[HISTORY: Adopted by the Mayor and Council
of the Borough of Paulsboro as indicated in article histories. Amendments
noted where applicable.]
[Adopted 4-7-1959 by Ord. No. 408]
A. The words hereinafter defined shall have the meaning
herein indicated for the purposes of this ordinance, as follows:
BOROUGH
The Borough of Paulsboro in the County of Gloucester.
BOROUGH OFFICIAL
Any Borough Code Enforcement Official, Borough Police Department
Officer, Gloucester County Animal Control Officer, the Municipal Clerk,
or other official or person assigned or designated by Mayor and Council.
[Added 3-5-2019 by Ord. No. 05.19]
CAT
Any member of the domestic feline species.
[Added 12-5-1995 by Ord. No. 10.95]
DOG
Any dog, bitch or spayed bitch.
[Amended 12-5-1995 by Ord. No. 10.95]
DOG OF LICENSING AGE
Any dog which has attained the age of seven months or which
possesses a set of permanent teeth.
[Added 12-5-1995 by Ord. No. 10.95]
HARBOR
To allow or accommodate the continuing presence of any dog
on a premises, whether or not claiming ownership or other property
right over the same.
[Added 12-5-1995 by Ord. No. 10.95]
KENNEL
Any establishment wherein or whereon the business of boarding
or selling dogs or breeding dogs for sale is carried on, except a
pet shop.
OWNER
When applied to the proprietorship of a dog, shall mean and
include every person having a right of property in such dog and every
person who has such a dog in his keeping.
PERSON
An individual, firm, partnership, corporation or association
of persons.
PET SHOP
Any room or group of rooms, case or exhibitions pen, not
part of a kennel, wherein dogs for sale are kept or displayed.
POUND
An establishment for the confinement of dogs seized either
under the provisions of this ordinance or otherwise.
SHELTER
Any establishment where dogs are received, housed and distributed
without charge.
STRAY OR ABANDONED ANIMAL
May be construed toward the effectuating of this ordinance
to mean any domesticated animal, carnivorous or otherwise.
VICIOUS DOG
Any dog which has attacked or bitten any human or which habitually
attacks other dogs or domestic animals.
[Added 12-5-1995 by Ord. No. 10.95]
B. The words "and" and "or" may be used interchangeably,
and either of the two may be applicable, whichever is more conducive
towards the effectuating of the ordinance.
C. Personal pronouns shall mean either the singular or
plural, whichever is applicable and conducive towards the effectuating
of this ordinance.
D. The masculine, feminine or the neuter gender shall
be implied, whichever is appropriate and conducive for the effectuating
of this ordinance.
[Added 3-5-2019 by Ord. No. 05.19]
The Borough Official, as defined
herein, shall enforce the provisions of this chapter. Nothing herein
shall prohibit a private citizen from bringing or signing a complaint
for an alleged violation of this chapter.
[Amended 12-20-1966 by Ord. No. 473; 3-3-1981 by Ord. No.
04.81; 12-5-1995 by Ord. No. 10.95]
A. Every person who shall own, possess, keep or harbor any dog or dogs within the limits of the Borough of Paulsboro shall, on or before the last day of January in each year, obtain an annual license for each such dog and shall have the same registered and numbered with the Borough Clerk and for each such license shall pay the sum of $10 for dogs which are spayed/neutered and $15 for dogs which are nonspayed/nonneutered, which shall include a registration fee as outlined in §
9-25, as a license fee for each and every such dog, and all such license fees shall be paid and collected as hereinafter provided. There will be a late fee of $10 for annual licenses obtained after March 31 of each year.
[Amended 4-2-2013 by Ord.
No. 02.13]
B. No such license or official metal registration tag
for any dog shall be issued unless the owner thereof provides 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 Agriculture
and the United States Department of Health and Human Services or has
been certified exempt as provided by regulations of the State Department
of Health. Such vaccination shall be repeated at intervals as provided
by regulations of the State Department of Health and shall be administered
by a duly licensed veterinarian or by such other veterinarian permitted
by law to do the same. The State Department of Health shall promulgate
regulations providing for the recognized duration of immunity, interval
of inoculation, certificate of vaccination, certificate of exemption
and such other matters related to this ordinance.
Any person who harbors or possesses any dog
for a period of 30 days or more shall, for the purpose of this ordinance,
be deemed to be the owner of the dog or dogs so harbored or possessed.
[Amended 12-5-1995 by Ord. No. 10.95]
Dogs used as guides for blind persons and commonly
known as "seeing eye" dogs, dogs used to assist handicapped persons
and commonly known as "service dogs" or dogs used to assist deaf persons
and commonly known as "hearing dogs" shall be licensed and registered
as other dogs hereinabove provided for except that the owner or keeper
of such dog shall not be required to pay any fee therefor.
The owner of a newly acquired dog of licensing
age or of any dog which attains licensing age shall make an application
for a license and registration tag for such dog within 10 days after
such acquisition or age attainment.
All applications for dog licenses shall be made
to the Borough Clerk of the Borough of Paulsboro, who shall provide
a book for the purpose of registering the name of the person or persons
owning, keeping, possessing or harboring any dog or dogs, and the
name of each dog registered, and its number shall be entered therein,
and numbers for each application for registration of such dog or dogs
shall be in the order in which the applications are made. The application
shall state the breed, sex, age, color and markings of the dog for
which license and registration are sought, and whether it is of a
long- or short-haired variety; also the name, street and post-office
address of the owner and the person who shall keep or harbor such
dog. The information on said application and the registration number
issued for the dog shall be preserved for a period of three years
by the Borough Clerk. In addition, he shall forward similar information
to the State Department of Health each month, on forms furnished by
said Department.
