Township of Byram, NJ
Sussex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Byram 10-6-2003 by Ord. No. 13-2003.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Hunting — See Ch. 150.
Animals in parks — Ch. 182.
Animal nuisances — See Ch. 267.
[1]
Editor's Note: This ordinance also provided for the repeal of former Ch. 87, Animals, adopted 10-2-1974 as Ch. IX of the Revised General Ordinances of 1974, as amended.
The following words and terms shall have the meanings herein indicated for the purposes of this chapter:
ANIMAL
Dog or cat.
ANIMAL CONTROL AUTHORITY
Any person or agency designed or certified by the State of New Jersey to enforce the provisions of this chapter.
CAT
Any member of the domestic feline species, male, female or altered.
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.
HARBOR
The act of providing space or making available food or shelter in such a manner that attracts an animal or animals.
KENNEL
Establishment for the business or practice of boarding, grooming, selling or breeding animals or where animals are kept for any commercial purpose (except pet shops as hereinafter defined) or where five or more animals of licensing age are kept; one female dog for breeding purposes may be kept in a household to have one litter per year without obtaining a kennel license, provided that the pups are sold or disposed of after eight weeks of age, unless kept as licensed dogs, and that the female dog kept for breeding purposes must be registered as a breed bitch each year when licensed.
OWNER
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.
PERSON
Any individual, corporation, company, partnership, organization or institution commonly recognized by law as a unit.
PET SHOP
Any room or group of rooms, cage or exhibition pen, not part of a kennel, wherein animals for sale are kept or displayed.
POUND
An establishment for the confinement of animals seized either under the provisions of this chapter or otherwise.
SHELTER
Any establishment where animals are received, housed and distributed without charge.
VICIOUS DOG
Any dog that has been declared by a Municipal Court Judge to be a vicious dog which has attacked or bitten any human being or which habitually attacks other dogs or domestic animals.
A. 
Vaccination required. All animals shall be vaccinated against rabies by a licensed veterinarian in accordance with the latest "Compendium of Animal Rabies Vaccines and Recommendations for Immunizations" published by the National Association of State Public Health Veterinarian, except as provided in § 87-2C.
B. 
Certificate of vaccination. A certificate of vaccination shall be issued to the owner of each animal vaccinated on a form recommended by the state.
C. 
Exemptions. Any animal may be exempted from the requirements of such vaccination for a specified period of time by the Health Officer or Board of Health, upon presentation of a veterinarian certificate stating that because of an infirmity or other physical condition, or regimen of therapy, the inoculation of such animal is deemed inadvisable.
D. 
Proof of vaccination. Proof of current vaccination shall be required prior to release of any animal seized under § 87-14.
A. 
No person shall own, keep or harbor any dog within the Township without first obtaining a license as required herein, and no person shall keep or harbor a dog except in compliance with the provisions of this chapter.
B. 
Licenses shall be required for the following dogs of licensing age:
(1) 
Any dog owned or kept within the Township by a resident of the Township on the first day of April of any calendar year.
(2) 
Any dog acquired by any person during the course of any calendar year and kept within the Township for more than 30 days after acquisition.
(3) 
Any dog attaining licensing age during the course of the calendar year.
(4) 
Any unlicensed dog brought into the Township by any person and kept within the Township for more than 30 days.
(5) 
Any dog licensed by another state brought into the Township by any person and kept within the Township for more than 90 days.
A. 
Each application for a license under this chapter shall include the following information:
(1) 
A general description of the dog sought to be licensed, including breed, sex, age, color and markings, and whether such dog is of a longhaired or shorthaired variety.
(2) 
The name, street and post office address and telephone number of the owner of and the person who shall keep or harbor such dog.
(3) 
Proof of compliance with § 87-2.
B. 
The license application for dogs that are required to be licensed by the provisions of § 87-3B(1) shall be submitted before the first day of May of each calendar year. In all other cases, the application for a license shall be made within 30 days of the day upon which the dog in question first becomes subject to the provisions of this chapter.
