Editor's Note: As provided by Ord. No. 17-97, the Borough
of Bloomingdale has entered into an interlocal agreement with the
Boroughs of Wanaque, Pompton Lakes, Butler and Riverdale to provide
Animal Control Services.
[1966 Code § 6-1; Ord. No. 5-95; Ord. No. 9-2009 § I; Ord. No. 14-2018 § 1]
As used in this chapter:
Shall mean any cat, dog, livestock, or other domestic animal
except poultry.
[Amended 10-6-2020 by Ord. No. 34-2020]
Shall mean any person appointed by the Borough who possesses
a certification of Animal Control Officer issued by the New Jersey
Department of Health and who shall be responsible for animal control
within the Borough pursuant to N.J.S.A. 4:19-15.16a through N.J.S.A.
4:19-37.
Shall mean any dog or cat which has attained the age of seven
months or which possesses a set of permanent teeth.
Shall mean any animal which at any time, without provocation,
has attacked a human being or another domestic animal, either while
upon or off the premises occupied by the person owning, keeping, harboring
or having the custody or possession of the attacking animal. "Animal
posing a risk to public safety" shall also mean and include any animal,
including any dog, which is either reported to, or observed by, a
certified Animal Control Officer: 1) to be ill or injured; 2) to have
caused any human being engaged in a lawful activity or occupancy to
be fearful for his/her own safety by chasing or snapping at such person
without provocation; and/or 3) to otherwise create a threat to public
health, safety or welfare, or interfere with the enjoyment of property.
"Animal Posing A Risk to Public Safety" shall not include any dog
that is either: a) deemed to be a "vicious dog" or "potentially dangerous
dog" as defined under the "Vicious and Potentially Dangerous Dog Act";
or b) seized and impounded by a certified Animal Control Officer upon
finding that reasonable cause exists to seize and impound the dog
under the circumstances set forth in the "Vicious and Potentially
Dangerous Dog Act."[1]
[Added 10-6-2020 by Ord.
No. 34-2020]
Shall mean the person appointed by the Borough to be the
Supervising Animal Control Officer and who, in addition to the responsibilities
of animal control within the Borough pursuant to N.J.S.A. 419-15.16a
through N.J.S.A. 4:19-37, shall also be the person to oversee and
be responsible for the day to day performance and implementation of
all duties and responsibilities arising from the interlocal agreements
between the Borough of Bloomingdale and other municipalities in connection
with the provision of animal control services.
Shall mean to seize with the teeth or jaws so as to enter,
nip or grip the person or thing seized; also to cut, wound, pierce
or impress deeply the person or thing seized.
Shall mean any member of the domestic feline species.
Shall mean any dog or dog hybrid.
[Amended 10-6-2020 by Ord. No. 34-2020]
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.
Shall mean the person appointed by the Borough who shall
be responsible for animal welfare within the jurisdiction of the municipality,
and who shall enforce and abide by the provisions of Title 4, Chapter
22 of the New Jersey Revised Statutes, and any amendments thereof,
and shall be authorized to investigate and sign complaints, arrest
violators, and otherwise act as an officer for detection, apprehension,
and arrest of offenders against the animal welfare and animal cruelty
laws of the State and ordinances of the Municipality.
Shall mean to render permanently incapable of reproduction
as certified by a licensed veterinarian.
Shall mean and include, when applied to the proprietorship
of an animal, every person having a right of property (or custody)
in such animal and every person who has such animal in his/her keeping
or who harbors or maintains an animal or knowingly permits an animal
to remain on or about any premises occupied by that person. A person
shall be deemed to have an animal in his keeping or under his control
whenever the ownership or custody of such animal is an unemancipated
infant or other member of his household.
Shall mean and include the building or plot of land on which
the building stands in which the owner of an animal has a place of
abode or place of business in the Borough, but shall not include any
areas of any building or plot of land shared in common with others
(such as common areas and amenities and open space) or any areas of
any building or plot of land in which the general public is invited
or authorized to access.
[Amended 10-6-2020 by Ord. No. 34-2020]
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 any dog or dog hybrid declared potentially dangerous
by a municipal court pursuant to Section 7 of P.L. 1989, C. 307 (N.J.S.A.
