harbored within the limits of the Township and shall report to the State Department of Health the results setting forth in separate columns the names and addresses of persons owning, keeping or harboring dogs, the number of licensed dogs owned, kept or harbored by each person, together with the registration number of each dog; the number of unlicensed dogs owned, kept or harbored by each person, together with a complete description of each unlicensed dog.
[1972 Code § 9-6.1]
It shall be the duty of the Health Department to receive and investigate complaints against dogs. If it is deemed by the Director of Health on evidence submitted that a dog is vicious, as defined in Section § 10-1, the Director shall report the findings in writing to the Judge of the Municipal Court.
[1972 Code § 9-6.2]
The Judge of the Municipal Court shall notify in writing the owner or keeper of an allegedly vicious dog that a complaint has been made and require such person to appear before him/her at a stated time and place for a hearing. The Judge shall conduct the hearing in the same manner as he/she would conduct the trial of a criminal case. If the Judge decides that the dog complained of is a vicious dog, he/she shall so notify the owner or keeper of the dog.
[1972 Code § 9-6.3]
No person owning or keeping a dog which has been determined to be a vicious dog shall permit such dog to be off the property of the owner or keeper without being securely muzzled and secured by a leash no longer than six feet.
[1972 Code § 9-6.4; Ord. No. 328-74 § 2]
If any dog which has been declared to be vicious by the Judge of the Municipal Court under the provisions of this chapter shall, subsequent to that declaration, bite or attack any human or another dog or domestic animal, then the Judge shall conduct a hearing to determine whether such vicious dog shall be destroyed, or removed from the Township, or such other penalty as the Judge of the Municipal Court deems commensurate with the circumstances.
[1972 Code § 9-7.1]
The Health Department shall take into custody and impound, or cause to be taken into custody and impounded, any of the following dogs:
a. 
Any unlicensed dog running at large in violation of the provisions of this chapter.
b. 
Any dog off the premises of the owner of or the person keeping or harboring such dog which the Director of Health or his/her agent has reason to believe is a stray dog.
c. 
Any dog off the premises of the owner of or the person keeping or harboring such dog without a current registration tag on its collar.
d. 
Any female dog in season off the premises of the owner of or the person keeping or harboring such dog.
e. 
Any dog which has been determined to be a vicious dog as provided in Section § 10-6 that is unmuzzled or running at large, provided that the dog may be seized by the Animal Control Officer and provided further that if the dog cannot be seized with safety, it may be killed.
[1972 Code § 9-7.2]
Any officer or agent authorized empowered to perform any duty under this chapter is hereby authorized to go upon any premises to seize for impounding any dog which he/she may lawfully seize and impound when such officer is in immediate pursuit of such dog, except upon the premises of the owner of the dog if the owner is present and forbids same.
[1972 Code § 9-7.4]
If any dog so impounded or seized wears a registration tag, collar or harness having inscribed thereon or attached thereto the name and address of any person or the owner of, or the person keeping or harboring the dog is known, the Animal Control Officer shall immediately serve on the person whose address is given on the collar, or on the person owning, keeping or harboring the dog, a notice in writing stating that the dog has been seized and will be liable to be disposed of or destroyed if not claimed within seven days after service of the notice.
A notice under this subsection may be served either by delivering it to the person on whom it is to be served, or by leaving it at the person's usual or last known place of abode, or at the address given on the collar, or by forwarding it by mail in a prepaid letter addressed to that person at his or her usual or last known place of abode, or to the address given on the collar.
[1972 Code § 9-7.4]
The Director of Health or his/her agent is authorized and empowered to cause the destruction of any unclaimed dogs, in as humane a manner as possible, under any of the following contingencies:
a. 
When any dog so seized has not been claimed by the person owning, keeping or harboring such dog within seven days of the dog's detention when notice has not been or cannot be given, as set forth in the previous subsection.
b. 
If the person owning, keeping or harboring any dog so seized has not claimed the dog and has not paid a penalty as stated in Section § 10-10.
c. 
If the seized dog is unlicensed at the time of its seizure and the person owning, keeping or harboring such dog has not produced a license and registration tag as provided in this chapter.
[1972 Code § 9-8]
No person shall own, keep or harbor a dog in the Township except in compliance with the provisions of this chapter and the following regulations.
