CHAPTER VIII  ANIMAL CONTROL*

 

 

8-1         DEFINITIONS.

      

As used in this chapter:

       Animal Control Authority or Animal Control Officer shall mean any person or agency designated or certified by the State of New Jersey to enforce the provisions of this chapter.

       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, not part of a kennel, wherein cats for sale are kept or displayed.

       Dog shall mean all dogs, male and female.

       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.

       Licensing Authority or Licensing Official shall mean the agency or department of the Borough of Roselle Park or any designated representative thereof charged with administering the issuance and/or revocation of permits and licenses under the provisions of this chapter.

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

       Owner when applied to the proprietorship of a cat or dog, shall mean and include every person having a right of property or custody in such cat or dog and every person who has such cat or dog in his/her keeping or who harbors or maintains a cat or dog or knowingly permits a cat or dog 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.

       (1980 Code §§ 88-1)

 

*Editor's Note: For regulations concerning Vicious Dogs, see Board of Health Code.

 

8-2    LICENSING OF DOGS.

 

8-2.1        License Required; Compliance with Chapter.*

*Editor's Note: For exemption from fee (but not license) requirements, see subsection 8-2.3c.

        a.    No person shall keep or harbor any dog within the Borough without first obtaining a license therefor, to be issued by the Licensing Official upon application by the owner and payment of the prescribed fee. No person shall keep or harbor any dog except in compliance with the provisions of this chapter. (New)

        b.    Unless anther penalty is expressly provided by statute, any person convicted of a violation of paragraph a. above shall be liable to the penalty of forty-eight ($48.00) dollars or imprisoned for a term not to exceed fifteen (15) days.

(Ord. No. 2335)

 

8-2.2        Time for Applying for License and Registration Tag.

a.         Every person who owns, harbors, keeps or possesses one (1) or more dogs within the Borough, which dog or dogs attained the age of seven (7) months or which possesses a set of permanent teeth, shall procure from the Borough Clerk a license and official metal registration tag for each dog so owned, kept or harbored and shall pay therefore the sum of fifteen dollars and eighty ($15.80) cents effective January 1, 2018 for each license and also the sum of one ($1.00) dollar for each registration tag to be paid and collected as hereinafter provided. In addition, the Borough Clerk shall collect twenty ($0.20) cents for each dog licensed to be remitted to the New Jersey Department of Health for the Pilot Clinic Fund as required by P.L. 1983 c. 181, and three ($3.00) dollars for any dog of reproductive age which has not had its reproductive capacity permanently altered through sterilization as required by P.L. 1983 c. 1972.

b.        Newly-Acquired Dogs and Dogs Attaining Licensing Age. The owner of any newly-acquired dog of licensing age or of any dog which attains licensing age shall make application for license and registration tag for such dog within ten (10) days after such acquisition or age attainment.

c.         Every person who shall harbor or possess any dog for a period of ten (10) days or more shall, for the purposes of this subsection, be deemed to be the owner of the dog so harbored or possessed.

d.        Any dog owner, as defined above, shall submit proof to the Licensing Official either by means of a certificate from a licensed veterinarian and/or by affidavit that their dog has been spayed or neutered as a condition to their nonpayment of the licensing fee set forth in subsection 8-2.3 with reference to the Animal Population Control Fund.

(1980 Code § 100-1; Ord. No. 2206 § 1; Ord. No. 2506-2017)

 

8-2.3        Fees; Expiration Dates; "Seeing Eye" and "Hearing Ear" Dogs.

a.         License Fees and Expiration Date.

1.            The person applying for an annual license and registration tag shall pay a fee of fifteen dollars and eighty ($15.80) cents effective January 1, 2018 for the license for each dog, three ($3.00) dollars for any dog not spayed or altered, the sum of one ($1.00) dollar for the registration tag, and twenty ($0.20) cents for each dog to be remitted to the New Jersey Department of Health for the Pilot Clinic Fund as required by N.J.S.A. 4:19-15.1 et seq.

