Ch. 67  ANIMAL CONTROL1

 

 

ARTICLE I

Animal Control and Protection

 

§ 67-1.    Title.

§ 67-2.    Purpose.

§ 67-3.    Definitions.

§ 67-4.    Mandatory licensing of dogs and cats.

§ 67-5.    Optional pet registration.

§ 67-6.    Dog and cat licensing and pet registration—Agents.

§ 67-7.    Dog and cat licensing and pet registration— Application.

§ 67-8.    Dog and cat licensing and pet registration— Record of.

§ 67-9.    Dog and cat license—Fees.

§ 67-10.  Dog and cat license—Late penalty.

§ 67-11.  Dog and cat license—Tag issuance.

§ 67-12.  Cats and dogs—Maximum number owned or kept.

§ 67-13.  Cats and dogs—Maximum number—Exception.

§ 67-14.  Guard dogs—Special requirements.

§ 67-15.  Animals running at large.

§ 67-16.  Leash requirements.

§ 67-17.  Dogs in season.

§ 67-18.  Animal noise control.

§ 67-19.  Animal waste.

§ 67-20.  Nuisance or destructive behavior.

§ 67-21.  Destruction of injured or diseased animal.

§ 67-22.  Destruction of dangerous animal.

§ 67-23.  Biting animals—Duty to report—Confinement— Penalty.

§ 67-24.  Rabies vaccination.

§ 67-25.  Cruelty to animals.

§ 67-26.  Duty when striking domestic animal with motor vehicle.

§ 67-27.  Found stray animal.

§ 67-28.  Scientific experimentation.

§ 67-29.  Animals as prizes.

§ 67-30.  Police dogs—Exemption.

§ 67-31.  Exotic animals.

§ 67-32.  Jurisdiction of police.

§ 67-33.  Designated Animal Control Officer—Powers and duties.

§ 67-34.  Designated Animal Control Officer— Obstruction.

§ 67-35.  Enforcement.

§ 67-36.  Complaints—Adjudication of grievances.

§ 67-37.  Presumption of ownership.

§ 67-38.  Habitual violator.

§ 67-39.  Impoundment.

§ 67-40.  Impoundment register.

§ 67-41.  Impounded animals—Custodian.

§ 67-42.  Impounded animals—Redemption.

 

 

ARTICLE II

Kennels, Pet Shops, Shelters or Pounds

 

§ 67-43.  License—Application.

§ 67-44.  License—Expiration.

§ 67-45.  License—Fee.

 

 

ARTICLE IIA

Sale of Cats and Dogs by Pet Shops

 

§ 67-45.1.        Definitions.

§ 67-45.2.        Restrictions on the sale of animals.

§ 67-45.3.        Enforcement.

§ 67-45.4.        Penalties for violations.

 

 

ARTICLE III

Vicious Dogs

 

§ 67-46.  Seizure and impoundment.

 

 

ARTICLE IV

Animal Population Control

 

§ 67-47.  Cats and dogs to be neutered, eartipped and vaccinated—Required when.

§ 67-48.  Animal population control measures— Participation.

§ 67-49.  Cat colonies—Requirements.

§ 67-50.  Cat colony caretakers—Registration— Ownership exemption.

§ 67-51.  Traps—Humane.

§ 67-52.  Trapping—Requirements.

§ 67-53.  Abandonment prohibited.

§ 67-54.  Trap to euthanize.

§ 67-55.  Sanctuary.

 

 

ARTICLE V

Violation and Penalty

 

§ 67-56.  Penalties for violations.

 

 

ARTICLE VI

Pet Waste

 

§ 67-57.  Purpose.

§ 67-58.  Definitions.

§ 67-59.  Requirement for disposal.

§ 67-60.  Exemptions.

§ 67-61.  Enforcement.

§ 67-62.  Violations and penalty.

 

 

ARTICLE VII

Wildlife Feeding

 

§ 67-63.  Purpose.

§ 67-64.  Definitions.

§ 67-65.  Prohibited conduct.

§ 67-66.  Enforcement.

§ 67-67.  Violations and penalties.

§ 67-68-

67-70.     Reserved.

 

 

ARTICLE VIII

Dog Parks

 

§67-71.   Purpose.

§67-72.   Definitions.

§67-73.   Regulations.

§ 67-74.  Additional regulations.

§ 67-75.  Enforcement.

§ 67-76.  Penalties for violations.

 

 

[HISTORY: Articles I—V, adopted by the Mayor and Council of the Town of Secaucus 6-26-07 as Ord. No. 2007-23. Amendments noted where applicable.]

 

 

ARTICLE I  Animal Control and Protection

 

§ 67-1.    Title.

   The ordinance codified in this chapter shall be designated and may be cited as the Town of Secaucus Animal Control and Protection Ordinance.

 

 

§ 67-2.    Purpose.

   It is hereby declared to be the public policy of the Town of Secaucus to adopt and enforce those animal control measures deemed necessary for the protection of the health, welfare and safety of the residents and animals within Secaucus and to prevent damage to property and cruelty to animals. To this end, it is the purpose of the ordinance codified herein to provide a means of licensing dogs, cats and facilities; to register animals other than dogs and cats and to regulate animal behavior so that it will not constitute a nuisance; to prevent or curtail inhumane treatment of animals; and to prevent or curtail animal overpopulation.

 

 

§ 67-3.    Definitions.

   Within the provisions of this chapter, the following definitions shall apply:

ABANDON —  To drop off or leave an animal on a street, road or highway, or in a public place, or on the private property of another, or fail to provide an animal adequate sustenance for a period of forty-eight (48) hours.

AGENT — The Town Clerk or any public or private establishment authorized by the Town of Secaucus to issue pet licenses.

ALTERED — Shall hold the same meaning as "neutered."

ANIMAL — Any member of the classes reptile, amphibian, arachnid, bird, fish or nonhuman mammal.

ANIMAL CONTROL OFFICER — 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.

ANIMAL SHELTER — A facility which is used to temporarily house or contain stray, homeless, abandoned or unwanted animals, for a period of time not to exceed six (6) months, and which is owned, operated or maintained by a public body, an established humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization devoted to the welfare, protection, and humane treatment of animals.

AT LARGE — Off the premises or outside the vehicle of the owner or keeper of the animal and not under restraint by a leash, tether or other physical control device.

CAT COLONY — A local population of three (3) or more strays, abandoned or feral cats living in a specific location and using a common food source such as food from trash cans or from humans.

CAT COLONY CARETAKER — A person who cares for colony cats on a daily basis at an established feeding and shelter location.

DOMESTIC ANIMAL — Any animal other than livestock that lives and breeds in a tame condition. For the purposes of this chapter, this generally refers to dogs and cats.

EAID — Electronic animal identification device.

EARTIPPING — The surgical removal of the top one-fourth (1/4) inch of the left ear of a feral or unclaimed free-roaming cat to indicate the animal has been neutered and vaccinated to prevent the contraction and transmission of rabies.

EXOTIC ANIMAL — Any member of the animal kingdom which is not commonly domesticated or which is not common to North America, or which, irrespective of geographic origin, is of a wild or predatory nature, or any animal except livestock and domesticated animals which due to size, habits, natural propensities, instinct, handling or training presents a danger or potential danger to human beings, animals or property if not kept, maintained or confined in a safe and secure manner.

FEEDER — Any person who provides food and water on a regular basis to cats in a managed colony.

FERAL — Any animal, which has escaped domestication and becomes wild, or, the offspring of outdoor intact domestic animals owned or abandoned.

FERAL CAT — Any cat existing in a wild or untamed state or having returned to an untamed state from domestication. Evidence of a feral cat includes but is not limited to poor socialization preventing the cat to be handled.

GROOMING PARLOR — Any place of business (stationary or mobile) where animals are bathed, clipped, dipped or combed, or otherwise services for valuable consideration for the purpose of enhancing their aesthetic value.

