CHAPTER V   ANIMAL CONTROL

 

 

5-1         DEFINITIONS.

       As used in this chapter:

       Dog shall mean any dog, bitch or spayed bitch.

       Dog of licensing age shall mean any dog which has attained the age of six (6) months or which possesses a set of permanent teeth.

       Keeper shall mean any person exercising control over a dog or permitting a dog to remain on premises under his control.

       Kennel shall mean any establishment where the business of boarding or selling dogs or breeding dogs for sale is carried on, except a pet shop.

       Nonspayed or nonneutered dog shall mean any dog of reproductive age which has not had its reproductive capacity permanently altered through sterilization.

       Owner when applied to the proprietorship of a dog, shall mean and include every person having a right of property in such dog and every person who has such dog in his keeping.

       Pet shop shall mean any room or group of rooms, cage or exhibition pen, not part of a kennel, where dogs are kept for sale or displayed.

       Pound shall mean any establishment for the confinement of dogs seized either under the provisions of this chapter or otherwise.

       Shelter shall mean any establishment where dogs are received, housed and distributed without charge.

       Vicious dog shall mean any dog which has been declared by a Judge of the Municipal Court to be a vicious dog which has attacked or bitten any human being or which habitually attacks other dogs or domestic animals.

       (1982 Code § 95-1)

 

 

5-2         LICENSING OF DOGS.

 

5-2.1       License Required.

       A license shall be required for any dog over six (6) months old, either male or female, owned or kept within the Borough. (1982 Code § 95-2A)

 

5-2.2       Rabies Vaccination Required.

       The Dog Licensing Agent of the Borough shall not grant any such license or official metal registration tag for any dog unless the owner thereof provides evidence that the dog 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, Education and Welfare, or has been certified exempt as provided by regulations of the State Department of Health. Such vaccination shall be repeated at intervals as provided by regulations of the State Department of Health and shall be administered by a duly licensed veterinarian or by such other veterinarian permitted by law to do the same. (1982 Code § 95-2A)

 

5-2.3       Application.

       Each application for a license under this section shall give the following information:

       a.     A general description of the dog sought to be licensed, including breed, sex, age, color and markings and whether such dog is of a long- or short-haired variety.

       b.     Name, street and post office address of the owner of and the person who shall keep or harbor such dog.

(1982 Code § 95-2B)

 

5-2.4       Time for Application.

       An application for license shall be made in the month of January of each year or within ten (10) days of the day upon which the dog reaches the age of six (6) months. (1982 Code § 95-2C)

 

5-2.5       Expiration of License.

       Each dog license and registration tag shall expire on January 31 in each year. (1982 Code § 95-2F)

 

5-2.6       License Record.

       The information contained on an application and the registration number issued to each licensed dog shall be preserved for a period of three (3) years by the Borough Clerk. He shall forward similar information to the State Department of Health each month on forms furnished by the Department. (1982 Code § 95-2D)

 

5-2.7       Fees.

       There shall be an annual licensing fee of twenty-one ($21.00) dollars and an annual registration fee of one dollar and twenty ($1.20) cents for each dog. Moreover, pursuant to the Animal Population Control Program, there will be an additional three ($3.00) dollars on all licenses issued for nonspayed and nonneutered dogs. The annual license fee for potentially dangerous dogs as determined pursuant to N.J.S.A. 4:19-31 et seq. shall be seven hundred ($700.00) dollars. (1982 Code § 95-2E; Ord. No. 1235-16-07; Ord. No. 1359-14-12)

 

5-2.8       License Forms and Tags.

       License forms and uniform official metal registration tags designed by the State Department of Health shall be furnished by the municipality and shall be numbered serially and shall bear the year of issuance and the name of the municipality. (N.J.S.A. 4:19-15.3)

 

5-2.9       Registration Tags.

       a.     Issuance. Registration numbers shall be issued in the order in which the applications are received.

       b.     Dogs Required to Wear Tag. Each dog which is required by the provisions of this section to be licensed shall wear a collar or harness with its registration tag securely fastened thereto.

       c.     Removal or Misuse of Tags. No person, except an officer in the performance of his duties, shall remove a registration tag from the collar of a dog without the consent of its owner, nor shall any person attach a registration tag to a dog for which it was not issued.

