[HISTORY: Adopted by the Board of Health
of the Borough of Fanwood as indicated in article histories. Amendments
noted where applicable.]
[Adopted 3-4-1981 as part of the Sanitary Code of the Board
of Health of the Borough of Fanwood, Revision of 1980]
No person shall own, harbor or keep any dog
within the municipal limits of the Borough of Fanwood which is not
inoculated against rabies; provided, however, that dogs which have
not attained the age of six months shall not be required to be inoculated,
and further provided that any dog may be exempt from the requirements
of such inoculation for a specified period of time by the Board of
Health upon the presentation of a certificate from a veterinarian
stating that, because of infirmity or other physical condition, the
inoculation of such dog for said specified period of time shall be
deemed inadvisable by said veterinarian.
The inoculation against rabies shall be performed
each year and shall be performed prior to the procurement of the dog
license required under the Dog Ordinance[1] of the Borough of Fanwood, or evidence shall be presented
at the time of procurement of the dog license by the dog owner that
a three-year inoculation has been performed and that the inoculation
has not expired.
[Adopted 4-6-1994 by Ord. No. 94-01]
A.
It is imperative that the public is protected from
the effects of rabies epizootic to the greatest extent technically
and economically possible. Wildlife rabies cannot be controlled, but
spill over into our domestic animal population is preventable. This
article is intended to serve as a means of developing a long-term
solution to the rabies problem, as well as implementation of appropriate
measures to reduce the problem before demands for solutions and protection
overwhelm available resources and capabilities to effectively respond
to those demands.
B.
An effective barrier can only be established if both
dogs and cats are required to have rabies vaccination. By instituting
mandatory cat licensing and vaccination, the Board of Health will
be able to assess the level of immunity in these species within the
Borough and provide needed resources to meet the rabies challenge.
As used in this article, the following terms
shall have the meanings indicated:
The agency of the Borough of Fanwood ("Borough") charged with enforcing the requirements of Title 26 of the New Jersey Statutes and created pursuant to Chapter 41 of the Borough Code.
Any member of the domestic feline species: male, female or
neutered.
Any cat which has attained the age of seven months, or which
possesses a set of permanent teeth.
Any room or group of rooms, cage or exhibition pen, not part
of a kennel, where cats for sale are kept or displayed.
Any person or agency designated or certified by the State
of New Jersey to enforce provisions relating to licensing and vaccination
of cats.
[Amended 3-3-2003 by Ord. No. 03-01]
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 birdseed, fruit, or 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.
[Added 8-6-2015 by Ord.
No. 15-05-03 (Board of Health)]
The licensing authority is hereby designated as the Board
of Health.
The period from February 1 to January 31 of the following
year during which time the license required by this article shall
be in effect.
Rendered permanently incapable of reproduction as certified
by a licensed veterinarian.
Every person having custody of a cat and every person who
has such cat in his or her keeping or who harbors or maintains a cat
or knowingly permits a cat to remain on or about any premises occupied
by that person. The owner of a cat shall be considered the initial
owner of its kittens. A person who continually feeds a stray cat shall
also be considered its owner.
Any individual, corporation, company, partnership, firm,
association or political subdivision of this state subject to municipal
jurisdiction.
[Amended 8-6-2015 by Ord.
No. 15-05-03 (Board of Health)]
All animals that are neither human nor domesticated.
[Added 8-6-2015 by Ord.
No. 15-05-03 (Board of Health)]
A.
Vaccination and license requirements. No person shall
own, keep, harbor or maintain any cat over seven months old unless
it is vaccinated and licensed and except in compliance with the provisions
of this article. This section shall not apply to cats held in a cattery,
a state or federal research facility, a veterinary establishment where
cats are kept for diagnostic, medical, surgical or other treatments
or licensed animal shelters, pounds, kennels or pet shops.
B.
Vaccination. Except as provided in Subsection D, 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, and with a rabies vaccine of a type approved by and administered in accordance with the recommendations of the United States Department of Agriculture and the United States Department of Human Services.
C.
Vaccination certificate. The owner of each cat must,
as evidence of such vaccination, produce a certificate of vaccination,
which shall be in a form recommended by the state and, if no form
is so recommended by the state, in a form approved by the Board of
Health. Said vaccination must be current through at least March 31
of the following licensing year.