GUARD DOG — Any type of dog specifically trained and used for the purpose of defending, patrolling or protecting property or life. The term "guard dog" shall exclude police dogs and dogs used primarily for handling and controlling livestock or farm animals.

KEEPER — Any person, including an owner, who provides animals with food, water and general care.

LICENSE or TAG — A prenumbered identification tag acquired by the owner from an authorized agent for a specific pet animal. Rabies identification or other identification may not be substituted or accepted in lieu of a license.

LICENSED VETERINARIAN — Any person licensed to practice veterinary medicine in the State of New Jersey.

MICROCHIP — An EAID.

NEUTER — To surgically render an animal incapable of reproduction.

OWNER — Any person(s), firm, corporation, organization, or department possessing, harboring, keeping, having an interest in, or having control, custody or possession of an animal on a permanent basis. Owner shall not include a person or entity who is temporarily possessing, harboring, keeping, having an interest in, or having control, custody or possession of feral or stray cats or dogs in connection with TNR or TRR.

PERSON — Any individual, firm, partnership, corporation, trust or association of persons.

PET — Shall hold the same meaning as "domestic animal."

POLICE DOG — A dog used by a law enforcement agency and specially trained for law enforcement work.

RABIES QUARANTINE — The keeping of a biting animal or the suspected biting animal separate and apart from other animals and people for a period of at least ten (10) days.

SANCTUARY — A safe place where animals can have a permanent home similar to their usual and accustomed environment, where nutritional and medical needs can be addressed and they are free from disturbance by predators and other animals. A sanctuary must be designated by virtue of a zoning ordinance.

SERVICE DOG — A properly trained dog certified by a licensed training facility that has an expertise in training dogs for physically impaired persons.

SPAY— Shall hold the same meaning as "neuter."

STRAY — Any dog or cat wandering or roaming without an apparent owner or home, who displays behaviors of once having had close human companionship.

TRAP, NEUTER, AND RETURN (TNR) — A specific program designed to manage feral and unclaimed cat populations through neutering and then returning the animal to the point of capture.

TRAP, REMOVE, AND RELOCATE (TRR) — A specific program or act intended to manage feral cats and/or dogs through neutering and relocating to a colony, sanctuary, or other suitable environment.

WILD ANIMAL — Shall hold the same meaning as "exotic animal."

 

 

§ 67-4.    Mandatory licensing of dogs and cats.

   It is unlawful for any person to keep or maintain a dog over twenty (20) weeks of age or cat over twelve (12) weeks of age within the town without obtaining and retaining a license as required by this chapter. A serially numbered round metal license tag provided by the town shall be securely affixed to a collar and worn by the animal or an EAID shall be implanted in the animal when away from the owner's premises; provided, that dogs and cats, while kept in a commercial kennel or cattery, pet shop, veterinary clinic, grooming parlor, or in the animal shelter designated as the custodian of animals impounded under this chapter, or in connection with a TNR program, shall be exempt from this license requirement; provided, any person who newly acquires an unlicensed or licensed dog or cat of licensing age, shall have thirty (30) days within which to obtain the license required by this chapter.

 

 

§ 67-5.    Optional pet registration.

   A town resident may register any domestic animal legally allowed under this title other than a dog or cat upon completion of an application and payment of a pet registration fee, if any such fee is required by this chapter.

 

 

§ 67-6.    Dog and cat licensing and pet registration - Agents.

    In addition to town employees, the Mayor and Council may designate an authorized agent or agents for issuance of town animal licenses and tags and for the registration of other animals. The agent or agents may be the designated animal shelter operator, licensed veterinarian, pet shop, commercial kennel and cattery operators, and grooming parlor operators with whom the town has entered into an agreement for such service. In the case of licensing by agents other than town employees, an agent's fee of two dollars ($2.) shall be collected and retained by the agent. Agents shall within twenty-four (24) hours of receipt electronically transmit the animal licensing information to the town.

 

 

§ 67-7.    Dog and cat licensing and pet registration- Application.

   Owner applying for a license for a dog or cat or for registration of another domestic animal shall submit the following information:

A.   The name, address and telephone number of the legal owner of the animal;

B.   The name, address and telephone number of the person having custody of the animal, if other than the legal owner;

C.   The name, age, breed, color, sex, distinguishing features, markings or tattoos of the animal, and, in the case of dogs or cats, whether the animal has been neutered;

D.   In the case of cats of questionable breed, they shall be recorded as domestic short hair, domestic medium hair, or domestic long hair, as appropriate;

E.   The address of the property at which the animal is ordinarily kept or maintained;

F.   A certificate of a veterinarian indicating the dog or cat has current rabies immunization;

G.   A certificate of a veterinarian indicating the dog or cat has been neutered, if claiming so;

H.   EAID information, if applicable.

 

 

§ 67-8.    Dog and cat licensing and pet registration- Record of.

   A record of all animal licenses, pet registrations, and their accompanying applications and any supporting certifications shall be maintained by the Town Clerk.

 

 

§ 67-9.    Dog and cat license—Fees. [Amended 2-12-08 by Ord. No. 2008-3]

   License for dogs and cats shall be renewed annually by the owner. All licenses are nontransferable. License fees are as follows:

A.   Neutered: $17.00 per year, inclusive of state fees. [Amended 2-8-11 by Ord. No. 2011-1]

B.   Intact: $20.00 per year, inclusive of state fees. [Amended 2-8-11 by Ord. No. 2011-1]

C.   Replacement tags: $5.00.

 

 

§ 67-10.  Dog and cat license-Late penalty.

   A late penalty of five dollars ($5.) shall be assessed for any dog or cat license application not received within thirty (30) days of the animal first being kept or maintained in the town, or, the animal reaching the age of twenty (20) weeks for dogs and twelve (12) weeks for cats, or a post-January renewal.

 

 

§ 67-11.  Dog and cat license-Tag issuance.

   Upon proper application and upon payment of applicable fees, if any, by the owner or person having the custody and control of any dog or cat, the attending employee or agent shall issue to such owner a serially numbered round metal identification tag for such animal and such owner shall ensure that the tag thereafter is securely affixed to a substantial collar or harness to be worn by the dog or cat at all times except when the animal is securely confined within a residence or enclosure or is being displayed in an exhibition. With respect to a dog an electronic animal identification device may be implanted in addition to, but not in place of, the serially numbered tag. With respect to a cat an electronic animal identification device may be implanted in place of, the serially numbered tag.

 

 

§ 67-12.  Cats and dogs-Maximum number owned or kept.

   No person shall own or keep within the town more than three (3) dogs of licensing age but may own or keep any number of cats of licensing age, to a maximum of six (6) total cats and dogs of licensing age; except, that any person intending to own or keep more than three (3) dogs or more than six (6) total  cats and dogs of licensing age, as referred to in this section, shall do so only as a properly licensed commercial kennel, cattery, veterinary clinic or similar use or participants in a TNR or TRR program.

 

 

§ 67-13.   Cats and dogs-Maximum number-Exception.

   In addition to the pet limitations outlined in Section 67-12, above, any person, due to unforeseen or emergency circumstances, may temporarily shelter a total of two (2) additional cats and dogs in any combination of cats and/or dogs for up to six (6) months. Such animals shall be disclosed to the Animal Control Officer and licensed as any other animal covered under this chapter.

 

 

§ 67-14.  Guard dogs- Special requirements.

   Guard dog owners and guard dog services shall register all dogs used within the town, regardless of owner address. In addition to information required by Section 67-7, above, the registration shall include:

A.   EAID number:

(1)    EAID type;

(2)    Proof of ownership (bill of sale, veterinarian affidavit, etc.).

B.   Guard dogs, newly acquired by owners or guard dog services, shall be vaccinated against rabies and registered with the town no later than ten (10) days from acquisition and in no case shall such animal be placed in service prior to vaccination.

