[Adopted as Ch. 8 of the 1976 Revised General
Ordinances]
The following words and terms shall have the
meanings herein indicated for the purposes of this article:
Refers to a dog off the premises of the person owning or
keeping or harboring it and not in a crate or other safe control;
or not securely fastened to a tether, leash or chain, held by its
owner, or other person, capable of controlling the dog.
A person 18 years of age or older who has satisfactorily
completed a course of study approved by the Commissioner of Health
on the control of animals, prescribed by 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 certified animal
control officers pursuant to the provisions of this act, for a period
of three years.
[Added 10-7-1987 by Ord. No. 1987-29]
Any dog which has attained the age of seven months or which
possesses a set of permanent teeth.
Any person exercising control over a dog or permitting a
dog to remain on premises under his control.
Any establishment wherein or whereon the business of boarding
or selling dogs or breeding dogs for sale is carried on, except a
pet shop.
When applied to the proprietorship of a dog, shall include
every person having a right of property in that dog and every person
who has that dog in his keeping, and when applied to the proprietorship
of any other animal, including, but not limited to, a cat, shall include
every person having a right of property in that animal and every person
who has that animal in his keeping.
[Amended 12-5-2007 by Ord. No. 2007-030]
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.
[Amended 12-5-2007 by Ord. No. 2007-030]
An establishment for the confinement of dogs or other animals
seized either under the provisions of this article or otherwise.
[Amended 12-5-2007 by Ord. No. 2007-030]
Any establishment where dogs are received, housed and distributed.
[Amended 10-7-1987 by Ord. No. 1987-29]
Any dog which has been declared by a Judge to be a vicious
dog or which has attacked or bitten any human being, or which habitually
attacks other dogs or domestic animals.
[Amended 10-19-1983 by Ord. No. 1983-29; 7-2-1986 by Ord. No. 1986-14; 10-7-1987 by Ord. No. 1987-29]
A.
License and registration tag required. Any person
who shall own, keep or harbor a dog of licensing age within the Township
of West Milford shall, during the month of January of each year, apply
for and procure from the Animal Control Officer a license and official
metal registration tag for each such dog so owned, kept or harbored
and shall place upon each such dog a collar or harness with the registration
tag securely fastened thereto.
(1)
The owner of any newly acquired dog of licensing age
or any dog which attains licensing age shall make application for
license and registration tag within 10 days after such acquisition
or age attainment.
(2)
Any person who shall bring or shall cause to be brought into the Township of West Milford any dog licensed in another state for the current year and bearing a registration tag, and who shall keep the same or permit the same to be kept within the Township for a period of more than 90 days, shall immediately apply for a license and registration tag for each such dog unless such dog shall be licensed under § 71-3 of this chapter.
(3)
Any person who shall bring or cause to be brought into the Township of West Milford any unlicensed dog and who shall keep the same or permit the same to be kept within the Township for a period of 10 days shall immediately apply for a license and registration tag for each such dog unless such dog be licensed under § 71-3 of this chapter.
B.
Rabies inoculation requirement. No license or registration
tag shall be issued for any dog unless the owner thereof provides
evidence to the licensing authority that the dog to be licensed and
registered has been inoculated with a rabies vaccine for a period
equivalent to that for which the license is sought or a certificate
of exemption from that requirement.
C.
D.
Exceptions.
(1)
The provisions of this section shall not apply to any dog licensed under § 71-3 of this chapter.
(2)
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," and 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
therefor.
E.
Delinquent fees.
[Amended 4-17-1991 by Ord. No. 1991-20]
(1)
Any person who shall own, keep or harbor an unlicensed dog of licensing age after the last day of January of each year shall be required to pay a delinquent license fee as set forth in Chapter 135, Fees and Costs, in addition to the cost of each license or license renewal.
[Amended 4-18-2001 by Ord. No. 2001-12; 5-2-2007 by Ord. No. 2007-013; 9-26-2007 by Ord. No. 2007-023[2]]
(2)
The payment of the delinquent fee required under this
provision shall not relieve any person from liability for prosecution
for violation of this article.
