[Adopted as Ch. VII of the 1973 Revised General
Ordinances]
A. The word "dog" as used in this article shall apply
to and include canines of both sexes.
B. All dogs over six months of age and not confined to
a licensed kennel kept within the limits of the Township shall be
licensed as hereinafter provided.
[Amended 7-20-1981 by Ord. No. 19-81; 10-21-1985 by Ord. No.
48-85; 12-22-1994 by Ord. No. 89-94; 7-24-2002 by Ord. No. 39-02]
A. Any person who shall own, keep or harbor a dog of
licensing age shall, in the month of January, apply for and procure
from the Township Clerk a license and official registration tag for
each dog so owned, kept or harbored. The license fee for each dog
shall be $8.80, plus $1 per annum registration fee, plus $0.20 for
the New Jersey Pilot Clinic Fund and an additional $3 for those dogs
not spayed or neutered for the New Jersey Pet Population Control Fund.
[Amended 1-9-2006 by Ord. No. 38-2005; 3-26-2007 by Ord. No.
2007-06]
B. Any person who has kept or harbored a dog within the
Township of Old Bridge during the months of January and February and
who shall apply for a license on or after March 1 of such year shall
pay a late fee of $5 in addition to the cost of the annual license
fee.
[Amended 1-9-2006 by Ord. No. 38-2005]
Dogs kept in kennels need not be individually
licensed, provided that the kennel is licensed and the dogs kept therein
are not permitted to run at large. "Kennel" shall mean a place where
dogs are confined within the boundaries of the premises of the occupant,
but no place shall be construed to be a kennel unless it is marked
with a kennel name posted in a conspicuous place. The fee for a kennel
in which not more than 10 dogs are kept shall be $10. The fee for
a kennel in which more than 10 dogs are kept shall be $25. Kennel
licenses shall be issued by the Township Clerk for the same periods
of time as dog licenses. All dogs over six months of age shall be
counted in computing the number of dogs kept in a kennel.
License fees or other moneys collected or received
under the provisions of this article, except registration tag fees,
shall be forwarded to the Treasurer of the Township within 30 days
after collection or receipt and shall be placed in a special account
separate from any other accounts of the Township and used for only
the purposes recited in N.J.S.A. 4:19-15.11. If not expended for such
purposes, such moneys shall be retained and held and ultimately disposed
of in the manner in that section provided.
A. The Township Clerk shall secure at Township expense
metallic tags, or tags of other suitable material, and certificates
for delivery to licensees. When a license is issued for an individual
dog, the licensee shall be provided with such tag and a certificate.
Such tag shall have stamped thereon a number and the year of issue.
The certificate shall bear a number corresponding to the number on
the tag and in addition thereto shall show the age, color, breed,
sex, license tag number, name of dog and name and address of owner.
When a license is issued for a kennel, the licensee shall be provided
with a certificate only, which certificate shall show the name and
address of the owner, location and name of the kennel, year for which
the license is issued, number of dogs permitted and the fee paid for
same. The Clerk shall keep a copy of all licenses issued. The certificate
shall constitute the license.
B. Such tag shall be worn by the dog at all times and
fastened to the collar. No tag shall be used upon any other dog except
the one for which it is issued, nor shall anyone maliciously remove
or mutilate the tag. If satisfactory proof is presented that the tag
has been lost or stolen, the Clerk shall issue another tag, which
shall be noted upon the original certificate and record, upon the
payment of an additional fee of $0.50 and return of the original certificate
for that licensing year.
[Added 9-6-1988 by Ord. No. 36-88]
No owner or person having custody of any dog
or any other animal shall permit said dog or any other animal to defecate
on any school ground, public street, alley, sidewalk, tree bark, park
or any other public grounds or any private property within the Township,
other than the premises of the owner or person having custody of said
dog or other animal, unless said defecation is removed immediately.
No person owning, keeping or harboring a dog
shall permit it to habitually bark or cry so as to annoy any neighbor
or other resident. No person owning, keeping or harboring a dog shall
permit it to be upon any of the public streets or upon any private
property in the Township, except the private property of the person
owning, keeping or harboring such dog, or except upon premises where
permission has been given by the owner thereof to the person owning,
keeping or harboring any such dog to keep it on the private property
of the person so giving permission, unless such dog is accompanied
by a person over the age of 12 years and is securely confined and
controlled by an adequate leash not more than six feet long; provided,
nevertheless, that the provisions for leashing and attendance shall
not apply in farming and hunting areas of the Township.