C.   Guard dogs shall be registered annually with the town for a twenty-one dollar ($21.) fee plus state fees, if any.

D.   Each guard dog shall have an implanted EAID readable by the town's equipment.

E.   The escape or disappearance of a guard dog shall be reported immediately to the town.

F.   It shall be a condition of registration that Animal Control Officers shall at any reasonable time have the right to enter the premises and inspect all animal health records, dogs, and kennels housing guard dogs and other premises where such dogs are kept.

G.   The vehicle of every guard dog service transporting any guard dog must be clearly marked, showing that it is transporting an aggressive dog. A compartment separate from the driver is required and shall be arranged to ensure maximum ventilation for the animal. No guard dog shall be transported in the trunk of a car or on an open bed truck.

H.   Each business which hires or uses a guard dog to patrol the premises after business hours shall provide adequate fencing or some other confining structure to keep the guard dog within the enclosed area.

I.    Each business which hires or uses a guard dog that is present during business hours shall have the dog confined in such a manner so as not to pose a danger to the public. Confinement shall, at a minimum, prevent deliberate or inadvertent physical contact by the public.

J.    At each entry point and at each 50-foot interval along the fence perimeter, if applicable, a sign shall be posted including the words "Guard Dog" in three (3) inch letters. All entry points shall be double-gated.

K.   Entry points shall have a sign posted with the telephone number of the dog's handler and/or owner in case of an emergency.

L.   Dogs used for guarding businesses shall be given a humane existence, including adequate shelter, food, water and exercise. Dogs confined to a cage or kennel shall be able to stand freely and turn without restriction and shall be permitted daily exercise for an appropriate length of time, as determined by their size and age in a yard or other area suitable for that purpose.

M. No dog which has been declared a dangerous dog by the town shall be used as a guard dog.

 

 

§ 67-15.  Animals running at large.

   It is unlawful for any owner of any animal to permit such animal to be at large upon the private property of another within the town except with the permission of the owner or custodian of such private property.

 

 

§ 67-16.  Leash requirements.

   It is unlawful for the owner of any dog to allow such animal to roam, stray or be away from the premises of the owner, or to be in or on any public place or property unless such animal is physically controlled by the owner or other competent and authorized person by means of a physical control device, including a leash or carrying cage; except, that in a public place, no physical control device is required while the animal is present within the boundaries of a town-owned or sanctioned off-leash dog park or while participating in an organized exhibition or training session; provided, that the control device requirements of this section shall not apply to a police dog while in the performance of a law enforcement function.

 

 

§ 67-17.  Dogs in season.

   Every female dog in season shall be confined in a well ventilated and adequately sized closed structure so that the dog cannot come into contact with an intact male dog except for planned breeding.

 

 

§ 67-18.  Animal noise control.

   It is unlawful for any owner to cause or allow to originate from the property frequent, repetitive, or continuous howling, barking, or other noises made by any animal covered by this chapter which disturbs the peace and quiet of the surrounding area. Sounds made in pet shops, veterinary clinics, grooming parlors, commercial kennels and catteries licensed under this chapter, shall be exempt under this subsection; provided, however, that it is an affirmative defense under this subsection that the animal was intentionally provoked to bark or make any other noise by the injured person or any other person; provided, that the enactment of this provision shall in no way nullify any other provision of the Municipal Code concerning animal noise.

 

 

§ 67-19.  Animal waste.

A.   It is unlawful for the owner of any dog or other animal, either willfully or by failure to exercise due care, to permit such animal to commit a public nuisance by defecating upon private property without the permission of the owner or custodian thereof, upon the public sidewalk, in or upon any public street or any other public place. It shall be a defense to a charge under this section that the owner of the animal possessed the appropriate device for removal of waste and did immediately remove and properly dispose of the waste; provided, that this subsection shall not apply to a person whose visual or physical condition is an impediment to compliance with this subsection.

B.   It is unlawful for any owner to allow waste to accumulate on said owner's property to the extent that neighbors are adversely affected by odor or runoff.

 

 

§ 67-20.  Nuisance or destructive behavior.

   It shall be unlawful for an owner to:

A.   Permit an animal to chase, run after or jump at vehicles lawfully using the public streets, alleys and ways;

B.   Permit any animal to trespass on public or private property so as to damage or destroy any lawn, garden, or other property or thing of value;

C.   Any animal causing an owner to be in violation of any of the provisions of this section is declared to be a public nuisance and may be immediately seized and impounded;

D.   It shall be a defense to a charge under this section that the animal which chased, jumped, trespassed or damaged property had been intentionally provoked to perform the nuisance or destructive behavior by a person other than the animal's owner or keeper.

 

 

§ 67-21.  Destruction of injured or diseased animal.

   Any animal suffering from serious injury or disease as determined by a licensed veterinarian may be humanely destroyed by the impounding authority with the assistance of the licensed veterinarian, provided, that the impounding authority shall make reasonable effort to locate and notify the owner prior to destroying the animal by searching licensing records and attempting telephone contact with the owner, if known.

 

 

§ 67-22.  Destruction of dangerous animal.

   If any dangerous, vicious, or predatory animal or any animal known to have rabies cannot be safely taken up and impounded, such animal may be immediately destroyed by an Animal Control Officer.

 

 

§ 67-23.  Biting animals-Duty to report-Confinement- Penalty.

A.   When any cat, dog or ferret has bitten or attacked any person, it shall be immediately reported to the Animal Control Officer. Bites occurring in a veterinary hospital or clinic, are not subject to mandatory reporting to the Animal Control Officer; however, this does not relieve the owner of reporting requirements of the Board of Health.

B.   It is unlawful for the owner of any animal, when notified that such animal has bitten any person or has injured any person such as to cause an abrasion of the skin, to sell or give away such animal or permit such animal to be taken beyond the limits of the town except to a veterinary hospital. It shall be the duty of such owner upon receiving such notice of the animal's injurious acts to immediately place such animal in a duly licensed veterinary hospital for confinement for a period of at least ten (10) days or to deliver such animal to an Animal Control Officer for such placement or similar confinement. No person shall release or remove any animal from its place of confinement to another place without the consent of and upon the conditions imposed by the Animal Control Officer. Upon authorization of the Animal Control Officer, an animal may be released from confinement to the custody of its owner upon the owner's undertaking to keep the same confined to the premises of the owner and segregated from other animals during such observation period.

C.   In the event that the officer has reason to suspect that the animal is rabid, the appropriate officials of the local, County or State Health Department shall be notified and the officer shall coordinate any further activities with such department. The Health Department shall have jurisdiction over any matter possibly involving rabies. N.J.S.A. 26:4-78, et seq.. together with amendments thereto, are incorporated in this chapter by reference and prevail over any conflicting provision of this chapter in any suspected rabies matter.

D.   It shall be a violation of this chapter for any owner or keeper to whom an order of rabies quarantine is issued to knowingly, recklessly or with criminal negligence permit the order of rabies quarantine to be broken. Should the order of quarantine be broken, the animal may be impounded and held by the town at the owner's, and/or keeper's expense for the remainder of the quarantine period.

E.   No person shall refuse to surrender any animal for quarantine when demand is made by order of an Animal Control Officer.

F.   Redemption of the animal is subject to payment of any fees allowable under this chapter.

G. Any person refusing or failing to comply with the provisions of this section or with the order or directives of an Animal Control Officer relating thereto shall be guilty of a misdemeanor and shall be punishable by the laws of the state and this chapter.

H.   A publicly owned police dog with a current rabies vaccination shall be exempt from quarantine unless ordered by the Health Officer.

 

 

§ 67-24.  Rabies vaccination.

   All persons seeking to license a dog or cat, or to register a ferret, shall be required to show proof of current rabies vaccination from a licensed veterinarian prior to registration and said vaccination shall be kept current as long as the animal remains in the town. A durable and traceable rabies tag provided by the veterinarian shall be securely affixed to a collar and worn by the animal when outside or away from the owner's home or other enclosure.

 

 

§ 67-25.  Cruelty to animals.