[Amended 12-5-1995 by Ord. No. 10.95]
The owner of every dog shall pay the license
fees hereinbefore provided to the Borough Clerk on or before the last
day of January in each year, and upon receipt of said license fee
or fees, as the case may be, the Borough Clerk shall thereupon issue
to each person paying such license fee or fees a license for the keeping
of such dog or dogs, which license shall contain the name and address
of the owner of such dog or dogs and a description of the dog, indicating
name, breed, sex, age and markings, and also the number of such license,
and shall bear the signature of the Borough Clerk. All such licenses
shall expire on the last day of January in each year. The Borough
Clerk shall also issue for each dog licensed a numbered metal tag,
designated as a registration tag, which tag shall be securely attached
to a strap or collar worn around the neck of each dog so licensed,
and each tag shall have marked thereon the words "Licensed Dog, Paulsboro,
N.J.," with the year for which it is issued. The Borough Clerk may
issue substitute tags upon proof, in writing, from the owner or member
of the owner's household above the age of 14 years, sufficient to
satisfy the Borough Clerk of the loss of the original tag. Any owner
so obtaining such substitute tag or tags shall pay an additional registration
fee of $0.50 for each and every substitute tag. All license forms
and registration tags shall be issued in accordance with N.J.S.A.
4:19-15.3.
Every person who shall own, keep, possess or harbor any dog or dogs in the Borough of Paulsboro, who shall neglect or refuse to cause such dog or dogs to be licensed in the manner herein provided on or after the last day of January in each year, shall be guilty of a violation of this ordinance. Provided, however, that any owner of a dog bringing a dog into the Borough of Paulsboro which had been licensed in another state for the current year and bearing a registration tag, who shall keep the same or permit the same to be kept within the Borough of Paulsboro for a period of more than 90 days, shall immediately apply for a license and registration tag for each such dog unless such dog be licensed under §
9-11 hereof; and provided further that any person who shall bring or cause to be brought into the Borough of Paulsboro any unlicensed dog and shall keep the same or permit the same to be kept within the Borough of Paulsboro for a period of more than 10 days shall immediately apply for a license and registration tag for each such dog unless the dog be licensed under §
9-11 hereof.
No person, except an officer in the performance
of his 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.
Any dog owner who shall suffer or permit any unlicensed dog to run at large or who shall suffer or permit any dog, whether licensed or not, to run at large without the tag provided for in §
9-6 of this ordinance, or who shall cause or permit any unlicensed dog to wear such a tag, shall be guilty of a violation of this ordinance.
The annual license fee for a kennel providing
accommodations for 10 or fewer dogs shall be $10 per year, and for
more than 10 dogs, $25 per year. The annual license fee for a pet
shop shall be $10 per year. No fee shall be charged for a shelter
or pound.
No dog kept in a kennel, pet shop, shelter or
pound shall be permitted off such premises except on a leash or in
a crate or other safe control.
[Amended 12-5-1995 by Ord. No. 10.95]
A. Any dog or dogs not licensed pursuant to the provisions
of this ordinance shall be subject to seizure by the duly appointed
Borough Official or any other person or corporation appointed for
the purpose by the Borough Council and, if not redeemed as hereinafter
provided, may be offered for adoption or killed by any approved humane
method or otherwise disposed of, and any dog who shall not have securely
fixed or fastened to its neck a tag issued with the license for such
dog shall be deemed unlicensed and subject to seizure. All dogs seized
pursuant to the provisions of this section shall be impounded in a
place designated by the Borough Council as the dog pound and shall
be there kept until disposed of in accordance with this ordinance.
[Amended 3-5-2019 by Ord. No. 05.19]
B. Any person authorized by the governing body may cause
an animal to be destroyed in a manner causing as little pain as possible
and consistent with the provisions of N.J.S.A. 4:22-19 or offered
for adoption seven days after seizure, provided that:
(1) Notice is given as set forth above and the animal
remains unclaimed;
(2) The owner or person keeping or harboring the animal
has not claimed the animal and paid all expenses incurred by reason
of its detention, including maintenance costs not exceeding $4 per
day; or
(3) The owner or person keeping or harboring a dog which
was unlicensed at the time of seizure does not produce a license and
registration tag for the dog.
C. At the time of adoption, the right of ownership in
the animal shall transfer to the new owner. No dog or other animal
so caught and detained or procured, obtained, sent or brought to a
pound or shelter shall be sold or otherwise made available for the
purpose of experimentation. Any person who sells or otherwise makes
available any such dog or other animal for the purpose of experimentation
shall be guilty of a disorderly persons offense.
D. After observation, any animal seized under this section
suspected of being rabid shall be immediately reported to the executive
officer of the local Board of Health and to the Department of Health.
Any person owning, keeping or harboring any
dog, whether the dog be licensed or unlicensed, who shall suffer or
permit said dog to run at large in or about the streets, highways
or public places of the Borough of Paulsboro, or to run at large upon
lands and premises of any person other than the owner or persons in
possession of said dog without permission of said landowner first
obtained in writing, shall be guilty of a violation of this ordinance.