No person owning, keeping or harboring a dog
shall permit it to do any injury or to do any damage to any lawn,
shrubbery, flowers, grounds or property. Any person who keeps or harbors
a dog on premises occupied by him or her, or permits a dog to remain,
shall be deemed the owner thereof and liable for the observance of
violation of any of the provisions of this article.
Vicious and potentially dangerous dogs are regulated
pursuant to N.J.S.A. 4:19-17 et seq. The annual license fee for a
potentially dangerous or vicious dog shall be $700.
A. The Chief of Police or any person appointed for the
purpose by the Administrator shall take into custody and impound or
cause to be taken into custody and impounded any dog running at large
on any public street or on any private premises when the official
or his agent has reason to believe any such dog is a stray dog. Thereafter,
provided that at least 72 hours have elapsed from the time of such
impounding, such stray dog shall be destroyed or disposed of. The
designated official or his agent shall take or cause to be taken into
custody and impounded and disposed of in the manner hereinbefore set
forth any dog without a current registration tag on his collar, if
such dog is off the premises of his owner or off the premises of any
person keeping or harboring such dog. He shall take or cause to be
taken into custody and impounded and disposed of any unattended female
dog in season if such dog is off the premises of its owner or off
the premises of any person keeping or harboring such dog.
B. Where dogs have been taken into custody and impounded
under the provisions of this section, a reasonable fee, as set from
time to time by resolution of the Council, shall be paid to those
persons retrieving or adopting the impounded dogs to defray the expense
of taking dogs into custody and to provide for their board and keep.
C. No dog taken into custody shall be released to the owner or for adoption without proof of a current license having been obtained as required by §
39-7.
A. The Township Administrator shall hire a person for
a term not to extend beyond December 31 in the year in which such
person was hired, who shall act as Animal Control Officer and whose
duty it shall be to take into custody at any time all dogs found by
him at large within the Township limits in violation of any of the
provisions of this article. He shall receive such compensation as
the Council shall fix by resolution.
B. The Animal Control Officer shall impound the dog and,
upon taking any dog into custody, thereafter destroy or dispose of
it.
C. In addition to apprehending dogs in violation of this
article, the Animal Control Officer shall have the full authority
and duty to apprehend any animal or creature, as defined under Title
4, Chapter 22 of the statutes, found at large, which is creating a
public nuisance, disturbance or hazard for the protection of the public.
D. No person shall molest, obstruct or interfere with
any person appointed or designated by the Township Administrator to
enforce the provisions of this article when such person is engaged
in the performance of his duties.
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 registered
and licensed in the same manner as other dogs, and shall be subject
to all the rules and regulations controlling dogs in the Township,
except that the owner or keeper shall not be required to pay any fee
therefor.
A. Definition. As used in this section, the following
terms shall have the meanings indicated:
COMMERCIAL KENNEL
Any establishment wherein or whereon the business of boarding
or selling dogs or breeding dogs is carried on, except a pet shop.
B. License required. No person shall operate or maintain
a commercial kennel within the Township unless such person first receives
a commercial kennel license from the Township Clerk.
C. License Application and Review by Administrator. Application
for a license for a new commercial kennel shall be made in writing
to the Township Administrator. Such application shall contain a full
and detailed written description of the premises where the establishment
is located or proposed to be located, and shall state the purpose
for which such kennel is to be maintained or operated. The Administrator
may require the applicant to submit drawings, sketches or plans describing
the premises. The Administrator shall review and examine the application
to determine whether the operation and maintenance of such kennel
will comply with the state and local health legislation, regulations,
and standards regarding location, construction, operation and sanitation
of and at such establishments. The Administrator shall require the
applicant to make such changes as may be necessary to effect compliance.
If the Administrator determines that the operation and maintenance
of such kennel will comply with the state and local health legislation,
regulations and standards, he shall then advise the Township Clerk,
and upon receipt of the appropriate fee, the Clerk shall issue the
license.
D. License term and fees. All licenses issued for a commercial
kennel shall expire on June 30 of each year. All applications for
annual renewals of commercial kennel licenses shall be made in the
month of June. The annual license fee for a kennel and for any renewal
thereof shall be $10 for 10 dogs or less and $25 for more than 10
dogs.
E. Approval required for sales, moves, etc. No commercial
kennel shall be transferred, sold or conveyed to another person nor
shall any such kennel be moved to another location, or its operation
substantially changed, without application first being made to the
Administrator for his approval. If the Administrator determines that
compliance with state and local health legislation, regulations and
standards will be maintained, he shall approve such transfer, sale,
conveyance, move or change.