2.            The person applying for a license and registration tag for any dog who has been spayed or neutered shall present a certificate signed by a licensed veterinarian stating that the dog has been spayed or neutered and shall be entitled to such license at a fee of fifteen dollars and eighty ($15.80) cents effective January 1, 2018, a registration fee of one ($1.00) dollar and payment of twenty ($0.20) cents for the New Jersey Department of Health Pilot Clinic Fee.

b.        Late Fee. There shall be a late fee charged for all dog license renewals not made by January 31 of the license year. The fee shall be two ($2.00) dollars per month, chargeable on the first day of each month beginning on February 1 of the license year, to a maximum late fee of ten ($10.00) dollars per license year. Thereafter, in addition to the fee and late registration fee, an applicant shall be subject to summons and fine unless fees shall be paid voluntarily prior to the issuance of summons.

c.         Seeing Eye and Hearing Ear Dogs. Dogs used as guides for blind or hard of hearing persons and commonly known as "Seeing Eye" and "Hearing Ear" dogs shall be licensed and registered as other dogs as hereinabove provided for, except that the owner or keeper of such dogs shall not be required to pay any fee.

(1980 Code § 100-1; New; Ord. No. 2206 § 1; Ord. No. 2506-2017)

 

 

8-2.4    Licensing Procedure.

       The owner of every dog shall pay the license fee to the Licensing Official on or before the last day of January of each year, and the Licensing Official, upon the payment of the license fee, shall issue a license for the keeping of a dog, which license shall contain the name and address of the owner of the dog, a short description of the dog, indicating name, breed and sex, and of the number of such license. The license shall bear the signature of the Licensing Official. Each license shall expire annually on the last day of January. The Licensing Official shall also issue, together with the license, a numbered tag, which tag shall be securely fastened or affixed by the owner of the dog to a strap or collar to be worn around the neck of the dog so licensed. Duplicate tags shall be issued only upon proof, in writing, satisfactory to the Licensing Official of the loss of the original tag, and the payment to the Licensing Official of the sum of fifty ($.50) cents. (1980 Code § 100-2)

 

8-2.5    Contents of Application; Information to State Department of Health.

        a.    The application shall state: the breed, sex, age, color and markings of the dog for which license and registration are sought; whether it is a long- or short-haired variety; and the name, street and post office address of the owner and the person who shall keep or harbor such dog.

        b.    The information on the application and the registration number issued for the dog shall be preserved for a period of three (3) licensing years by the Official. Registration numbers shall be issued in the order of the applications.

        c.    The Licensing Official shall forward to the State Department of Health each month, on forms furnished by the Department, an accurate account of registration numbers issued or otherwise disposed of.

(1980 Code § 100-1; New)

 

8-2.6    Failure to Procure License; Dogs Brought into Borough.

       Every owner of a dog within the Borough who neglects or refuses to cause such dog to be licensed in the manner provided on or before the time prescribed, shall be deemed guilty of a violation; provided, however, that any owner of a dog bringing a dog into the Borough who shall have the dog licensed within fifteen (15) days shall be deemed to have complied with this section. (1980 Code § 100-3)

 

8-2.7    Disposition of Fees.

        a.    License fees and other monies collected or received under the provisions of this section, except the N.J. registration fee of one ($1.00) dollar, the N.J. Clinic Fund fee of twenty ($.20) cents and the N.J. Non-Spayed/Neutered Fee of three ($3.00) dollars, shall be forwarded to the Chief Financial Officer 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. Such monies shall be used for the following purposes only: for collecting, keeping and disposing of dogs liable to seizure under this chapter; for local prevention and control of rabies; for providing anti-rabic treatment under the direction of the Borough Board of Health for any person known or suspected to have been exposed to rabies; for 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 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 subsection. 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.

        b.    Pursuant to N.J.S.A. 4:19-15, fees collected for New Jersey Registration, Clinic Fund and Non-Spayed/Neutered funds shall be forwarded monthly to the State Department of Health within thirty (30) days after collection or receipt (for the previous month's fees collected).

       The amounts received by the Licensing Official shall be reported in writing to the Finance Committee on the first Monday of each month, which report shall be presented to the Borough Council at its next regular meeting. (1980 Code § 100-5; New)

 

 

8-3    CONTROL OF DOGS.

 

8-3.1    Running at Large Prohibited.

        a.    Any owner, as defined in Section 8-1, who shall suffer any dog, whether licensed or not, to run at large unless such dog is controlled by an adequate leash not more than eight (8) feet long, or shall cause or permit any unlicensed dog to wear such tag, or who permits or suffers the dog to habitually bark at any time, shall be deemed guilty of a violation of this section.

        b.    Any person who violates or refuses to comply with any part of subsection 8-3.1 shall be subject to a fine not exceeding fifty ($50.00) dollars or to imprisonment for a period not exceeding thirty (30) days, or to both in the discretion of the court.

