Township of Mendham, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Mendham as indicated in article histories. Amendments noted where applicable.]
[Adopted as Ch. V of the 1998 Revised General Ordinances]

§ 93-1 Definitions.

[Amended by Ord. No. 9-1973]
As used in the article, the following terms shall have the meaning indicated:
ANIMAL
Any animal kept as a farm or domestic animal, including a dog.
[Added 2-24-2004 by Ord. No. 4-2004]
COMMERCIAL PURPOSES
The operation of a kennel for the purpose of financial gain, or the receipt of fees, costs, compensation or other revenue. The presence, exclusive of puppies under the age of three months, of more than seven dogs at a premises or establishment shall give rise to the rebuttable presumption that said premises are operated as a kennel.
[Added 10-23-2012 by Ord. No. 2012-08]
DOG
A male or female, spayed or unspayed, dog.
KENNEL
Any premises or establishment wherein or whereupon the business of breeding, caring for, keeping, housing, selling, or training of dogs for sale, hire or for commercial purposes is carried on.
[Added 10-23-2012 by Ord. No. 2012-08]
OWNER OF A DOG
Any person owning, keeping or harboring a dog.
OWNER OF AN ANIMAL
Any person owning, keeping or harboring an animal.
[Added 2-24-2004 by Ord. No. 4-2004]
TO RUN AT LARGE
To be off the property of the owner and not under the control of the owner, a member of his immediate family, or his or their agent, either by leash, cord, chain or otherwise.

§ 93-2 Licensing of dogs.

A. 
License required. All dogs and kennels shall be licensed in accordance with the provisions of N.J.S.A. 4:19-1 et seq.
B. 
License fees.
[Amended by Ord. No. 10-1972; Ord. No. 11-1977; Ord. No. 12-81; Ord. No. 9-1983; Ord. No. 17-1992; 7-12-2010 by Ord. No. 9-2010[1]]
(1) 
Annual fee.
(a) 
The fee for an annual dog license shall be as provided in Chapter 160, Fees (which includes $1 for the required registration tag and $0.20 to be designated for the Pilot Clinic Fund). The fee for a duplicate license shall be as provided in Chapter 160, Fees.
(b) 
In addition to the preceding subsection, any person applying for a dog license shall pay an additional annual fee as provided in Chapter 160, Fees, for any dog of reproductive age which has not had its reproduction capacity permanently altered through sterilization. This fee is to be designated for the Animal Population Control Fund.
(2) 
Seeing-eye dogs. No license fee shall be required for a dog used as a guide for a blind person and commonly known as a "Seeing Eye" dog, for a dog used to assist a deaf person and commonly known as a "hearing ear" dog, or a service dog.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(3) 
Kennel fee. The license for a kennel fee shall be as provided in Chapter 160, Fees.
(4) 
Delinquent charge. Any person owning, keeping or harboring a dog of licensing age during the month of January in any year who fails to obtain the license required by Subsection A prior to February 1 of that year shall, upon issuance of the license subsequent to February 1, be required to pay a delinquent charge as provided in Chapter 160, Fees, in addition to the fee required by this section, provided that a person who represents evidence that a dog has acquired or became of licensing age after February 1 of that year shall not be required to pay the aforesaid delinquent charge.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
Mailing of license and tag. An applicant desiring that the license and registration tag be mailed to the applicant shall provide a self-addressed stamped envelope for this purpose.
[Added by Ord. No. 8-1990]

§ 93-3 Control of animals.