F. General regulations. The operation and maintenance
of all commercial kennels shall be conducted in accordance with the
rules and regulations promulgated by the State Department of Health
and Senior Services pursuant to N.J.S.A. 4:19-15.14. Moreover, the
following conditions shall apply:
(1) All premises upon which commercial kennels are operated
shall be maintained free of any accumulation of filth or source of
foulness, including but not limited to the infestation of rodents,
flies, fleas, parasites or other insects which may be hazardous to
the health or comfort of any of the residents of the Township.
(2) All commercial kennels shall have in constant attendance
a person to maintain the premises. However, in the event the kennel
accommodates less than 10 animals, there shall be daily inspections
by the owner or persons maintaining the kennel.
(3) There shall be a regular inspection of the premises
at least once every three months by a Township health official. The
records concerning the operation of the kennel shall be available
for the inspection of the health official. The records shall show
the type of dogs, the ages of dogs, whether they are registered with
the American Kennel Club, and whether the dogs are for sale or for
breeding purposes. The health official may require that the records
kept provide additional information which he deems necessary.
(4) Waste matters, excrement and other unsightly or dangerous
articles shall be cleaned away each day. They shall not be burned
on the premises nor shall they be buried thereon. At least once a
week the kennels shall be washed down with a recognized disinfectant.
(5) All commercial kennels shall consist of one or a number
of shelters to house the dogs. Adjoining each shelter shall be a fenced-in
area known as a "run" upon which the dogs can exercise. The runs shall
be generally rectangular in shape and fenced on three sides. The fourth
side shall lead into the shelter. An exercise area exclusive of the
shelter and run area may be provided.
(6) All dogs shall be confined to their shelter and run
area except when they are using the exercise area. They shall not
be permitted to wander elsewhere on the owner's property or onto the
property of neighbors or adjoining landowners.
(7) No shelter and run area or exercise area shall be
established less than 10 feet from any property line.
(8) If a shelter contains dogs classified as small or
toy breed in accordance with American Kennel Club specifications,
the size of the adjoining run shall be no less than three feet by
eight feet, and there shall be no more than seven doghouses therein.
The fence enclosing the run shall be four feet high and shall be of
a chain-link type or of heavy galvanized welded mesh.
(9) If a shelter contains dogs classified as medium or
large in accordance with American Kennel Club specifications, the
size of the adjoining run shall be no less than four feet by 10 feet,
and there shall be no more than three dogs housed therein. The fence
enclosing the run shall be six feet high and shall be of chain-link
type or of heavy galvanized welded mesh.
(10) Mongrels shall be classified as either small, toy,
medium or large according to their shoulder height.
(11) Fencing for exercise area shall be of such height
and strength as to provide for the largest dog accommodated, in accordance
with the specifications set forth above.
(12) At any one time the use of the exercise area shall
be limited to the occupants of one run so that there shall not be
overcrowding in the exercise area.
(13) All fences required by this section shall closely
follow the contour of the ground so that it will not be possible for
dogs to crawl under a fence.
(14) The surface of the runs shall be composed of cement
or macadam of sufficient thickness so it shall not crack. Surrounding
the run, there shall be a one-foot-wide border of crushed stone at
least six inches deep, provided that the soil underneath is permeable.
If the soil is not permeable, the twelve-inch border shall consist
of a six-inch depth of sand beneath six inches of crushed stone. As
an alternative to a hard surface run as described above, if the ground
underneath is permeable, the run may consist of a layer of crushed
stone one inch deep.
G. Suspension of license. In the event that this section
or any provision hereof is violated, the license of the owner or operator
of the commercial kennel shall be suspended subject to the licensee's
requesting a hearing on the question of whether there shall be a revocation
of the license. In the event that no formal request for the hearing
is received by the Administrator within two weeks after notice of
suspension, the license may then be revoked.
[Added 10-19-1981 by Ord. No. 27-81;
amended 10-15-1990 by Ord. No. 22-90]
Except as provided in N.J.S.A. 4:19-15.19, for
a first offense of any section of this article, a fine of $25, for
a second offense, a fine not in excess of $35 and for third and subsequent
offenses, fines not to exceed $50 shall be assessed.
[Added 6-19-1989 by Ord. No. 20-89]
The Township of Old Bridge shall maintain an
animal shelter for the purpose of housing and caring for dogs, cats
and other domestic animals that have been taken into custody by virtue
of running loose, being abandoned or surrendered for adoption or euthanasia.
[Added 6-19-1989 by Ord. No. 20-89]
Operation and control of the animal shelter
shall be vested in the Department of Health and Welfare of the Township
of Old Bridge.