(1982 Code § 95-2B, L, M)

 

5-2.10     Exceptions.

       a.     The provisions of this section shall not apply to a dog licensed under Section 5-3, Pet Shops, Kennels, Shelters and Pounds.

       b.     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 ear" dogs shall be licensed and registered as other dogs hereinabove provided for, except that the owner or keeper of such dog shall not be required to pay any fee therefor.

(1982 Code § 95-2G; N.J.S.A. 4:19-15.3)

 

5-2.11     Disposition of Fees.

       a.     License fees and other moneys collected or received under the provisions of this section shall be forwarded to the Treasurer and/or placed in a special account separate from any of the other accounts of the Borough within forty-eight (48) hours after collection or receipt. Such fees shall be used for the following purposes only: collecting, keeping and disposing of dogs liable to seizure under this chapter; local prevention and control of rabies; providing antirabies treatment under the direction of the local Board of Health for any person known or suspected to have been exposed to rabies; all other purposes prescribed by the statutes of New Jersey governing the subject, and for administering the provisions of this chapter. Any unexpended balance remaining in the 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 third fiscal year following and at the end of each fiscal year thereafter, there shall be transferred from the special account to the general funds of the Borough any amount which is in excess of the total amount paid into the special account during the last two (2) fiscal years next preceding.

       b.     The registration tag fee of fifty ($0.50) cents for each dog shall be forwarded within thirty (30) days after collection by the Borough Clerk to the State Department of Health.

(1982 Code § 95-4)

 

5-2.12     Dogs Brought Into Borough.

       a.     Only one (1) license registration tag shall be required in any licensing year for any dog owned in New Jersey, and such license and tag shall be accepted by all municipalities.

       b.     Any person who shall bring or cause to be brought into this State any dog licensed in another state for the current year, and bearing a registration tag, and shall keep the same or permit the same to be kept within the State for a period of more than ninety (90) days shall immediately apply for a license and registration tag for each such dog.

       c.     Any person who shall bring or cause to be brought into this State any unlicensed dog and shall keep the same or permit the same to be kept within the State for a period of more than ten (10) days shall immediately apply for a license and registration tag for each such dog.

(N.J.S.A. 4:19-15.3; N.J.S.A. 4:19-15.6)

 

 

5-3         PET SHOPS, KENNELS, SHELTERS AND POUNDS.

 

5-3.1       License Required.

       Any person who keeps or operates or proposes to establish a kennel, pet shop, shelter or pound shall apply to the Borough Clerk for a license entitling him to keep or operate such establishment. A person holding such license shall not be required to secure individual licenses for dogs owned by him and kept at such establishments. Such licenses shall not be transferable to another owner or different premises. (1982 Code § 95-3A)

 

5-3.2       Application.

       The application shall contain the following information:

       a.     The name and permanent and local address of the applicant.

       b.     The street address where the establishment is located or proposed to be located, together with a general description of the premises.

       c.     The purposes for which it is to be maintained.

       d.     The maximum number of dogs to be accommodated by such establishment at any one time.

(1982 Code § 95-3B)

 

5-3.3       Approval of Health Officer.

       No license shall be issued until the applicant submits a written statement from the Health Officer that the establishment or proposed establishment complies with local and State rules governing the location of and sanitation at such establishment. (1982 Code § 95-3C)

 

5-3.4       Term of License.

       Each license issued for a kennel, pet shop, shelter or pound shall state the purpose for which the establishment is maintained and shall expire on the last day of January of each year. (1982 Code § 95-3D)

 

5-3.5       Fees.

       The annual license fee for a kennel providing accommodations for ten (10) or less dogs shall be ten ($10.00) dollars and for more than ten (10) dogs twenty-five ($25.00) dollars. The annual license fee for a pet shop shall be ten ($10.00) dollars. No fee shall be charged for a shelter or pound. (1982 Code § 95-3E; Ord. No. 1359-14-12)

 

5-3.6       Compliance with State Regulations.

       a.     Each license issued for a kennel, pet shop, shelter or pound shall be subject to revocation by the Borough Council on recommendation of the State Department of Health or the Board of Health for failure to comply with their rules and regulations, after the owner has been afforded a hearing by either the State Department of Health or the Board of Health.

       b.     A person holding a license to establish, keep or operate a kennel, pet shop, shelter or pound shall comply with all Borough ordinances and the rules and regulations promulgated by the State Department of Health governing the sanitary conduct and operation of such establishments, the preservation of sanitation therein and the prevention of the spread of rabies and other diseases of dogs within and from such establishments.

