Borough of Rockaway, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Rockaway 9-13-1990 by Ord. No. 19-90 (Ch. 6 of the 1971 Code of Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. A263.

§ 121-1 Definitions and word usage.

Unless the context of this chapter indicates otherwise, the words and phrases contained in this chapter shall have the meanings ascribed to them in this section:
ANIMAL CONTROL AUTHORITY
Any person or agency designated or certified by the State of New Jersey to enforce the provisions of this chapter.
AT LARGE
Off the premises of the owner and not under the control of the owner or a member of his immediate family, either by leash, cord, chain or otherwise.
CAT
Any member of the feline species regardless of age or sex. "Cat" is a member of the animal species Felis Catus.
CAT OF LICENSING AGE
Any cat which has attained the age of seven months or which possesses a permanent set of teeth.
CATTERY
Any room or group of rooms, cage or exhibition pen, not part of a kennel, wherein cats for sale are kept or displayed.
DOG
Any member of the animal species Canis Familiaris.
DOG OF LICENSING AGE
Any dog which has attained the age of seven months or which possesses a set of permanent teeth.
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.
[Added 10-13-2005 by Ord. No. 17-05]
HARBORER
Any person who provides food and shelter for any domesticated animal on a periodic or temporary basis.
KENNEL
Any establishment wherein or whereon the business of boarding or selling animals or breeding animals for sale is carried on except a pet shop.
LICENSING AUTHORITY
The Borough of Rockaway's Department of Health is hereby charged with administering the issuance and/or revocation of permits and licenses under the provisions of this chapter.
NEUTERED
Rendered permanently incapable of reproduction as certified by a licensed veterinarian.
OTHER ANIMAL
For purposes of this chapter, all animals other than dogs or cats, including but not limited to birds, reptiles, fish, etc., which are harbored, kept or owned or run wild in the Borough of Rockaway.
OWNER
A person having right of property in any animal; who keeps an animal; who has an animal in his care or custody; or who knowingly permits an animal to remain on or about any premises occupied by him.
PERSON
Any individual, firm, corporation, partnership, association, trust, estate or other legal entity.
PET
A domesticated animal (other than a disability assistance animal) kept for amusement or companionship.
[Added 10-13-2005 by Ord. No. 17-05]
PET SHOP
An establishment operated by a person who acquires dogs, cats or other animals bred by others, whether as owner, agent or on consignment, and sells, offers to sell, exchanges or offers for adoption, with or without charge, such dogs, cats or other animals as domestic pets to the general public at wholesale or retail.
WILDLIFE
All animals that are neither human nor domesticated.
[Added 10-13-2005 by Ord. No. 17-05]

§ 121-2 Dog and cat licenses required; fees.

A. 
It shall be unlawful for any person to own, harbor or keep a dog or cat in the Borough of Rockaway without first having obtained a license as required by this chapter. Any person who shall own, keep or harbor a dog of licensing age shall, in January of each year and annually thereafter, apply for and procure from the Borough Clerk of the Borough of Rockaway or such other licensing official as may be designated by the Council of the Borough of Rockaway a license and an official metal registration tag with license number or registration sleeve for each such dog so owned, kept or harbored and shall place upon each such dog a collar or other device with the registration tag securely fastened thereto. Any person who shall own, keep or harbor a cat of licensing age shall, in January of each year and annually thereafter, procure such license in accordance with the procedures outlined in this action for the licensing of dogs. Licenses and registration tags or sleeves are not transferable.
[Amended 7-8-2010 by Ord. No. 13-10]
B. 
Fees.
[Amended 11-14-1991 by Ord. No. 22-91]
(1) 
Any person applying for a dog or cat license, registration tag or registration sleeve shall pay the fee as provided in Chapter A263, Fees, for each dog and cat license. For each annual renewal, the applicant shall pay the same fee for the license and registration tag as for the original license and tag. The application for such dog or cat license shall state the breed, sex, age, color, name and markings of the animal and the name, street and post office address of the owner and the person who shall be harboring such animal. Proof of rabies vaccination is required before a license can be issued.
(2) 
In addition to state mandated fees and/or charges, including registration fees, pilot clinic fund fees and pet population control fund fees, a late charge of double the amount of the current fee shall be assessed whenever an application for renewal of an existing dog or cat license is made after February 28 (or February 29 in a leap year) of each year.
[Amended 7-9-2015 by Ord. No. 10-15]
C. 
The person applying for the license and registration tag and/or sleeve shall pay the fee fixed or authorized. Renewal thereof shall expire on the last day of January in each year. Only one license and registration tag or sleeve shall be required in the licensing year for any dog or cat in the Borough of Rockaway. Any valid New Jersey license tag or sleeve issued by a New Jersey municipality shall be accepted by this municipality as evidence of compliance. Any owner of any such dog or cat will be required to pay only a registration tag fee as provided in Chapter A263, Fees, and will be given a current-year registration tag.
[Amended 11-14-1991 by Ord. No. 22-91; 7-9-2015 by Ord. No. 10-15]