No person owning, keeping or harboring any dog
shall suffer or permit the same to be upon the public streets or in
any public places of the Borough of Paulsboro unless such dog is accompanied
by a person of such age and such mental and physical capacity that
he or she is able to control said dog by leash, provided always in
any case that there shall be a leash control of such dog by an adequate
leash with not more than six feet thereof extended between the person
in control of such dog and the dog itself.
[Amended 3-5-2019 by Ord. No. 05.19]
The Borough Official shall take into custody
and impound, or cause to be taken into custody or impounded, and thereafter
destroyed or disposed of, as provided in this section:
A. Any dog off the premises of the owner or the person
keeping or harboring said dog, which said official or his agent or
agents have reason to believe is a stray dog.
B. Any dog off the promises of the owner or of the person
keeping or harboring said dog without a current registration tag on
his collar.
C. Any female dog in season off the premises of the owner
or of the person keeping or harboring said dog.
A. If any dog so seized wears a collar or harness having
inscribed thereon or attached thereto the name and address of any
person, or a registration tag, or the owner or the person keeping
or harboring said dog is known, the Borough Official shall forthwith
serve on the person whose address is given on the collar, or on the
owner or the person keeping or harboring said dog, if known, 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
the service of the notice.
[Amended 3-5-2019 by Ord. No. 05.19]
B. A notice under this section 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 post in a certified letter
addressed to that person at his usual or last known place of abode
or to the address given on the collar.
C. When any dog so seized has been detained after seven
days after notice, when notice can be given as above set forth, or
has been detained for seven days after seizure when no notice has
been given, as above set forth, and if the owner or person keeping
or harboring said dog has not claimed said dog and paid all expenses
incurred by reason of its detention, including maintenance not exceeding
$1 per day, and if the dog be unlicensed at the time of the seizure
and the owner or person keeping or harboring said dog has not produced
a license and registration tag for said dog, the Borough Official
may cause the dog to be destroyed in a manner causing as little pain
as possible.
[Amended 3-5-2019 by Ord. No. 05.19]
A. Enforcement. Any Borough Code Enforcement
Official, Borough Police Department Officer, Gloucester County Animal
Control Officer, the Municipal Clerk, or other official or person
assigned or designated by Mayor and Council shall enforce the provisions
of this chapter. It shall be the duty of the Borough Officials, as
defined herein, to respond promptly to the call of any citizen who
reports any violation hereof. Nothing herein shall prohibit a private
citizen from bringing or signing a complaint for an alleged violation
of this chapter.
B. Animal cruelty investigations. Gloucester
County Animal Control Officials (GCACO), or other designees, may investigate,
and/or require compliance for violations pursuant to N.J.S.A. 4:22.
In the event the GCACO, or designee sees or recognizes a potential
criminal situation, or the need arises where a criminal investigation
is warranted; the GCACO shall contact and report to the Municipal
Humane Law Enforcement Officer for further action. The GCACO may continue
to contribute to the investigation requested or required.
[Amended 4-15-1975 by Ord. No. 575; 10-3-2000 by Ord. No.
09.00]
No person shall own, possess or harbor any pet
animal or pet bird that frequently or for continued duration makes
sounds that create a noise disturbance across a residential real property
line. For the purpose of this section, a barking dog creates a noise
disturbance when such barking is continual for ten minutes or intermittent
for 30 minutes unless provoked.
[Amended 12-5-1995 by Ord. No. 10.95]
The local Board of Health shall, on or before
September 1 of each year, cause a canvass to be made of all dogs owned,
kept or harbored within the limits of the Borough of Paulsboro and
shall report to the Borough Clerk and to the Secretary of the Board
of Health of the Borough of Paulsboro and to the State Department
of Health the result thereof, setting forth in separate columns the
names and addresses of persons owning, keeping or harboring said dogs,
the number of unlicensed dogs owned, kept or harbored by each of said
persons, together with a complete description of each of said unlicensed
dogs and the approximate age thereof.
A. License fees and other moneys collected or received
under the provisions of this ordinance, except registration tag fees,
shall be forwarded to the Treasurer of the Borough of Paulsboro within
30 days after 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 liable to seizure under this ordinance;
for local prevention and control of rabies; for providing antirabic
treatment under the direction of the local Board of Health for any
person known or suspected to have been exposed to rabies; for payment
of damage to or losses of poultry or domestic animals, except dogs
and cats, caused by a dog or dogs. 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 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 total amount
paid into said special account during the last two fiscal years next
preceding.
B. The registration tag fee of $1 for each dog shall
be forwarded within 30 days after collection by the Borough Clerk
to the State Department of Health.
[Amended 12-20-1966 by Ord. No. 473; 12-5-1995 by Ord. No.
10.95]
[Amended 3-5-2019 by Ord. No. 05.19]
Any person who shall in any way hinder or interfere
with the Borough Official, police officers or officials, canvassers
or any other peace officers in the performance of their duty under
the provisions of this ordinance, or who shall refuse to give information
to any person making the canvass herein provided for, or who shall
take a dog from the dog pound being therein subject to the jurisdiction
of the Borough of Paulsboro, except upon redeeming such dog in the
manner as provided by this ordinance, or who shall break or injure
such dog pound, shall be deemed to have violated the provisions of
this ordinance.