4:19-23).
[Added 10-6-2020 by Ord.
No. 34-2020]
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.
Shall mean and refer to Title 4, Chapter 19, Sections 17 through 37 (N.J.S.A. 4:19-17 through 37) of the New Jersey Statutes, as may from time to time be amended and supplemented in accordance with law.
[Added 10-6-2020 by Ord.
No. 34-2020]
Shall mean any animal which at any time, without provocation,
has attacked or shall attack a human being or another domestic pet,
either while upon or off the premises occupied by the person owning,
keeping, harboring or having the custody or possession of the attacking
animal. "Vicious animal" shall also mean and include any animal which
has caused any human being engaged in a lawful activity or occupancy
to be fearful for his own safety by chasing or snapping at such person
without provocation.
Shall mean any dog or dog hybrid declared vicious by a municipal
court pursuant to Section 6 of P.L. 1989 c. 307 (N.J.S.A. 4:19-22).
[Added 10-6-2020 by Ord.
No. 34-2020]
[1]
Editor’s Note: See N.J.S.A. 4:19-17 through 37.
[1966 Code § 6-2; Ord. No. 5-95; Ord. No. 23-2007 § 1; Ord. No. 9-2009 § II; Ord. No. 14-2018]
a.
The
position of Director of Animal Control Services is hereby established
under the jurisdiction of the Department of Administration.
1.
The Director of Animal Control Services shall be an employee of the
Borough and subject to the control and direction of the Borough Administrator
or his authorized representative.
2.
The duties of the Director of Animal Control Services shall be those
duties of the Animal Control Officer, as well as responsibility to
oversee the Department's day to day performance and implementation
of all duties and responsibilities arising from the interlocal agreements
between the Borough and other municipalities in connection with the
provision of animal control services.
b.
The
position of Animal Control Officer is hereby established under the
jurisdiction of the Department of Administration.
1.
The Animal Control Officer shall be an employee of the Borough and
subject to the control and direction of the Borough Administrator
or his/her authorized representative.
2.
The duties of the Animal Control Officer shall be the enforcement of the measures and provisions for the control of the animal contained in Title 4, Chapter 19, of the New Jersey Revised Statutes, and any amendments thereof, and the provisions of this chapter. The Animal Control Officer shall be available to render assistance in any situation deemed necessary by the governing body of the Borough concerning any animal-related matter, as permitted by law.
c.
The
position of Municipal Humane Law Enforcement Officer is hereby established.
To be appointed to the position of Municipal Humane Law Enforcement
Officer, a person must have satisfactorily completed the training
course developed pursuant to N.J.S.A. 4:22-11.11, subject to the provisions
of same as applicable, as soon as practicable, but no later than one
year after the date on which the officer's designation is approved
by the Chief of Police.
1.
The Municipal Humane Law Enforcement Officer shall be appointed by
the Mayor, upon the recommendation of the Chief of Police, with the
advice and consent of the Council, and shall serve a term of office
of one year, commencing on January 1 and terminating December 31 in
each year or the unexpired portion thereof.
2.
The powers and duties of the Municipal Humane Law Enforcement Officer
shall include, but not be limited to, the following:
(a)
Enforcement of all animal welfare or animal cruelty laws of the State
of New Jersey and ordinances of the Borough.
(b)
Investigate and sign complaints concerning any violation of an animal
welfare or animal cruelty law of the State of New Jersey or ordinance
of the Borough;
(c)
Act as an officer for the detection, apprehension and arrest of offenders
against the animal welfare and animal cruelty law of the State of
New Jersey and ordinance of the Borough.
(d)
Such other powers and duties required under ordinance or law.
3.
The Municipal Humane Law Enforcement Officer shall be authorized
to possess, carry and use a firearm while enforcing the laws and ordinances
enacted for the protection of animals, provided that such officer
qualifies and maintains all certification and training requirements
pursuant to law.
4.
The Municipal Humane Law Enforcement Officer shall receive such compensation
as may be fixed and determined by the Council either in the annual
salary ordinance and implementing resolutions or by contract, as the
case may be.
[1966 Code § 6-3; Ord. No. 5-95; Ord. No. 5-98]
a.