[1972 Code § 9-8.1]
All dogs for which licenses are required by the provisions of this chapter shall wear a collar or harness with the registration tag for such dog securely fastened thereto.
[1972 Code § 9-8.2]
No person, except an officer in the performance of his/her duties, shall remove a registration tag from the collar of any dog without the consent of the owner, nor shall any person attach a registration tag to a dog for which it was not issued.
[1972 Code § 9-8.3]
No person shall hinder, molest or interfere with anyone authorized or empowered to perform any duty under this chapter.
[1972 Code § 9-8.4]
No person shall own, keep, harbor or maintain any dog which habitually barks or cries between the hours of 10:00 p.m. and 6:00 a.m. or which by frequent barking disturbs the peace and quiet of the neighborhood and creates a nuisance thereby.
[1972 Code § 9-8.5; Ord. No. 1297-94 § 1; Ord. No. 1515-98 § 1]
a. 
No person owning, keeping or harboring any dog shall allow, suffer or permit it to run at large upon any public property or in any public place or upon the property of another.
b. 
It shall be unlawful for any person owning, keeping or harboring a dog to allow, suffer or permit it to run unrestrained on his/her property without taking appropriate measures or installing appropriate devices, such as a spike or tether, to restrict the dog from leaving the confines of such property.
If in the reasonable judgment of the Township Animal Control Officer the purposes of this subsection can only be accomplished by installation of a material fence then said fence must be of a height and structure necessary to ensure that any dog(s) remains confined to its owners property. If the installation of a fence would also require the issuance of a permit by the Construction Official the Animal Control Officer shall so advise the person.
c. 
Any person whose dog is impounded by the Health Department for violation of this subsection shall pay the following fees prior to release of the dog:
1. 
First Impoundment. Redemption fee of $20 plus the per diem cost of boarding.
2. 
Second Impoundment. Redemption fee of $30 plus the per diem cost of boarding.
3. 
Three or More Impoundments. Redemption fee of $40 plus the per diem cost of boarding.
d. 
Where a dog which has been running at large returns home before being impounded the owner, keeper or harborer shall be subject to the penalties contained in Section § 10-10 of this chapter.
[Ord. No. 1297-94 § 1; Ord. No. 1369-95]
a. 
Any person whose dog is impounded by the Health Department for violation of subsection § 10-8.6 or otherwise shall pay the following fees prior to release of the dog:
1. 
First Impoundment: Redemption fee of $20 plus the per diem cost of boarding.
2. 
Second Impoundment: Redemption fee of $30 plus the per diem cost of boarding.
3. 
Three or More Impoundments: Redemption fee of $40 plus the per diem cost of boarding.
4. 
Where a dog which has been running at large returns home before being impounded, the owner, keeper or harborer shall be subject to the penalties contained in Section § 10-10 of this chapter.
b. 
Boarding Facilities at the Alex Caprio Animal Control Facility. In addition to any other fees chargeable pursuant to the ordinances of the Township all owners of animals impounded by the Health Department shall pay the following daily boarding fees:
(a) 
$7 per day for each dog.
(b) 
$5 per day for each puppy, kitten or cat.
(c) 
A maximum of $10 per day for any other animal based on a reasonable estimate by the Director of Health and Welfare or his representative of the cost of such boarding.
c. 
Emergency Treatment of Injured Animals. Any person owning an animal that has been injured and impounded by the Health Department shall pay all veterinary fees for the medical treatment and services that were required to treat that animal in addition to all other such fees that are chargeable.
d. 
Adoption Fees. The following fees shall be charged to any person who adopts any of the following animals from the Township:
1. 
Dogs and Puppies: $40 for mixed breeds.
2. 
Dogs and Puppies: $50 for pure breeds.
3. 
Cats and Kittens: $25 for mixed breeds.
4. 
Cats and Kittens: $50 for pure breeds.
[1972 Code § 9-8.6]
No person owning, keeping or harboring any dog shall suffer or permit it to be upon the public streets or in any of the public places of the Township unless such dog is accompanied by a person over the age of 12 years and is securely confined and controlled by an adequate leash not more than six feet long.
[1972 Code § 9-8.7]
No person owning, keeping or harboring an animal, shall permit or suffer it to do any injury, or to do any damage to any lawn, shrubbery, flowers, grounds or property.
