[HISTORY: Adopted by the Mayor and Council of the Borough of Cresskill as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-1-1981 by Ord. No. 80-23-780 as Ch. 74 of the 1981 Code]
For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
ANIMAL HOSPITAL
Any place where dogs, cats or other domestic animals belonging to anyone, other than the owner, tenants or occupant of such place, are for hire, kept, maintained or harbored for observation or treatment.
CAT
Any cat, male or female or spayed female.
CAT OF LICENSING AGE
Any cat which has attained the age of four months.
[Amended 5-20-1986 by Ord. No. 86-14-931]
DOG
Any dog, bitch or spayed bitch.
DOG OF LICENSING AGE
Any dog which has attained the age of seven months or which possesses a set of permanent teeth.
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 or cat, every person having a right of property in such dog or cat, and every person who has such dog or cat in his keeping.
PET SHOP
Any room or group of rooms, cage or exhibition pen, not part of a kennel, wherein dogs or cats for sale are kept or displayed.
POUND
An establishment for the confinement of dogs or cats seized either under the provisions of this article or otherwise.
SHELTER
Any establishment where dogs and cats are received, housed and distributed without charge.
[Amended 10-20-1987 by Ord. No. 87-14-970]
No person shall keep or harbor any dog, cat or reptile in the Borough except in compliance with this article.
It shall be the duty of the Animal Control Officer or other person designated by the Mayor and Council to license dogs and cats, to carry out the provisions of N.J.S.A. 4:19-15.13 and 4:19-15.15, as supplemented and amended, and to make a similar canvass of all cats owned, kept or harbored within the limits of the Borough and to report to the Clerk and the Board of Health of the Borough the result thereof.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Amended 5-20-1986 by Ord. No. 86-14-931]
A. 
No person shall own, keep or harbor any dog or cat of licensing age within the Borough unless such dog or cat has been licensed by the Department of Health, upon application by the owner and payment of the prescribed fee. Such animal shall be vaccinated against rabies by a licensed veterinarian, in accordance with the latest Compendium of Animal Vaccines and Recommendations for Immunization, published by the National Association of State Public Health Veterinarians, Inc.
[Amended 8-25-1997 by Ord. No. 97-18-1175]
B. 
A certificate of vaccination shall be issued to the owner of each vaccinated dog or cat on a form recommended by the Compendium.
The application for a license and tag shall state the breed, sex, age, color and markings of the dog or cat for which the 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 or cat.
[Amended 12-1-1981 by Ord. No. 81-27-808]
A. 
Any person who shall own, keep or harbor a dog of licensing age shall apply for and procure for each dog owned a license and registration tag which shall be valid for a term of either one or three years. Each dog licensed under this section shall possess a collar or harness with the registration tag securely fastened thereto.
B. 
Upon acceptance of the license, application and fee, a durable cat license tag which includes the identifying number, year of issuance, Borough, county and state shall be issued. The license tag shall be attached to the collar of the cat so as to assist in the identification of a lost cat.
[Added 5-20-1986 by Ord. No. 86-14-931]
A. 
Any person applying for a one-year license and registration tag shall pay a fee of $15 for each neutered or spayed dog; the one-year license and registration tag for an unaltered dog shall cost $20. The above fees include the costs of rabies inoculations by a participating veterinarian. A certificate for such inoculation shall be issued whenever Board of Health records indicate that a dog is due for inoculation in the license year, or when a dog is first licensed in the Borough. The licensing period shall commence on February 1 of each year and shall expire one year from the date thereof.
[Amended 11-3-1981 by Ord. No. 81-25-806; 3-18-1986 by Ord. No. 86-6-923; 9-6-2000 by Ord. No. 00-14-1222; 8-10-2011 by Ord. No. 11-09-1411; 12-19-2012 by Ord. No. 12-21-1443; 1-7-2015 by Ord. No. 14-11-1468; 12-4-2024 by Ord. No. 24-18-1654]
B. 
Dogs used as guides for blind persons commonly known as "Seeing Eye" dogs shall be licensed and registered as other dogs, with the exception that the owner or keeper of such dog shall not be required to pay any fee therefor. Said fee shall also be waived for the licensing and registration of “service” dogs and “Hearing Ear” dogs.
[Amended 10-2-2002 by Ord. No. 02-12-1254]
C. 
A cat license shall be issued after payment of $10 for each neutered cat and $15 for each unneutered cat. The licensing period shall be for one year. Licenses shall be renewed by February 1 of each year.