   It is unlawful for any person within the town to intentionally, knowingly, recklessly or with criminal negligence commit, singly or together, any of the following acts or omissions or to aid or abet another person in the commission of such acts or omissions, which are deemed to constitute cruel treatment of animals:

A.   To cause or allow any animal to endure pain, suffering, injury or to fail or neglect to aid or attempt to alleviate pain, suffering or injury which the person has caused to any animal. Such aid shall include provision of needed veterinary care;

B.   To fail to provide minimum care to any animal within the person's care, custody or control; for the purpose of this section, "minimum care" means care sufficient to preserve the health and well-being of an animal and except for emergencies or circumstances beyond reasonable the reasonable control of the owner or keeper, includes, but is not limited to, the following requirements:

(1)    In each period of twenty-four (24) consecutive hours, to provide food of sufficient quantity and quality to allow for normal growth or maintenance of body weight;

(2)    In each of twenty-four (24) consecutive hours, to provide open or adequate access to potable water in sufficient quantity to satisfy the animal's needs. Neither ice nor snow is an adequate water source;

(3)    In the case of domestic animals, to provide a barn, dog house or other enclosed structure sufficient to protect the animal from wind, rain, snow or sun, and which has adequate bedding to protect against cold or dampness;

(4)    To provide veterinary care deemed necessary by a reasonable prudent person to relieve distress from injury, neglect or disease;

(5)    No domestic animal shall be confined to an area without adequate space for exercise necessary for the health of the animal or which does not allow access to a dry place for the animal to rest. The air temperature in a confinement area must be suitable for the animal involved. Confinement areas must be kept reasonably clean and free from excess mud, waste or other contaminants which could affect the animal's health;

C.   To tether, confine or restrain any animal in such a way as to permit said animal to become frequently entangled in such tether, or to render such animal entangled in such tether, or to render such animal incapable of consuming food or water or of using shelter provided for it, while at the same time allowing adequate space for freedom or movement;

D.   To abandon any animal by dropping off or leaving such animal on a street, road or highway, or in a public place, or on the private property of another person except in connection with a TNR program;

E.   To confine an animal within or on a motor vehicle or other structure or enclosure at any location when unattended and under such circumstances as may endanger the health and well-being of the animal. Such conditions include, but are not limited to, dangerous temperature, lack of food or water and confinement with a vicious animal;

F.   To transport or confine any living animal on the outside part of a motor vehicle except where attached to the vehicle by a suitable harness, leash, cage or other enclosure that protects the animal from falling or being thrown therefrom and which prevents the animal from leaving the vehicle while unattended. The outer part of the vehicle includes the running board, fender or hood of any motor vehicle or the flat bed of a truck and/or the open portion (bed) of a pickup truck;

G.   To place any food, drink or other substance of any description containing poisonous or other injurious ingredients in any area reasonably likely to be accessible to domestic animals. Care shall be taken to avoid open containers or spills of antifreeze or other toxic substances;

H.   To knowingly and intentionally, whether for amusement of self or others, or for financial gain, cause any animal to fight or injure any other animal, cause it to be fought or be injured by any animal or to train or keep for the purpose of training any animal with the intent that the animal shall be exhibited combatively with any other animal. Anyone who permits such conduct on premises under that person's control, and any person present as a spectator at that exhibition, shall be considered a violator of this subsection;

I.    To sell or offer for sale or to give away any living baby rabbits, chicks, ducklings or other fowl which have been dyed, colored or otherwise treated so as to have an artificial color; provided, that this shall not prohibit the sale or display of natural baby rabbits, chicks, ducklings or other fowl in proper brooder facilities or stores engaged in selling them for commercial purposes;

J.    To abandon or transfer to another person by gift, sale or exchange for consideration, any animal in or upon any sidewalk, street, alley, lane, public right-of-way, park or any other public property except when the transfer takes place to a sale conducted by a public body or public officer, when the transfer takes place at an animal show or exhibition conducted by or for persons who regularly engage in the practice of breeding animals for show or exhibition, or when one of the parties to the transfer is a member of an animal welfare organization and is acting on behalf of the animal welfare organization.

In any prosecution of animal cruelty other than in the first degree, it shall be an affirmative defense, if established by the defendant by a preponderance of the evidence that the defendant's failure was due to economic distress beyond the defendant's control.

 

 

§ 67-26.  Duty when striking domestic animal with motor vehicle.

   Any person while operating a motor vehicle strikes a domestic animal shall stop at the first safe opportunity, and immediately report such injury or death to the animal's owner or to a town Animal Control Officer or police officer. This section shall not be construed as requiring the person striking the animal with a motor vehicle to be financially responsible for the injury or death of the animal.

 

 

§ 67-27.  Found stray animal.

   It is the duty of any person who takes a stray animal, as defined in this chapter, into his or her possession to notify the town Animal Control Officer at once, and to release such animal to said officer upon demand and without charge. The intent of this section shall be satisfied by providing a telephonic or electronic message when notification occurs after business hours.

 

 

§ 67-28.  Scientific experimentation.

   It shall be unlawful for any person to deliver, sell, offer or give any live animal for scientific experimentation which involves any cruel or inhumane treatment. It shall be unlawful for any person to conduct scientific experimentation on live animals which involves any cruel or inhumane treatment.

 

 

§ 67-29.  Animals as prizes.

   It shall be unlawful for any person whether for profit, nonprofit, charity or any other purpose to offer an animal as a prize in response to participation in a game, contest, drawing of chance or any other similar event; provided, it shall not be unlawful for a nonprofit organization to offer for sale an animal at auction wherein there is a willing seller and buyer.

 

 

§ 67-30.  Police dogs-Exemption.

   All police dogs owned by a public law enforcement agency and being used for duty or training shall be exempt from all provisions of the code relating to animal control. If a police dog is voluntarily quarantined, such dog will be remanded to the control of its agency.

 

 

§ 67-31.  Exotic animals.

A.   No person shall possess within the town any of the following animals:

(1)    All nonhuman primates;

(2)    All wild cats of the family Felidae and their hybrids, except for the domestic cat Felis catus;

(3)    All species of bear;

(4)    All wild carnivores of the family Canidae and their hybrid, except for the domestic dog Canis familiaris;

(5)    Venomous reptiles, fish, amphibians and arachnids;

(6)    Any constrictor snake of six (6) feet or more in length;

(7)    All members of alligator, crocodile and caiman families.

B.   It is unlawful for any person to bring into the town to keep or harbor within the town any wild or exotic animal, other than those prohibited above, unless the animal has been properly registered with the town and fees required by this chapter have been paid. An exotic animal registration application, to include a photograph of the animal, shall be completed and a fee of one hundred dollars ($100.) per animal shall be paid at the time of registration. An exotic animal registration is nontransferable. The Animal Control Officer shall inspect the quarters where the animal is intended to be contained. Registration shall not be allowed and the animal shall not be brought into the town or retained in the town if, in the judgment of the Animal Control Officer, the quarters intended for the animal are inadequate to safely and humanely contain the animal. If registration is allowed, the quarters where an exotic animal is kept shall be subject to inspection at any reasonable time by the Animal Control Officer or police officer. If an exotic animal escapes or if it appears from such inspection or otherwise that an exotic animal might escape, an order may be given by an Animal Control Officer or police officer that such quarters be immediately repaired or improved and, if this is not done, the animal may be impounded and held at the owner's expense until such repairs or improvements are made. The town may move to destroy or adopt the animal if not claimed within seventy-two (72) hours. An aggrieved owner or keeper may request a hearing pursuant to prior to any action by the town. It is the duty of any person or keeper with an exotic animal registered under this section to at all times keep convenient to the quarters all appropriate equipment necessary to recapture such animal should it escape.

C.   Any person licensed to sell exotic animals other than those prohibited by Subsection A of this section shall within twenty-four (24) hours of the time of sale place in the mail to the Police Department a statement indicating the type of animal sold, name of the purchaser, address and telephone number of the purchaser, and address of the property or residence where the animal will primarily be kept.

