[Adopted by Ord. No. 1308 as Ch. 6.04 of the 1998 Code]
For the purpose of this article, the following terms shall have the meanings indicated:
- An animal which has been spayed or neutered by a licensed veterinarian.
- A cat or dog unless the context of usage as set forth in a specific section is clearly otherwise.
- ANIMAL CONTROL OFFICER
- The person appointed by the Township Committee whose duty it shall be to enforce the provisions of this article under the direction of the Board of Health.
- ANIMAL OF LICENSING AGE
- Any animal which has attained the age of seven months or which possesses a set of permanent teeth.
- Any cat, male, female or neutered/spayed.
- Any dog, male, female or neutered/spayed.
- Any establishment wherein or whereon the business of boarding or selling dogs or breeding dogs for sale is carried on, except a pet shop or a veterinary office or clinic.
- LICENSING YEAR
- A calendar year, except this phrase shall be the period from July 1 through June 30 of the following year when referring to cat licensing.
- OTHER ANIMALS
- Any domestic or wild animal other than a cat, dog, insect, mouse, rat or common household pest.
- When applied to the proprietorship of an animal, means every person having a right of property in such animal or every person who has such animal in his keeping or under his dominion. A person shall be deemed to have an animal in his keeping and under his dominion whenever the ownership or custody of any animal is in an unemancipated infant or other member of the household.
- An individual, firm, partnership, corporation or association of persons.
- PET SHOP
- Any room or group of rooms, cage or exhibition pen, not part of a kennel, wherein animals for sale are kept or displayed.
- An establishment maintained and operated for the confinement of animals.
- Includes the failure of the owner or harborer of an animal or animals to prevent the occurrence of any act or the coming into existence of any condition proscribed or otherwise regulated by this article, regardless of the prior knowledge thereof by such owner or harborer.
- The Township of Montville in the County of Morris.
- An animal which has not been spayed or neutered by a licensed veterinarian.
- WILD OR STRAY CAT
- Any cat of unknown ownership over which no person has full control.
The words "and" and "or" may be used interchangeably and either of the two may be applicable, whichever is more conducive towards the effectuating of this article.
Personal pronouns shall mean either the singular or the plural, whichever is applicable and conducive for the effectuating of this article.
The masculine, feminine or the neuter gender shall be implied, whichever is appropriate and conducive for the effectuating of this article.
No person shall keep or harbor or suffer the keeping or harboring within his household of any animal within the Township without first obtaining a license therefor to be issued by the Health Department of the Township upon application by the owner or harborer thereof and payment of the prescribed fee, and no person shall keep or harbor any animal in said Township except in compliance with the provisions of this article.
Any person who shall own, keep or harbor a dog of licensing age shall annually in the month of January apply for and procure from the Health Department of the Township a license and official metal registration tag for each such dog so owned, kept or harbored and shall place upon each such dog a collar or harness with the registration tag securely fastened thereto.
Any person who shall keep or harbor a cat of licensing age shall annually in the month of June apply for and procure from the Health Department of the Township a license and official registration tag for each such cat so owned, kept or harbored and shall place upon each such cat a collar or harness with the registration tag securely fastened thereto.
Annual license fees shall be paid to the Township of Montville as set forth in Chapter 169, Fee Schedule.
Persons adopting animals from the Montville Township Animal Shelter shall pay adoption fees as set forth in Chapter 169, Fee Schedule.
[Amended 4-11-2006 by Ord. No. 2006-17]
Dogs used as guides for blind persons and commonly known as "Seeing Eye" dogs, dogs used to assist handicapped persons and commonly known as "service dogs" or dogs used to assist deaf persons and commonly known as "hearing ear dogs" shall be licensed and registered as other dogs hereinabove provided for, except that the owner or keeper of such dog shall not be required to pay any fee therefor.
No animal license required to be obtained pursuant to the provisions of this article shall be issued unless the person making the application for the license shall present the Department of Health a certificate issued by a duly licensed veterinarian stating that such animal has been inoculated with a rabies vaccine of a type approved by and administered in accordance with the recommendations of New Jersey and/or federal agencies. Such vaccinations shall be repeated at such intervals as provided by regulations of the State Department of Health and Senior Services and Subsection F herein.