[Added 5-20-1986 by Ord. No. 86-14-931; amended 6-21-1988 by Ord. No. 88-8-985; 2-20-1990 by Ord. No. 9-2-1025; 8-10-2011 by Ord. No. 11-09-1411; 12-19-2012 by Ord. No. 12-21-1443; 1-7-2015 by Ord. No. 14-11-1468; 12-4-2024 by Ord. No. 24-18-1654]
D. 
A license fee not paid by March 1 of the year payable shall be charged a maximum late charge of $25, plus the license fee payable.
[Added 1-2-2003 by Ord. No. 02-17-1259; amended 12-21-2005 by Ord. No. 05-15-1302]
License fees and other moneys collected or received under the provisions of this article shall be received and disposed of as provided in N.J.S.A. 4:19-15.11.
A. 
Any person who keeps or operates or proposes to establish a kennel, an animal hospital, a pet shop, a shelter or a pound shall apply to the Animal Control Officer or other person designated by the Mayor and Council to license dogs and cats for a license entitling him to keep or operate such establishment.
[Amended 10-2-2002 by Ord. No. 02-12-1254]
B. 
The application shall describe the premises where the establishment is located or is proposed to be located, the purpose or purposes for which it is to be maintained and shall be accompanied by the written approval of the Health Officer of the Board of Health of the Borough, showing compliance with the local and state rules and regulations governing location of and sanitation at such establishments.
C. 
All licenses issued for a kennel, animal hospital, pet shop, shelter or pound shall state the purpose for which the establishment is maintained, and all such licenses shall expire on the last day of June of each year and shall be subject to revocation by the Mayor and Council on recommendations of the State Department of Health or the Board of Health of the Borough for failure to comply with the rules and regulations of the State Department of Health or the Board of Health of the Borough governing the same after the owner has been afforded a hearing by either the State Department of Health or the Board of Health of the Borough.
[Amended 5-20-1986 by Ord. No. 86-14-931]
D. 
Any person holding such license shall not be required to secure individual licenses for dogs or cats owned by such licensee and kept at such establishments, and such licenses shall not be transferable to another owner or different premises.[1]
[1]
Editor's Note: Former Subsection E, prohibiting the operation and maintenance of specified facilities within 500 yards of a residence, except that of the owner or operator, which immediately followed this subsection, was repealed 3-15-1995 by Ord. No. 95-5-1121.
E. 
Every such kennel, animal hospital, pet shop, shelter or pound shall be subject to such reasonable rules and regulations in regard thereto as may be prescribed by the Mayor and Council. Any premises so used and all buildings and enclosures thereon shall be kept clean and sanitary. All animal carcasses shall be immediately and properly disposed of and shall not be buried within the Borough limits. Any Health Officer or police officer of the Borough shall have the right, at any reasonable hour in the day or nighttime, to enter into such premises and any buildings and enclosures thereon and to make such examination thereof as he shall deem proper.
The annual license fee for a kennel providing accommodations for 10 or less dogs shall be $10, and for more than 10 dogs, the fee shall be $25. The annual license fee for an animal hospital providing accommodations for 10 or less dogs, cats or other animals shall be $10, and for more than ten dogs, cats or other animals, the fee shall be $25. The annual license fee for a pet shop shall be $10. No fee shall be charged for a shelter or pound.
The owner of any newly acquired dog or cat of licensing age or of any dog or cat which attains licensing age shall make application for license and registration tag for such dog or cat within 10 days after such acquisition or age attainment.
A. 
Any person who shall bring or cause to be brought into the Borough any dog or cat licensed in another state for the current year and bearing a registration tag and shall keep the same or permit the same to be kept within the Borough for a period of more than 90 days shall immediately apply for a license and registration tag for each such dog or cat, unless such dog or cat is licensed under § 80-12.
B. 
Any person who shall bring or cause to be brought into the Borough any unlicensed dog or cat and shall keep the same or permit the same to be kept within the Borough for a period of more than 10 days shall immediately apply for license and registration tag for each such dog or cat, unless such dog or cat is licensed under § 80-12.[1]
[1]
Editor's Note: Former § 74-16, Cats to be belled, which immediately followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
No person, except an officer in the performance of his duties, shall remove a registration tag from the collar of any dog or cat without the consent of the owner, nor shall any person attach a registration tag to a dog or cat for which it was not issued.
The Mayor and Council shall have power to appoint annually a Animal Control Officer, whose duty it shall be to enforce the provisions of this article and the provisions of Chapter 151 of the Laws of 1941.[2] The Mayor and Council shall also have power to appoint one or more persons to be known as "dog catchers," who may impound unlicensed dogs or cats running at large in violation of the provisions of this article.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: See N.J.S.A. 4:19-15.1 et seq.
