[1973 Code § 63-1; Ord. No. 7-14-76; Ord. No. 2014-41]
Shall mean any cat that is not a feral cat and is over the age of six months.
Shall mean a house, apartment, store or other building, whether or not used or designated for use as a dwelling.
Shall mean the immediate "family group" occupying one dwelling unit.
[Ord. No. 2014-41]
a.
Adequate Food and Water. Owners of domesticated cats shall provide appropriate and adequate food, water and shelter for their cats.
b.
Cat Not to Create a Nuisance. The owner of a domesticated cat shall exercise reasonable care to guard against the cat creating a nuisance.
c.
Unspayed and Unneutered Cats. The owner of a sexually intact (not spayed or neutered) domesticated cat shall not permit the cat to roam unsupervised.
d.
Abandonment Prohibited. An owner shall not abandon a domesticated cat.
[1973 Code § 63-2; Ord. No. 7-14-76]
It shall be unlawful to own, harbor or maintain a cat of more than six months of age, unless the owner thereof or the person harboring or maintaining same shall have a valid license for such cat.
[1973 Code § 63-3; Ord. No. 7-14-76; Ord. No. 4-25-90; Ord. No. 10-24-90; Ord. No. 6-12-91; Ord. No. 2007-(O)-40 § 2]
a.
The annual license fee for cats over six months of age shall be:
Year | 2008 | 2009 and Subsequent Years |
|---|---|---|
Unneutered or unspayed cat | $18 | $21 |
Neutered or spayed cat | $15 | $18 |
b.
A metal tag marked with a number to correspond with the number of the license, shall be issued with the license and shall be attached to a collar and shall at all times be worn by the cat so licensed when at large. The tag shall be procured from the Health Officer, who shall have the responsibility of issuing the licenses hereunder. In the event that the tag shall be lost or destroyed, the Health Officer is hereby authorized to issue a duplicate tag for that particular cat, at a fee of $0.50. Tags shall not be transferable to a cat other than the one for which the tag was originally issued.
c.
The fees collected under this chapter shall be deposited in the general funds of the Town.
d.
Failure to renew any license on or before the 31st day of March of the licensing year shall result in the imposition of a $10 late charge in addition to the license fee.
[1973 Code § 63-4; Ord. No. 7-14-76]
Each cat license and registration tag shall expire on the last day of January of the calendar year following the calendar year in which it was issued.
[1973 Code § 63-5; Ord. No. 7-14-76]
The Health Officer shall keep a record book showing the names of the owners, custodians or harborers of cats, the description of each cat owned or harbored, the date of issuance of the license and the amount of the fee.
[1973 Code § 63-6; Ord. No. 4-25-90]
a.
If any cat is seized while running at large and such cat is wearing a collar or harness, having inscribed or attached thereto the name and address of any person, or a registration tag, or if the owner or person keeping the cat is known, the officer, official or person seizing the cat shall cause to be served, on the person whose address is given on the collar or on the owner or the person keeping or harboring the cat if such owner or person is known, a notice, in writing, stating that the cat has been seized and will be liable to be disposed of or destroyed if not claimed within seven days after service of the notice.
b.
A notice under this subsection may be served by delivering it to the person on whom it is to be served, 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 prepared letter addressed to that person at his usual place of abode or to the address given on the collar.
c.
Any cat which has been seized or captured by the Animal Control Officer of the Town of Kearny, or other authorized agent, shall not be released to any individual until the cat has received a valid rabies vaccination and license.
[1973 Code § 63-7; Ord. No. 4-25-90]
Proof of current vaccination for rabies shall be required for each cat of more than six months of age.
[1973 Code § 63-8]
Each and every person violating this article shall, upon conviction thereof, forfeit and pay a fine of not more than $500 or be imprisoned in the County jail for not more than 90 days, or both.
[Ord. No. 2014-44]
As used in this subsection:
Shall mean any agency contracted or hired by the Town to coordinate and monitor the TNR program.
Shall mean any person who provides food, water or shelter to or otherwise cares for a cat.
Shall mean any person or agency employed by the Board of Health or appointed by the Town who is authorized to investigate violations of laws and regulations concerning cats, and to issue citations in accordance with New Jersey law and this Code.
Shall mean a cat that is socialized to humans and is appropriate as a companion for humans.
Shall mean a straight-line cutting of the tip of the left ear of a cat by a licensed veterinarian while the cat is anesthetized.