§ 121-3 Vaccination and license requirements.

A. 
Vaccination and license requirements. No person shall own, keep, harbor or maintain any dog or cat over seven months of age within the Borough of Rockaway unless such dog or cat is vaccinated and licensed. The licensing provision of this section does not apply to dogs or cats held in a cattery, kennel or pet shop.
B. 
Vaccination. All dogs and cats shall be vaccinated against rabies by a licensed veterinarian in accordance with the latest Compendium of Animal Rabies Vaccines and Recommendations for Immunization published by the National Association of State Public Health Veterinarians, except as provided for in Subsection P.
C. 
Vaccination certificate. A certificate of vaccination shall be obtained by the dog or cat owner for each dog or cat vaccinated and provided to the licensing authority as proof of rabies vaccination.
D. 
Exemptions. Any dog or cat may be exempted from the requirements of such vaccination for a specified period of time by the Rockaway Borough Health Department upon presentation of a veterinarian's certificate stating that because of an infirmity or other physical conditions, or regimen of therapy, the inoculation of such dog or cat shall be deemed inadvisable.
E. 
Time for applying for license. The owner of any newly acquired dog or cat of licensing age or of any dog or cat which attains licensing age shall make application for license, registration tag or sleeve for such dog or cat within 10 days after such acquisition or age attainment. This requirement shall not apply to a nonresident keeping a dog or cat within the Borough of Rockaway for no longer than 90 days.
F. 
Dogs and cats brought into the Borough of Rockaway. Any person who shall bring or cause to be brought into the Borough of Rockaway any dog or cat licensed in another jurisdiction of the current year and bearing a registration tag or sleeve and who shall keep the same or permit the same to be kept within the Borough of Rockaway for a period of more than 90 days shall immediately apply for a license and registration tag or sleeve for each such dog or cat. Any person who shall bring or cause to be brought into the Borough of Rockaway any unlicensed dog or cat and who shall keep the same or permit the same to be kept within the Borough of Rockaway for a period of more than 10 days shall immediately apply for a license and registration tag or sleeve for each such dog or cat.
G. 
Application, contents and preservation of information. The application shall state the breed, sex, age, color and markings of the dog or cat for which license and registration tag are sought, information as to whether it is spayed/neutered and whether it is of a longhaired or shorthaired variety and also the name, street and post office address and telephone number of the owner and the person who shall keep or harbor such a dog or cat. The information on said application and the registration number issued for the dog or cat shall be preserved for a period of three years by the Certified Animal Control Officer.
H. 
License form and tags. License forms and official tags or sleeves shall be furnished by the Borough, shall be numbered serially and shall bear the year of issuance and the name of the Borough.
I. 
Evidence of inoculation with rabies vaccine or certification of exemption; requirement for license. The Borough Clerk or other municipal official designated by the Council of the Borough of Rockaway to license dogs and cats therein shall not grant any license and official registration tag or sleeve for any dog or cat unless the owner thereof provides evidence that the dog or cat to be licensed and registered has been inoculated with a rabies vaccine of a type approved by and administered in accordance with the recommendations of the United States Department of Agriculture and the United States Department of Human Services or has been certified exempt as provided by Subsection D of this section. The rabies inoculation shall be administered by a duly licensed veterinarian or by such other persons permitted by law to do the same.
J. 
License fee schedule. A license shall be issued after payment of the fee required under § 121-2B of this chapter.
K. 
Person authorized to issue licenses. Unless otherwise provided by resolution of the Mayor and Council, it shall be the duty of the Borough Clerk to issue all license certificates on payment of the license fee required by this chapter, to receive any and all license fees paid for dogs and cats in accordance with this chapter, to keep a record of all such fees, to issue a certificate therefor showing the name and residence of the person paying the fee, together with the number designated upon the registration tag or sleeve furnished therewith, and to pay over all moneys collected for such fees and tags to the Borough Treasurer within 30 days.
L. 
Registration tag to be worn; unofficial tags prohibited.
(1) 
Each and every dog and cat licensed in accordance with this chapter shall wear a collar, sleeve or other device to which shall be securely attached the registration tag required in § 121-2 bearing the number of the license certificate.
(2) 
The use of any other tag as a substitute for those furnished by the Borough is hereby strictly forbidden, and any person found guilty of using such other tag shall be deemed guilty of violating this chapter.
M. 
Loss of license. If a registration tag or sleeve has been misplaced or lost, the Borough Clerk may issue a duplicate license and/or registration tag or sleeve for that particular dog or cat at a replacement fee as provided in Chapter A263, Fees.
[Amended 11-14-1991 by Ord. No. 22-91]
N. 
Proof of licensing. Proof of licensing shall be produced by any person owning, keeping, maintaining or harboring a dog or cat, upon request of any health official or other authorized person.
O. 
Disposition of fees collected from licensing activities. License fees and other moneys collected or received under the provisions of this chapter as they pertain to dog and cat licensing shall be forwarded to the Treasurer of the Borough of Rockaway and shall be placed in a special account separate from any of the other accounts of the municipality and shall be used for the following purposes only: collecting, keeping and disposing of dogs and cats liable to seizure, for local prevention and control of rabies and for administering the provisions of this chapter. Any unexpected balance remaining in such special account shall be retained until the end of the third fiscal year following and may be used for any of the purposes set forth in this section. At the end of said third fiscal year following and at the end of each fiscal year thereafter, there shall be transferred from such special account to the general funds of the municipality any amount then in such account which is in excess of the total amount paid into the special account during the last two fiscal years next preceding.
[Amended 7-9-2015 by Ord. No. 10-15]
P. 
The Certified Animal Control Officer of the Borough of Rockaway shall cause the provisions of this chapter to be enforced as herein provided.