A. 
The Animal Control Officer or other person designated by the Mayor and Council to license dogs and cats shall take into custody and impound or cause to be taken into custody and impounded and thereafter destroyed or offered for adoption the following:[1]
(1) 
Any dog, cat or reptile off the premises of the owner or of the person keeping or harboring such dog, cat or reptile, which such official or his agent or agents has reason to believe is a stray dog, cat or reptile.
[Amended 10-20-1987 by Ord. No. 87-14-970]
(2) 
Any dog or cat off the premises of the owner or of the person keeping or harboring such dog or cat without a current registration tag on his collar.
(3) 
Any female dog or cat in season off the premises of the owner or of the person keeping or harboring the dog or cat.
(4) 
Any dog or other animal which is suspected to be rabid.
(5) 
Any dog or other animal off the premises of the owner reported to, or observed by, a certified Animal Control Officer to be ill, injured or creating a threat to public health, safety or welfare, or otherwise interfering with the enjoyment of property.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Dogs, cats or reptiles so taken into custody shall be impounded, destroyed or disposed of as provided in N.J.S.A. 4:19-15.16.
[Amended 10-20-1987 by Ord. No. 87-14-970[2]]
[2]
Editor's Note: This ordinance also provided for the repeal of former Subsection C, regarding the destruction of cats, which immediately followed this subsection.
[Amended 10-20-1987 by Ord. No. 87-14-970]
Any officer or agent authorized or empowered to perform any duty under this article is hereby authorized to go upon any premises to seize for impounding any dog or dogs, cat or cats or reptile or reptiles he may lawfully seize and impound when such officer is in immediate pursuit of such animals or reptiles, except upon the premises of the owner of such animal or reptile if the owner is present and forbids the same.
No person shall keep, harbor or maintain any dog or cat which shall habitually disturb the peace and quiet of the neighborhood.
A. 
No person owning, keeping or harboring any dog shall suffer or permit it to run at large upon the public streets or in any public park or in any public building or in any other public place within the Borough unaccompanied by its owner or his, her or its representative.
B. 
All dogs shall be leashed, except when on the owner's property. Any dog found running at large shall be deemed to be doing so with the permission of the owner, keeper or harborer, and such person shall be deemed guilty of a violation of this section.
[Amended 5-4-1982 by Ord. No. 82-9-822]
C. 
All reptiles shall be maintained, transported, conveyed or carried in an enclosed escape-proof container. Any reptile found outside of such container shall be deemed to be a nuisance and to be doing so with the permission of the owner, keeper or harborer, and such person(s) shall be deemed guilty of a violation of this section.
[Added 10-20-1987 by Ord. No. 87-14-970]
D. 
Any person found guilty of violating this section shall be subject to a fine of $15 for the first offense in any given twelve-month period. Any person found guilty of a second offense in any twelve-month period shall be subject to a fine of $30. For each subsequent violation in the same twelve-month period, an additional fine of $40 shall be paid, per infraction, by the owner.
[Added 5-4-1982 by Ord. No. 82-9-822]
[Amended 10-20-1987 by Ord. No. 87-14-970 [1]]
No person owning, keeping or harboring any dog, cat or reptile shall suffer or permit it to enter any food establishment, which, for the purpose of this article, includes any place used in the production, preparation, manufacture, packing, storage, transportation or handling of food or foodstuffs intended for sale or distribution. “Seeing Eye” dogs, “service” dogs or “Hearing Ear” dogs are exempt from this prohibition.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
No person owning, keeping or harboring any dog shall suffer or permit it to soil, defile or commit any nuisance on any common thoroughfare, sidewalk, passageway, bypath, play area, park or any place where people congregate or walk or upon any lawns, shrubbery or tree on any public property or upon a lawn, shrubbery or tree on any private property not belonging to the owner or custodian of such dog; provided, however, that for the purpose of this section, the above-mentioned restrictions shall not apply to that portion of the street lying between the curblines, which shall be used to curb the dog.
B. 
If any such person shall permit such dog to soil, defile, defecate on or commit any nuisance on the areas aforesaid, he or she shall immediately remove all feces and droppings deposited by such dog, which removal shall be in a sanitary manner by shovel, container, disposal bag, etc., and said feces and droppings shall be removed by said person from the aforesaid designated areas and disposed of by said person in a sanitary manner.
C. 
Failure of a person to visibly carry with him or her a shovel, container, disposal bag or any other sanitary means of removing all feces or droppings deposited by such dog shall be presumed a violation of this article.
