[Adopted 10-18-1993 by Ord. No. 93-23]
As used in this article, the following terms
shall have the meanings indicated:
Any member of the domestic feline species: male, female or
altered.
Any cat which has attained the age of six months.
A room, group of rooms, cage, exhibition pen or kennel where
cats are kept for organized shows, breeding for exhibition, for sale
or display.
Maintaining custody, possession or control over a cat or
permitting a cat to remain on premises or providing shelter or food.
The agency or department of the Borough of Berlin or any
designated representative thereof charged with administering the issuance
and/or revocation of permits and licenses under the provisions of
this article.
Rendered permanently incapable of reproduction as certified
by a licensed veterinarian.
Includes every person having a right of property (or custody)
in a cat and every person who has such cat in his/her keeping, possession
or control or who harbors or maintains a cat or knowingly permits
a cat to remain on or about any premises occupied by the owner.
See the definition for "harboring."
A cat that damages or harms persons, public or private property.
No person shall own, keep, harbor or maintain
any cat over six months of age within the Borough of Berlin 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
federal 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.
A.
Vaccination. All cats, as defined, must be vaccinated
against rabies by a licensed veterinarian in accordance with the guidelines
of the latest Compendium of Animal Rabies Vaccines and Recommendations
for Immunization, published by the National Association of State Public
Health Veterinarians, or as otherwise required by the terms of this
chapter or of the appropriate departments of the State of New Jersey.
B.
Vaccination certificate. A certificate of vaccination
shall be issued to the owner of each vaccinated cat, on a form recommended
by the State of New Jersey. It shall be the duty of every veterinarian,
at the time of vaccinating the cat, to provide a copy of the rabies
vaccination certificate as set forth herein.
A.
Licenses must be procured annually for all cats over
the age of six months.
B.
Application for such license shall be made to the
Borough Clerk, and the following information, including presentation
of a valid rabies certificate showing that the cat has been immunized
for rabies, shall be furnished:
A.
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 Borough, or other official
designated by the governing body thereof to license cats in the Borough
in which he/she resides, a license and official registration tag with
license number or a 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 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.
B.
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 age attainment. This requirement
will not apply to a nonresident keeping a cat within the Borough of
Berlin for no longer than 90 days.
C.
Cats brought into jurisdiction.
(1)
Any person who shall bring or cause to be brought
into this Borough any cat licensed in another state for the current
year and bearing a registration tag or sleeve and shall keep the same
or permit the same to be kept within the Borough for a period of more
than 90 days shall immediately apply for a license and registration
tag or sleeve for such cat.
(2)
Any person who shall bring or cause to be brought
into this Borough any unlicensed cat and shall keep the same or permit
the same to be kept within the Borough for a period of more than 10
days shall immediately apply for a license and registration tag or
sleeve for each such cat.
D.
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 issuance and the name
of the municipality.
E.
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
an appropriate rabies vaccine.
F.
License fee schedule. A license shall be issued after
payment of a fee of $10.
[Amended 7-19-2004 by Ord. No. 2004-13]
G.
Fees, renewals and expiration date of license.
(1)
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 a license and registration tag or sleeve shall be the
same as for the original. All licenses shall expire on the 31st day
of December of the calendar year for which issued.
(2)
Only one license and registration tag or sleeve shall
be required in the licensing year for each cat. Any valid New Jersey
license tag or sleeve issued by a New Jersey municipality shall be
accepted by this Borough as evidence of compliance.
H.
Loss of license. If a license tag or sleeve has been
misplaced or lost, the Borough Clerk shall issue a duplicate license
and/or registration sleeve for that particular cat at a fee of $1.20.
I.
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.
J.
Interfering with persons performing duties under this
article. No person shall hinder, molest or interfere with anyone authorized
or empowered to perform any duty under this article.
It is hereby declared unlawful for any owner,
keeper or harborer of any female cat to permit such cat to run at
large while in heat, whether or not a valid registration tag is attached.
Any cat running at large in violation of the
provisions of this article is declared to be a public nuisance. Said
cat may be impounded by the appropriate local authorities. An impoundment
fee shall be charged against the owner of said cat by the entity impounding
the cat.
No person shall abandon any cat of any age or
permit a cat to become a stray.
No person owning, keeping or harboring any cat
shall permit it to soil, defile or commit any nuisance on any place
where people congregate or walk or upon any public property whatsoever.
This provision shall apply to all privately owned property in the
Borough, except the property of the owner or keeper of the cat and
the property owned or controlled by persons who have invited or permitted
the owner or keeper of a cat to bring such cat upon the premises.
[Amended 4-16-2015 by Ord. No. 2015-05; 6-11-2015 by Ord. No. 2015-11]
A.
Any person
violating any of the provisions of this article shall be imprisoned
in the county jail for a period not exceeding 90 days or shall be
subject to a fine of not more than $1,000 per day of the violation,
or both, in the discretion of the court, and each day's continuance
of the violation shall constitute a separate and distinct violation.
B.
Notwithstanding the foregoing, in the event that a summons is issued to a person for violation of § 89-14 and/or § 89-16 and a license is obtained prior to the court date and evidence thereof is submitted by paid receipt or by copy of the license, the penalty shall be a fine of $20 and court costs of $15. The violation schedule of the Berlin Borough Municipal Court shall be amended to include such penalty, and payments may be accepted through the Violations Bureau.
