Editor's Note: The relevant Statutory provisions are found
in N.J.S.A. 4:19-15 et seq. See also Board of Health Code, Animals,
Chapter BH14. For regulations prohibiting the feeding of waterfowl
and pigeons see Section 3-15.
[1973 Code § 6-1]
The objectives of this chapter are:
a.
To
protect the public and animals from the spread of rabies to animals
and humans, since rabies is transmissible to humans and is fatal in
all cases; and
b.
To
protect the public from animal related nuisances and threats to public
health, safety and welfare.
It has been determined that these objectives can be fostered
by assuring that animal owners meet responsibilities for the control
and care of their cats as well as dogs.
[1973 Code § 6-2]
The following words and terms shall have the meanings herein
indicated for the purposes of this chapter:
shall mean a dog or cat.
shall mean any member of the domestic feline species, male,
female or altered.
shall mean any cat which attained the age of seven (7) months
or which possesses a set of permanent teeth.
shall mean any dog, bitch or spayed bitch.
shall mean any dog which has attained the age of seven (7)
months or which possesses a set of permanent teeth.
shall mean any person exercising control over an animal,
or permitting an animal to remain on premises under his/her control.
shall mean any establishment wherein or whereon the business
of boarding or selling animals, or breeding animals for sale, is carried
on, except a pet shop.
when applied to the proprietorship of an animal, shall mean
and include every person having a right of property in such animal
and every person who has such animal in his keeping.
shall mean any room or group of rooms, cage or exhibition
pen, not part of a kennel, wherein animals for sale are kept or displayed.
shall mean an establishment for the confinement of animals
seized either under the provisions of this chapter or otherwise.
shall mean any establishment where animals are received,
housed and distributed without charge.
shall mean any animal which has been declared by a Municipal
Judge to be a vicious animal which has attacked or bitten any human
being or which habitually attacks other animals or domestic animals.
[1973 Code § 6-3.1]
Licenses shall be required for the following dogs and cats of
licensing age:
a.
Any dog or cat owned or kept within the Borough by a resident of
the Borough on the first day of January of any calendar year.
b.
Any dog or cat acquired by any person during the course of any calendar
year and kept within the Borough for more than ten (10) days after
acquisition.
c.
Any dog or cat attaining licensing age during the course of the calendar
year.
d.
Any unlicensed dog or cat brought into the Borough by any person
and kept within the Borough for more than ten (10) days.
e.
Any dog or cat licensed by another State brought into the Borough
by any person and kept within the Borough for more than ninety (90)
days.
[1973 Code § 6-3.2]
No license and official registration tag for any dog or cat
shall be granted unless the owner thereof provides written evidence
that such dog or cat has been inoculated with the proper rabies vaccine.
[1973 Code § 6-3.3]
Each application for a license under this chapter shall give
the following information:
a.
A general description of the animal sought to be licensed, including
breed, sex, age, color and markings, and whether the animal is of
a long- or short-haired variety.
b.
Name, street and post office address of the owner of, and the person
who shall keep or harbor the animal.
Registration numbers shall be issued in the order in which applications
are received.
[1973 Code § 6-3.4]
Applications for licenses for animals which are required to be licensed by the provisions of subsection 5-3.1a, shall be made before the first day of February of each calendar year. In all cases, the application for a license shall be made within ten (10) days of the day upon which the animal in question first becomes subject to the provisions of this section.
[1973 Code § 6-3.5]
The information on all applications under this chapter and the
registration number issued to each licensed animal shall be preserved
for a period of three (3) years by the Borough Clerk. In addition,
the Clerk shall forward similar information to the State Department
of Health each month on forms furnished by the Department.
[1973 Code § 6-3.6; Ord. No. 13-2004; Ord. No. 19-2008 § 1]
The person applying for a license shall pay a fee of thirteen
($13.00) dollars for each dog that has not been neutered and ten ($10.00)
dollars for each dog that has been neutered. Proof of neutering must
be presented by the animal's owner at the time of licensing.
A fee of eight ($8.00) dollars shall be paid for each cat to be licensed.
The same fee shall be charged for the annual renewal of each license.
Any person who shall own, keep or harbor an unlicensed animal
of licensing age after the last day of February of the year in which
the license expires, shall be required to pay a delinquent licensing
fee of five ($5.00) dollars for each license applied for herein. The
payment of the delinquent licensing fee shall not in any manner relieve
the person from liability for violation of this chapter before the
Municipal Court.
[1973 Code § 6-3.7]
Each animal license and registration tag shall expire on the
last day of December of the calendar year in which it was issued.
[1973 Code § 6-3.8]
The provisions of this section shall not apply to any animal licensed under Section 5-4 of this chapter.