Any officer or agent authorized or empowered
to perform any duty under this ordinance is hereby authorized to go
upon any premises to seize for impounding any dog or dogs which he
may lawfully seize or impound when such officer is in immediate pursuit
of such dog or dogs, except upon the premises of the owner of the
dog if said owner is present and forbids the same.
Whenever a proclamation shall be made by the
Mayor of the Borough of Paulsboro pursuant to a resolution of the
Borough Council requiring the muzzling of dogs, no person owning,
keeping, possessing or harboring any dog shall permit or suffer such
dog to run at large in any of the streets, highways, alleys or public
places of the Borough of Paulsboro during the time provided for in
such proclamation, unless such dog is securely muzzled.
Any person who shall abandon or leave uncared
for any dog, cat or other domestic animal upon any street, highway,
alley or other public place in the Borough of Paulsboro, or upon lands
and premises owned or occupied by any person other than the owner
or person in possession of such dog, cat or other domestic animal,
shall be guilty of a violation of this ordinance. It shall also be
unlawful for any person to abandon or leave without proper care any
dog, cat or other domestic animal even though it be left abandoned
upon lots and premises owned or occupied by the person in possession
of such dog, cat or other domestic animal.
[Amended 7-5-1961 by Ord. No. 427; 10-21-2003 by Ord. No.
12.03]
Every person convicted of violating any of the
provisions of this ordinance shall pay a fine of $50 for the first
offense and $100 for the second offense. For a third or subsequent
offense, the fine shall be not less than $100 nor more than $500 for
each conviction.
A. The Judge of the Municipal Court of the Borough of
Paulsboro, or any person duly designated to sit in his stead, is empowered
by this ordinance, upon the filing of a complaint in writing alleging
that the violation of this ordinance has occurred, which complaint
may be made upon information and belief, to issue process. The process
shall be either in the nature of a summons or warrant, which warrant
may issue without any order of the court first being obtained against
the person so charged, which process when in the nature of a warrant
shall be returnable forthwith, and when in the nature of a summons
shall be returnable in not less than five days nor more than 15 entire
days. The process shall state what provision of this ordinance or
of any statute pertaining to the subject matter hereof has been violated
by the defendant or defendants. The court having jurisdiction may
at all times amend all defects and errors in the complaint and process
issued hereunder.
B. Any officer authorized by law to serve and execute
process in the court in which the proceeding is brought hereunder
may serve and execute all process and proceedings for violations of
any of the provisions of this ordinance or of the laws and statutes
relating thereto.
C. On the return of process issued pursuant to this section
or at any time at which the trial shall be adjourned, the court, without
filing of any pleadings, may proceed to hear the testimony in a summary
manner without a jury and give judgment for the plaintiff for the
penalty and costs, or for the defendant if the facts warrant an acquittal.
D. Wherever and whenever in any proceeding brought hereunder
the rules governing practice in the local criminal courts of New Jersey
(Rule 8:1 through 8:13-10) are applicable, such rules shall control
and govern the proceedings.
If any section, paragraph, subsection, clause
or provision of this ordinance shall be declared by a court of competent
jurisdiction to be invalid, such decision shall not affect the validity
of this ordinance as a whole or any other part thereof.
All ordinance or parts of ordinances inconsistent
herewith are hereby repealed.
This ordinance shall take effect immediately
upon final passage and publication according to law.
[Added 12-5-1995 by Ord. No. 10.95]
No person shall abandon or leave without 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, cat or other domestic
animal shall perform or fail to perform any act that would jeopardize
the health and welfare of the animal.
[Added 6-3-1998 by Ord. No. 04.98; amended 11-14-2005 by Ord. No. 19.05]
A. Definitions. For the purpose of this ordinance, the
following terms, phrases, words and their derivations shall have the
meanings stated herein unless their use in the text of this chapter
clearly demonstrates a different meaning. When not inconsistent with
the context, words used in the present tense include the future, words
used in the plural number include the singular number, and words used
in the singular number include the plural number. The word "shall"
is always mandatory and not merely directory.
IMMEDIATE
Shall mean that the pet solid waste is removed at once, without
delay.
OWNER/KEEPER
Any person who shall possess, maintain, house or harbor any
pet or otherwise have custody of any pet, whether or not the owner
of such pet.
PERSON
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
PET
A domesticated animal (other than a disability assistance
animal) kept for amusement or companionship.
PET SOLID WASTE
Waste matter expelled from the bowels of the pet; excrement.
PROPER DISPOSAL
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 designated to convey domestic sewage for proper treatment
and disposal.
B. Requirement for disposal. 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.
C. Exemptions. 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.
D. Enforcement. The provisions of this article shall
be enforced by the Police Department and/or the Code Enforcement Officer
of the Borough of Paulsboro.
E. Violations and penalties. Any person(s) who is found
to be in violation of the provisions of this ordinance shall be subject
to a fine not to exceed $250.
F. Severability. Each section, subsection, sentence,
clause and phrase of this ordinance is declared to be an independent
section, subsection, sentence, clause and phrase, and the finding
or holding of any such portion of this ordinance to be unconstitutional,
void, ineffective for any cause, or reason, shall not affect any other
portion of this ordinance.
[Added 12-5-1995 by Ord. No. 10.95]
No person owning, keeping or harboring a dog
shall permit or suffer it to do any injury or to do any damage to
any lawn, shrubbery, flowers, grounds or property.
