CHAPTER 5 ANIMAL CONTROL

 

 

Article I  Domestic Animal Licensing and Control

 

5-1 DEFINITIONS.

       Cat shall mean any member of the domestic feline species; male, female, or altered.

       Cat of licensing age shall mean any cat which has attained the age of seven (7) months, or which possesses a set of permanent teeth.

       Cattery shall mean any room or group of rooms, cage, or exhibition pen, wherein cats for sale are kept or displayed, or are sheltered.

       Dog shall mean any member of the domestic canine species; male, female, or altered.

       Dog of licensing age shall mean any dog which has attained the age of seven (7) months, or which possesses a set of permanent teeth.

       Domestic animal shall mean any cat or dog.

       Kennel shall mean any room or group of rooms, case, or exhibition pen wherein dogs for sale are kept or displayed, or are sheltered.

       Licensing agency shall mean the agency or department of the Borough of Elmer or any designated representative thereof charged with administering the issuance and/or revocation of permits and license under the provisions of this Article.

       Neutered shall mean rendered permanently incapable of reproduction as certified by a licensed veterinarian.

       Owner shall mean when applied to the proprietorship of a domestic animal shall include every person having a right of property (or custody) in such domestic animal and every person who has such domestic animal in his/her keeping, or who harbors or maintains a domestic animal or knowingly permits a domestic animal to remain on or about any premises occupied by that person.

       Person shall mean any individual, corporation, partnership, organization, or institution commonly recognized by law as a unit.

       (Ord. No. 2004-2 § I)

 

 

5-2 PROVISIONS RELATING TO RABIES VACCINATION OF CATS AND DOGS.

 

5-2.1   Vaccination and License Requirements.

       No person shall own, keep, harbor, or maintain any domestic animal over seven (7) months of age within the Borough of Elmer, unless such domestic animal is vaccinated and licensed. The provisions of this subsection do not apply to cats or dogs held in a cattery or kennel, or those held by a State or Federal licensed research facility, or a veterinary establishment where cats or dogs arc received or kept for diagnostic, medical, surgical, or other treatments, or licensed animal shelters, pounds, kennels, or pet shops. (Ord. No. 2004-2 § II)

 

5-2.2  Vaccination.

       All cats or dogs 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 5-2.4. (Ord. No. 2004-2 § II)

 

5-2.3   Vaccination Certificate.

       A certificate of vaccination shall be issued to the owner of each animal vaccinated on a form recommended by the State. (Ord. No. 2004-2 § II)

 

5-2.4  Exemptions.

       Any domestic animal may be exempted from the requirements of such vaccination for a specified period of time by the local Board of Health, 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 domestic animal shall be deemed inadvisable. (Ord. No. 2004-2 § II)

 

 

5-3 LICENSING REQUIREMENTS.

 

5-3.1        Domestic Animals Must Have License Number Displayed.

       Any person who shall own, keep, or harbor a dog 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 domestic animals in the Borough, a license and official registration tag with license number, or a registration sleeve for each domestic animal so owned, kept, or harbored, and shall place upon such domestic animal a collar, or other device with the license number securely fastened or displayed thereto. License tags or sleeves are not transferable. (Ord. No. 2004-2 § III)

 

5-3.2              Time for Applying for License.

       The owner of any newly acquired domestic animal of licensing age, or of any domestic animal which attains licensing age, shall make application for license tags or sleeve for such domestic animal within ten (10) days after such acquisition or age attainment. This requirement will not apply to a nonresident keeping a domestic animal within the Borough for no longer than ninety (90) days. (Ord. No. 2004-2 § III)

 

5-3.3        Domestic Animals Brought into Borough.

       Any person who shall bring, or cause to be brought into this Borough, any domestic animal licensed in another State for the current year, and bearing a registration tag or sleeve may keep the domestic animal within the Borough for a period of no more than ninety (90) days. Thereafter, the domestic animal shall immediately be licensed in accordance with this Article.

