Township of West Caldwell, NJ
Essex County
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Table of Contents
Table of Contents
Editor's Note: See also Board of Health, Chapter BH3, Animals.
[1993 Code § 83-1; Ord. No. 1574 § I]
As used in this chapter, the following terms shall have the meanings indicated:
DOG
Shall mean any dog, bitch or spayed bitch.
DOG OF LICENSING AGE
Shall mean any dog which has attained the age of seven months or which possesses a set of permanent teeth.
IMMEDIATE
Shall mean that the pet solid waste is removed at once, without delay.
KEEPER
Shall mean any person exercising control over a dog or pet, or permitting a dog or pet to remain on premises under such person's control.
KENNEL
Shall mean any establishment wherein or whereon the business of boarding or selling dogs or breeding dogs for sale is carried on, except a pet shop.
OWNER
Shall mean when applied to the proprietorship of a dog or pet, includes every person having a right of property in such dog or pet and every person who has such dog or pet in such person's keeping.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
PET
Shall mean a domesticated animal (other than disability assistance animal) kept for amusement or companionship.
PET SHOP
Shall mean any room or group of rooms, cage or exhibition pen, not part of a kennel, wherein dogs for sale are kept or displayed.
PET SOLID WASTE
Shall mean waste matter expelled from the bowels of a pet; excrement.
POUND
Shall mean an establishment for the confinement of dogs seized either under the provisions of this chapter or otherwise.
PROPER DISPOSAL
Shall mean 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.
SHELTER
Shall mean any establishment where dogs are received, housed and distributed.
VICIOUS DOG
Shall mean any dog which has been declared by a Municipal Judge to be a vicious dog, which has attacked or bitten any human being or which habitually attacks other dogs or domestic animals.
[1993 Code § 86-2A]
Licenses shall be required for the following dogs of licensing age:
a. 
Any dog owned or kept within the township by a resident of the township on the first day of January of any calendar year.
b. 
Any dog acquired by any person during the course of any calendar year and kept within the township for more than 10 days after acquisition.
c. 
Any dog attaining licensing age during the course of the calendar year.
d. 
Any unlicensed dog brought into the township by any person and kept within the township for more than 10 days.
e. 
Any dog licensed by another state brought into the township by any person and kept within the township for more than 90 days.
[1993 Code § 83-2]
a. 
Each application for a license under this chapter shall give the following information:
1. 
A general description of the dog sought to be licensed, including breed, sex, age, color and markings, and whether such dog is of a long or short-haired variety.
2. 
Name, street and post office address of the owner of and the person who shall keep or harbor such dog.
b. 
Registration numbers shall be issued in the order in which applications are received.
c. 
Application for licenses for dogs which are required to be licensed by the provisions of subsection 9-2.1a shall be made before the first day of February of each calendar year. In all other cases the application for licenses shall be made within 10 days of the day upon which the dog in question first becomes subject to the provisions of this chapter.
d. 
Every application for such a license shall be accompanied by a certificate from a duly authorized veterinarian or other approved agency that the dog 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 Health, Education and Welfare or has been certified exempt as provided by regulations of the State Department of Health. Such vaccination shall be repeated at intervals as provided by the regulations of the State Department of Health and shall be administered by a duly licensed veterinarian or such other veterinarian permitted by law to do the same.
[1993 Code § 83-3]
The information on all applications under this chapter and the registration number issued to each licensed dog shall be preserved for a period of three years by the Township Clerk/Administrator. In addition, he shall forward similar information to the State Department of Health each month on forms furnished by the Department.
[1993 Code § 83-4; Ord. No. 1566 § 1; Ord. No. 1614 § 1]
The person applying for a license shall pay a fee of $16.20 for each dog. He shall also pay a fee of $3 for each non-altered dog. The person shall receive a license and registration tag for each dog. The replacement fee for a lost registration tag will be $1. The same fees shall be charged for the annual renewal of each license and registration tag.
[1993 Code § 83-5]
Each dog license and registration tag shall expire on the last day of January of the calendar year following the calendar year in which it was issued.
