Whereas it is necessary to protect the health, safety and welfare of the Borough residents by providing minimum standards of performance for the keeping and handling of animals, the following requirements are hereby enacted.
A. 
Prohibition of farm animals. It shall be unlawful for the owner or occupant of any premises to keep any farm animals including but not limited to cud-chewing or hoofed animals, chickens, roosters and other fowl and pigs (including those bred as pets) in the Borough.
B. 
Feeding of animals other than birds. It shall be unlawful for any person to feed any animal, domestic or wild, on any property within the Borough if it is causing an attracting nuisance to rats, mice, flies, or other vermin.
C. 
Feeding of birds.
(1) 
It shall be unlawful to feed birds by placing food directly on the ground.
(2) 
Birds must be fed in bird feeders, and feeders must be at least five feet off the ground, must have a spill tray or be spill resistant, and must be constructed to be resistant to the feeding of rats, squirrels, and other nontarget species.
D. 
Keeping of pigeons. It shall be unlawful for anyone to keep pigeons as pets, for food, for racing, for show, or for any purpose, in outdoor cages or coops.
E. 
Feeding of stray or feral cats and dogs. It shall be unlawful for any person to feed stray or feral unlicensed cats and/or dogs within the Borough.
F. 
Slaughtering of animals. It shall be unlawful for any person to slaughter any animal or fowl within the Borough.
G. 
Limit on small mammals as pets. No person shall keep or raise a combination of more than 10 adult domestic rabbits, guinea pigs, and other small mammals (excluding cats and dogs) on any premise at one time.
H. 
Limit on exotic birds. No person shall keep or raise more than 10 exotic birds.
I. 
Outdoor cages.
(1) 
Small animals may be kept in permanent outdoor cages provided they meet the following requirements:
(a) 
Animal cages must not be kept in an area that is in plain view from any street or sidewalk. Temporary cages placed outdoors for 12 hours or less are exempt from this requirement.
(b) 
The cages must be kept clean and not create a health nuisance including but not limited to odors, attracting nuisance to rodents, flies, or other vermin, and noise.
(c) 
Animal cages must not be within five feet of adjoining property lines and 15 feet from a window or door of a dwelling on an adjoining property.
(d) 
Cages must be secure to prevent the escape of the animals.
(2) 
These requirements are in addition to others that may be mandated by the Bergenfield building and/or zoning regulations.
J. 
Prohibition of commercial breeding of animals. No person shall breed, raise, or keep any species of animal for commercial purposes on private property in the Borough of Bergenfield.
K. 
Prohibition on native wildlife as pets. The keeping of wildlife native to the State of New Jersey is prohibited excluding those persons who are licensed as wildlife rehabilitators by the New Jersey Department of Fish, Wildlife, and Game.
L. 
Burial of pets. Pets may be buried on private property provided that they are buried at such a depth as to prevent a public health nuisance such as odors and flies.
M. 
Disposal of dead wildlife. It is the responsibility of homeowners to properly dispose of dead wild animals and birds found on their property. Proper disposal includes double bagging the animal in a heavy gauge plastic garbage bag for collection by the DPW on their regularly scheduled collection day, or burial on the premises.
N. 
Keeping of exotic wildlife as pets. Those persons licensed by the Department of Environmental Protection to keep exotic wildlife as pets considered dangerous by the Board to the health, safety, and welfare of the citizens of Bergenfield may be subject to special requirements to be determined by the Board of Health.
O. 
Pet cemeteries. There shall be no pet cemeteries on private property in the Borough of Bergenfield.
P. 
Disturbance of the peace. It shall be illegal to own posses or harbor any animal that frequently or for continued duration makes sounds that create a noise disturbance across a residential or commercial property line.
Q. 
Sale or distribution of live turtles. No live turtles shall be sold for sale or distribution within the Borough of Bergenfield for pets, except where the seller or distributor of turtles shall warrant to the satisfaction of the State Department of Health that each shipment of turtles is free from salmonella contamination.
R. 
Keeping of honey bees.
(1) 
There shall be a limit of five hives per property.
(2) 
Hives shall be situated on the property so that the flight pattern of the bees provides the least disturbance to adjoining property owners.
Wildlife rehabilitators must be currently licensed by the New Jersey Department of Environmental Protection and must comply with the latest version of "Minimum Standards for Wildlife Rehabilitation" published by the National Wildlife Rehabilitators Association and the International Wildlife Rehabilitation Council.