D.
Exemptions. Any cat may be exempted from the vaccination
requirements for a specified period of time by the Board of Health
upon presentation of a veterinarian's certificate stating that, because
of an infirmity or other physical condition, regimen or therapy, the
inoculation of such cat is deemed inadvisable.
A.
License number displayed. Any person who owns, keeps
or harbors a cat of licensing age shall annually apply for and procure
from the licensing authority through the Borough Clerk, upon payment
of the prescribed fee, a license and official registration tag with
license number 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. Acceptable methods of displaying a license
number shall include, but are not limited to, breakaway or elastic
collars. License tags are not transferable.
B.
Time for applying for license.
(1)
The owner of any cat in the Borough shall make application
for a license or renewal thereof on or before January 31 of each year.
Only one license and registration tag shall be required in the licensing
year for any cat in the Borough of Fanwood.
(2)
In the case of cats that become licensing age after
January 31 but before December 31 of the same year, the owner shall
make application for a license tag for such cat within 10 days after
acquisition of age attainment. If a cat becomes licensing age during
the month of January, the owner need only make application for a license
tag for such cat prior to January 31 for the new licensing year.
C.
Cats brought into jurisdiction.
(1)
Any person who brings into or causes to be brought
into the Borough any cat currently licensed in another municipality
in this state or any other state through, at least, December 31 of
the current licensing year and providing evidence to the licensing
authority through the Borough Clerk of the registration tag shall
be permitted to keep said cat within the Borough through the current
licensing year ending January 31 so long as said cat is vaccinated
against rabies through April 1 of the following new licensing year.
(2)
Except as provided in Subsection C(1) above, any person who brings into or causes to be brought into the Borough any unlicensed cat, shall not be permitted to keep the same within the Borough for a period of more than 10 days unless such person shall have applied for a license and registration tag for each such cat within that time period.
D.
Application, contents, preservation of information.
The application for a cat license or renewal thereof shall state the
breed, sex, age, color and markings of the cat, also the name, street
and post office address of the owner and the person who shall keep
or harbor such cat. The information on said application and the registration
number issued for the cat shall be preserved for a period of three
years by the licensing authority.
E.
License forms and tags. License forms and official
tags shall be furnished by the licensing authority through the Borough
Clerk and shall be numbered serially, and shall bear the year of issuance
and the name of the municipality.
F.
Evidence of inoculation. The licensing authority shall not grant a license and official registration tag for any cat unless the owner provides a vaccination certificate pursuant to § 300-5C above or the cat has been certified exempt as provided in § 300-5D above. The rabies inoculation shall be administered by a duly licensed veterinarian permitted by law to do same.
G.
License fee schedule. There shall be paid for each
spay/neutered cat a payment of $10 and a payment of $15 for each unspayed/unneutered
cat. Persons who fail to obtain a license as required with the time
period specified in this article shall be subject to a delinquent
fee of $2 per month, with a maximum of $10.
[Amended 6-1-1994 by Ord. No. 94-02; 3-3-2003 by Ord. No.
03-01; 2-7-2008 by Ord. No. 08-01-02]
H.
Fees, renewals; expiration date of license. The fee
for the renewal of license and registration tag shall be the same
as for an original license. Each original license and registration
tag and renewal thereof shall expire on the 31st day of January, in
the following year.
I.
Loss of license. If a license tag is misplaced or
lost, the licensing authority through the Borough Clerk may issue
a duplicate license and/or registration tag for that particular at
a fee of $1; effective January 1, 2004, at a fee of $5.
[Amended 3-3-2003 by Ord. No. 03-01]
J.
Proof of license. Proof of licensing shall be produced
by any person owning, keeping, maintaining or harboring a cat, upon
request of any health official, police officer, animal control officer
or other authorized person.
K.
Interfering with persons. No person shall hinder,
molest or interfere with anyone authorized or empowered to perform
any duties under this article.
L.
Disposition of fees collected.
[Amended 6-1-1994 by Ord. No. 94-02]
(1)
License fees and other moneys collected or received
under the provisions of this article shall be forwarded to the Treasurer
of the Borough of Fanwood, and shall be placed in a trust account
of the Borough of Fanwood and shall be used for the following purposes
only:
(a)
Collecting, keeping and disposing of cats liable
to seizure.