       Any person who shall bring or cause to be brought into this Borough any unlicensed domestic animal, and shall keep same or permit same to be kept within the Borough for a period of more than ten (10) days, shall immediately apply for a license and registration tag or sleeve for each such domestic animal. (Ord. No. 2004-2 § III)

 

5-3.4  Application, Contents, Preservation of Information.

       The application shall state the breed, sex, age, color, and markings of the domestic animal for which license and registration are sought, and whether it is of 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 domestic animal. The information on the application and the registration number issued for the domestic animal shall be preserved for a period of three (3) years by the Clerk or other local official designated to license cats or dogs in the Borough. (Ord. No. 2004-2 § III)

 

5-3.5          License Forms and Tags.

       License forms and official tags or sleeves shall be furnished by the Borough and shall be numbered serially, and shall bear the year of the issuance and the name of the Borough. (Ord. No. 2004-2 § III)

 

5-3.6        Evidence of Inoculation with Rabies Vaccine or Certification of Exemption; Requirement for License.

       The Borough Clerk or other official designated by the Governing Body of the Borough to license cats or dogs therein shall not grant any such license and official registration tag or sleeve for any domestic animal, unless the owner thereof provides evidence that the domestic animal to be licensed and registered has been inoculated with a rabies vaccine of a type approved by and administered in accordance with the recommendation of the United States Department of Agriculture and the United States Department of Human Services, or has been certified exempt as provided by Section 5-2 of this Article. The rabies inoculation shall be administered by a duly licensed veterinarian, or by such other veterinarian permitted by law to do the same. (Ord. No. 2004-2 § III)

 

5-3.7          License Fee Schedule.

       A license shall be issued after payment of a fee of fifteen ($15.00) dollars for each unneutered cat, and ten ($10.00) dollars for each neutered cat. A license shall be issued after payment of a fee of fifteen ($15.00) dollars for each unneutered dog and ten ($10.00) dollars for each neutered dog. The dog fees include a one ($1.00) dollar registration fee and twenty ($0.20) cent surcharge to the State of New Jersey, Department of Health Pilot Clinic Fund. All licenses which are purchased on or after April 1st of each year for a domestic animal that was of licensing age as of January 1st of said year shall incur an additional late penalty fee of twenty ($20.00) dollars per license. (Ord. No. 2004-2 § 3; Ord. No. 2007-3; Ord. No. 2009-15; Ord. No. 2010-4)

 

5-3.8               Fees, Renewals, Expiration Date of License.

       Any license procured for a domestic animal in accordance with subsection 5-3.3 shall pay the full license fee set forth herein and said license shall expire on January 1, in the following year.

       Only one (1) license and registration tag or sleeve shall be required in the licensing year for any domestic animal in this Borough. Any valid New Jersey License tag or sleeve issued by a New Jersey municipality shall be accepted by this Borough as evidence of compliance. (Ord. No. 2004-2 § III)

 

5-3.9               Loss of License.

       If a license tag or sleeve has been misplaced or lost, the Borough Clerk may issue a duplicate license and/or registration sleeve for that particular domestic animal at a fee of two ($2.00) dollars. (Ord. No. 2004-2 § III)

 

5-3.10             Proof of Licensing.

       Proof of licensing shall be produced by any person owning, keeping, maintaining, or harboring a domestic animal, upon the request of any Health Official, Police Officer, Animal Control Officer, or other authorized person. (Ord. No. 2004-2 § III)

 

5-3.11    Interfering with Persons Performing Duties Under This Chapter.

       No person shall hinder, molest, or interfere with anyone authorized or empowered to perform any duty under this chapter. (Ord. No. 2004-2 § III)

 

5-3.12    Disposition of Fees Collected.