C. 
Only one license and registration tag shall be required for any dog owned in New Jersey per licensing year. A license and registration tag issued by another municipality of this state shall be accepted by the Township as evidence of compliance with §§ 87-2, 87-3 and 87-4. Within 30 days of moving to Byram Township, an application must be made for a Byram Township dog license for which no fee will be charged.
D. 
Registration numbers shall be issued in the order in which applications are received.
E. 
Official tags or sleeves shall be furnished by the Township and shall bear the registration number, year of issuance and name of the municipality. The registration tag shall be securely fastened to a collar or harness, and no licensed dog shall be allowed off the premises of the person harboring or keeping it without it.
F. 
No person, except an officer in performance of his/her duties, shall remove a registration tag from a licensed dog without the consent of the owner, nor shall any person attach a registration tag or sleeve to a dog for which it was not issued.
G. 
If a registration tag or sleeve is misplaced or lost, a duplicate may be obtained for a fee as set forth in Chapter A287, Fees.
[Amended 2-4-2008 by Ord. No. 2-2008]
H. 
In addition, three-year licenses shall be available at a fee as set forth in Chapter A287, Fees, covering a three-year period for any dog over the age of seven months.
[Added 1-20-2009 by Ord. No. 1-2009]
I. 
Except for the three-year licenses, which shall be renewed every three years, each license shall be renewed annually. Proof of rabies immunization must be presented at the time of license or renewal application. Said licenses and renewals thereof shall expire on the 30th day of April in the year the license must be renewed. There shall be added to any license fee paid after April 30 a late charge as set forth in Chapter A287, Fees.
[Added 1-20-2009 by Ord. No. 1-2009]
The information on all applications under this chapter and the registration number issued to each licensed dog shall be preserved for a period of three years by the Clerk or other official designated by the Township. In addition, each month he/she shall forward similar information to the State Department of Health on forms furnished by that Department.
Each dog license and registration tag shall expire on the last day of April of the calendar year following the calendar year in which it was issued.
The provisions of this chapter shall not apply to any animal licensed under § 87-8 of this chapter. 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 in the same manner as other dogs except that the owner or keeper shall not be required to pay any fee therefor.
A. 
License required. Any person who operates or proposes to establish a kennel, pet shop, shelter or pound shall apply for a kennel and pet shop license. Any person holding such license shall not be required to secure individual licenses for animals that he/she owns and keeps at such establishment. Kennel and pet shop licenses are not transferable.
B. 
Application information. The application shall contain the following information:
(1) 
The name, permanent and local address of the applicant.
(2) 
The street address where the establishment is or will be located, together with a general description of the premises.
(3) 
The purposes for which it is to be maintained.
(4) 
The maximum number of animals to be accommodated by such establishment at any one time.
C. 
Approval of Health Officer. To obtain a kennel license, the applicant must submit a written statement from the Health Officer of the Board of Health that the establishment or proposed establishment complies with local and state rules governing its location and sanitation.
D. 
License term. A license issued for a kennel, pet shop, shelter or pound shall state the purpose for which the establishment is maintained and shall expire each year on the last day of June.
E. 
License fees. The annual license fees for kennel and pet shop licenses shall be as set forth in Chapter A287, Fees.
[Amended 2-4-2008 by Ord. No. 2-2008]
F. 
Construction and operation.
(1) 
A kennel must be located, constructed, arranged and operated so that the animals maintained there are housed in a building detached from the applicant's residence, and the animals shall be confined to a secure enclosure and run areas so that they cannot come in contact with other animals not maintained therein, and otherwise in such manner so that the kennel shall not be a nuisance as to noise, odors or actions in the neighborhood.
(2) 
Animals maintained in pet shops shall be confined in a secure enclosure and connected run areas so that they cannot come in contact with other animals, and the size, location and sanitary facilities shall be such that the animals cannot come into contact with any other animals not owned or maintained by the owner.
