CHAPTER V ANIMAL CONTROL

 

 

Article I  Dogs

 

5-1         DEFINITIONS.

       As used in this chapter:

       Certified Animal Control Officer shall mean a person eighteen (18) years of age or older who has satisfactorily completed the course of study approved by the Commissioner of Health and Senior Services and the Police Training Commission as prescribed by paragraphs (1) through (3) of subsection a. of section 3 of P.L. 1983, c. 525 (C.4:19-15.16a); or who has been employed in the State of New Jersey in the capacity of, and with similar responsibilities to those required of, a Certified Animal Control Officer pursuant to the provisions of P.L. 1983, c. 525 for a period of three (3) years before January 17, 1987.

       Dog shall mean any dog, bitch or spayed bitch.

       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.

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

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

       Owner when applied to the proprietorship of a dog shall mean and include every person having a right of property in that dog and every person who has that dog in his keeping, and when applied to the proprietorship of any other animal, including, but not limited to, a cat, shall include every person having a right of property in that animal and every person who has that animal in his keeping.

       Pet Shop shall mean any place of business which is not part of a kennel, wherein animals, including, but not limited to, dogs, cats, birds, fish, reptiles, rabbits, hamsters or gerbils, are kept or displayed chiefly for the purpose of sale to individuals for personal appreciation and companionship rather than for business or research purposes.

       Potentially Dangerous Dog shall mean any dog or dog hybrid declared potentially dangerous by a municipal court pursuant to N.J.S.A. 4:19-23.

       Pound shall mean an 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 attacked or bitten any human being or which habitually attacks other dogs or domestic animals and any dog or dog hybrid declared vicious by a municipal court pursuant to N.J.S.A. 4:19-22.

       (1967 Code § 6-1; N.J.S.A. 4:19-15.1; N.J.S.A. 4:19-18)

 

 

5-2         LICENSING OF DOGS.

 

5-2.1        License; When Required.

            Licenses shall be required for the following dogs of licensing age:

            a.         Any dog owned or kept within the Borough by a resident of the Borough on the first day of January of any calendar year.

            b.         Any dog acquired by any person during the course of any calendar year and kept within the Borough for more than ten (10) days after acquisition.

            c.         Any dog attaining licensing age during the course of the calendar year.

            d.         Any unlicensed dog brought into the Borough by any person and kept within the Borough for more than ten (10) days.

            e.         Any dog licensed by another state brought into the Borough by any person and kept within the Borough for more than ninety (90) days.

(1967 Code § 6-2.1)

 

5-2.2        Application for License; Registration Numbers.

            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.

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

(1967 Code § 6-2.2)

 

5-2.3        Certificate of Vaccination Against Rabies Required.

            No Municipal Clerk or other official designated by the Governing Body shall grant any such license and 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. The State Department of Health shall promulgate regulations providing for the recognized duration of immunity, interval of inoculation, certificate of vaccination, certificate of exemption, and such other matters related to this act. (N.J.S.A. 4:19-15.2a)

 

5-2.4        License Record.

            The information on all applications under this chapter and the registration number issued to each licensed dog shall be preserved for a period of three (3) years by the Borough Clerk. In addition, (s)he shall forward similar information to the State Department of Health each month on forms furnished by the Department. (1967 Code  § 6-2.4)

 

5-2.5        Time for Application.

            Applications for licenses for dogs which are required to be licensed by the provisions or subsection 5-2.1a., shall be made before the thirty-first day of March of each calendar year. In all other cases, the application for a license shall be made within ten (10) days of the day upon which the dog is question first becomes subject to the provisions of this section. (1967 Code § 6-2.3; New)

 

5-2.6        License Fees.

            a.         Annual. The person applying for a license shall pay a local annual license fee of five ($5.00) dollars for each dog. In addition thereto, the applicant shall pay all mandated State fees which shall be transmitted by the Borough to the State of New Jersey as required by law including, but not necessarily limited to, a one ($1.00) dollar annual registration fee, N.J.S.A. 4:19-15.3, a twenty ($0.20) cent annual fee to be placed in the Pilot Clinic Fund, N.J.S.A. 4:19-15.3c., and, if proof of permanent alteration of reproductive capacity of a dog of reproductive age is not produced, an annual fee of three ($3.00) dollars for the Animal Population Control Fund, N.J.S.A. 4:19-15.3b. The same fees shall be charged for annual renewal of each license.

            b.         Three Year License. A license may be obtained by the applicant for a three (3) year term at a cost of ten ($10.00) dollars for the registration of each dog. The applicant shall also pay the sum of three ($3.00) dollars for three (3) years for the registration tag for each dog and a twenty ($0.20) cent Pilot Clinic Fund fee and three ($3.00) dollars for each dog of reproductive age not altered. The same fee shall be charged for the renewal of each license and registration tag.