No person shall keep or harbor or suffer the keeping or harboring within the limits of the Borough any dog or cat of licensing age without first obtaining a license to be issued by the Health Department of the Borough upon application by the owner or some person on behalf of the owner and payment of the prescribed fee, and no person shall keep or harbor any dog or cat in the Borough except in compliance with the provisions for the control of animals contained in Title 4, Chapter 19, Sections 15.1 through 15.29 of the Revised Statutes of New Jersey, and any amendments thereof, and this chapter.
b.
The Health Department shall keep a record of each dog or cat so licensed
showing the names of the owners, custodians or harborers of dogs and
cats; a description of each dog or cat so owned or harbored; date
of issuance of license; record of rabies expiration date; and amount
of licensing fee collected and remitted. The Health Department shall
provide a copy of the dog or cat licensing record to the Animal Control
Officer who shall retain the same for his/her record book.
[1966 Code § 6-4; Ord. No. 5-95; Ord. No. 5-98]
Any person who shall own, keep or harbor or suffer the keeping
or harboring of any dog or cat of licensing age within the Borough
shall, in the month of January and annually thereafter, apply for
and procure from the Health Department a license and official registration
tag for each dog or cat so owned, kept or harbored and shall place
upon each dog or cat a collar or other device with the license number
securely fastened or displayed thereto.
[1966 Code § 6-5; Ord. No. 5-95; Ord. No. 5-98; Ord. No. 23-2007 § 2; amended 2-4-2020 by Ord. No. 3-2020]
a.
The person applying for a license and registration tag shall pay a fee for each dog or cat as provided for in § 5-14.
b.
The person applying for a license and registration tag shall pay
the fee fixed as authorized. The fee for renewal of license and registration
tag shall be the same as for the original, and the license, registration
tag and renewal thereof shall expire on December 31 of the licensing
year. Only one license and registration tag shall be required in any
licensing year for any dog or cat owned in the Borough, and such license
and registration tag issued by any municipality in the State of New
Jersey shall be accepted as evidence of compliance of this section.
c.
Any dog or cat owner or person harboring a dog or cat found to have an unlicensed dog or cat by the Animal Control Officer or any other municipal official on or after February 1 shall be required to pay an additional delinquent fee as established in § 5-14, plus the required license fee as provided in this section for his license, together with any other fines due to summons issued that may be imposed on him or provided in this section for failure to obtain a license by January 31. The aforementioned fee shall not apply to dogs or cats which have been acquired by the owner after January 1, provided that the license is obtained within 10 days after acquisition and sufficient proof is presented to establish the date the dog or cat is acquired.
d.
Dogs used as guides for blind persons and commonly known as "seeing
eye dogs," dogs used to assist disabled 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
animals herein above provided for, except that the owner or keeper
of such dog shall not be required to pay any fee.
e.
The owner or keeper of any newly acquired dog or cat of licensing
age shall make application for such license and registration tag for
such dog or cat within 10 days after such acquisition or age attainment.
f.
Any owner or keeper of a licensed dog or cat whose current license tag has been lost may obtain a replacement tag by applying to the Health Department immediately. A charge as established in § 5-14 is made for replacement of this tag.
g.
No person shall make use of or have in his possession or under his
control a stolen, counterfeit or forged dog or cat license receipt,
license registration tag or rabies vaccination certification or other
forms issued in accordance with the provisions of this chapter.
h.
Any person applying for a dog license for a neutered dog or cat must
present to the licensing agent a veterinarian's certification that
the dog or cat of reproductive age has had its reproductive capacity
permanently altered through sterilization.
[1966 Code § 6-6; Ord. No. 5-95; Ord. No. 5-98]
a.
All
dogs and cats 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 paragraph
d below.
b.
Any
person applying for a dog or cat license and registration tag must
provide evidence to the Health Department that the dog or cat has
been inoculated with a rabies vaccine of type approved by and administered
in accordance with the recommendations of the United States Department
of Agriculture and the United States Department of Human Services
or has been certified exempt as provided for by paragraph d below.
The rabies inoculation shall be administered by a duly licensed veterinarian
or by such other veterinarian permitted by law to do the same. Such
vaccine shall be repeated at intervals as provided by regulations
of the New Jersey State Department of Health.
c.