       The sums collected under subsection 5-3.7 shall be forwarded to the Treasurer of the Borough and shall be placed in a special account separate from any of the other accounts of the Borough which account shall be called the "Animal Fund" and which account shall be used for the following purposes only:

       a.      Collecting, keeping and disposing of a domestic animal liable to seizure, for local prevention and control of rabies, providing anti-rabies treatment under the direction of the local Board of Health for any person known or suspected to have been exposed to rabies, and for administering the provisions of this chapter. Any unexpected 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 the 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 Borough any amount then in such account which is in excess of the total amount paid into the special account during the last two (2) fiscal years next preceding.

       b.     For any other purpose consistent with law.

(Ord. No. 2004-2 § III)

 

 

5-4 CONTROL OF DOMESTIC ANIMALS; PET WASTE.

 

5-4.1               Care and Control.

       No person or party shall allow, permit or suffer any domestic animal under his or her harboring, ownership, custody, control or dominion or under the harboring, ownership, custody, control or dominion of any unemancipated infant or minor members of his or her household, whether licensed or unlicensed to:

       a.     Run at large, or unleashed (cats excepted from leash requirement), off the premises of the owner except when in the company of a responsible person and under the direct and immediate close control of such person.

       b.       Enter on or upon any municipality owned building, playground or athletic field, unleashed and not accompanied by a responsible person.

       c.     Bite or molest any person.

       d.       Chase any vehicle upon a public street.

       e.       Injure or damage any lawn or shrubbery or flowers or grounds or any property, real or personal, of any person other than its master.

       f.       Behave in any way so as to endanger any person or property.

       g.       Leave the premises of such person while the domestic animal is in heat, except when being walked or exercised, at which time the domestic animal shall be leashed and accompanied by a responsible adult.

       h.     Be chained, while in heat, in any open yard or other open area at any time.

       i.       Defecate on property other than that owned by the person owning, harboring, keeping or in charge of said domestic animal. Provided, further, that any such person or persons shall not be considered in violation of this Article if he or she shall immediately thereafter remove such excrement from nonowned property and then thereafter dispose of it in a sanitary fashion. (Ord. No. 2014-11 requires specific regulations for pet waste, see subsection 5-4.2)

       j.      To continue to or frequently bark or howl for a period of time sufficient to cause annoyance or alarm (a period of one (1) hour or more is annoying or disturbing sufficient to sustain a conviction hereunder). In addition, to the presumption established herein, the Court may use any other reasonable means of determining if this section has been violated.

(Ord. No. 2004-2 § V)

 

5-4.2                  Pet Waste.

       a.       Purpose. The Borough of Elmer finds that the establishment of requirements for the proper disposal of pet solid waste is an important public concern to protect public health, safety and welfare of its residents.

       b.    Definitions.  For the purposes of this subsection, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this subsection clearly demonstrates a different meaning. When not inconsistent, with the context, words used in the present tense include the future, words in the plural number include the singular number, and words used in the singular number include the plural number. The word “shall” is always mandatory and not directory.

     Immediate shall mean that the pet solid waste is removed at once, without delay.

Owner/keeper shall mean any person who shall possess, maintain, house or harbor any pet or otherwise have the custody of any pet, whether or not the owner of such pet.

       Person shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.

       Pet shall mean a domesticated animal (other than a disability assistance animal) kept for amusement or companionship.

       Pet solid waste shall mean waste matter expelled from the bowels of the pet; excrement.

       Proper disposal shall mean placement in a designated waste receptacle, or other suitable container, and discarded in a refuse container which is regularly emptied by the municipality or some other refuse collector; or disposal into a system designed to convey domestic sewage for proper treatment and disposal.

       c.     Defecation on Public or Private Property.  No person owning or in discharge owing or in charge of a pet shall cause or allow such pet to soil, defile, defecate on or commit any nuisance on any common thoroughfare, sidewalk, passageway, bypath, play area, park or any place where people congregate or walk, or upon any public property whatsoever, or upon private property without the permission of the owner of said property.

