Editor's Note: Relevant statutory provisions are found in N.J.S.A. 4:19-15.1 et seq.
The Animal Control officer services are provided under agreement with the Humane Society and the Borough of Matawan.
[Ord. No. 08-25; Ord. No. 2015-15]
As used in this chapter:
ANIMAL CONTROL OFFICER
Shall mean any person or agency authorized by the Borough of Matawan to provide animal control services.
CAT
Shall mean any member of the domestic feline species, male, female or altered.
CAT OF LICENSING AGE
Shall mean any cat which has attained the age of seven months or which possesses a permanent set of teeth.
CONTAINER
Shall mean a clean receptacle designed to hold water which is sturdy, hard to tip and suitable to the pet and circumstance.
[Ord. No. 2015-15]
DOG
Shall mean any dog, bitch or spayed bitch.
DOG OF LICENSING AGE
Shall mean any dog which has attained the age of seven months or which possesses a set of permanent teeth.
EXTREME WEATHER
Shall mean temperatures above 85 degrees or below 40 degrees, and depending on the species, age, condition, size and type of each animal, weather warnings and watchers, hurricanes, tornadoes, floods and blizzards.
Ord. No. 2015-15]
IMMEDIATE
Shall mean that the pet solid waste is removed at once, without delay.
KENNEL
Shall mean any establishment wherein or whereon the business of boarding or selling dogs or breeding dogs for sale is carried on, except a pet shop.
LICENSING AUTHORITY
Shall mean the agency or department of the Borough of Matawan, or any designated representative thereof, charged with administering the issuance and/or revocation of permits and licenses under the provisions of this chapter.
NEUTERED
Shall mean a cat, dog or other animal which has been rendered permanently incapable of reproduction as certified by a licensed veterinarian.
OWNER
When applied to the proprietorship of a dog or a cat or other animal, shall mean and include every person having a right of property in such dog or cat or animal and every person who has such dog or cat or animal in his or her care, custody or control, or who knowingly permits a cat to remain on or about any premises occupied by that person.
OWNER/KEEPER
Shall mean 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
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
PET
Shall mean a domesticated animal (other than a disability assistance animal) kept for amusement or companionship.
PET SHOP
Shall mean any place of business which is not part of a kennel, 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.
PET SOLID WASTE
Shall mean waste matter expelled from the bowels of the pet; excrement.
POTENTIALLY DANGEROUS DOG
Shall mean, but is not limited to, any dog or dog hybrid declared to be potentially dangerous and/or vicious by a Municipal Court pursuant to N.J.S.A. 4:19-23.
POUND
Shall mean an establishment for the confinement of animals, including but not limited to dogs or cats, seized either under the provisions of this act or otherwise.
PROPER DISPOSAL
Shall mean 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 designed to convey domestic sewage for proper treatment and disposal.
SHADE
Shall mean an area out of the direct sunlight or an area having the direct sunlight blocked during the months of May through and including October.
[Ord. No. 2015-15]
SHELTER
Shall mean shelter/doghouse that is suitable for the species, age, condition, size and type of each animal and protects each animal from injury, rain, sleet, snow, hail, direct sunlight, the adverse effects of heat or cold, and maintains the physical condition of the animal so as to maintain the animal in a state of good health. Such shelter shall be large enough for the animal to turn around and lay down yet not so tall that the animal's body heat dissipates easily.
[Ord. No. 2015-15]
TUFTS SCALE
Shall mean The Tufts Animal Care and Condition Scale for assessing body condition, weather and environmental safety, and physical care in dogs; authored by the Tufts University School of Veterinary Medicine.
[Ord. No. 2015-15]
VICIOUS DOG
Shall mean any dog or hybrid declared vicious by a Municipal Court pursuant to N.J.S.A. 4:19-22.
WATER
Shall mean fresh, clean water provided daily in all situations in sufficient quantity in an appropriate container for the pet and the circumstance (e.g., no metal bowls in winter).
[Ord. No. 2015-15]
[Ord. No. 08-25]
a. 
Any dog or cat owned in New Jersey and duly licensed for the current licensing year and bearing the proper registration tag for a New Jersey municipality shall be exempt from the licensing and tag provisions of this subsection.
b. 
Any person who shall bring or cause to be brought into the Borough of Matawan any dog or cat licensed in a State other than New Jersey for the current licensing year and who keeps the dog or cat in the Borough for a period of more than 90 days shall immediately apply for a license and registration tag for the dog or cat.
c. 
Any person who shall bring or cause to be brought into the Borough any unlicensed dog or cat and who keeps the dog or cat in the Borough for a period of more than 10 days shall immediately apply for a license and registration tag for the dog or cat.
d. 
The owner or keeper of any newly acquired dog or cat of licensing age, or of any dog or cat which attains licensing age, shall apply to the Borough for a license and registration tag for such dog or cat within 10 days after such acquisition or age attainment.