Any animal may be exempt from the requirements for vaccination set forth for a specified period of time upon the presentation of a certificate from a duly licensed veterinarian of the State of New Jersey stating that by reason of age, infirmity or other physical condition the vaccination of such animal against rabies for such specified period of time is contraindicated.
No person may own, keep or harbor any dog or cat whose rabies vaccination is not kept current and maintained at all times without interruption. In order to achieve compliance with this subsection, all dogs and cats must be revaccinated on or before the expiration date appearing on the certificate of vaccination issued for the animal by a duly licensed veterinarian or rabies clinic.
The provisions of this section do not apply to any dog or to any cat held by a state or federal licensed research facility or a veterinary establishment where cats are received or kept for diagnostic, medical, surgical or other treatment or licensed animal shelters, pounds or pet shops.
The owner of any newly acquired animal of licensing age or of any animal which attains licensing age shall make application for a license and registration tag for such animal within 10 days after such acquisition or age attainment.
The application shall state the breed, sex, age, color and markings of the animal for which license and registration are sought and whether it is of a long-haired or short-haired variety, also the name, street and post office address of the owner and the person who shall keep or harbor such animal.
The information on said application and the registration number issued for the animal shall be preserved for a period of three years by the Health Department of the Township. In addition, it shall forward similar information as may be required to the State Department of Health and Senior Services each month on forms furnished by the Department. Registration numbers shall be issued in the order of the applications.
Any person who shall bring or cause to be brought into the Township any animal licensed in another state for the current year and bearing a registration tag and shall keep the same or permit the same to be kept within the Township for a period of more than 90 days shall immediately apply for a license and registration tag for each such animal unless such animal is licensed under § 91-7 of this article.
Any animal licensed in the State of New Jersey need not be relicensed in the Township during the period in which said license shall be operative and in effect; provided, however, that if the owner shall keep the animal or permit the same to be kept within the Township for a period of more than 10 days after said license has expired, he shall immediately apply for a license and registration tag in the Township.
Any person who shall bring or cause to be brought into the Township any unlicensed animal and shall keep the same or permit the same to be kept within the Township for a period of more than 10 days shall immediately apply for a license and registration tag for each such animal unless such animal is licensed under § 91-7 of this article.
No person, except an officer in the performance of his duties, shall remove a registration tag from the collar or harness of any animal without the consent of the owner, nor shall any person attach a registration tag to an animal for which it was not issued.
Any person who keeps or operates or proposes to establish a shelter, kennel or pet shop shall, in case of a renewal of the license, apply to the Health Department. Applications for new establishments shall be made to the Township Committee.
The 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 Health Officer of the Board of Health of the Township showing compliance with the local and state rules and regulations governing location of and sanitation at such establishments.
All licenses issued for a kennel, shelter or pet shop 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 and be subject to revocation by the Township Committee on recommendations of the Department of Health of the Township for failure to comply with the rules and regulations of the State Department or the Board of Health of the Township governing the same after the owner has been afforded a hearing by either the State Department or the Board of Health of the Township.
Any person holding such license shall not be required to secure individual licenses for dogs owned by such licenses and kept at such establishments for the purposes of sale to the public. However, all such dogs shall be inoculated with rabies vaccine as required by § 91-3.
The total number of kennel and shelter licenses issued and outstanding at the same time in the Township shall not exceed five. Transfer of a license to different premises by a licensee or transferee may be effected upon approval by the Township Committee, as hereinbefore provided in the case of original applications for such license. The Montville Township Animal Shelter shall not be considered to be a licensed facility.
An annual fee shall be paid to the Township of Montville for each dog in accordance with the fees set forth in Chapter 169, Fee Schedule.