Dogs used as guides for blind persons and commonly known as
"seeing-eye dogs" shall be licensed in the same manner as other dogs,
except that the owner or keeper shall not be required to pay any fee.
[1973 Code § 6-4.1]
Any person who keeps, operates or proposes to establish a kennel,
pet shop, shelter or pound shall apply to the Borough Clerk for a
license entitling him/her to keep or operate such establishment. Any
person holding such license shall not be required to secure individual
licenses for animals owned by the licensee and kept at these establishments;
these licenses shall not be transferable to another owner or different
premises.
[1973 Code § 6-4.2]
The application shall contain the following information:
a.
The name and permanent and local address of the applicant.
b.
The street address where the establishment is located, or proposed
to be located, together with a general description of the premises.
c.
The purposes for which it is to be maintained.
d.
The maximum number of animals to be accommodated by the establishment
at any one time.
[1973 Code § 6-4.3]
No license shall be issued until the proposed licensee submits
a written statement from the Health Officer of the Board of Health
that the establishment or proposed establishment complies with the
local and State rules governing the location of and sanitation at
the establishment.
[1973 Code § 6-4.4]
All licenses issued for a kennel, pet shop, shelter or pound
shall state the purpose for which the establishment is maintained
and all licenses shall expire on the last day of January of each year.
[1973 Code § 6-4.5; Ord. No. 13-2004]
Pursuant to N.J.S.A. 4:19-15.9, the annual license fees for
kennel and pet shop licenses shall be as follows:
[1973 Code § 6-4.6]
All licenses issued for a kennel, pet shop, shelter or pound
shall be subject to revocation by the Borough Council on recommendation
of the State Department of Health or the Board of Health of the Borough
for failure to comply with the rules and regulations of the State
Department of Health or the Borough Board of Health, after the owner
has been afforded a hearing by either the State Department of Health
or the Borough Board of Health.
Any person holding a license to establish, keep or operate a
kennel, pet shop, shelter or pound shall comply with all Borough ordinances
and the rules and regulations promulgated by the State Department
of Health governing the sanitary conduct and operation of kennels,
pet shops, shelters and pounds, the preservation of sanitation therein,
and the prevention of the spread of rabies and other diseases of animals
within and from the establishments.
[1973 Code § 6-4.7]
The Borough Clerk shall forward to the State Department of Health
a list of all kennels, pet shops, shelters and pounds licensed within
thirty (30) days after the licenses therefor are issued. The list
shall include the name and address of the licensee and the kind of
license issued.
[1973 Code § 6-4.8]
No animal kept in a kennel, pet shop, shelter or pound shall
be permitted off the premises, except on leash or in a crate or other
safe control.
[1973 Code §§ 6-5; 6-6; New]
Dog and cat license fees and other monies concerning dogs and
cats collected or received under the provisions of this chapter, except
the fees for the Registration Tag, the Clinic Fund and the Non-Spayed/Neutered
Fee, shall be forwarded to the Treasurer of the Borough and shall
be placed in a special account separate from any of the other accounts
of the Borough and shall be used for the following purposes only:
collecting, keeping and disposing of dogs and cats liable to seizure
under this chapter; local prevention and control of rabies; providing
anti-rabies treatment under the direction of the local Board of Health
for any person known or suspected to have been exposed to rabies;
all other purposes prescribed by the Statutes of New Jersey governing
the subject, and for administering the provisions of this chapter.
Any unexpended balance remaining in the special account shall be retained
therein 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 the third fiscal year following, and at the end of each fiscal
year thereafter, there shall be transferred from the special account
to the general funds of the Borough any amount then in the account
which is in excess of the total amount paid into the special account
during the last two (2) fiscal years next preceding.
The fees collected for New Jersey Registration, the Clinic Fund
and Non-Spayed/Neutered Fund for each dog shall be forwarded after
collection to the State Department of Health monthly.
[1973 Code § 6-7]
The Borough shall biannually cause a canvass to be made of all
dogs owned, kept or harbored within the limits of the Borough and
shall report to the Borough Clerk, the Board of Health of the Borough
and to the State Department of Health the results thereof, setting
forth in separate columns the names and addresses of persons owning,
keeping or harboring dogs, the number of licensed dogs owned, kept
or harbored by each person, together with a complete description of
each unlicensed dog.
[1973 Code § 6-8.1]
It shall be the duty of the Police Department and the Animal Control Officer to receive and investigate complaints against animals. If they deem any animal complained of to be a vicious animal, as defined in Section 5-2, they shall report their findings, in writing, to the Municipal Court Judge.