D.   All persons who possess any of the animals listed in Subsection A of this section as of the effective date of the ordinance codified in this chapter1 shall register said animals with the Police Department within ten (10) days of the ordinance's effective date. The Animal Control Officer shall specify the conditions under which the animal must be kept while the owner arranges to remove the animal from the town. Removal must occur within thirty (30) days of registration. Failure to timely register, comply with the conditions of registration or remove an exotic animal listed in subsection A of this section shall constitute a violation of this chapter.

E.   The provisions of this section shall not apply to wild or exotic animals listed in Subsection A of this section when such animals are safely and continuously contained during uninterrupted transport through the town or to a veterinary hospital within the town.

F.   The provisions of this section shall not apply to raptors possessed under official state or federal authorization.

 

 

§ 67-32.  Jurisdiction of police.

   It shall be the jurisdiction of the Police Department to enforce any provisions of this chapter or of any other town ordinance or state law relating to animal welfare, cruelty and animal control by any lawful means including, but not limited to arrest, the issuance of criminal citation, notice of civil infraction, order to abate, or issuance of warnings.

 

 

§ 67-33.  Designated Animal Control Officer-Powers and duties.

   The Animal Control Officer is authorized to take such lawful actions as may be required to enforce the provisions of this chapter and other town ordinances relating to animal welfare, cruelty prevention and animal control. The Animal Control Officer, while pursuing any animal observed by such officer to be in violation of this chapter or being treated cruelly in violation of this chapter, may enter upon public or private property, for the purposes of enforcing the code provision violated; provided, that entry into a building designated for and used for private purposes may be accomplished only with the consent of the owner or lawful occupant of said premises or upon the issuance of a proper search or arrest warrant.

 

 

§ 67-34.  Designated Animal Control Officer- Obstruction.

   It is unlawful for any person, without lawful reason, to knowingly hinder, resist, delay or obstruct any Animal Control Officer or police officer in the performance of their duties under this chapter. Obstruction of an Animal Control Officer or police officer is a misdemeanor, punishable by a fine not in excess of two thousand five hundred dollars ($2,500.) for each violation and/or imprisonment for not more than six (6) months.

 

 

§ 67-35.  Enforcement.

A.   It is expressly the purpose of this chapter to provide for and promote the health, safety and welfare of the general public and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this chapter. It is the specific intent of this chapter that neither provision nor any term used in this chapter is intended to impose any duty whatsoever upon the town or any of its officers, employees, agents, or volunteers, for whom the implementation and enforcement of this chapter shall be discretionary and not mandatory.

B.   Nothing contained in this chapter is intended nor shall be construed to create or form the basis of any liability on the part of the town or its officers, employees, volunteers, or agents, for any injury or damage resulting from any action or inaction on the part of the town related in any manner to the enforcement of this chapter by its officers, employees, volunteers or agents. Any and all liability and consequential damage resulting from any official performing the functions of an Animal Control Officer and enforcement of this chapter is hereby disclaimed and governmental immunity as provided by law is retained.

 

 

§ 67-36.  Complaints-Adjudication of grievances.

   Any owner or keeper aggrieved as the result of an impoundment, condition for redemption, or deprivation pursuant to the provisions of this chapter, may request a hearing before the Municipal Court Judge to determine the justification of such classification, or the requirements imposed as a condition of redeeming the animal, per impoundment, or any determination, that the animal has been cruelly treated, neglected or abandoned. In the event the court confirms the classification and/or requirements, or determination that the animal has been cruelly treated, neglected or abandoned, the owner or keeper shall pay the costs of such hearing including the filing fee and the fees for witnesses called in support of the official action.

 

 

§ 67-37.  Presumption of ownership.

   A presumption of ownership shall exist if a stray animal is kept, sheltered, fed or harbored for more than five (5) consecutive days (one hundred twenty (120) hours); provided, that a cat colony caretaker or TNR or TRR feeder, shall not be deemed an owner when providing daily care for colony animals.

 

 

§ 67-38.  Habitual violator.

   In addition to any other legal remedies available under the provisions of this chapter, an Animal Control Officer may order and direct in writing delivered by regular mail to the last known address of the owner or keeper of the animal or by personal service to the owner or keeper of any animal which is the subject of more than three (3) criminal citations, notices of civil infraction or any combination of the same within any 12-month period to abate and remove such animal from the town within seven (7) days from the date of service of the order or the tenth day from the date of mailing the order to abate the habitual violator. Such order to abate the habitual violator shall:

A.   State that a hearing in the Municipal Court may be requested appealing the order and the method of appealing as provided for in Section 67-36 above.

B.   That if no hearing is requested within seven (7) days of the date of mailing order or date of service of the order the owner or keeper must abate and remove the animal from the town.

C.   Bear the notation that any appeal must be filed before closure of the seventh day following the date of mailing or service of the order.

D.   Clearly state and identify the grounds of which the animal has been declared a habitual violator.

E.   Clearly identify the animal which has been declared a habitual violator identifying such animal by species and breed, coloring and markings, age, gender, and name when such information is available.

If such animal is found to be kept in violation of the order after ten (10) days have elapsed from the date of mailing or seven (7) days have elapsed from the date of service of the order, or the date and hour of affirmance of such order if a timely appeal is filed, such animal may be abated and removed by impoundment by an Animal Control Officer, subject to all impoundment and redemption procedures; provided, however, such animal may not be returned to the residence or property from which it was impounded or resided.

 

 

§ 67-39.  Impoundment.

A.   An Animal Control Officer may apprehend any animal committing or involved in any acts in violation of this chapter or in any other ordinance or which is being subjected to cruel treatment as defined in this chapter. After such an animal is apprehended, the Animal Control Officer shall determine whether the animal is licensed, registered or otherwise identifiable, and may return the animal to its owner, or if the Animal Control Officer finds it necessary for the protection of the animal or of the public to keep the animal in custody, the Animal Control Officer shall notify the owner of the animal within a reasonable time by telephone, regular mail, personal contact or by posting at the residence of the owner that the animal has been impounded, the reasons therefor, and whether and/or how it may be redeemed.

B.   Any animal not displaying a traceable license tag or other form of identification impounded pursuant to this chapter shall be held for its owner at least seventy-two (72) hours commencing with the apprehension.

C.   Any animal displaying a traceable license, tag or other form of identification impounded pursuant to this chapter shall be held for its owner at least one hundred twenty (120) hours commencing with notification.

D.   All impound periods shall continue to run, during nonbusiness hours, weekends and holidays.

E.   The Animal Control Officer or the staff of a town-designated animal shelter may cause to have provided necessary vaccinations against contagious diseases to any impounded animals.

F.   Any impounded animal not redeemed by its owner during the prescribed period, or which is suffering from a serious injury or disease as determined by the Animal Control Officer or the person in charge of a town- designated animal shelter, may be humanely destroyed. Any impounded animal not redeemed by its owner during the prescribed period may be made available for adoption or, in the discretion of such custodian, may be held for a longer period. Redemption of an impounded animal by its owner or adoption by any other person, after being held for the prescribed period, may be conditioned upon payment of reasonable medical fees, licensing and registration fees if the animal is not registered, impound and holding costs, and any other chargeable fees.

G.   Any dog or cat impounded by the Animal Control Officer and made available for adoption by the town-designated animal shelter shall be neutered prior to adoption. Except, that an animal deemed by a licensed veterinarian to be suffering any condition making it unsuitable for neutering, may be stayed such procedure until conditions improve. Expenses of neutering shall not be borne by the town.

H.   No live animal impounded pursuant to this chapter shall be used, donated or sold for experimentation purposes.

I.    The owner of any animal impounded pursuant to the provisions of this chapter may redeem the animal according to the procedures set out in this chapter; provided, that subject to the appeal procedures of this chapter, redemption may be denied to an owner who has cruelly treated an animal as defined in this chapter or to an owner of an animal believed to have engaged in nuisance or destructive behavior as defined in Section 67-20; and provided, that such owner file the appeal from a denial of redemption with the Municipal Court before closure of such office on the seventh business day following service of the notice of the denial. If service by mail, service shall be deemed complete upon the third day following the day upon which notice is placed in the mail.