(1967 Code §§ 6-2.5, 6-2.7; N.J.S.A. 4:19-15.3)

 

5-2.7        Late Fees.

            Any person owning a dog on January 1 who has not obtained a new license by March 31 of the same year shall pay a late fee of three ($3.00) dollars in addition to the fees set forth above. (1967 Code § 6-2.5)

 

5-2.8        Expiration Date.

            Each dog license and registration tag shall expire on the last day of March of the calendar year following the calendar year in which it was issued. (1967 Code § 6-2.6)

 

5-2.9        Seeing Eye Dogs and Service Dogs.

            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. (1967 Code § 6-2.7; N.J.S.A. 4:19-15.3)

 

5-2.10      Disposition of Fees.

            License fees collected and received under the provisions of this section, except the registration tag fees, shall be forwarded to the Treasurer of the Borough within thirty (30) days after collection or receipt, and shall be placed in a special account separate from any of the other accounts of the Borough and 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 anti-rabies 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 section. Any unexpended balance remaining in such special account shall be retained therein 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 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. Other fees shall be forwarded to the State Department of Health pursuant to N.J.S.A. 4:19-15.3b. and N.J.S.A. 4:19-15.3c. (1967 Code § 6-4; N.J.S.A. 4:19-15.3b; N.J.S.A. 4:19-15.3c)

 

 

5-3         POTENTIALLY DANGEROUS DOGS; VICIOUS DOGS.

 

5-3.1        Complaint and Investigation.

       It shall be the duty of the Police Department and Animal Control Officer to receive and investigate complaints against dogs. (1967 Code § 6-6.1)

 

5-3.2        Potentially Dangerous Dogs.

       a.     Definitions. As used in this chapter:

        Potentially dangerous dog shall mean any dog or dog hybrid declared potentially dangerous by a Municipal Court pursuant to the provisions of N.J.S.A. 4:19-23. (N.J.S.A. 4:19-18)

       b.     Findings to Declare Dog Potentially Dangerous.

        1.      The Municipal Court shall declare a dog to be potentially dangerous if it finds by clear and convincing evidence that the dog:

        (a)      caused bodily injury as defined in N.J.S.2C:11-1(a) to a person during an unprovoked attack, and poses a serious threat of bodily injury or death to a person, or

        (b)      severely injured or killed another domestic animal, and

          (1)      poses a threat of serious bodily injury or death to a person; or

          (2)      poses a threat of death to another domestic animal, or

        (c)      has been trained, tormented, badgered, baited or encouraged to engage in unprovoked attacks upon persons or domestic animals.

        2.      A dog shall not be declared potentially dangerous for:

        (a)      causing bodily injury as defined in N.J.S.2C:11-1(a) to a person if the dog was provoked, or

        (b)      severely injuring or killing a domestic animal if the domestic animal was the aggressor.

(N.J.S.A. 4:19-23)

       c.     Order and Schedule for Compliance; Conditions. If the Municipal Court declares the dog to be potentially dangerous, it shall issue an order and a schedule for compliance which, in part:

        1.      shall require the owner to comply with the following conditions:

        (a)      to apply, at his own expense, to the Municipal Clerk or other official designated to license dogs pursuant to N.J.S.A. 4:19-15.2, for a special municipal potentially dangerous dog license, municipal registration number, and red identification tag issued pursuant to N.J.S.A. 4:19-30. The owner shall, at his own expense, have the registration number tattooed upon the dog in a prominent location. A potentially dangerous dog shall be impounded until the owner obtains a municipal potentially dangerous dog license, municipal registration number, and red identification tag;

        (b)      to display, in a conspicuous manner, a sign on his premises warning that a potentially dangerous dog is on the premises. The sign shall be visible and legible from fifty (50) feet of the enclosure required pursuant to paragraph 3. below;

        (c)      to immediately erect and maintain an enclosure for the potentially dangerous dog on the property where the potentially dangerous dog will be kept and maintained, which has sound sides, top and bottom to prevent the potentially dangerous dog from escaping by climbing, jumping or digging and within a fence of at least six (6) feet in height separated by at least three (3) feet from the confined area. The owner of a potentially dangerous dog shall securely lock the enclosure to prevent the entry of the general public and to preclude any release or escape of a potentially dangerous dog by an unknowing child or other person. All potentially dangerous dogs shall be confined in the enclosure or, if taken out of the enclosure, securely muzzled and restrained with a tether approved by the Animal Control Officer and having a minimum tensile strength sufficiently in excess of that required to restrict the potentially dangerous dog's movements to a radius of no more than three (3) feet from the owner and under the direct supervision of the owner;