(1980 Code §§ 100-4, 100-8)

 

8-3.2    Clean-Up After Dogs.

        a.    No person owning, harboring, keeping or in charge of any dog shall cause, suffer or allow such dog 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 any private property without the permission of the owner of the property. This restriction shall not apply to that portion of the public street lying between the curblines, which portion of the street may be used to curb dogs, provided that the person who curbs such dog shall remove all feces deposited by the animal in a sanitary container or other means approved by the Board of Health and that the feces removed shall be disposed of by the person owning, possessing or controlling the dog in a sanitary manner approved by the Board of Health.

        b.    Removal of Feces. In the event that any dog shall, through inadvertence or otherwise, soil, defile, defecate or commit any nuisance, the person owning, harboring, keeping or in charge of such dog shall immediately remove all feces deposited by such dog by any sanitary method approved by the Board of Health.

        c.    Additional Measures. The Borough may undertake any additional measures it may deem necessary to effectuate the purposes of this section, including the posting of permanent metal signs to apprise the public of the prohibitions set forth herein.

        d.    Enforcement. The provisions of this section shall be enforced upon written complaint by the complaining witness filed in the Municipal Court and/or by the Roselle Park Police Department.

        e.    Violations and Penalties. Any violation of this subsection shall constitute a violation punishable by a fine or a civil penalty of not less than twenty-five ($25.00) dollars and not more than one hundred ($100.00) dollars, and each violation of any of the provisions of this section and each day the same is violated shall be deemed and taken to be a separate and distinct offense.

(1980 Code §§ 100-9–100-13)

 

 

8-4    CANVASS OF DOGS.

       The Board of Health of the Borough of Roselle Park shall, during the months of January and July of each year, cause a canvass to be made of all dogs owned or harbored within the Borough and shall report the result, including the names of all persons owning or harboring unlicensed animals to the Borough Clerk. The Police Department shall furnish all necessary Police protection to enable the enforcement official to carry out the provisions of this section. (1980 Code § 100-7)

 

 

8-5    VIOLATIONS AND PENALTIES.

        a.    Any person who violates or refuses to comply with any part of any of the provisions of subsections 8-2.3, 8-2.4 or 8-2.6 or with the rules and regulations promulgated by the State Department of Health governing the sanitary conduct and operation of kennels, pet shops, shelters and pounds, to preserve sanitation therein and prevent the spread of rabies and other diseases of dogs within and from such establishments, shall be liable to a penalty of not less than five ($5.00) dollars nor more than fifty ($50.00) dollars for each offense, to be recovered by and in the name of the Borough. A person who refuses or neglects to pay forthwith the amount of a judgment rendered against him and the costs and charges incident thereto shall be committed by the court to the County jail for a period not exceeding ten (10) days in the case of the first conviction and, in the case of a conviction for a second, subsequent or continuing violation, for a period not exceeding thirty (30) days.

(1980 Code § 100-8)

 

 

8-6         VICIOUS DOGS.*

 

*Editor's Note: See the Revised General Ordinances of the Board of Health for regulations on this topic.

 

 

8-7         ANIMALS PROHIBITED IN MUNICIPAL BUILDINGS.

 

8-7.1        Prohibition.

       No person owning, keeping or harboring any dog or cat or other animal shall permit it to enter any municipal building in the Borough of Roselle Park. (Ord. No. 2290)

 

8-7.2        Exemptions.

       Excluded from the above section are working animals, animals requested by law enforcement, seeing eye and hearing ear dogs used as guides for blind or hard of hearing persons and commonly known as "Seeing Eye" and "Hearing Ear" in addition to certified service, working assistance or therapeutic animals, and any Borough of Roselle Park sponsored event approved by resolution of the Governing Body. (Ord. No. 2290)

 

 

8-8—8-9        RESERVED.

 

 

8-10  LICENSING OF CATS.

 

8-10.1      Licensing Requirements.

a.         Cats to have License Number Displayed; License Required; Penalty.

1.         Any person who shall own, keep or harbor a cat of licensing age shall annually apply for and procure from the Licensing Official a license and official registration tag with license number, or a registration sleeve for each cat so owned, kept or harbored and shall place upon such cat a collar or other device with the license number securely fastened or displayed thereto. Acceptable methods of displaying the license number shall include but are not limited to breakaway or elastic collars. License tags or sleeves are not transferable.