[Added 6-19-1989 by Ord. No. 20-89]
Utilization of the shelter and its facilities
shall be made available to residents of the Township of Old Bridge,
and any stray animals which are caught or taken into custody within
the confines of the Township of Old Bridge shall be housed and cared
for in the shelter.
[Added 6-19-1989 by Ord. No. 20-89;
amended 3-27-2000 by Ord. No. 05-00]
Upon receiving any animal in custody brought
to the shelter by an owner or person (except an Animal Control Officer,
police officer or other employee or enforcing agent of the Township
of Old Bridge), the following schedule of fees shall apply to the
use of the shelter:
A. Redemption of unsupervised animals.
[Amended 10-25-2010 by Ord. No. 2010-30]
(1) For the first redemption of any animal housed in the
shelter: $25 plus $10 per day boarding fee.
(2) For the second redemption of any animal housed in
the shelter: $50 plus $10 per day boarding fee.
(3) For the third redemption of any animal housed in the
shelter: $100 plus $10 per day boarding fee.
(4) For redemption of any animal picked up pursuant to
an emergency call: $50 plus administration fee, $10 per day boarding
fee, and applicable redemption fee.
B. Daily boarding charge, per animal per day: $10.
[Amended 10-25-2010 by Ord. No. 2010-30]
C. For the picking up of any animal at a private place
for either the owner or custodian of an animal: $25, plus all surrender
fees, during normal working hours; $50, plus surrender fees, during
nonworking hours.
D. For receiving unwanted animals brought to the shelter:
(1) Kitten less than nine weeks old: $10.
(2) Cats 10 weeks to six months: $30.
(3) Cats more than six months: $40.
(4) Small and medium dogs: $70.
[Amended 10-25-2010 by Ord. No. 2010-30]
(5) Large dog: $90.
[Amended 10-25-2010 by Ord. No. 2010-30]
(6) Extra large dog: $100.
[Amended 10-25-2010 by Ord. No. 2010-30]
(7) Huge dog (100 or more pounds): $120.
[Amended 10-25-2010 by Ord. No. 2010-30]
(8) Out of town - space available: $100.
(9) Keep for adoption - space available: $35 per week.
E. Special services.
(1) Holding quarantined animals to be returned to owner:
[Amended 10-25-2010 by Ord. No. 2010-30; 12-13-2010 by Ord. No. 2010-35]
(a)
Kitten less than nine weeks old: $20 plus $10
per day boarding fee.
(b)
Cats 10 weeks to six months: $50 plus $10 per
day boarding fee.
(c)
Cats more than six months: $60 plus $10 per
day boarding fee.
(d)
Small and medium dogs: $75 plus $10 per day
boarding fee.
(e)
Large dogs: $80 plus $10 per day boarding fee.
(f)
Extra large dogs: $90 plus $10 per day boarding
fee.
(g)
Huge dogs (100 or more pounds): $95 plus $10
per day boarding fee.
(2) Holding quarantined animals for subsequent adoption
or euthanasia:
[Amended 10-25-2010 by Ord. No. 2010-30]
(a)
Kitten less than nine weeks old: $20 plus appropriate
surrender fees.
(b)
Cats 10 weeks to six months: $50 plus appropriate
surrender fees.
(c)
Cats more than six months: $60 plus appropriate
surrender fees.
(d)
Small and medium dogs: $75 plus appropriate
surrender fees.
(e)
Large dogs: $80 plus appropriate surrender fees.
(f)
Extra large dogs: $90 plus appropriate surrender
fees.
(g)
Huge dogs (100 or more pounds): $95 plus appropriate
surrender fees.
(3) Euthanasia and disposal: $50 per animal; tranquilizer,
if needed: $30.
[Amended 10-25-2010 by Ord. No. 2010-30]
(4) Transportation of animal head to Trenton for rabies
examination: $25.
F. Adoption of animals.
(1) Mixed-breed dogs.
[Amended 10-25-2010 by Ord. No. 2010-30]
(a)
Six weeks to four months old: $50 plus medical
expenses.
(b)
Five months to one year old: $40 plus medical
expenses.
(c)
Over one year old: $30 plus medical expenses.
(2) Purebred dogs.
[Amended 10-25-2010 by Ord. No. 2010-30]
(a)
Six weeks to four months old: $100 plus medical
expenses paid for animal.
(b)
Five months to one year old: $90 plus medical
expenses paid for animal.
(c)
Over one year old: $80 plus medical expenses
paid for animal.