Shall mean to give, place, expose, deposit, distribute or scatter any edible material.
Shall mean a cat which is completely or substantially unsocialized to humans. The usual and consistent temperament of a feral cat is extreme fear and resistance to contact with humans. Feral cats are either born in the wild, the offspring of tame or feral cats and not socialized; or formerly tame cats who have been abandoned and have reverted to an untamed state.
Shall mean an individual feral cat or a group of cats which congregate together outside as a unit. Any non-feral cats who congregate with a multiple-cat colony shall be deemed part of it.
Shall mean disturbing the peace by habitually or continually howling, crying or screaming, or the unreasonable destruction, desecration or soiling of property against the wishes of the owner of the property.
Shall mean any person, firm, corporation, partnership, association, trust, estate, or any other legal entity.
Shall mean a cat which is regularly off the property of the owner, is not under the physical control and restraint of the owner and is not regularly provided with food by the owner.
Shall mean a shelter that provides protection from rain, sun, and other elements that is adequate to protect the health of the cat.
Shall mean a cat which is socialized to humans and is appropriate as a companion for humans.
Shall mean Trap, neuter and return.
Shall mean any person or entity appointed by the Town Council who will perform the duties and responsibilities as established in this Article.
Shall mean a program pursuant to which feral and stray cats are trapped, neutered or spayed, vaccinated against rabies, ear tipped and returned to the location where they congregate.
[Ord. No. 2014-44]
Feral cat colonies shall be permitted and caregivers shall be entitled to maintain them in accordance with the terms and conditions of this section.
[Ord. No. 2014-44]
It shall be the duty of the Animal Control Provider to:
[Ord. No. 2014-44]
It shall be the duty of the TNR Committee to:
a.
Help resolve any complaints over the conduct of a colony caregiver or of cats within a colony;
b.
Maintain records provided by colony caregivers on the registration, size and location of the colonies, as well as the vaccination and spay/neuter records of cats in the caregiver's colonies;
c.
Report semiannually in writing to the Town Code Official on the status of the colony, including data on the number and gender of all cats in the colony, the number of cats who died or otherwise ceased being a part of the colony during the prior six-month period, the number of kittens born to colony cats and their disposition, the number of cats and kittens spayed and neutered and the number of cats and kittens placed in permanent homes as companion cats.
d.
Provide the semi-annual report forms to caregivers and provide assistance on request upon request by the caregiver in the preparation of the forms.
[Ord. No. 2014-44; Ord. No. 2015-5]
It shall be the duty of feral cat caregivers to:
a.
Register the feral cat colony with the TNR Committee;
b.
Take steps to vaccinate the colony population for rabies and update the required vaccination protocols whenever possible; take steps to get all cats in the colony population spayed/neutered by a licensed veterinarian;
c.
Maintain digital photos of each cat in the colony and copies of documents evidencing that the cats have been vaccinated, spayed/neutered and ear tipped; providing food, water and, if feasible, suitable shelter for colony cats;
d.
Observe the colony cats and keep a record of any illnesses or unusual behavior noticed in any colony cats;
e.
Obtaining the written approval of the owner of any property on which the feral cat colony is located or the written approval of the owner of any property over which the caregiver requires access so as to provide colony care. The written approval shall be filed with the Code Official by the caregiver. If the caregiver is unable to obtain the written approval because either the access property or the property on which the colony is located is abandoned, unused or unoccupied, the caregiver shall send a request for approval to the owner of the property as listed on the current tax rolls by certified mail, return receipt requested. If no response is forthcoming for 10 days, the caregiver shall send a second request by certified mail, return receipt requested. If no response is forthcoming after a second ten-day period, the caregiver may file a certification with the Code Official setting forth the two failed attempts and attaching the two certified mail receipts after which approval shall be presumed until the property owner's written response is obtained.
f.
Take steps, in the event that kittens are born to a colony cat, to remove the kittens from the colony after they have been weaned, and place the kittens in homes, foster homes, or with animal shelters, rescue organizations or veterinary offices for the purpose of subsequent permanent placement;
g.
Report semiannually in writing to the TNR Committee on the status of the colony the total number of cats in the colony, including data on the number and gender of all cats in the colony, the number of cats who died or otherwise ceased being a part of the colony during the prior six-month period, the number of kittens born to colony cats and their disposition, the number of cats and kittens spayed and neutered and the number of cats and kittens placed in permanent homes as companion cats;
h.