2.         Unless another penalty is expressly provided by statute, any person convicted of a violation of paragraph a. shall be liable to a penalty of forty-eight ($48.00) dollars or imprisoned for a term not to exceed fifteen (15) days.

(Ord. No. 2335)

b.        Time for Applying for License.

1.         The owner of any newly acquired cat of licensing age or of any cat which attains licensing age shall make application for a license tag or sleeve for such cat within ten (10) days after such acquisition or age attainment. This requirement will not apply to a nonresident keeping a cat within the Borough for no longer than ninety (90) days.

2.         The owner of every cat of licensing age shall apply for license renewal and pay the annual license fee as outlined in paragraph g. of this section on or before the last day of January of each year. Renewal applications submitted February 1st and thereafter shall be subject to a late fee.

c.         Cats Brought into Jurisdiction.

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

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

d.        Application Contents; Preservation of Information. The application shall state the breed, sex, age, color and markings of the cat for which license and registration are sought and whether it is of a long- or shorthaired variety, also the name, street and post office address of the owner and the person who shall keep or harbor such cat. The information on the application and the registration number issued for the cat shall be preserved for a period of three (3) years by the Licensing Official.

e.         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 issuance and the name of the Borough of Roselle Park.

f.          Evidence of Inoculation with Rabies Vaccine or Certification of Exemption; Requirement for License. No Licensing Official shall grant any such license and official registration tag or sleeve for any cat unless the owner thereof provides evidence that the cat to be licensed and registered has been inoculated with 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 in subsection 8-10.2. The rabies inoculation shall be administered by a duly licensed veterinarian or by such other veterinarian permitted by law to do the same.

g.        Annual License, License Fees, Late Fees, and Tag; Placement of Tags on Cat.

1.         Any person who shall own, keep, harbor or maintain a cat of licensing age in the Borough shall annually in the month of January, apply for and procure a registration tag for each cat so owned, kept, harbored or maintained and shall place upon each such cat a collar or harness with the registration tag securely fastened thereon.

2.         Only one (1) license and registration tag or sleeve shall be required in the licensing year for any cat in the Borough. Any valid New Jersey license tag or sleeve issued by a New Jersey municipality shall be accepted by the Borough as evidence of compliance.

3.         Effective January 1, 2018 the license fee for unneutered cats will be fifteen ($15.00) dollars and neutered cats will be ten ($10.00) dollars. Persons who fail to obtain a license as required within the time period specified herein shall be subject to a delinquent fee of two ($2.00) dollars per month, with a maximum of ten ($10.00) dollars per year.

h.        Loss of License. If a license tag or sleeve has been misplaced or lost, the Licensing Official may issue a duplicate license and/or registration sleeve for that particular cat for a fee of fifty ($.50) cents.

i.          Proof of Licensing. Proof of licensing shall be produced by any person owning, keeping, maintaining or harboring a cat, upon the request of any Health Official, Police Officer, Animal Control Officer or other authorized person.

j.          Interfering with Persons Performing Duties under this Chapter. No person shall hinder, molest or interfere with anyone authorized or empowered to perform any duty under this chapter.

k.        Disposition of Fees Collected. License fees and other moneys collected or received under the provisions of this section shall be forwarded to the Chief Financial Officer 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 cats liable to seizure, for 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 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 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.

(1980 Code § 88-3; Ord. No. 2507-2017)

 

8-10.2    Rabies Vaccination.

        a.    Vaccination and License Requirements. No person shall own, keep, harbor or maintain any cat over seven (7) months of age within the Borough unless such cat is vaccinated and licensed. The provisions of this section do not apply to cats held in a cattery or those held by a State or Federal licensed research facility or a veterinary establishment where cats are received or kept for diagnostic, medical, surgical or other treatments or licensed animal shelters, pounds, kennels or pet shops.

        b.    Vaccination. All cats 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 paragraph d. below.

        c.    Vaccination Certificate. A certificate of vaccination shall be issued to the owner of each animal vaccinated on a form recommended by the State.

        d.    Exemptions. Any cat 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 cat shall be deemed inadvisable.

(1980 Code § 88-2)

 

8-10.3    Violations and Penalties.

