[HISTORY: Adopted by the Mayor and Council
of the Borough of Chatham 7-8-1957; 9-12-1977 by Ord. No. 6-77 (Chs. 70 and 62 of the 1975 Code); amended in its entirety
at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Subsequent 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.
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.
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 Chatham, in the County of Morris.
Any member of the domestic feline species; male, female,
or neutered.
Any dog, bitch or spayed bitch.
That the pet solid waste is removed at once, without delay.
Any establishment wherein or whereon the business of boarding
or selling dogs or breeding dogs for sale is carried on, except a
pet shop.
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 room or group of rooms, cage or exhibition pen, not part
of a kennel, wherein animals for sale are kept or displayed.
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 Duties of the Animal Control Officer shall be
the enforcement of the measures and provisions for the control of
the animal contained in N.J.S.A. 4:19-15.1 through 4:19-15.29, and
any amendments thereof, and the provisions of this chapter.
C.
The Council of the Borough of Chatham 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 or more persons, either individual or corporate,
to exercise the duties of Animal Control Officer in enforcing the
provisions of this chapter.
E.
All police officers of the Borough of Chatham, 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.
Any person authorized to exercise the duties of Animal
Control Officer shall be a certified Animal Control Officer in accordance
with the provisions of N.J.S.A. 4:19-15.16a.
No person shall keep or harbor or suffer the
keeping or harboring within the limits of the Borough of Chatham any
dog or cat of licensing age without first obtaining a license therefor
to be issued by the Health Department of the Borough of Chatham 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 N.J.S.A. 4:19-15.1 through
4:19-15.29, 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 Chatham 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 Chatham 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 thereto or displayed thereon. Acceptable
methods of displaying license number shall include, but not be limited
to, breakaway or elastic collars.
[Amended 10-24-2005 by Ord. No. 05-29]
A.
The person applying for license and registration tag shall pay a fee for each dog or cat as provided for in § 79-16 of this chapter.
B.
The person applying for license and registration tag
shall pay the fee fixed or authorized. The fee for renewal of 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 in the following year.
C.
Only one license and registration tag shall be required
in any licensing year for any dog or cat owned in Chatham Borough,
and such license and registration tag issued by any municipality in
the State of New Jersey shall be accepted as evidence of compliance
of this section.
D.
Any dog or cat owner or person harboring a dog or cat found by the Borough Animal Control Officer or any other municipal official to have an unlicensed dog on or after February 1 or an unlicensed cat on or after July 1 shall be required to pay an additional delinquent fee as established in § 79-16 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 the animal license by January 31 for dogs and June 30 for cats. The aforementioned fee shall not apply to animals which have been acquired by the owner after February 1, provided that said license is obtained within 10 days after acquisition and sufficient proof is presented to establish the date the dog or cat is acquired.
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 herein above provided for, except
that the owner or keeper of such dog shall not be required to pay
any fee therefor.
F.
The owner of 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 § 79-16 of this chapter 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 Subsection D of this section.
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 Subsection D of this section. 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 Chatham shall take into custody and impound or cause to be taken
into custody and impounded, and thereafter destroyed or offered for
adoption 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 his 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 destroyed or offered for adoption 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
be unlicensed at the time the 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 N.J.S.A. 4:22-19, 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 every person bitten shall notify the Health Department of the
name, age, sex, color, and precise location of the person so bitten
pursuant to N.J.S.A. 26:4-78 through 26:4-95.
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.
[Added 9-11-2018 by Ord.
No. 18-10]
A.
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 Borough unless such dog is accompanied by a person and is securely
confined and controlled by an adequate leash not more than six feet
long, except for the area located in Shepard Kollock Park where dogs
are permitted off-leash. Attached hereto and incorporated herein as
Exhibit A is a map prepared by the Borough Engineer dated August 13,
2018, which has been marked to show the approximate boundaries within
Shepard Kollock Park where dogs are permitted off-leash.[1]
[1]
Editor's Note: Said Exhibit A is included as an attachment to this chapter.
B.
The Borough Administrator shall have the authority to promulgate
rules and regulations governing the fence-enclosed area located in
Shepard Kollock Park.
A.
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.
B.
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, pertaining to vicious and potentially dangerous dogs, 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.[1]
A.
Any person who keeps or operates or proposes to establish a kennel, pet shop, 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 § 79-16 of this chapter. 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 be subject to revocation by the Borough for failure to comply with 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 a 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, pet shop,
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.
The Health Officer or any person appointed for
the purpose, which person may include the Chief of Police, shall annually
cause a canvass to be made of all dogs and cats owned, kept or harbored
within the limits of the Borough, and shall report on or before May
1 of 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 Chatham for compliance of this chapter:
B.
Late charge for dog or cat license and registration
tag, effective February 1: $10.
[Amended 10-24-2005 by Ord. No. 05-29; 11-14-2022 by Ord. No. 22-13]
C.
Replacement dog or cat license and registration tag:
$1.
D.
Animal redemption fee: $25.
E.
Pound maintenance, per day: $4.
F.
Animal adoption, per animal: $15.
I.
Pet shop, annual: $10.
J.
Animal trap deposit: $35.
K.
Potentially dangerous dog license and registration
tag, annually: $250.
No person shall hinder, molest or interfere
with anyone authorized or empowered to perform any duty under this
chapter.
Except as provided in N.J.S.A. 4:19-15.19, any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be punishable as provided in Chapter 1, § 1-14. 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:
A.
For dogs running at large, the first offense shall
be $50, the second offense shall be $75, and the third and subsequent
offenses shall be $100.
B.
Fines for unlicensed dogs and/or cats shall be $16
per animal plus $15 court cost per animal payable through the Violations
Bureau.
[Amended 11-12-2007 by Ord. No. 07-29]