J.    Animals delivered for impoundment by Animal Control Officers or police officers that have been removed from the possession of persons detained or incarcerated for a crime shall be held for not less than one hundred twenty (120) hours. An impoundment receipt shall be left with the detained person's possessions along with instructions for redemption. The receipt shall serve as the notice to the owner required by this chapter. An officer should make a reasonable attempt to place the animal with a responsible person, family member of the detained person, or animal rescue service; however, failure to successfully place the animal shall not relieve the animal owner from the responsibility for all reasonable fees associated with impoundment.

 

 

§ 67-40.  Impoundment register.

   The Police Department and town designated animal shelter shall maintain a register of all animals impounded pursuant to this chapter and such register shall show:

A.   The identification tag number and EAID, if any;

B.   Species and breed of the animal;

C.   Description by coloring and markings;

D.   Time and date of impoundment;

E.   Name of person impounding the animal;

F.   Area in which the animal was picked up;

G.   Method and time of notifying the owner, if known, of redemption procedures;

H.   Final disposition of the animal;

I.    Date and time of disposition.

 

 

§ 67-41.  Impounded animals-Custodian.

   The Mayor and Council may, pursuant to contract for animal shelter services, designate one (1) or more custodians of animals impounded pursuant to this chapter. The designated animal custodian(s) shall follow the provisions of this chapter and other town ordinances relating to animal control and shall be subject to all terms and conditions of such ordinances and to the terms and conditions of the contracts which have been or in the future will be executed with the town. Nothing in this section shall prevent the town from obtaining all or any part of animal related services from its own employees and facilities.

 

 

§ 67-42.  Impounded animals-Redemption.

   Any animal impounded pursuant to the provisions of this chapter or other town animal control ordinances may be redeemed upon payment by its owner of all redemption fees as set out below and upon evidence satisfactory to the Animal Control Officer or shelter that the violation has been corrected or by order of the court following an appeal and hearing as set out in this chapter. Redemption fees may include the following:

A.   Actual boarding costs for the animal;

B.   Actual cost of quarantine, if applicable;

C.   Emergency medical expenses due to illness, disease, or injury;

D.   Distrain fee of $20.00;

E.   Licensing $5.00 late fee, if applicable.

   All redemption fees are the obligation of the owner even if the animal is implicitly abandoned or expressed relinquished.

 

 

ARTICLE II  Kennels, Pet Shops, Shelters or Pounds

 

§ 67-43.  License-Application.

   Any person who keeps or operates or proposes to establish a kennel, a pet shop, a shelter or a pound shall apply to the Clerk of the Town of Secaucus for a license entitling him to keep or operate such establishment. The application shall describe the premises where the establishment is located or is proposed to be located and the purpose for which it is to be maintained, and shall be accompanied by the written approval of the Health Officer of the Town, showing compliance with the local and state rules and regulations governing location of and sanitation at such establishments.

 

 

§ 67-44.  License-Expiration.

   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, as provided for by state law, and be subject to revocation by the Town Council on recommendation of the State Department of Health or the Board of Health of the Town of Secaucus for failure to comply with the rules and regulations of the State Department or Board of Health governing the same after the owner has been afforded a hearing by either the State Department or the local Board of Health.

 

 

§ 67-45.  License-Fee.

    The fee for such a license shall be one hundred dollars ($100.) per year.

 

 

ARTICLE IIA  Sale of Cats and Dogs by Pet Shops

[Adopted 3-28-17 by Ord. No. 2017-4]

 

§ 67-45.1.        Definitions.

[Added 3-28-17 by Ord. No. 2017-4]

      Animal care facility - 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. [Added 3-28-17 by Ord. No. 2017-4]

      Animal rescue organization - 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. [Added 3-28-17 by Ord. No. 2017-4]

      Cat - A member of the species of domestic cat, Felis catus. [Added 3-28-17 by Ord. No. 2017-4]

      Dog - A member of the species of domestic dog, Canis familiaris. [Added 3-28-17 by Ord. No. 2017-4]

      Offer for sale - To sell, offer for sale or adoption, advertise for the sale of, barter, auction, give away or otherwise dispose of a dog or a cat. [Added 3-28-17 by Ord. No. 2017-4]

      Pet shop - 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. [Added 3-28-17 by Ord. No. 2017-4]

 

 

§ 67-45.2.        Restrictions on the sale of animals.

[Added 3-28-17 by Ord. No. 2017-4]

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 a cat that is younger than eight (8) weeks old.

 

 

§ 67-45.3.        Enforcement.

[Added 3-28-17 by Ord. No. 2017-4]

   This Article shall be enforced by the Town of Secaucus Police Department, Animal Control Officers and the Board of Health or their designee(s).  Failure to comply with the regulations established may result in the issuance of a summons in accordance with this Article. 

 

 

§ 67-45.4.        Penalties for violations.

[Added 3-28-17 by Ord. No. 2017-4]

   Any person violating any of the provisions of this Article shall be subject to a fine not in excess of two thousand dollars ($2,000.00) for each violation and/or imprisonment for not more than ninety (90) days.

 

 

ARTICLE III  Vicious Dogs

 

§ 67-46.  Seizure and impoundment.

A.   Seizure and impoundment of dog by Animal Control Officer; grounds. An Animal Control Officer shall seize and impound a dog when the officer has reasonable cause to believe that the dog:

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

(2)    Caused bodily injury as defined in N.J.S.A. 2C:11-1(a) to a person during an unprovoked attack and poses a serious threat of harm to persons or domestic animals;

(3)    Engaged in dog fighting activities as described in R.S. 4:22-24 and R.S. 4:22-26; or

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

The dog shall be impounded until the final disposition as to whether the dog is vicious or potentially dangerous. Subject to the approval of the Municipal Health Officer, the dog may be impounded in a facility or other structure agreeable to the owner.

B.   Notice of seizure and impoundment; determination of identity of owner; notice of hearing; return of statement to owner; destruction of dog.

(1)    The Animal Control Officer shall notify the Secaucus Municipal Court and the Secaucus Health Officer immediately that he has seized and impounded a dog pursuant to section 3 of P.L. 1989, c. 307 (C. 4:19-19), or that he has reasonable cause to believe that a dog has killed another domestic animal and that a hearing is required. The Animal Control Officer shall, through a reasonable effort, attempt to determine the identity of the owner of any dog seized and impounded pursuant to section 3 of P.L. 1989, c. 307. If its owner cannot be identified within seven (7) days, that dog may be humanely destroyed.

(2)    The Animal Control Officer shall, within three (3) working days of the determination of the identity of the owner of a dog seized and impounded pursuant to section 3 of P.L. 1989, c. 307 (C. 4:19-19), notify by certified mail, return receipt requested, the owner concerning the seizure and impoundment and that, if the owner wishes, a hearing will be held to determine whether the impounded dog is vicious or potentially dangerous. This notice shall also require that the owner return within seven (7) days, by certified mail or hand delivery, a signed statement indicating whether he wishes the hearing to be conducted or, if not, to relinquish ownership of the dog, in which case the dog may be humanely destroyed. If the owner cannot be notified by certified mail, return receipt requested, or refuses to sign the certified letter, or does not reply to the certified letter with a signed statement within seven (7) days of receipt, the dog may be humanely destroyed.