       Except as otherwise provided in this section, any person who violates or who fails or refuses to comply with this section shall be liable to a penalty of not less than twenty-five ($25.00) dollars nor more than one hundred ($100.00) dollars for each offense, to be recovered by and in the name of the local Board of Health or by and in the name of the Borough of Roselle Park. (1980 Code § 88-4)

 

 

8-11  FEEDING OF UNCONFINED WILDLIFE ON PUBLIC LANDS.

 

8-11.1    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 Roselle Park or on private property, so as to protect public health, safety and welfare and to prescribe penalties for failure to comply. (Ord. No. 2214 § 1)

 

8-11.2    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, including purposely or knowingly leaving or storing any refuse, garbage, food product, pet food, forage product or supplement, salt seed or bird seeds, fruit, grain in a manner that would constitute an attractant to any wild animal or waterfowl. 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. 2214 § 2)

 

8-11.3    Prohibited Conduct.

       No person shall feed, on any private property or in any public park or on any other property owned or operated by the Borough of Roselle Park, any wildlife, excluding confined wildlife (for example, wildlife confined in zoos, parks or rehabilitation center, or unconfined wildlife at environmental education centers or farm animals).

       No person shall feed on any public or private property deer or any of the other wildlife set forth in subsection 8-11.2 of this section. Deer means a ruminant animal having deciduous antler, antler, usually in a male only.

       Feeding of other songbirds and other backyard birds shall be permitted outdoors at such times and in such numbers that: (1) such feeding does not create an unreasonable disturbance that affects the rights of surrounding property owners and renders other persons insecure in the use of their property and; (2) does not create an accumulation of droppings on the property and surrounding properties and; (3) does not become an attractant for rodents or other wildlife animals and; (4) bird feeders are placed at least five (5) feet above the ground. (Ord. No. 2214 § 3)

 

8-11.4    Enforcement.

       This section shall be enforced by the Police Department and/or other municipal officials of the Borough of Roselle Park.

Any person found to be in violation of this section shall be ordered to cease the feeding immediately. (Ord. No. 2214 § 4)

 

8-11.5    Violations and Penalties.

       Any person(s) who is found to be in violation of the provisions of this section shall be subject to the following penalties. For any and every violation of any of the provisions of this section, the violator of said provision will be subject to imprisonment in the County Jail or in any place provided by the municipality for the detention of prisoners for a term not exceeding ninety (90) days; or subject to a fine not less than one hundred ($100.00) dollars nor more than two thousand ($2,000.00) dollars; or for a period of community service not to exceed ninety (90) days. (Ord. No. 2214 § 5)

 

8-11.6      Feeding Prohibited.

       The feeding of stray cats is prohibited. The maintenance and/or feeding of privately owned cats in such a manner as to create unsanitary conditions, attract vermin, or be potentially detrimental to health or create a public health  nuisance is hereby prohibited. (Ord. No. 2356 § 1)

 

8-11.7      Animal Nuisances.

        a.    It shall be unlawful for any person to permit a cat within their ownership or control to excrete feces onto any private or public property, without immediately removing and, within a reasonable time, properly disposing of such feces.

        b.    Subsection 8-11.7a. shall not apply where the owner or occupant of private property grants permission for a cat to excrete feces on that property, provided such feces does not accumulate to such a degree that is shall create an objectionable smell or other nuisance to the public or neighboring properties. This exception shall not prohibit such owners or occupants from being subject to the public nuisance, property maintenance and public health regulations of the Borough.

        c.    The sanitary manner for removal of feces shall be by the placement of the removed feces in a sealed plastic bag and then further placed in said person's own garbage or waste removal container and shall not be by placement of the feces, whether in a sealed plastic bag or not, in any garbage or waste container owned or maintained by the Borough of Roselle Park or any garbage or waste container of any other person or entity or storm sewer.

(Ord. No. 2356 § 2)

 

8-11.8      Violations and Penalties.

       Any person violating any provision of subsections 8-11.6 and 8-11.7 shall be punished by a fine not to exceed one hundred ($100.00) dollars. Each day the violation continues shall constitute a separate and distinct offense. (Ord. No. 2356 § 3)

 

 

8-12       FERAL CATS.

 

8-12.1      Definitions.

       For the purpose of this section, the following terms shall have the meaning set forth in this subsection. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular, words in the singular number include the plural, and words in the male gender include the female gender.