[Ord. No. 08-25]
a. 
Any person who shall own, keep or harbor a dog or cat of licensing age in the Borough shall in the month of January in each year apply for and procure from the Borough Clerk a license and official metal registration tag for each such dog or cat owned, kept or harbored, and shall place upon each such dog or cat a collar or harness with the registration tag securely fastened to it.
No license to own, keep or harbor a dog or cat shall be issued to a minor.
b. 
The application form furnished by the Borough shall be signed by the owner or keeper of the dog or cat and shall state the breed, sex, age, color and markings of the dog or cat for which the license and registration are sought, and whether the dog is of a long-haired or short-haired variety, and also the name, street and post office address of the owner and the person who shall keep or harbor such dog or cat. At the time of making application, the applicant shall submit to the Borough a written certificate showing rabies inoculation in accordance with Section 5-3 of this chapter.
[Ord. No. 08-25; Ord. No. 2018-07]
a. 
A person applying for a license for a non-potentially dangerous dog shall pay to the Borough the sum of $12 for the licensing of each such dog and the additional sum fixed by N.J.S.A. 4:19-15.3 for the registration tag of each dog. An additional fee of $5 per dog shall be assessed against dog owners who license their dogs as of March 1 of the licensing year. There shall be a charge of one ($1.00) dollar for the replacement of a registration tag during any current licensing year.
b. 
A person applying for a potentially dangerous dog license shall pay to the Borough the sum of $700 for the licensing of each dog, pursuant to N.J.S.A. 4:19-31, as well as the additional sums fixed under N.J.S.A. 4:19-15.3. The fees collected under this provision shall be deposited in a special account as required by N.J.S.A. 4:19-35, to be used by the Borough of Matawan to administer and enforce the provisions of N.J.S.A. 4:19-17 through 37, which govern the regulation of potentially dangerous or vicious dogs.
c. 
Dogs used as guides for blind persons and commonly known as seeing-eye dogs, dogs used to assist handicapped persons or which are commonly known as service dogs, or dogs used to assist deaf persons and commonly known as hearing-ear 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, as per the provisions of N.J.S.A. 4:19-15.31.
d. 
A person applying for a cat license shall pay to the Borough the sum of $10 for the licensing of each such cat, and any additional sums as fixed by State law. An additional fee of $5 per cat shall be assessed against cat owners who license their cats as of March 1 of the licensing year. There shall also be a charge of one ($1.00) dollar for the replacement of a registration tag during any current licensing year.
e. 
There shall also be an additional fee of $3.00 for any dog or cat of reproductive age which has not been spayed/neutered.
[Amended 12-6-2022 by Ord. No. 22-15]
[Ord. No. 08-25]
The license year shall run from January 1 of the year of issuance to December 31 of the same year.
[Ord. No. 08-25]
No person shall own, harbor or keep any cat or dog within the Borough which is not inoculated against rabies. The inoculation shall be made by a duly licensed veterinarian. The vaccine used must be of a type approved by the United States government agency responsible for licensing manufacturers of veterinary biologicals. Each cat or dog shall be inoculated against rabies once each year unless the veterinarian's certificate indicates a longer period of effectiveness.
[Ord. No. 08-25]
Any person who shall own, keep or harbor a cat or dog within the Borough shall procure and possess a veterinarian's certificate indicating that the cat or dog has been inoculated against rabies and setting forth the date of the inoculation. The certificate shall be produced upon the request of any Borough Health Official, member of the Borough Police Department, or Borough Animal Control Officer.
[Ord. No. 08-25]
Whenever it becomes necessary to safeguard the public from the danger of rabies, the Borough Administrator, if he or she deems it necessary, shall issue a notice ordering every person owning or keeping a cat or dog to confine it securely on his or her premises unless such cat or dog shall have a muzzle of sufficient strength to prevent its biting any person. Any unmuzzled cat or dog running at large during the time of the proclamation shall be seized and impounded unless noticeably infected with rabies.
[Ord. No. 08-25]
a. 
All dogs or cats so noticeably infected with rabies, or displaying vicious propensities, shall be seized by the Animal Control Officer or other authorized persons, with written notice via first class mail to the owner’s last known address. The owner shall be notified in writing via first class mail to the owner’s last known address of actions to be undertaken pursuant to State law within three business days of the seizure of the animal.
[Amended 12-6-2022 by Ord. No. 22-15]
b. 
Dogs and cats impounded during the first two days of a proclamation issued under subsection 5-4.1 of this chapter, shall, if claimed within five days, be released to the owner unless infected with rabies, upon payment of the impounding charges provided for in this chapter. If unclaimed after that period, such dog or cat may be summarily destroyed.
[Ord. No. 08-25]
The following rules shall apply:
a. 