[1973 Code § 6-8.2]
The Municipal Court Judge shall notify, in writing, the owner
or keeper of an allegedly vicious animal that a complaint has been
made and require that person to appear before him at a stated time
and place for a hearing. The Municipal Court Judge shall conduct the
hearing in the same manner as he would conduct the trial of a criminal
case. If the Municipal Court Judge decides that the animal complained
of is a vicious animal, he shall so notify the owner or keeper of
the animal.
[1973 Code § 6-8.3]
No person owning or keeping an animal which has been determined
to be a vicious animal shall permit the animal to be off the property
of the owner or keeper without being securely muzzled.
[1973 Code § 6-9.1]
The Animal Control Officer of the Borough shall take into custody
and impound, or cause to be taken into custody and impounded, any
of the following animals:
a.
Any unlicensed animal running at large in violation of the provisions
of this chapter.
b.
Any animal off the premises of the owner of or the person keeping
or harboring the animal which the Animal Control Officer or his agent
has reason to believe is a stray animal.
c.
Any animal off the premises of the owner of or of the person keeping
or harboring such animal without a current registration tag on its
collar.
d.
Any female animal in season off the premises of the owner of or the
person keeping or harboring the animal.
[1973 Code § 6-9.2]
Any officer 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 animal which he may lawfully seize and
impound when the Officer is in immediate pursuit of the animal, except
upon the premises of the owner of the animal if the owner is present
and forbids same.
[1973 Code § 6-9.3]
If any animal so impounded or seized wears a registration tag,
collar or harness having inscribed thereon or attached thereto the
name and address of any person or the owner of, or the person keeping
or harboring the animal is known, the Animal Control Officer shall
immediately serve on the person whose address is given on the collar,
or of the person owning, keeping or harboring the animal, 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 (7) days
after the service of the notice.
A notice under this subsection may be served either by delivering
it to the person on 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 mail in a prepaid letter
addressed to that person at his usual or last known place of abode,
or to the address given on the collar.
[1973 Code § 6-9.4]
The Animal Control Officer of the Borough is authorized and
empowered to cause the destruction of any unclaimed animal, in as
humane a manner as possible, under any of the following contingencies:
a.
When any animal so seized has not been claimed by the person owning,
keeping or harboring such animal within seven (7) days after notice
or within seven (7) days of the animal's detention when notice
has not been or cannot be given, as set forth in the previous subsection.
b.
If the person owning, keeping or harboring any animal so seized has
not claimed the animal and has not paid all expenses incurred by reason
of its detention, including maintenance.
c.
If the seized animal is unlicensed at the time of its seizure and
the person owning, keeping or harboring the animal has not produced
a license and registration tag as provided in this chapter.
[1973 Code § 6-10]
No person shall own, keep or harbor an animal in the Borough,
except in compliance with the provisions of this chapter and the following
regulations.
[1973 Code § 6-10.1]
All animals for which licenses are required by the provisions
of this chapter shall wear a collar or harness with the registration
tag for the animal securely fastened thereto. Acceptable methods of
displaying the registration tag shall include, but are not limited
to, breakaway collars or elastic collars.
[1973 Code § 6-10.2]
No person, except an officer in the performance of his duties,
shall remove a registration tag from the collar 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.
[1973 Code § 6-10.3]
No person shall hinder, molest or interfere with anyone authorized
or empowered to perform any duty under this chapter.
[1973 Code § 6-10.4]
Editor's Note: See also Chapter III, Section 3-2, Noise.
No person shall own, keep, harbor or maintain any animal which
habitually barks or cries between the hours of 8:00 p.m. and 8:00
a.m.
[1973 Code § 6-10.5]
Editor's Note: See also Section 5-13.
No person owning, keeping or harboring any animal shall suffer
or permit it to run at large on commercial or private property or
upon the public streets or in any public park, public building or
other public place within the Borough.
[1973 Code § 6-10.6]
Editor's Note: See also Section 5-13.
No person owning, keeping or harboring any dog shall suffer
or permit it to be upon the public streets or in any of the public
places of the Borough, unless the dog is accompanied by a person over
the age of twelve (12) years and is securely confined and controlled
by an adequate leash not more than six (6) feet long.
[1973 Code § 6-10.7]
No person owning, keeping or harboring an animal shall permit
or suffer it to do any injury, or to do any damage to any lawn, shrubbery,
flowers, grounds or property.
[1973 Code § 6-11.1]
Whenever a dog, cat or other animal is infected with rabies
or 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 Health Officer and/or the Animal Control
Officer of the Borough immediately. Any such report shall be reduced
to writing at the request of the Health Officer of the Borough.
