[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.
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:
Any person or agency designated or certified by the State
of New Jersey to enforce the provisions of this chapter.
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.
Any member of the feline species regardless of age or sex.
"Cat" is a member of the animal species Felis Catus.
Any cat which has attained the age of seven months or which
possesses a permanent set of teeth.
Any room or group of rooms, cage or exhibition pen, not part
of a kennel, wherein cats for sale are kept or displayed.
Any member of the animal species Canis Familiaris.
Any dog which has attained the age of seven months or which
possesses a set of permanent teeth.
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]
Any person who provides food and shelter for any domesticated
animal on a periodic or temporary basis.
Any establishment wherein or whereon the business of boarding or selling animals or breeding animals for sale is carried on, except a pet shop. Pet day-care establishments are considered as kennels under this chapter. The definition of "kennel" shall not include a residential property where dogs or cats are bred or harbored on the premises, provided the number of dogs or cats of licensing age on such premises does not exceed the number provided in § 121-15; and provided the property owner or tenant occupying the residential property is not in violation of zoning, nuisance or animal control regulations.
[Amended 10-12-2017 by Ord. No.
17-17]
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.
Rendered permanently incapable of reproduction as certified
by a licensed veterinarian.
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.
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.
Any individual, firm, corporation, partnership, association,
trust, estate or other legal entity.
A domesticated animal (other than a disability assistance
animal) kept for amusement or companionship.
[Added 10-13-2005 by Ord. No. 17-05]
A retail establishment open to the public and engaging in
the business of selling dogs or cats, or both, at retail. Any person
who sells, exchanges, or otherwise transfers only dogs, cats or other
animals that were bred and reared on the premises owned by the person
shall be considered a breeder and not a pet store.
[Amended 10-12-2017 by Ord. No.
17-17]
A person who owns or operates a pet shop, or both.
[Added 10-12-2017 by Ord. No.
17-17]
All animals that are neither human nor domesticated.
[Added 10-13-2005 by Ord. No. 17-05]
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]
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.
[Amended 11-14-1991 by Ord. No. 22-91; 10-12-2017 by Ord.
No. 17-17]
A.
License required; contents; term; transfer. As set forth in N.J.S.A.
4:19-15.8, any person who keeps or operates or proposes to establish
a kennel, pet shop, shelter or pound shall apply annually to the Borough
of Rockaway Health Department for a license entitling the person to
keep or operate such establishment. All licenses issued for a kennel,
pet shop, shelter or pound shall state the purpose for which the establishment
is maintained, shall expire on the last day of June of each year,
and shall not be transferable to another owner or different premises.
B.
Prohibition. No pet shop, pet shop operator, kennel or kennel operator
shall sell, offer for sale, barter, auction, breed or otherwise improperly
dispose of dogs or cats, or both. Nothing contained herein shall prohibit
a shelter, pound or other nonprofit establishment from keeping, displaying,
offering for adoption, selling or otherwise transferring any dog or
cat that has been seized, rescued or donated.
C.
Exemption from requirement for licensing of individual animals. Any
person holding such license shall not be required to secure individual
licenses for animals owned by such licensee and kept at such establishment.
D.
Applicability of zoning regulations. Zoning ordinance provisions
relating to kennels shall supersede and have priority over the provisions
of this section relating thereto.
E.
Maximum number of licenses. The number of kennel licenses issued
and outstanding at the same time in the Borough shall not exceed five.
This provision shall not affect renewal of existing licenses.
F.
All kennels, pet shops, shelters and pounds shall be inspected as
per state regulations covering animal facility operations, N.J.A.C.
8:23A-1.1 et seq. The Borough of Rockaway Health Department shall
post the inspection report, with the appropriate corresponding placard
in a conspicuous location within the facility after inspection.
G.
The owners/operators of any pet shop offering for sale any reptiles
(including, but not limited to, iguanas, snakes and/or lizards) shall
issue to purchasers of reptiles, a "health alert for reptiles" warning
notice, as provided by the New Jersey State Department of Health,
on the possible spread of salmonella as a result of handling reptiles.
In addition, the owner/operator will also maintain a file with the
purchaser's personal information (name, address and telephone
number) and signature acknowledging receipt and comprehension of the
warning notice.
H.
The owners/operators of any pet shop offering for sale any other
animal which is at any time found by the New Jersey State Department
of Health to pose a health threat must notice the purchaser, in writing,
of such health threat with a copy of the notice to the Borough of
Rockaway Health Department.
I.
In addition to the state pet shop, kennel licensing fee, there will be a local inspection fee based on the square footage of the premises being inspected. Square footage shall include the entire area utilized by the pet shop and/or kennels, both indoors and outdoors. These fees are set forth in Chapter A263, Fees.
[Added 10-12-2017 by Ord. No.
17-17]
A.
The application for the license required by § 121-4 shall describe the premises where the establishment for a cattery, kennel, pet shop, shelter or pound 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 Borough of Rockaway Health Department showing compliance with the local and state rules and regulations governing the location of and sanitation at such establishments.
B.
An applicant must provide the following information to be eligible
for a license to operate a cattery, kennel, pet shop, shelter or pound:
(1)
Facility information, including, but not limited to, registered
owner, address, telephone number, name, location and purpose of establishment.
(2)
Source of water supply and method of sewage disposal.
(3)
Information regarding consulting veterinarian and disease control
program.
(4)
Diagram of the facility, both indoor and outdoor, including
well and septic locations, where applicable.
(5)
Proof of compliance with zoning requirements.
(6)
The appropriate fee.
[Added 10-12-2017 by Ord. No.
17-17]
The annual license fee for a cattery, kennel and pet shop shall be in accordance with the fee schedule in Chapter A263, Fees. No fee shall be charged for a shelter or pound.
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.
[1]
Editor’s Note: Former § 121-6, Biennial animal
canvass, was repealed 10-12-2017 by Ord. No. 17-17.
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]
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.
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.
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.
[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.
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.
[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.
No person shall hinder, molest or interfere
with anyone authorized or empowered to perform any duty under this
chapter.
[Amended 10-12-2017 by Ord. No. 17-17]
No more than five dogs or seven cats of licensing age 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.
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.
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.
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]
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.
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.
[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.
[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.