The confinement and observation of rabid animals in the Borough of Matawan shall conform and be in accordance with the provisions of an Act of the Legislature of the State of New Jersey entitled, "Management of Domestic Animal Rabies Exposures" and also comprising N.J.S.A. 26:4 et seq., and in accordance with the rules and regulations of the New Jersey State Department of Health.
[Amended 12-6-2022 by Ord. No. 22-15]
b. 
It shall be unlawful for any person knowing or suspecting a dog or cat has rabies to allow such dog or cat to be taken off his or her premises, or beyond the limits of the Borough, without the written permission of the Animal Control Officer, a Policeman or other authorized persons. Every owner, or other person, upon ascertaining a cat or dog is rabid shall immediately notify the Animal Control Officer, a Policeman or any other authorized persons, who shall either remove the cat or dog to the pound or summarily destroy it.
c. 
The owner or person in charge of any dog, cat or other animal which has attacked or bitten a person shall confine the animal, at the expense of the owner or person in charge of it, upon the premises of the owner or person in charge or at some other place designated in the notice, for at least 10 days after the animal has attacked or bitten a person.
[Ord. No. 08-25; amended 12-6-2022 by Ord. No. 22-15]
It shall be the duty of the Animal Control Officer and/or Agency appointed by the Borough, to enforce the provisions of this chapter and to take into custody and impound, or cause to be taken into custody and impounded, the following:
a. 
Any cat or dog running at large in the Borough.
b. 
Any cat or dog off the premises of the owner or of the person keeping or harboring the cat or dog, unless accompanied by a person who is capable of controlling it and who has the cat or dog securely confined and controlled by an adequate leash or chain not more than six feet long, or which the official or his agent or agents have reason to believe is a stray cat or dog.
c. 
Any dog with fierce, dangerous or vicious propensities or any cat or dog noticeably infected with rabies or bitten by an animal suspected of having rabies.
d. 
Any cat or dog off the premises of the owner or of the person keeping or harboring the cat or dog without a current registration tag on the collar of the cat or dog.
e. 
Any female dog in season off the premises of the owner or of the person keeping or harboring the dog.
f. 
Any cat or dog running at large in the Borough upon complaint of any citizen.
g. 
No cat or dog shall be returned to the owner or claimant of such cat or dog unless such cat or dog shall have a current license, and the owner or claimant has complied with the rabies inoculations requirements as herein provided and has paid the proper fees required.
[Ord. No. 08-25; amended 12-6-2022 by Ord. No. 22-15]
The Animal Control Officer or designated Agency by the Borough, in accordance with State Law, is authorized and empowered to take control of any unclaimed cat or dog, in as humane a manner as possible, under the following contingencies:
When any cat or dog so seized has been detained for seven days after written notice of said detention via first class mail has been given to the owner’s last known address, or has been detained for seven days after seizure, when notice cannot be given, in accordance with the laws of the State of New Jersey, and if the owner or person keeping or harboring the cat or dog has not claimed the cat or dog, and paid all expenses incurred by reason of its seizure and detention, and if the cat or dog is unlicensed at the time of the seizure and the owner or person keeping or harboring the cat or dog has not produced a license or registration tag or produced proof of ownership for the cat or dog, the Animal Control Officer or other designated authority may, pursuant to NJ State law, dispose or house the animal humanely causing as little pain as possible pursuant to State Law.
[Ord. No. 08-25; amended 12-6-2022 by Ord. No. 22-15]
No person shall own, keep or harbor an animal in the Borough except in compliance with this chapter and the following regulations:
a. 
Running at Large. No dog or cat shall run at large at any time within the limits of the Borough of Matawan.
b. 
Leash Requirements. No dog or cat shall be permitted off the premises of the person owning, keeping or harboring it unless accompanied by a person who is capable of controlling it and who has the dog or cat securely confined and controlled by an adequate leash or chain not more than six feet long.
c. 
Injury to Persons; Damage to Property. No person owning, keeping or harboring a dog or cat shall permit or cause it to do any injury to any person, or to do any damage to any shrubbery, flowers, grounds or property of persons other than the owner or person having the care, custody or control of such dog or cat.
d. 
Barking. No person shall keep, harbor or maintain any dog which barks, howls or cries continuously for 10 minutes or intermittently for 30 minutes so that same unreasonably interferes with the enjoyment of life or property of persons residing in the vicinity. The provisions of this section shall apply to all private or public facilities including any animal pounds, kennels and pet shops where a dog is held for any reason.
e. 
Pet Waste Regulations. No person owning, harboring, keeping or in charge of any dog or cat shall cause, suffer or allow such dog or cat to soil, defile or defecate on or commit any nuisance on any common thoroughfare, sidewalk, passageway, bypath, play area, park, school ground or any place where people congregate or walk, or upon any public or private property, without the permission of the owner of the property. The restriction shall not apply to the street right-of-way, except for sidewalk, from property line to property line which shall be used to curb such dog or cat provided that the person who curbs such dog or cat shall immediately remove all feces deposited by such dog or cat and dispose of same in a sanitary manner.