[Added 12-5-1995 by Ord. No. 10.95]
A. In addition to the fee charged pursuant to §
9-2 of this ordinance and forwarded to the Department of Health pursuant to §
9-25 of this ordinance, any person applying for the license and registration tag pursuant to §
9-2 of this ordinance shall pay an additional fee of $0.20 for any dog.
B. All fees collected pursuant to the provisions of this
section shall be forwarded to the State Treasurer to be placed in
the Pilot Clinic Fund created pursuant to N.J.S.A. 4:19A-14 to be
used by the Commissioner of Health for the operation of the animal
sterilization pilot clinic established pursuant to that act.
[Added 11-14-2005 by Ord. No. 20.05]
An ordinance to prohibit the feeding of unconfined
wildlife in any public park or on any other property owned or operated
by the Borough of Paulsboro, so as to protect public health, safety
and welfare, and to prescribe penalties for failure to comply.
A. Definitions. For the purpose of this ordinance, the
following terms, phrases, words and their derivations shall have the
meanings stated herein unless their use in the text of this chapter
clearly demonstrates a different meaning. 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.
FEED
To give, place, expose, deposit, distribute or scatter any
edible material with the intention of feeding, attracting or enticing
wildlife. Feeding does not include baiting in the legal taking of
fish and/or game.
PERSON
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
WILDLIFE
All animals that are neither human nor domesticated.
B. Prohibited conduct. No person shall feed, in any public
park or on any other property owned or operated by the Borough of
Paulsboro, any wildlife, excluding confined wildlife (for example,
wildlife confined in zoos, parks or rehabilitation centers, or unconfined
wildlife at environmental education centers).
C. Enforcement.
(1) This ordinance shall be enforced by the Police Department
and/or the Code Enforcement Officer of the Borough of Paulsboro.
(2) Any person found to be in violation of this ordinance
shall be ordered to cease the feeding immediately.
D. Violations and penalties. Any person(s) who is found
to be violation of the provisions of this ordinance shall be subject
to a fine not to exceed $1,250.
E. Severability. Each section, subsection, sentence,
clause and phrase of this ordinance is declared to be an independent
section, subsection, sentence, clause and phrase, and the finding
or holding of any such portion of this ordinance to be unconstitutional,
void, ineffective for any cause, or reason, shall not affect any other
portion of this ordinance.
[Adopted 2-4-2020 by Ord. No. 02.20]
As used in this article, the following terms shall have the
meanings indicated.
ANIMAL
Any live vertebrate creature, including mammals, birds, reptiles,
amphibians and fish, but not humans.
ANIMAL CONTROL OFFICER or ACO
A person 18 years of age or older who has satisfactorily
completed the course of study approved by the Commissioner of Health
and Senior Services of the State of New Jersey and the Police Training
Commission as prescribed by Paragraphs (1) through (3) of Subsection
a of Section 3 of N.J. P.L. 1983, c. 525 (N.J.S.A. 4:19-14.16a); or
who has been employed in the State of New Jersey in the capacity of,
and with similar responsibilities to those required of, a certified
animal control officer pursuant to the provisions of N.J. P.L. 1983,
c. 525, for a period of three years before January 17, 1987.
ANIMAL RESCUE ORGANIZATION
An individual or group of individuals who, with or without
salary or compensation, house and care for homeless animals in the
home of an individual or in other facilities, with the intent of placing
the animals in responsible, more permanent homes as soon as possible.
ANIMAL SHELTER
The County of Gloucester facility where dogs, cats, or other
animals are received, housed, given medical and other care, offered
for adoption, or transferred to animal rescue organizations.
AT LARGE
That an animal is off the property of its owner and i) the
animal has entered upon the property of another person without authorization
of that person; or ii) the animal has entered onto public property,
a street or right-of-way, unless that animal is restrained by its
owner, or a person caring for the animal on behalf of the owner, with
a leash of no less than six feet in length, or other physical control
device, such that the animal is under the physical control of the
owner or person caring for the animal on behalf of the owner. Nothing
in this definition is intended to prevent dogs being on training leashes
or on retractable leashes or being engaged in other appropriate activities
under adequate, responsible adult supervision where care is taken
to assure control as needed is available to prevent violations of
this article.
CAT
A member of the species Felis catus.
CAT OF LICENSING AGE
Any cat which is not a community cat which has attained the
age of seven months or, if age cannot be determined, a cat which possesses
a set of permanent teeth (only if local code requires cat licensing).
COMMUNITY CAT
Any free-roaming cat that may be cared for by one or more
residents of the immediate area who is/are known or unknown; a community
cat may or may not be feral. Community cats shall be distinguished
from other cats by being sterilized, vaccinated against rabies, microchipped,
ear-tipped. Community cats are exempt from licensing, as well as stray
and at-large provisions of this article, but are subject to nuisance
provisions herein.
COMMUNITY CAT CAREGIVER
A.
Any organization or person authorized by the municipality or
sponsor who, in accordance with a community cat colony program to
trap, neuter, vaccinate for rabies, ear tip and return community cats:
(1)
Neuters, vaccinates for rabies, microchips, ear tips and returns
one or more community cats;
(2)
Provides care, including food, shelter or medical care to the
cat; or
(3)
Has temporary custody of the cat;
(4)
Monitors the authorized cat colony for new cats and maintains
overall awareness of the status of the cat colony and the condition
of the cats therein.
B.
A community cat caregiver shall not be considered to own, possess,
keep or harbor a community cat.