F.
Application for license. The application for a dog
license shall state the breed, sex, age, color, and markings of the
dog for which the license and registration are sought, and whether
it is a long- or short-haired variety and the name by which the dog
is known or called; also the name, street and post office address
of the owner and person who shall keep, harbor or maintain such dog
within the Township of West Milford. The information on the application
and the registration number issued for the dog shall be preserved
for a period of three years by the Animal Control Officer. Additionally,
the Animal Control Officer shall forward an accurate account of registration
numbers issued or otherwise disposed of to the State Department of
Health and Senior Services each month on forms furnished by the Department.
Registration numbers shall be issued in the order of the applications
received.
G.
Removal of tags. No person except an officer in the
performance of his duties shall remove a registration tag from the
collar or harness of any dog without the consent of the owner, nor
shall any person attach a registration tag to a dog to which it was
not issued.
A.
License required; exemption for individual dog licenses.
[Amended 10-7-1987 by Ord. No. 1987-29]
(1)
Any person who keeps or operates or proposes to establish
a kennel, pet shop, shelter, or pound within the Township of West
Milford shall apply to the Animal Control Officer of the Township
for a license entitling him to keep or operate such establishment.
(2)
Any person holding such license shall not be required
to secure individual licenses for dogs owned by such licensee and
kept at such establishments. Such licenses shall not be transferable
to another owner or different premises.
B.
Application information. 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 Director of
Health showing compliance with the local and state rules and regulations
governing location of and sanitation at such establishments.
C.
Expiration; revocation of license. All licenses issued
for kennel, 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 be subject to revocation
by the Township on recommendation of the State Department of Health
and Senior Services or the Township Health Department for failure
to comply with the rules and regulations of the State Department or
Township Department governing the same, after the owner has been afforded
a hearing by either the State Department or Township Department.
[Amended 10-7-1987 by Ord. No. 1987-29]
D.
License fees. The annual license fees for kennel and pet shop licenses are set forth in Chapter 135, Fees and Costs. There shall be no license fee for shelters or pounds.
[Amended 12-5-2007 by Ord. No. 2007-030]
E.
Control of dogs off premises. No dog kept in a kennel,
pet shop, shelter or pound shall be permitted off such premises, except
on leash or in a crate or other safe control.
F.
Reports to State Department of Health and Senior Services.
The Township Health Department shall forward to the State Department
of Health and Senior Services a list of all kennels, pet shops, shelters
and pounds licensed within 30 days after the licenses therefor are
issued, which list shall include the name and address of the licenses
and the kind of license issued.
[Amended 10-7-1987 by Ord. No. 1987-29]
A.
License fees and other moneys collected or received
under the provisions of this article, except the registration tag
fees, shall be forwarded to the Township Treasurer within 30 days
after collection of receipt, and shall be placed in a special account
separate from any of the other accounts of the Township and shall
be used for the following purposes only: collecting, keeping and disposing
of dogs liable to seizure under this article; local prevention and
control of rabies; providing antirabies treatment under the direction
of the Health Department for any person known or suspected to have
been exposed to rabies; all other purposes prescribed by the statutes
of New Jersey governing the subject, and for administering the provisions
of this article. 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 at
the end of each fiscal year thereafter, there shall be transferred
from such special account to the general funds of the Township any
amount then in such account which is in excess of the total amount
paid into the special account during the last two fiscal years next
preceding.
B.
The registration tag fee for each dog shall be forwarded
within 30 days after collection to the State Department of Health
and Senior Services.
[Amended 10-7-1987 by Ord. No. 1987-29; 2-6-1991 by Ord. No. 1991-8]
A.
Maintenance of dog and cat records. The Township Health
Department shall keep and maintain a record of any reported complaint
made against any dog or cat, including complaints involving any alleged
incident pertaining to the dog or cat having bitten any person or
animal within the Township, together with any record of Municipal
Court action pertaining to the same.