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. Any owner or keeper who requires the use of a disability assistance animal or emotional service dog shall be exempt from the provisions of this section.
f. 
Number of Domestic Animals Permitted. No more than six cats and/or dogs of licensing age shall be kept, maintained or harbored at one time in any residential housing unit or on its grounds or in any business establishment or on its grounds. This restriction shall not apply to properly licensed kennels, pet shops, pounds and shelters. This provision on the number of animals shall not apply to instances where the animal that is properly licensed gives birth and the ACO may grant exemption for a period of time to enable the kitten or puppy to be cared by its mother until able to be released.
g. 
Wild Animals Prohibited; Exceptions. No person shall own, harbor or keep any wild animal including, but not limited to, wolves, skunks, raccoons and foxes, as pets unless the animal is purchased from a duly certified pet shop and is accompanied by a certificate from the pet shop and/or an appropriate State or Federal agency.
[Ord. No. 08-25; Ord. No. 2015-15]
The Tufts Animal Care and Condition Scale shall be used as a guide to assess reasonable treatment.
a. 
Condition of Pens and Premises. It shall be unlawful for any person keeping or harboring animals to fail to keep the premises where such animals are located free from excessive animal waste and offensive odors to the extent that such waste and odors disturb person(s) residing or located within 20 feet of the premises. It shall be unlawful to allow the premises where animals are kept to become unclean and a threat to the public health by failing to diligently and systematically remove all animal waste from the premises.
[Ord. No. 08-25]
b. 
No owner, caretaker or handler shall withhold proper shelter, protection from weather, safety in extreme weather, veterinary care and immediate care to any animal. No owner, caretaker, or handler shall fail to provide his or her animal with sufficient food and fresh drinkable water on a daily basis. Food and water must be in an animal food-consumption or water-consumption-type container, feeder or watering device.
c. 
No animal shall be subjected to unnecessary suffering and cruelty such as subjecting the animal to prolonged fear, injury, pain or physical abuse or extreme weather. Interaction with humans and other animals shall not be unreasonably withheld. This subsection does not apply to any individual currently licensed by the State Board of Veterinary Medical Examiners to practice veterinary medicine, who is acting within his or her scope of practice to deliver acceptable and medically sound veterinary care for an animal.
d. 
No animal shall be left unattended in a motor vehicle without sufficient airflow or under extreme heat conditions (70 or more degrees on a sunny day and/or more than 84 degrees inside the vehicle) as to render the animal susceptible to heat prostration or any other adverse condition that would be caused by said behavior, including death.
[Ord. No. 08-25; amended 12-6-2022 by Ord. No. 22-15]
a. 
The Borough Council shall appoint a suitable person as Animal Control Officer or licensed Animal Welfare Agency for the Borough and such assistants as from time to time may be necessary, who shall possess and exercise the power and the authority described in this chapter. Such Animal Control Officer or Agency shall be paid compensation as the Borough Council shall deem suitable and proper.
b. 
No person shall hinder, molest or interface with anyone authorized or empowered to perform any duty under this chapter.
c. 
The hindering of the enforcement of this chapter by the Animal Control Officer shall be subject to a summons issued by the Animal Control Officer to the property owner of the property, or owner of the animal, and may be returnable as an ordinance violation in Municipal Court for hindering the exercise of its authority to control and protect animals by the Animal Control Officer. Upon conviction of an ordinance, the fine to be imposed shall be no less than $50 for a first offense and no greater than $200 for a second offense, and be subject to enhanced fines for a third or subsequent offense at the discretion of the Municipal Court Judge, not to exceed $1,250 for repeated subsequent offenses to deter the conduct prescribed in this section
[Ord. No. 08-25]
Any person who keeps or operates or proposes to establish a kennel, pet shop, shelter or pound shall apply to the Borough for a license entitling the person to keep or operate such an establishment.
The application shall describe the premises, where the establishment is located, the purpose or purposes for which it is to be maintained and shall be accompanied by the approval of the County Board of Health showing compliance with the local and State rules and regulations governing location and sanitation at such an establishment.
All licenses issued for a kennel, pet shop, shelter or pound shall expire on the last day of June of each year and be subject to revocation by the Borough of Matawan on recommendation of the State Department of Health or the County Board of Health for failure to comply with the rules and regulations of the State Department or Borough after the owner has been afforded a hearing by the State or Borough. Any person holding such license shall not be required to obtain individual licenses for dogs owned by such licenses and kept at such establishment; such licenses shall not be transferable to another owner or to different premises.