C.   Agreement between municipality and dog owner. Notwithstanding any provision to the contrary, Secaucus and the owner of the dog may settle and dispose of the matter in accordance with N.J.S.A. 4:19-21.1, at any time in such manner and according to such terms and conditions as may be mutually agreed upon. Notwithstanding any provision of P.L. 1989, c. 307 to the contrary, neither Secaucus nor any of its employees shall have any liability by virtue of having entered into any settlement agreement pursuant to this section, or for any action or inaction related to the entry into such agreement, for any injuries or damages caused thereafter by the dog. Secaucus may, as a condition of the settlement agreement, also require that the owner of the dog hold the municipality harmless for any legal expenses or fees Secaucus may incur in defending against any cause of action brought against Secaucus notwithstanding the prohibition against such causes of action set forth in this section.

D.   Finding to declare dog vicious; grounds. The Municipal Court shall declare the dog vicious if it finds by clear and convincing evidence that the dog:

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

(2)    Has engaged in dog fighting activities as described in R.S. 4:22-24 and R.S. 4:22-26.

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

If the Municipal Court declares a dog to be vicious, and no appeal is made of this ruling pursuant to section 9 of P.L. 1989, C. 307 (C. 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.

E.   Finding 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.A. 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)    Killed another domestic animal, and

(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.A. 2C:11-1(a) to a person if the dog was provoked, or

(b)    Killing a domestic animal if the domestic animal was the aggressor.

For the purposes of paragraph (2)(a) of this subsection, Secaucus shall bear the burden of proof to demonstrate that the dog was not provoked.

F.   Order and schedule for compliance for potentially dangerous dog.

(1)    Obtain potentially dangerous dog license.

(2)    Display a warning sign of potentially dangerous dog on premises.

(3)    Erect and maintain enclosure for potentially dangerous dog.

(4)    Any other conditions as set by the court.

G.   Procedures for appeal. The owner of the dog or the Animal Control Officer may appeal any final decision or order of the Municipal Court by filing an appeal with the Superior Court Law Division.

H.   Liability of owner for cost of impoundment and destruction.

(1)    The owner of a declared vicious or potentially dangerous dog for which all appeals have been exhausted shall be liable to Secaucus for costs and expenses of Secaucus for impounding and destroying the dog.

I.    Duties of owner of potentially dangerous dog.

(1)    The owner of a potentially dangerous dog shall comply with the provisions of the Municipal Court order, and notify the licensing authority if the potentially dangerous dog is at large.

(2)    The owner shall notice the licensing authority, local Police Department and Animal Control Officer within twenty-four (24) hours of the death, sale or donation of a potentially dangerous dog.

(3)    Prior to selling or donating the dog, the owner shall notify the prospective owner that the dog has been declared potentially dangerous.

(4)    Upon the sale or donation of the dog, the owner must notify the department and licensing authority, Police Department and Animal Control Officer of Secaucus of the transfer of ownership and the name, address and telephone number of the new owner.

J.    Violations by owner.

(1)    The owner of a potentially dangerous dog who violates this act is subject to a fine of not more than one thousand dollars ($1,000.) per day. The Animal Control Officer is authorized to seize and impound any potentially dangerous dog whose owner fails to comply with N.J.S.A. 4:14.17 et seq.

K.   Secaucus shall:

(1)    Issue a potentially dangerous dog registration number and red identification tag as long as owner complies with court order.

(2)    Publicize a telephone number for reporting violators of this section.

L.   Fees for license. The annual fee for a potentially dangerous dog license and each renewal thereof shall be seven hundred dollars ($700.).

M. Inspection of enclosure. The Animal Control Officer shall inspect the enclosure and the owner's property at least monthly to determine continuing compliance with this section.

 

 

ARTICLE IV  Animal Population Control

 

§ 67-47.  Cats and dogs to be neutered, eartipped, and vaccinated-Required when.

   Any cat or dog, whose owner is unknown and impounded or surrendered pursuant to this chapter shall be neutered and vaccinated for rabies prior to adoption. Any feral cat impounded or captured pursuant to this chapter shall be neutered, eartipped, and vaccinated for rabies prior to TNR or TRR.

 

 

§ 67-48.  Animal population control measures- Participation.

   The town may, at its option participate in animal population control measures such as entering into agreements for the creation of or participation with spay/neuter clinics, community associations, neighborhood canvassing, and other means to protect public health and safety and to reduce the population of unwanted pets and their offspring.

 

 

§ 67-49.  Cat colonies-Requirements.

A.   The town finds that a properly managed cat colony is a humane means to reduce an unwanted and/or unhealthy cat population over a period of time only when management guidelines are set forth and strictly adhered to.

B.   It shall be unlawful for any person to create or maintain a cat colony in the town unless the following management issues have been addressed to the satisfaction of the Animal Control Officer:

(1)    A safe environment;

(2)    Appropriate shelter;

(3)    Veterinary assistance;

(4)    Reliable feeders.

C.   The Animal Control Officer shall inspect any cat colony location and approve or deny its development or maintenance. As a part of the maintenance of the cat colony, the caretaker shall agree to:

(1)    Provide an assessment of the situation-number of cats, health of cats, suitability of location, impact on neighbors;

(2)    Set up regular feeding schedules;

(3)    A plan for which cats will remain on site;

(4)    Arrange for veterinary care;

(5)     Have a trapping plan approved by the Animal Control Officer;

(6)    Have a placement plan approved by the Animal Control Officer for kittens and tame resocialized adult cats in appropriate adoption venues (eight (8) to nine (9) weeks for kittens);

(7)    Have a socialization plan approved by the Animal Control Officer for kittens between the ages of four (4) and ten (10) weeks that includes:

(a)    Maintaining the kittens with littermates and the queen if possible;

(b)    Introducing the kittens and adults to appropriate handlers;

(8)    Have a plan approved by the Animal Control Officer for ongoing maintenance of the colony-food, water, shelter, trapping new cats, removal of ill or injured cats for veterinary evaluation and care.

 

 

§ 67-50.  Cat colony caretakers-Registration-Ownership exemption.

   Any person undertaking the duties and responsibilities of a cat colony caretaker shall first be registered with the town at no cost. A registered caretaker shall not be considered an owner in or be subject to regulations governing ownership or control of an animal, except as specifically defined in this chapter.

 

 

§ 67-51.  Traps-Humane.

   Any trap used to capture stray dogs or cats shall be constructed in a manner that does not harm the animal.

 

 

§ 67-52.  Trapping-Requirements.

   It shall be unlawful for any person to use inhumane methods to capture stray dogs or cats. Traps and the trapping of stray dogs or cats shall include the following:

A.   Traps shall be covered with breathable material that prevents the trapped animal from viewing its surroundings.

B.   Traps shall not be left unattended for more than two (2) hours.

C.   Traps shall not be left set overnight.

 

 

§ 67-53.  Abandonment prohibited.

   It shall be unlawful for any person to abandon a cat, dog or other animal covered by this chapter except in connection with a TNR program.

 

 

§ 67-54.  Trap to euthanize.

   The practice of trapping cats and/or dogs for the purpose of euthanizing the animal shall be unlawful except in cases of serious disease or injury as determined by a licensed veterinarian. Further, it shall be unlawful to employ or to be employed for the express purpose of trapping and killing free-roaming cats and dogs as a means to eliminate a nuisance. This section shall not prohibit an Animal Control Officer or police officer from carrying out their lawful duties as otherwise specifically permitted under this chapter.

 

 

§ 67-55.  Sanctuary.

   It shall be unlawful to establish or maintain a sanctuary for feral, stray or abandoned animals within the town, except if and where allowed by Zoning Ordinance.

 

 

ARTICLE V  Violation and Penalty

 

§ 67-56.  Penalties for violations.

   Any person violating any of the provisions of this chapter shall be subject to a fine not in excess of two thousand five hundred dollars ($2,500.) for each violation and/or imprisonment for not more than six (6) months.

 

 

ARTICLE VI  Pet Waste

[Adopted 4-24-07 as Ord. No. 2007-16]

 

§ 67-57.  Purpose.

   The purpose of this Article is to establish requirements for the proper disposal of pet solid waste in the Town of Secaucus, so as to protect public health, safety and welfare, and to prescribe penalties for failure to comply.