(3) 
All secure enclosures shall be constructed of impervious washable material. The floors of the secure enclosures referred to herein and the run areas shall have a concrete steel-troweled base and shall be pitched to provide proper drainage to drains and gutters which are connected to an approved subsurface septic system or sewer line.
(4) 
The buildings used for kennels, pet shops and shelters shall at all times have hot and cold running water, be maintained at a minimum temperature of 55° F., have facilities for washing and sanitizing utensils, in a manner approved by the Board of Health, and have windows and doors which are screened and provide adequate ventilation so that the premises are free from insects and foul odors.
G. 
Compliance with state regulations.
(1) 
A license issued for a kennel, pet shop, shelter or pound shall be subject to revocation by the Township Council on recommendation of the State Department of Health or the Board of Health for failure to comply with the rules and regulations of the State Department of Health, after the owner has been afforded a hearing by either the State Department of Health or the Board of Health.
(2) 
Any person holding a license to establish, keep or operate a kennel, pet shop, shelter or pound shall comply with all Township ordinances and the rules and regulations promulgated by the State Department of Health governing the sanitary conduct and operation of kennels, pet shops, shelters and pounds, the preservation of sanitation therein and the prevention of the spread of rabies and other diseases of animals within and from such establishments.
H. 
Records. There shall be kept at each kennel, pet shop, pound or shelter a record of all animals received, containing a description of the animal, its license number, breed, age and sex, the name and address of the person from whom acquired, the date disposed of and the name and address of the person to whom sold or otherwise transferred. These records shall be kept at the licensed premises for one year after the date the animal is removed from the establishment, and the record shall be available to any proper agent or officer of the Township or to members or officers or duly authorized agents of the local Board of Health or the State Department of Health.
I. 
Reports to State Health Department. The Clerk shall forward to the State Department of Health 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 licensee and the kind of license issued.
J. 
Control of animals off premises. No animals kept in a kennel, pet shop, shelter or pound shall be permitted off such premises, except on a leash or in a crate or under other safe control.
In February of every other year, the Township Manager shall appoint a person for the purpose of causing a canvass to be made of all dogs owned, kept or harbored within the limits of the Township and shall report the results thereof to the Animal Control Authority, Township Board of Health and the State Department of Health. The results of the canvass shall be set forth in separate columns that state the names and addresses of persons owning, keeping or harboring unlicensed dogs, the number of unlicensed dogs owned, kept or harbored by each such person, together with a complete description of each of said unlicensed dogs.
A. 
The definitions and standards of the New Jersey Vicious and Potentially Dangerous Dog Act, N.J.S.A. 4:19-16 et seq., are hereby incorporated by reference.
B. 
Proceedings as to vicious or potentially dangerous dogs shall be instituted and prosecuted in the Byram Municipal Court in accordance with N.J.S.A. 4:19-16 et seq.
C. 
If the Court determines that a dog is vicious, it shall be expeditiously and humanely destroyed.
D. 
If the Court determines that a dog is potentially dangerous, it shall issue an order and schedule for compliance in accordance with N.J.S.A. 4:19-24.
E. 
The Animal Control Officer shall verify, in writing, to the Township Clerk or other Township official designated to license dogs, that the owner of a potentially dangerous dog has complied with the Court's order, whereupon a potentially dangerous dog license number and red identification tag shall be issued along with a Byram Township potentially dangerous dog license.
F. 
The dog owner shall pay a fee as set forth in Chapter A287, Fees, for the potentially dangerous dog license and each annual renewal thereof.
[Amended 2-4-2008 by Ord. No. 2-2008]
G. 
Violations of this chapter shall be reported to the Byram Township Police Department at (973) 347-4008.
H. 
All fines and fees collected or received by the Township for violations by owners of potentially dangerous dogs (N.J.S.A. 4:16-29) and annual fees for potentially dangerous dog licenses shall be deposited in a special account and used to administer and enforce the provisions of the Vicious and Potentially Dangerous Dog Act.