[Ord. No. 2017-08]
a. 
Definitions. The following words and terms shall have the meanings herein indicated for the purposes of the subsection:
ANIMAL CARE FACILITY
Shall mean an animal control center or animal shelter, maintained by or under contract with any state, county or municipality, whose mission and practice is, in whole, or significant part, the rescue and placement of animals in permanent homes or rescue organizations.
ANIMAL RESCUE ORGANIZATION
Shall mean any not-for-profit organization which has tax-exempt status under Section 501(c)(3) of the United States Internal Revenue Code, whose mission and practice is, in whole or in significant part the rescue and placement of animals in permanent homes.
OFFER FOR SALE
Shall mean to sell, offer for sale or adoptions, advertise for the sale of, barter, auction, give away or otherwise dispose of a dog or cat.
PET SHOP
Shall mean a retail establishment where dogs and cats are sold, exchanged, bartered or offered for sale as pet animals to the general public at retail. Such definition shall not include an animal care facility or animal rescue organization, as defined herein.
b. 
Restrictions on the Sale of Dogs and Cats.
1. 
A pet shop may offer for sale only those dogs and cats that the pet shop has obtained from or displays in cooperation with:
(a) 
An animal care facility; or
(b) 
An animal rescue organization.
2. 
A pet shop shall not offer for sale a dog or cat that is younger than eight weeks old.
[Ord. No. 08-25]
No such kennel, pet shop, shelter or pound shall be located, operated or maintained, except as permitted in the Chapter 34, Development Regulations of the Borough of Matawan.
[Ord. No. 08-25]
The annual license fee for a kennel providing accommodations for 10 or less dogs shall be $10 and for more than 10 dogs, $25. The annual license fee for a pet shop shall be $10. No fee shall be charged for a shelter or pound.
[Ord. No. 08-25]
The provisions of this chapter shall be enforced by the Matawan Police Department and County Board of Health. Any person(s) who is found to be in violation of the provisions of this chapter shall be subject to a minimum fine of $100 per day with a maximum fine not to exceed $1,000.
[Ord. No. 05-28 § BH:10-1]
As used in this section:
IMMEDIATE
Shall mean that the pet solid waste is removed at once, without delay.
OWNER/KEEPER
Shall mean 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.
PET
Shall mean a domesticated animal (other than a disability assistance animal) kept for amusement or companionship.
PET SOLID WASTE
Shall mean any waste matter expelled from the bowels of the pet; excrement.
PROPER DISPOSAL
Shall mean the 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 designed to convey domestic sewage for proper treatment and disposal.
[1971 Code § 12-12; Ord. No. 05-28 § BH:10-5]
a. 
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.
b. 
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.
c. 
The provisions of this section shall be enforced by the Property Maintenance Officer of the Borough of Matawan.
d. 
Any person(s) who violates any provision of this section shall be subject, upon conviction, to a fine not to exceed $1,000.
[Ord. No. 05-24 § BH:10-5-1]
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 Matawan, so as to protect public health, safety and welfare, and to prescribe penalties for failure to comply.
[Ord. No. 05-24 § BH:10-5-2]
As used in this section:
FEED
Shall mean to give, place, expose, 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
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
WILDLIFE
Shall mean all animals that are neither human nor domesticated.
[Ord. No. 05-24 § BH:10-5-3]
No person shall feed, in any public park or on any other property owned or operated by the Borough of Matawan, any wildlife, excluding confined wildlife (for example, wildlife confined in zoos, parks or rehabilitation centers, or unconfined wildlife at environmental education centers).
[Ord. No. 05-24 § BH:10-5-4]
a. 
This section shall be enforced by the Property Maintenance Officer of the Borough of Matawan.
b. 
Any person found to be in violation of this section shall be ordered to cease the feeding immediately.
[Ord. No. 05-24 § BH:10-5-5]
Any person(s) who violates any provision of this section shall be subject, upon conviction, to a fine not to exceed $1,000.
[Added 2-7-2023 by Ord. No. 2023-01]
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. 4:19-15.16a); 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 RESCUE ORGANIZATION FACILITY
The home or other facility in which an animal rescue organization houses and cares for an animal.
ANIMAL SHELTER
Any recognized, established facility or organization where animals are received, housed and provided veterinary care (if required), adopted out or otherwise transported to other recognized animal care agencies; or any facility establishment where animals are received, housed, and distributed to care agencies which the Borough has contracted for such services but expressly does not include any pet store or retail establishment that sells animals.
AT-LARGE
That an animal that 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, 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 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.
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.
COMMUNITY CAT
Any free-roaming cat that may be cared for by one or more persons that is located within the boundaries of the Borough of Matawan. Community cats may or may not be feral or neutered.