§ 121-4 Licensing of cattery, kennel, pet shop, shelter or pound.

A. 
Any person who keeps or operates or proposes to establish a cattery, kennel, pet shop, shelter or a pound shall apply to the Borough Health Department for a license entitling him to keep or operate such establishment. Such application shall describe the premises where the establishment is located or is proposed to be located and the purpose or purposes for which it is to be maintained and shall be accompanied by the written approval of the Sanitary Inspector of the Borough of Rockaway showing compliance with local and state rules and regulations. Kennels may be located in the Borough only where permitted by the Borough Zoning Ordinance.[1]
[1]
Editor's Note: See Ch. 172, Zoning.
B. 
The annual license fee for a kennel providing accommodation for 10 or fewer dogs and/or cats shall be as provided in Chapter A263, Fees, and for more than 10 dogs and/or cats, as provided in Chapter A263, Fees. The annual license fee for a cattery or pet shop shall be as provided in Chapter A263, Fees. No fee shall be charged for a shelter or a pound. The application for a kennel license shall state the name and address of the owner of said kennel, the location of the kennel and the number of dogs or cats that shall be accommodated and shall be accompanied by written approval of the Health Officer and Certified Animal Control Officer showing compliance with the local and state rules and regulations governing the location and sanitation of such establishment. The kennel license shall not be transferable.
[Amended 11-14-1991 by Ord. No. 22-91]
C. 
All licenses issued for a cattery, 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 January of each year and be subject to revocation by the municipality on recommendation of the New Jersey State Health Department, Borough of Rockaway Health Department or the Certified Animal Control Officer of the Borough of Rockaway for failure to comply with the rules and regulations of the New Jersey State Health Department or the Department of Health of the Borough of Rockaway after the owner has been afforded a hearing by either the New Jersey State Health Department or local Board of Health.

§ 121-5 Certified Animal Control Officer.