A
certificate of vaccination shall be issued to the owner of each dog
or cat vaccinated on a form recommended by the State of New Jersey.
d.
Any
dog or cat may be exempt from the requirement of such vaccination
for a specified period of time by the Health Department upon presentation
of a veterinarian's certificate stating that because of an infirmity
or other physical condition or regime of therapy, the inoculation
of such animal shall be deemed inadvisable.
[1966 Code § 6-7; Ord. No. 5-95; Ord. No. 5-98]
a.
Any
person appointed for the purpose by the Borough shall take into custody
and impound or cause to be taken into custody and impounded and thereafter
shall adopt or otherwise dispose of any animal acquired as provided
in this section:
1.
Any dog or cat off the premises of the owner or of the person keeping
or harboring the dog or cat which the official or his agent or agents
has reason to believe is a stray dog or cat.
2.
Any dog or cat off the premises of the owner or of the person keeping
or harboring the dog or cat without a current registration tag on
his collar.
3.
Any female dog in season off the premises of the owner or of the
person keeping or harboring the dog.
4.
Any dog or other animal which is suspected of being rabid.
5.
Any dog or other animal off the premises of the owner reported to
or observed by a certified Animal Control Officer to be ill, injured
or creating a threat to public health, safety or welfare or otherwise
interfering with the enjoyment of property.
b.
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 the owner or the person keeping or harboring the animal is
known, any person authorized by the Borough shall forthwith serve
on the person whose address is given on the collar or on the owner
or person keeping or harboring the animal, if known, a notice, in
writing, stating that the animal has been seized and will be liable
to be euthanized or placed for adoption if not claimed within seven
days after the service of the notice.
c.
A
notice under this section 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 postage 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.
d.
When
any 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 no notice has been given as above
set forth, or if the person keeping or harboring the animal has not
claimed the animal and paid all expenses incurred by reason of its
detention, including maintenance, and if the animal is unlicensed
at the time of the seizure and the owner or person keeping or harboring
the animal has not produced a license and registration tag for the
animal, any person authorized by the Borough may cause the animal
to be euthanized in a manner causing as little pain as possible and
consistent with the provisions of Title 4, Chapter 22, Section 19
of the Revised Statutes of the State of New Jersey, and any amendments
thereof; or, if deemed adoptable, such animal shall be placed for
adoption. At no time shall an adoptable animal be euthanized, provided
that sufficient space exists at the animal shelter.
e.
Nothing
herein shall be read or construed to limit the Animal Control Officer’s
authority to seize and impound a dog in accordance with N.J.S.A. 4:19-19,
when the Animal Control Officer has reasonable cause to believe that
the dog either: 1) attacked a person and caused death or serious bodily
injury as defined in N.J.S.A. 2C:11-1(b) to that person; 2) caused
bodily injury as defined in N.J.S.A. 2C:11-1(a) to a person during
an unprovoked attack and poses a serious threat of harm to persons
or domestic animals; 3) engaged in dogfighting activities as described
in N.J.S.A. 4:22-24 and N.J.S.A. 4:22-26; or 4) has been trained,
tormented, badgered, baited or encouraged to engage in unprovoked
attacks upon persons or domestic animals. Under the above-listed circumstances,
the dog shall be impounded until the final disposition as to whether
the dog is vicious or potentially dangerous. Subject to the approval
of the municipal health officer, or his or her authorized designee,
the dog may be impounded in a facility or other structure agreeable
to the owner.
[Added 10-6-2020 by Ord.
No. 34-2020]
[Ord. No. 14-2004 § 1; Ord. No. 19-2005 § 1]
a.
As used in this subsection, the following terms shall have the meanings
indicated:
1.
Farm animal shall mean and include goats, horses, sheep, swine or
cattle, or other hoofed animals.
b.
No person shall harbor or keep any farm animals within the limits
of the Borough of Bloomingdale, except in conformance with the provisions
herein, and except in accordance with the applicable provisions of
the Borough's zoning and other ordinances.
1.
Only one farm animal per acre may be maintained by any property owner.
A minimum of three acres is required to maintain farm animals.
2.