The license and tag for each year shall expire on the last day of January of the following year. Any person owning or harboring a dog found to be unlicensed by the Township Animal Control Officer or any other municipal official after March 1 shall be subject to any fines due to a summons issued as a result of failure to obtain a dog license before February 1, provided that sufficient proof is presented to establish the date of acquisition.
An annual fee shall be paid to the Township of Montville for each cat in accordance with the fees set forth in Chapter 169, Fee Schedule.
Late fees shall not be effective until the 1992 licensing year. The license and tag for each year shall expire on June 30 of that licensing year. Any person owning or harboring a cat found to be unlicensed by the Township Animal Control Officer or any other municipal official after August 1 shall be subject to any fines due to a summons issued as a result of failure to obtain a cat license before July 1, provided that sufficient proof is presented to establish the date of acquisition.
Replacement tag. The fee for a replacement license tag for a dog or cat shall be in accordance with the fees set forth in Chapter 169, Fee Schedule.
Adoption fee. Persons adopting animals from the Montville Township Animal Shelter shall pay an adoption fee as set forth in Chapter 169, Fee Schedule.
The owner of any animal which is impounded and/or destroyed pursuant to § 91-14 or 91-21 shall pay all expenses incurred in connection with such action. The fees for initial impoundment, an additional daily maintenance fee, the euthanasia fee and disposal fees shall be set forth in Chapter 169, Fee Schedule, or shall be charged at the rate charged by any entity or individual providing such service to the Township.
Turn-in fees. Any owner surrendering an unwanted animal to the Montville Animal Shelter for adoption or shelter shall pay the fee set forth in Chapter 169, Fee Schedule. Any owner surrendering an unwanted animal to the Montville Township Animal Shelter for euthanasia shall pay a euthanasia fee and a disposal fee per animal as set forth in Chapter 169, Fee Schedule.
Trap rental. Any person renting an animal trap from the Montville Township Animal Shelter shall prepay a rental charge per trap per seven-day period or portion thereof. The fee is set forth in Chapter 169, Fee Schedule. In addition, such person shall post a refundable security deposit fee of $50 per trap. Any such rental shall be made at the sole risk and liability of the renter for injury to persons and/or property during the rental period.
License fees and other moneys collected or received under the provisions of this article shall be forwarded to the Chief Financial Officer of the Township within 48 hours after collection or receipt and shall be placed in a special account separate from any of the other accounts of the Township. This account shall be used for the following purposes only: for collecting, keeping and disposing of dogs liable to seizure under this article for local prevention and control of rabies, for all other purposes prescribed by the statutes of New Jersey governing the subject, for the operational costs of the Township Animal Shelter and for administering the provisions of this article. Any unexpended balance remaining in such special account shall be retained therein and may be used for any of the purposes set forth in this section.
Editor's Note: At the Township's direction, the term "Treasurer" was changed to read "Chief Financial Officer" in this subsection pursuant to Ord. No. 935, adopted 2-7-1989, which ordinance specifically amended other sections of the Code to change the term "Township Treasurer" to "Chief Financial Officer."
The registration tag fee of $1 for each dog shall be forwarded within 30 days after collection by the Township to the State Department of Health and Senior Services, together with any other fees required to be paid to the state.
No animal kept in a kennel, shelter or pet shop shall be permitted off such premises except on a leash or in a crate or other safe control.
The Health Department of the Township shall forward to the State Department of Health and Senior Services a list of all kennels, shelters and pet shops licensed within 30 days after the licenses thereof are issued, which list shall include the name and address of the licensee and the kind of license issued.
The Animal Control Officer of the Township shall, for dogs, and may, for cats, promptly after February 1 of each year, cause a canvass to be made of all animals owned, kept or harbored within the limits of the Township and shall report to the Clerk of the Township, the Board of Health of the Township and the State Department of Health and Senior Services the results thereof, including such information as may be required by the State of New Jersey.
The Township Committee shall, by resolution, appoint at such times and for such terms as may from time to time seem expedient one or more Animal Control Officers, dog catchers and poundmasters, whose duty it shall be to enforce the provisions of this article.