Obtaining proper medical attention for any colony cat who appears to require it.
i.
Undergoing training for themselves and their responsible substitutes in the proper management of a colony as developed and verified by the Animal Control;
j.
Setting up consistent and monitored feeding schedules. Feeding shall be limited to daylight hours. All remaining food must be removed daily;
k.
"Ear tip" all cats with a single cut preferably on the left ear.
[Ord. No. 2014-44; Ord. No. 2015-5]
The following sections of the Town Code shall not apply to feral cat colonies managed by the TNR Program or to any person or organization that is providing care for a feral cat colony and is taking steps to trap and sterilize the animals:
Section 9-10 Licensing
Section 9-11 Control and Maintenance of Cats
[Ord. No. 2014-44]
Any person undertaking the duties and responsibilities of a cat colony caregiver shall first be registered with the Committee at no cost. A registered caregiver shall not be considered an owner in or be subject to regulations governing ownership or control of an animal, except as specified in this subsection.
[Ord. No. 2014-44]
The Town shall retain the following rights:
a.
The right to seize or remove from a colony cats which have not been vaccinated against rabies and who are demonstrating signs of the disease.
b.
The right to seize or remove from a colony a cat which is creating a nuisance after the caregiver and sponsor have been given 60 days to resolve the complaint or remove and relocate the cat and have failed to do so.
c.
The right to seize or remove a colony of cats when the caregiver regularly fails to comply with the requirements of this section and the TNR Committee has not been able to obtain a replacement or substitute caregiver within 60 days of the Town's notice to the Committee of the caregiver's failure to comply with this subsection.
d.
The right to replace or remove a caregiver who fails to comply with the responsibilities and requirements of this section after reasonable notice is provided to the caregiver of noncompliance.
[Ord. No. 2014-44]
The requirements of this section notwithstanding, Code Officials and Police Officers may investigate any nuisance complaint. If a Code Official or Police Officer determines that an ear-tipped feral colony cat is causing a nuisance as defined by this section, the Code Official or Police Officer shall contact the TNR Committee and allow the TNR Committee 60 days to resolve the complaint or remove the cat before the officer takes further action. The caregiver or TNR Committee must begin nuisance abatement procedures within 48 hours after being notified of a nuisance and must take all reasonable steps to resolve the nuisance in as short a time period as possible, not to exceed 60 days. If the TNR Committee fails to resolve the nuisance or remove the cat within the 60 days, the Code Official may remove the cat. If a Code Official or Police Officer reasonably determines that a cat is injured or poses a significant threat to public health, the Code Official or Police Officer may reduce the time that the TNR Committee has to resolve the complaint, as necessary to protect the cat and public health, before taking further action. In the case of an emergency, the Code Official or Police Officer may remove the cat, but within 24 hours the Town must provide the TNR Committee with notice of the cat's whereabouts and allow the TNR Committee an opportunity to retrieve the cat for treatment, return, or relocation.
[Ord. No. 2014-44]
This section shall be enforced by the Code Official or Police Department and any other Department hereinafter designated by the Town Administrator.
[Ord. No. 2014-44]
Not later than January 31, 2016, the Town shall study the effectiveness of the TNR Program and review the continuance of this section. This section, however, shall continue as provided until specifically rescinded or amended.
[Ord. No. 2017-57]
Means an animal control center or animal shelter, maintained by or under contract with any state, county, or municipality, whose mission and practice is, in whole, or significant part, the rescue and placement of animals in permanent homes or rescue organizations.
Means any not-for-profit organization which has tax-exempt status under Section 501(c)(3) of the United States Internal Revenue Code, whose mission and practice is, in whole or in significant part, the rescue and placement of animals in permanent homes.
Means a member of the species of domestic cat, Felis catus.
Means a member of the species of domestic dog, Canis familiaris.
Means to sell, offer for sale or adoption, advertise for the sale of, barter, auction, give away or otherwise dispose of a dog or cat.
Means a retail establishment where dogs and cats are sold, exchanged, bartered or offered for sale as pet animals to the general public at retail. Such definition shall not include an animal care facility or animal rescue organization, as defined above, or a hobby breeder that (i) offers for sale no more than two litters per year, and (ii) where the consumer can see directly the conditions in which the dogs or cats are bred and (iii) where the consumer can confer in person directly with the breeder concerning those conditions.
