[Ord. No. 402-1996-A § 1]
CAT
Shall mean any member of the domestic feline species.
DOG
Shall mean a carnivorous domesticated mammal (canis familiaris),
whether male or female.
DOG OF LICENSING AGE
Shall mean any dog that has attained the age of seven months
or which possesses a set of permanent teeth.
HARBOR
Shall mean to allow or accommodate the continuing presence
of any cats or dogs on a premises, whether or not claiming ownership
or other property right over the same.
OWNER
Shall mean when applied to the proprietorship of a dog or
cat, every person having a property right to such dog or cat in his/her
keeping.
POTENTIALLY DANGEROUS DOG
Shall be defined and provided for in Chapter 307 of the Public
Laws of New Jersey, 1989, as defined in N.J.S.A. 4:19-17 et seq.
[Ord. No. 402-1996-A § 2; Ord. No. 487-2007 § 2]
Every person who shall own, possess, keep or harbor any cat,
dog or potentially dangerous dog of licensing age within the limits
of the Borough shall obtain an annual license for the same and shall
have the same registered and numbered with the Borough Clerk and shall
pay the fees together with a sum now or hereafter required by the
State of New Jersey to be charged for the same.
a. The annual license fee for a dog license may be fixed up to a maximum
of $21, said fee to be set by Council from time to time by resolution,
with the option of scheduling a separate annual fee for spayed and
neutered dogs and for nonspayed and non-neutered dogs.
b. The annual license fee for a cat license shall be $5 for spayed/neutered
cats and nonspayed/nonneutered cats.
c. The annual license fee for a potentially dangerous dog shall be $700.
Any owner of a dog or cat of licensing age who shall bring the
same into the Borough which dog or cat has been licensed in another
state for the current year and bears a registration tag, and who shall
keep the same or permit the same to be kept within the Borough for
a period of more than 90 days, shall immediately after the ninetieth
(90th) day apply for a license and registration tag for the same.
Any person who shall bring or cause to be brought into the Borough
any unlicensed dog or cat of licensing age and shall keep the same
or permit the same to be kept within the Borough for a period of more
than 10 days shall immediately after the tenth (10th) day apply for
a license and registration tag for such dog or cat, unless same is
licensed under Section 8.
[Ord. No. 402-1996-A § 3]
a. All applications for cat or dog licenses shall be made to the Borough
Clerk, who shall provide a book for the purpose of registering the
name of the person owning, keeping, possessing or harboring any cat
or dog, and the name of each animal registered and its number shall
be entered in such book. Numbers for each application for registration
of the same shall be in the order in which the applications are made.
b. The applications shall state the breed, sex, age, color and distinctive
markings of the dog or cat for which license and registration are
sought and, as to dogs, whether it is of a long or short haired variety.
It shall also state the name of street, post office address, and phone
number of the owner or the person who shall keep or harbor same.
c. The information on the application and the registration number issued
for the dog or cat shall be preserved for a period of three years
by the Borough Clerk. In addition, the Borough Clerk shall forward
similar information to the State Department of Health each month on
forms furnished by the Department. Identifying information and proof
of rabies vaccination shall be available for public inspection upon
request.
[Ord. No. 402-1996-A § 4]
a. The owner of every dog or cat shall pay the license fee to the Borough
Clerk on or before the last day of January in each year, and upon
presentation of a current rabies certificate the Borough Clerk shall
issue to each person paying such license fee a license for the keeping
of such cat or dog, which shall contain the name and address of the
owner of such cat or dog, a short description of cat or dog, indicating
the name, breed, sex, age, color, marking, the number of such license
and which shall bear the signature of the Borough Clerk. After March
31st of each year, an additional late charge of $5 shall be charged
for each dog or cat license purchased thereafter.
b. All licenses shall expire on the last day of January each year.
c. The Borough Clerk shall also issue for each dog licensed, a numbered
tag designated as a registration tag, which tag shall be securely
attached to each dog so licensed and shall have marked thereon the
words "Licensed Dog, Woodbine Borough" with the year for which it
is issued.