B.
Dog and cat canvass. Any person appointed shall biennially
cause a canvass to be made of dogs and cats owned, kept or harbored
within the Township and shall report, on or before September 1 of
the year in which the canvass is made to the Animal Control Officer
and to the Township Health Department, and to the State Department
of Health and Senior Services the result thereof, setting forth in
separate columns the names and addresses of persons owning, keeping
or harboring unlicensed dogs and cats, the number of unlicensed dogs
and cats owned, kept or harbored by each of said persons, together
with a complete description of each of said unlicensed dogs and cats.
[Amended 12-5-2007 by Ord. No. 2007-030]
[Added 10-7-1987 by Ord. No. 1987-29]
A.
Animal Control Officer; appointment. A certified Animal
Control Officer shall be appointed and employed, who shall be responsible
for animal control within the Township of West Milford and who shall
enforce and abide by the provisions of N.J.S.A. 4:19-15 et seq.
[Amended 12-5-2007 by Ord. No. 2007-030]
B.
Enforcement. All police officers of the Township,
regular and special, the Animal Control Officer and his authorized
agents are hereby given full power and authority and are charged with
the duty to enforce this article.
[Amended 10-7-1987 by Ord. No. 1987-29; 12-7-1988 by Ord. No. 1988-39; 2-6-1991 by Ord. No. 1991-8; 3-17-1999 by Ord. No.
1999-12]
A.
Grounds for impoundment.
(1)
It shall
be a violation of this article for the owner or person keeping or
harboring an animal to allow any condition which may lead to impoundment
of the animal to exist. The Animal Control Officer or his authorized
agents shall take into custody and impound or cause to be taken into
custody and impounded, and thereafter destroyed or disposed of as
provided in this section:
(a)
Any
dog or cat off the premises of the owner or of the person keeping
or harboring said dog or cat which said officer or his agent or agents
have reason to believe is a stray dog or cat.
(b)
Any
dog or cat off the premises of the owner or of the person keeping
or harboring said dog or cat without a current registration tag on
his collar.
(c)
Any
dog or cat or other animal which is suspected to be rabid.
(d)
Any
dog or cat or other animal off the premises of the owner reported
to, or observed by, the Animal Control Officer or his authorized agents
to be ill, injured or creating a threat to public health, safety or
welfare, or otherwise interfering with the enjoyment of property.
B.
Notice.
(1)
If any animal 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 animal is known, the Animal Control Officer, or
his authorized agents, shall forthwith serve on the person whose address
is given on the collar, or on the owner or the person keeping or harboring
said animal, if known, a notice in writing stating that the animal
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.
(2)
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 prepaid letter
addressed to that person at his usual or last known place of abode,
or to the address given on the collar.
(3)
When any dog or cat so seized has been detained for 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 or cat has not claimed said dog or cat and paid all expenses incurred by reason of its detention, including maintenance not exceeding the fee set forth in Chapter 135, Fees and Costs, and if the dog or cat be unlicensed at the time of seizure and the owner or person keeping or harboring said dog or cat has not produced a license and registration tag for said dog or cat, the Animal Control Officer may cause the dog or cat to be destroyed in manner causing as little pain as possible and consistent with the provisions of N.J.S.A. 4:22-19. No dog or cat or other animal so caught and detained or procured, obtained, set 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 cat or other animal for the purpose of experimentation shall be guilty of a disorderly persons offense.
[Amended 12-5-2007 by Ord. No. 2007-030]
(4)
After observation, any animal seized under this section
suspected of being rabid shall be immediately reported to the Director
of Health of the Township of West Milford and to the State Department
of Health and Senior Services.
[Added 10-7-1987 by Ord. No. 1987-29; amended 2-6-1991 by Ord. No. 1991-8]
Any officer or agent authorized or empowered
to perform any duty under this article may go upon any premises to
seize for impounding any dog or cat, which he may lawfully seize and
impound when such officer is in immediate pursuit of such dog or cat,
except upon the premises of the owner of the dog or cat if the owner
is present and forbids the same.