(3) Mixed-breed cats.
(a)
Six weeks to four months old: $25 plus medical
expenses paid for animal.
(b)
Five months to one year old: $15 plus medical
expenses paid for animal.
(c)
Over one year old: $5 plus medical expenses
paid for animal.
(4) Purebred cats.
[Amended 10-25-2010 by Ord. No. 2010-30]
(a)
Six weeks to four months old: $75 plus medical
expenses paid for animal.
(b)
Five months to one year old: $50 plus medical
expenses paid for animal.
(c)
Over one year old: $25 plus medical expenses
paid for animal.
G. Medical
fees.
[Added 10-25-2010 by Ord.
No. 2010-30]
[Added 6-19-1989 by Ord. No. 20-89;
amended 3-27-2000 by Ord. No. 05-00]
The schedule of fees above shall be defined
to mean that a daily boarding charge of $8 is for a twenty-four-hour
period covering 12:00 midnight to 11:59 p.m. Any portion of a day
where the animal is in custody for less than one day will be chargeable
as a full day. The sum of all applicable fees and expenses for an
animal must be paid prior to the release of the animal
[Added 2-4-1991 by Ord. No. 4-91]
A. Definitions. As used in this section, the following
terms shall have the meanings indicated:
ANIMAL CONTROL AUTHORITY
Any person or agency designated or certified by the State
of New Jersey to enforce the provisions of this section.
ANIMAL
For the purpose of this section, "animal" shall mean dog
or cat.
CAT OF LICENSING AGE
Any cat which has attained the age of seven months or which
possesses a set of permanent teeth.
CAT
Any member of the domestic feline species; male, female or
altered.
CATTERY
Any room or group of rooms, cage or exhibition pen, not part
of a kennel, wherein cats for sale are kept or displayed.
LICENSING AUTHORITY
The agency or department of the Township of Old Bridge or
any designated representative thereof charged with administering the
issuance and/or revocation of permits and licenses under the provisions
of this section.
NEUTERED
Rendered permanently incapable of reproduction as certified
by a licensed veterinarian.
OWNER
When applied to the proprietorship of a cat, shall include
every person having a right of property (or custody) in such cat and
every person who has such cat in his or her keeping or who harbors
or maintains a cat or knowingly permits a cat to remain on or about
any premises occupied by that person.
PERSON
Any individual, corporation, partnership, organization or
institution commonly recognized by law as a unit.
B. Rabies vaccination of cats.
(1) Vaccination and license requirement. No person shall
own, keep, harbor or maintain any cat over seven months of age within
the Township of Old Bridge unless such cat is vaccinated and licensed.
The provisions of this section do not apply to cats held in a cattery
or those held by a state or federally licensed research facility or
a veterinary establishment where cats are received or kept for diagnostic,
medical, surgical or other treatments or licensed animal shelters,
pounds, kennels or pet shops.
(2) Vaccination. All 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
B(4).
(3) Vaccination certificate. A certificate of vaccination
shall be issued to the owner of each animal vaccinated on a form recommended
by the state.
(4) Exemptions. Any cat may be exempted from the requirement
of such vaccination for a specified period of time by the Department
of Health and Welfare, 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 cat shall be deemed inadvisable.
[Amended 1-9-2006 by Ord.
No. 38-2005]
C. Licensing requirements.
(1) Cats must have license number displayed. Any person
who shall own, keep or harbor a cat of licensing age shall annually
apply for and procure from the Clerk of the municipality, or other
official designated by the governing body thereof to license cats
in the municipality in which he or she resides, a license and official
registration sleeve for each cat so owned, kept or harbored and shall
place upon such cat a collar or other device with the license number
securely fastened for displayed thereto. Acceptable methods of displaying
the license number shall include, but are not limited to, breakaway
or elastic collars. License tags or sleeves are not transferable.
(2) Time for applying for license. The owner of any newly
acquired cat of licensing age or of any cat which attains licensing
age shall make application for a licensing tag or sleeve for such
cat within 10 days after such acquisition or age attainment. This
requirement will not apply to a nonresident keeping a cat within the
Township of Old Bridge for no longer than 90 days.
(3) Cats brought into jurisdiction. Any person who shall
bring or cause to be brought into the Township of Old Bridge any cat
licensed in another state for the current year and bearing a registration
tag or sleeve and who shall keep the same or permit the same to be
kept within the Township of Old Bridge for a period of more than 90
days shall immediately apply for a license and registration tag or
sleeve for each such cat.
(4) Application; contents; preservation of information.