COMMUNITY CAT CAREGIVER
Any person who, in accordance with a Community Cat Management/TNR Program entered into with the Borough of Matawan to trap, neuter, vaccinate for rabies, ear tip and return free-roaming cats or feral cats:
a. 
Neuters, vaccinates for rabies, ear tip and return free roaming or feral cats;
b. 
Provides care, including, but not limited to, food, shelter, and medical care or other sustenance measures when reasonably required to the cat; or
c. 
Has temporary custody of the 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 non-feral cats that congregate with a colony shall be deemed part of it.
EAR TIPPING
The straight-line cutting of the tip of one ear of a cat with a horizontal "V" while the cat is anesthetized and performed by a veterinarian licensed by the State of New Jersey. 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:
a. 
Born in the wild; or
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.
FOSTER HOME
Placement by an animal rescue organization of a cat or dog with an individual or group that is not an animal rescue organization for the purpose of temporarily caring for the cat or dog, without the individual or group assuming ownership, and with the intent of the individual or group relinquishing the cat or dog to the animal rescue organization or a suitable owner when one is located. A foster home may provide care to a cat or dog without the effect of the fostered cat or dog counting toward a municipality's household pct limit (should one exist); however, individuals or groups providing care in a foster home must comply with all other provisions of this section.
HARBOR
The act of caring for and keeping an animal or the act of providing a premise 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 section but are subject to the provisions of the ordinance pertaining to community cats.
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.
MUNICIPALITY
Borough of Matawan
NEUTER
To neuter an animal means to have a licensed veterinarian surgically sterilize the animal. For the purposes of this section, neuter shall mean to neuter a male animal or spay a female animal.
NUISANCE
Disturbing the peace by:
a. 
Habitual or continuous screaming or such other sounds made by a cat that lasts in excess of 15 continuous minutes which results in a serious annoyance to the hearer of the noise or continuous sound.
b. 
For the purpose of this section, "habitually" means occurring on at least two separate occasions within a time period of one month; except that the screaming habitually means making the sound persistently or continuously for at least 15 minutes occurring at least three separate times within a period of eight hours. For the purposes of this section, "persistently" or "continuously" shall mean non-stop 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 section; or
2. 
For three days or more has temporary custody of: keeps, possesses, or exercises control over any animal.
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 section but is subject to the provisions pertaining to community cat caregivers.
PET SHOP
Any place of business which is not part of a kennel, 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.
PHYSICAL CONTROL
Adequate ability to reasonably manage the actions of the animal to prevent the animal from engaging in biting, physical aggression towards people or animals, straying, or being at-large or other behavior regulated by this section or state law.
POUND
An establishment for the confinement of animals seized or captured by a municipality or the agent of a municipality under the provisions of this section, or otherwise.
PROPER SHELTER
A structure that is designed to protect cats in a reasonably close location to the area where the colony is being fed. It will be designed and built according to accepted designs with materials that protects an animal from weather and is sufficiently ventilated and insulated to provide refuge from precipitation, wind, extreme temperature and direct sunlight; and
a. 
Is fully enclosed with sturdy materials on three sides, with a fourth wall having an entranceway large 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
b. 
Has a solid, waterproof roof; and
c. 
Has a solid floor that does not sag under the animal's weight; and
d. 
Has a door or flap covering the entranceway during temperatures of 40° or below;
e. 
Is positioned at a sufficient elevation to prevent water from running into the structure; and
f. 
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
g. 
Is sturdy and structurally sound and in good repair; and
h. 
If it contains straw and such bedding, shall be clean and dry; and
i. 
Is surrounded by an area that is clear of debris, feces, and urine.
j. 
The materials that constitute the structure shall be periodically replaced to ensure cleanliness and that the insulation is sufficient for the needs of the colony.
SEVERE INJURY
Any physical injury that results in one or more broken bones or one or more lacerations requiring sutures, or an injury requiring reconstructive or plastic surgery.
SHELTER
Any establishment where dogs or other animals are received, housed and distributed.
SPONSOR
An individual or entity qualified and approved by the Board of Health, if required. Borough Council to provide the services, and undertake the responsibilities of a TNR Program Sponsor, as set forth more fully in this section.
STRAY
Any animal that is found to be at-large, whether lost by its owner or otherwise, or that is on the common areas of apartments, condominiums, trailer parks or other multi-residential premises, and that does not have 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 section.
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 as determined by Purina Body Score System or a veterinarian.
SUFFICIENT WATER
Access to clean, potable water on a regular, ongoing basis in quantities sufficient to prevent the animal from experiencing dehydration.
TNR
Trap-Neuter-Return.
TNR PROGRAM
A program pursuant to which community feral and stray cats are humanely trapped, spayed or neutered, vaccinated against rabies, and returned to the location at which they were trapped. A cat may receive a microchip as part of a TNR Program.
TRAP/HUMANE TRAP
Any trap used to capture stray dogs or cats that is constructed so that it does not harm the animal.