        2.      may require the owner to maintain liability insurance in an amount determined by the Municipal Court to cover any damage or injury caused by the potentially dangerous dog. The liability insurance, which may be separate from any other homeowner policy, shall contain a provision requiring the municipality in which the owner resides to be named as an additional insured for the sole purpose of being notified by the insurance company of any cancellation, termination or expiration of the liability insurance policy.

(N.J.S.A. 4:19-24)

       d.     Duties of Owner. The owner of a potentially dangerous dog shall:

        1.      comply with the provisions of N.J.S.A. 4:19-17 et seq. in accordance with a schedule established by the Municipal Court, but in no case more than sixty (60) days subsequent to the date of determination;

        2.      notify the licensing authority, local Police Department, and the Animal Control Officer if a potentially dangerous dog is at large, or has attacked a human being or killed a domestic animal;

        3.      notify the licensing authority, local Police Department, and the Animal Control Officer within twenty-four (24) hours of the death, sale or donation of a potentially dangerous dog;

        4.      prior to selling or donating the dog, inform the prospective owner that the dog has been declared potentially dangerous;

        5.      upon the sale or donation of the dog to a person residing in a different municipality, notify the licensing authority, Police Department, and Animal Control Officer of that municipality of the transfer of ownership and the name, address and telephone of the new owner; and

        6.      in addition to any license fee required pursuant to section N.J.S.A. 4:19-15.3, pay a potentially dangerous dog license fee to the municipality as provided by N.J.S.A. 4:19-31.

(N.J.S.A. 4:19-28)

       e.     Violations by Owner; Penalties; Enforcement; Seizure and Impoundment of Dog; Destruction by Order of Court. The owner of a potentially dangerous dog who is found by clear and convincing evidence to have violated this act, or any rule or regulation adopted pursuant thereto, or to have failed to comply with a court's order shall be subject to a fine of not more than one thousand ($1,000.00) dollars per day of the violation, and each day's continuance of the violation shall constitute a separate and distinct violation. The Municipal Court shall have jurisdiction to enforce this section. An Animal Control Officer is authorized to seize and impound any potentially dangerous dog whose owner fails to comply with the provisions of N.J.S.A. 4:19-17 et seq., or any rule or regulation adopted pursuant thereto, or a court's order. The Municipal Court may order that the dog so seized and impounded be destroyed in an expeditious and humane manner.

(N.J.S.A. 4:19-29)

       f.     Registration Number, red identification tag and license. The Municipality shall:

        1.      issue a potentially dangerous dog registration number and red identification tag along with a municipal potentially dangerous dog license upon a demonstration of sufficient evidence by the owner to the Animal Control Officer that he has complied with the Court's orders. The last three digits of each potentially dangerous dog registration number issued by the municipality will be the three number code assigned to the municipality in the regulations promulgated pursuant to N.J.S.A. 4:19-33. The Animal Control Officer shall verify, in writing, compliance to the Municipal Clerk or other official designated to license dogs in the municipality;

        2.      publicize a telephone number for reporting violations of this section and N.J.S.A. 4:19-17 et seq.

(N.J.S.A. 4:19-30)

       g.     License Required; Fee. The owner or keeper of any dog declared to be potentially dangerous shall obtain a license from the municipality and an annual fee of one hundred fifty ($150.00) dollars. The license shall be issued according to the provisions of N.J.S.A. 4:19-30. (N.J.S.A. 4:19-24)

 

5-3.3        Vicious Dogs.

       a.     Definitions. As used in this chapter:

        Vicious dog shall mean any dog or dog hybrid declared vicious by a Municipal Court pursuant to N.J.S.A. 4:19-22. (N.J.S.A. 4:19-18)

       b.     Findings to Declare Dog Vicious; Grounds.

        1.      The Municipal Court shall declare the dog vicious if it finds by clear and convincing evidence that the dog:

        (a)      killed a person or caused serious bodily injury as defined in N.J.S.A. 2C:11-1(b) to a person; or

        (b)      has engaged in dog fighting activities as described in N.J.S.A. 4:22-24 and N.J.S.A. 4:22-26.