       Caregiver shall mean a person with animal welfare as his main purpose who agrees to comply with the requirements of caring for an approved colony as set forth in this section. The caregiver is the person who provides food, water or shelter to and/or otherwise cares for a feral cat colony. A caregiver must provide written notice to the Mayor and Council that he desires to serve as a caregiver and must meet all criteria set forth below for fulfilling the duties of a caregiver.

       Companion Cat as used in this section shall mean a cat which is currently socialized to humans.

       Eartipping shall mean straight-line cutting of the tip of the left ear of a cat by a veterinarian while the cat is anesthetized.

       Feral Cat shall mean a cat which currently exists in a wild or untamed state.

       Feral Cat Colony shall mean a single feral cat or a group of cats that congregates together.

       Nuisance shall mean disturbing the peace by (a) habitually or continually howling, crying or screaming, or (b) the habitual and significant destruction, desecration or soiling of property against the wishes of the owner of the property.

       Suitable Shelter shall mean shelter that provides protection from rain, sun, and other elements and is adequate to protect the health of the cat.

       TNR shall mean Trap, Neuter and Return.

       TNR Program shall mean a program pursuant to which cats are trapped, neutered or spayed, vaccinated against rabies, eartipped and returned to the current location where they congregate at the sole cost of the colony caregiver or private organization assisting the caregiver.

(Ord. No. 2403 § 1)

 

8-12.2      Feral Cat Colonies Permitted.

       Feral cat colonies are permitted and caregivers are entitled to maintain them in accordance with the terms and conditions of this section. (Ord. No. 2403 § 2)

 

8-12.3      Feral Cat Colony Caregiver Requirements.

       It shall be the duty of the caregiver to:

        a.    Ensure that he has the capacity to meet the requirements of caregiver in this subsection and subsection 8-12.4 before registering a colony.

        b.    Ensure that he, or any individual or organization trapping cats on his behalf, obtains training from skilled animal rescue/protection organizations regarding methods to safely capture and hold feral cats.

        c.    Obtain information for himself and his responsible substitutes on the proper management of a colony, including any hand-outs developed by Animal Control.

        d.    Obtain the approval of the owner of any property to which the caregiver requires access in order to trap cats or provide colony care.

        e.    Take all reasonable, good faith steps that will result in the spaying/neutering, by a licensed veterinarian, of one hundred (100%) percent of the colony population. In facilitating that spaying/neutering of cats, caregivers shall be presumed to have acted in good faith in concluding that cats routinely congregating within the colony are feral.

        f.     Take all reasonable, good faith steps that will result in rabies vaccination and revaccination of all cats in the colony.

        g.    In the event that kittens are born to a colony cat, take all reasonable, good faith steps that will result in the removal of the kittens from the colony after they have been weaned, and the placement of kittens in permanent homes, with proof of spay/neuter, at no cost to the Borough.

        h.    Provide food, water and suitable shelter for feral and/or colony cats. Caregiver shall only make food available to the colony cats during daylight hours and shall remove all uneaten food within two (2) hours of feeding, in order to reduce the attraction of nocturnal rabies vector species and avoid causing a public health nuisance or attracting vermin or other animals.

        i.     Observe the colony cats on a daily basis, and keep a record of any illnesses or unusual behavior noticed in any colony cats and report all illness to animal control immediately.

        j.     Obtain proper medical attention for any colony cat that appears to require it, at the sole cost of the caregiver or private organization assisting the caregiver.

        k.    Remove all visible feces within forty-eight (48) hours.

        l.     Help to resolve any complaints over the conduct of the colony caregiver or of cats within a colony.

        m.   Not introduce any cats from outside the already existing colony into the colony.

(Ord. No. 2403 § 3)

 

8-12.4      Feral Cat Colony Registration Requirements.

       It shall be the duty of the caregiver to:

        a.    Maintain records on the size and location of the colony, as well as the vaccination and spay/neuter records of cats in the colony.

        b.    Submit a registration application to the Mayor and Council for the feral cat colony, which shall include:

       1.      The total number of cats in the colony

       2.      A description of each cat in the colony

       3.      Copies of documents evidencing that the cats have been vaccinated and spayed/neutered, with the understanding that if the caregiver has been unable to catch a particular cat at the time of registration he shall note this in writing and submit the documents for such cat once they are available; and

       4.      A signed hold harmless agreement.

        c.    Report semi-annually in writing to the Mayor and Council on the status of the colony, including date, the number and gender of all cats in the colony, the number of cats that died or otherwise ceased being a part of the colony during the year; the number of kittens born to the colony cats, and their disposition and the number of cats placed for adoption or in permanent homes as companion cats along with proof of spay/neuter.

        d.    Feral cat colonies must be registered annually. Colonies within the municipality that are not registered with the Mayor and Council are not entitled to any benefits or protections set forth in this section.