VETERINARIAN
An individual who is licensed to engage in the practice of veterinary medicine in the State of New Jersey.
[Added 2-7-2023 by Ord. No. 2023-01]
a. 
No person shall maintain, feed or keep a cat on private property without the written consent of the owner. No cat shall be maintained in a manner on any property that causes unsanitary conditions; infestation of insects or rodents; or any physical condition that endanger the health or safety of humans.
b. 
Community cat colonies shall be permitted, and caregivers shall be entitled to maintain them, in accordance with the terms and conditions of this chapter.
[Added 2-7-2023 by Ord. No. 2023-01]
a. 
Owners of cats and caregivers of cat colonies shall provide the cat (s) sufficient food; water; proper shelter and protection from weather; veterinary care as needed; grooming as required to prevent suffering; grooming as needed to prevent suffering; and other generally accepted standards of humane care and treatment.
b. 
The owner of a domesticated cat and caregivers of cat colonies shall exercise reasonable care to prevent the cat from becoming a nuisance as defined herein.
c. 
The owner of a sexually intact (unneutered) domesticated cat shall not permit his/her cat to roam unsupervised.
d. 
An owner shall not abandon a domesticated animal in any private or public place. Engaging in trap-neuter-return of feral cats in a manner consistent with the tenets of this section shall not be considered abandonment.
e. 
An owner of a domesticated cat (or other animal) shall ensure that the animal does not run or roam at-large.
[Added 2-7-2023 by Ord. No. 2023-01]
a. 
Matawan believes that the safest place for pet cats is indoors. Matawan also recognizes that feral and community cats, as defined in this section, are not, in the vast majority of cases, suitable to be taken indoors as pets, and their home is outdoors. The Borough further recognizes the need for innovation in addressing the issues presented by community cats. To that end, Matawan finds that properly managed community cats are part of the solution to reducing the numbers of feral cats in the Borough of Matawan and the rate of euthanasia of cats in area shelters.
b. 
Community cat colonies shall be permitted in Matawan as part of a Community Cat Management/TNR Program in accordance with the following provisions:
1. 
Community Cat Caregivers. Community cat caregivers must ensure community cats are sterilized, vaccinated against the threat of rabies, and ear tipped, and must cooperate with the municipality to abate any nuisance.
2. 
Location of Community Cat Colonies. All managed community cat colonies must be maintained in compliance with trespassing and property laws.
3. 
Requirements for exemptions from certain provisions of this section. All cats that are part of an approved TNR/Community Cat Program pursuant to this section must be sterilized, vaccinated against the threat of rabies, 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 section and other ordinances.
4. 
The provisions and terms of this section as it concerns community cat colonies, and their protections, shall supersede any inconsistency between the terms of the within section and the terms of any agreement with the agency or entity that is contracted to administer the animal welfare regulations of the Borough of Matawan; the inconsistent terms of the Animal Control Service Agreement and/or Agreement on the administration of the TNR Program in the Borough of Matawan.
[Added 2-7-2023 by Ord. No. 2023-01]
a. 
A person who is not a community cat caregivers as defined in this section, or who is not an Animal Control Officer employed by the Matawan, or a members of law enforcement, who traps a free-roaming cat(s) for the purpose of providing medical attention to a sick or injured cat; or for the purpose of TNR, shall notify the Matawan ACO within 24 hours of the trapping of the cat(s); who will thereupon take possession of the cat. The ACO shall then make all reasonable efforts to determine if the cat is privately owned or belongs to an existing colony. The ACO or the contracted facility where the animal is taken shall contact the owner or colony caregiver as soon as possible by documented phone call or written notice. If the owner or community caretaker is unreachable within a reasonable period, and the cat is in need of medical attention, said treatment shall be provided without regard to contact the owner or caregiver. Medically necessary decisions shall include the opinion of a veterinarian that the cat is suffering and should be humanely euthanized. All the costs of medical treatment provided to a privately owned cat, inclusive of euthanasia, shall be the responsibility of the owner.
b. 
The ACO shall undertake all reasonable measures to determine if the cat is privately owned or a member of an existing cat colony. The ACO shall undertake all reasonable measures to notify the owner of the cat, in writing, or the cat colony caregiver what medical and other actions will be undertaken to safeguard the condition of the cat. The ACO shall be authorized to undertake needed medical attention on behalf of the cat if the owner and caregiver cannot be located to assist the cat. All care expenses of a privately owned cat shall be borne by the owner.
[Added 2-7-2023 by Ord. No. 2023-01]
a. 
An Animal Control Officer who has trapped a cat whose left ear has been tipped or which bears some other distinguishing mark indicating that it belongs to a feral cat colony shall transport the cat to contracted municipal shelter, where the cat will be scanned of a microchip. If a registered microchip is found, the registered owner or colony caregiver will be contacted and advised the cat is located at the facility under contract by the Borough to provide shelter services.
b. 