A. 
Position created. Pursuant to N.J.S.A. 4:19-15.16b, the position of Certified Animal Control Officer is hereby created.
B. 
Term of office. The term of office of the Certified Animal Control Officer shall be at the pleasure of the Mayor and Council.
C. 
Appointment; requirements to hold office. The Certified Animal Control Officer shall be appointed by the Mayor of the Borough of Rockaway and confirmed by a vote of a majority of the Borough Council. Said Officer shall hold a proper certification issued by the Commissioner of Health of the State of New Jersey pursuant to N.J.S.A. 4:19-15.16a.
D. 
Compensation. The compensation of the Certified Animal Control Officer shall from time to time be fixed by the Mayor and Council by ordinance or, if a salary guide is adopted by ordinance, then by a resolution regularly adopted. Said compensation shall be inclusive of any other salaries or remuneration for any other official duties performed by the same person.
E. 
Duties of Certified Animal Control Officer. The Certified Animal Control Officer of the Borough of Rockaway shall perform any and all duties required to be performed by law, including any and all duties previously assigned to animal wardens or police officers under and by virtue of any law promulgated by the Mayor and Council of the Borough of Rockaway or by ordinance promulgated by the Board of Health of the Borough of Rockaway.
F. 
Duty of the Certified Animal Control Officer to report to the Board of Health. The Certified Animal Control Officer shall make a report to the Board of Health of the Borough of Rockaway of all activities conducted by said Officer in the course of the performance of such duties exercised by said person. A copy of the report filed with the Board of Health shall be forwarded to the Borough Clerk. In the event that the Certified Animal Control Officer requires direction or guidance in the performance of his duties not otherwise mandated by law, the Certified Animal Control Officer shall seek such guidance and direction from the Board of Health of the Borough of Rockaway. Should circumstances make it infeasible for him to do so, the Certified Animal Control Officer shall seek such guidance and direction from either the Health Officer or Mayor of the Borough of Rockaway. Nothing contained in this section shall otherwise require the Certified Animal Control Officer to perform any act contrary to law or the rules or regulations promulgated by the Commissioner of Health of the State of New Jersey in connection with the certification of the Animal Control Officer.

§ 121-6 Biennial animal canvass.

[Amended 10-13-2005 by Ord. No. 17-05]
A. 
The Certified Animal Control Officer of the Borough of Rockaway shall cause an biennial canvass to be made of all dogs and cats owned, kept or harbored within the limited area of the Borough of Rockaway and shall cause a report of the results thereof to be filed with the New Jersey State Health Department.
B. 
The Board of Health shall appoint the necessary person(s) to conduct the biennial canvass on a door-to-door basis and shall, on or before August 20 of each year, submit a report of the results of the canvassing to the Certified Animal Control Officer and the Borough Clerk. That report shall include, at a minimum, the total number of dogs and cats owned, kept and/or harbored within the limited area of the Borough of Rockaway as well as the number of unlicensed dogs and cats discovered, a complete description of those animals and the names and addresses of all persons owning, keeping or harboring any such unlicensed animals.

§ 121-7 Animals running at large; seizure; impoundment.

A. 
Running at large prohibited. It shall be unlawful for any person harboring, owning or possessing any dog or cat to permit the same to run at large. For the purpose of this section, "running at large" shall be defined to be the presence of a dog at any place except upon the premises of the owner. A dog shall not be considered to be running at large if it is on a leash and under the control of a person physically able to control it. No dog shall be permitted on any public beaches in the Borough. For the purpose of this section, "running at large" shall be further defined as the presence of a cat at any place except upon the premises of the owner if that cat is not wearing a registration tag or registration sleeve.
B. 
Impounding animals at large. Any animal running at large and/or threatening public health and safety shall be apprehended and impounded by the Certified Animal Control Officer of the Borough of Rockaway at the expense of the owner or in accordance with the fees established in Subsection D, entitled "Procedures after impounding."
C. 
Entry upon premises for seizure. Any person or agent authorized or empowered to perform any duty under this chapter is hereby authorized to go upon any premises to seize for impounding any dog(s) or cat(s) or any other animal(s) which he may lawfully seize and impound when he is in immediate pursuit of such dog(s) or cat(s) or other animal, except upon premises of the owner of such dog or cat or other animal if said owner is present and forbids such entry.
D. 
Procedures after impounding. After the impounding of any animal, the Animal Control Officer shall proceed in accordance with the procedures outlined in N.J.S.A. 4:19-15.16 concerning the impounding or taking of dogs or animals into custody. In addition to any and all fees or costs as authorized and provided for by the provisions of N.J.S.A. 4:19-15.16, the Animal Control Officer shall be authorized to charge the sum as provided in Chapter A263, Fees, as an initial fee for the impounding of any said animal, together with a charge as provided in Chapter A263, Fees, per day during which said animal was boarded by the Borough of Rockaway. The boarding fee as provided in Chapter A263, Fees, shall be automatically increased to the maximum permissible level as established by appropriate statute. The owner of any animal euthanized by the Borough of Rockaway shall be responsible for all costs associated with euthanasia and disposal.
[Amended 11-14-1991 by Ord. No. 22-91]

§ 121-8 Noise; offensive odors.