[1993 Code § 83-6]
The provisions of subsections 9-2.1 through 9-2.5 shall not apply to any dog licensed under Section 9-3 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.
[1993 Code § 83-6.1; Ord. No. 1586 § 1]
A penalty of $5 per month shall be charged for any dog license that is not renewed prior to February 1 of the calendar year in which the renewed license is to be issued.
[1993 Code § 83-7A]
Any person who keeps or operates or proposes to establish a kennel, pet shop, shelter or pound shall apply to the Township Clerk/Administrator for a license entitling him to keep or operate the establishment. A license shall not be required to secure individual licenses for dogs owned by him and kept at such establishment. Such licenses shall not be transferable to another owner or different premises.
[1993 Code § 83-7B]
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 dogs to be accommodated by such establishment at any one time.
[1993 Code § 83-7C]
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 local and state rules governing the location of and sanitation at such establishment.
[1993 Code § 83-7D]
All licenses issued for a kennel, pet shop, shelter or pound shall state the purpose for which the establishment is maintained, and all such licenses shall expire on the last day of January of each year.
[1993 Code § 83-7E]
The annual license fees for kennel and pet shop licenses shall be as follows:
a. 
Kennel accommodating 10 or fewer dogs: $10.
b. 
Kennel accommodating more than 10 dogs: $25.
c. 
Pet shop: $10.
d. 
Shelter or pound: no fee.
[1993 Code § 83-7F]
a. 
All licenses issued for a kennel, pet shop, shelter or pound shall be subject to revocation by the Council on recommendation of the State Department of Health or the Board of Health for failure to comply with the rules and regulations of the State Department of Health or the Board of Health, after the owner has been afforded a hearing by either the State Department of Health or the Board of Health.
b. 
Any person holding a license to establish, keep or operate a kennel, pet shop, shelter or pound shall comply with township 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 dogs within and from such establishments.
[1993 Code § 83-7G]
The Township Clerk/Administrator shall forward to the State Department of Health a list of all kennels, pet shops, shelters and pounds licensed within 30 days after the licenses therefor are issued, which list shall include the name and address of the licensee and the kind of license issued.
[1993 Code § 83-7H]
No dog kept in a kennel, pet shop, shelter or pound shall be permitted off such premises, except on a leash or in a crate or other safe control.
[1993 Code § 83-8]
a. 
License fees and other moneys collected or received under the provisions of this chapter, except registration tag fees, shall be forwarded to the Township Treasurer within 30 days after collection or receipt and shall be placed in a special account separate from any of the other accounts of the township and shall be used for the following purposes only: collecting, keeping and disposing of dogs 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 such 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 such special account to the general funds of the township 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.
b. 
The registration tag fee of $1 for each dog shall be forwarded within 30 days after collection by the Township Clerk/Administrator to the State Department of Health.
[1993 Code § 83-9]
The Chief of Police of the township may annually cause a canvass to be made of all dogs owned, kept or harbored within the limits of the township and shall report to the Township Clerk/Administrator, the Board of Health and 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 the registration number of each dog, and the number of unlicensed dogs owned, kept or harbored by each person, together with a complete description of each unlicensed dog.
[1993 Code § 83-10A]
It shall be the duty of the Police Department and the Dog Warden to receive and investigate complaints against dogs. If they deem any dog complained of to be a vicious dog, as defined in Section 9-1, they shall report their findings in writing to the Municipal Judge.
[1993 Code § 83-10B]
The Municipal Judge shall notify in writing the owner or keeper of an allegedly vicious dog that a complaint has been made and require such person to appear before him at a stated time and place for a hearing. The Judge shall conduct the hearing in the same manner as he would conduct the trial of a criminal case. If the Judge decides that the dog complained of is a vicious dog, he shall so notify the owner or keeper of the dog.
[1993 Code § 83-10C]
No person owning or keeping a vicious dog shall permit such dog to be off the property of the owner or keeper without being securely muzzled.
[1993 Code § 83-11A]
The Dog Warden shall take into custody and impound or cause to be taken into custody and impounded any of the following dogs:
a. 
Any unlicensed dog running at large in violation of the provisions of this chapter.
b. 
