[HISTORY: Adopted by the Mayor and Council
of the Borough of Madison 5-23-2005 by Ord. No. 15-2005. Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Dog or cat, for the purpose of this chapter.
Any facility operated by a nonprofit humane agency, municipal
agency, or any other authorized agent for the Borough for the purpose
of impounding or caring for animals held under the authority of this
chapter or state law.
[Added 5-29-2019 by Ord.
No. 20-2019]
A certified municipal animal control officer or, in the absence
of such an officer, the chief law enforcement officer of the Borough
or his designee.
Any dog or cat which has attained the age of seven months
or which possesses a set of permanent teeth.
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.
[Added 5-29-2019 by Ord.
No. 20-2019]
The home or other facility in which an animal rescue organization
houses and cares for an animal.
[Added 5-29-2019 by Ord.
No. 20-2019]
To seize with the teeth or jaws so as to enter, nip or grip
the person or thing seized; also to cut, wound, pierce or impress
deeply the person or thing seized.
The Borough of Madison in the County of Morris.
Any member of the domestic feline species, male, female,
or neutered.
Any dog, bitch or spayed bitch.
The pet solid waste is removed, at once, without delay.
Any establishment or person who owns or operates such an
establishment wherein or whereon the business of boarding or selling
dogs or breeding dogs for sale is carried on, except a pet shop or
pet store.
[Amended 5-29-2019 by Ord. No. 20-2019]
To render permanently incapable of reproduction as certified
by a licensed veterinarian.
When applied to the proprietorship of an animal shall include
every person having a right of property (or custody) in such animal
and every person who has such animal in his/her keeping, or who harbors
or maintains an animal or knowingly permits an animal to remain on
or about any premises occupied by that person. A person shall be deemed
to have an animal in his keeping or under his control whenever the
ownership or custody of such animal is an unemancipated infant or
other member of his/her household.
Includes the building or plot of land on which said building
stands in which the owner of an animal has a place of abode or place
of business in the Borough.
An individual, firm, partnership, corporation, association
of persons, or institution commonly recognized by law as a unit.
A domesticated animal (other than a disability assistance
animal) kept for amusement or companionship.
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 5-29-2019 by Ord. No. 20-2019]
A person who owns or operates a pet shop or pet store, or
both.
[Added 5-29-2019 by Ord.
No. 20-2019]
Waste matter expelled from the bowels of the pet; excrement.
An establishment for the confinement of animals seized either
under the provisions of this chapter or otherwise.
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.
Any establishment where animals are received, housed, and
distributed.
Any animal which at any time, without provocation, has attacked
or shall attack a human being or another domestic pet, either while
upon or off the premises occupied by the person owning, keeping, harboring
or having the custody or possession of the attacking animal. "Vicious
animal" shall also mean and include any animal which has caused any
human being engaged in a lawful activity or occupancy to be fearful
for his own safety by chasing or snapping at such person without provocation.
A.
The position of Animal Control Officer is hereby established
under the jurisdiction of the Department of Health.
B.
The Animal Control Officer shall be a certified municipal
animal control officer or, in the absence of such an officer, the
chief law enforcement officer of the Borough or his designee.
C.
The Council of the Borough of Madison is hereby empowered
to appoint an Animal Control Officer or may designate some other authority
to enforce the provisions of this chapter.
D.
The Council shall also have the power to enter into
a contract with one (1) or more persons, either individual or corporate,
to exercise the duties of the Animal Control Officer in enforcing
the provisions of this chapter.
E.
All police officers of the Borough of Madison, regular
and special, and the Animal Control Officer are hereby given full
power and authority and are charged with the duty to enforce this
chapter.
F.
The duties of the Animal Control Officer shall be
the enforcement of the measures and provision for the control of the
animal contained in Title 4, Chapter 19, Sections 15.1 through 15.29,
of the Revised Statutes of the State of New Jersey and any amendments
thereof and the provisions of this chapter.
No person shall keep or harbor or suffer the
keeping or harboring within the limits of the Borough of Madison any
dog or cat of licensing age without first obtaining a license therefor
to be issued by the Health Department of the Borough, upon application
by the owner or some person on behalf of the owner and payment of
the prescribed fee, and no person shall keep or harbor any dog or
cat in the Borough except in compliance with the provisions for the
control of animals contained in Title 4, Chapter 19, Sections 15.1
through 15.29 of the Revised Statutes of New Jersey and any amendments
thereof.
