[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:
Dog or cat.
Any person or agency designed or certified by the State of
New Jersey to enforce the provisions of this chapter.
Any member of the domestic feline species, male, female or
altered.
Any dog, bitch or spayed bitch.
Any dog which has attained the age of seven months or which
possesses a set of permanent teeth.
The act of providing space or making available food or shelter
in such a manner that attracts an animal or animals.
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.
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.
Any individual, corporation, company, partnership, organization
or institution commonly recognized by law as a unit.
Any room or group of rooms, cage or exhibition pen, not part
of a kennel, wherein animals for sale are kept or displayed.
An establishment for the confinement of animals seized either
under the provisions of this chapter or otherwise.
Any establishment where animals are received, housed and
distributed without charge.
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.
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.
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.
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.
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:
(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:
(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]
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]
(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:
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.
[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.
FEED
WATERFOWL
The following terms shall have the meanings indicated:
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.
Nondomesticated waterfowl, whether migratory or not, including
but not limited to Canada geese and mallard ducks.[1]
[1]
Editor's Note: Former § 87-20, Backyard chickens,
adopted 10-6-2020 by Ord. No. 009-2020 and which immediately followed,
was repealed 12-1-2020 by Ord. No. 015-2020.