[Ord. No. 2017-57]
No pet store shall sell, deliver, offer for sale, barter, auction, give away, or otherwise transfer or dispose of cats or dogs. Nothing in this section shall prohibit pet stores from collaborating with animal care facilities, animal rescue organizations or reputable hobby breeders to offer space for such entities to showcase adoptable dogs and cats. This section shall not apply to any pet store lawfully existing in the Town of Kearny prior to the effective date of this Ordinance No. 2017-57, provided that such pet store is and continues to be at all times in compliance with all federal, state and local laws.
[Ord. No. 2017-57]
If any section, subsection, paragraph, sentence, clause or phrase of this Section shall be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this Section which shall continue in full force and effect, and to this end the provisions of this Section are hereby declared to be severable.
[Ord. No. 2017-57]
Any person(s) who is found to be in violation of the provisions of this Section 9-13 shall be subject to a fine not to exceed $500 per violation. In addition to those set forth in Section 9-16 of Chapter 9, this Section 9-13 shall be enforceable by employees of both the Health Department and the Police Department of the Town of Kearny.
[Ord. No. 2017-57, adopted 10-24-2017]
This section shall become effective 90 days after passage.
[Ord. No. 2017-60]
The purpose of this section is to define and establish applicable standards and restrictions governing the raising, keeping and maintenance of chickens within the Town of Kearny.
[Ord. No. 2017-60]
a.
As used in this section the term Chicken shall mean a female Chicken. The term Chicken shall not include "rooster (s)". Unless provided elsewhere in the Code, the raising, keeping and maintaining of roosters shall not be permitted.
b.
"Raising, keeping and maintenance" of chickens shall not include the slaughtering, plucking and/or the processing of chickens for human consumption, which is expressly prohibited.
[Ord. No. 2017-60]
In no case shall any person or persons be permitted to keep live chickens on their property in the Town, except that no more than four chickens may be kept in the yard of a single family house or two family dwelling, subject to compliance with the terms of this section.
[Ord. No. 2017-60]
In no case shall any person or persons be permitted to raise, keep and/or maintain roosters within the Town.
[Ord. No. 2017-60]
In no case shall any person or persons be permitted to sell eggs to the public; provided however that this section shall not prohibit licensed stores or markets from selling chicken eggs.
[Ord. No. 2017-60]
a.
No chicken shall be allowed to fly or run at large outside of resident's enclosed property, but shall be confined in a suitable structure or coop as set forth herein.
b.
All chickens must be housed in coops or structures that are properly designed for such use and completely apart from any building used wholly, or in part, for dwelling purposes.
c.
No chicken shall be permitted to free roam or free range outside of the coop or structure.
d.
The house/coop must meet all of the size limitations of an accessory building as may be otherwise provided for in the code of the Town. All plans for such structures and all structures intended for the use of housing of chickens shall be in accordance with the Construction Codes of the Town and shall be reviewed by the Construction Code Official.
[Ord. No. 2017-60]
a.
The structure or coop to house the chicken(s) shall be located in the rear yard and be no closer than 10 feet to a property line. In addition, the structure of the coop shall not be closer than 30 feet to an adjoining habitable residential or commercial building.
b.
A sketch of the location of the house/coop and distances to adjoining properties must be provided upon application for licensing.
[Ord. No. 2017-60]
The following regulations and conditions for the keeping and housing of chickens shall be complied with. The housing of chickens must be the primary purpose of the structure. Notwithstanding any other provisions of this section, chickens must be housed and kept in a manner which will not constitute a public or neighborhood nuisance.
a.
The house/coop must be kept in good repair and in a clean, sanitary condition at all times, and the utilization of a tarp as a portion of the roof structure is not permitted.
b.
The house/coop shall not exceed 60 square feet and a maximum height of six feet. The coop and enclosed run must be made predator-proof and must be surrounded by a six-foot high fence. A wire porch attached to the structure in which chickens are to be kept may be permitted. Such porch shall be at least one foot above the surrounding ground and shall consist of one inch mesh hardware cloth for the floor with any convenient size wire for the sides and top and shall not extend more than four feet from the house or coop. Any perch, run or runway associated with the house/coop shall be included within the 60 square foot limitation.
c.