[Ord. No. 402-1996-A § 5]
The owner of a newly acquired dog or cat of licensing age shall
make applications for licenses and registration tag for such cat or
dog within 10 days after such acquisition. The license fee shall not
be prorated over the course of the year.
[Ord. No. 402-1996-A § 6]
Dogs used as guides for blind persons and commonly known as
"seeing eye" dogs or dogs used to assist deaf persons and commonly
known as "hearing ear" dogs, shall be licensed and registered as other
dogs under the provisions of this section except that the owner or
keeper of such dog shall be not be required to pay any fee.
[Ord. No. 402-1996-A § 7]
Every person who shall own, keep, possess or harbor any cat
or dog in the Borough and who shall neglect or refuse to cause such
cat or dog to be licensed as provided in this section shall be guilty
of a violation of this section. A violation of this section shall
be punishable by a fine of $50 and $30 court cost, payable through
the Violations Bureau in the Borough of Woodbine, unless court appearance
required is noted by an officer in the performance of his duties.
[Ord. No. 402-1996-A § 8]
a. License fees and other money collected or received under the provision
of this section shall be forwarded to the Treasurer of the Borough
within 30 days after the collection or receipt and shall be placed
in a special account separate from any of the other accounts of the
Borough, which funds shall be used for the following purposes only;
for collecting, keeping and disposing of dogs and cats liable to seizure
under this section; for local prevention and control of rabies; to
provide for annual canvass of all dogs and cats in the Borough; for
providing antirabic treatment under this section; for providing antirabic
treatment under the Board of Health for any person known or suspected
to have been exposed to rabies; to administer and enforce the regulation
contained in N.J.S.A. 4:19-1 et seq.; and for payment of damage to
or loss of poultry or domestic animals, except dogs and cats, caused
by a dog or cat. 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 subsection. 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 Borough 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.
b. Any fees required to be charged by the State of New Jersey, or any
department thereof, collected in conjunction with the licensing fees
provided hereof shall be forwarded within 30 days after collection
by the Borough Clerk to such state agency as required by law.
[Ord. No. 402-1996-A § 9]
Any person who harbors or possesses any dog or cat for a period
of 10 days or more shall, for the purpose of this section, be deemed
to be an owner of the dog or cat so harbored or possessed.
[Ord. No. 402-1996-A § 10]
No person except an officer in the performance of his duties
shall remove a registration tag from the collar of any dog without
consent of the owner, nor shall any person attach a registration tag
to a dog for which it was not issued.
[Ord. No. 402-1996-A § 11]
No person owning, keeping or harboring any cat or dog, whether
the same is licensed or unlicensed, shall allow the same to run in
or about the streets, highways or public places of the Borough, or
to run upon lands and premises of another without their permission.
[Ord. No. 402-1996-A § 12]
All persons in control of a dog under leash when upon public
property, any sidewalk or the property of another, shall have with
them a means of retrieving and storing animal feces. Such person shall
immediately retrieve and remove to their own property any fecal matter
passed by the dog onto public property, any sidewalk or the property
of another. The parent or guardian of any juvenile shall be responsible
for the failure of such juvenile to comply with the provisions of
this subsection.
[Ord. No. 402-1996-A § 13]
No person shall abandon or leave with proper care any dog, cat
or other domestic animal upon the streets, highways, public places
in the Borough or upon private lands and premises. No person owning,
keeping or harboring any dog or cat shall perform or fail to perform
any act that would jeopardize the health and welfare of the animal.
[Ord. No. 402-1996-A § 14]
No person owning, keeping or harboring any dog shall allow the
same to be upon public streets or in any public places of the Borough
unless the dog is controlled by a person of such mental and physical
capacity that he/she is able to control the dog in any circumstances.
