[Amended 10-14-2008 by Ord. No. 1288-2008]
A. 
No person shall operate a kennel, pet shop, shelter or pound on any premises within the Borough unless approval for that purpose shall have been first secured from the Board, covering the premises to be so used. Nothing in this section shall be construed as limiting the ability of the Borough of Montvale to require an applicant's compliance with all applicable federal, state and local requirements governing such establishments.
B. 
No approval for operating a kennel, pet shop, shelter or pound shall be granted to any person when the keeping or raising of such small animals or operating of such kennel, pet shop, shelter or pound because of the nature or characteristics thereof would be a nuisance or detrimental to the general health of the residents of the neighborhood of the premises sought to be so licensed. Nothing in this section shall be construed as limiting the ability of the Board of Health to require an applicant's compliance with all federal, state and local requirements governing such establishments.
C. 
All applications for a license to operate a kennel, pet shop, shelter or pound shall include proof that the applicant has complied with all state and local requirements, including, without limitation, zoning, building construction, and health and safety standards applicable to such establishments. No license to operate a kennel, pet shop, shelter or pound shall be granted prior to a determination by the Board of Health that the applicant has complied with all applicable requirements. Nothing in this section shall prevent the Board of Health from imposing additional reasonable health and safety requirements on an applicant when, in the discretion of the Board, it is in the best interests of the residents of the Borough to impose such requirements.
D. 
For purposes of this article, any terms not defined herein shall have the meaning(s) set forth in N.J.S.A. 4:19-15.1.
A. 
No person shall keep any small animals in a hutch or coop of a size having less than eight square feet of floor space and being less than two feet in height without special permission from the Board.
B. 
Each hutch or coop shall be dry and adequately ventilated and shall be cleaned daily and rebedded with fresh straw, leaves or other absorbent material.
C. 
No hutch or coop shall be less than 25 feet from any dwelling nor less than eight feet from all adjoining property lines.
No dog kept in a kennel, pet shop or pound shall be permitted off such premises, except on leash or in a crate or other safe control.
[Amended 10-14-2008 by Ord. No. 1288-2008]
A. 
Single-family residence. Except as otherwise provided in this section, no person shall keep more than a total of four cats and/or dogs over the age of six months per household in any single-family residence, including any and all accessory structure(s), in the Borough of Montvale. These restrictions permit a total of four animals per property (for example, three dogs and one cat, or two cats and two dogs), but in no event shall the number exceed a total of four animals per household.
B. 
Multifamily residence. Except as otherwise provided in this section, no person shall keep more than a total of three cats and/or dogs over the age of six months per household in any multifamily residence, including any and all accessory structure(s), in the Borough of Montvale. These restrictions permit a total of three animals (for example, two dogs and one cat, or two cats and one dog), but in no event shall the number exceed a total of three animals per household.
C. 
Exceptions.
(1) 
Proper commercial license. Licensed kennels, pet shops, shelters and pounds shall be exempt from the limitations of this section.
(2) 
Recent litter. Individuals who exceed the allowable number of pets due to a recent litter of cats and/or dogs; provided, however, that any waiver of the allowable number of pets under this section shall be granted for no more than 90 days from the date of birth of said cats and/or dogs. Upon the expiration of this ninety-day waiver period, the owner shall be required to comply with the limitations stated in this section. Only one litter of offspring may be kept on the premises at any one time.
(3) 
Temporary waiver after enactment of section. Individuals exceeding the allowable number of cats and/or dogs at the time of enactment of this section may be permitted, in the discretion of the Board of Health, to retain said cats and/or dogs for a period of no longer than 90 days from the date of enactment of this section in order to provide an opportunity to find alternative placement for said animals. Any individual granted a waiver of the allowable number of pets under this section shall be required to show diligent efforts to find alternative placement for the excess animals. Upon the expiration of any temporary waiver granted pursuant to this section, the owner shall be required to comply with the limitations stated in this section.
(4) 
Pet limit waiver.
(a) 
In extraordinary circumstances, if the strict enforcement of the pet limit may constitute a hardship upon a pet owner, the owner may apply to the Board of Health for a pet limit waiver, not to exceed two additional animals. The Board of Health shall consider the number of additional animals sought to be kept as pets and, consistent with the requirements for the keeping of all pets within the Borough of Montvale, may consider whether the following conditions exist:
[1] 
The dogs and/or cats are kept in the primary residence on the property and are not permitted to run freely outside said residence.
[2] 
The cats and/or dogs are not being kept for any commercial purpose.
[3] 
The additional dogs and/or cats do not create a health risk for the humans or other animals which occupy the residence.
[4] 
The additional dogs and/or cats do not degrade the environment for the surrounding residences.
[5] 
All cats and/or dogs on the property have been properly vaccinated.
[6] 
There is an adequate tick-, flea- or vermin-control program.
[7] 
The animals are not being kept for breeding purposes.
[8] 
The applicant is in compliance with all other provisions of this article.
(b) 
All holders of a pet limit waiver shall submit to inspection by the Borough Health Officer or designated representative periodically, but in no event less than once per year. Repeated refusal to permit inspection by the Health Officer shall result in the immediate revocation of the waiver.
D. 
Penalties. Any violation of this section of this chapter shall subject the offender to a penalty of $250 for each offense. Each day the violation shall continue shall constitute a separate offense.
A. 
No person shall keep any small animal affected with skin mange, cocidiosis, parasitic worms or other diseases contagious to other animals or human beings, and any such small animals so affected shall immediately receive proper medical treatment or be humanely destroyed and the carcass cremated forthwith.
B. 
Any hutch or coop wherein such affected animal is found and all adjoining hutches or coops shall be destroyed or thoroughly disinfected with a germicide approved by the Board and under the direction of the Board.
C. 
The provisions of this section do not apply to any small animal under regular professional treatment by a duly licensed veterinarian, but all said provisions shall fully apply when such treatment shall be discontinued without a full cure having been effected or when such veterinarian shall certify that, in his opinion, such cure cannot be effected.
No person shall allow any small animal to run at large in the Borough, but the same shall be confined to the premises licensed for the keeping thereof at all times.[1]
[1]
Editor's Note: Original Art. XIV of the 1966 Code, Garbage and Refuse, which immediately followed this section, was repealed at time of adoption of Code by the Board of Health (see Ch. 405, General Provisions, Board of Health, Art. I).