A. 
It shall be unlawful for any person knowingly to keep any dog which habitually barks, howls, yelps, whines or cries or any cat which habitually cries, howls or whines to the great discomfort of the peace and quiet of the neighborhood or in such manner as to materially disturb or annoy persons in the neighborhood who are of ordinary sensibilities. Such cats and dogs are hereby declared to be a public nuisance and, pursuant to N.J.S.A. 40:48-1, are also declared to be a disturbing noise.
B. 
It shall be unlawful for any person knowingly to keep or harbor any dog, cat or other animal in such a manner that the premises on which such dog, cat or other animal are so kept or harbored reeks of offensive odors to the extent that the occupants of adjacent premises are materially deprived of their ability to occupy, use and otherwise enjoy those adjacent premises.

§ 121-9 Injuries or threats of injury to persons.

Any person owning, keeping or harboring any dog or cat or other animal shall not permit or suffer it to threaten or commit any injury to a person.

§ 121-10 Injuries to poultry or domestic animals.

Any person owning, keeping or harboring any dog or cat or any other animal shall not permit or suffer it to do any injury or damage to any poultry or other domestic animal.

§ 121-11 Injuries to lawns or gardens; curbing animals.

[Amended 10-13-2005 by Ord. No. 17-05]
A. 
Any person owning, keeping or harboring any pet or any other animal shall not permit or suffer it to do any injury to any lawns, shrubbery, flowers, gardens or other property.
B. 
No person owning, harboring, keeping or in charge of any pet or other animal shall cause, suffer or allow such pet or other animal to soil, defile, defecate on or commit any nuisance on any common thoroughfare, sidewalk, passageway, bypath, play area, park or any place where people congregate or walk or upon any public property whatsoever or upon any private property without the permission of the owner of said property. The restriction in this subsection shall not apply to that portion of the street lying between the curblines, which shall be used to curb such pet or other animal under the following conditions:
(1) 
The person who so curbs such pet or other animal shall immediately remove all feces deposited by such pet or other animal by any sanitary method approved by the local health authority.
(2) 
The feces removed from the aforementioned designated area shall be disposed of by the person owning, harboring, keeping or in charge of any pet or other animal curbed in accordance with the provisions of this chapter by placement in a designated waste receptacle or other suitable container, and discarded in a refuse container which is regularly emptied by the municipality or some other refuse collector; or disposal into a system designed to convey domestic sewage for proper treatment and disposal.

§ 121-12 Presence on public beaches unlawful.

It shall be unlawful for any dog to be on any public beach or in the water adjacent to any public beach in the Borough.

§ 121-13 Feeding wildlife restricted.

[Amended 11-14-1991 by Ord. No. 22-91; 10-13-2005 by Ord. No. 17-05]
No person, whether on public or private property, shall attract or feed wildlife, including but not limited to Canada geese, in such a way that threatens the public safety or creates a public nuisance. Nothing contained herein shall prohibit persons from feeding by throwing or scattering small quantities of food directly to birds or certain small wildlife, such as squirrels, or prohibit persons from feeding certain wildlife and birds on their private property by leaving food for such animals in a manner commonly or ordinarily used for the feeding of these wildlife and birds, such as bird feeders or other receptacles. Any person found to be in violation of this section shall be ordered to cease the feeding immediately.

§ 121-14 Interference with authorities unlawful.

No person shall hinder, molest or interfere with anyone authorized or empowered to perform any duty under this chapter.

§ 121-15 Number of animals restricted; exceptions.

No more than four dogs, six cats of licensing age or a combination of such dogs and cats not to exceed six shall be kept, maintained or harbored at one time, for any length of time, in any residential housing unit or on its grounds or in any industrial or business establishment or on its grounds. This restriction shall not apply to properly licensed catteries, kennels, pet shops, pounds and shelters.