All police officers of the Township, regular and special, and Township Health Department employees and the Animal Control Officer are hereby given full power and authority and are charged with the duty to enforce this article.
The Animal Control Officer of the Township shall take into custody and impound or cause to be taken into custody and impounded and thereafter destroy or dispose of the following as provided in this section:
Any animal off the premises of the owner or of the person keeping or harboring said animal which the Animal Control Officer has reason to believe is a stray.
Any animal off the premises of the owner or of the person keeping or harboring said animal without a current registration tag on his collar or harness.
Any female animal in season off the premises of the owner or of the person keeping or harboring said animal.
If any animal so seized wears a collar or harness having inscribed thereon or attached thereto the name and address of any person or a registration tag or if the owner or the person keeping or harboring said animal is known, the Animal Control Officer shall forthwith serve on the person whose address is given on the collar or on the owner or the person keeping or harboring said animal, if known, a notice, in writing, stating that the animal has been seized and will be liable to be disposed of or destroyed if not claimed within seven days after the service of the notice.
A notice under this section may be served either by delivering it to the person to whom it is to be served or by leaving it at the person's usual or last known place of abode or at the address given on the collar or by forwarding it by post in a prepaid letter addressed to that person at his or her usual or last known place of abode or to the address given on the collar.
When an animal so seized has been detained for seven days after notice, when notice can be given as above set forth, or has been detained for seven days after seizure, when notice has not been and cannot be given as above set forth and if the owner or person keeping or harboring said animal has not claimed said animal and paid all expenses as set forth in § 91-8, or, if the animal is unlicensed at the time of the seizure and the owner or the person keeping or harboring said animal has not produced a license and registration tag for said animal, if one is required, the Animal Control Officer may cause the animal to be destroyed in a manner causing as little pain as possible and the owner or person keeping or harboring said animal shall pay euthanasia and disposal fees as set forth in Chapter 169, Fee Schedule.
The Animal Control Officer of the Township of Montville may place for adoption any unclaimed animal in the custody and impounded within the Township Animal Shelter after seven days of detainment. The adoption of any unclaimed animal in the custody of the Township shall be contingent upon the Animal Control Officer's full discretion as to the unclaimed animal's suitability for adoption. Any unclaimed animal adopted from the Township Animal Shelter shall have no warranty of health, condition, or disposition. The Animal Control Officer of the Township is authorized to promulgate a policy and procedure concerning adoption which shall be amended from time to time as necessary and approved by Montville Township Board of Health.
[Added 4-11-2006 by Ord. No. 2006-17]
Any person authorized or empowered to perform any duty under this article is hereby authorized to go upon any premises to seize for impounding any animal or animals which he may lawfully seize and impound when such person is in immediate pursuit of such animal or animals, except upon the premises of the owner of the animal if said owner is present and forbids the same.
No person shall hinder, molest or interfere with anyone authorized or empowered to perform any duty under this article.
No person shall keep, harbor or maintain any dog which habitually barks, howls or cries. The habitual barking, howling or crying of a dog or dogs in the Township of Montville is hereby declared to be a disturbing noise within the meaning of N.J.S.A. 40:48-1, Subdivision 8, and is further declared to be a nuisance.
No dog shall run or be at large within the Township; provided, however, that this section shall not be applied to hunting dogs while they are in the woods and fields of the Township and are under the dominion and control of their owners. It shall be deemed a violation of this section if a dog is found off the premises of the owner and not under his control. This provision shall not apply to Police Department dogs.
No animal shall be upon the public streets or in any of the public places of the Township unless such animal is secured by a leash, tether or other suitable device not more than six feet long. This requirement shall not apply to a licensed cat, not in season if female, bearing a proper registration tag, so long as such cat is not conducting itself in such a manner so as to cause a nuisance, the destruction of property or injury to any person or other domestic animal.
No animal shall do any injury to any person or domestic animals or do any damage to any lawn, shrubbery, flowers, grounds or property.
New Jersey State law governing vicious and potentially dangerous dogs and all requirements pertaining to the declaration of vicious and potentially dangerous dogs are set forth in N.J.S.A. 4:19-17 et seq., and said provisions are incorporated herein by reference.