The house/coop and runway shall be constructed of such materials as to prevent predators (cats, coyotes, fox, bear, raccoons, etc.) and/or rodents from entering therein.
d.
The structure or house/coop shall be dry and well ventilated, with windows so placed, if possible, as to admit sunlight. The house or coop shall have a floor impervious to moisture and waterproof.
e.
The structure or house/coop must be constructed with a surface under the chickens raised off the ground, made of wire, slatted wood or similar materials, designed to allow animal waste to pass through and be collected in trays or impervious material underneath to allow for frequent disposal.
f.
At least once a week, all of the droppings shall be removed from the structure or house/coop and removed from the premises or otherwise disposed of in a manner approved by the Board of Health, so as not to breed flies or create a nuisance.
g.
Drinking fountains in the area where the house or coop is located shall be kept clean and supplied at all times with clean water.
h.
The yard in the area where the house/coop is located shall be clean, free from odors, and dust abatement techniques must be utilized.
i.
All food for immediate consumption shall be placed in suitable feeding troughs or similar containers and all other food shall be stored in animal proof containers at all times, tightly sealed rodent and predator proof container.
j.
Waste shall be handled properly to prevent offensive odors or disposed in an environmentally friendly manner. Runoff waste on adjacent properties shall not be permitted.
[Ord. No. 2017-60]
Under no circumstances shall any chickens be kept or maintained inside a house or multi-family dwelling building.
[Ord. No. 2017-60]
No person shall keep chickens without having first obtained a license from the Town Board of Health. Any license issued herein does not give the Licensee the right to slaughter or "dress" chickens. There shall be an annual fee of $50 and the license shall be renewed on a yearly basis.
[Ord. No. 2017-60]
Applications for the license shall be made to the Town Board of Health, annually. Such application shall set forth the name and address of the applicant at the location of the property for which the license is sought. If the applicant is a tenant, the application must also include the name and signature of the property owner. The application shall also provide a statement of the number of chickens to be kept. There shall also be included a detailed sketch of the location of the house/coop, and a statement that the location of the coop has been preliminary reviewed and approved by the Construction Code Official. Before constructing the coop, the applicant shall obtain any required building permit from the Construction Code Office and/or zoning authorization.
[Ord. No. 2017-60]
Such license shall not be transferable and shall continue in force and effect until the first day of January next ensuing the date of granting thereof.
[Ord. No. 2017-60]
If the above conditions and regulations are not complied with the license shall be revoked.
[Ord. No. 2017-60]
a.
In addition to those set forth in subsection 9-14.16 of this Chapter 9, this Section 9-14 shall be enforced by employees of the Health Department, Police Department and Construction Code Office. Nothing herein shall limit the power of the Health Officer under Ordinance 2017-44 to declare or abate any nuisance associated with chickens.
b.
The Health Officer and/or other enforcing agency are hereby empowered to suspend or revoke the license held by any person who violates any of the provisions of this section. No license shall be suspended or revoked until after a hearing in Municipal Court. A notice of five days, in writing, setting the time and place of such hearing shall be served upon the licensee.
[Ord. No. 2017-60]
Any person who violates any provision of this section shall, upon, conviction thereof, be punished by a fine not exceeding $500 or a period of community service not exceeding 90 days, or any combination thereof as determined by the Municipal Court Judge. Each day on which a violation of this section exists shall be considered a separate and distinct violation and shall be subject to imposition of a separate penalty for each day of the violation as the Municipal Court Judge may determine.
[Ord. No. 2017-60]
Whenever a nuisance is declared under this Section 9-14 on any private plot of land or premises, notice, in writing shall be given to the owner thereof to remove or abate the same within such time as shall be specified therein, but not less than five days from the date of service thereof. This five day minimum is waived in the case of an imminent public health hazard as determined by the Board of Health or its agents or employees. A duplicate of the notice shall be left with one or more of the tenant or occupants of the premises. If the owner resides out of state or cannot be notified speedily, such notice shall be left at that place or premises with the tenants or occupant thereof or posted on the premises, and such actions shall be considered proper notification to the owner, tenant or occupant thereof.
[Ord. No. 2017-60, adopted 12-5-2017]
Those persons maintaining chickens at the time of the passage of the Ordinance No. 2017-60 shall come into compliance with this Section 9-14 no later than 90 days after the effective date of this Ordinance.
[Ord. No. 2017-60]
This section shall take effect upon adoption in accordance with law.