All farm animals shall be kept in an enclosed permanent fenced or
penned area. This area shall be located no closer than 50 feet from
any watercourse, regardless of the size or frequency of the flow of
said course.
3.
All farm animals shall be kept at least 100 feet from property lines
inside the permanent fenced or penned area, or in a barn constructed
on the premises of the owner, in accordance with zoning regulations
in accordance with this section.
4.
Farm animals shall be kept at least 100 feet from the principal building
on the property.
5.
The maximum number of farm animals allowed shall be six regardless
of the size of the property.
6.
The exemption to this rule is all commercial farms which board or
have horses for hire, and petting farms as well as farmland assessed
properties which may be subjected instead to inspections by the Health
Officer, Animal Control Officer, Building Inspector, or Construction
Code Official.
[Ord. No. 14-2004 § 2; Ord. No. 19-2005 § 2; amended 2-4-2020 by Ord. No. 3-2020]
a.
FOWL
As used in this subsection, the following terms shall have the meanings
indicated.
Includes chickens, ducks, turkeys, peacocks, ostriches, game
birds or any other fowl.
b.
No person shall harbor or keep any fowl within the limits of the Borough except in conformance with this subsection and in accordance with the applicable provisions of the Borough's zoning (§ 92-21b) or other ordinances.
1.
There shall be no more than 10 fowl per acre maintained by any property
owner.
2.
Maximum number of fowl shall not exceed 20 regardless of property
size.
3.
There shall be no more than one rooster, or cock bird, and 19 birds
on the property.
4.
All fowl shall be kept in fenced or penned areas, or in coops, at
least 75 feet from the principal building on the property.
5.
No fowl shall be allowed to fly around at large, but shall be confined
in a suitable house or coop, and with an enclosed runway or fenced
area.
6.
Nothing in this section shall be deemed to apply to poultry kept
in live poultry markets as well as farmland assessed properties.
[Ord. No. 14-2004 § 3]
The raising, breeding, or housing of poisonous snakes, or reptiles,
or such snakes and reptiles prohibited by Federal or State law, or
designated as endangered or restricted, shall be prohibited in the
Borough of Bloomingdale.
[Ord. No. 14-2004 § 4;
amended 10-6-2020 by Ord. No. 34-2020]
Any person who is found in violation of any provisions of this
section shall, upon conviction thereof, be punishable by a fine of
$200 and/or imprisonment for a term not exceeding 90 days and/or by
a period of community service not exceeding 180 days. A separate offense
shall be deemed committed on each day upon which a violation occurs
or continues.
[1966 Code § 6-8; Ord. No. 5-95; amended 10-6-2020 by Ord. No. 34-2020]
Any officer or agent authorized or empowered to perform any
duty under this chapter is hereby authorized to go upon any premises
to seize and impound any animal, including any animal posing a risk
to public safety, when such officer is in the immediate pursuit of
such animal or animals except upon the premises of the owner of the
animal if the owner is present and forbids the same. Nothing herein
shall be read or construed to limit the authority of an Animal Control
Officer to seize and impound a dog in accordance with the provisions
of the "Vicious and Potentially Dangerous Dog Act," N.J.S.A. 4:19-17
through 37 and/or the provisions of N.J.S.A. 4:19-15.16.
[1966 Code § 6-9; Ord. No. 5-95]
a.
Whenever
a dog, cat or other animal is affected by rabies or suspected of being
affected by rabies or has been bitten by an animal known or suspected
to be affected by rabies, the owner or person in charge of the animal
or any person having knowledge thereof shall forthwith notify the
Health Department of the place where the animal is located.
b.
Whenever a dog, cat or other animal bites a person, the owner or person in charge of the animal, the person bitten or parent or guardian or the physician having professional attendance upon every person bitten shall notify the Health Department of the name, age, sex, color and precise location of the person so bitten pursuant to the Revised Statutes of the State of New Jersey, Title 26, Chapter 4, Sections 78 through 95.
[1966 Code § 6-10; Ord. No. 5-95; Ord. No. 18-98; Ord. No. 23-2007 § 3; amended 2-4-2020 by Ord. No. 3-2020]
a.