I. 
If a dog is found to be vicious or potentially dangerous, the owner shall pay the Township for the costs of impounding and/or destroying the animal. Payment shall be made within 15 days of receipt of a bill from the Township. The owner shall pay all costs associated with impounding the dog at a facility other than the municipal pound.
A. 
Interference with official duties. No person shall hinder, molest or interfere with anyone authorized or empowered to perform any duty under this chapter.
B. 
Disturbing the peace.
(1) 
No person shall own, keep, harbor or maintain any animal which shall habitually bark, cry, whine, howl or otherwise disturb the peace or quiet of the neighborhood or the sleep of any person for any period beyond 1/2 hour between the hours of 10:00 p.m. and 7:00 a.m. or otherwise repeatedly at intervals of more than 1/2 hour at any time of day or night.
(2) 
The habitual barking, howling, whining or crying of an animal or animals in the Township of Byram in violation of § 87-11B(1) is hereby declared to be a disturbing noise within the meaning of N.J.S.A. 40:48-1, Subsection 8, and a nuisance.
C. 
Property damage. No person owning, keeping or harboring an animal shall permit or suffer it to do any injury or to do any damage to any lawn, shrubbery, flowers, grounds or property or a complaint may be made in Municipal Court against the owner or keeper of the animal.
A. 
Dogs running at large. No person owning, keeping or harboring any dog shall suffer or permit it to run at large within the Township upon the public streets, or in any public park, public building or other public place, or any place where the public is invited or, without permission, on any private property other than that of the owner or person keeping it. This shall not apply to hunting dogs while being used for hunting purposes accompanying a human.
B. 
Leashing of dogs.
(1) 
No person owning, keeping or harboring any dog shall suffer or permit it to be upon the public streets or in any of the public places of the Township unless such dog is accompanied by a person and is securely controlled on a leash.
(2) 
The Animal Control Officer shall file a complaint in the Municipal Court when a dog has been impounded for running at large.
C. 
Dogs defined as public nuisance.
(1) 
Any dog shall be considered a public nuisance and shall be subject to the provisions of § 87-14 if:
(a) 
It has no owner or custodian;
(b) 
It has no place of care or shelter;
(c) 
It trespasses upon or damages either private or public property; or
(d) 
It bites, scratches or harms persons within the Township.
(2) 
Any dog off the premises of the owner or the person keeping or harboring the dog and constituting a public nuisance, as defined above, shall be impounded according to § 87-14, provided that the owner of the property upon which the trespassing occurs authorizes the seizure.
A. 
Cats defined as public nuisance.
(1) 
Any cat shall be considered a public nuisance and shall be subject to the provisions of § 87-14 if:
(a) 
It has no owner or custodian;
(b) 
It has no place of care or shelter;
(c) 
It trespasses upon or damages either private or public property; or
(d) 
It bites, scratches or harms persons within the Township.
(2) 
Any cat off the premises of the owner or the person keeping or harboring the cat and constituting a public nuisance, as defined above, shall be impounded according to § 87-14, provided that the owner of the property upon which the trespassing occurs authorizes the seizure.
(3) 
Any cat off of the premises of the owner or the person keeping or harboring the cat which the Animal Control Officer or other authorized person has taken into custody in accordance with § 186-13A(1) and (2).
A. 
Causes for impoundment. The Animal Control Officer shall take into custody and impound, or cause to be taken into custody and impounded, any of the following animals:
(1) 
Any dog declared to be vicious under § 87-10 that has not been disposed of.
(2) 
Any animal off the premises of its owner or keeper pursuant to §§ 87-12 and 87-13 unless it is present on a property with permission of the property owner.
(3) 
Any animal off the premises of the owner of or the person keeping or harboring it which the Animal Control Officer or his/her agent has reason to believe is a stray; any dog without a current registration tag on its collar off the premises of the owner of or the person keeping or harboring such animal.