Any dog off the premises of the owner of or the person keeping or harboring such dog which the Dog Warden or his agent has reason to believe is a stray dog.
c. 
Any dog off the premises of the owner of or the person keeping or harboring such dog without a current registration tag on its collar.
d. 
Any female dog in season off the premises of the owner of or the person keeping or harboring such dog.
e. 
Any dog which has been determined to be a vicious dog as provided in Section 9-6, provided that such dogs may also be seized by any police officer and provided further that if such dogs cannot be seized with safety, they may be killed.
[1993 Code § 83-11B]
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 dog which he may lawfully seize and impound when such officer is in immediate pursuit of such dog, except upon the premises of the owner of the dog if the owner is present and forbids same.
[1993 Code § 83-11C]
a. 
If any dog 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 dog is known, the Dog Warden shall immediately serve on the person whose address is given on the collar, or on the person owning, keeping or harboring the dog, a notice in writing stating that the dog has been seized and will be liable to be disposed of or destroyed if not claimed within seven days after service of the notice.
b. 
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.
[1993 Code § 83-11D]
The Dog Warden is authorized and empowered to cause the destruction of any unclaimed dog, in as humane a manner as possible, under any of the following contingencies:
a. 
When any dog so seized has not been claimed by the person owning, keeping or harboring such dog within seven days after notice or within seven days of the dog's detention when notice has been or cannot be given, as set forth in subsection 9-7.3 above.
b. 
If the person owning, keeping or harboring any dog so seized has not claimed the dog and has not paid all expenses incurred by reason of its detention, including maintenance, not to exceed $4 for the first day and $1 per day for each additional day.
c. 
If the seized dog is unlicensed at the time of its seizure and the person owning, keeping or harboring such dog has not produced a license and registration tag as provided in this chapter.
No person shall own, keep or harbor a dog in the township except in compliance with the provisions of this chapter and the following regulations:
[1993 Code § 83-12A]
All dogs which are required by the provisions of this chapter to be licensed shall wear a collar or harness with the registration tag for such dog securely fastened thereto.
[1993 Code § 83-12B]
No person, except an officer in the performance of his duties, shall remove a registration tag from the collar of any dog without the consent of the owner, nor shall any person attach a registration tag to a dog for which it was not issued.
[1993 Code § 83-12C]
No person shall hinder, molest or interfere with anyone authorized or empowered to perform any duty under this chapter.
[1993 Code § 83-12D]
No person shall own, keep, harbor or maintain any dog which habitually barks or cries between the hours of 8:00 p.m. and 8:00 a.m.
[1993 Code § 83-12E]
No person owning, keeping or harboring any dog shall suffer or permit it to run at large upon the public streets or in any public park, public buildings or other public place within the township.
[1993 Code § 83-12F; New]
a. 
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 township unless such dog is securely confined and controlled by an adequate leash not more than eight feet long. No dogs are permitted within any public park or school playground within the township.
[1993 Code § 83-12G]
No person owning, keeping or harboring a dog shall permit or suffer it to do any injury or to do any damage to any lawn, shrubbery, flowers, ground or property.
[1993 Code § 83-12H; Ord. No. 1574 § II]
a. 
Prohibition. No person owning, harboring, keeping or in charge of any dog or pet shall cause, suffer or allow the dog or pet 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 such property.
b. 
Compliance with Health Regulations. The restriction in this subsection shall not apply to those persons who shall comply with the following conditions:
1. 
The person in charge of such shall immediately remove any pet solid waste deposited by such dog or pet by any sanitary method approved by the Board of Health and its duly authorized Health Officer.
2. 
The pet solid waste removed from the aforementioned designated area shall be disposed of by the person owning, harboring, keeping or in charge of any dog or pet in accordance with the proper disposal provisions set forth in Section 9-1 of this chapter.
3. 
Any owner or keeper who requires the use of a disability assistance animal shall be exempt from the provisions of this section while such animal is being used for that purpose.
[1993 Code § 83-12I]
A person wishing to report a violation of any of the provisions of this section shall sign and file a formal complaint with the Municipal Court of the Township of West Caldwell.