[1972 Code § 9-8.8; New]
No person shall keep, permit to be kept, bring or permit any dog to be brought on or into any store or other building or portion thereof, into which members of the public at large are invited or are expected to enter and frequent. Nothing in this section shall be deemed to prohibit the keeping or bringing of any dog on, in or into the premises of his owner or regulate the movements of a seeing eye dog if in the company of its owner.
[1972 Code § 9-8.9; Ord. No. 376-76 § 1; Ord. No. 1626-99 §§ VIII, IX]
a. 
Prohibitions. No person owning, harboring, keeping or in charge of any dog shall cause, suffer or allow such dog to soil, defile, defecate on or commit any nuisance on any common thoroughfare, sidewalk, passageway, bypath, play area, park, school property or any place where people congregate or walk, or upon any public property whatsoever, or upon any private property without the permission of the owner of the property.
b. 
Exceptions. The restriction in this subsection shall not apply to those persons who shall comply with the following conditions:
1. 
The person in charge of such dog shall immediately remove all feces deposited by such dog by any sanitary method approved by the local Health Authority.
2. 
The feces removed from the aforementioned designated area shall be disposed of by the person owning, harboring, keeping, or in charge of any dog curbed in accordance with the provisions of this subsection, in a sanitary manner approved by the local Health Authority.
c. 
No Exceptions. Notwithstanding anything contained herein to the foregoing, no dog shall at any time soil, defile, defecate on or commit any nuisance on any portion of school property.
[1972 Code § 9-9]
Where it has been determined by a physician that a person has been bitten by a dog, such individual, or his/her parent or guardian if he/she is a minor, shall immediately notify the Police or the Health Department. When the owner or keeper of any dog shall be notified by the Health Department that the dog has bitten any individual or individuals, the owner or keeper of the dog must comply with the following procedures:
Have the dog kept in quarantine in the owner's home or at a kennel for a period of 10 days. Any symptoms denoting rabies or any unusual behavior must be immediately reported to the Health Department.
At the end of 10 days, have the dog examined by a veterinarian and a written report of the dog's state of health sent to the Health Department.
[1972 Code § 9-10; Ord. No. 328-74 § 4; Ord. No. 1162-93 § 1]
a. 
A person who violates or refuses to comply with subsection § 10-8.11 shall be assessed a period of community service cleaning the Township's parks and playgrounds for a period of no less than two hours nor more than 10 hours and a fine of not less than $25 nor more than $500 for each offense.
b. 
Any person who violates or refuses to comply with any other section of this chapter shall be liable to a penalty of not less than $25 nor more than $500 for each offense.
[Ord. No. 1361-95 § 1]
As used in this section:
ALTERED
Shall mean rendered permanently incapable of reproduction as certified by a licensed veterinarian.
ANIMAL
Shall mean a dog or cat.
CAT
Shall mean any member of the domestic feline species; male, female, or altered.
CAT OF LICENSING AGE
Shall mean any cat which has attained the age of seven months, or which possesses a set of permanent teeth.
CATTERY
Shall mean any room or group of rooms, cage, or exhibition pen, not part of a kennel, wherein cats for sale are kept or displayed.
HEALTH DEPARTMENT
Shall mean the Department of Health and Welfare of the Township of West Orange.
OWNER
When applied to the proprietorship of a cat shall mean and include every person having a right of property (or custody) in such cat and every person who has such cat in his/her keeping, or who harbors or maintains a cat or knowingly permits a cat to remain on or about any premises occupied by that person.
PERSON
Shall mean any individual, corporation, partnership, organization, or institution commonly recognized by law as a unit.
TOWNSHIP
Shall mean the Township of West Orange.
[Ord. No. 1361-95 § 2]
a. 
Vaccination and License Requirements. No person shall own, keep, harbor, or maintain any cat over seven months of age within the Township unless such cat is vaccinated and licensed. The provisions of this subsection do not apply to cats held in a cattery, or those held by a State or Federal licensed research facility, or a veterinary establishment where cats are received or kept for diagnostic, medical, surgical, or other treatments, or licensed animal shelters, pounds, kennels, or pet shops.
b. 
Vaccination. All cats shall be vaccinated against rabies by a licensed veterinarian in accordance with the latest "Compendium of Animal Rabies Vaccines and Recommendations of Immunization" published by the National Association of State Public Health Veterinarians, except as provided for in paragraph d.
c. 