The application shall state the breed, sex, age, color and markings
of the cat for which license and registration are sought and whether
it is a long- or short-haired variety; also the name, street and post
office address of the owner and the person who shall keep or harbor
such cat. The information on said application and the registration
number issued for the cat shall be preserved for a period of three
years by the Clerk or other local official designated to license cats
in the municipality.
(5) License forms and tags. License forms and official
tags or sleeves shall be furnished by the municipality and shall be
numbered serially and shall bear the year of the license and the name
of the municipality.
(6) Evidence of inoculation with rabies vaccine or certification of exemption. Requirement for license: No municipal clerk or other official designated by the governing body of any municipality to license cats therein shall grant any such license and official registration tag or sleeve for any cat unless the owner thereof provides evidence that the cat to be licensed and registered has been inoculated with the 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 by Subsection
B(4) above. The rabies inoculation shall be administered by a duly licensed veterinarian or by such other veterinarian permitted by law to do the same.
(7) License fee schedule. A license shall be issued after
payment of a fee of $13 for each unneutered cat, and $10 for each
neutered cat.
[Amended 12-22-1994 by Ord. No. 89-94; 8-14-1995 by Ord. No.
44-95; 7-24-2002 by Ord. No. 39-02; 1-9-2006 by Ord. No. 38-2005]
(a)
Any person who has kept or harbored a cat within
the Township of Old Bridge during the months of January through April
and who shall apply for a license on or after June 1 of such year
shall pay a late fee of $5 in addition to the cost of the annual license
fee.
(8) Fees; renewals; expiration date of license.
(a)
Licenses from another municipality shall be
accepted. The person applying for the license and registration tag
and/or sleeve shall pay the fee fixed or authorized. The fee for the
renewal of the license and registration tag or sleeve shall be the
same as for the original, and said license, registration tag or sleeve
and renewal thereof shall expire on April 30 in the following year.
[Amended 8-14-1995 by Ord. No. 44-95]
(b)
Only one license and registration tag or sleeve
shall be required in the licensing year for any cat in the Township
of Old Bridge. Any valid New Jersey license tag or sleeve issued by
a New Jersey municipality shall be accepted by this municipality as
evidence of compliance.
(9) Loss of license. If a license tag or sleeve has been
misplaced or lost, the Township Clerk may issue a duplicate license
and/or registration sleeve for that particular cat at a fee of $0.50.
(10) Proof of licensing. Proof of licensing shall be produced
by any person owning, keeping, maintaining or harboring a cat upon
the request of any health official, police officer, animal control
officer or other authorized person.
(11) Interfering with persons performing duties under this
section. No person shall hinder, molest or interfere with anyone authorized
or empowered to perform any duty under this section.
(12) Disposition of fees collected. License fees and other
moneys collected or received under the provisions of this section
shall be forwarded to the Treasurer of the municipality and shall
be placed in a special account separate from any of the other accounts
of the municipality and shall be used for the following purposes only:
collecting, keeping and disposing of cats liable to seizure, for local
prevention and control of rabies, providing antirabies treatment under
the direction of the Department of Health and Welfare for any person
known or suspected to have been exposed to rabies and for administering
the provisions of this section. Any unexpended balance remaining in
such special account shall be retained 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 said third fiscal year following
and at the end of each fiscal year thereafter, there shall be transferred
from such special account to the general funds of the municipality
any amount then in such account which is in excess of the total amount
paid into the special account during the last two fiscal years next
preceding.
[Amended 1-9-2006 by Ord. No. 38-2005]
[Added 3-27-2017 by Ord.
No. 2017-09]
A. Definitions. As used in this section, the following terms shall have
the meanings indicated:
ANIMAL CONTROL PROVIDER
Any agency contracted or selected by the Township and/or
the TNR Committee to coordinate and monitor the TNR program.
[Amended 9-24-2018 by Ord. No. 2018-27]
CAREGIVER
Any person who provides food, water or shelter to or otherwise
cares for a cat.
CODE OFFICIAL
Any person or agency employed by or otherwise contracted
by the Township who is authorized to investigate violations of laws
and regulations concerning cats, and to issue citations in accordance
with relevant New Jersey statutory authority and this Code.
DOMESTICATED CAT
A cat that is socialized to humans and is appropriate as
a companion for humans.
EAR TIPPING
A straight-line cutting of the tip of the left ear of a cat
by a licensed veterinarian while the cat is anesthetized.
FEEDING
To give, place, expose, deposit, distribute or scatter any
edible material.