       d.       Removal of Pet Solid Waste.  Any person owning or in charge of any pet which soils, defiles, defecates on or commits any nuisance on any common thoroughfare, sidewalk, passageway, bypath, play area, park or any place where people congregate or walk, or upon any public property whatsoever, or upon any private property without the permission of the owner of said property shall immediately remove all pet solid waste deposited by any such pet by any sanitary method approved by the local health authority.

       e.       Sanitary Disposal of Pet Solid Waste.  Sanitary methods for removing all pet solid waste approved by the local health authority are mechanical devices such as pooch scoops, small shovels, etc. All pet solid waste removed by the person owning, harboring, keeping or in charge of any such pet shall be disposed of in a sealed, nonabsorbent, leakproof container.

       f.   Exemptions.  Any owner or keeper who requires the use of a disability assistance animal shall be exempt from any provisions of this subsection while such animal is being used for that purpose.

       g. Enforcement.  The provisions of this subsection shall be enforced by the Code Enforcement Officer or the Police Department of the Borough of Elmer.

       h.       Violations and Penalties.

        1.        Any person violating this subsection shall, upon conviction thereof, be punishable by one or more of the following:  by a period of community service not exceeding 90 days; and/or by a fine of not less than $25.00 or more than $2,000.00, at the discretion of the Judge.

        2.        Any person who is convicted of violating the provisions of this subsection within one year of the date of previous violation of the same subsection and who was fined for the previous violation shall be sentenced by the Court to an additional fine as a repeat offender.  The additional fine imposed by the Court for a repeated offense shall not be less than the minimum or exceed the maximum fine fixed for a violation of this subsection, but shall be calculated separately from the fine imposed for the original violation of this subsection.  Whenever such person shall have been officially notified or by service of a summons in a prosecution, or in any other official manner, that said person is committing a violation, each day’s continuance of such violation after such notification shall constitute a separate offense, punishable by a like fine or penalty.

(Ord. No. 2014-11)

 

 

5-5 PENALTY.

       a.       Violation of Article; Penalties. Except as otherwise provided in this Article, any person who violates or who fails or refuses to comply with this Article shall be liable for a fine of not less than fifty ($50.00) dollars for the first offense and not more than one hundred ($100.00) dollars for the second offense and not less than one hundred fifty ($150.00) dollars for each subsequent offense or to imprisonment for a term not exceeding thirty (30) days, or both, and violation or each day in which such violation continues shall be deemed to constitute a separate offense.

(Ord. No. 2004-2 § VI)

 

 

Article II  Nondomestic Animals

 

5-6 MIGRATORY WATERFOWL.

 

5-6.1    Definitions.

       As used in this section:

      Migratory Waterfowl shall mean and include those species of birds, not otherwise defined as a domesticated animal, commonly known as geese or ducks.

       (Ord. No. 95-9 § 1)

 

5-6.2          Feeding Waterfowl; Prohibited Activity.

       It shall be unlawful for any person to:

       a.     Feed any migratory waterfowl.

       b.       Create any condition or allow any condition to exist which results in a congregation or congestion of migratory waterfowl which:

        1.    Results in an accumulation of waterfowl feces or droppings; or

        2.    Results in damage to flora, fauna, or private or public property; or

        3.    Results in a threat or nuisance to the public health, safety or welfare; or

        4.    Results in a threat to the health, safety, or welfare of said migratory waterfowl.

(Ord. No. 95-9 § 2)

 

5-6.3             Police Department's Duty to Abate a Waterfowl Nuisance; Notice.

