[Ord. No. 2004-2 § I]
Shall mean any member of the domestic feline species; male,
female, or altered.
Shall mean any cat which has attained the age of seven months,
or which possesses a set of permanent teeth.
Shall mean any room or group of rooms, cage, or exhibition
pen, wherein cats for sale are kept or displayed, or are sheltered.
Shall mean any member of the domestic canine species; male,
female, or altered.
Shall mean any dog which has attained the age of seven months,
or which possesses a set of permanent teeth.
Shall mean any cat or dog.
Shall mean any room or group of rooms, case, or exhibition
pen wherein dogs for sale are kept or displayed, or are sheltered.
Shall mean the agency or department of the Borough of Elmer
or any designated representative thereof charged with administering
the issuance and/or revocation of permits and license under the provisions
of this Article.
Shall mean rendered permanently incapable of reproduction
as certified by a licensed veterinarian.
Shall mean when applied to the proprietorship of a domestic
animal shall include every person having a right of property (or custody)
in such domestic animal and every person who has such domestic animal
in his/her keeping, or who harbors or maintains a domestic animal
or knowingly permits a domestic animal to remain on or about any premises
occupied by that person.
Shall mean any individual, corporation, partnership, organization,
or institution commonly recognized by law as a unit.
[Ord. No. 2004-2 § II]
No person shall own, keep, harbor, or maintain any domestic
animal over seven months of age within the Borough of Elmer, unless
such domestic animal is vaccinated and licensed. The provisions of
this subsection do not apply to cats or dogs held in a cattery or
kennel, or those held by a State or Federal licensed research facility,
or a veterinary establishment where cats or dogs arc received or kept
for diagnostic, medical, surgical, or other treatments, or licensed
animal shelters, pounds, kennels, or pet shops.
[Ord. No. 2004-2 § II]
All cats or dogs 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 5-2.4.
[Ord. No. 2004-2 § II]
A certificate of vaccination shall be issued to the owner of
each animal vaccinated on a form recommended by the State.
[Ord. No. 2004-2 § II]
Any domestic animal may be exempted from the requirements of
such vaccination for a specified period of time by the local Board
of Health, upon presentation of a veterinarian's certificate
stating that because of an infirmity or other physical condition,
or regimen of therapy, the inoculation of such domestic animal shall
be deemed inadvisable.
[Ord. No. 2004-2 § III]
Any person who shall own, keep, or harbor a dog of licensing
age shall annually apply for and procure from the Clerk of the Borough,
or other official designated by the Governing Body thereof to license
domestic animals in the Borough, a license and official registration
tag with license number, or a registration sleeve for each domestic
animal so owned, kept, or harbored, and shall place upon such domestic
animal a collar, or other device with the license number securely
fastened or displayed thereto. License tags or sleeves are not transferable.
[Ord. No. 2004-2 § III]
The owner of any newly acquired domestic animal of licensing
age, or of any domestic animal which attains licensing age, shall
make application for license tags or sleeve for such domestic animal
within 10 days after such acquisition or age attainment. This requirement
will not apply to a nonresident keeping a domestic animal within the
Borough for no longer than 90 days.
[Ord. No. 2004-2 § III]
Any person who shall bring, or cause to be brought into this
Borough, any domestic animal licensed in another State for the current
year, and bearing a registration tag or sleeve may keep the domestic
animal within the Borough for a period of no more than 90 days. Thereafter,
the domestic animal shall immediately be licensed in accordance with
this Article.
Any person who shall bring or cause to be brought into this
Borough any unlicensed domestic animal, and shall keep same or permit
same to be kept within the Borough for a period of more than 10 days,
shall immediately apply for a license and registration tag or sleeve
for each such domestic animal.
[Ord. No. 2004-2 § III]
The application shall state the breed, sex, age, color, and
markings of the domestic animal for which license and registration
are sought, and whether it is of a long-or short-haired variety; also
the name, street, and post office address of the owner, and the person
who shall keep or harbor such domestic animal. The information on
the application and the registration number issued for the domestic
animal shall be preserved for a period of three years by the Clerk
or other local official designated to license cats or dogs in the
Borough.