 

 

§ 67-58.  Definitions.

   For the purpose of this Article, the following terms, phrases, words and their derivations shall have the  meanings stated herein unless their use in the text of this Article 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.

      IMMEDIATE - The pet solid waste is removed at once, without delay.

      OWNER/KEEPER - Any person who shall possess, maintain, house or harbor any pet or otherwise have custody of any pet, whether or not the owner of such pet.

      PERSON - Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.

      PET - A domesticated animal (other than a disability assistance animal) kept for amusement or companionship.

      PET SOLID WASTE - Waste matter expelled from the bowels of the pet; excrement.

      PROPER DISPOSAL - 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 sewerage for proper treatment and disposal.

 

 

§ 67-59.  Requirement for disposal.

   All pet owners and keepers are required to immediately and properly dispose of their pet's solid waste deposited on any property, public or private, not owned or possessed by that person.

 

 

§ 67-60.  Exemptions.

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

 

 

§ 67-61.  Enforcement.

   The provisions of this Article shall be enforced by the Police Department and the local Board of Health and the Town of Secaucus.

 

 

§ 67-62.  Violations and penalty.

   Any person(s) who is found to be in violation of the provisions of this Article shall be subject to a fine not to exceed two thousand two hundred fifty dollars ($2,250.).

 

 

ARTICLE VII  Wildlife Feeding

[Adopted 4-24-07 as Ord. No. 2007-18]

 

§ 67-63.  Purpose.

[Amended 11-24-15 by Ord. No. 2015-49]

   The purpose of this Article is to prohibit the feeding of unconfined wildlife on any property owned or operated by the Town of Secaucus, or on any other property so as to protect public health, safety and welfare, unless specifically part of a Town animal control program or plan, and to prescribe penalties for failure to comply.

 

 

§ 67-64.  Definitions.

   For the purpose of this Article, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this Article 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 — To give, place, expose, deposit, distribute or scatter any edible material with the intention of feeding, attracting or enticing wildlife. Feeding does not include baiting in the legal taking of fish and/or game.

      PERSON — Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to  municipal jurisdiction.

      WILD ANIMALS - Any animal, which is normally not domesticated in this state, including but not limited to, deer, feral cats, foxes, groundhogs, opossums, raccoons, skunks and waterfowl, and any domesticated and/or unlicensed animal, including but not limited to, stray cats and dogs. [Added 6-23-15 by Ord. No. 2015-27]

      WILDLIFE — All animals that are neither human nor domesticated.

 

 

§ 67-65.  Prohibited conduct.

[Amended 6-23-15 by Ord. No. 2015-27]

A.   No person shall feed, in any public park or on any other property owned or operated by the Town of Secaucus, any wildlife or wild animals, excluding confined wildlife (for example, wildlife confined in zoos, parks or rehabilitation centers, or unconfined wildlife at environmental education centers, or feral cats as part of an approved program).

B.   No person shall purposely or knowingly leave or store any refuse, garbage, food product, pet food, forage product or supplement, fruit or grain in a manner that would constitute an attractant to any wildlife or wild animal.

 

 

§ 67-66.  Enforcement.

A.   This Article shall be enforced by the Town of Secaucus Police Department, Animal Control Officers and the Board of Health, or their designee(s). [Amended 11-24-15 by Ord. No. 2015-49]

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

 

 

§ 67-67.  Violations and penalties.

[Amended 6-23-15 by Ord. No. 2015-27]

   Any person(s) who is found to be in violation of the provisions of this Article shall be subject to a fine not to exceed two thousand dollars ($2,000.)

 

 

§ 67-68-67-70.   Reserved.

 

 

ARTICLE VIII  Dog Parks

[Adopted 11-22-16 by Ord. No. 2016-30]

 

§67-71.   Purpose.

[Added 11-22-16 by Ord. No. 2016-30]

   All designated Dog Parks maintained by the Town of Secaucus within the Town of Secaucus’ boundaries shall be governed by the provisions of this section in the interest of the health and safety of all residents, public and the animals using the Town’s Dog Parks.

 

 

§67-72.   Definitions.

[Added 11-22-16 by Ord. No. 2016-30]

   As used in this Article, the following terms shall have the meanings indicated:

      DESIGNATED DOG PARKS – Fenced in dog run areas specified by signage within the Town of Secaucus, including but not limited to, the Dog Park at Mill Creek Point, the Dog Park at Clarendon Field, the Dog Park at Snipes Park and the Dog Park by the Secaucus Animal Shelter located at 525 Meadowlands Parkway. [Added 11-22-16 by Ord. No. 2016-30]

      DOG LICENSE – A current license issued by a governmental authority which represents that a dog has a valid, unexpired rabies inoculation. [Added 11-22-16 by Ord. No. 2016-30]

      HANDLER – An individual at least eighteen (18) years of age who is responsible for dog(s) while at the Dog Park.  This individual may or may not be the owner of the dog(s). [Added 11-22-16 by Ord. No. 2016-30]

 

 

§67-73.   Regulations.

[Added 11-22-16 by Ord. No. 2016-30]

A.   Hours of operation are from dawn to dusk.

B.   Use at your own risk.  Town of Secaucus residents only.

C.   Dogs are the only animals permitted within the Dog Park.  Dogs younger than four (4) months are not permitted.  All dogs must be spayed or neutered.

D.   Dogs must be leashed at all times except within the fenced in area.

E.   No spiked, pronged or choke collars are allowed.

F.   All dogs must wear a valid dog license and be current on vaccinations.

G.   Dog handlers are responsible and liable for the actions and behavior of their dog at all times. No more than two (2) dogs per handler allowed at one time.

H.   Handlers must be in control of their dog at all times.  Do not leave your dog unattended.

I.    No aggressive dogs allowed.  Dogs must be removed from the park at the first sign of aggression.

J.    Do not bring dogs who are ill into the Dog Park.

K.   Handlers are required to clean up after their dog.  Waste bags are to be supplied by dog handlers and disposed of properly in receptacles.

L.   No children under age ten (10) allowed inside the fence.  All children must be accompanied by an adult.

M.  No food of any kind is permitted.

N.   No smoking is allowed.

O.   Dog Parks may be closed for maintenance or for any reason by the Town without prior notice.

P.   All dog bites must be reported to the Secaucus Police Department.

Q.   Dog handlers who fail to comply with the above rules and regulations may receive a summons up to two thousand dollars ($2,000.00), Town Ordinance Chapter 67.

 

 

§ 67-74.  Additional regulations.

[Added 11-22-16 by Ord. No. 2016-30]

   The Superintendent of the Department of Public Works and/or the Town Administrator shall promulgate additional regulations as are necessary to address health and safety concerns.  A copy of such regulations promulgated by the Superintendent of the Department of Public Works and/or the Town Administrator, as modified or amended, shall be available for public inspection at the Office of the Town Clerk during regular business hours.

 

 

§ 67-75.  Enforcement.

[Added 11-22-16 by Ord. No. 2016-30]

   This Article shall be enforced by the Town of Secaucus Police Department, Animal Control Officers and the Board of Health or their designee(s).  Failure to comply with the regulations established for the use of the Dog Parks may result in the issuance of a summons in accordance with this Article. 

 

 

§ 67-76.  Penalties for violations.

[Added 11-22-16 by Ord. No. 2016-30]

   Any person violating any of the provisions of this Article shall be subject to a fine not in excess of two thousand dollars ($2,000.) for each violation and/or imprisonment for not more than six (6) months.

 



1 Editor's Note: Prior ordinance history includes portions of Ordinance Nos. 99 (12-24-41), 12-27-66, 5-17-74, 80-33, 81-26, 85-15, 85-23, 89-38, 89-43 and 98-14.

1 Editor's Note: Ordinance No. 2007-23, codified herein was adopted June 26, 2007.

Ch. 67 ANIMAL CONTROL1
Published by ClerkBase
©2019 by Clerkbase. No Claim to Original Government Works.