[Ord. No. 1574 § II]
The provisions of this section shall be enforced by the Police Department and the local Board of Health of the Township of West Caldwell.
[1993 Code § 83-13]
Where it has been determined by a physician that a person has been bitten by a dog, such individual, or his parent or guardian if he is a minor, shall immediately notify the police. When the owner or keeper of any dog shall be notified by the police that the dog has bitten any individual or individuals, the owner or keeper of the dog must comply with the following procedures:
a. 
Have the dog examined by a licensed veterinarian within 12 hours.
b. 
Have the dog kept in quarantine in the owner's home or at a kennel for a period of 10 days.
c. 
At the end of 10 days have the dog reexamined by a veterinarian and a written report of the dog's state of health sent to the Board of Health.
[1993 Code § 83-14]
The Township Council may, by proclamation, require all dogs and cats to be quarantined during such period in each year as may seem advisable to the Council.
[1993 Code § 83-15]
The township may appoint a suitable person as Dog Warden. He shall assist in the enforcement of the provisions of this chapter. The Dog Warden and such assistants as may be appointed shall be subject to the supervision and direction of the Township Clerk/Administrator and the Chief of Police of the township.
[1993 Code § 83-16]
a. 
Any person violating the provisions of subsections 9-2.1, 9-3.1, 9-3.8, 9-8.1, 9-8.2 and 9-8.3 shall, upon conviction thereof, be subject to a fine of not less than $5 nor more than $50 for each offense, except that for first offenses against subsection 9-2.1 the penalty shall be an amount not less than $1 nor more than $50, to be recovered by and in the name of the Director of Health of the State of New Jersey.
b. 
Any person violating the remaining provisions of this chapter shall, upon conviction thereof, be liable to a fine as stated in Chapter 1, Section 1-5, General Penalty, of this Code.
[Ord. No. 1576 § I; Ord. No. 1752 § 2]
The purpose of this section is to prohibit the feeding of unconfined wildlife in any public park or any other property owned or operated by the Township of West Caldwell so as to protect public health, safety and welfare, and to prescribe penalties for failure to comply, subject to the exception(s) set forth herein.
[Ord. No. 1576 § II; Ord. No. 1688]
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 the section clearly demonstrates a different meaning. When not consistent 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.
a. 
FEED - 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 on the legal taking of fish and/or game.
b. 
PERSON - Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
c. 
WILDLIFE -Shall mean all animals that are neither human nor domesticated, including all feral animals.
d. 
BIRD - Shall mean a warm-blooded egg-laying vertebrate characterized by feathers and forelimbs modified as wings.
e. 
BIRDFEEDER - Shall mean any outdoor container for birdfeed, or any item construed as birdfeed, used to attract wild birds.
[Ord. No. 1576 § III; Ord. No. 1688; Ord. No. 1752 § 2]
a. 
No person shall feed, in any public park or any other property owned or operated by the Township of West Caldwell, 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) and except as authorized under a deer management program approved by the Governing Body.
b. 
No person shall purposely or knowingly leave or store any refuse, garbage, food product, pet food, salt, seed, birdseed, fruit, or grain in a manner that would constitute an attractant to any wildlife.
c. 
Nothing herein shall be construed to prohibit the feeding of wild birds using birdfeeders, provided such feeding does not create an unreasonable interference to surrounding property owners or become an attractant for rodents or other wildlife. Birdfeeders shall be placed at least five feet above the ground and the areas in and around any birdfeeder shall be kept free and clear of birdfeed, or any item construed as birdfeed.
d. 
Notwithstanding any provision in this section to the contrary, nothing contained herein shall be interpreted to limit or restrict the Health Officer's authority to enforce Chapter BH5 of the Public Health Code.
[Ord. No. 1576 § IV]
a. 
This section shall be enforced by the West Caldwell Police Department and the West Caldwell Board of Health or its duly appointed officer.
b. 
Any person found to be in violation of this section shall be ordered to cease the feeding immediately.
[Ord. No. 1576 § V]
Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine as stated in Chapter 1, Section 1-5, General Penalty, of this Code.