FERAL CAT
A cat which is completely or substantially unsocialized to
humans. The usual and consistent temperament of a feral cat is extreme
fear and resistance to contact with humans. Feral cats are either
born in the wild, the offspring of tame or feral cats and not socialized;
or formerly tame cats that have been abandoned and have reverted to
an untamed state.
FERAL CAT COLONY
An individual feral cat or a group of cats which congregate
together outside as a unit. Any non-feral cats that congregate with
a multiple-cat colony shall be deemed part of it.
NUISANCE
Disturbing the peace by habitually or continually howling,
crying or screaming, or the unreasonable destruction, desecration
or soiling of property against the wishes of the owner of the property.
OWNER
Any person, firm, corporation, partnership, association,
trust, estate, or any other legal entity.
STRAY CAT
A cat which is regularly off the property of the owner, is
not under the physical control and restraint of the owner and is not
regularly provided with food by the owner.
SUITABLE SHELTER
A shelter that provides protection from rain, sun, and other
elements that is adequate to protect the health of the cat.
TAME CAT
A cat which is socialized to humans and is appropriate as
a companion for humans.
TNR
Trap, neuter and return.
TNR COMMITTEE
Any person or entity appointed by the Chief of Police who
or which will perform the duties and responsibilities as established
in this section. In establishing the TNR Committee, the Chief of Police,
or his/her designee, shall select the members, determine the number
of members that will comprise the TNR Committee, the tenure of each
member and the frequency at which the TNR Committee shall meet. The
TNR Committee shall be established within 60 days of March 27, 2019,
the date of adoption of this section.
TNR PROGRAM
A program pursuant to which feral and stray cats are trapped,
neutered or spayed, vaccinated against rabies, ear tipped and returned
to the location where they congregate.
B. Feral cat colonies.
(1)
Feral cat colonies shall be permitted and caregivers shall be
entitled to maintain them in accordance with the terms and conditions
of this section.
[Amended 9-24-2018 by Ord. No. 2018-27]
(2)
No feral cat colony shall be permitted to be located within
1,000 feet of the property line of any public or private school located
in the Township of Old Bridge.
(3)
The Township of Old Bridge shall have no liability with regard
to the operation and maintenance of any cat colony permitted by this
section and all caregivers shall agree to defend and indemnify the
Township of Old Bridge in regards to their maintenance of a cat colony.
(4)
Any cat colony that existed prior to the adoption of the ordinance
establishing this section and for which the Township also received
a nuisance complaint prior to the adoption of the ordinance, shall
first require written approval of all property owners located within
five hundred (500) feet of the colony prior to it being permitted
to be maintained by a caregiver in accordance with the terms and conditions
of this section.
C. Animal control provider responsibilities. It shall be the duty of
the animal control provider to:
(1)
Provide training for the cat colony caregivers;
(2)
Help to resolve any complaints over the conduct of a cat colony
caregiver or of cats within a colony; and
(3)
Be responsible for any cost as provided in any Township agreement
with reference to the TNR program.
D. TNR Committee responsibilities. It shall be the duty of the TNR Committee
to:
(1)
Help resolve any complaints over the conduct of a colony caregiver
or of cats within a colony;
(2)
Maintain records provided by colony caregivers on the registration,
size and location of the colonies, as well as the vaccination and
spay/neuter records of cats in the caregiver's colonies;
(3)
Report semiannually in writing to the Code Official on the status
of the colony, including data on the number and gender of all cats
in the colony, the number of cats who died or otherwise ceased being
a part of the colony during the prior six-month period, the number
of kittens born to colony cats and their disposition, the number of
cats and kittens spayed and neutered and the number of cats and kittens
placed in permanent homes as companion cats.
(4)
Provide the semi-annual report forms to caregivers and provide
assistance upon request by the caregiver in the preparation of the
forms.
(5)
To contract and hire the Animal Control Provider.
[Amended 9-24-2018 by Ord. No. 2018-27]