A. 
Animal cages must not be within five feet of adjoining property lines and/or within 15 feet from a window or door of a dwelling on an adjoining property.
B. 
If the property has a rear yard, the cages must be kept in the rear yard. In any case, the cages must not be in plain view from any street or sidewalk.
C. 
Exotic wildlife rehabilitation is prohibited in the Borough of Bergenfield Native species which are prohibited include hoofed mammals, bears, wolves, mountain lions, bobcats, foxes, and coyotes or other species that the Board may determine an unacceptable risk to the health and safety of the residents.
D. 
The rehabilitation of any bird species is prohibited in the Borough of Bergenfield.
E. 
Property where cages are kept must be fenced with a locking gate or cages must be constructed to prevent an accidental bite injury such as secondary wire mesh around the cage.
F. 
The cages must not constitute a health nuisance including but not limited to odors, flies, attracting nuisance to rodents, and excessive noise.
G. 
Wildlife rehabilitators must register with the local health department prior to operating for approval and be subject to at least one sanitary inspection by the Health Officer or registered environmental health specialist per year.
A. 
Licensing provisions.
(1) 
Any person who shall own, keep or harbor a dog or cat of licensing age shall apply for and procure from the licensing official designated by the governing body, a license and official registration tag for each dog or cat owned, kept or harbored.
(2) 
The owner of any dog or cat that has attained licensing age shall make application for license and registration tag for such dog or cat within 10 days after acquisition or age attainment.
(3) 
The licensing official shall not grant any such license for any dog or cat, unless the owner provides evidence that the dog or cat has been vaccinated with duration of immunity that covers the full duration of the licensing period, or has been certified exempt. Any dog or cat may be exempted from the requirements of such vaccination for a specified period of time by the Health Officer, upon presentation of a veterinarian's certificate stating that because of an infirmity or other physical condition, or regimen of therapy, the vaccination of such dog or cat shall be deemed inadvisable.
(4) 
Any licensed or unlicensed dog or cat brought into the Borough from another state kept within the Borough for a period of more than 10 days shall immediately apply for a Bergenfield license and registration tag for each dog or cat.
(5) 
A dog or cat license from another municipality in the State of New Jersey shall be accepted.
B. 
Application. The application shall state the breed, sex, age, color and markings of the dog or cat for which license and registration are sought, and whether it is of a long- or short-haired variety; also the name and street address of the owner and the person who shall keep or harbor such dog or cat.
C. 
Fee.
(1) 
Dogs. The person applying for the license and registration tag shall pay $7 for each dog and $1 for the registration tag for each dog where the owner produces proof that said dog has been spayed or neutered. In conformance with P.L. 1983 a. 181, there shall be a $3 surcharge on all licenses issued for nonaltered dogs.
(2) 
Cats. A cat license shall be issued after payment of a fee as follows: $11 for a nonaltered cat and $8 for an altered cat. For each additional cat licensed in the same licensing period, the fee shall be $5 for each additional altered cat and $8 for each additional nonaltered cat.
D. 
Expiration date and late charge. Each license and registration tag shall expire on December 31 of each year. Failure to license, register and renew registration on or before January 31 shall result in a late charge to the licensee in the amount of $5 per month or portion thereof per dog or cat.
E. 
Exceptions. 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 dogs" shall be licensed and registered in the same manner as other dogs, except that the owner or keeper of such dog shall not be required to pay any fee.
F. 
Wearing of registration. All dogs and cats for which the provisions of this article require licenses shall wear a collar or harness with the registration tag securely fastened thereto. No person, except an officer in the performance of his duties, shall remove a registration tag from the collar of any dog or cat without the consent of the owner, nor shall any person attach a registration tag to a dog or cat to which it was not issued. "Breakaway" collars or harnesses shall be acceptable for cats.
G. 
Loss of license tag. If a license tag has been misplaced or lost, the licensing official may issue a new license tag for that particular dog or cat for a fee of $1.
H. 
Proof of licensing. Any person owning, keeping, maintaining, or harboring a dog or cat, upon the request of any health official, police officer, and animal control officer, shall produce proof of licensing.
I. 
Sick or diseased dogs and cats.
(1) 
Change in disposition or illness.