A.
Any person who shall own, keep or harbor or suffer
the keeping or harboring of any dog of licensing age within the Borough
of Madison shall, in the month of January and annually thereafter,
apply for and procure from the Health Department a license and official
registration tag for each such dog so owned, kept or harbored and
shall place upon each dog a collar or other device with the license
number securely fastened thereto or displayed thereon.
B.
Any person who shall own, keep or harbor or suffer
the keeping or harboring of any cat of licensing age within the Borough
of Madison shall, in the month of January and annually thereafter,
apply for and procure from the Health Department a license and official
registration tag for each such cat so owned, kept or harbored and
shall place upon such cat a collar or other device with the license
number securely fastened or displayed thereto. Acceptable methods
of displaying license number shall include, but not be limited to,
breakaway or elastic collars.
[Amended 8-22-2004 by Ord. No. 44-2005]
A.
The person applying for a license and registration tag shall pay a fee for each dog or cat as provided for in § 59-15.
B.
The person applying for a license and registration
tag shall pay the fee fixed or authorized. The fee for renewal of
a license and registration tag shall be the same as for the original,
and said license, registration tag and renewal thereof shall expire
on January 31 of the following year.
C.
Only one license and registration tag shall be required
in any licensing year for any dog or cat owned in Madison Borough,
and such license and registration tag issued by any municipality in
the State of New Jersey shall be accepted as evidence of compliance
with this section.
D.
Any dog or cat owner or person harboring a dog or cat found to have an unlicensed dog or cat by the Borough Animal Control Officer or any other municipal official on or after February 1 shall be required to pay an additional delinquent fee, as established by § 59-15, plus the required license fee as provided in this chapter for the animal license, together with any other fines due to summons issued that may be imposed on him as provided in this chapter for failure to obtain an animal license by January 31. The aforementioned fee shall not apply to animals which have been acquired by the owner after February 1, provided said license is obtained within 10 days after acquisition and sufficient proof is presented to establish the date the dog or cat is acquired.
[Amended 8-22-2004 by Ord. No. 44-2005]
E.
Dogs used as guides for blind persons and commonly
known as "Seeing-Eye dogs," dogs used to assist handicapped persons
and commonly known as "service dogs," or dogs used to assist deaf
persons and commonly known as "hearing ear dogs" shall be licensed
and registered as other animals hereinabove provided for, except that
the owner or keeper of such dog shall not be required to pay any fee
thereof.
F.
The owner or keeper of any newly acquired animal of
licensing age shall make application for such license and registration
tag for such animal within 10 days after such acquisition or age attainment.
G.
Any owner or keeper of a licensed dog or cat whose current licensed tag has been lost may obtain a replacement tag by applying to the Health Department immediately. A charge, as established in § 59-15, is made for replacement of this tag.
H.
No person shall make use of or have in his possession
or under his control a stolen, counterfeit or forged dog or cat license
receipt, animal license registration tag or rabies vaccination certification
or other forms issued in accordance with the provisions of this chapter.
I.
Any person applying for a dog or cat license for a
neutered dog or cat must present to the licensing agent a veterinarian's
certification that said animal of reproductive age has had its reproductive
capacity permanently altered through sterilization.
A.
All dogs and cats shall be vaccinated against rabies by a licensed veterinarian in accordance with the latest "Compendium of Animal Rabies Vaccines and Recommendations for Immunization" published by the National Association of State Public Health Veterinarians, except as provided for in § 59-6D.
B.
Any person applying for a dog or cat license and registration tag must provide evidence to the Health Department that said animal has been inoculated with a rabies vaccine of a type approved by and administered in accordance with the recommendations of the United States Department of Agriculture and the United States Department of Human Services, or has been certified exempt as provided for by § 59-6D. The rabies inoculation shall be administered by a duly licensed veterinarian or by such other veterinarian permitted by law to do the same. Such vaccine shall be repeated at intervals as provided by regulations of the New Jersey State Department of Health.
C.
A certificate of vaccination shall be issued to the
owner of each dog or cat vaccinated on a form recommended by the State
of New Jersey.
D.