Vaccination Certificate. A certificate of vaccination shall be issued to the owner of each animal vaccinated on a form recommended by the State.
d. 
Exemptions. Any cat may be exempted from the requirements of such vaccination for a specified period of time by the Health Department, upon presentation of a veterinarian's certificate stating that because of an infirmity or other physical condition, or regimen of therapy, the inoculation of such cat shall be deemed inadvisable.
[Ord. No. 1361-95 § 3; Ord. No. 2140-07 § II]
a. 
Display of License Number Required. Any person who shall own, keep, or harbor a cat of licensing age shall annually apply for and procure from the Health Department a license and official registration tag with license number, or a registration sleeve for each cat so owned, kept, or harbored, and shall place upon such cat a collar, or other device with the license number securely fastened or displayed thereto. Acceptable methods of displaying license number shall include, but are not limited to, breakaway or elastic collars. License tags or sleeves are not transferable.
b. 
Time for Applying for License. The owner of any newly acquired cat of licensing age, or of any cat which attains licensing age, shall make application for license tag or sleeve for such cat within 10 days after such acquisition or age attainment. This requirement will not apply to a nonresident keeping a cat within the Township for not longer than 90 days. Applications shall be furnished by the Health Department.
c. 
Cats Brought into Township. Any person who shall bring, or cause to be brought into this Township, any cat licensed in another State for the current year, and bearing registration tag or sleeve, and shall keep the same or permit the same to be kept within the Township for a period of more than 90 days, shall immediately apply for a license and registration tag or sleeve for each such cat.
d. 
Application, Contents, Preservation of Information. The application shall state the breed, sex, age, color, and markings of the cat for which license and registration are sought, and whether it is of a long or shorthaired variety; also the name, street, and post office address of the owner, and the person who shall keep or harbor such cat. The information on the application and the registration number issued for the cat shall be preserved for a period of three years by the Health Department.
e. 
License Forms and Tags. License forms and official tags or sleeves shall be furnished by the Health Department and shall be numbered serially, and shall bear the year of issuance and the name of the municipality.
f. 
Evidence of Inoculation with Rabies Vaccine or Certification of Exemption; Requirement for License. The Health Department shall not grant any such license and official registration tag or sleeve for any cat, unless the owner thereof provides evidence that the cat to be licensed and registered has been inoculated with a rabies vaccine of a type approved by and administered in accordance with the recommendations of the United States Department of Human Services, or has been certified exempt as provided by subsection § 10-11.2. The rabies inoculation shall be administered by a duly licensed veterinarian, or by such other veterinarian permitted by law to do the same.
g. 
License Fee Schedule. A license shall be issued after payment of a fee of $15 for each unaltered cat, and $12 for each altered cat. Persons who fail to obtain a license as required within the time period specified in this section, will be subject to a delinquent fee of $5.
h. 
Fees, Renewals, Expiration Date of License. License from another municipality shall be accepted. The person applying for the license and registration tag and/or sleeve shall pay the fee fixed or authorized. The fee for the renewal of license and registration tag or sleeve shall be the same as for the original, and the license, registration tag or sleeve and renewal thereof shall expire on January 31 of the following year.
Only one license and registration tag or sleeve shall be required in the licensing year for any cat in this Township. Any valid New Jersey license tag or sleeve issued by a New Jersey municipality shall be accepted by this municipality as evidence of compliance.
i. 
Loss of License. If a license tag or sleeve has been misplaced or lost, the Health Department may issue a duplicate license and/or registration sleeve for that particular cat at a fee of $2.
j. 
Proof of Licensing. Proof of licensing shall be produced by any person owning, keeping, maintaining, or harboring a cat, upon the request of any Health Official, Police Officer, Animal Control Officer, or other authorized person.
k. 
Interfering with Persons Performing Duties Under this Section. No person shall hinder, molest, or interfere with anyone authorized or empowered to perform any duty under this section.
l. 