(a) 
Owners or those harboring dogs or cats evidencing a change in disposition or illness suggesting it may have rabies shall be required by the Health Officer to have such animal examined by a licensed veterinarian.
(b) 
Any costs incurred quarantining such animal or veterinary examination shall be paid for by the owner or harborer of such dog or cat.
(c) 
If a dog or cat dies during quarantine, the Health Officer may order a laboratory examination for rabies at the expense of the owner or harborer of the cat or dog.
(2) 
Quarantine and release from quarantine.
(a) 
The Health Officer shall require the owner or person in charge of any dog or cat that has bitten and broken the skin of any person, to confine such animal at the expense of the owner or the person in charge of such animal, for 10 days after the attack. The animal shall not be released until proof of a licensed veterinarian's examination of said animal is furnished to the Health Department, which shall countersign the release certificate.
(b) 
The Health Officer may also require the owner or person in charge of any dog or cat to confine the animal as specified in Subsection I(2)(a) of this code in cases of nonbite exposures to any person.
(c) 
Proof of such examination shall be furnished to the Health Department within 72 hours after the ten-day quarantine period.
J. 
Impounding of dogs and cats.
(1) 
The Health Officer or his/her designee shall have the authority to impound dogs or cats that are running at large.
(2) 
The Health Officer or his/her designee shall have the authority to impound any cat that is in violation of § 344-48B of this code.
(3) 
The Health Officer or his/her designee is hereby authorized to go onto any premises to impound any dog or cat that he/she may lawfully seize when in immediate pursuit of the dog or cat, except upon the premises of the owner of the dog or cat if the owner is present and forbids same.
A. 
Running at large. No person owning, harboring, or in charge of any dog shall allow it to run at large upon the public streets, in any public park, in any public building, and/or on any private property within the Borough without the consent of the owner with the exception of any park wherein owners with their dogs may enter between dawn and dusk to access the dog park with their dog leashed at all times while outside the perimeter of the park and until entry into the dog park.
[Amended 12-5-2017 by Ord. No. 17-2519]
B. 
Leashing of dogs. No person owning, harboring, or in charge of any dog shall allow it to be upon the public streets, or in any of the public places of the borough, or on any portion of a private property that is not fenced, unless the 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. However, dogs that are securely chained or tied on private property are exempted from this requirement.
C. 
Property damage. No person owning, harboring, or in charge of a dog shall allow it to do any damage to any lawn, shrubbery, flowers, grounds or property.
D. 
Disturbance of peace.
(1) 
No person owning, harboring or in charge of any dog shall allow it to create a noise disturbance (e.g. barks or cries) between the hours of 10:00 p.m. and 6:00 a.m.
(2) 
No person owning, harboring or in charge of any dog shall allow it to bark or cry continually for 10 minutes or intermittently for 30 minutes unless provoked between the hours of 6:00 a.m. and 10:00 p.m.
E. 
Defiling of property. No person owning, harboring, or in charge of any dog shall allow it to urinate, defile, defecate on or commit any nuisance on a common thoroughfare, sidewalk, passageway, play area, park, any place where people congregate or work, upon any public property whatsoever, or upon any private property without the permission of the owner of said property. The restriction in this section shall not apply to that portion of the street lying between the curb lines, which shall be used under the following conditions:
(1) 
Any person who shall curb such dog shall immediately remove all feces deposited by such dog by any sanitary method approved by the local health authority such as placing the feces inside a plastic bag.
(2) 
The feces removed from the aforementioned designated area shall be disposed of by placing it inside a sealed plastic bag to be collected along with the regularly scheduled municipal trash, buried on the property at a depth sufficient to prevent a health nuisance, or in any other manner approved by the local health authority.
(3) 
Dog feces shall not be disposed of by placing the feces inside a catch basin or storm drain.
F. 
Restrictions on the number of dogs. It shall be unlawful for any person or persons to keep, maintain or harbor at any one time in any business establishment or residential housing unit or on its grounds more than six dogs of licensing age. This restriction shall not apply to licensed pet shops, kennels, shelters and pounds.
G. 
Dog enclosures and dog runs.
(1) 
Dog cages, pens, enclosures, runs, or any outdoor area in which a dog is kept, must not constitute an odor problem, fly nuisance, or attracting nuisance to vermin.
(2) 
Dog feces must be disposed of daily to prevent odors and flies.