[1973 Code § 6-11.2]
If a dog, cat or other animal is known or believed to have rabies
or has been bitten by a dog, 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 (6)
months, or such lesser period specified by the State Department of
Health and placed under observation of a veterinarian at the expense
of the owner for such period.
[1973 Code § 6-11.3]
Any animal confined under order of the Health Officer shall
not be released until a certificate of release has been issued by
the Board of Health.
[1973 Code § 6-11.4]
Whenever it becomes necessary to safeguard the public from the
danger of rabies, the Borough Council, 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.
[1973 Code § 6-11.5]
a.
Any such animal running at large during the time of a proclamation
of confinement shall be seized and impounded, unless noticeably infected
with rabies.
b.
All dogs, cats or other animals so noticeably infected with rabies
and displaying vicious propensities shall be killed by the Animal
Control Officer, or any other authorized person, after a written diagnosis
of infection by a veterinarian of the State of New Jersey.
c.
The Animal Control Officer, or any other authorized person, shall
promptly notify, in writing, the Health Officer and the owner, if
known, of the killing and reason for the killing of any dog, cat or
other animal in accordance with the provisions of this section.
[1973 Code § 6-12]
The Borough Council shall have the power to appoint an Animal
Control Officer whose duty it shall be to enforce the provisions of
this chapter. The Borough Council shall also have the power to appoint
one (1) or more persons, to be known as Animal Control Officers, who
may impound unlicensed animals running at large in violation of the
provisions of this chapter.
[Ord. No. 17-2004 § I]
No person shall walk, exercise, permit, suffer or allow a dog
to run at large in or upon any public building, public facility, turfed
area, playground or pedestrian walkway of any public school, public
park or other public recreation area within the Borough except where
dogs on leashes are permitted and in a "designated area" where dogs
may run off leash.
[Ord. No. 17-2004 § II]
[Ord. No. 17-2004 § III]
For the purpose of this section, "designated area" shall be
defined as the "Roseland Dog Park" located in an area designated by
resolution of the Borough Council.
a.
Rules and Regulations.
1.
Use at Your Own Risk. Dog owners are responsible and liable for the
actions and behavior of their dogs at all times.
2.
Dog owners must demonstrate and certify that they have sufficient
liability and insurance as determined by the Business Administrator,
must sign a Borough prepared indemnification as to liability, and
are subject to all other rules and regulations promulgated by the
Administrator.
Any person violating the rules and regulations may receive a summons pursuant to subsection 5-13.2, and/or may be prohibited from using the park or be subject to other sanctions as determined by the Borough Administrator.
3.
The Roseland Dog Park is limited to use by Roseland residents.
[Ord. No. 17-2004 § IV]
[Ord. No. 9-2006 § I]
The purpose of this section is to prohibit the feeding of unconfined
wildlife in any public park or on any other property owned or operated
by Borough of Roseland, so as to protect public health, safety and
welfare, and to prescribe penalties for failure to comply.
[Ord. No. 9-2006 § II]
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this chapter clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
shall mean 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.
shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
shall mean all animals that are neither human nor domesticated.
[Ord. No. 9-2006 § III]
a.
No person shall feed, in any public park or on any other property
owned or operated by Borough of Roseland, any wildlife, excluding
confined wildlife (for example, wildlife confined in zoos, parks or
rehabilitation centers, or unconfined wildlife at environmental education
centers).
[Ord. No. 9-2006 § IV]
[Ord. No. 9-2006 § V]
Any person(s) who is found to be in violation of the provisions
of this section shall be subject to a fine not to exceed one thousand
($1,000.00) dollars or ninety (90) days imprisonment or both.
Editor's Note: See also Chapter V, Animal Control.
[1973 Code § 4-17.1]
As used in this section:
shall mean nondomesticated species of birds commonly known
as swans, geese, brant ducks, river and sea ducks, seagulls, wild
turkeys and any other waterfowl otherwise defined under New Jersey
or Federal law as migratory waterfowl.
[1973 Code § 4-17.2]
No person shall feed, cause to be fed or provide food for migratory
or domestic waterfowl and pigeons in the Borough on lands either publicly
or privately owned, except domestic waterfowl currently allowed by
Borough permit may be fed by their owners on the owner's property.
[1973 Code § 4-17.3]
This section shall not be construed to prohibit humane acts
toward waterfowl in individual cases, such as the temporary nurturing
of a wounded bird on one's own premises.
[1973 Code § 4-17.4]
No person shall abandon, leave or discard any domestic or migratory
waterfowl upon any public or private property within the Borough.
[1973 Code § 4-17.5]
The Police Department, Code Enforcement Officer and the Board
of Health are hereby authorized and directed to enforce the provisions
of this section.