Any dog or cat may be exempt from the requirement
of such vaccination for a specified period of time by the Health Department
upon presentation of a veterinarian's certificate stating that because
of an infirmity or other physical condition or regimen of therapy,
the inoculation of such animal shall be deemed inadvisable.
A.
Any person appointed for the purpose by the Borough
of Madison shall take into custody and impound or cause to be taken
into custody and impounded, and thereafter destroy or dispose of as
provided in this section:
(1)
Any dog off the premises of the owner or of the person
keeping or harboring said dog which said official or his agent or
agents has reason to believe is a stray dog;
(2)
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 its collar;
(3)
Any female dog in season off the premises of the owner
or of the person keeping or harboring said dog;
(4)
Any dog or other animal which is suspected of being
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.
B.
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, any person authorized by the Borough
shall forthwith serve on the person whose address is given on the
collar, or on the owner or 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.
C.
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.
D.
When any animal 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 person keeping or harboring said animal has not claimed said animal and paid all expenses incurred by reason of its detention, including maintenance, and if the animal is unlicensed at the time of seizure and the owner or person keeping or harboring said animal has not produced a license and registration tag for said animal, any person authorized by the Borough may cause the animal to be destroyed in a manner causing as little pain as possible and consistent with the provisions of Title 4, Chapter 22, Section 19, of the Revised Statutes of the State of New Jersey, and any amendments thereof.
Any officer or agent authorized or empowered
to perform any duty under this chapter is hereby authorized to go
upon any premises to seize for impounding any animal or animals which
he may lawfully seize and impound when such officer is in the immediate
pursuit of such animal or animals, except upon the premises of the
owner of the animal if said owner is present and forbids the same.
A.
Whenever a dog, cat or other animal is affected by
rabies or suspected of being affected by rabies or has been bitten
by an animal known or suspected to be affected by rabies, the owner
or person in charge of the animal or any person having knowledge thereof
shall forthwith notify the Health Department of the place where the
animal is located.
B.
Whenever a dog, cat or other animal bites a person, the owner or person in charge of the animal, the person bitten or parent or guardian or the physician having professional attendance upon any person bitten shall notify the Health Department of the name, age, sex, color, and precise location of the person so bitten pursuant to the Revised Statutes of the State of New Jersey, Title 26, Chapter 4, Sections 78 through 95.
A.
Defiling or damaging property. No person shall suffer,
permit or allow any animal to injure or damage or soil or defile any
lawn or shrubbery or flowers or grounds, or any property, either public
or private, of any person other than that of its owner. No person
shall suffer, permit, or allow any dog to be upon any private or public
property other than the premises of the owner without the consent
of the owner or tenant of the private or public property or to permit
the dog to run unleashed off the premises of the owner.
B.
Requirements for disposal. All pet owners and keepers
are required to immediately and properly dispose of their pet's solid
waste deposited on any property, public or private, not owned or possessed
by that person. Pet waste shall not be deposited into any catch basin
or street drain, but must be properly disposed of in a sanitary manner.
C.
Exemptions. Any owner or keeper who requires the use
of a disability assistance animal shall be exempt from the provisions
of this section while such animal is being used for that purpose.
Chapter 307 of the Laws of the State of New
Jersey 1989 (N.J.S.A. 4:19-17 through 4:19-35 et seq.) and the amendments
and supplements thereto are hereby adopted, enacted and incorporated
herein.
No person shall keep within the Borough any
dog causing a nuisance and disturbing the peace and quiet of the neighborhood
in which it shall be kept by chronically howling, barking and/or making
and causing other sounds or noises.
A.
Any person who keeps or operates or proposes to establish a kennel, a pet shop, a shelter or pound shall apply to the Health Department for a license entitling him to keep or operate such establishment and shall pay an annual fee as established in § 59-15. The application shall describe the premises where the establishment is located or is proposed to be located and the purpose for which it is to be maintained.
B.
All licenses issued for a kennel, pet shop, shelter
or pound shall expire on the last day of January of each year and
shall be subject to revocation by the Borough for failure to comply
with the rules and regulations governing kennels, pet shops, shelters
and pounds pursuant to the New Jersey Administrative Code, Title 8,
Chapter 23, Subchapter 3, and this chapter. Any person holding such
license shall not be required to secure individual licenses for animals
owned by such licensee and kept at such establishment; such licenses
shall not be transferable to another owner or different premises.