[Ord. No. 2004-2 § III]
License forms and official tags or sleeves shall be furnished
by the Borough and shall be numbered serially, and shall bear the
year of the issuance and the name of the Borough.
[Ord. No. 2004-2 § III]
The Borough Clerk or other official designated by the Governing Body of the Borough to license cats or dogs therein shall not grant any such license and official registration tag or sleeve for any domestic animal, unless the owner thereof provides evidence that the domestic animal to be licensed and registered 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, or has been certified exempt as provided by Section 5-2 of this Article. The rabies inoculation shall be administered by a duly licensed veterinarian, or by such other veterinarian permitted by law to do the same.
[Ord. No. 2004-2 § 3; Ord. No. 2007-3; Ord. No.
2009-15; Ord. No. 2010-4]
A license shall be issued after payment of a fee of $15 for
each unneutered cat, and $10 for each neutered cat. A license shall
be issued after payment of a fee of $15 for each unneutered dog and
$10 for each neutered dog. The dog fees include a one ($1.00) dollar
registration fee and twenty ($0.20) cent surcharge to the State of
New Jersey, Department of Health Pilot Clinic Fund. All licenses which
are purchased on or after April 1st of each year for a domestic animal
that was of licensing age as of January 1st of said year shall incur
an additional late penalty fee of $20 per license.
[Ord. No. 2004-2 § III]
Any license procured for a domestic animal in accordance with subsection 5-3.3 shall pay the full license fee set forth herein and said license shall expire on January 1, in the following year.
Only one license and registration tag or sleeve shall be required
in the licensing year for any domestic animal in this Borough. Any
valid New Jersey License tag or sleeve issued by a New Jersey municipality
shall be accepted by this Borough as evidence of compliance.
[Ord. No. 2004-2 § III]
If a license tag or sleeve has been misplaced or lost, the Borough
Clerk may issue a duplicate license and/or registration sleeve for
that particular domestic animal at a fee of $2.
[Ord. No. 2004-2 § III]
Proof of licensing shall be produced by any person owning, keeping,
maintaining, or harboring a domestic animal, upon the request of any
Health Official, Police Officer, Animal Control Officer, or other
authorized person.
[Ord. No. 2004-2 § III]
No person shall hinder, molest, or interfere with anyone authorized
or empowered to perform any duty under this chapter.
[Ord. No. 2004-2 § III]
The sums collected under subsection 5-3.7 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 which account shall be called the "Animal Fund" and which account shall be used for the following purposes only:
a.
Collecting, keeping and disposing of a domestic animal liable to
seizure, for 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, 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 the 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 Borough 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.
For any other purpose consistent with law.
[Ord. No. 2004-2 § V]
No person or party shall allow, permit or suffer any domestic
animal under his or her harboring, ownership, custody, control or
dominion or under the harboring, ownership, custody, control or dominion
of any unemancipated infant or minor members of his or her household,
whether licensed or unlicensed to:
a.
Run at large, or unleashed (cats excepted from leash requirement),
off the premises of the owner except when in the company of a responsible
person and under the direct and immediate close control of such person.
b.
Enter on or upon any municipality owned building, playground or athletic
field, unleashed and not accompanied by a responsible person.
c.
Bite or molest any person.
d.
Chase any vehicle upon a public street.
e.
Injure or damage any lawn or shrubbery or flowers or grounds or any
property, real or personal, of any person other than its master.
f.
Behave in any way so as to endanger any person or property.
g.
Leave the premises of such person while the domestic animal is in
heat, except when being walked or exercised, at which time the domestic
animal shall be leashed and accompanied by a responsible adult.
h.
Be chained, while in heat, in any open yard or other open area at
any time.
i.