(1982 Code § 95-3F)

 

5-3.7       Reports to the State Health Department.

       The Borough Clerk shall forward to the State Department of Health a list of all kennels, pet shops, shelters and pounds within thirty (30) days after the licenses therefor are issued, which list shall include the name and address of the licensee and the kind of license issued. (1982 Code § 95-3G)

 

5-3.8       Control of Dogs Off Premises.

       No dog kept in a kennel, pet shop, shelter or pound shall be permitted off the premises except on leash or in a crate or other safe control. (1982 Code § 95-3H)

 

5-3.9       Restrictions on Sale of Dogs and Cats From Pet Shops.

       a.     Definitions.

        Animal care facility shall mean an animal control center or animal shelter, maintained by or under contract with any State, County, or municipality, whose mission and practice is, in whole, or significant part, the rescue and placement of animals in permanent homes or rescue organizations.

        Animal rescue organization shall mean any not-for-profit organization which has tax-exempt status under Section 501(c)(3) of the United States Internal Revenue Code, whose mission and practice is, in whole or in significant part, the rescue and placement of animals in permanent homes.

        Cat shall mean a member of the species of domestic cat, Felis catus.

        Dog shall mean a member of the species of domestic dog, Canis familiaris.

        Offer for sale shall mean to sell, offer for sale or adoption, advertise for the sale of, barter, auction, give away or otherwise dispose of a dog or cat.

        Pet shop shall mean a retail establishment where dogs and cats are sold, exchanged, bartered or offered for sale as pet animals to the general public at retail. Such definition shall not include an animal care facility or animal rescue organization, as defined.

       b.     Restrictions on the Sale of Animals.

        1.      A pet shop may offer for sale only those dogs and cats that the pet shop has obtained from or displays in cooperation with:

        (a)      An animal care facility; or

        (b)      An animal rescue organization.

        2.      A pet shop shall not offer for sale a dog or cat that is younger than eight (8) weeks old.

(Ord. No. 1463-12-16)

 

 

5-4         MAXIMUM NUMBER OF DOGS PER RESIDENTIAL UNIT.

       a.     The word "dog" as used in this subsection shall include all dogs, bitches or spayed bitches over the age of six (6) months.

       b.     It shall be a public nuisance for any individual or group of individuals occupying a residential unit to shelter, keep, harbor or feed more than three (3) dogs at any one (1) time.

(1982 Code § 158-5B)

 

 

5-5         DOG CANVASS.

       The Chief of Police shall annually cause a canvass to be made of all dogs owned, kept or harbored within the Borough and shall report to the Borough Clerk, the Board of Health and the State Department of Health the results thereof, setting forth in separate columns the names and addresses of persons owning, keeping or harboring dogs, the number of licensed dogs owned, kept or harbored by each person, together with the registration number of each dog; the number of unlicensed dogs owned, kept or harbored by each person, together with a complete description of each unlicensed dog. (1982 Code § 95-5)

 

 

5-6         IMPOUNDMENT.

 

5-6.1       Causes for Impoundment.

       The Animal Control Officer shall take into custody and impound, or cause to be taken into custody and impounded, any of the following dogs:

       a.     Any unlicensed dog running at large in violation of the provisions of this chapter.

       b.     Any dog off the premises of its owner or of the person keeping or harboring it which the Animal Control Officer or his agent has reason to believe is a stray dog.

       c.     Any dog off the premises of its owner or of the person keeping or harboring it without a current registration tag on its collar.

       d.     Any female dog in season off the premises of its owner or of the person keeping or harboring it.

       e.     Any dog which has been determined to be a vicious dog, provided that it may also be seized by a Police Officer, and if it cannot be seized with safety, it may be killed.

(1982 Code § 95-6A)

 

5-6.2       Access to Premises.