        2.      A dog shall not be declared vicious for inflicting death or serious bodily injury as defined in N.J.S. 2C:11-1(b) upon a person if the dog was provoked. The municipality shall bear the burden of proof to demonstrate that the dog was not provoked.

        3.      If the Municipal Court declares a dog to be vicious, and no appeal is made of this ruling pursuant to section N.J.S.A. 4:19-25, the dog shall be destroyed in a humane and expeditious manner, except that no dog may be destroyed during the pendency of an appeal.

(N.J.S.A. 4:19-22.)

 

 

5-4         IMPOUNDING AND DESTRUCTION OF CERTAIN DOGS.

 

5-4.1        Causes for Impoundment.

       The Animal Control Officer or any other person authorized by the Borough 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 the owner of or the person keeping or harboring, such dog which the Animal Control Officer or his/her agent has reason to believe is a stray dog.

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

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

       e.     Any dog or other animal which is suspected to be rabid.

       f.     Any dog or other animal off the premises of the owner reported to, or observed by, a certified Animal Control Officer to be ill, injured or creating a threat to public health, safety or welfare, or otherwise interfering with the enjoyment of property.

       g.     Any dog which has been determined to be a vicious dog, as provided in Section 5-3, provided that such dogs may also be seized by any public Officer, and provided further that if such dogs cannot be seized with safety they may be killed.

(1967 Code § 6-7.1; N.J.S.A. 4:19-15.16)

 

5-4.2        Access to Premises.

       An officer or agent authorized or empowered to perform any duty under this chapter is hereby authorized to go upon any premises to seize for impounding any dog which (s)he may lawfully seize and impound when such Officer is in immediate pursuit of such dog, except upon the premises of the owner of the dog if the owner is present and forbids same. (1967 Code § 6-7.2)

 

5-4.3        Notice of Seizure or Impoundment.

       a.     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, any person authorized by the Governing Body shall forthwith serve on the person whose address is given on the collar, or on the owner of 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 (7) days after the service of the notice.

       b.     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 address to that person at his usual or last known place of abode, or to the address given on the collar.

(1967 Code § 6-7.3; N.J.S.A. 4:19-15.16)

 

5-4.4        Disposition of Unclaimed Dogs.

       The Animal Control Officer or other authorized person is authorized and empowered to cause the destruction of any unclaimed dog, in as humane a manner as possible and consistent with the provisions of N.J.S.A. 4:22-19 or to be offered for adoption seven (7) days after seizure, under any of the following contingencies:

       a.     When any dog so seized has not been claimed by the person owning, keeping or harboring such dog 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, as set forth in the previous subsection.

       b.     If the person owning, keeping or harboring any dog so seized has not claimed the dog and has not paid all expenses incurred by reason of its detention, including maintenance, not to exceed three dollars and fifty ($3.50) cents for the first day, and one ($1.00) dollar per day for each additional day.

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

(1967 Code § 6-7.4; N.J.S.A. 4:19-15.16)

 

 

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

 

5-5.1        License Required.

       Any person who keeps, 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 each establishment. Any person holding such license shall not be required to secure individual licenses for dogs owned by such licensee and kept at such establishments. Such licenses shall not be transferable to another owner or different premises. (1967 Code § 6-3.1)

 

5-5.2        Application Information.

       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 each establishment at any one time.

(1967 Code § 6-3.2)

 

5-5.3        Approval of Health Officer.

       No license shall be issued until the proposed licensee submits a written statement from the Health Officer of the Board of Health that the establishment or proposed establishment complies with the local and state rules governing the location of and sanitation at such establishment. (1967 Code § 6-3.3)

 

5-5.4        License Term.

       All licenses issued for a kennel, pet shop, shelter or pound shall state the purpose for which the establishment is maintained, and all such licenses shall expire on the last day of June of each year. (1967 Code § 6-3.4; N.J.S.A. 4:19-15.8)

 

5-5.5        License Fees.

       The annual license fees for kennel and pet shop licenses shall be as follows:

Type of License

Fee

Kennel accommodating 10 or fewer dogs

$   10.00

Kennel accommodating more than 10 dogs

     25.00

Pet shop

     10.00

Shelter or pound, nonprofit

   No fee

Shelter or pound, operated for profit

   100.00

       (1967 Code § 6-3.5; N.J.S.A. 4:19-15.9)

 

5-5.6        Compliance with State Regulations.

       All licenses 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 the rules and regulations of the State Department or the Borough Board of Health, after the owner has been afforded a hearing by either the State Department of Health or the Borough Board of Health.

