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Township of Hamilton, NJ
Mercer County
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Table of Contents
Table of Contents
Definitions: For purposes of this chapter, the following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
ANIMAL
Any live vertebrate creature including mammals, birds, reptiles, amphibians and fish, but not humans.
ANIMAL CONTROL OFFICER (ACO)
See N.J.S.A. 4:19-15.1 et seq. as same may be amended.
ANIMAL RESCUE ORGANIZATION
A group or organization, which, with or without salary or compensation, house, provide necessary medical care for and feed homeless or unlicensed animals in a home or facility, with the intent of placing the animals in permanent homes as soon as one becomes available. The organization shall be classified as a not-for-profit organization which has been granted tax-exempt status under § 501(c)(3) of the United States Internal Revenue Code.
ANIMAL RESCUE ORGANIZATION FACILITY
The home or facility in which an animal rescue organization houses and cares for animals.
ANIMAL SHELTER
Any establishment where dogs, cats, or other animals are received, housed and adopted out, but not a pet store.
AT-LARGE
An animal is considered "at large" when said animal is off the property of its owner and:
A. 
Has entered the property of another person without that owner's authorization; or
B. 
Has entered onto public property, street or right-of-way.
This definition does not apply if the animal is restrained by its owner, or a caretaker, 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 caretaker.
Nothing in this definition is intended to prevent dogs from being on training leashes or retractable leashes or engaging in other appropriate activities under adequate, responsible supervision where care is taken to assure control as needed to prevent violations of this chapter.
BITE
To seize especially with teeth or jaws so as to enter, grip, or wound. The Dunbar Scale shall be relied upon to determine the severity.
CAT
A member of the species felis catus, both male and female.
CAT OF LICENSING AGE
Any cat, which is not a community cat, reaching the age of seven months or, if age cannot be determined, a cat which possesses a set of permanent adult teeth.
COMMUNITY CAT
Any free-roaming cat, which may or may not be feral, with a known caretaker. Community cats shall be distinguished from other cats through ear-tip and sterilization. These cats are exempt from the licensing, stray and at-large provisions of this chapter.
COMMUNITY CAT CAREGIVER
Any person who, in accordance with a community cat management/TNVR (Trap Neuter Vaccinate Release) program will work to trap, sterilize, vaccinate for rabies, ear-tip then return free-roaming cats or feral cats to the area in which they were trapped. A caregiver shall not be considered an owner of a community cat. A caregiver shall not possess, keep or harbor a community cat. A community cat caregiver is not an owner of community cats for the purpose of this chapter but is subject to the provisions pertaining to community cat caregivers.
COMMUNITY CAT COLONY
A single community cat or a group of community cats that congregate together outside as a unit. Any non-feral cat(s) that congregate with a colony shall be deemed part of the colony.
DOG
A member of the species canis lupus, both male and female.
DOG OF LICENSING AGE
Any dog, reaching the age of seven months or, if age cannot be determined, a dog which possesses a set of permanent adult teeth.
EARTIPPING/EAR-TIPPED
The straight-line cutting of the tip of one ear of a cat, while the cat is anesthetized for spay or neuter. The left ear is the universally accepted practice: although in the past a cat's right ear may have been tipped.
FERAL CAT
A cat with no owner, which is unsocialized and undomesticated, with a temperament of extreme fear of, and resistance to contact with humans. Feral cats can be considered community cats and are typically born in the wild, or are unsocialized offspring of socialized or feral cats who through abandonment, reverted to an unsocialized state.
FOSTER HOME
Placement of an animal by an animal rescue organization with a caretaker, who may be an individual or group, for the purpose of providing temporary care for an animal, without the caretaker assuming ownership, and with the intent that the caretaker relinquishes the animal to the animal rescue organization or a suitable owner upon one being located. A foster home may provide care to an animal without the effect of the fostered animal counting toward the household pet limit, however a foster home must comply with all other aspects of this chapter.
FREE-ROAMING CAT
Any cat that is not confined in a house or other type of enclosure. This includes pets, strays and feral cats.