       Any officer or agent authorized or empowered to perform any duty under this chapter is authorized to go upon any premises to seize for impounding any dog which he may lawfully seize and impound when he is in immediate pursuit of such dog, except upon the premises of its owner if he is present and forbids same. (1982 Code § 95-6B)

 

5-6.3       Notice of Seizure.

       a.     If a dog so impounded or seized wears a registration tag, collar or harness having inscribed thereon or attached thereto the name and address of any person or of its owner, or the person keeping or harboring the dog is known, the Animal Control Officer shall immediately serve on the person whose address is given on the collar, or on the person owning, keeping or harboring the dog, a written notice stating that the dog has been seized and will be liable to be disposed of or destroyed if not claimed within seven (7) days after service of the notice.

       b.     A notice under this section may be served by delivering it to the person on whom it is to be served, 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 mail in a prepaid letter addressed to that person at his usual or last known address given on the collar.

(1982 Code § 95-6C)

 

5-6.4       Disposition of Unclaimed Dogs; Impoundment Fees.

       The Animal Control Officer is authorized and empowered to cause the destruction of an unclaimed dog, in as humane a manner as possible, under any of the following contingencies:

       a.     When the dog has not been claimed by the person owning, keeping or harboring it within seven (7) days after notice or within seven (7) days of the dog's detention when notice has not been or cannot be given.

       b.     If the person owning, keeping or harboring the dog has not claimed it and has not paid all expenses incurred by reason of its detention, including maintenance.

       c.     If the dog is unlicensed at the time of its seizure and the person owning, keeping or harboring it does not procure a license and registration tag as provided in this chapter.

(1982 Code § 95-6D)

 

5-6.5       Quarantine.

       The Borough Council may, by proclamation, require all dogs to be quarantined during such period in each year as may seem advisable. (1982 Code § 95-7)

 

5-6.6       Enforcement; Appointments.

       The Borough Council shall have the power to appoint an Animal Control Officer, whose duty it shall be to enforce the provisions of this chapter. The Council shall also have the power to appoint one (1) or more persons, to be known as "Dogcatchers," who may impound unlicensed dogs running at large in violation of the provisions of this chapter and who shall make monthly and annual reports to the Council. (1982 Code § 95-8)

 

5-6.7       Penalties.

       a.     Any person who violates any provision of Sections 5-2, 5-4, 5-5; and/or 5-6 shall be subject to a fine of two hundred fifty ($250.00) dollars for a first offense, five hundred ($500.00) dollars for a second offense and one thousand ($1,000.00) dollars for a third or subsequent offense.

       b.     Any person who violates any provision of subsection 5-3.1 through 5-3.8 regarding pet shops, kennels, shelters and pounds shall be subject to a fine of fifty ($50.00) dollars for each offense.

(1982 Code § 95-9; Ord. No. 1359-14-12)

 

 

5-7         CURBING OF DOGS; NUISANCES.*

 

*Editor's Note: See also Section 5-14, Pet Waste.

 

5-7.1       Prohibited Acts.

       a.     Curbing Required. No person owning, keeping or harboring a dog shall permit or suffer it to do any injury or to do any damage to any lawn, shrubbery, flowers, grounds or property, or permit such dog to soil or defile or to commit any nuisance upon any sidewalk of any public street or thoroughfare or in or upon any public building or any approach to such building from the street, or in or upon any public park, public playground or school playground, play area, or in or upon the property of persons other than the owner, person or persons owning or having the care, custody or control of such dog; provided, however, for the purpose of this subsection, the above-mentioned restrictions shall not apply to the portion of the street within the curblines, which area shall be used to curb the dog.

       b.     Nuisances on Private Property. No person being the owner or in charge or control of any dog shall allow or permit it to defecate upon or to otherwise soil, defile or commit any nuisance upon any private property other than the property of the person unless with the consent of the owner of the private property, in which instance a complaint is only fileable by the owner of the property.

       c.     Nuisances on Public Property. No person being the owner or in charge or control of any dog shall allow or permit it defecate upon or otherwise soil, defile or commit any nuisance upon any public property.

(1982 Code § 95-10A, B, C)

 

5-7.2       Enforcement.

       The enforcing officer for this section shall be the Police Department for the Borough. (1982 Code § 95-10D)

 

5-7.3       Violations and Penalties.

       Violation of any provision of this section shall be punishable, upon conviction, to a fine not to exceed one hundred ($100.00) dollars. (1982 Code § 95-10E, New)

 

 

5-8         CONTROL OF DOGS.

 

5-8.1       Barking.