[Amended 10-7-1987 by Ord. No. 1987-29]
No person shall hinder, molest or interfere
with anyone authorized or empowered to perform any duty under this
article.
[Added 10-7-1987 by Ord. No. 1987-29]
No person shall keep, harbor or maintain any
dog which habitually barks, howls or cries. The habitual barking,
howling or crying of a dog or dogs in the Township of West Milford
is hereby declared to be a disturbing noise within the meaning of
N.J.S.A. 40:48-1, Subsection 8, and is further declared to be a nuisance.
[Amended 10-7-1987 by Ord. No. 1987-29]
A.
No person owning, keeping or harboring any dog shall
suffer or permit the dog to run at large within the Township. This
shall not apply to hunting dogs while they are in the woods and fields
of the Township and are under the dominion and control of the owners.
B.
No person owning, keeping or harboring any dog shall
suffer or permit it to be upon any public street or in any public
place of the Township unless such dog is securely confined and controlled
by a leash or tether of adequate and sufficient strength to restrain
the animal which shall not be more than six feet in length.[1]
[1]
Editor's Note: Original Section 8-12, Vicious
dogs, which previously followed this section, amended 10-7-1987 by
Ord. No. 1987-29, was repealed 2-6-1991 by Ord. No. 1991-8.
[Amended 10-7-1987 by Ord. No. 1987-29]
It shall be unlawful for any owner, keeper or
person in whose care, custody or control a dog has been left, for
that person to:
A.
Keep or maintain any dog leashed or tethered in the
open, upon any property within the Township, without providing said
animal with adequate food, water and a place of shelter within the
radius of the tether or leash.
B.
To tether or leash a dog by tying the same directly
to the neck of the animal or by connecting a leash or tether to a
choke collar.
C.
To tether or leash a dog so as to suffer or permit
the animal to block or interfere with any gate, walk, path or steps
when the same constitutes the means of ingress or egress to the premises
from the public way; provided, however, that this provision shall
not prevent any person from permitting a dog to run at large upon
private premises where the same are totally enclosed by a fence of
adequate and sufficient strength and height to prevent the animal
from leaving the enclosure, and provided further that there is posted
conspicuously at all entrances to the premises, a sign with lettering
at least two inches and not more than three inches in height and at
least 1 1/2 inches and not more than three inches in width, said
sign being 12 inches in height and width, stating that there is a
dog running at large upon said premises.
[Added 10-7-1987 by Ord. No. 1987-29]
No person owning, keeping or harboring any dog
shall suffer or permit it to do any injury to any person, or to do
any damage to any lawn, shrubbery, flowers, grounds or property of
another person.
[Added 10-7-1987 by Ord. No. 1987-29; amended 9-21-2005 by Ord. No. 2005-17]
A.
IMMEDIATE
OWNER/KEEPER
PERSON
PET
PET SOLID WASTE
PROPER DISPOSAL
Definitions. As used in this section, the following
terms shall have the meanings indicated:
That the pet solid waste is removed at once, without delay.
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.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
A domesticated animal (other than a disability assistance
animal) kept for amusement or companionship.
Waste matter expelled from the bowels of the pet; excrement.
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.
B.
Removal of feces.
(1)
Any person owning or in charge of any pet which soils,
defiles, defecates on or commits any nuisance of any common thoroughfare,
sidewalk, passageway, bypath, play area, park or any place where people
congregate or walk, or upon any public property whatsoever, or upon
any private property without permission of the owner of said property,
shall immediately remove all feces deposited by any such pet in a
sanitary manner.
(2)
The feces removed from the aforementioned designated
areas shall be disposed of by the person owning or in charge of the
pet by placement in a designated waste receptacle, or other sealed,
nonabsorbent, leakproof container, and discarded in a refuse container
which is regularly emptied by the municipality or some other refuse
collector; or by disposal into a system designed to convey domestic
sewage for proper treatment and disposal.