COMMUNITY CAT COLONY
A single community cat or a group of community cats that
congregate together outside as a unit. Although not every cat in a
colony may be feral, any nonferal cats that congregate with a colony
shall be deemed part of it. A community cat colony is sponsored and
maintained by a community cat caregiver authorized by the municipality.
EAR TIPPING
The straight-line cutting of the tip of one ear of a cat
while the cat is anesthetized. Ear tipping the left ear is the best
and universally accepted practice, although in the past cats may have
been ear-tipped on the right ear.
FERAL CAT
A cat that is unsocialized to humans and has a temperament
of extreme fear of, and resistance to, contact with humans. Feral
cats are included in the definition of "community cats," as community
cats may or may not be feral. Feral cats are:
B.
Offspring of socialized or feral cats and not socialized; or
C.
Formerly socialized cats that have been abandoned and have reverted
to an unsocialized state.
HARBOR
The act of caring for and keeping an animal or the act of
providing a premises or residence to which the animal returns for
food, shelter or care, where the caregiver is providing the primary
source of sustenance for the animal for at least 10 days, whichever
time is shorter. Community cat caregivers do not harbor community
cats for the purposes of this article, but are subject to the provisions
of the article pertaining to community cats.
HUMANE TRAP
Any trap used to capture stray dogs or cats that is constructed
so that it does not harm the animal.
MICROCHIP
An electronic animal identification device that is inserted
into an animal, typically on the back between the shoulder blades,
by a veterinarian in accordance with professional medical standards.
NEUTER
To neuter an animal means to have a licensed veterinarian
surgically sterilize the animal. For the purposes of this article,
"neuter" shall mean to neuter a male animal or spay a female animal.
NUISANCE
A.
Disturbing the peace by:
(1)
Habitual or continuous howling, barking, crying or screaming;
(2)
The habitual and significant destruction, accumulation of feces,
desecration or soiling of property against the wishes of the owner
of the property, in particular, the creation of conditions leading
to the breeding of fleas or flies, odors or noises;
(3)
Habitually chasing or otherwise molesting passersby;
(4)
Habitually trespassing upon public or private grounds;
(5)
As defined and prohibited herein and below;
(6)
Or as the case may be under existing local ordinance defining
a nuisance.
B.
For the purposes of this article, "habitually" means occurring
on at least two separate occasions within a time period of one month;
except that "barking, howling, crying or screaming habitually" means
making the sound persistently or continuously for at least 30 minutes
occurring at least three separate times within a period of eight hours.
For the purpose of this article, "persistently" shall mean nonstop
utterances for 30 consecutive minutes with interruption of less than
30 seconds at a time.
OWNER
A.
Any person, household, firm, corporation, or other organization
who:
(1)
Possesses, harbors, keeps, has control of, a legal title to,
a property interest in, or permanent custody of any animal regulated
by this article; or
(2)
For three days or more has temporary custody of, keeps, possesses,
regularly feeds or provides shelter for or exercises control over
any cat.
B.
A person must be age 18 or older to be considered the legal
owner of an animal. If a person under age 18 is considered the custodian
or caretaker of the animal, the parent or legal guardian shall be
considered the legal owner of the animal.
C.
A community cat caregiver is not an owner of community cats
for the purposes of this article but is subject to the provisions
pertaining to community cat caregivers.
SPONSOR
An individual or group of individuals or not-for-profit animal
welfare organization which, after recognition by the municipal governing
body, oversees the implementation and management of community cat
colonies, exercises oversight of community cat colonies authorized
by the municipality, coordinates caregivers, offers services to caregivers
and community cat colonies, and works to resolve community cat nuisance
complaints in accordance with the provisions of this article, and
keeps both the municipality and Gloucester County Animal Control advised
regarding the condition of the colonies under their oversight.
STRAY
Any animal that is found to be at large, whether lost by
its owner or otherwise, or that is on public or private property,
the common areas of apartments, condominiums, mobile home parks or
other multiresidential premises, and that does not have an identification
tag and for which there is no identifiable owner. The term "stray"
shall not be applied to community cats managed in accordance with
this article.
TRAP-NEUTER-VACCINATE-RETURN PROGRAM (TNVR)
A program pursuant to which community cats are humanely trapped,
spayed or neutered, vaccinated against rabies utilizing the three-year
vaccine, and returned to the exact location at which they were trapped.
A cat will receive a microchip as part of a TNVR program.
VETERINARIAN
An individual who is licensed to engage in the practice of
veterinary medicine in the State of New Jersey.
A. No person shall keep an animal on a property in a manner that causes
one or more of the following: unsanitary conditions; accumulation
of feces; infestation by insects or rodents; physical conditions that
unreasonably endanger the health or safety of humans, other domestic
animals, or wildlife.
B. No person shall maintain or feed any animal, domesticated or wild,
in a manner that causes one or more of the following: unsanitary conditions;
accumulation of feces; infestation by insects or rodents; physical
conditions that endanger the health or safety of humans.
C. Community cat colonies shall be permitted, and caregivers shall be
entitled to maintain them, in accordance with the terms and conditions
of this article.
D. TNVR programs shall be permitted in accordance with the terms and
conditions of this article. However, the TNVR program shall not supersede
nor take the place of this article. However, the TNVR program shall
not supersede nor take the place of the provisions, rights and responsibilities
of animal control officers under N.J.S.A. Title 4 and N.J.A.C. 8:23A.