A leash of not more than six feet in length shall be used to restrain
a dog traveling in a public place.
[Ord. No. 402-1996-A § 15]
Any person owning, keeping or harboring a dog or cat which dog
or cat causes injury to persons, animals, or property of another,
shall be subject to the sanctions set forth in this section, including
the obligation to make restitution for damage to property or medical
expense.
[Ord. No. 402-1996-A § 16]
a. All persons owning, keeping, harboring or possessing any dog or cat
shall confine or restrain such dog or cat such that any barking, howling,
whining or other animal sounds shall be inaudible to persons in dwellings
on adjoining properties between the hours of 11:00 p.m. and 7:00 a.m.
b. Between 7:00 a.m. and 11:00 p.m. no person owning, keeping, harboring
or possessing any dog or cat shall allow such dog or cat to emit repetitive
sounds that are audible to adjoining property owners for unreasonable
periods. It shall not be a defense to a violation of this subsection
that the person(s) in control of the dog or cat was not present when
the repetitive sounds were produced or shall it be a prerequisite
to a prosecution that an adjoining property owner or dweller gave
notice of a violation. Notice and opportunity to cure shall be considered
by the Court when imposing sanctions.
[Ord. No. 402-1996-A § 17]
Any dog or cat not licensed pursuant to the provisions of this
section shall be subject to seizure by the person appointed for this
purpose by the Borough Council and if not redeemed within seven days,
such dog or cat may be destroyed by any approved humane method or
otherwise disposed of; any dog who shall not have securely fixed or
fastened to its neck a numbered tag issued with the license for such
dog shall be deemed unlicensed and subject to seizure.
[Ord. No. 402-1996-A § 18]
No person shall in any way hinder or interfere with any animal
control officers, police officers, officials, canvassers or any other
peace officers in the performance of their duty under the provisions
of this section, nor shall they refuse to give information or give
false information to any person making the canvass provided for in
this section.
[Ord. No. 402-1996-A § 19]
Any officer or agent authorized or empowered to perform any
duty under this section is hereby authorized to go upon any premises
to seize for impounding any dog or cat which he may lawfully seize
or impound when such officer is in immediate pursuit of such cat or
dog, except upon the premises of the owner of the dog or cat if the
owner is present and forbids the same.
[Ord. No. 402-1996-A § 20; Ord. No. 531-2012]
Any person appointed for this purpose by the Borough Council
shall on a biannual basis commencing in 2013 and in every odd year
thereafter cause a canvass be made of all dogs and cats owned, kept
or harbored within the Borough and shall report on or before September
1 of each year to the Borough Clerk and to the local Board of Health,
and to the State Department of Health the result thereof, setting
forth the names and addresses of persons owning, keeping or harboring
unlicensed dogs and cats, the number of unlicensed dogs and cats owned,
kept or harbored by each said person, together with a complete description
of each of said unlicensed dog or cat and the approximate age thereof.
[Ord. No. 402-1996-A § 21]
Any person found guilty of violating any of the provisions of this section, except subsection
5-1.7, unless court appearance is required for subsection
5-1.7, shall upon conviction thereof be punishable by a fine of not less than $50 plus court costs nor more than $500, plus court costs, imprisonment for up to 90 days and shall be ordered, where appropriate, to make restitution, cease an offending act, comply with the provisions of this Act, or surrender their dog or cat for examination. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished for each separate offense by a fine of not less than $100 nor more than $1,000 or imprisonment up to 90 days.
[Ord. No. 535-2012]
a. Dogs must be able to move freely when chained or tethered. The tether
or chain shall be of such length as not to place the animal in any
danger and shall assure that the animal will be confined to the owner's
property. The tether or chain should be tangle free. Dogs must be
equipped with a properly fitting harness or buckle type collar when
chained. The tether must be made of light-weight, durable material
or a chain consisting of not more than 10% of the dog's body
weight.
b. No dogs may be tethered or chained without access to water, food
or proper shelter from the elements.
c. Penalties. A violation of this subsection shall not necessarily be
deemed animal cruelty.
