[Adopted 5-16-2006 by Ord. No. 1690-06]
As used in this article, the following terms shall have the meanings indicated:
- Rendered permanently incapable of reproduction as certified by a licensed veterinarian.
- Any cat of the domestic feline species; male, female or altered.
- CAT OF LICENSING AGE
- Any cat which has attained the age of seven months or which possesses a set of permanent teeth.
- Any room or group of rooms, cage or exhibition pen, not part of a kennel, wherein cats for sale are kept or displayed.
- Every person having a right of property (or custody) in any cat and every person who has a cat in his keeping or who harbors or maintains a cat or knowingly permits a cat to remain on or about any premises occupied by that person. The owner of a cat shall be considered the initial owner of its kittens.
- Any individual, corporation, partnership, organization or institution commonly recognized by law as a unit.
- STRAY CAT
- Any cat of licensing age without a current registration tag, visible tattoo or identification marking approved by the Animal Control Officer or a collar or harness inscribed thereon or attached thereto the name and address of the owner.
No person shall abandon any cat, no matter what its age or condition, within the City of Passaic.
No person shall keep, provide care or harbor any cat in the City of Passaic except in compliance with the provisions of this article.
No person owning or having the care, custody or control of any cat shall suffer or permit such cat to:
Soil or defile or do any injury or damage to any lawn, vegetable garden, shrubbery, trees, flowers, grounds or any property of any persons other than that of the owner of the cat or person having the care, custody or control of such cat.
Cause any injury to any person.
Trespass upon any public property or any private property without the permission of the owner thereof.
Create excessive odors, unsanitary conditions or nuisances.
Be or become a public health nuisance or create a condition hazardous to safety and health.
No person shall place food intended or suitable for consumption by a cat in any location out of doors unless such food is for a licensed cat or dog which is regularly kept, harbored or maintained on the premises where such food is placed, and if the person placing such food is not the owner of the cat or dog, then only if the owner of the same consents to such feeding and unless such food is removed within two hours after placement, and in no event shall such food be allowed to remain out of doors more than 30 minutes after sunset and before sunrise.
Every person owning, keeping or harboring or in control of a cat shall be responsible to immediately pick up, remove, and dispose of in a sanitary manner approved by the City of Passaic Division of Health all feces deposited by said cat on any sidewalk, passageway, bypath, play area, park or upon any public property whatsoever or upon any private property.
Vaccination and license requirements. No person shall own, keep, harbor or maintain any cat over seven months of age within the City of Passaic unless such cat is vaccinated for rabies and licensed by the City. The provisions of the section shall 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 kept for diagnostic, medical, surgical or other treatments, or licensed animal shelters, pounds or pet shops.
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 D.
Vaccination certificate. A certificate of vaccination shall be issued to the owner of each animal vaccinated on a form recommended by the state.
Exemptions. Any cat may be exempted from the requirements of such vaccination for a specified period of time by the City Health Officer 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.
Cats must have a license number displayed. Any person who shall own, keep or harbor a cat of licensing age shall annually apply for and procure from the City Clerk a license and official registration tag with license number, or a registration tag, or a registration sleeve for each cat so owned, kept and harbored, and shall place upon such cat a collar or other device with the license number securely fastened or 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.
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 license tag or sleeve for such cat within 10 days after such acquisition or within 10 days of the cat reaching the age of seven months or within 10 days of the cat developing a full set of teeth, whichever occurs sooner.
Cats brought into the City of Passaic.
Any person who shall bring or cause to be brought into the City of Passaic 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 City of Passaic for a period of more than 30 days shall apply for a license and registration tag or sleeve for each cat.
Any person who shall bring or cause to be brought into the City of Passaic any unlicensed cat and who keeps the same or permits the same to be kept within the City of Passaic for a period of more than 10 days shall immediately apply for a license and registration tag or sleeve for each.