(4) 
Any animal kept in a kennel or pet shop and off the premises of the establishment and not confined or controlled in accordance with § 87-8J.
(5) 
Any animal that is suspected to be rabid.
(6) 
Any animal off the premises of the owner reported to or observed by the 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. 
Access to premises. 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 that he/she may lawfully seize and impound when such officer is in immediate pursuit of such animal, except upon the premises of the owner of the animal if the owner is present and forbids the same.
C. 
Holding period. Impounded animals shall be held as follows:
[Added 10-4-2004 by Ord. No. 17-2004]
(1) 
Seven days if the animal has no license or other form of identification.
(2) 
Ten days if it has bitten a person and/or is suspected of having rabies.
(3) 
Fourteen days if it has a license or some other form of identification.
D. 
Notice of seizure.
[Amended 10-4-2004 by Ord. No. 17-2004]
(1) 
If an animal so impounded or seized wears a registration tag, collar or harness having inscribed thereon or attached thereto the name and address of any person, or if the person keeping or harboring the animal is known, the Animal Control Officer shall immediately serve on the person whose address is given on the collar, or on the person owning, keeping or harboring the animal, 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 14 days after service of the notice.
(2) 
A notice under this subsection may be served either by personal delivering 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 mail 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.
A. 
Disposition of unclaimed animals. The Animal Control Officer is authorized and empowered to dispose of an impounded animal, either by offering it for adoption or by causing it to be destroyed in a manner causing as little pain as possible, consistent with N.J.S.A. 4:22-19 or under any of the following contingencies:
[Amended 10-4-2004 by Ord. No. 17-2004]
(1) 
Notice is given in accordance with § 87-14D and the animal remains unclaimed.
(2) 
The owner or person keeping or harboring the animal so seized has not claimed the animal and has not paid all expenses incurred by reason of its detention.
(3) 
If a dog is unlicensed at the time of its seizure and the owner or person keeping or harboring such animal does not produce a license and registration tag for the dog.
B. 
Adoption. At the time of adoption, the right of ownership in the animal shall transfer to the new owner. No animal so caught and detained or procured, obtained, sent or brought to a pound or shelter shall be sold or otherwise made available for the purpose of experimentation.
C. 
Rabies observation. After observation, any animal seized under this chapter that is suspected of being rabid shall immediately be reported to the Township Board of Health, the Sussex County Division of Health and to the State Department of Health.
A. 
Dog license fee. Any person who applies for a new or renewal license shall pay an annual fee as set forth in Chapter A287, Fees. The license shall be valid only for the animal and owner for which it is issued; licenses are not transferable.
[Amended 2-4-2008 by Ord. No. 2-2008]
B. 
Late renewal fee. All dog licenses shall be renewed during April of each year. Renewals which are not applied for within the month of April shall be charged an additional late fee as set forth in Chapter A287, Fees, commencing May 1 of each year. Dogs licensed for the first time in Byram Township after May 1 shall not be subject to a late renewal fee.
[Amended 2-4-2008 by Ord. No. 2-2008]
C. 
Pickup fee. When the Animal Control Authority picks up an animal that has run loose, the owner shall pay a pickup fee as set forth in Chapter A287, Fees, in addition to any other costs or fines which may be imposed.
[Amended 2-4-2008 by Ord. No. 2-2008]
D. 
Boarding fee. A fee as set forth in Chapter A287, Fees, shall be paid for boarding and maintenance for each twenty-four-hour period, or part thereof, during which an animal is impounded.
[Amended 10-4-2004 by Ord. No. 17-2008; 2-4-2008 by Ord. No. 2-2008]
E. 
Medical services. The owner shall pay the cost of all medical services rendered to a seized/impounded animal at the rates established and customarily charged by the veterinarian/hospital.
[Added 10-4-2004 by Ord. No. 17-2008; 2-4-2008 by Ord. No. 2-2008]
F. 