Disposition of Fees Collected. License fees and other moneys collected or received under the provisions of this section, shall be forwarded to the Chief Financial Officer of the Township, and shall be placed in a special account separate from any of the other accounts of the municipality and shall be used for the following purposes only; collecting, keeping, and disposing of cats liable to seizure, for local prevention and control of rabies, providing anti-rabies treatment under the direction of the Health Department for any person known or suspected to have been exposed to rabies, and for administering the provisions of this section. Any unexpected balance remaining in such special account shall be retained until the end of the third fiscal year following, and may be used for any of the purposes set forth in this section. At the end of the third fiscal year following and at the end of each fiscal year thereafter, there shall be transferred from such special account to the general funds of the municipality any amount then in such account which is in excess of the municipality any amount then in such account which is in excess of the total amount paid into the special account during the last two fiscal years next preceding.
[Ord. No. 1361-95 § 4]
Except as otherwise provided in this section, any person who violates, or who fails or refuses to comply with this section shall be liable, upon conviction, to a penalty of not less than $5 nor more than $500 for each offense, except that for the first offense the penalty shall be not less than $5 nor more than $50. Any person suspected of being a first offender shall receive a written warning that he/she will have 30 days to obtain a license and if no such license is obtained within that period a notice of violation will be issued.
[1972 Code § 5-16.1]
No person shall keep any animals or birds upon premises in the Township except in accordance with the provisions of this section.
[1972 Code § 5-16.2]
This section shall apply to:
a. 
The keeping of dog kennels, pet shops, shelters or pounds licensed under Section § 10-3.
b. 
Dogs licensed pursuant to subsection § 10-2.1, cats, caged animals or birds kept as pets, provided they do not exceed three in number for each species, shall be exempt from the provisions of subsections § 10-12.4 and § 10-12.6, but shall be kept in compliance with all other provisions of this section.
[1972 Code § 5-16.3; Ord. No. 1755-01 § II]
The premises on which animals or birds are maintained shall at all times conform to the following requirements:
a. 
Animals and birds at all times shall be confined to such premises or portion thereof as will preclude odors and sounds emanating from such animals or birds or engendered by their care, feeding or other activity connected with such animals or birds from interfering with the ordinary and reasonable use, occupation and enjoyment of property on neighboring premises. In no event shall a person maintain any shed, coop, pen or runway, stall or other enclosure or facility related to animals or birds nearer than 50 feet from the main building and 50 feet from any lot line.
b. 
In addition to the regulation provided in paragraph a above, there shall be a minimum of two acres of land in order for a horse, cow, goat, sheep, ox or other farm animal to be maintained upon any premises. If fowl are to be maintained upon any premises, there shall be a limit of three fowl per acre of land.
c. 
Buildings, food storage bins, appliances, equipment, feeding areas and other facilities on the premises shall be constructed with rat-proofing materials and maintained in such fashion as to permit proper cleansing, and shall be cleansed, deodorized and deinfested regularly.
d. 
Water supply shall be adequate for proper sanitation.
e. 
Water or other liquid to which mosquitos may have access shall be properly drained to prevent their breeding.
f. 
Disposition shall be made of animal wastes, excrement, garbage, refuse or vegetable matter deposited upon the premises in such a manner as to prevent insect breeding or rodent infestation or pollution of the air or any body of water or the creation of any other unhealthy or unsanitary condition.
g. 
All necessary measures shall be employed to ensure that rodents or insects hazardous to public health shall be precluded from infesting the premises.
h. 
Adequate measures shall be taken to prevent the animals or birds maintained from escaping or at any time roaming at large.
i. 
Adequate facilities shall be available to maintain the premises in a sanitary condition at all times.
j. 
No animals or birds, except those which qualify as pets under subsection § 10-12.2, shall be kept in any dwelling, house or building occupied or intended to be occupied by human beings.
k. 
No person shall inflict unnecessary cruelty upon a living animal or creature of which he/she has charge either as owner or otherwise, or unnecessarily fail to provide it with proper food, drink, shelter or protection from the weather.
l. 
No person shall willfully sell, or offer to sell, or expose any animal having a contagious or infectious disease dangerous to the health or life of human beings or animals.
[1972 Code § 5-16.4]
a. 
Animals or birds, except those exempt under subsection § 10-12.2 shall not be maintained on any premises until the Director of Health and Welfare has given formal approval therefor by the issuance of a license.
b. 
Application for a license shall be made by letter of request submitted to the Director of Health and Welfare. A plot plan clearly depicting the premises and all structures and facilities located or proposed to be located thereon shall accompany the application.
c. 