HABITUALLY
A minimum of two separate occasions within a time period of 30 days. Howling, barking, squawking, crying, or screaming by an animal habitually, means making the sound persistently for at least 30 minutes on two separate days within a thirty-day period. See also "Persistently".
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. Community cat caregivers do not harbor community cats for the purposes of this chapter.
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.
MICROCHIP
An electronic identification device inserted into an animal, typically between the shoulder blades, by a veterinarian in accordance with professional medical standards.
NEUTER
The act of surgically sterilizing a male animal by a licensed veterinarian.
NUISANCE
As defined in § 317-1 et seq.
OFFER FOR SALE
To sell, offer for sale or adoption, advertise for the sale of, barter, auction, or give away an animal.
OTHER ANIMALS
Any other domesticated animal or household pet, including horses.
OUTDOOR CAT
Domesticated owned cats which are allowed to free-roam.
OWNER
Any person, household, firm, corporation, or other organization who possesses a legal title to, a property interest in, or permanent custody of any animal regulated by this chapter, this definition does not include a foster or foster home.
PERSISTENTLY
Non-stop utterances for 30 consecutive minutes with interruption of less than 30 seconds at a time. See also "Habitually".
PET SHOP
Any place of business which is not part of an animal shelter or animal rescue organization facility, wherein animals, including, but not limited to, dogs, cats, birds, fish, reptiles, rabbits, hamsters or gerbils, are kept or displayed chiefly for the purpose of sale to individuals for personal appreciation and companionship rather than for business or research purposes.
POTENTIALLY DANGEROUS DOG
Any dog declared potentially dangerous pursuant to the criteria set forth in N.J.S.A. 4:19-23, as same may be amended.
PROPER SHELTER
A structure that:
A. 
Is sufficiently ventilated and insulated to protect an animal from weather and provide refuge from precipitation, wind, extreme temperature and/or direct sunlight; and
B. 
Is fully enclosed with walls on three sides, with a fourth wall having an entranceway low enough to allow the animal to enter and exit comfortably, but not so large as to allow all heat to escape in cold temperatures; and
C. 
Has a solid, waterproof roof; and
D. 
Has a solid floor that does not sag under the animal's weight; and
E. 
Has a door or flap covering the entranceway during temperatures of 40° or below; and
F. 
Is positioned at a sufficient elevation to prevent water from running into the structure; and
G. 
Is small enough to retain the animal's body heat in cold weather and large enough for the animal to stand, turn around and lay down in comfortably; and
H. 
Is sturdy, structurally sound and in good repair; and
I. 
If it contains bedding such bedding shall be clean and dry; and
J. 
Is surrounded by an area of at least five feet that is clear of debris, feces, and urine.
SPAY
The act of surgically sterilizing a female animal by a licensed veterinarian.
STRAY
Any animal found to be at-large, whether lost by its owner or otherwise, or that is in the common areas of apartments, condominiums, trailer parks or other multi-residential premises, and that does not have identification tag or microchip and for which there is no identifiable owner.
SUFFICIENT FOOD
Access to uncontaminated, palatable food, appropriate for the species of animal, on a regular, ongoing basis in quantities sufficient to maintain a regular body weight.
SUFFICIENT WATER
Access to clean, potable water on a regular, ongoing basis in quantities sufficient to prevent the animal from experiencing dehydration.
TRAP-NEUTER-VACCINATE-RETURN (TNVR) PROGRAM
A program in which community feral and stray cats are humanely trapped, spayed or neutered, vaccinated against rabies, ear-tipped and returned to the location at which they were trapped.
TRAP/HUMANE TRAP
Any trap used to capture animals that is constructed so that it does not harm the animal and that is regularly monitored.
VACCINATION
Treatment with a vaccine to produce immunity against a disease; inoculation.
VETERINARIAN:
An individual who is licensed to engage in the practice of veterinary medicine in the State of New Jersey.
VICIOUS DOG
Any dog declared vicious pursuant to the criteria set forth in N.J.S.A. 4:19-22, as same may be amended.