       Any 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 kennels, pet shops, shelters and pounds, the preservation of sanitation therein and the prevention of the spread of rabies and other diseases of dogs within and from such establishments.

(1967 Code § 6-3.6)

 

5-5.7        Report to State Health Department.

       The Borough Clerk shall forward to the State Department of Health a list of all kennels, pet shops, shelters and pounds licensed within thirty (30) days after the license are issued, which list include the name and address of the licensee and the kind of license issued. (1967 Code § 6-3.7)

 

5-5.8        Control of Dogs Off Premises.

       No dogs kept in a kennel, pet shop, shelter or pound shall be permitted off such premises, except on leash or in a crate or other safe control. (1967 Code § 6-3.8)

 

 5-5.9       Sale of Dogs and Cats From Pet Shops Restricted.

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. 6-2016)

 

 

5-6         RESERVED.

 

 

5-7         CONTROL OF DOGS.

       No person shall own, keep or harbor a dog in the Borough of Pitman, except in compliance with the provisions of this chapter and the regulations contained in this section. (1967 Code § 6-8)

 

5-7.1        Wearing of Registration Tag.

       All dogs for which licenses are required by the provisions of this chapter to be licensed shall wear a collar or harness with the registration tag for such dog securely fastened thereto. (1967 Code § 6-8.1)

 

5-7.2        Use of Registration Tags.

       No person, except an officer in the performance of his/her duties, shall remove a registration tag from the collar of any dog without the consent of the owner, nor shall any person attach a registration tag to a dog for which it was not issued. (1967 Code § 6-8.2)

 

5-7.3        Interference with Official Duties.

       No person shall hinder, molest or interfere with anyone authorized or empowered to perform any duty under this chapter. (1967 Code § 6-8.3)

 

5-7.4        Disturbing the Peace.

       No person shall own, keep, harbor or maintain any dog which habitually barks or cries so as to disturb others. (1967 Code § 6-8.4)

 

5-7.5        Running at Large.

       No person owning, keeping or harboring any dog shall suffer or permit it to run at large upon the public streets or in any public park, or upon private property other than that of the owner, or any other public place within the Borough. (1967 Code § 6-8.5)

 

5-7.6        Leashing of Dogs 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, unless such dog is accompanied by a person over the age of twelve (12) years and is securely confined and controlled by an adequate leash not more than six (6) feet long. (1967 Code § 6-8.6)

 

5-7.7        Property Damage.

       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. (1967 Code § 6-8.7)

 

5-7.8        Nuisance by Dogs.

       See Section 5-20, Disposal of Pet Waste, for regulations pertaining to pet waste. (New)

 

 

5-8         COMPLAINTS AGAINST DOGS.

 

       For violation of any of the regulations pertaining to dogs, complaints may be filed by either citizens or Police for the violation of any of the regulations on either public or private property. (1967 Code § 6-9)

 

 

5-9         APPOINTMENT OF OFFICERS.

       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 Borough Council shall also have the power to appoint one (1) or more persons, who may impound unlicensed dogs running at large in violation of the provisions of this chapter. (1967 Code § 6-9)

 

 

5-10       DOG CANVASS.

       The Governing Body shall annually cause a canvass to be made of all dogs owned, kept or harbored within the limits of the Borough and shall report to the Municipal Clerk, the Board of Health and to 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. (1967 Code § 6-5)

 

 

5-11—5-13      RESERVED.

 

 

Article II  Cats

 

5-14       LICENSING OF CATS.

 

5-14.1      Definitions.

       As used in this chapter:

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

       Owners shall mean the person or persons owning, controlling, keeping or harboring a cat.

       Stray Cat shall mean a cat having no known owner, custodian or identification.

(1967 Code § 6-10.2)

 

5-14.2      License Required.

       No person shall own, harbor or maintain a cat more than six (6) months of age in the Borough unless such owner shall have obtained a valid license for such cat. (1967 Code § 6-10.3)

 

5-14.3      Expiration of License; Late Fee.

       A cat license issued hereunder shall expire on the last day of March of the calendar year following the calendar year in which it was issued. Any person owning a cat on January 1 who has not obtained a new license by March 31 of the same shall pay a late fee of three ($3.00) dollars in addition to the fees set forth below. (1967 Code § 6-10.4)

 

5-14.4      Fees.