[Added 11-3-1982 by Ord. No. 82-20-833]
D. 
No person shall keep, harbor or maintain any dog or cat (or dogs or cats) which habitually barks or cries so as to disturb the public peace and so create a nuisance to others.
[Added 4-19-1983 by Ord. No. 83-5-845]
E. 
No person shall house any dog or cat in a dwelling used also for human habitation unless waste is regularly removed from the premises and the premises are maintained in such a way as to prevent odor and the attraction of rodents and insects, thereby not creating a nuisance to others.
[Added 4-19-1983 by Ord. No. 83-5-845]
F. 
In addition to the aforementioned prohibitions, no person shall keep, harbor or maintain any dog or cat in such a manner that it creates a nuisance to others.
[Added 4-19-1983 by Ord. No. 83-5445]
Any dog found in any place specified in § 80-24 shall be deemed to be in such place by permission or order of the owner, harborer or keeper of such dog, and any dog committing any of the acts specified in § 80-25 shall be deemed to have committed such act by permission or order of the owner, harborer or keeper of such dog, and such owner, harborer or keeper shall be guilty of a violation of this article.
The Mayor and Council may enter into negotiation and may contract with a Animal Control Officer, humane society or the Society for the Prevention of Cruelty to Animals for a period not exceeding one year for collection, keeping for redemption, destroying or disposing of all dogs running at large or unlicensed or stray dogs or cats found within the Borough limits and for sheltering and feeding such dogs or cats during the redemption and to defray the costs thereof.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Amended 5-20-1986 by Ord. No. 86-14-931]
The Mayor and Council may, by proclamation, require all dogs and cats to be quarantined during such period in each year as it may deem advisable.
[Amended 5-4-1982 by Ord. No. 82-7-820]
When any person is bitten or attacked by a dog or other animal subject to rabies or other like contagious or dangerous disease, such person, his parents, or guardian if he is a minor, the owner of the animal, or the person having possession or control thereof, the physician who treats the bite or wound and any veterinarian or lay person having knowledge of such bite or wound must immediately notify the Police Department. The person owning or having possession or control of the offending animal must (at the request of the Police Department or Health Department) immediately provide for the examination and observation of such animal by a licensed veterinarian of the State of New Jersey. Said veterinarian shall immediately report his findings to the Board of Health by telephone and shall confirm such report in writing within 24 hours. After such preliminary examination, the animal may be returned to the custody of the person from whom it was received, except that, if the animal has inflicted a face bite, it shall not be returned, but shall be confined for such period of observation as the Board may direct in a veterinary hospital or other place approved by the Board. An animal must be returned after preliminary examination for reexamination (or brought for initial examination 10 days after the attack) to a licensed veterinarian of the State of New Jersey, and said veterinarian shall report his findings to the Board immediately by telephone and in writing within 24 hours. The animal shall then be released to the person from whom it was received unless the animal is rabid or suspected of being rabid.
The control of vicious dogs shall be as set forth in N.J.S.A. 4:19-17 et seq.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Any person violating any of the provisions of this article shall, upon conviction thereof, be subject to a fine as provided under the general penalty in § 1-15 of this Code.
[Adopted 7-17-2024 by Ord. No. 24-13-1649]
As used in this article, the following terms are respectively defined as indicated.
ENFORCEMENT OFFICERS
A. 
The Zoning Official employed or contracted by the Borough of Cresskill.
B. 
The Construction Official employed or contracted by the Borough of Cresskill.
C. 
The Borough Code Enforcement Officer.
D. 
The Health Officer employed or contracted by the Borough of Cresskill.
PERSON
For purposes of this article, an individual, partnership, cooperative, association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity.
POULTRY, PIGEONS or OTHER FOWL
A. 
Includes, but is not limited to, all live chickens, roosters, ducks, pigeons, doves, geese, turkeys, pheasants, partridges, guineafowl, peafowl, ravens, crows, all Strigiformes (owls), hawks, eagles, flamingos, swans, emus, ostriches, falcons, quails, rheas, and other poultry or fowl. This list is not exclusive as it includes all other feathered or winged creatures.
B. 
Domestic birds such as canaries, parakeets and parrots are not included.
A. 
Only live chickens (no roosters) shall be permitted in every zone in the Borough; no other poultry, pigeon or other fowl as defined herein shall be permitted.
B. 
Quantity limitation. The number of chickens per household shall be established by lot size.
(1) 
Lots:
(a) 
50 x 100 feet (5,000 feet): four chickens.
