[HISTORY: Adopted by the Board of Health of the Borough of Paramus as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-23-2006 by Ord. No. 113]
As used in this article, the following terms shall have the meanings indicated:
- STRAY ANIMAL
- Includes any dog or cat that is not licensed to a Paramus resident pursuant to the Code of the Borough of Paramus, Chapter 169, and kept and maintained on the resident's property.
- WILD ANIMAL
- Includes but not limited to pigeons, waterfowl, raccoons, skunks or groundhogs.
Any person that shall violate any of the provisions of this article shall, upon conviction thereof, for each offense, pay a penalty of not more than $1,000 for the first offense, and a penalty of not more than $2,000 for second and subsequent offenses, or imprisonment or community service for a period not exceeding 90 days.
[Adopted 11-22-2012 by Ord. No. 127]
As used in this article, the following terms shall have the meanings indicated
- Any domesticated living creature, including any stray or feral cat or dog, and a wild living creature previously captured. The term does not include an uncaptured wild living creature or a livestock animal.
- ANIMAL CONTROL OFFICER
- Any animal control officer or designee employed by the Borough.
- Any animal which is received into custody by the Paramus Animal Shelter, housed at the shelter or another location designated by the shelter.
- Any person, group of persons, firm, partnership, corporation, organization, or association owning, keeping, having charge of, sheltering, feeding, harboring or boarding any animal for a fee. The owner is responsible for the care, actions and behavior of his animal(s).
It shall be considered cruel treatment to allow a dog, cat or other domesticated pet to be left outside in inclement weather or extreme temperatures without adequate shelter.
A person may not keep an animal in a motor vehicle in a manner in which the animal's health or life is endangered by high temperature (above 80 degrees F), or low temperature (below 40 degrees F).
After making a reasonable effort to find the driver of a vehicle in which an animal is confined, the Animal Control Officer, at the direction of a law enforcement officer, may use the least intrusive means to break and enter the vehicle, including the breaking of a window or lock, if necessary, to remove the animal where reasonable cause exists to believe that the animal is in violation of this section.
The Animal Control Officer removing the animal shall then impound the animal and leave a written notice in a prominent place on the motor vehicle as to the animal's impoundment, a brief description of the animal, and where and when the animal may be reclaimed. The Animal Control Officer who removes an animal from a vehicle in accordance with this section shall not be liable for damage caused to the vehicle and/or property contained therein.
It shall be the duty of the Animal Control Officer to seize and impound, subject to the provisions of this article, all animals found in violation of the provisions of this article whether such animal shall be in the immediate custody of its owner or otherwise.
All public parking lots to include malls, shopping centers, parks or any other commercial entity shall post notices of this article.
Enforcement of this article shall rest with the Paramus Animal Control Officer and those governmental officials authorized to issue citations.
Enforcement personnel are authorized to investigate suspected violations of this article and are empowered to issue citations or letters of warning when any provisions of this article have been violated. Citations shall be delivered by enforcement officials in person to the alleged violator or delivered by registered mail, return receipt requested, to the person so charged.
Any person violating the provisions of this article shall be subject to the following civil penalty and actions. No penalty shall be assessed without notice of the violation.
The Borough shall assess a civil penalty of $125 for a first offense, $250 for a second offense, and $350 for all subsequent offenses, which amount(s) may be recovered by the Borough. The Borough may, in its discretion, additionally seek restitution for the actual cost of maintaining, transporting, boarding, or providing veterinarian services for any animal impounded under this article.