Application; contents; preservation of information. Any information required to be submitted pursuant to this article shall state the breed, sex, age, color, markings of the cat for which the license or registration is being sought and whether said cat is of a long-haired or short-haired variety, whether said cat is altered or not, any tattoo or microchip which shall be used to identify such cat, street address and post office address of the owner and the owner and the person who shall harbor such cat, if other than the owner. The information contained on said application and registration number issued for any particular cat shall be preserved for a period of three years from the date of submittal of the application and/or the date of the issuance of the registration number, respectively, by the City Clerk of the City of Passaic.
License forms and tags. License forms and official tags or sleeves shall be furnished by the City Clerk and shall be numbered serially and shall bear the year of issuance and the name of the City of Passaic thereon.
Evidence of inoculation with rabies vaccine or certificate of exemption; requirement for license. No official designated by the City of Passaic to license cats shall grant any such license and/or 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 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 Health and Human Services or has been certified as exempt as provided for in this article. Any evidence of a cat being inoculated with a rabies vaccine shall only be accepted if said rabies inoculation was administered by a duly licensed veterinarian or by such other veterinarian permitted by law to perform said inoculation.
License fee schedule.
[Amended 9-25-2007 by Ord. No. 1740-07]
Fees; renewals; expiration date of license.
[Amended 4-6-2009 by Ord. No. 1793-09]
The person applying for the license and registration tag and/or sleeve shall pay the fee authorized. The fee for renewal of a license and registration tag and/or sleeve shall be $15.20 for altered cat and $18.20 for each unaltered cat and shall expire on June 30 of the calendar year following the calendar year in which it was issued.
Late fee. For any application for a renewal received by the City Clerk more than 60 days after the date due, a late fee of $14 shall be charged.
Proof of licensing. Proof of licensing shall be produced by any person owning, keeping, maintaining or harboring a cat upon request of any health official, police officer or animal control officer.
Disposition of fees collected. License fees and other monies collected or received under the provisions of this article shall be forwarded to the City Treasurer within 30 days after collection or receipt and shall be placed in a special account separate from any of the other accounts of the City and shall be used for the following purposes only: collecting, keeping and disposing of cats liable to seizure under this article; for prevention and control of rabies; domestic animal control; providing anti-rabies treatment under the direction of the City Health Division for any indigent person known or suspected to have been exposed to rabies; and for administering the provision of this article. 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 purposes set forth in this section. At the end of the 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 City 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.
The Animal Control Officer of the City 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:
Any cat off the premises of the owner of the person keeping or harboring said cat which said official or his agent or agents have reason to believe is a stray cat.
Any cat off the premises of the owner or of the person keeping or harboring said cat without a current registration tag on its collar.
Any cat or other animal which is suspected to be rabid.
Any cat or other animal off the premises of the owner reported to or observed by the Animal Control Officer of the City to be ill, injured or creating a threat to public health, safety or welfare or otherwise interfering with the enjoyment of property.
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, the Animal Control Officer shall forthwith serve on the person whose address is given on the collar or on the owner or the 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 offered for adoption or destroyed if not claimed within seven days after issuance of said notice.
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.
Any person authorized by the City may cause an animal to be destroyed in a manner causing as little pain as possible and consistent with the provisions of N.J.A.C. 8:23A or offered for adoption after the close of the seventh day of seizure, provided that:
Notice is given as set forth above and the animal remains unclaimed;
The owner or person keeping or harboring the animal has not claimed the animal and paid all expenses incurred by reason of its detention, including maintenance costs; or
The owner or person keeping or harboring a cat which was unlicensed at the time of seizure does not within five business days produce a valid license and registration tag for the cat.
The provisions of this article shall be enforceable by the City Health Officer or his designee, Animal Control Officers employed or contracted by the City and any City police officer.
It shall be unlawful for any person to hinder, molest or interfere with anyone authorized to enforce the provisions of this article.
Except as otherwise provided in this article, any person who fails or refuses to comply with this article shall be liable for a penalty of not more than $2,000 or imprisonment or community service for no more than 90 days at the discretion of any Judge hearing a complaint brought pursuant to this article.