(Ord. No. 2403 § 4)

 

8-12.5      Colony Cat Requirements.

       The left ear of a colony cat that has been spayed or neutered and vaccinated shall be ear tipped. (Ord. No. 2403 § 5)

 

8-12.6      Disposition of Colony Cats.

        a.    An Animal Control Officer who has trapped a cat whose left ear has been tipped shall contact the caregiver responsible for the cat.

        b.    Once contacted, the caregiver shall be responsible for retrieving the cat from the shelter within seven (7) business days of notification or shall surrender the cat to the shelter and pay any required surrender fees if the caregiver does not intend to retrieve the cat. Caregivers are responsible for all fees.

(Ord. No. 2403 § 6)

 

8-12.7      Violations and Penalties.

        a.    Any person who shall violate any provisions of this section, upon conviction thereof, shall be punishable as provided in the Borough of Roselle Park Code, Chapter VIII Animal Control, subsection 8-11.8 Violation and Penalties, Feeding Prohibited and Animal Nuisances.

        b.    Each violation of any of the provisions of this section and each day the same is violated shall be deemed and taken to be a separate and distinct offense.

        c.    Nothing shall interfere with the Borough's ability to:

       1.      Seize/remove a cat from a colony that is creating a nuisance as defined above if the caregiver has failed to cure the nuisance within thirty (30) days of being advised in writing of its existence, which period may be extended at the Borough's discretion if progress is being made to cure the nuisance.

       2.      Seize/remove a feral cat colony when the caregiver regularly fails to comply with the requirements of subsection 8-12.3 if caregiver has failed to correct the situation within thirty (30) days of being given notice delineating the failure with specificity. Said period may be extended at the Borough's discretion if progress is being made to correct the violation(s).

       3.      No provisions in this section are intended to interfere with the ability of Animal Control Officers ability to comply with N.J.S.A. 4:19-15.16 or other existing law.

(Ord. No. 2403 § 7)

 

8-12.8      Program Review.

       The Animal Control Officer shall conduct a periodic review of the program and recommend any revisions which may be required to the Governing Body. (Ord. No. 2403 § 8)

 

8-12.9      Cooperation with Animal Rescue Groups Encouraged.

       The Mayor and Council strongly encourages caregiver(s) of any feral cat colony(ies) to work with all animal rescue groups for the purpose of maximizing adoption of kittens and tame cats. (Ord. No. 2403 § 9)

 

 

8-13       SALE OF DOGS AND CATS FROM ANIMAL MILLS PROHIBITED.

 

8-13.1      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 stated 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 non-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, to offer to sell or adopt, 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.

(Ord. No. 2484-2017 § 1)

 

8-13.2      Restrictions on the Sale of Animals.

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

1.            An animal care facility; or

2.            An animal rescue organization.

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

(Ord. No. 2484-2017 § 2)

 

8-13.3      Enforcement.

       Upon adoption of this section, enforcement authority is delegated to the Roselle Park Police Department, Roselle Park Deputy Code Officer and/or the Roselle Park Animal Control Authority or Animal Control Officer. (Ord. No. 2484-2017 § 3)

 

8-13.4      Violations and Penalties.

       Any person violating any provision of this section shall be liable to the penalty stated in Chapter I, Section 1-5. (Ord. 2484-2017 § 4)

 

8-13.5      Record Keeping.

       A pet shop shall maintain records stating the name and address of the animal care facility or animal rescue organization that each cat or dog was obtained from for at least two (2) years following the date of acquisition. Such records shall be made available, immediately upon request, to Borough Police Department, Roselle Park Deputy Code Officer, and/or the Roselle Park Animal Control Authority or Animal Control Officer and submitted annually, and no later than May 1 of each year, to the Borough Clerk’s Office. Each pet shop shall display on each cage a label stating the name and address of the animal care facility or animal rescue organization of each animal kept in the cage. (Ord. No. 2484-2017 § 5)

 

 

 



*Editor's Note: For regulations concerning Vicious Dogs, see Board of Health Code.

CHAPTER VIII ANIMAL CONTROL*
Published by ClerkBase
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