Defecate on property other than that owned by the person owning, harboring, keeping or in charge of said domestic animal. Provided, further, that any such person or persons shall not be considered in violation of this Article if he or she shall immediately thereafter remove such excrement from nonowned property and then thereafter dispose of it in a sanitary fashion. (Ord. No. 2014-11 requires specific regulations for pet waste, see subsection 5-4.2)
j.
To continue to or frequently bark or howl for a period of time sufficient
to cause annoyance or alarm (a period of one hour or more is annoying
or disturbing sufficient to sustain a conviction hereunder). In addition,
to the presumption established herein, the Court may use any other
reasonable means of determining if this section has been violated.
[Ord. No. 2014-11]
a.
Purpose. The Borough of Elmer finds that the establishment of requirements
for the proper disposal of pet solid waste is an important public
concern to protect public health, safety and welfare of its residents.
b.
IMMEDIATE
OWNER/KEEPER
PERSON
PET
PET SOLID WASTE
PROPER DISPOSAL
Definitions. For the purposes of this subsection, the following terms,
phrases, words and their derivations shall have the meanings stated
herein unless their use in the text of this subsection clearly demonstrates
a different meaning. When not inconsistent, with the context, words
used in the present tense include the future, words 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 directory.
Shall mean that the pet solid waste is removed at once, without
delay.
Shall mean any person who shall possess, maintain, house
or harbor any pet or otherwise have the custody of any pet, whether
or not the owner of such pet.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean a domesticated animal (other than a disability
assistance animal) kept for amusement or companionship.
Shall mean waste matter expelled from the bowels of the pet;
excrement.
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.
c.
Defecation on Public or Private Property. No person owning or in
discharge owing or in charge of a pet shall cause or allow such 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 private property without the permission of the
owner of said property.
d.
Removal of Pet Solid Waste. Any person owning or in charge of any
pet which soils, defiles, defecates on or commits 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 shall immediately remove all pet solid
waste deposited by any such pet by any sanitary method approved by
the local health authority.
e.
Sanitary Disposal of Pet Solid Waste. Sanitary methods for removing
all pet solid waste approved by the local health authority are mechanical
devices such as pooch scoops, small shovels, etc. All pet solid waste
removed by the person owning, harboring, keeping or in charge of any
such pet shall be disposed of in a sealed, nonabsorbent, leakproof
container.
f.
Exemptions. Any owner or keeper who requires the use of a disability
assistance animal shall be exempt from any provisions of this subsection
while such animal is being used for that purpose.
g.
Enforcement. The provisions of this subsection shall be enforced
by the Code Enforcement Officer or the Police Department of the Borough
of Elmer.
h.
Violations and Penalties.
1.
Any person violating this subsection shall, upon conviction thereof,
be punishable by one or more of the following: by a period of community
service not exceeding 90 days; and/or by a fine of not less than $25.00
or more than $2,000.00, at the discretion of the Judge.
2.
Any person who is convicted of violating the provisions of this subsection
within one year of the date of previous violation of the same subsection
and who was fined for the previous violation shall be sentenced by
the Court to an additional fine as a repeat offender. The additional
fine imposed by the Court for a repeated offense shall not be less
than the minimum or exceed the maximum fine fixed for a violation
of this subsection, but shall be calculated separately from the fine
imposed for the original violation of this subsection. Whenever such
person shall have been officially notified or by service of a summons
in a prosecution, or in any other official manner, that said person
is committing a violation, each day's continuance of such violation
after such notification shall constitute a separate offense, punishable
by a like fine or penalty.
[Ord. No. 2004-2 § VI]
a.
Violation
of Article; Penalties. Except as otherwise provided in this Article,
any person who violates or who fails or refuses to comply with this
Article shall be liable for a fine of not less than $50 for the first
offense and not more than $100 for the second offense and not less
than $150 for each subsequent offense or to imprisonment for a term
not exceeding 30 days, or both, and violation or each day in which
such violation continues shall be deemed to constitute a separate
offense.