(3)
The provisions of this section shall not apply to
pet owners and keepers who require the use of a disability assistance
animal while such animal is being used for that purpose.
C.
Enforcement and penalties.
(1)
Enforcement. All police officers of the Township,
regular and special, and the Health Officer or his/her duly authorized
designee, are hereby given full power and authority and are charged
with the duty to enforce all provisions of this article.
(2)
Violations and penalties. Any person or persons, firm,
association or corporation violating any of the provisions of this
section shall, upon conviction thereof, be subject to any one or more
of the following penalties: a fine not exceeding $1,250, but in no
event less than $100, imprisonment for any term not exceeding 90 days,
or a period of community service not exceeding 90 days.
[Amended 10-7-1987 by Ord. No. 1987-29]
A.
Except as otherwise provided in this article, any person who violates or who fails to comply with § 71-2, 71-3 or 71-9 of this article or the rules and regulations promulgated by the State Department of Health and Senior Services and enforced by the Township Health Department, governing the sanitary conduct and operation of kennels, pet shops, shelters and pounds, shall be liable to a fine of not less than $5 nor more than $50, plus costs of court for each offense, except that for the first offense in cases of violations of § 71-2 of this article, the penalty shall be not less than $1 nor more than $50, plus costs of court.
B.
Any person who shall violate § 71-11 of this article shall be liable to a mandatory fine of $25 plus costs of court for the first offense; $50 plus costs of court for the second offense; and $100 plus costs of court for the third offense and each offense thereafter or to imprisonment for a period of not more than 10 days or both in the discretion of the court.
C.
Any person who shall be deemed to suffer or permit
a dog previously determined to be vicious under Section 8-12[1] to run at large shall be liable to a fine of not less
than $200 nor more than $300 plus costs of court for the first offense
or to imprisonment for a period of not more than 10 days or both in
the discretion of the court, and to a fine of not less than $300 nor
more than $500 plus costs of court or to imprisonment for a period
of not less than 10 days or both in the discretion of the court for
a second offense and each offense thereafter.
[1]
Editor's Note: Original Section 8-12, Vicious
dogs, was repealed 2-6-1991 by Ord. No. 1991-8.
D.
Any owner who suffers or permits a vicious dog to
run at large within the Township shall, in the event said animal is
deemed to have bitten any person or other domestic animal, be subject
to a fine of not less than $300 and not more than $500.
E.
All other offenses for which a penalty is not provided
for under this section shall be subject to a fine not to exceed $300
or imprisonment for a term not exceeding 10 days, or both.
[Added 2-6-1991 by Ord. No. 1991-8]
A.
License and registration tags required.
(1)
No person shall own, harbor or maintain a cat of more
than six months of age in the Township of West Milford unless the
person harboring or maintaining the cat shall have a valid license
for such cat, and shall have placed a registration tag, securely fastened,
to a collar or harness.
(2)
An application shall be completed and a license and
official metal registration tag procured from the Township Animal
Control Officer on an annual basis during the month of July. A license
for any previously unlicensed cat must be procured within 10 days
after the cat is brought into the Township or attains licensing age.
A license for any cat licensed in another state for the current year
shall be procured within 90 days after the cat is brought into the
Township.
B.
Rabies inoculation required. No license or registration
tag shall be issued for any cat unless the owner thereof provides
evidence to the licensing authority that the cat to be licensed and
registered has been inoculated with a rabies vaccine for a period
equivalent to that for which the license is sought or a certificate
of exemption from that requirement.
C.
License and registration tag fees. The annual license and registration tag fee, the replacement tag fee and the delinquent fee for late license and registration fees for cats are set forth in Chapter 135, Fees and Costs. The license shall expire on the last day of July of the year following the issuance of the license.
[Amended 4-18-2001 by Ord. No. 2001-12; 5-2-2007 by Ord. No. 2007-013; 9-26-2007 by Ord. No. 2007-023; 12-5-2007 by Ord. No. 2007-030]