No
person shall suffer, permit or allow any animal to injure, damage,
soil or defile any lawn, shrubbery, flowers or grounds or any property,
either public or private, or any person other than that of its owner
to the extent that such action causes a nuisance.
b.
No
person owning or in charge of any dog shall suffer, permit or allow
such dog to be upon any private or public property other than the
premises of the owner without the consent of the owner or tenant of
the private or public property or permit the dog to run unleashed
off the premises of the owner.
c.
No
person owning or in charge of any dog shall cause or allow such dog
to soil, defile or defecate upon any private property without the
permission of the owner. Any person owning or in charge of such dog
which soils, defiles or defecates shall immediately remove all feces
deposited by such dog in a sanitary manner.
d.
No
person owning or in charge of any dog shall cause or allow such dog
to soil, defile or defecate on any place where people walk or congregate,
or upon public property. Any person owning or in charge of such a
dog which soils, defiles or defecates shall immediately remove all
feces deposited by such dog in a sanitary manner.
e.
No person owning, keeping or harboring a dog shall permit or suffer the dog to cause any injury or damage to any person or other animals. If any dog has or may cause injury or damage to any person and/or other animal under circumstances in which the "Vicious and Potentially Dangerous Dog Act," N.J.S.A. 4:19-17 through 37 does not apply, the Animal Control Officer shall have the discretionary authority to enforce this section against the person owning, keeping or harboring any such dog that the Animal Control Officer has probable cause to believe is an animal posing a risk to public safety. An animal posing a risk to public safety is one that is running at large while ill or injured; that has caused any human being engaged in a lawful activity or occupancy to be fearful for his/her own safety by chasing or snapping at such person; and/or has otherwise caused or created a threat to public health, safety or welfare, or interfered with the enjoyment of property as set forth within N.J.S.A. 4:19-15.16. However, the Animal Control Officer shall proceed in accordance with the provisions of the “Vicious and Potentially Dangerous Dog Act,” as incorporated by reference at Chapter 5, § 5-10 herein, whenever the Animal Control Officer has reasonable cause believe that the dog either: 1) attacked a person and caused death or serious bodily injury as defined in N.J.S.A. 2C:11-1(b) to that person; 2) caused bodily injury as defined in N.J.S.A. 2C:11-1(a) to a person during an unprovoked attack and poses a serious threat of harm to persons or domestic animals; 3) engaged in dog fighting activities as described in N.J.S.A. 4:22-24 and N.J.S.A. 4:22-26; or 4) has been trained, tormented, badgered, baited or encouraged to engage in unprovoked attacks upon persons or domestic animals.
[Amended 10-6-2020 by Ord. No. 34-2020]
f.
Any person who violates this section shall upon conviction be subject to the penalties provided in § 5-16.
g.
This
section shall be enforced by the Animal Control Officer, the members
of the Police Department, the Code Enforcement Officer and the members
of the Health Department.
[1966 Code § 6-11; Ord. No. 5-95; amended 10-6-2020 by Ord. No. 34-2020]
Sections 4:19-17 through 4:19-37 et seq. of the New Jersey Statutes, the "Vicious and Potentially Dangerous Dog Act" and the amendments and supplements thereto are hereby adopted and incorporated by reference herein. Whenever a dog is declared a "vicious dog" or "potentially dangerous dog," and all appeals pertaining thereto have been exhausted, the owner of the dog shall be liable to the Borough for the costs and expenses of impounding and euthanizing the dog in accordance with the schedule of these costs and expenses set forth at § 5-14 herein. The owner shall incur the expense of impounding the dog in a facility other than a municipal pound, regardless of whether the dog is ultimately found to be vicious or potentially dangerous.
[1966 Code § 6-12; Ord. No. 5-95; Ord. No. 23-2007 § 4;
amended 2-4-2020 by Ord. No. 3-2020]
a.
No person shall keep within the Borough any dog causing a nuisance
and disturbing the peace and quiet of the neighborhood in which it
shall be kept by chronically howling, barking or making and causing
other sounds or noises, particularly between the hours of 10:00 p.m.
and 7:00 a.m.
b.