       The annual license fee for each cat over six (6) months of age shall be as follows:

       a.     For each cat which has been spayed or neutered: five ($5.00) dollars, except where the owner is sixty-five (65) years of age or older: two ($2.00) dollars. The owner must submit proof of spaying or neutering at the time of applying for the license in order to qualify for the license fee herein provided. All moneys collected shall be deposited in the Borough current accounts and shall become the general property of the Borough.

       b.     For each cat which has not been spayed or neutered: eight ($8.00) dollars, except where the owner is sixty-five (65) years of age or older: four ($4.00) dollars.

(1967 Code § 6-10.5)

 

5-14.5      Records.

       The Borough Clerk shall keep a record book showing the names of the owners of cats, the description of each cat so owned, date or issuance of license and amount of the fee paid. (1967 Code § 6-10.6)

 

5-14.6      Failure to Obtain License.

       No cat more than six (6) months of age shall be permitted to remain within the limits of the Borough unless licensed and registered. Any owner or keeper failing to have a cat or cats registered in accordance with the terms of this section or otherwise failing to comply with these provisions shall be subject to the fine or penalty set forth in this chapter. (1967 Code § 6-10.7)

 

5-14.7      Rabies Vaccination Required; Proof; Exception.

       a.     Required. All cats over the age of six (6) months must receive a rabies vaccination. The owner must retain appropriate documentation from the vaccinating veterinarian or rabies clinic indicating that the cat in question has received such vaccination. Such documentation must be made available to any agent or employee of the Borough charged with the responsibility of controlling or regulating animals, upon request by such agent or employee.

       b.     Impoundment. Any cat which has not been vaccinated, or is not exempt from vaccination pursuant to the terms of this section, is subject to confiscation by agents and employees of the Borough. Any cat confiscated shall be impounded and can only be reclaimed by the owner after the owner renders payment of all fees attendant upon the confiscation and impoundment of such animal, together with payment for the vaccination required by this section.

       c.     Vaccination Standards. The vaccination required by this section shall be performed by a duly licensed veterinarian of the State of New Jersey, or by such other persons as may be permitted to vaccinate animals pursuant to the laws of the State of New Jersey. The vaccination used must be of the type approved by the U.S. government agency responsible for licensing manufacturers of veterinary biologicals. Each cat shall be vaccinated against rabies annually unless the veterinarian's certificate required by this section indicates a longer period of effectiveness for the vaccination.

       d.     Exemption. The following are exempt from the rabies vaccination requirement:

        1.      A cat which has not attained the age of six (6) months.

        2.      Any cat for which presentation is made to the Borough Clerk of a veterinarian's certificate stating that because of an infirmity or other physical condition or regimen of therapy such vaccination of such cat would be deemed inadvisable.

        3.      Cats in veterinary hospitals, kennels, pet shops, pounds or shelters, cats in transit or cats brought into the Borough temporarily for the sole purpose of showing in cat shows or exhibitions.

       e.     Prerequisite for License. No license shall be issued for any cat for which satisfactory proof of vaccination as herein required is not presented. The Borough Clerk shall retain a copy of such proof of vaccination in the Borough files along with the record book and information contained therein as above provided.

(1967 Code § 6-10.8)

 

 

5-15       CAT BITES; RABIES CONTROL.

       a.     Reporting. Any person having knowledge that any cat in the Borough has bitten a person shall report, within twenty-four (24) hours, so far as is known, the name and address of the owner of such cat and the circumstances of the bite. Such report concerning bites shall be made to the Borough Police Department.

       b.     Control. Whenever any cat has bitten a person, it shall be confined in such place as the appropriate Borough official may direct and for such period of observation as may be necessary, unless such cat is too vicious and dangerous to be impounded safety, in which case it may be destroyed in a humane manner, causing as little pain as possible. In such case, the head of the cat shall be shipped to the appropriate State or County laboratory for rabies examination.

(1967 Code § 6-10.9)

 

 

5-16       IMPOUNDMENT.

 

5-16.1      Impoundment.

       The Chief of Police or any other Police Officer or individual designated for that purpose by the Chief of Police, the Society for the Prevention of Cruelty to Animals, or any similar organization designated by the Chief of Police, shall take into custody and impound, or cause to take into custody or impounded, and thereafter destroyed or disposed of as provided for in this subsection:

       a.     Any cat off the premises of the owner or of the person keeping or harboring the cat, which official or his/her agent have reason to belief is a stray cat.

       b.     Any female cat in season off the premises of the owner.

       c.     Any cat which, upon complaint by one or more residents, shall be bothering, disturbing or causing a nuisance to such resident.