E. Feral cat caregiver responsibilities.
(1)
It shall be the duty of feral cat caregivers to:
(a)
Register the feral cat colony with the TNR Committee;
(b)
Take steps to vaccinate the colony population for rabies and
update the required vaccination protocols whenever possible; take
steps to get all cats in the colony population spayed/neutered by
a licensed veterinarian;
(c)
Maintain digital photos of each cat in the colony and copies
of documents evidencing that the cats have been vaccinated, spayed/neutered
and ear tipped; providing food, water and, if feasible, suitable shelter
for colony cats;
(d)
Observe the colony cats and keep a record of any illnesses or
unusual behavior noticed in any colony cats;
(e)
Obtain the written approval of the owner of any property to
which the caregiver requires access to provide colony care;
(f)
Take steps, in the event that kittens are born to a colony cat,
to remove the kittens from the colony after they have been weaned,
and place the kittens in homes, foster homes, or with animal shelters,
rescue organizations or veterinary offices for the purpose of subsequent
permanent placement;
(g)
Report semiannually in writing to the TNR Committee on the status
of the colony, the total number of cats in the colony, including data
on the number and gender of all cats in the colony, the number of
cats who died or otherwise ceased being a part of the colony during
the prior six-month period, the number of kittens born to colony cats
and their disposition, the number of cats and kittens spayed and neutered
and the number of cats and kittens placed in permanent homes as companion
cats;
(h)
Obtain proper medical attention for any colony cat that appears
to require it;
(i)
Undergo training for themselves and their responsible substitutes
in the proper management of a colony as developed and verified by
the animal control provider;
(j)
Set up consistent and monitored feeding schedules. Feeding shall
be limited to daylight hours. All remaining food must be removed daily;
(k)
"Ear tip" all cats with a single cut preferably on the left
ear;
(2)
All costs and expenses associated with maintaining a feral cat
colony shall be borne solely by the feral cat caregiver and the Township
of Old Bridge shall not provide any financial resources or funds to
caregivers who maintain a cat colony.
F. Exemptions from restrictive ordinances. The following sections of the Township Code shall not apply to feral cat colonies managed by the TNR Program or to any person or organization that is providing care for a feral cat colony and is taking steps to trap and sterilize the animals: §
39-25, Cats.
G. Cat colony caregiver registration-ownership exemption. Any person
undertaking the duties and responsibilities of a cat colony caregiver
shall first be registered with the TNR Committee at no cost. A registered
caregiver shall not be considered an owner in or be subject to regulations
governing ownership or control of an animal, except as specified in
this subsection.
H. Ordinance enforcement. The Township shall retain the following rights:
(1)
The right to seize or remove from a colony, cats that have not
been vaccinated against rabies and which are demonstrating signs of
the disease.
(2)
The right to seize or remove from a colony a cat that is creating
a nuisance after the caregiver and sponsor have been given 60 days
to resolve the complaint or remove and relocate the cat and have failed
to do so.
(3)
The right to seize or remove a colony of cats when the caregiver
regularly fails to comply with the requirements of this section and
the TNR Committee has not been able to obtain a replacement or substitute
caregiver within 60 days of the Township's notice to the TNR
Committee of the caregiver's failure to comply with this subsection.
(4)
The right to replace or remove a caregiver who fails to comply
with the responsibilities and requirements of this section after reasonable
notice is provided to the caregiver of noncompliance.
I. Nuisance complaints. The requirements of this subsection notwithstanding,
Code Officials and the Township Police Department or other appropriate
Township official may investigate any nuisance complaint. If a Code
official, Police Department or Township official determines that an
ear-tipped feral colony cat is causing a nuisance as defined in this
section, the Code Official, Police Department or Township Official
shall contact the TNR Committee and allow the TNR Committee 60 days
to resolve the complaint or remove the cat before further action is
taken. The caregiver or TNR Committee must begin nuisance abatement
procedures within 48 hours after being notified of a nuisance and
must take all reasonable and necessary steps to resolve the nuisance
in as short a time period as possible, not to exceed 60 days. If the
TNR Committee fails to resolve the nuisance or remove the cat within
the 60 days, the Code Official may remove the cat. If a Code Official,
Police Department or Township official reasonably determines that
a cat is injured or poses a significant threat to public health, the
Code Official, Police Department or Township official may reduce the
time that the TNR Committee has to resolve the complaint, as necessary
to protect the cat and public health, before taking further action.
In the case of an emergency, the Code Official, Police Department
or Township Official may remove the cat, but within 24 hours must
provide the TNR Committee with notice of the cat's whereabouts
and allow the TNR Committee an opportunity to retrieve the cat for
treatment, return, or relocation.
J. Enforcement and fines.
(1)
This section shall be enforced by the Code Official, Police
Department and any other Department or Township official that may
hereinafter be designated by the Township Administrator.
(2)
If it is determined by the Code Official, Police Department
or Township official that the an owner has abandoned a domesticated
cat, then the owner shall be subject to a maximum penalty of $100
per violation; each and every day in which a violation of this section
exists shall constitute a separate violation.
K. Study and review. This section shall be reviewed after a period of
one year from the date of adoption of this section to permit the Township
to study the effectiveness of the TNR Program and to review the continuance
of this subsection.