(b)
For local prevention and control of rabies.
(c)
Providing antirabies treatment under the direction
of the Board of Health for any person known or suspected to have been
exposed to rabies.
(d)
For administering the provisions of this article.
(2)
Such money shall be used to help defray the costs
incurred by a resident of the Borough to pick up injured, deceased
or wild animals which do not belong to them.
A.
An agent designated by the licensing authority may
take cats into custody and impound and later destroy them, release
them to the owner, or offer them for adoption, as provided in this
section, in the following situations:
B.
If any cat is taken into custody whose owner is known
or which is wearing a registration tag, an authorized agent shall
attempt to contact the owner. If the cat is not claimed by the owner
or contact cannot be made with the owner within 48 hours of seizure,
a notice in writing will be sent to the owner stating that the cat
has been seized and is subject to being offered for adoption or destroyed
if not claimed within 14 days after the service of the notice.
C.
Notice under this section shall be deemed to be effective
if served personally, or by leaving it at the person's usual last
known place of abode or at the address given in the license application
or by mailing to any such address by United States mail, postage prepaid.
D.
An authorized agent of the licensing authority may
cause a cat to be offered for adoption or destroyed in a manner causing
as little pain as possible and consistent with the provisions of N.J.S.A.
4:22-19, 14 days after seizure, provided that:
(1)
The cat was not wearing a valid registration tag at
the time of seizure and the owner is unknown;
(2)
A notice was served as provided and the cat was not
claimed; or
(3)
The owner or person keeping or harboring a cat which
was unlicensed at the time of seizure does not, within seven days,
produce a valid license and registration tag for the cat.
[Amended 6-1-1994 by Ord. No. 94-02]
F.
No impounded cat shall be sold or otherwise made available
for the purpose of experimentation.
G.
After observation, any impounded cat shall be reported
immediately to the Health Officer of the Borough.
H.
If an owner requests pickup of a cat to be disposed,
including any kitten(s) born to the parent cat, the owner shall be
responsible for all expenses in connection with disposal of the unwanted
animal(s).
[Added 12-1-2011 by Ord.
No. 11-09-02 (Board of Health)[1]]
A.
No person owning, harboring, keeping or in charge of any cat shall
cause, suffer or allow such animal to soil, defile or defecate upon
any private and/or public property.
B.
Any person who causes, suffers or allows any such animal to defecate
anywhere, except in an area as permitted, shall remove all feces deposited
by such animal by a sanitary method. All pet owners/keepers are required
to dispose immediately and properly of their pet's solid waste
deposited on any property, public or private.
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 Fanwood or any garbage or waste container of any other
person or entity or storm sewer.
[Added 12-1-2011 by Ord.
No. 11-09-02 (Board of Health)]
A.
The keeping, maintenance and/or feeding of stray cats or wild animals
is prohibited. The maintenance and/or feeding of privately owned cats
and/or dogs 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.
B.
No person shall feed on any private property or in any public park,
or any other property owned or operated by the Borough of Fanwood,
any wildlife, excluding confined wildlife.
[Added 8-6-2015 by Ord.
No. 15-05-03 (Board of Health)]
(1)
No person shall feed on any public or private property deer or any
other wildlife.
(2)
Feeding of other songbirds and backyard birds shall be permitted
outdoors at such times and in such numbers that:
(a)
Such feeding does not create an unreasonable disturbance that
affects the rights of the surrounding property owners and renders
other persons insecure in the use of their property; and
(b)
Does not create an accumulation of droppings on the property
and surrounding properties; and
(c)
Does not become an attractant for rodents or other wildlife
animals; and
(d)
Bird feeders are placed at least five feet above the ground.
[Added 8-6-2015 by Ord.
No. 15-05-03 (Board of Health)]
This article shall be enforced by the Health Department and/or
other municipal official of the Borough of Fanwood.
[Amended 12-1-2011 by Ord. No. 11-09-02 (Board of Health); 8-6-2015 by Ord. No. 15-05-03 (Board of Health)]
Any person violating any provision of this article shall be
punished by a fine of not less than $100 for the first offense. Each
day the violation continues shall constitute a separate and distinct
offense not to exceed $2,000.