1. Upon a first offense, a warning of said violation with a copy of
this subsection provided to the violator.
2. The violator shall be provided five days to comply with any paragraph
of this provision and thereafter each day of any continued violation
shall be considered a new subsequent violation.
3. Upon a second or subsequent offense, a penalty shall be imposed in accordance with Revised General Ordinance of the Borough of Woodbine, Section
1-5, Chapter
1, General Provisions.
[Ord. No. 521-2010 § 1]
a. Except as provided in Section
5-1B of this chapter, no person shall attract or feed wild and/or stray domestic animals, including but not limited to stray cats; stray dogs; seagulls; Canada geese or skunks within the Borough of Woodbine. Nothing contained herein shall prohibit persons from feeding birds on their private property using bird feeders or other similar receptacles. This section shall not apply to an Animal Control Officer in the performance of his/her official duties or to State and/or Federal wildlife officials in the performance of their official duties.
b. No person shall allow any cat to roam free within the Borough of
Woodbine in a manner to enter upon any area of the Borough designated
by State or Federal agencies as areas reserved for protected or endangered
species of birds or other wildlife.
c. No person shall abandon any animal within the Borough of Woodbine.
[Ord. No. 521-2010 § 1]
Any person who violates any provision of this section shall, upon conviction thereof, be liable for a penalty in accordance with Section
1-5 et seq., of the Code of the Borough of Woodbine.
[Ord. No. 521-2010 § 2]
ANIMAL CONTROL OFFICER
Shall mean the person appointed annually by the Borough Council,
either directly or by interlocal services agreement, to handle the
animal control needs of the Borough of Woodbine.
ANIMAL COORDINATOR
Shall mean the person appointed annually by the Mayor with the advice and consent of the Council to maintain records of feral cats; to recommend caregivers and to do such duties specified in subsection
5-1B.2 as added by subsection
5-1B.6.
CAREGIVER
Shall mean a volunteer, uncompensated person who agrees to
serve to facilitate the TNR Program within the Borough in accordance
with this section and any rules and regulations that may be established
by Borough Council by resolution. A caregiver shall not be deemed
an employee of the Borough and shall hold such volunteer position
at the pleasure of Borough Council and may be removed from or precluded
from holding such volunteer position in the sole discretion of Borough
Council.
EAR TIPPING
Shall mean the marking of the cat's ear through a surgical
procedure performed by qualified personnel.
FERAL CAT
Shall mean any cat that is not licensed in accordance with
Borough Ordinances and is free roaming as part of an identifiable
colony of such cats, which may consist of several cats or a single
cat.
[Ord. No. 521-2010 § 2]
The Borough may establish a fund or provide services to offset
the costs of trapping, neutering, and vaccinating captured feral cats
that can be returned to an appropriate, controlled, protected and
registered colony site. Caregivers for such colonies, whether one
or several animals, may be aided by the Borough in providing traps
for the capture of the cat, transportation to a spay/neuter facility
and offsetting costs, to the extent that funding is available.
[Ord. No. 521-2010 § 2]
Each feral cat colony shall be registered by the caregivers
with the Borough's Animal Coordinator, who will serve as a clearinghouse
for information on current caregivers, education for new caregivers,
and assistance for persons found in violation of this section.
[Ord. No. 521-2010 § 2]
Ear tipping shall be used on feral cats in order to be identified
as a spayed or neutered and vaccinated member of a managed colony.