§ 121-16 Cruelty to animals; abandonment.

A. 
No person shall be cruel or inhumane to a dog or cat, said cruelty and inhumanity consisting of beating, torturing, mutilating, cruelly killing or clearly failing to provide food, drink or shelter for a dog or cat or abandoning any dog or cat of which he has charge, either as owner or otherwise.
B. 
No person owning, keeping, harboring or having the care, custody or control of any dog or cat shall abandon such a maimed, sick, infirm or disabled animal or creature to die.

§ 121-17 Dangerous or vicious animals.

A. 
Any dog or cat which has attacked or bitten any human being or which habitually attacks other dogs or cats or domestic animals is hereby presumed to be a vicious dog or cat, for the purposes of this section, until further determination of facts are made as hereinafter provided.
B. 
Any dog or cat which poses a threat of serious bodily injury or death to any person or another domestic animal or which has been trained, tormented, badgered, baited or encouraged to engage in unprovoked attack upon persons or domestic animals shall be declared potentially dangerous or vicious.
C. 
It shall be the duty of the Certified Animal Control Officer or any person authorized by him or the governing body of the Borough to receive and investigate complaints against dogs or cats, and, when any dog or cat complained against shall be deemed by the proper authorities to be a potentially dangerous or vicious dog or cat, as herein defined, said Officer shall file a complaint in the Municipal Court of the Borough, which Court shall thereupon cause the owner or person harboring such dog or cat to be notified, in writing, of the complaint and to appear before said Municipal Court Judge at a stated time and place. Pending the disposition of said complaints, the Certified Animal Control Officer or such other authorized person may order the dog or cat to be muzzled and leashed while being walked and to be confined at all other times.
D. 
The Municipal Court Judge, at the time set for such hearing, shall inquire into the facts and give all interested persons an opportunity to be heard under oath and to be represented by counsel, and the Municipal Court Judge shall decide in accordance with such evidence before him. If the Municipal Court Judge shall decide that such dog or cat complained of is a vicious dog or cat, as defined by this section, notice of such decision shall be given to the owner or person harboring such dog or cat.
E. 
No dog or cat which has been so determined to be a vicious dog or cat shall be permitted to run at large or to be upon any street or public place in the Borough except while securely muzzled and under leash, and the owner or person harboring any such vicious dog or cat who shall suffer or permit such dog or cat to be upon any street, public place or private property in the Borough, other than the property of the owner or person harboring such dog, while not securely muzzled and under leash shall be guilty of a violation of this chapter.
F. 
The owner or harborer of a potentially dangerous or vicious dog or cat shall display, in a conspicuous manner, a sign on his premises warning that a potentially dangerous or vicious dog or cat is on those premises. The sign shall be visible and legible from 50 feet of a suitable enclosure for such dog or cat.

§ 121-18 Rabies control.

A. 
No person shall own, harbor or keep any dog within the Borough which is not currently inoculated against rabies; provided, however, that animals which have not attained the age of seven months or do not have a set of permanent teeth shall not be required to be inoculated, and further provided that any animal 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 animal for said specified period of time shall be deemed inadvisable by said veterinarian.
B. 
Inoculations shall be made by a duly licensed veterinarian of the State of New Jersey or such other person permitted by law to make the same and approved by the Borough Board of Health.
C. 
Whenever a dog, cat or other animal is infected with rabies or is suspected of being infected with rabies or has been bitten by an animal infected with rabies or suspected of being infected with rabies, the person owning or having the care, custody or control of any such animal or any person having knowledge or suspicion of such infection shall notify the Borough Board of Health and/or Certified Animal Control Officer of the Borough immediately. Any such report shall be reduced to writing at the request of the Board of Health of the Borough of Rockaway.
D. 
If a dog or cat or other animal is known or believed to have rabies or has been bitten by a dog or cat or other animal known or suspected of having rabies, the owner of such animal shall be notified, in writing, to have the animal confined for a period of not less than six months or such lesser period specified by the State Department of Health and placed under the observation of a veterinarian, at the expense of the owner, for such period.
E. 
Any animal confined under order of the Borough Board of Health shall not be released until a certificate of release has been issued by said Board.
F. 
Whenever it becomes necessary to safeguard the public from the danger of rabies, the Mayor, upon recommendation of the Borough Board of Health, shall issue a proclamation ordering every person owning or keeping a dog, cat or other animal to confine it securely on his premises unless such animal shall have a muzzle and leash of sufficient strength to prevent the biting of any person.
G. 
Any such animal running at large during the time of the proclamation shall be seized and impounded, unless noticeably infected with rabies.
H. 
All dogs or cats or other animals so noticeably infected with rabies and displaying vicious propensities shall be killed by the Certified Animal Control Officer or any other authorized person after a written diagnosis of infection by a veterinarian of the State of New Jersey.
I. 
The Certified Animal Control Officer or any other authorized person shall promptly notify, in writing, the Borough Board of Health and the owner, if known, of the killing and the reason for the killing of any dog, cat or other animal in accordance with the provisions of this section.
J. 
If, in the opinion of the Health Officer or his designee at the recommendation of the State of New Jersey Department of Health, any animal must be immediately transported to the State of New Jersey Public and Environmental Health Laboratories for the purposes of rabies testing, then the Health Officer or his designee is hereby authorized to do so.
[Added 2-8-2007 by Ord. No. 01-07]