It shall be unlawful for any property owner or tenant to allow any
domesticated or caged animal to create a sound across a real property
line which unreasonably disturbs or interferes with the peace, comfort
and repose of any resident, or to refuse or intentionally fail to
cease the unreasonable noise when ordered to do so by a police officer
or Animal Control Officer. Prima facie evidence of a violation of
this section shall include, but not be limited to:
1.
Vocalizing (howling, yelping, barking, squawking, etc.) for five
minutes without interruption, defined as an average of four or more
vocalizations per minute in that period; or
2.
Vocalizing for 20 minutes intermittently, defined as an average of
two vocalizations or more per minute in that period.
c.
It is an affirmative defense under this section that the dog or other
animal was intentionally provoked to bark or make any other noise.
[1966 Code § 6-13; Ord. No. 5-95]
a.
Any person who keeps or operates or proposes to establish a kennel, a pet shop, a shelter or pound shall apply to the Health Department for a license entitling him to keep or operate such establishment and shall pay an annual fee as established in § 5-14. The application shall describe the premises where the establishment is located or is proposed to be located and the purpose for which it is to be maintained.
b.
All licenses issued for a kennel, pet shop, shelter or pound shall expire on the last day of June of each year and be subject to revocation by the Borough for failure to comply with rules and regulations governing kennels, pet shops, shelters and pounds pursuant to the New Jersey Administrative Code, Title 8, Chapter 23, Subchapter 3, and this chapter. Any person holding such license shall not be required to secure individual licenses for animals owned by such licensee and kept at such establishment; such licenses shall not be transferable to another owner or different premises.
c.
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 method of
safe control.
[1966 Code § 6-14; Ord. No. 5-95; Ord. No. 5-98]
The Health Officer or any person appointed for the purpose,
which person may include the Chief of Police, shall annually cause
a canvass to be made of all dogs and cats owned, kept or harbored
within the limits of the Borough and shall report on or before September
1 of each year to the licensing official and to the Department of
Health and to the New Jersey State Department of Health the results
thereof, setting forth in separate columns the name and addresses
of persons owning, keeping or harboring unlicensed dogs or cats and
the number of unlicensed dogs or cats owned, kept or harbored by each
person, together with a complete description of each unlicensed dog
or cat.
[1966 Code § 6-15; Ord. No. 5-95; Ord. No. 5-98; Ord. No. 9-98; Ord. No.
10-2003 § I; Ord. No.
04-2005 §§ III, IV; Ord. No. 23-2007 § 5; Ord. No. 4-2008 § 1; Ord. No. 17-2011; Ord. No. 3-2012; Ord. No. 12-2013; Ord. No. 7-2014; Ord. No.
4-2016 § 3; amended 2-4-2020 by Ord. No. 3-2020; 3-3-2020 by Ord. No. 13-2020]
The following fees shall be paid to the Borough in compliance
with this chapter:
b.
Surrender fees: $50 per animal.
d.
Pet shop, annual: $10.
e.
Potentially dangerous dog license and registration tag, annually:
$500.
f.
Quarantines and impounded bite cases: $25 a day. Payment of impound
fees under this section shall be payable every 10th day of quarantine
or impound. If fees are not paid within 48 hours of the 10th day,
ownership shall be forfeited and the animal becomes the property of
the shelter to be disposed of in a manner approved by and in accordance
with state law.
[Amended 7-21-2020 by Ord. No. 23-2020]
g.
Reclaim fee:
h.
Adoption fees. Vary based on the individual animal and will range
from $25 to $250.
j.
Removal of dead animals and release of nuisance wildlife contained
by resident on private property: $25.
k.
Euthanasia of quarantined pets and, in special circumstances, owner-released
pets:
[1966 Code § 6-16; Ord. No. 5-95]
No person shall hinder, molest or interfere with anyone authorized
or empowered to perform any duty under this chapter.
[1966 Code § 6-17; Ord. No. 5-95; Ord. No. 18-98; Ord. No. 23-2007 § 6; amended 10-6-2020 by Ord. No. 34-2020]
a.
Except with respect to any vicious dog or potentially dangerous dog, any person who violates or who fails or refuses to comply with the provisions of §§ 5-9, 5-11, 5-12 and/or 5-15 of this chapter shall be subject to a fine of not less than $100. Second and third subsequent offenses shall be graduating, except that a fine shall not exceed $1,250.
b.