[Ord. No. 521-2010 § 2]
Any person or caregiver determined to be in violation of paragraphs a through i below, shall be issued a written warning and be allowed a period of time in the discretion of the Animal Control Officer, but not longer than 90 days, to come into compliance, or provide satisfactory evidence of working to achieve compliance. Failure to comply shall result in a violation of this section, which may result in the issuance of a citation and fine in accordance with subsection
5-1A.2. Caregivers of feral cat colonies shall implement proper management and sterilization practices, as well as seek the assistance of the Animal Control Officer and/or Animal Coordinator as follows:
a. Sterilize (spay/neuter) all adult cats that can be captured.
b. Vaccinate, as required by law, all cats that can be captured against
rabies, preferably with a three-year vaccine, and any other infectious
disease as mandated by law.
c. Make every attempt to remove kittens from the colony before eight
weeks of age for domestication and placement.
d. Make every attempt to remove sick or injured cats from the colony
for immediate veterinarian care or humane euthanasia.
e. Assure responsibility and arrangements for feeding the cat colony
regularly throughout the year, including weekends, holidays and vacations
of the feral cat caregiver. Feeding on caregiver's property of
feral cats managed by such caregiver shall not constitute a violation
of the prohibition section of R.G.O. 4-33.1.
f. Make every attempt to "ear tip" all cats with a single cut preferably
on the left ear and arrange for the implantation of an identification
microchip for each cat in the colony. If this is not practicable under
the circumstances, photographic documentation adequate to identify
the cat shall be obtained.
g. Maintain proof of sterilization, vaccination, ear tipping and implantation
of microchip and medical records for all cats. These records must
be provided to the Animal Coordinator upon request.
h. Register the feral cat colony with the Animal Coordinator for the
Borough of Woodbine.
i. Execute all documents required by the Borough which may be established
by this section or by Resolution by the Borough Council.
[Ord. No. 521-2010 § 2]
No feral cat colony shall be permitted to be established in
any area designated by State or Federal agencies as areas reserved
for protected or endangered species of birds or other wildlife or
any Federal, State or locally designated park or preserve utilized
for recreation.
[Ord. No. 521-2010 § 2]
The Borough Council shall have the authority to adopt further
rules and regulations applicable to the TNR Program to the extent
that the same are consistent with and do not modify the provisions
of this section.
[Ord. No. 521-2010 § 2]
A cat owned by a person or family shall not be considered a feral cat under this section and such owner shall be obligated to comply with the provisions of subsection
5-1.2.
[Ord. No. 521-2010 § 2]
Section
5-1A et seq., and 5-1B et seq., shall expire at midnight on December 31, 2013, unless an appropriate amendment to this section is adopted by the Borough Council prior to such time and date.
[Ord. No. 521-2010 § 2]
If any portion of this section is determined to be invalid by
a Court of competent jurisdiction, that determination shall have no
effect upon the remainder of this section, which shall remain valid
and operable.
[Ord. No. 521-2010 § 2]
All ordinances or parts of ordinances inconsistent with this
section, to be extent of such inconsistencies only, be and the same
are hereby repealed.
[Ord. No. 521-2010 § 2]
This section shall take effect immediately upon final passage
and publication as provided by law.
[Ord. No. 11 § 1]
It shall be unlawful to allow horses or cattle to run at large
within the limits of the Borough of Woodbine.
[Ord. No. 11 § 2]
It shall be the duty of the law enforcement officer, and unlawful
for any other person or persons, to take and impound all horses or
cattle found running at large within the limits of the Borough of
Woodbine, and that said horses or cattle so impounded may be redeemed
by the owner upon paying to the law enforcement officer a fee of $1
(one-half of which shall go to the person impounding such animal)
besides $0.50 per day for each day such animal shall be kept in the
pound for the keep of such animal while so impounded, and that, if
such horse or other animal so impounded shall not be redeemed within
10 days after being so impounded, the law enforcement officer shall
sell such horse or other animal at public sale by giving five days'
notice of the time and place of the sale by posting the notices in
three public places within the Borough of Woodbine, the proceeds of
the sale to be given to the owner of the horse or other animal after
deducting the costs hereinbefore prescribed besides $1 for conducting
the sale.