       No person shall keep, harbor or maintain any dog which habitually or continuously barks or cries. (1982 Code § 95-2I)

 

5-8.2       Running at Large.

       No person owning, keeping or harboring any dog shall suffer or permit it to run at large off such person's premises within the Borough. (1982 Code § 95-2J)

 

5-8.3       Leash Required.

       No person owning, keeping or harboring any dog shall suffer or permit it to be upon the public streets or in any of the public places of the Borough of Little Ferry unless such dog is securely confined and controlled by an adequate leash not more than six (6) feet long, held by a person able to control the dog. (1982 Code § 95-2J)

 

5-8.4       Damage to Property.

       No person owning, keeping or harboring a dog shall permit it to do any injury or to do any damage to any lawn, shrubbery, flowers, grounds or property belonging to another. (1982 Code § 95-2K)

 

5-8.5       Prohibited in Food Establishments.

       No dog shall be permitted in a food establishment, which includes any place used in the production, preparation, manufacturing, packaging, storing, transportation or handling of food intended for sale or distribution. (1982 Code § 95-2N)

 

5-8.6       Dogs Prohibited in Public Areas.

       No person owning or harboring any dog or other domesticated animal shall suffer or permit it to enter or be in any public building, park, playground or any other public property whatsoever. The foregoing restrictions shall not apply to a person using a Seeing Eye dog. (1982 Code § 158-2C)

 

5-8.7       Hindering Performance.

       No person shall hinder, molest or interfere with anyone authorized or empowered to perform any duty under this chapter. (1982 Code § 95-2H)

 

 

5-9—5-13        RESERVED.

 

 

5-14       PET WASTE.*

 

*Editor's Note: See also Section 5-7, Curbing of Dogs.

 

5-14.1     Purpose.

       The purpose of this section is to establish requirements for the proper disposal of pet solid waste in the Borough of Little Ferry, so as to protect public health, safety and welfare, and to prescribe penalties for failure to comply. (Ord. No. 1161-5-05 § 1)

 

5-14.2     Definitions.

       As used in this section:

       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 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.

       (Ord. No. 1161-5-05 § 2)

 

5-14.3     Immediate Disposal Required.

       All pet owners and keepers are required to immediately and properly dispose of their pet's solid waste deposited on any property, public or private, not owned or possessed by that person. (Ord. No. 1161-5-05 § 3)

 

5-14.4     Exemptions.

       Any owner or keeper who requires the use of a disability assistance animal shall be exempt from the provisions of this section while such animal is being used for that purpose. (Ord. No. 1161-5-05 § 4)

 

5-14.5     Enforcement.

       The provisions of this section shall be enforced by the Police Department and the Board of Health of the Borough. (Ord. No. 1161-5-05 § 5)

 

 

5-15       CATS.

 

5-15.1     Maximum Number of Cats Per Residential Unit.

       a.     The word "cat" as used in this subsection shall include all cats over the age of six (6) months.

       b.     It shall be a public nuisance for any individual or group of individuals occupying a residential unit to shelter, keep or feed more than five (5) cats at any one (1) time.

(1982 Code § 158-5)

 

 

5-16       RESERVED.

 

 

5-17       FERRETS.

 

5-17.1     Ferrets Prohibited.

       It shall be a public nuisance for any individual or group of individuals occupying a residential unit to shelter, keep, harbor or feed a ferret. (1982 Code § 158-5C)

 

 

5-18       FEEDING OF WILDLIFE ON PUBLIC PROPERTY.

 

5-18.1     Purpose.

       This section prohibits the feeding of unconfined wildlife in any public park or on any other property owned or operated by the Borough of Little Ferry, so as to protect public health, safety and welfare, and to prescribe penalties for failure to comply. (Ord. No. 1162-6-05 § 1)

 

5-18.2     Definitions.

       As used in this section:

       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. 1162-6-05 § 2)

 

5-18.3     Prohibited Conduct.

       No person shall feed, in any public park or on any other property owned or operated by the Borough of Little Ferry, any wildlife, excluding confined wildlife (for example, wildlife confined in zoos, parks or rehabilitation centers, or unconfined wildlife at environmental education centers). (Ord. No. 1162-6-05 §3)

 

5-18.4     Enforcement.

       a.     This section be enforced by the Police Department and/or other Municipal Officials of the Borough.

       b.     Any person found to be in violation of this section shall be ordered to cease the feeding immediately.