E. Pet owners shall not permit reproductively intact cats to roam at
large.
A. The municipality believes that the safest place for pet cats is indoors.
The municipality also recognizes that community cats, as defined in
this article, are not, in the vast majority of cases, suitable to
be taken indoors as pets, and their home is outdoors. The municipality
further recognizes the need for new, more effective and humane approaches
to addressing the public health challenges presented by community
cats.
B. To that end, the municipality finds that proactive community cat
policies are part of the solution to reducing the numbers of community
cats in the municipality and the high rate of euthanasia of feral
cats in animal shelters.
C. Community cat colonies shall be permitted in the municipality as
part of a community cat management program in accordance with the
following provisions.
The municipality may select a nonprofit 501(c)(3) animal welfare
organization to serve as the sponsor of the community cat program.
The sponsor shall oversee the activities of community cat caregivers
in accordance with a memorandum of understanding between the municipality
and the community cat caregivers. Individuals and organizations may
apply to the sponsor to serve as caregivers.
A. Sponsor requirements. It shall be the duty of the sponsor to:
(1) Review and approve of colony caregivers;
(2) Help to resolve any complaints over the conduct of a colony caregiver
or of cats within a colony;
(3) Maintain records provided by colony caregivers on the size and location
of the colonies as well as the vaccination and spay/neuter records
of cats in the sponsor's colonies; and
(4) Report annually to the municipality and the Gloucester County Animal
Shelter on the following:
(a)
Number of colonies in the municipality;
(b)
Total number of cats in colonies;
(c)
Number of cats and kittens spayed and neutered pursuant to the
TNVR program; and
(d)
Number of cats and kittens placed in permanent homes.
(5) Use due consideration to avoid the taking of rare, threatened or
endangered species under the Endangered and Nongame Species Conservation
Act, N.J.S.A. 23:2A-1 et seq.
B. Community cat caregivers. Community cat caregivers must ensure community
cats are sterilized, vaccinated against the threat of rabies, microchipped,
and ear-tipped, and must cooperate with the municipality and the sponsor
to abate any nuisance.
C. Caregiver requirements. Caregivers are responsible for the following:
(1) Registering the community cat colony with the sponsor;
(2) Taking steps that are reasonably likely to result in the vaccination
of the colony population for rabies utilizing the three-year vaccine
and making reasonable efforts to update the vaccinations on cats that
can be recaptured;
(3) Taking steps that are reasonably likely to result in the spaying/neutering,
by a licensed veterinarian, of at least 90% of the colony population;
(4) Providing the sponsor with pictures of each cat in the colony and
records evidencing that the cats have been vaccinated and spayed/neutered;
(5) Providing food, water and, if feasible, shelter for colony cats;
(6) Observing the colony cats at least twice per week and keeping a record
of any illnesses or unusual behavior noticed in any colony cats;
(7) Obtaining the approval of the owner of any property to which the
caregiver requires access to provide colony care;
(8) In the event that kittens are born to a colony cat, the colony after
they have been weaned, and the placement of the kittens in homes or
foster homes for the purpose of subsequent permanent placement;
(9) Reporting annually to the sponsor on the status of the colony, including
data on the number and gender of all cats in the colony, the number
of cats that died or otherwise ceased being a part of the colony during
the year, and the number of kittens placed in permanent homes as companion
cats; and
(10) Obtaining proper medical attention to any colony cat that appears
to require it.
D. Location of community cat colonies. All managed community cat colonies
must be maintained in compliance with trespassing and property laws.
Community cat colonies shall not be located in an area where the establishment
of a community cat colony would likely create a nuisance for adjacent
property owners or proximate to environmentally sensitive areas critical
to endangered or threatened wildlife species.
E. Requirements for exemptions from certain provisions of this article.
All cats that are part of a municipally approved TNVR or community
cat colony program pursuant to this article must be sterilized, vaccinated
against the threat of rabies, microchipped, and ear-tipped for easy
identification. If these requirements are met, the community cat is
exempted from licensing, stray and at-large provisions of this article.
Trapping of community cats by those who are not community cat
caregivers as defined in this article, sponsors, ACOs, or members
of law enforcement is prohibited unless the person trapping the cats
is doing so for the purpose of providing medical attention for a sick
or injured cat or for the purpose of TNVR. Persons who trap free-roaming
cats for the purpose of TNVR must comply with the provisions of this
article.
A. Injured or sick ear-tipped cats trapped by an ACO. If an ACO traps
an injured or sick ear-tipped cat that requires medical attention,
the ACO shall scan the cat for a microchip. If a microchip is found
which identifies the cat or cat's colony, the officer shall contact
the sponsor or community cat caregiver of the cat who shall then arrange
for medical attention. If the injured or sick cat does not have a
microchip and cannot otherwise be identified by the ACO, the ACO shall
contact the sponsor, who will arrange for the cat to receive medical
attention and return the cat to the appropriate colony or place the
cat in another appropriate placement.
B. Ear-tipped cats inadvertently trapped by an ACO. An ACO who traps
an apparently healthy ear-tipped cat shall immediately release the
cat at the place it was trapped.