Euthanasia and disposal fee. A fee shall be paid for euthanasia and disposition of an animal as set forth in Chapter A287, Fees.
[Amended 10-4-2004 by Ord. No. 17-2004; 2-4-2008 by Ord. No. 2-2008]
G. 
Quarantine, decapitation and disposal fee. A daily quarantine shall be paid for 10 days for any animal that has bitten a person and/or is suspected of having rabies. If decapitation is required, an additional fee will be paid as well as a cremation/disposal fee. Additional decapitation fees shall be charged for larger animals. The governing body will establish and amend said fees by resolution.
[Amended 10-4-2004 by Ord. No. 17-2004]
H. 
Returned check fee. A fee as set forth in Chapter A287, Fees, shall be paid for each check returned for insufficient funds
[Amended 10-4-2004 by Ord. No. 17-2004; 2-4-2008 by Ord. No. 2-2008]
I. 
Special account. License fees and other moneys collected or received under the provisions of this chapter, except registration tag fees, shall be forwarded to the Chief Financial Officer within 30 days after collection or 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 animals liable to seizure under this chapter; local prevention and control of rabies; providing antirabies treatment under the direction of the local Board of Health 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 chapter. 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, the CFO shall transfer from the special account to the general funds of the Township any amount in excess of the total amount paid into the special account during the last two fiscal years next preceding.
J. 
Within 30 days after collection, the Clerk shall forward the registration tag fee for each animal to the State Department of Health.
A. 
A person found guilty of violating any provision of this chapter shall, upon conviction thereof, be subject to one or more of the following: imprisonment in the county jail for a term not exceeding 90 days and/or a fine not exceeding $1,250 and/or a period of community service not exceeding 90 days; provided, however, that minimum fines shall be established as follows:
(1) 
failure to obtain license (§§ 87-3 and 87-4): $50.
(2) 
Dogs running at large (§ 87-12): $50.
(3) 
Disturbing the peace (barking or crying § 87-11): $50.
(4) 
Dogs attacking person (§ 87-10): $100.
(5) 
Removal of tag, attaching tag wrongfully (§ 87-4): $50.
(6) 
Dogs attacking other animals (§ 87-10): $100.
(7) 
Interference with an officer (§ 87-11): $100.
(8) 
Wildlife feeding (§ 87-18): $50.
[Added 12-19-2005 by Ord. No. 15-2005]
(9) 
Waterfowl feeding (§ 87-19): $50.
[Added 12-19-2005 by Ord. No. 15-2005]
B. 
This chapter shall be enforced by the Animal Control Officer, Board of Health and/or members of the Police Department or other municipal agents/employees designated by the Manager.
[Added 12-19-2005 by Ord. No. 15-2005]
A. 
No person shall feed any wildlife in any public park or on any other property owned or operated by the Township of Byram. This does not apply to confined wildlife (e.g., wildlife confined at zoos, parks or rehabilitation centers, or unconfined wildlife at environmental education centers) or feral cats as part of an approved trap, neuter and release (TNR) program.
B. 
Feeding refers to giving, placing, exposing, depositing, distributing or scattering edible material with the intention of feeding, attracting or enticing wildlife. Feeding does not include the baiting in the legal taking of fish and/or game.
C. 
The baiting of wildlife for hunting and fishing purposes is allowed within New Jersey Fish and Game Regulations.
D. 
Any person found guilty of violating this section shall be punishable as provided in § 87-17.
[Added 12-19-2005 by Ord. No. 15-2005]
A. 
No person shall feed or provide food for any wild waterfowl at any time in any public park or any property owned or operated by the Township of Byram.
B. 
The following terms shall have the meanings indicated:
FEED
To place, deposit, scatter or distribute in a location accessible to waterfowl any type of food, including but not limited to corn, wheat or other grains, bread, popcorn, scraps or any substance liable to be eaten by waterfowl.
WATERFOWL
Nondomesticated waterfowl, whether migratory or not, including but not limited to Canada geese and mallard ducks.