The owner(s)
and/or keeper(s) of a vicious dog and/or potentially dangerous dog
who is found by clear and convincing evidence to have violated the
"Vicious and Potentially Dangerous Dog Act," N.J.S.A. 4:19-17 through
37, or any rule or regulation adopted pursuant thereto, or to have
failed to comply with a court’s order shall be subject to a
fine of not more than $1,000 per day of the violation, and each day’s
continuance of the violation shall constitute a separate and distinct
violation. The municipal court shall have jurisdiction to enforce
this section. An animal control officer is authorized to seize and
impound any potentially dangerous dog whose owner fails to comply
with the provisions of the "Vicious and Potentially Dangerous Dog
Act," N.J.S.A. 4:19-17 through 37, or any rule or regulation adopted
pursuant thereto or a court order. The municipal court may order the
dog so seized and impounded to be euthanized in an expeditious and
humane manner.
[Ord. No. 18-98]
It shall be unlawful to feed or to bait bears and/or undomesticated
animals in any manner. For purposes of this ordinance "undomesticated
animals" shall be defined as any four legged mammal which lives in
the wild and has not been trained to live in a human environment and
which has the potential for attacking humans.
[Ord. No. 23-2007 § 7]
It is unlawful for any person by any means to knowingly and
recklessly make accessible to any animal, with intent to cause harm
or death, any substance which has in any manner been treated or prepared
with any harmful or poisonous substance. This provision shall not
be interpreted so as to prohibit the use of poisonous substances for
the control of vermin in furtherance of the public health, when applied
in such a manner as to reasonably prohibit access to other animals.
[Ord. No. 18-98; Ord. No. 23-2007 § 7; amended 10-6-2020 by Ord. No. 34-2020]
Any person violating any provisions of this section shall be
subject to a fine of not less than $100 nor more than $1,000 and be
subject to community service for not more than 90 days.
[Ord. No. 10-2006 § 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 the Borough of Bloomingdale, so as to protect public health, safety
and welfare, and to prescribe penalties for failure to comply.
[Ord. No. 10-2006 § 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 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. 10-2006 § III]
No person shall feed, in any public park or on any other property
owned or operated by the Borough of Bloomingdale, 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).
[Ord. No. 10-2006 § IV;
amended 2-4-2020 by Ord. No. 3-2020]
[Ord. No. 10-2006 § 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 $500.
[1966 Code § 6-18; Ord. No. 5-95; Ord. No. 23-2007 § 9;
amended 2-4-2020 by Ord. No. 3-2020]
The shelter and care of animals in the Borough of Bloomingdale
shall be governed by the provisions of N.J.S.A. 4:22-17 through 4:22-25.5
governing the prevention of cruelty to animals.
[1966 Code § 6-19; Ord. No. 5-95; amended 2-4-2020 by Ord. No. 3-2020]
a.
It shall be the duty of every person within the Borough to forthwith
report any instances of animal cruelty to the Humane Law Enforcement
Officer or the Animal Control Officer.
b.
Any person who, as the operator of a motor vehicle, accidentally
strikes a domestic animal shall stop at once and render such assistance
as may be possible and shall immediately report such injury or death
to the animal's owner or local police department.
[1966 Code § 6-20; Ord. No. 5-95; New]
[Ord. No. 9-2006 § I]
The purpose of this section is to establish requirements for
the proper disposal of pet solid waste in the Borough of Bloomingdale
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 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 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 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.
[Ord. No. 9-2006 § III]
All pet owners and keepers are required to immediately and properly
dispose of their pet's solid waste deposited on any property, public
or private, not owned or possessed by that person.
[Ord. No. 9-2006 § IV]
Any owner or keeper who requires the use of a disability assistance
animal shall be exempt from the provision of this section while such
animal is being used for that purpose.
[Ord. No. 9-2006 § V;
amended 2-4-2020 by Ord. No. 3-2020]
The provisions of this section shall be enforced by the Police
Department, the Board of Health of the Borough of Bloomingdale and/or
the Animal Control Officer.
[Ord. No. 9-2006 § VI]
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 $500.