(3) 
Efforts must be made to situate the dog cages, pens, enclosures, and runs in a location that is least offensive to adjoining property owners and residents. Dog cages, pens, enclosures and runs must not be within five feet of an adjoining property line and/or be within 15 feet from the window, door, or deck of an adjoining dwelling.
(4) 
If odor problems from urine or feces persist, the Health Department may order the dog owner to install a cement base or other cleanable base in the dog cages, pens, enclosures or along the dog run.
A. 
Restriction on the number of cats.
(1) 
It shall be unlawful for any person or persons to keep, maintain or harbor at any time in any business establishment or residential housing unit or on its grounds more than six cats.
(2) 
This restriction shall not apply to licensed pet shops, kennels, shelters and pounds.
B. 
Restrictions on cats running free. No person owning, harboring, or in charge of any cat shall allow it to leave the property of the owner unless it meets all the following conditions:
(1) 
The cat must be spayed or neutered.
(2) 
The cat must be under the control and supervision of a person at least 12 years of age.
(3) 
The cat must not be allowed to defile or damage private property.
A. 
General. Any animal kept by a resident for any reason, that is found to be infected with a disease or condition communicable and detrimental to the health of people or other animals shall be isolated and treated immediately by a licensed veterinarian. Failure to comply with this directive could result in an order from the Health Officer to have the animal humanely destroyed at the expense of the owner.
B. 
Rabies (except dogs and cats).
(1) 
Owners or those harboring animals capable of transmitting rabies evidencing a change in disposition or illness suggesting it may have rabies or has potentially exposed any person to rabies through a bite penetrating the skin or a nonbite exposure shall be required by the Health Officer to have such animal examined by a licensed veterinarian. The animal may be quarantined by the Health Officer for a time period specified in the latest revision of the New Jersey State Rabies Control Statutes, rabies control guidelines, or under recommendations by the New Jersey State Department of Health.
(a) 
Any costs incurred quarantining such animal or veterinary examination shall be paid for by the owner or harborer of such animal.
(b) 
If an animal dies during quarantine, the Health Officer may order a laboratory examination for rabies at the expense of the owner or harborer of the animal.
(2) 
Provisions relating to rabies vaccination of ferrets. No person shall own, keep, harbor or maintain any ferret over three months of age within the Borough of Bergenfield unless such ferret is vaccinated. The provisions of this subsection do not apply to ferrets held in a veterinary establishment where ferrets are received or kept for diagnostic, medical, surgical or other treatments.
(a) 
Vaccination. All ferrets shall be vaccinated against rabies by a licensed veterinarian of the State of New Jersey in accordance with the latest "Compendium of Animal Rabies Vaccines and Recommendations for Immunization" published by the National Association of the Public Health Veterinarians.
(b) 
Proof of vaccination. Any person owning, keeping, harboring, or maintaining a ferret, upon the request of any health official, police officer, or animal control officer, shall provide proof of vaccination.
(c) 
Exemptions. Any ferret may be exempted from the requirements of such vaccination for a specified period of time by the Health Officer, upon presentation of a veterinarian's certificate stating that because of an infirmity or other physical condition, or regimen of therapy, the vaccination of such ferret shall be deemed inadvisable.
The Bergenfield Health Department shall biannually cause a canvass to be made of all dogs, cats, and ferrets owned, kept or harbored within the Borough on or before September 1.
A. 
Licenses. Any person who keeps or operates or proposes to establish a kennel, pet shop, shelter, or pound shall apply to the Bergenfield Health Department for a license to keep or operate such establishment.
B. 
License fee. Kennels, pet shops, shelters, and pounds are required to pay an annual fee of $25 beginning on the first day of July and expiring on the last day of June.
C. 
Inspections. Prior to issuance of a license, the Bergenfield Health Department is required to inspect the facility and certify that it is in compliance with the latest revision of the New Jersey State Administrative Code 8:23A-1.1 et seq. entitled "Sanitary Operation of Kennels, Pet Shops, Shelters and Pounds."
D. 
License revocation. Said license shall be subject to revocation by the Bergenfield Board of Health for significant noncompliance with the rules and regulations of New Jersey Statutes regarding the operation of kennels, pet shops, shelters, and pounds or has been convicted on three or more occasions of a violation of N.J.S.A. 4:22-17, which concerns cruelty to animals.