(b) 
100 x 100 feet (10,000 feet): six chickens.
(c) 
Lots greater than 10,000 feet: 12 chickens.
A. 
The property owner shall be responsible to maintain the coop in a sanitary manner. Specifically, the coop shall be cleaned regularly of all manure, feculent matter and waste maintained, nor shall it emit noxious odors.
B. 
Fecal matter or waste shall not be stored on the property and shall be disposed in an approved fashion and not introduced into the Borough's solid waste stream.
C. 
All manure, feculent matter and waste shall be removed from the premises or spread and treated with such chemicals and other materials as shall be necessary to prevent odor and the attraction of insects and rodents.
D. 
Coops shall be fogged or sprayed regularly with an insecticide designed to kill flies and insects. Notice of fogging or spraying must be given to the Board of Health 10 days before the application.
E. 
All premises on which chickens are kept shall be maintained in a sanitary condition, subject to annual or semi-annual inspection by the Board of Health.
A. 
Construction or maintenance of any coop, or other housing structure for the chickens, shall be permitted in any zone, subject to complying with all municipal requirements;
B. 
The coop or accessory building must be constructed pursuant to building codes, obtain building permits and receive a certificate of building completion, before any chickens may be housed in the structure;
C. 
Construction of the coop or accessory building must be in compliance with building and zoning ordinances and all other health regulations;
D. 
The location of a coop/accessory structure shall comply with side and rear yard setback requirements;
E. 
Coops or accessory structures shall not be permitted in any front yard.
F. 
Nuisance. A public nuisance shall be deemed to exist in the following circumstances:
(1) 
The keeping of chickens in a manner that may foster the attraction and/or breeding of insects and rodents and the germination of bacteria and other infectious microbes.
(2) 
The keeping of chickens in a manner so as to create or allow noxious odors and/or disturbing noises.
(3) 
Noncompliance with this section and shall be evidentiary that a nuisance exists. A nuisance hereunder shall be subject to immediate abatement at the expense of the owner.
(4) 
Housing any other poultry, roosters, pigeon or other fowl as defined herein shall be deemed a per se nuisance.
(5) 
Each live chicken in excess of limitation restrictions contained herein shall constitute a nuisance, and each additional bird in the property owner's possession shall be deemed a separate violation.
(6) 
Complaint shall be made in the Municipal Court of Cresskill or before such other judicial officer having authority under the laws of the State of New Jersey.
A. 
All property owners who request the right to house chickens on their property pursuant to this ordinance must obtain an annual permit.
B. 
An application fee of $100 shall be required for each permit issued. All permits shall expire on December 31 of each year.
C. 
The Board of Health shall be the issuing authority of all chicken licenses.
A. 
The enforcement authority for this article shall be the Building, Construction, and Code Officials and/or Health Officials or their designees.
B. 
The Building, Construction, Code and/or Health Officials may, after giving proper identification, inspect any matter, thing, premises, place, person, record, vehicle, incident, or event as necessary to execute their official duties in a manner prescribed by law, and shall issue any municipal summons in accordance with the law.
C. 
It shall be unlawful for any person to molest, willfully oppose, verbally abuse, or otherwise obstruct the Code Officials and/or Health Officials in the enforcement of this article, and the Building, Construction, Code and/or Health Officials may request the assistance of the Cresskill Police Department or other police agency or peace officer when necessary to execute their official duties in a manner prescribed by the law.
D. 
Citizens may file formal complaints against violators of this article.
A person who violates the provisions of this article shall be civilly liable, resulting in the following:
A. 
For the first violation, a penalty of not less than $500, per offense, plus removal of non-permitted chickens, poultry, pigeons or other fowl as defined herein; the Magistrate shall have the discretion of ordering the removal of any housing structure.
B. 
For the second violation, a penalty of not less than $1,000, per offense, plus removal of the non-permitted chickens, poultry, pigeons or other fowl as defined herein; the Magistrate shall have the discretion of ordering the removal of any housing structure.
C. 
For the third and subsequent violations, a penalty of not less than $1,500, per offense, plus removal of all poultry, pigeons or other fowl as defined herein, and removal of any housing structure.
If any section or provision of this article be adjudged invalid, unconstitutional, preempted by federal or state law, or otherwise invalid by any court of competent jurisdiction, the same shall not affect the validity of the chapter as a whole or any other section or provision thereof.
All ordinances or parts of ordinances inconsistent with the provisions of this article are hereby repealed as to such inconsistencies only.
This article shall be in full force and effect from and after its adoption and any publication as required by law.