[Amended by Ord. No. 19-1974; Ord. No. 9-1975; 2-24-2004 by Ord. No. 4-2004]
A. 
Dog nuisances.
[Amended 10-23-2012 by Ord. No. 2012-08]
(1) 
Run at large within the limits of the Township of Mendham at any time.
(2) 
Be off the premises of such owner or person so harboring said dog, except when restrained by a leash or when otherwise under the strict control of some responsible person able to control said dog.
(3) 
Cause any injury to any person.
(4) 
Do any damage to any shrub, tree or other property in the Township of Mendham.
(5) 
Soil or defile or commit any nuisance upon any property, either public or private, within the Township of Mendham.
(6) 
Habitually bark, howl or cry. The habitual barking, howling or crying of a dog or dogs in the Township of Mendham is hereby declared to be a disturbing noise and a nuisance.
(7) 
Be or become a public nuisance or create a condition hazardous to safety and health.
(8) 
Be upon any public playground, schoolyard or public recreation area in the Township of Mendham, while unleashed.
B. 
Notice to owner. If any dog taken into custody by the Animal Control Officer has a collar or harness with a registration tag or other information by which the Animal Control Officer can identify the owner of the dog, the Animal Control Officer shall immediately telephone and mail a written notice to the owner stating the address and telephone number of the place at which the dog is being held and may be redeemed prior to a date set forth in the notice, which date shall not be less than seven days following the date upon which the notice is mailed.
C. 
Charges upon redemption. Upon the redemption of a dog which has been taken into custody and impounded by the Animal Control Officer, the owner of the dog shall be required to pay to the Animal Control Officer charges for maintenance and care in accordance with a schedule approved by the Township Committee.
D. 
Disposition of unredeemed dogs. In the event that a dog taken into custody and impounded by the Animal Control Officer in accordance with the provisions of this section shall not have been redeemed by the owner on or before the date specified in the notice, or in the event the Animal Control Officer does not have the information with respect to the owner of an impounded dog and has held the dog for a period of not less than seven days, or not less than 10 days, in the event a person has been bitten by a dog, then the Animal Control Officer may either:
(1) 
Deliver the dog to any person willing to accept the dog as a pet.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
Cause the dog to be destroyed in a manner causing as little pain as possible.
E. 
Penalty. The general penalty provisions of this Code shall apply to violations of this article. Each day that a violation of this article continues shall be a separate violation.

§ 93-4 Enforcement.

[Amended by Ord. No. 19-1974]
A. 
Animal Control Officer. The Township Committee shall appoint an Animal Control Officer who shall serve until December 31 of the year in which he/she is appointed. Any vacancy in the position of Animal Control Officer shall be filled for the unexpired term only. The Animal Control Officer shall receive such compensation as may be fixed by the Township Committee.
B. 
Duties of the Animal Control Officer. The Animal Control Officer shall take into custody and impound the following dogs within the Township:
(1) 
Any dog which the Animal Control Officer has a reason to believe is a stray dog.
(2) 
Any dog off the premises of the owner without a current registration tag on its collar.
(3) 
Any female dog in season off the premises of the owner.
(4) 
Any dog running at large.

§ 93-5 Licensing of cats.

[Added by Ord. No. 7-90]
A. 
Definitions. As used in this article, the following terms shall have the meaning indicated:
CAT
Includes any member of the domestic feline species, male, female or neutered, which has attained the age of six months or which possesses a set of permanent teeth.
NEUTERED
Rendered permanently incapable of reproduction as certified by a licensed veterinarian.
OWNER OF A CAT
Includes any person residing within the Township who has a right of property in or custody of a cat, who harbors a cat, or who knowingly permits a cat to remain on or about any premises occupied by that person.
B. 
License requirements.
(1) 
Prior to January 31 in each year, the owner of a cat shall apply for and obtain from the duly designated Township Official an annual license and registration tag or registration sleeve with license number for the cat. Every license shall expire on January 31 of the succeeding year. No license shall be transferable from one cat to another cat.
(2) 
Whenever in any year a person becomes the owner of a cat after the date by which cats are required to be licensed, such owner shall apply for a license and registration tag or sleeve for the cat within 20 calendar days, in the event that a currently valid license has been issued by another jurisdiction for the cat and such other jurisdiction required inoculation against rabies as condition of the issuance of the license, the cat need not be licensed in the Township before January 31 next following.
C. 
Application for license; proof of inoculation against rabies; fee for license.
[Amended by Ord. No. 25-1995; 7-12-2010 by Ord. No. 9-2010]
(1) 
The application form for a license shall require the following information: the name and address of the owner of the cat, the name, breed, sex, age, color and markings of the cat, and whether the cat, the name, breed, sex, age, color and markings of the cat, and whether the cat is of the long-haired or shorthaired variety.
(2) 
An application for a license shall not be complete unless it is accompanied by evidence that the cat to be licensed has been inoculated with a rabies vaccine of a type approved by and administered in accordance with the recommendation of the United States Department of Agriculture and the United States Department of Human Services and that the period during which such inoculation is considered to be effective has not expired. This requirement for inoculation shall not apply in the event that a certificate has been issued by a duly licensed veterinarian stating that because of an infirmity, other physical condition or regimen of therapy, the inoculation of a particular cat against rabies is deemed advisable.
(3) 
An applicant for a license shall pay to the Township an annual fee as provided in Chapter 160, Fees, for each cat. The amount of the fee shall not be prorated by reason of date upon which the license may be issued. An additional delinquent fee shall be due in the event that an application is not made by the date or within the time required. There shall also be a duplicate license fee.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
Registration tag or sleeve. The registration tag or registration sleeve issued for a cat shall bear the serial number assigned, the year and the name of the Township. The owner of the cat shall cause the tag or sleeve to be displayed upon the cat at all times. A breakaway or elastic collar may be used.
E. 
Exhibit of license. The owner of a cat shall produce the current license issued for the cat upon the request of the Township Animal Control Officer, a Police Officer or other Township Official.
F. 
Charge for replacement of lost license, registration tag or sleeve. The Township shall issue a duplicate license, registration tag or sleeve for a charge for each item requested, in an amount provided in Chapter 160, Fees.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
G. 
Use of license fees collected.
(1) 
License fees collected in accordance with the provisions of Subsection C shall be expended by the Township for the following administrative costs of licensing cats, purchase of registration tags and sleeves, providing annual rabies clinics under the direction of the Township Board of Health, administering the Township animal control programs and enforcing the provisions of this section.
(2) 
Any person who fails to comply with the requirements of This section shall be subject to a penalty as set forth in § 93-8.