Costs of impoundment to be responsibility of owner. If a dog is declared to be vicious or potentially dangerous pursuant to N.J.S.A. 4:19-17 et seq., the owner shall be liable to the Township for all costs and expenses associated with its impoundment and/or destruction. The fees for impoundment and/or fees for humane destruction shall be charged as set forth in Chapter 169, Fee Schedule.
Any animal involved in a bite or suspected bite of a human being shall be examined by a licensed veterinarian no earlier than the 10th day nor later than the 15th day following the suspected biting incident to certify that the animal in question is free of rabies. This certification shall be forwarded to the Animal Control Officer. It shall be the responsibility and expense of the owner of the animal to secure this certification in the time frame noted. This requirement may be waived by the Health Department in the event that the person bitten is a member of the household of the owner of the animal.
No owner shall fail to provide his animals with sufficient good and wholesome food and water, proper shelter and protection from the weather, veterinary care when needed to prevent suffering and with humane care and treatment. No person shall beat, cruelly ill-treat, torment, overload, over-work or otherwise abuse any animal or cause or permit any dogfight, cockfight, bullfight or other combat between animals or between animals and humans. No owner of any animal shall abandon such animal. No person shall crop a dog's ears except when a licensed veterinarian issues a signed certificate that the operation is necessary for the dog's health and in no event shall any person except a licensed veterinarian perform such an operation.
No person owning, harboring, keeping or in charge of any dog shall cause, suffer or allow such dog to soil, defile, defecate on or commit any nuisance on any common thoroughfare, sidewalk, passageway, bypath, play area, park or any place where people congregate or walk or upon any public property whatsoever or upon any private property without the permission of the owner of said property. The restrictions in this section shall not apply to that portion of the street lying between the curblines, which shall be used to curb such dog under the following conditions:
The person who so curbs such dog shall immediately remove all feces deposited by such dog in any sanitary method.
The feces removed from the aforementioned designated area shall be disposed of by the person owning, harboring, keeping or in charge of any dog curbed in accordance with the provisions of this section in a sanitary manner.
No person shall abandon a dog, cat or other animal in any shelter, pound or veterinary clinic or on any public or private property in the Township. If any dog, cat or other animal is so abandoned, the person abandoning such dog, cat or other animal shall be subject to the fees for holding the dog, cat or other animal for the required number of days for all strays and shall also be subject to the cost of all veterinary fees for the doctoring of that animal and also for disposing of such animal if it is deceased.
No person, other than the Township Animal Control Officer or his or her authorized designee, shall trap a wild or stray cat for any purpose whatsoever and return or release such animal to a free environment.
Any person who violates or who fails or refuses to comply with any provision of this article, except for § 91-24, or the rules and regulations promulgated by the State Department of Health and Senior Services pursuant to N.J.S.A. 4:19-15.14 shall be liable to a penalty of not less than $25 nor more than $100 for each offense, to be recovered by and in the name of the Commissioner of Health of the State of New Jersey or by and in the name of the local Board of Health of the Township or by and in the name of the Township, as the case may be, except that for the first offense in cases of violation of § 91-2, 91-4A, 91-5 or 91-23 of this article, the penalty shall be not less than $15 nor more than $50. In addition, any person who is convicted of a violation of any provision of this article, except for § 91-24, may, in the discretion of the court, be sentenced to the county jail for a period not exceeding 30 days.
The Municipal Court of the Township shall have jurisdiction to hear and determine in a summary manner proceedings for violations of any of said provisions of this article. Penalties for such violations may be enforced and recovered pursuant to the Penalty Enforcement Law, N.J.S.A. 2A:58-10 et seq., or in any manner permitted by law.
A person who refuses or neglects to pay the amount of a judgment rendered against him and the costs and charges incident thereto shall be committed by the Court to the county jail for a period not exceeding 10 days in the case of the first conviction, and in the case of a conviction for a second, subsequent or continued violation, for a period not exceeding 30 days.