A license to maintain animals or birds shall not be issued unless and until the Director of Health and Welfare or his/her duly authorized representative has inspected and approved the site and the facilities where animals or birds are to be maintained.
d. 
Premises on which animals or birds are maintained shall be subject to inspection by the Division of Health.
e. 
The license of any person to maintain animals or birds may be suspended at any time when, in the opinion of the Director of Health and Welfare, such action is necessary to obtain abatement of a nuisance as defined in subsection § 10-12.5.
[1972 Code § 5-16.5]
Premises on which animals or birds are maintained in violation of subsection § 10-12.3 are hereby declared to be a nuisance and detrimental to public health.
[1972 Code § 5-16.6; Ord. No. 312-74 § 1]
The fee for a license to keep animals shall be as follows:
a. 
Small animals and birds: no fee.
b. 
Dogs, as stated in subsection § 10-2.5.
c. 
Cats, as licensed in subsection § 10-11.3.
All licenses shall expire on December 31 of each year and shall be renewable on or before January 1 of each year. The charge for licenses applied for during the year shall be prorated for the remainder of the year.
[Ord. No. 12§ 10-93 § 1]
As used in this section:
HYBRID ANIMAL
Shall mean an animal resulting from the breeding of a domestic animal with a wolf, coyote, wildcat or other canine or feline wildlife and all subsequent generations of such hybrid and any animal that is advertised, registered or represented by its owner to be a canine or feline hybrid.
[Ord. No. 12§ 10-93 § 2]
No person shall keep, harbor, breed or offer for sale any hybrid animal within the Township of West Orange.
[Ord. No. 2060-06 § 2]
For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings stated herein. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
IMMEDIATE
Shall mean that the pet solid waste is removed at once, without delay.
OWNER/KEEPER
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.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
PET
Shall mean a domesticated animal (other than a disability assistance animal) kept for amusement or companionship.
PET SOLID WASTE
Shall mean waste matter expelled from the bowels of the pet; excrement.
PROPER DISPOSAL
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.
[Ord. No. 2060-06 § 3]
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.
[Ord. No. 2060-06 § 4]
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.
[Ord. No. 2060-06 § 5]
The provisions of this section shall be enforced by the Director of the Department of Health or his/her authorized designee.
[Ord. No. 2060-06 § 6]
Penalties shall be determined in accordance with West Orange Revised General Ordinances Chapter 1, Section 1-5.
[Ord. No. 2472-16; Ord. No. 2484-16 § 2]
For the purpose of this section, the following terms shall have the meaning set forth in this subsection. When not inconsistent with the context, words used in the present tense include the future and the past, words in the plural number include the singular, and words in the singular number include the plural.
ANIMAL CONTROL AGENCY
Shall mean any agency or person, including an animal control officer, authorized by law to implement animal control laws and provide animal care and control on behalf of the Municipality.
ANIMAL WELFARE ORGANIZATION
Shall mean any nonprofit organization whose purpose includes promotion of animal welfare and that has been granted 501c3 nonprofit status by the Internal Revenue Service.
CARETAKER
Shall mean any person who regularly provides food and water to a feral cat colony.
EARTIP
Shall mean a mark identifying a feral cat as having been sterilized, specifically the removal of a quarter inch off the tip of the cat's left ear in a straight line cut while the cat is anesthetized.
FERAL CAT
Shall mean a cat that is not socialized to humans and is not an owned cat.
FERAL CAT COLONY AND COLONY
Shall mean a group of feral cats that congregate at or about the same location, and share a common food source.
FOSTER HOME
Shall mean a household in which a cat or kitten is temporarily placed for the purpose of providing indoor shelter, care and, if necessary, socialization before permanent placement in an adoptive home.
KITTEN
Shall mean a member of the species felis catus under the age of eight weeks.
NUISANCE
Shall mean conduct by feral cats that disturbs the peace, including (a) habitually or continually howling or making loud noises and (b) habitually and significantly damaging or destroying property.
OWNED CAT
Shall mean a cat that is a companion to a person, is regularly fed and sheltered at premises accessed, owned, or controlled by that same person.
SHELTER
Shall mean a structure that provides feral cats with protection from cold, rain and other weather-related elements.
