[1972 Code § 9-1; Ord. No. 328-74 § 1]
As used in this chapter:
Shall mean any dog, bitch or spayed bitch.
Shall mean any dog which has attained the age of seven months
or which possesses a set of permanent teeth.
Shall mean any person exercising control over a dog or permitting
a dog to remain on premises under his control.
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.
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.
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.
Shall mean an establishment for the confinement of dogs seized
either under the provisions of this chapter or otherwise.
Shall mean any establishment where dogs are received, housed
and distributed without charge.
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.
[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.
[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:
[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.
[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:
[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:
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:
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.
[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:
Shall mean rendered permanently incapable of reproduction
as certified by a licensed veterinarian.
Shall mean a dog or cat.
Shall mean any member of the domestic feline species; male,
female, or altered.
Shall mean any cat which has attained the age of seven months,
or which possesses a set of permanent teeth.
Shall mean any room or group of rooms, cage, or exhibition
pen, not part of a kennel, wherein cats for sale are kept or displayed.
Shall mean the Department of Health and Welfare of the Township
of West Orange.
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.
Shall mean any individual, corporation, partnership, organization,
or institution commonly recognized by law as a unit.
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:
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.
[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.
[Ord. No. 12§ 10-93
§ 1]
As used in this section:
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.
Shall mean that the pet solid waste is removed at once, without
delay.
Shall mean any person who shall possess, maintain, house
or harbor any pet or otherwise have custody of any pet, whether or
not the owner of such pet.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean a domesticated animal (other than a disability
assistance animal) kept for amusement or companionship.
Shall mean waste matter expelled from the bowels of the pet;
excrement.
Shall mean the placement in a designated waste receptacle,
or other suitable container, and discarded in a refuse container which
is regularly emptied by the municipality or some other refuse collector;
or disposal into a system designed to convey domestic sewage for proper
treatment and disposal.
[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]
[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.
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.
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.
Shall mean any person who regularly provides food and water
to a feral cat colony.
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.
Shall mean a cat that is not socialized to humans and is
not an owned cat.
Shall mean a group of feral cats that congregate at or about
the same location, and share a common food source.
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.
Shall mean a member of the species felis catus under the
age of eight weeks.
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.
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.
Shall mean a structure that provides feral cats with protection
from cold, rain and other weather-related elements.
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.
Shall mean to spay or neuter.
Shall mean a cat that is socialized to humans and is not
an owned cat.
Shall mean the method of managing feral cats known as Trap-Neuter-
Return.
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.