(1967 Code § 6-10.10a)

 

5-16.2      Notice of Seizure.

       a.     If any cat so seized wears a collar or harness having inscribed thereon or attached thereto the name and address of any person or a registration tag of the owner, or if the owner of such cat is known, the Chief of Police shall forthwith serve upon the person whose address is given on the collar or on the owner, if known, a notice in writing stating that the cat has been seized and will be liable to be destroyed if not claimed within seven (7) days after service of the  notice.

       b.     A notice under this subsection may be served either by delivering to the person on whom it is to be served by leaving it at the person's usual 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/her usual place of abode or to the address given on the collar.

(1967 Code § 6-10.10b)

 

5-16.3      Declaration of Unclaimed Cats.

       When any cat so seized has been detained for seven (7) days after notice, when notice can be given as set forth above, or has been detained for seven (7) days after seizure when notice has not been and cannot be given as set forth above, and if the owner of such cat has not claimed the cat and paid all expenses incurred by reason of such seizure and detention, including maintenance at the prevailing rate charged per day, or if the cat is unlicensed at the time of the seizure and the owner has not claimed nor produced a license and registration tag for the cat, and paid for its seizure; detention and maintenance as set forth above, the Chief of Police or the Society for the Prevention of Cruelty to Animals, or any similar organization or person designated by the Chief of Police for that person, may cause the cat to be destroyed in a humane manner, causing as little pain as possible. (1967 Code § 6-10.10c)

 

 

5-17       CONTROL OF CATS.

 

5-17.1      Affixing License Tag.

       The official metal tag obtained for each such cat is owned, kept or harbored, shall be placed upon each cat collar or harness with the license tag securely fastened there so that the cat will receive the protection provided by this section. (1967 Code § 6-10.11)

 

5-17.2      Abandoning Cats Prohibited.

       No person shall abandon any cat, no matter what its age may be, within the Borough. (1967 Code § 6-10.12)

 

5-17.3      Nuisance or Damage by Cats.

       No person who owns any cat shall permit or suffer such cat to do any damage to any person or domestic animal, or permit or suffer it to do any damage to, or to soil or defile, any lawn, shrubbery, garden flowers, grounds or property of any person other than the owner. (1967 Code § 6-10.13)

 

5-17.4      Enforcing Officer.

       The Chief of Police and members of the Borough Police Department designated for that purpose, the Society for Prevention of Cruelty to Animals, or any similar organization designated by the Chief of Police, and any humane officer so designated shall have police powers in the enforcement of this Article, and no person shall interfere with, hinder, molest or abuse any such officer in the exercise of such powers. (1967 Code § 6-10.14)

 

5-17.5      Violations and Penalties.

       Any person who violates any provision of this Article, upon conviction thereof, shall forfeit and pay a fine of not more than fifty ($50.00) dollars for each and every offense except that for the first offense, a failure to secure a license, the penalty shall not be less than twenty-five ($25.00) dollars and not more than fifty ($50.00) dollars. In addition, the Court, upon subsequent violations of this section, may impose the fines herein set forth, or imprisonment for a period not exceeding thirty (30) days, or both, in the discretion of the Court.

       Each and every day in which a violation of any provisions of this section exists shall constitute a separate violation.

(1967 Code § 6-10.15)

 

 

5-18—5-19      RESERVED.

 

 

Article III  Regulations Applicable to All Animals

 

5-20       DISPOSAL OF PET WASTE.

 

5-20.1      Purpose.

       The Borough 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. (Ord. No. 08-7 § 6-12.1)

 

5-20.2      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 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 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. 08-7 § 6-12.2)

 

5-20.3      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. (Ord. No. 08-7 § 6-12.3)

 

5-20.4      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 disposed by any such pet by any sanitary method approved by the local health authority. (Ord. No. 08-7 § 6-12.4)

 

5-20.5      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. (Ord. No. 08-7 § 6-12.5)

 

5-20.6      Exemptions.

       Any owner or keeper who requires the use of a disability assistance animal shall be exempted from any provisions of this section while such animal is being used for that purpose. (Ord. No. 08-7 § 6-12.6)

 

5-20.7      Enforcement.

       The provisions of this section shall be enforced by the Police Department and the Board of Health. (Ord. No. 08-7 § 6-12.7)

 

5-20.8      Violations and Penalties.

       a.     Any person violating any provision of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter I, Section 1-5, with a minimum penalty of twenty-five ($25.00) dollars.

       b.     Any person who is convicted of violating the provisions of this section within one (1) 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. 08-7 § 6-12.8; New)

 

 

5-21       WILDLIFE FEEDING.