SPONSOR
Shall mean any Animal Welfare Organization having experience and expertise in organizing and operating feral cat colonies and in working with volunteers to maintain such feral cat colonies in a comprehensive and healthful manner and which agrees to comply with the requirements of sponsorship set forth in this section, provides written notice to the Municipality that it desires to serve as a Sponsor and is approved by the Municipality.
STERILIZE
Shall mean to spay or neuter.
STRAY CAT
Shall mean a cat that is socialized to humans and is not an owned cat.
TNR
Shall mean the method of managing feral cats known as Trap-Neuter- Return.
TNR PROGRAM
Shall mean a program pursuant to which feral cats are trapped, sterilized, vaccinated against rabies, eartipped, returned to the location where they were captured and provided with long-term care by a Caretaker in accordance with this section.
[Ord. No. 2472-16]
A TNR Program shall be permitted and Caretakers shall be entitled to maintain feral cat colonies in accordance with the terms and conditions of this section.
a. 
No feral cat colony feeding site may be located within 200 feet of a school or child day care center.
b. 
Feral cat colony feeding sites may not be located on the property of any person or business without the approval of the respective property and business owners, including the governing body of a private association in the case of condominiums and the landlord in the case of apartment complexes.
c. 
Feral cat colony feeding sites shall not be located on any public property owned by the Township of West Orange, the West Orange School District, or other governmental unit, without the written permission of the appropriate official(s) responsible for authorizing such permission and managing such property.
[Ord. No. 2472-16]
Any Animal Welfare Organization that agrees and is able to comply with the requirements of this section shall be eligible to act as a Sponsor of the TNR Program upon written approval of the Municipality. Any Animal Welfare Organization wishing and intending to undertake the responsibilities of sponsorship shall provide to the Municipality a written letter of intention containing its address or location, telephone number and, if applicable, electronic mailing address.
[Ord. No. 2472-16]
It shall be the duty of a Sponsor to:
a. 
Register all feral cat colonies managed by Caretakers pursuant to the requirements of subsection § 10-15.6;
b. 
Ensure the ongoing compliance of Caretakers of registered colonies with the requirements of subsection § 10-15.5;
c. 
Maintain records provided by Caretakers on the size and location of registered colonies, as well as vaccination and sterilization records of cats in the colonies;
d. 
Help to resolve any complaints over the conduct of Caretakers of registered colonies or of cats belonging to registered colonies;
e. 
Report annually to the Municipality on the following:
1. 
Number of colonies in the Municipality that are registered with the Sponsor;
2. 
Total number of cats in colonies in the Municipality that are registered with the Sponsor;
3. 
Number of cats sterilized and vaccinated pursuant to the TNR Program in the past year; and
4. 
Number of cats and kittens removed for purposes of foster or adoptive placement in the past year.
[Ord. No. 2472-16]
It shall be the responsibility of a Caretaker to:
a. 
Submit all feral cat colonies managed by the Caretaker for registration with a Sponsor pursuant to the requirements of subsection § 10-15.6;
b. 
Make reasonable efforts to trap all cats in a registered colony and have all trapped cats sterilized, vaccinated against rabies and eartipped by a licensed veterinarian;
c. 
Make reasonable efforts to recapture all cats to update rabies vaccinations as required by law;
d. 
Keep and maintain vaccination, sterilization, and medical records for all trapped cats and provide the Sponsor with copies of vaccination and sterilization records for all trapped cats;
e. 
Provide or arrange for the provision of adequate food and water on a regular basis to colony cats and make reasonable efforts to ensure adequate shelter for colony cats, but food may not be placed outside before dawn and must be removed by dusk at each colony feeding site the food to remain out for no more than two hours during that period;
f. 
Make reasonable efforts to trap and obtain proper medical attention for any colony cat that appears to require it;
g. 
Make reasonable efforts to remove and find permanent adoptive homes or foster homes for kittens born to colony cats;
h. 
Make reasonable efforts to work with the Sponsor to resolve any complaints over the conduct of the Caretaker or of colony cats managed by the Caretaker;
i. 
Report annually in writing to the Sponsor on the status of the Caretaker's colony, including:
1. 
Total number of cats in the colony and total number of cats in the colony that are sterilized;
2. 
Number of cats in the colony sterilized and vaccinated pursuant to the TNR Program in the past year;
3. 