§ 121-19 Quarantine of animals suspected to be rabid.

A. 
The local Board of Health, within its jurisdiction, may serve notice upon the owner or person in charge of a dog, cat or other animal which has attacked or bitten a person to confine the animal, at the expense of the owner or person in charge of it, upon the premises of the owner or person in charge or at some other place designated in the notice, for at least 10 days after the animal has attacked or bitten a person.
B. 
The local Board of Health, within its jurisdiction, shall serve a notice, in writing, upon the owner or person in charge of a dog, cat or other animal known or suspected to have been bitten by an animal known or suspected or being affected by rabies, requiring the owner or person in charge of the animal to kill it or confine it for a period of not less than six months.
C. 
Attending physicians, veterinarians and/or ordinary persons with knowledge of any animal bites shall make a report of any such bites to the Health Officer and/or Borough Clerk of the Borough of Rockaway within 12 hours of the occurrence of those bites.

§ 121-20 Issuance of complaints; confinement or destruction of animal.

A. 
The owner of any dog, cat or other animal that shall have bitten, scratched or caused injury to any person or shall have otherwise violated the provisions of this chapter shall be issued a complaint in violation under this section, and it shall be deemed a separate violation for each animal and each incident and shall not be considered as the same offense for any other section herein.
B. 
Upon the evidence presented and after an examination by a licensed veterinarian, if the Municipal Court Judge or other Judge authorized by law shall deem it necessary for the safety of the public, he may order the animal destroyed or muzzled and/or confined, and he may impose a penalty as set forth in § 121-21. However, upon a conviction of a third offense, the animal shall be destroyed.

§ 121-21 Violations and penalties.

[Amended 11-14-1991 by Ord. No. 22-91; 10-13-2005 by Ord. No. 17-05]
A. 
Any person owning, keeping or harboring any pet, other animal or wildlife who shall be found guilty of violating any provision of this chapter shall, for each offense, upon conviction thereof by the Municipal Judge, be subject to a fine of not less than $100 nor more than $2,000 and/or to imprisonment of a term not to exceed 90 days or to 90 days' community service, all in the discretion of the Court.
[Amended 8-24-2006 by Ord. No. 15-06]
B. 
If upon complaint made by the Certified Animal Control Officer or a member of the Police Department or any citizen of the Borough against the owner or person keeping or harboring a pet, other animal or wildlife and upon hearing before the Municipal Court, such pet, other animal or wildlife shall be found to have caused damage to property or to have committed or threatened injury to a person, the Judge of the Municipal Court may order and direct the owner or person keeping or harboring such pet, other animal or wildlife to keep the pet, other animal or wildlife confined to his premises or restrained upon a leash, if allowed outside his premises, for such limited or unlimited period of time as the Judge of the Municipal Court may prescribe. For failure to comply with such order, the owner or person keeping or harboring such pet, other animal or wildlife shall be subject to the general penalty provisions of this chapter.

§ 121-22 Enforcement.

[Added 10-13-2005 by Ord. No. 17-05]
The provisions of this chapter shall be enforced by the Certified Animal Control Officer or a member of the Police Department or the Rockaway Borough Health Department.