§ 93-6 Annual canvass. [1]

Pursuant to N.J.S.A. 4:19-15.15, as amended, the Animal Control Officer of the Township or his designee shall annually cause a canvass to be made of all dogs owned, kept or harbored within the limits of the Township as prescribed by N.J.S.A. 4:19-15.15, as amended, and shall report to the Clerk, the Board of Health and the State Department of Health and Senior Services the results thereof in compliance with state statutes.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 93-7 Dog nuisances. [1]

No person owning, keeping, harboring, walking or in charge of any dog shall cause, suffer, permit or allow such dog to soil, defile, defecate on or commit any nuisance on any common thoroughfare, street, sidewalk, passageway, road bypass, play area, park or any place where people congregate or walk or upon any public property whatsoever or upon any private property without permission of the owner of the private property. If any such person shall permit such dog to soil, defile, defecate on or commit any nuisance on the areas, such person shall immediately remove and dispose of all feces and droppings deposited by such dogs, which removal shall be in a sanitary manner by a shovel container, disposal bag or the like. In a multidwelling complex, the tenant dog owner shall take his dog to the only designated walking area or other area which shall be provided and maintained in a sanitary manner by the management of the complex. The dog owner shall maintain his own property in a sanitary manner in order to prevent any noxious odors or any other public health nuisance to neighbors. This section shall not apply to or be enforced against blind persons in connection with their use of Seeing Eye dogs.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 93-8 Violations and penalties.

[Added 4-12-1999 by Ord. No. 7-1999[1]]
Except as provided in N.J.S.A. 4:19-15.19, a person violating any provision of this article shall, upon conviction thereof, be liable to the general penalty in Chapter 1, General Provisions, Article II, of the Township Code.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Adopted 3-28-2006 by Ord. No. 11-2006 (Sec. 3-11 of the 1998 Revised General Ordinances)]

§ 93-9 Definitions.

As used in this article, the following terms shall have the meanings indicated:
FEED
To give, place, expose, deposit, distribute or scatter any edible material with the intention of feeding, attracting or enticing wildlife. "Feeding" does not include baiting in the legal taking of fish and/or game.
PERSON
Any individual, corporation, company, partnership, firm, association or political subdivision of this State subject to municipal jurisdiction.
WILDLIFE
All animals that are neither human nor domesticated.

§ 93-10 Purpose.

The purpose of this article is to prohibit the feeding of unconfined wildlife in any public park or on any other property owned or operated by the Township of Mendham so as to protect public health, safety and welfare.

§ 93-11 Prohibited conduct.

No person shall feed, in any public park or on any other property owned or operated by the Township of Mendham, any wildlife, excluding confined wildlife (for example: wildlife confined in zoos, parks or rehabilitation centers, or unconfined wildlife at environmental education centers, or feral cats as part of an approved trap-neuter-release program).

§ 93-12 Violations and penalties.

Penalties shall be subject to a fine in the maximum amount permitted by law.