The owner or colony caregiver shall be responsible for retrieving the cat from the shelter facility within seven calendar days or advising the shelter if the owner or caregiver does not intend to retrieve the cat.
[Added 2-7-2023 by Ord. No. 2023-01]
If a trapped community cat is suspected of being rabid, the animal shall be immediately reported to the ACO and shall be quarantined, observed, and otherwise handled and dealt with as appropriate for an animal suspected of being rabid, or as required by the Department of Health.
[Added 2-7-2023 by Ord. No. 2023-01]
a. 
The requirements of this section notwithstanding, animal control officers may investigate any nuisance complaint. If an animal control officer determines that an ear tipped community cat is causing a nuisance as defined by this section, the animal control officer shall attempt to contact the caregiver or owner. The caregiver or owner shall begin 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 60 days. If the caregiver or owner fails to resolve the nuisance, the animal control officer may remove the cat. If an animal control officer removes a community cat, the facility contracted by Matawan must notify the community cat caregiver and allow the caregiver to retrieve the cat from the facility for adoption or relocation. If an Animal Control Officer reasonably determines that a cat is injured or poses a significant threat to public health, the officer may reduce the time that the owner or caregiver has to resolve the complaint, as necessary to protect the cat and public health, before taking further action. In the case of an emergency, the Animal Control Officer may remove the cat, but within 24 hours the Animal Control Officer must provide the caregiver or owner with notice of the cat's whereabouts and allow the caregiver or owner an opportunity to retrieve the cat for treatment, return, or relocation.
b. 
Factors to be considered during the nuisance abatement process shall include:
1. 
Recognition of the value of wildlife;
2. 
Recognition of the value of TNR in managing community cat colonies;
3. 
The availability of devices and strategies to minimize nuisance behavior by community cats that may have caused the complaint.
[Added 2-7-2023 by Ord. No. 2023-01]
Enforcement of Community Cat Management Initiative/TNR Program of the Borough of Matawan shall have the following rights:
a. 
The right to seize or remove cats from a colony which have not been vaccinated against rabies and which are demonstrating signs of the disease.
b. 
The right to seize or remove a cat from a colony which is creating a nuisance as defined in this section, after the community cat caregiver has been given 60 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 Animal Control Officer and must take all reasonable steps to resolve the nuisance in as short a time as possible, not to exceed 60 days.
[Added 2-7-2023 by Ord. No. 2023-01]
It shall be unlawful and inhumane for any person to use inhumane methods to capture dogs, fowl, cats or any other animal. The trapping of any cat or any animal for any reason must meet the following requirements:
a. 
Traps shall not be left unattended for more than two hours;
b. 
Traps shall not be left set overnight;
c. 
In no event shall a trap be placed directly in the sun during the late spring or summer months. At no time shall a trap be left unattended in temperatures above 65° F. or below 55° F., or in snow, rain, or other extreme weather conditions.
d. 
Traps used to capture cats or any animals shall be of the type that is universally recognized as humane traps.
e. 
Any person who is found to be in violation of the provisions of this TNR Ordinance subsection for a trapping violation shall be subject to a fine not to exceed $150 for each offense.
[Added 2-7-2023 by Ord. No. 2023-01]
It shall be an offense under this section for any person having temporary possession/custody of any cat under this provision to negligently or intentionally permit a sterilized or unsterilized cat to run at large. If the cat is trapped or retrieved while running at large, the owner shall be responsible for the cat under the provisions of this section.
[Added 2-7-2023 by Ord. No. 2023-01]
A cat shall be considered exempt from these provisions if:
a. 
The ear tipped cat is part of a Community Cat Management/TNR Program in accordance with this section; or if the ear tipped cat is part of a maintained colony but has not yet been trapped to be sterilized, vaccinated or ear tipped; in which case those cats shall not be considered cats roaming at large.
[Added 2-7-2023 by Ord. No. 2023-01]
a. 
No person shall desert or abandon any cat or other animal at any public or private location, including at or in close proximity to a known community cat colony location.
b. 
The practice of TNR and the provision of care to a community cat in accordance with the provisions of this section do not constitute desertion or abandonment of the community cat. However, the placement of a cat at a community cat colony by a person other than the community cat caregiver, constitutes abandonment.
c. 
Any person who is found to be in violation of the provisions of this section shall be subject to a fine of $350 for a first offense. For a second offense, the Court may impose a fine not less than $350 and up to the sum of $700. The Court shall double the amount paid by an offender for the second offense for a third offense.
d. 
The fines set forth in this section are in addition to and are separate from any fines that may be imposed by a Court for violations of defendants charged for violation of the New Jersey Animal Cruelty Statute for abandonment.