(Ord. No. 1162-6-05 § 4)

 

5-18.5     Violations and Penalties.

       Any person(s) who is found to be in violation of the provisions of this section shall be subject, upon conviction, to the penalty stated in Chapter I, Section 1-5. (Ord. No. 1162-6-05; New)

 

 

5-19       FEEDING OF WATERFOWL.

 

5-19.1     Definitions.

       As used in this chapter:

       Migratory waterfowl shall mean and include those species of birds, not otherwise defined as a domesticated animal in this chapter, commonly known as swans, geese, river and sea ducks, and any other waterfowl falling under jurisdiction of the New Jersey Conservation Committee or otherwise defined by the Commission as migratory waterfowl.

       (Ord. No. 1060-19-01)

 

5-19.2     Feeding Waterfowl and Certain Other Acts Prohibited.

       It shall be unlawful for any person, whether on public or private property 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 the migratory waterfowl.

(Ord. No. 1060-19-01)

 

5-19.3     Violations and Penalties.

       Any person feeding any migratory waterfowl proscribed by this section, whether on public or private property shall, upon conviction, be fined fifty ($50.00) dollars for a first offense, one hundred ($100.00) dollars for a second offense and five hundred ($500.00) dollars for each offense thereafter which summons shall be issued by the Police Department. (Ord. No. 1060-19-01)

 

5-19.4     Exception.

       Nothing contained herein shall prohibit persons from feeding birds on their private property by leaving food in a manner commonly or ordinarily used for feeding such as a bird feeder. (Ord. No. 1060-19-01)

 

5-19.5     Notice by Health Director; Declaration of Nuisance.

       Whenever the Health Director 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, he shall:

       a.     After notifying and consulting with the appropriate New Jersey Conservation Commission official, declare that a nuisance exists, and

       b.     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 notice through the United States mail and notice to be deemed served upon proof that such notice was deposited in the United States mail, first class postage, prepaid and addressed, in the case of an individual, to his business address, residence address or such address as the records of the Borough Tax Assessor shall reveal to be his address for tax purposes; or in the case of a corporation, to the registered office of agent of such corporation as the records of the Secretary of State of the State of New Jersey shall reveal. Such notice shall order the nuisance to be immediately abated and/or that such feeding shall immediately stop.

(Ord. No. 1060-19-01)

 

5-19.6     Director's Power to Remove a Congregation.

       a.     The Health Director shall have all powers necessary, upon application by a citizen, or at his own discretion to disperse or remove any congregation or congestion of migratory waterfowl by any lawful means.

       b.     Before taking any steps to remove or disperse any congestion or congregation of migratory waterfowl, the Director shall meet and confer with the appropriate Conservation Commission official and with the advice and consent of that official determine the appropriate method and means of removing or dispersing the migratory waterfowl considering first the health, safety and welfare of the citizens of means and, second, the health, safety and welfare of the migratory waterfowl.

       c.     Whenever the Director, after consultation with the Department of Conservation, determines that waterfowl shall be dispersed by scare tactics or noise tactics, he may delegate implementation of the plan developed by his consultations to any responsible citizen or citizens of the affected neighborhood. This paragraph shall not be construed to authorize any private citizen to discharge any firearm or to use any device which launches a projectile of any type.

       d.     The Director shall apply for and secure all permits necessary by law prior to taking any action.

(Ord. No. 1060-19-01)

 

5-19.7     Health Director May Delegate Certain Powers.

       In order to remove or disperse congregations or flocks of birds constituting a nuisance as defined by ordinance, the Health Director may delegate the enrollmentation of dispersal plan to any responsible citizen or citizens in the affected neighborhood by permit specifying the name of the permitted, date of issuance, date of expiration and details of the plan so delegated.

       This section shall not be construed to empower the Health Director to authorize any private citizen to discharge any firearm or to use any device which launches a projectile of any type. (Ord. 1060-19-01)

 

 

5-20—5-25      RESERVED.

 

 

5-26       VIOLATIONS AND PENALTIES.

       Any person who shall violate any provision of this chapter, where no other penalty is specifically provided, shall, upon conviction thereof, be liable to the penalty stated in Chapter I, Section 1-5. (New)

 

CHAPTER V ANIMAL CONTROL
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