[Ord. No. 95-9 § 1]
As used in this section:
Shall mean and include those species of birds, not otherwise
defined as a domesticated animal, commonly known as geese or ducks.
[Ord. No. 95-9 § 2]
It shall be unlawful for any person to:
a.
Feed any migratory waterfowl.
b.
Create any condition or allow any condition to exist which results
in a congregation or congestion of migratory waterfowl which:
1.
Results in an accumulation of waterfowl feces or droppings; or
2.
Results in damage to flora, fauna, or private or public property;
or
3.
Results in a threat or nuisance to the public health, safety or welfare;
or
4.
Results in a threat to the health, safety, or welfare of said migratory
waterfowl.
[Ord. No. 95-9 § 3]
Whenever a member of the Police Department becomes aware that
migratory waterfowl are being fed in violation of this section, or
that a congregation or congestion of migratory waterfowl as prohibited
by this section exists, that member shall give notice of the nuisance
to the owner or occupant of the premises upon which the nuisance exists
or the feeding is occurring. Notice shall be deemed sufficient if
it shall have been served either personally, or by posting such notice
upon the property in question, or by mailing such notice through the
United States mail or as otherwise provided by the New Jersey Rules
of Court. Mailed notice shall be deemed served upon proof that such
notice was deposited in the United States mail, first class postage,
prepaid and addressed to the person named on the Borough tax rolls
as the owner of the premises in question. Such notice shall order
the nuisance to be immediately abated and/or that such feeding shall
immediately stop.
[Ord. No. 95-9 § 4]
If the owner or occupant of the premises upon which the nuisance
exists or the feeding is occurring fails to immediately comply with
the notice as set forth above, a complaint shall issue.
Any person found guilty of violating this section shall, upon
conviction, be subject to a fine not to exceed $500 and a period of
incarceration not to exceed 30 days.
[Ord. No. 79 § VI; Ord. No. 2004-2; New]
No person shall own or keep within the limits of the Borough
any horses, colts, cows, bulls, swine, sheep, chickens, geese or pigeons,
unless the same be confined within an enclosure sufficient to prevent
such animals from trespassing on the property of others and from running
at large in the streets or other public places, or shall be sufficiently
secure or tethered while in such streets or public places, as to be
within full control of the person in charge thereof. Upon conviction
therefor, such person or persons, for the first offense may be fined
the sum of $50 and for the second or any subsequent offense be fined
a sum not exceeding $100 or imprisonment in the County Jail not exceeding
10 days.
[Ord. No. 2014-9]
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 the Borough of Elmer, so as to protect public health, safety and
welfare, and to prescribe penalties for failure to comply.
[Ord. No. 2014-9]
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 section 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. 2014-9]
No person shall feed, in any public park or on any other property
owned or operated by the Borough of Elmer, any wildlife, excluding
confined wildlife (for example, wildlife confined in zoos, parks or
rehabilitation centers, or unconfined wildlife at environmental education
centers).
[Ord. No. 2014-9]
The provisions of this section shall be enforced by the Code
Enforcement Officer or the Police Department of the Borough of Elmer.
[Ord. No. 2014-9]
a.
Any person violating this section shall, upon conviction thereof,
be punishable by one or more of the following: by a period of community
service not exceeding 90 days; and/or by a fine of not less than $25.00
or more than $2,000.00, at the discretion of the Judge.
b.
Any person who is convicted of violating the provisions of this section
within one year of the date of previous violation of the same section
and who was fined for the previous violation shall be sentenced by
the Court to an additional fine as a repeat offender. The additional
fine imposed by the Court for a repeated offense shall not be less
than the minimum or exceed the maximum fine fixed for a violation
of this section, but shall be calculated separately from the fine
imposed for the original violation of this section. Whenever such
person shall have been officially notified or by service of a Summons
in a prosecution, or in any other official manner, that said person
is committing a violation, each day's continuance of such violation
after such notification shall constitute a separate offense, punishable
by a like fine or penalty.