Number of cats that have died or otherwise ceased to be a part of the colony in the past year;
4. 
Number of kittens born to colony cats in the past year and their disposition: and
5. 
Number of cats and kittens removed for purposes of foster or adoptive placement in the past year.
[Ord. No. 2472-16]
Upon registration of a feral cat colony, the Caretaker shall provide his or her Sponsor with:
a. 
Address, telephone number and, if applicable, electronic mailing address of the Caretaker;
b. 
Location of the colony;
c. 
Total number of cats in the colony;
d. 
Total number of cats in the colony that are sterilized, total number of cats in the colony that are vaccinated against rabies, and records of such vaccinations and sterilizations.
[Ord. No. 2472-16]
a. 
In the event that a Caretaker of a registered colony is unable or unwilling to continue in that role, he or she shall notify his or her Sponsor in writing and shall make reasonable efforts to secure a replacement Caretaker.
b. 
In the event that a Sponsor is unable or unwilling to continue to perform its role, it shall provide 60 days' written notice to the Municipality and shall make reasonable efforts to secure a replacement Sponsor.
[Ord. No. 2472-16]
An Animal Control Agency that has trapped or received an eartipped cat from within the Municipality shall take reasonable steps to notify all Sponsors of the description and sex of the cat and of the address or location where the cat was captured. Sponsors shall have up to 10 business days after notification to arrange for the cat to be retrieved. If the cat is retrieved by arrangement of a Sponsor and the Caretaker of the colony from which the cat was removed can be located with reasonable efforts, the cat shall be returned to the Caretaker.
[Ord. No. 2472-16; Ord. No. 2484-16 § 3]
Nothing in this section shall interfere with the right of the Municipality or an Animal Control Agency to:
a. 
Investigate any nuisance complaint allegedly caused by a feral or stray cat or feral cat colony;
1. 
If it is found that a feral cat or feral cat colony within the Municipality is causing a nuisance, the Animal Control Agency or the Municipality shall provide all Sponsors with written notice delineating the nuisance and location of the cat or colony with specificity.
2. 
If a cat or cats belonging to a registered feral cat colony is causing a nuisance, then the Sponsor of the colony shall have 45 days from the date that written notice was provided pursuant to subsection § 10-15.9a,1 to cure the nuisance. If the Sponsor fails to cure the nuisance within 45 days, an Animal Control Agency or the Municipality shall have the right to remove the offending cat or cats.
b. 
Seize and remove a registered feral cat colony if the Caretaker regularly fails to comply with the requirements of subsection § 10-15.5 and the Sponsor does not correct the situation within 45 days of being given written notice by the Municipality delineating the Caretaker's failures with specificity;
c. 
Reassign sponsorship of a Sponsor's registered feral cat colonies if the Sponsor regularly fails to comply with the requirements of subsection § 10-15.4 and the Sponsor does not correct the situation within 45 days of being given written notice by the Municipality delineating its failures with specificity.
[Ord. No. 2472-16]
A Caretaker in compliance with this section shall be exempt from all other ordinances of the Municipality that impose requirements on cats that are owned, kept, harbored, or in the custody of a person and, to the extent necessary to comply with the requirements of this section, from the Ordinance prohibiting the feeding of wild animals.
[Ord. No. 2472-16]
a. 
If an Animal Control Agency or the Municipality locates or otherwise becomes knowledgeable about an unregistered feral cat colony, reasonable efforts shall be made by the Animal Control Agency or the Municipality to provide written notice to the Sponsor of the registration requirements of subsections § 10-15.5a and § 10-15.6 of this section.
b. 
Upon receipt of written notice as set forth in subsection § 10-15.11a, a Caretaker of an unregistered feral cat colony shall have 30 days to comply with subsections § 10-15.5a and § 10-15.6 of this section. During the thirty-day period, no cat from the colony shall be removed by an Animal Control Agency or the Municipality for reason of causing a nuisance.
c. 
Upon registration within the thirty-day period, a Caretaker in receipt of written notice as set forth in subsection § 10-15.11a shall be entitled to the protections of subsections § 10-15.8, § 10-15.9a and § 10-15.10. If the Caretaker fails to register the colony within the thirty-day period, the Caretaker shall not be entitled to any protections under this section until registration is complete.