 

5-21.1      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 Pitman, so as to protect public health, safety and welfare, and to prescribe penalties for failure to comply. (Ord. No. 08-8 § 4-12A-1)

 

5-21.2      Definitions.

       As used in this section:

       Feed shall mean to give, place, expose, deposit, distribute or scatter any edible materials 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 or this State subject to municipal jurisdiction.

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

       (Ord. No. 08-8 § 4-12A-2)

 

5-21.3      Prohibited Conduct.

       No person shall feed, in any public park or on any other property owned or operated by the Borough of Pitman, any wildlife, excluding confined wildlife (for example, wildlife confined in zoos, parks or rehabilitation centers, or unconfined wildlife at environmental education centers). (Ord. No. 08-8 § 4-12A-3)

 

5-21.4      Enforcement.

       a.     This section shall be enforced by the Police Department, Animal Control Officer, or any agency employed by the Borough to enforce the appropriate provisions of this section.

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

(Ord. No. 08-8 § 4-12A-4)

 

5-21.5      Violations and Penalties.

       a.     Any person violating any provision of this section shall, upon conviction thereof, be liable to the penalties stated in Chapter I, Section 1-5, with a minimum penalty of twenty-five ($25.00) dollars.

       b.     Any person who is convicted of violating the provisions of this section within one (1) 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 like fine or penalty.

(Ord. No. 08-8 § 4-12A-5; New)

 

 

5-22—5-23      RESERVED.

 

 

5-24       KEEPING OF ANIMALS AND FOWL.

 

5-24.1      Definitions.

       As used in this section:

       Animals shall mean any horse, cattle, ponies, sheep, pigs, deer, and/or any domesticated farm animals and/or undomesticated animals, excluding cats and dogs.

       Fowl shall mean any feathered vertebrate animal, including but not limited to, chickens, hens, ducks, turkeys, cocks, pheasants and/or barnyard-type birds raised for meat or otherwise.

       (1967 Code § 4-12.1)

 

5-24.2      Size of Property Required; Maximum Number per Acre.

            Restrictions. Animals and fowl may be maintained on no less than one (1) acre of ground, and not less than one hundred (100) feet of any property line.  There shall be a maximum of one (1) animal and three (3) fowl per acre and an additional minimum of one (1) acre for each additional animal or fowl so maintained. (1967 Code § 4-12.2; Ord. No. 13-2015 § 1)

 

5-24.3      Keeping of Manure and Garbage; Sanitary Conditions Required; Health of Animals and Fowl.

            In the keeping, harboring, boarding or maintaining of animals or fowl, the following rules and regulations regarding the same shall be followed at all times:

            a.         All stables, buildings or accessory buildings must be cleaned of all manure, garbage and any and all other filth.

            b.         All manure, garbage or other materials must be placed in and kept in closed areas one hundred (100) feet from any property line and shall be constructed in order that flies, insects and rodents shall not have access to the contents thereof.  Any manure, garbage and other materials from such animals or fowl to be removed and spread upon the premises, shall be treated with lime and/or such other chemicals as shall be necessary to prevent odor and the attraction of flies and rodents, and shall be maintained in an orderly and clean fashion at all times.

            c.         All buildings, stables and accessory buildings for the keeping, maintaining or housing of animals or fowl shall be fogged or sprayed at such times as shall be required for the elimination of flies, insects and rodents.

            d.         Animals and fowl must be kept healthy and free from sickness and disease at all times.  When there shall be any horse or cow maintained on the premises, such animals shall be inspected by a veterinarian, and there shall be on hand at all times a current report from such doctor as to the health of the animal.  Such examination and report shall be at the expense of the owner.  The report shall be made at least once per year and more often, when necessary.

(1967 Code § 4-12.3; Ord. No. 13-2015 § 2)

 

5-24.4      Keeping of Fowl.

       Any person owning or having control of fowl shall keep the same confined in a proper enclosure and shall prevent such fowl from running at large. (1967 Code § 4-12.4)

 

5-24.5      Interpretation.

       This section shall not be interpreted to permit the enlarging of the number of animals or fowl or enlarging of any building or accessory buildings now used for the keeping or housing of animals or fowl within the Borough. (1967 Code § 4-12.5)

 

 

5-25—5-29      RESERVED.

 

 

5-30       VIOLATIONS AND PENALTIES.

       Any person who violates any provision of this chapter for which no other penalty is established by ordinance or statute shall, upon conviction, be liable to the penalty stated in Chapter I, Section 1-5. (1967 Code § 6-11; New)

 

CHAPTER V ANIMAL CONTROL
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