C. Ear-tipped cats deliberately trapped by an ACO; community cat caregiver/sponsor
responsible for nuisance abatement. An ACO who deliberately traps
an ear-tipped cat shall scan the cat for a microchip. If a microchip
is found which identifies the cat or cat's colony, or if the officer
is able to identify the cat by another means, the officer shall contact
the sponsor or community cat caregiver of the cat with a description
of the cat, the microchip number, the location where the cat was trapped,
and the nuisance complaint which caused the animal control officer
to set the trap.
D. The requirements of this article notwithstanding, ACOs and police
officers may investigate any nuisance complaint. If an ACO or police
officer determines that an ear-tipped community cat is causing a nuisance
as defined by this article, the ACO or police officer shall contact
the sponsor. The sponsor shall begin the nuisance abatement procedures
within 48 hours and make all reasonable efforts to resolve the nuisance
in as short a time period as possible, not to exceed 30 days. If the
sponsor fails to resolve the nuisance or remove the cat within 30
days, the ACO may remove the cat.
E. If an ACO or police officer reasonably determines that a cat is injured
or poses a significant threat to public health or safety, the officer
may reduce the time that the sponsor has to resolve the complaint,
as necessary to protect the cat and the public health, before taking
further action. In the case of an emergency, the ACO or police officer
may remove the cat, but within 24 hours, the ACO must provide the
sponsor with notice of the cat's whereabouts and allow the sponsor
an opportunity to retrieve the cat for treatment, return, or relocation.
F. Factors to be considered during the nuisance abatement process shall
include:
(1) Health and safety of the public and other domestic animals and/or
pets;
(2) Impact on threatened or endangered species and the general health
of wildlife;
(3) Recognition of the value of community cat colonies and TNVR in managing
community cat colonies;
(4) The availability of devices and strategies to minimize nuisance behavior
by community cats that may have caused the complaint.
The municipality and Gloucester County Animal Control shall
have the following rights:
A. The right to seize or remove cats from a colony or the release location
which have not been vaccinated against rabies and which are demonstrating
signs of rabies or other zoonotic diseases.
B. The right to seize or remove a cat from a colony or release location
which is creating a nuisance, as defined in this article, after the
community cat caregiver and sponsor have been given 30 days to abate
the nuisance or remove and relocate the cat and have failed to do
so. The caregiver must begin nuisance abatement procedures within
48 hours after being notified of a nuisance by an ACO and must take
all reasonable steps to resolve the nuisance in as short a time as
possible, not to exceed 30 days.
C. The right to seize or remove a cat or colony of cats when the community
cat caregiver regularly fails to comply with the colony care requirements
of this article and the sponsor has not been able to obtain a replacement
or substitute caregiver within 30 days of the notice to the caregiver
and sponsor of the failure to comply with this article. If one or
more cats are in danger due to a caregiver's lack of compliance, the
sponsor may work with other local caregivers to find a suitable replacement
caregiver or relocate the cats.
D. Ordinance enforcement. The municipality shall have the following
rights:
(1) The right to seize or remove cats from a colony that have not been
vaccinated against rabies and which are demonstrating signs of the
disease.
(2) The right to seize or remove a cat from a colony that is creating
a nuisance, as defined above, and the caregiver and sponsor have been
given 30 days to remove and relocate the cat and have failed to do
so.
(3) The right to seize or remove a colony of cats when the caregiver
regularly fails to comply with the requirements of this article and
the sponsor has not been able to obtain a replacement or substitute
caregiver within 30 days of the municipality's notice to the sponsor
of the caregiver's failure to comply with this article. The requirements
of this article notwithstanding, animal control officers and police
officers may investigate any nuisance complaint and take enforcement
action they deem necessary to protect the public health and safety.
A. Habitual or continuous howling, crying or screaming. No person shall
permit habitual howling, crying or screaming which would annoy or
disturb a reasonable person. An "annoyance or disturbance," for the
purpose of this section, shall be defined as howling, crying or screaming
continuously for a period of 10 minutes or more or intermittently
for 30 minutes or more. A violation of this section shall subject
the owner of the offending cat to the penalties for a violation of
this article;
B. The habitual and significant destruction, accumulation of feces,
desecration or soiling of property against the wishes of the owner
of the property, in particular, the creation of conditions leading
to the breeding of fleas or flies, odors or noises are prohibited;
C. Habitually chasing or otherwise molesting passersby is prohibited;
D. Habitually trespassing upon public or private grounds is prohibited;
E. Or as the case may be under existing local ordinance defining a nuisance;
F. Damage to property prohibited. No person owning or in control of
a cat shall allow it to damage any lawn, shrubbery, flowers or grounds
of any public park, public building or other public place within the
Borough or upon any private property, or destroy or damage any structure
or equipment on any public park, public building, other public place
or upon any private property;
G. A nonaltered, nonsterilized, or nonvaccinated cat running at large
is prohibited. It shall be a violation of this article for the owner
of any cat or approved TNVR community cat, where such cat has not
been spayed/neutered and vaccinated (and proof is shown thereof by
the owner) and licensed (except as set forth above for licensing exemption)
in accordance with requirements of this article and properly displaying
a tag as required, to allow such cat to run at large within the Borough/municipality.
Any person found to be in violation or found to have failed
to comply with any of the provisions of this article shall, upon conviction
thereof, be subject to a fine of not less than $100 and not more than
$1,000. Each day of such violation or failure to comply shall constitute
a separate offense and, therefore, is not subject to merger either
for the purposes of the violation or imposition of fines and penalties.
All ordinances at variance with this article are hereby repealed.