       Whenever a member of the Police Department becomes aware that migratory waterfowl are being fed in violation of this section, or that a congregation or congestion of migratory waterfowl as prohibited by this section exists, that member shall give notice of the nuisance to the owner or occupant of the premises upon which the nuisance exists or the feeding is occurring. Notice shall be deemed sufficient if it shall have been served either personally, or by posting such notice upon the property in question, or by mailing such notice through the United States mail or as otherwise provided by the New Jersey Rules of Court. Mailed notice shall be deemed served upon proof that such notice was deposited in the United States mail, first class postage, prepaid and addressed to the person named on the Borough tax rolls as the owner of the premises in question. Such notice shall order the nuisance to be immediately abated and/or that such feeding shall immediately stop. (Ord. No. 95-9 § 3)

 

5-6.4 Enforcement.

       If the owner or occupant of the premises upon which the nuisance exists or the feeding is occurring fails to immediately comply with the notice as set forth above, a complaint shall issue. (Ord. No. 95-9 § 4)

 

5-6.5         Penalty.

       Any person found guilty of violating this section shall, upon conviction, be subject to a fine not to exceed five hundred ($500.00) dollars and a period of incarceration not to exceed thirty (30) days.

 

 

5-7 GENERAL PROHIBITIONS.

       No person shall own or keep within the limits of the Borough any horses, colts, cows, bulls, swine, sheep, chickens, geese or pigeons, unless the same be confined within an enclosure sufficient to prevent such animals from trespassing on the property of others and from running at large in the streets or other public places, or shall be sufficiently secure or tethered while in such streets or public places, as to be within full control of the person in charge thereof. Upon conviction therefor, such person or persons, for the first offense may be fined the sum of fifty ($50.00) dollars and for the second or any subsequent offense be fined a sum not exceeding one hundred ($100.00) dollars or imprisonment in the County Jail not exceeding ten (10) days. (Ord. No. 79 § VI; Ord. No. 2004-2; New)

 

 

5-8 WILDLIFE FEEDING.

 

5-8.1        Purpose. 

       The purpose of this section is to prohibit the feeding of unconfined wildlife in any public park or on any other property owned or operated by the Borough of Elmer, so as to protect public health, safety and welfare, and to prescribe penalties for failure to comply. (Ord. No. 2014-9)

 

5-8.2    Definitions. 

       For the purpose of this section, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning.  When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number.  The word “shall” is always mandatory and not merely directory.

       Feed shall mean to give, place, expose, deposit, distribute or scatter any edible material with the intention of feeding, attracting or enticing wildlife.  Feeding does not include baiting in the legal taking of fish and/or game.

       Person shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.

       Wildlife shall mean all animals that are neither human nor domesticated.

(Ord. No. 2014-9)

 

5-8.3     Prohibited Conduct.

       No person shall feed, in any public park or on any other property owned or operated by the Borough of Elmer, any wildlife, excluding confined wildlife (for example, wildlife confined in zoos, parks or rehabilitation centers, or unconfined wildlife at environmental education centers). (Ord. No. 2014-9)

 

5-8.4 Enforcement.

       The provisions of this section shall be enforced by the Code Enforcement Officer or the Police Department of the Borough of Elmer. (Ord. No. 2014-9)

 

5-8.5      Violations and Penalties.

       a.     Any person violating this section shall, upon conviction thereof, be punishable by one or more of the following:  by a period of community service not exceeding 90 days; and/or by a fine of not less than $25.00 or more than $2,000.00, at the discretion of the Judge.

       b.     Any person who is convicted of violating the provisions of this section within one year of the date of previous violation of the same section and who was fined for the previous violation shall be sentenced by the Court to an additional fine as a repeat offender.  The additional fine imposed by the Court for a repeated offense shall not be less than the minimum or exceed the maximum fine fixed for a violation of this section, but shall be calculated separately from the fine imposed for the original violation of this section.  Whenever such person shall have been officially notified or by service of a Summons in a prosecution, or in any other official manner, that said person is committing a violation, each day’s continuance of such violation after such notification shall constitute a separate offense, punishable by a like fine or penalty.

(Ord. No. 2014-9)

 

 

CHAPTER 5 ANIMAL CONTROL
Published by ClerkBase
©2020 by Clerkbase. No Claim to Original Government Works.