C.
No animal kept in kennel, pet shop, shelter or pound
shall be permitted off the premises, except on a leash or in a crate
or other method of safe control.
D.
Any person who keeps or operates a kennel, a pet shop,
a shelter or pound shall be subject to such inspection or inspections
as may be required to comply with rules and regulations governing
the sanitary operation of kennels, pet shops, shelters and pounds
pursuant to the New Jersey Administrative Code, Title 8, Chapter 23A,
Subchapter 1 and this chapter.
[Added 5-29-2019 by Ord.
No. 20-2019]
A.
No pet
shop, pet shop operator, pet store, or pet store operator may sell,
offer for sale, barter, auction, breed or otherwise dispose of dogs
and cats in the Borough of Madison. Nothing in this section shall
prohibit pet shops, pet shop operators, pet stores, or pet store operators
from collaborating with animal care facilities, animal rescue organizations,
pounds, or shelters to offer space for such entities to showcase adoptable
dogs and cats.
B.
Nothing
contained herein shall prohibit an animal care facility, animal rescue
organization, pound, or shelter from keeping, displaying, selling
or otherwise transferring any dog, cat, or both, that has been seized,
rescued, or donated.
The Health Officer or any person appointed for
the purpose which person may include the Chief of Police, who annually
causes a canvass to be made of all dogs and cats owned, kept or harbored
within the limits of the Borough, and shall report biannually each
year to the licensing official and to the Department of Health, and
to the New Jersey State Department of Health the results thereof,
setting forth in separate columns the names and addresses of persons
owning, keeping or harboring unlicensed dogs or cats, the number of
unlicensed dogs or cats owned, kept or harbored by each said persons,
together with a complete description of each of said unlicensed animal.
The following fees shall be paid to the Borough
of Madison for compliance with this chapter:
|
Type of Fee
|
Fee
| |
|---|---|---|
|
Dog/cat license (1-year)
[Amended 8-22-2005 by Ord. No. 44-2005; 6-25-2007 by Ord. No. 41-2007; 10-26-2020 by Ord. No. 34-2020] | ||
|
Neutered
|
$18.00
| |
|
Non-altered
|
$21.00
| |
|
Dog/cat license (3-year)
[Added 10-26-2020 by Ord. No. 34-2020] | ||
|
Neutered
|
$50.00
| |
|
Non-altered
|
$60.00
| |
|
Dog/cat licenses, late fee (applications received
after February 1; at the discretion of the health officer)
[Amended 8-22-2005 by Ord. No. 44-2005; 6-25-2007 by Ord. No. 41-2007; 10-26-2020 by Ord. No. 34-2020] |
$10.00/mo
| |
|
Replacement dog or cat license tag
[Amended 10-26-2020 by Ord. No. 34-2020] |
$5.00
| |
|
Animal redemption fee
|
$25.00
| |
|
Pound maintenance, per day
|
$4.00
| |
|
Animal adoption, per animal
|
$15.00
| |
|
Disposal fee
| ||
|
Per dog
|
$80.00
| |
|
Per cat
|
$20.00
| |
|
Kennel operator license, annual
[Amended 10-26-2020 by Ord. No. 34-2020] | ||
|
10 or fewer animals
|
$25.00
| |
|
11 or more animals
|
$75.00
| |
|
Pet shop operator licenses, annual
[Amended 10-26-2020 by Ord. No. 34-2020] |
$25.00
| |
|
Animal trap deposit
[Amended 10-26-2020 by Ord. No. 34-2020] |
$40.00
| |
|
Annual potentially dangerous dog licenses
[Amended 10-26-2020 by Ord. No. 34-2020] |
$250.00
| |
No person shall hinder, molest or interfere
with anyone authorized or empowered to perform any duty under this
chapter.
Any person violating or failing to comply with
any of the provisions of this chapter shall, upon conviction thereof,
be punishable by a fine of not more than $500 or by imprisonment for
a term not to exceed 90 days, or by both such fine and imprisonment,
in the discretion of the Judge. The continuation of such violation
for each successive day shall constitute a separate offense, and the
person or persons allowing or permitting the continuation of the violation
may be punished as provided above for each separate offense, except:
