[Ord. No. 30-95 § 5.1]
As used in this chapter:
- CERTIFIED ANIMAL CONTROL OFFICER
- Shall mean a person 18 years of age or older who has satisfactorily completed a course of study approved by the Commissioner of Health of the State of New Jersey on the control of animals, as prescribed in N.J.S.A. 4:19-15.1 et seq., or who has been employed in the State of New Jersey in the capacity of and with similar responsibilities to those required of certified animal control officers pursuant to the provisions of N.J.S.A. 4:19-15.1 et seq., for a period of three years.
- LICENSE AGE
- Shall mean any dog or cat which has attained the age of seven months or which possesses a set of permanent teeth.
- Shall mean rendered permanently incapable of reproduction as certified by a licensed veterinarian.
- When applied to the proprietorship of a dog or cat, shall mean any and every person having a right of property in any dog or cat, and any and every person who has a dog or cat in his custody, and any and every person exercising control over a dog or cat or permitting a dog or cat to remain on the premises under his control.
- Shall mean any dog secured by a leash or lead, or under the control of a responsible person and obedient to that person's commands within the real property limits of its owner.
[Ord. No. 30-95 § 5.2]
The Mayor shall have the power to appoint a Certified Animal Control Officer whose duty is to enforce the provisions of this chapter.
[Ord. No. 30-95 § 5.3]
Licenses for dogs or cats of license age shall be required by:
Any and every person who shall own, keep or harbor a dog or cat of license age shall, on or before January 31 of each year, procure from the Clerk, a license and official metal registration tag for each dog or cat so owned, kept or harbored and shall place upon each such dog or cat, a collar or harness with the registration tag securely fastened thereto.
Any dog or cat of license age acquired by any and every person during the course of any calendar year and kept within the Borough for more than 10 days after acquisition.
Any dog or cat attaining license age during the course of the calendar year.
Any dog or cat of license age by another State, brought into the Borough by any and every person and kept within the Borough for more than 90 days.
Only one license and registration tag shall be required in any licensing year for a dog or cat owned in New Jersey, and a license and tag issued by other municipalities of this State shall be accepted by the Borough as evidence of compliance with this chapter.
[Ord. No. 1-95; Ord. No. 9-95; Ord. No. 30-95 § 5.4; Ord. No. 4-96; Ord. No. 11-96; Ord. No. 2-98; Ord. No. 4-99 § 1; New; Ord. No. 02-00 § 1; Ord. No. 01-01 § 1; Ord. No. 02-02 § 1; Ord. No. 01-03 § 1; Ord. No. 23-03 § 1; Ord. No. 03-05 § 1; Ord. No. 03-06 § 1]
Each application for a dog or cat license shall be made to the Clerk and shall contain the following information:
A general description of the dog or cat sought to be licensed, including breed, sex, age, color and whether the dog or cat is of long- or short-haired variety.
Name, street, post office address and telephone number of the owner of the dog or cat, or of the person who shall keep the dog or cat, if other than the owner.
Proof of rabies vaccination, effective for an entire licensing year, must accompany the application.
If the dog or cat has been spayed or neutered, and the animal has never been previously licensed by the Borough, proof of spaying and neutering must accompany the application.
The application shall be accompanied by the fees as set forth in the Borough Schedule of fees on file in the office of the Borough Clerk.
Registration number and tag shall be issued in the order in which they are received. A uniform official metal registration tag designed by the State Department of Health shall be issued and shall be numbered serially and shall bear the year of issuance and the name of the Borough.
[Ord. No. 30-95 § 5.5]
Dogs commonly known as "Seeing Eye Dogs," used as guides for blind persons, shall be licensed in the same manner as other dogs, except that the owner shall not be required to pay any fee.
[Ord. No. 30-95 § 5.6]
No person shall own a dog or cat, including farm cats, within the Borough unless it has been vaccinated against rabies.
[Ord. No. 30-95 § 5.7]
Vaccinations shall be performed by a veterinarian licensed to practice in the State of New Jersey. The vaccine used shall be from a manufacturer licensed by the Bureau of Animal Industry of the United States Department of Agriculture. The dosage shall be as recommended by the manufacturer. All dogs or cats shall be re-vaccinated before the expiration of the period of time for which the vaccine is known to be effective.
[Ord. No. 30-95 § 5.8]
The Borough Clerk may exempt any dog or cat from the provisions of subsections 5-4.1 through 5-4.4 if there is presented a certificate from a licensed veterinarian stating that it would be undesirable to vaccinate a particular dog or cat for a specified period of time because of the age of the dog or cat, or an infirmity or other physical condition.
No vaccination shall be required for any dog or cat confined to a licensed kennel, animal shelter, pet shop or veterinary hospital.
[Ord. No. 30-95 § 5.9]
Evidence of rabies vaccination shall be in the form of a certificate issued by the veterinarian performing the vaccination. The certificate shall either be on a form approved by the Director of Health and Welfare or on a standard immunization certificate used by the veterinarian.
[Ord. No. 30-95 § 5.10]
No person, except the Animal Control Officer or a Police Officer in the performance of his duties, shall remove a registration tag from the collar of any dog or cat without the consent of the owner, or attach a registration tag to a dog or cat for which it was not issued.
[Ord. No. 30-95 § 5.11]
No person owning an animal shall permit it to run at large upon the public streets or in any public park, in any public building or in any other public place within the Borough, nor permit an animal to run at large upon private property without the permission of the owner.
[Ord. No. 30-95 § 5.12]
No person owning a dog shall permit it on the public streets or in any other public place in the Borough unless the dog is securely fastened to an adequate leash not more than eight feet long and is accompanied by a person capable of controlling it.
[Ord. No. 30-95 § 5.13]
"Noise disturbance" may be defined as sounds made from any animal or bird, frequently or for continued duration, that creates a disturbance across a residential real property line. "Noise disturbance from a barking dog" may be defined as that created by a dog barking continuously for 10 minutes or intermittently for 30 minutes.
[Ord. No. 30-95 § 5.14]
No person owning or in control of any animal shall permit it to damage any lawn, shrubbery, flower, grounds or other property.
[Ord. No. 30-95 § 5.15]
No person, agency or institution owning, harboring, keeping or in charge of any dog shall cause, suffer or allow such animal to soil, defile, defecate or commit any nuisance upon any public or private property whatsoever, except with the express authority or permission of the owner of the property.
The restriction of this section shall not apply to the portion of the street lying between the curblines or, in the absence of curbs, the portion of street lying between the edge of the roadway shoulder and the right-of-way line, which may be used to curb such animals under the following conditions:
The person who so curbs such animal shall immediately remove all feces deposited by such animal by any sanitary method approved by the Department of Health and Welfare.
The feces removed from the aforementioned designated area shall be disposed of by he person owning, harboring, keeping or in charge of the animal curbed in accordance with the provisions of this section in a sanitary manner on the person's own property.
[Ord. No. 10-05 §§ I — VI]
Purpose. The purpose of this subsection is to establish requirements for the proper disposal of pet solid waste in the Borough of Jamesburg, so as to protect public health, safety and welfare, and to prescribe penalties for failure to comply.
Definitions. For the purpose 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 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.
- PET SOLID WASTE
- Shall mean waste matter expelled from the bowels of the pet; excrement.
- 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.
Requirement for Disposal. 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.
Exemptions. Any owner or keeper who requires the use of a disability assistance animal shall be exempt from the provisions of this subsection while such animal is being used for that purpose.
Enforcement. The provisions of this subsection shall be enforced by the Police Department, Department of Public Works or the Zoning Officer of the Borough of Jamesburg.
Violations and Penalty. Any person(s) who is found to be in violation of the provisions of this subsection shall be subject to a fine not to exceed $100.
[Ord. No. 30-95 § 5.16]
The Animal Control Officer and Police Officer shall take into custody and impound any of the following animals:
Any animals running at large in violation of the provisions of this chapter.
Any animals off the premises of the owner, which the Animal Control Officer or a Police Officer has reason to believe is a stray dog or cat.
Any dog or cat off the premises of its owner without a current registration tag on its collar.
Any female dog in-season off the premises of its owner.
[Ord. No. 30-95 § 5.17]
The Animal Control Officer or any Police Officer, in the performance of his duties, may destroy any of the following animals:
Any dog or cat determined to be a vicious dog or cat in the manner provided in Section 5-11, subject to all the restrictions of those sections, or any dog or cat which has just attacked a human being without provocation and which cannot be seized with safety.
Any animal which is, or appears to be suffering from rabies, or which is otherwise immediately dangerous to the public.
Any animal which has been so badly injured that it cannot be moved or helped by a veterinarian.
[Ord. No. 30-95 § 5.18]
If any animal impounded or seized, wears a registration tag or a collar or harness having inscribed on or attached to it, the name and address of any person or the owner of the animal, a notice shall immediately be served on the person whose address is given on the collar or on the person owning the animal, stating that the animal has been seized and will be liable to be disposed of or destroyed if not claimed within seven days after the service of the notice. 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 last known place of abode, or at the address given on the collar, or by forwarding it by mail on a prepaid postcard, addressed to the person at his usual or last known place of abode, or to the address given on the collar.
[Ord. No. 30-95 § 5.19]
Any impounded animal may be destroyed in as humane a manner as possible under any of the following contingencies:
A seized animal which has not been claimed by any person within seven days after notice, or within seven days of the animal's seizure when notice cannot be given.
If the owner or person keeping or harboring the animal seized has not paid all expenses incurred by reason of its seizure, including a maintenance charge not to exceed $10 per day.
[Ord. No. 30-95 § 5.20; Ord. No. 1-95]
Any person whose animal shall be seized by the Animal Control Officer or a Police Officer, shall pay an administration fee to the Borough Clerk for each time that an animal has been picked up and impounded, and the full maintenance charge to the holding facility for each full or partial day held, or the limit set forth in N.J.S.A. 4-19-15.16. The fees shall be as set forth in the Borough Fee Schedule on file in the office of the Borough Clerk.
[Ord. No. 30-95 § 5.21]
When any dog or cat attacks or bites a human being, any officer or agent authorized or empowered to perform any duty under this chapter, may order the owner of the dog or cat to confine it, either on the owner's premises or at any other reasonable location designated by the officer for a period of at least 10 days. The expenses of such confinement shall be borne by the owner of the confined animal.
[Ord. No. 30-95 § 5.22]
Any officer or agent authorized or empowered to perform any duty under this chapter shall have the right to examine any dog or cat confined under the provisions of subsection 5-7.1 at any reasonable time, including daily examination, for a period of 10 days after the dog or cat has attacked or bitten any person, to ascertain whether the animal shows symptoms of rabies.
[Ord. No. 30-95 § 5.23]
Regardless of whether or not the period of time from which the owner was directed to confine the dog or cat has expired, no dog or cat confined under the provisions of subsection 5-7.1 shall be released from quarantine until the Animal Control Officer issues a certificate of release. The certificate shall only be issued after either the person designated by the Animal Control Officer, or his representative, has examined the dog or cat or a licensed veterinarian has certified, in writing, that the animal appears to be healthy and free from rabies.
[Ord. No. 30-95 § 5.24]
Whenever the Animal Control Officer, or his representative, is notified by the State Department of Health, or officer determines that a danger or an epidemic of rabies in the Borough of Jamesburg exists, he shall order all persons owning or having custody of dogs or cats in the Borough to confine their dogs or cats to their own premises. Notice that any such order has been issued may be either written or oral and may be served personally, by mail, by publication in a newspaper circulating in the Borough, by conspicuously posting it in public place or by any other method calculated to actually reach the persons affected.
[Ord. No. 18-11 § 1]
The Borough of Jamesburg has suffered from the presence of feral cats on residential and commercial property. These animals have been known to carry disease and otherwise constitute a nuisance within the authority of the Borough to remedy. The goal of this section is to discourage the presence of these animals by prohibiting the feeding of or caring for unlicensed cats.
[Ord. No. 18-11 § 2]
No person may own, keep, contain, possess, maintain, care for, feed or in any way attract or harbor any cat within the Borough of Jamesburg, unless such cat is vaccinated and licensed in accordance with the Revised General Ordinances of the Borough of Jamesburg. The provisions of this section shall not apply to cats held by a veterinary establishment where cats are received or kept for diagnostic, medical, surgical or other treatments, or licensed animal shelter, pound, kennel, pet shop, or other similarly licensed business establishment.
[Ord. No. 18-11 § 3]
Upon receipt of a complaint of unlicensed cats on a residential or commercial property or upon his own observation of same, the Borough's Animal Control Officer shall take the following steps:
First Complaint or Observation. The Animal Control Officer will visit the property and document any evidence of a violation of this section by photographic or other means as appropriate. The Animal Control Officer shall offer the property owner or manager a copy of this section as amended and a copy of the fine schedule in effect at that time.
Second and Subsequent Complaints or Observations. Upon receipt of a second or subsequent complaint regarding the same property, the property owner or person found to have violated this section shall, upon conviction, be subject to the fines provided in the Revised General Ordinances of the Borough of Jamesburg. The Animal Control Officer shall impound any unlicensed cats off the property of the cat's owner discovered on the premises. Any cat impounded by the Animal Control Officer, and later determined to be owned, but unlicensed, shall be released to the cat's owner only after all fines are paid, the cat has been licensed, and all other fees incurred by the Borough or its agents are paid.
[Ord. No. 18-11 § 5]
Fines. Any person, upon conviction of a violation of the provisions of this section shall be subject to the following fines:
Liabilities for Costs. In addition to any fines provided in this section, any person found owning, keeping, containing, possessing, maintaining, caring for, feeding, or in any way attracting or harboring any cat without complying with the licensing, vaccination and other requirements of the Borough of Jamesburg shall, upon conviction, be responsible for any costs incurred by the Borough to capture, collect, or otherwise impound those cats.
Tampering with Traps Prohibited. No person shall release any cat from a trap utilized by the Borough's Animal Control Officer or his designee. Nor shall any person tamper with, steal, or destroy any such trap, or otherwise interfere with the performance of the Animal Control Officer's duties. Any person found to have violated this section shall, upon conviction of the violation, be subject to one or more of the following penalties: a fine not exceeding $2,000, or imprisonment in the County jail for a period not exceeding 90 days, or to a period of community service not to exceed 90 days.
[Ord. No. 30-95 § 5.28]
An Animal Control Officer shall seize and impound a dog or cat when the officer has reasonable cause to believe that the dog or cat:
Attacked a person and caused death, or serious bodily injury as defined in N.J.S.A. 2C:11-1(b) to that person;
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;
Engaged in dog fighting activities as described in N.J.S.A. 4:22-24 and N.J.S.A. 4:22-26; or
Has been trained, tormented, badgered, baited or encouraged to engage in unprovoked attacks upon persons or domestic animals.
The dog or cat shall be impounded until the final disposition as to whether the dog or cat is vicious or potentially dangerous. Subject to the approval of the Health Officer, the dog or cat may be impounded in a facility or other structure agreeable to the owner.
[Ord. No. 30-95 § 5.29]
It shall be the duty of the Chief of Police and the Animal Control Officer and any Police Officer to receive and investigate complaints against a dog or cat. If he deems the dog or cat a vicious dog or cat as defined in Section 5-1 of this chapter, he shall issue a Borough summons to the owner.
[Ord. No. 30-95 § 5.30]
The Animal Control Officer shall, through a reasonable effort, attempt to determine the identity of the owner of any dog or cat seized and impounded pursuant to subsection 5-10.1. If its owner cannot be identified within seven days, that dog or cat may be humanely destroyed.
The Animal Control Officer shall, within three working days of the determination of the identity of the owner of a dog or cat seized and impounded pursuant to subsection 5-10.1 notify by certified mail, return receipt requested, the owner concerning the seizure and impoundment and that, if the owner wishes, a hearing will be held to determine whether the impounded dog or cat is vicious or potentially dangerous. This notice shall also require that the owner return within seven days, by certified mail or hand delivery, a signed statement indicating whether he wishes the hearing to be conducted or, if not, to relinquish ownership of the dog or cat, in which case the dog or cat may be humanely destroyed. If the owner cannot be notified by certified mail, return receipt requested, or refuses to sign for the certified letter, or does not reply to the certified letter with a signed statement within seven days of receipt, the dog or cat may be humanely destroyed.
[Ord. No. 30-95 § 5.31]
The Municipal Court shall declare the dog or cat vicious if it finds by clear and convincing evidence that the dog or cat:
A dog or cat shall not be declared vicious for inflicting death or serious bodily injury as defined in N.J.S.A. 2C:11-1(b) upon a person if the dog or cat was provoked. The municipality shall bear the burden of proof to demonstrate that the dog or cat was not provoked.
If the Municipal Court declares a dog or cat to be vicious, and no appeal is made of this ruling pursuant to N.J.S.A. 4:19-25, the Court may order the dog or cat be destroyed in a humane and expeditious manner, except that no dog or cat may be destroyed during the pendency of an appeal, or the Court may order the dog or cat confined in accordance with subsection 5-11.4.
The Municipal Court shall also declare a dog or cat vicious if that dog or cat has attacked or bitten, or has attempted to attack or bite, any human being without provocation, or which, has more than twice during a calendar year either attacked or bitten other dogs or cats or domestic animals or has destroyed property. For a violation of the paragraph however, a dog or cat shall be subject to confinement only. Any dog or cat declared vicious under this paragraph and found unaccompanied by its owner or the owner's agent outside the confines established may be impounded in accordance with Section 5-6. Following the second such violation, the Animal Control Officer or any Police Officer shall issue a summons to the owner of such animal. If the Municipal Court finds by clear and convincing evidence that the animal has been outside its place of confinement, it may order the animal be destroyed in a humane and expeditious manner.
[Ord. No. 30-95 § 5.32]
No person owning or having control of a dog or cat which has been determined to be vicious shall permit it to be outside of confines of a building structure unless the yard or property is enclosed in such a fashion that the dog or cat will not be able to run at large.
[Ord. No. 30-95 § 5.33]
Any and all persons owning or controlling an attack or guard dog on premises within the municipality, shall file with the Borough Clerk, a certification of registration which shall set forth the name(s) of the owner(s) and person(s) in control of such premises and the street address thereof. The registration shall occur within 72 hours from the time the dog is brought to the premises. Registration of each guard or attack dog shall be accompanied by a fee of $25 for each dog so registered.
The Animal Control Officer or his designee shall notify the Police Department, the Board of Fire Commissioners, each Fire Company, and each First Aid Squad servicing the Borough or any part thereof of the fact that an animal has been registered under the provisions of this section.
Any and all persons owning or controlling an attack or guard dog shall also secure from the Borough a tag indicating that the animal is registered as an attack or guard dog. The tag shall not be issued unless the person owning or controlling the attack or guard dog shall furnish proof that the animal has been inoculated with the rabies vaccine and has been registered with the Borough Clerk.
Failure to register the attack or guard dog and to secure the tag and have the tag securely fastened to the animal shall be a violation of this section.
[Ord. No. 30-95 § 5.34]
It shall be unlawful for any guard or security service to have upon any premises within the Borough any guard or attack dog unless:
[Ord. No. 30-95 § 5.35]
The owner, or other persons in control if not the owner, of all premises upon which attack or guard dogs are maintained, shall post signs stating, "Warning - Attack or Guard Dog on Premises."
If attack or guard dogs are owned or maintained on any premise by any guard or security service, in addition to the signs required by paragraph a above, the following information shall be posted: name of the service, address of the service, telephone number at which a responsible party of the service can be reached, name and address of owner or person in control of the premises. Nothing herein shall be construed so as to prevent the sign required by this subsection to be a single sign, provided all of the information required by paragraph a and b are contained therein.
All signs required by this section shall be posted on, over, or next to all exterior doors, and at least on such sign shall be posted at each driveway or entrance to the premises.
All signs required by this section shall contain lettering clearly visible from the lesser distance of the curbline or 50 feet.
[Ord. No. 30-95 § 5.36]
The Chief of Police and Animal Control Officer shall each year cause a canvass to be made of all dogs owned, kept or harbored within the limits of the Borough and shall cause a report of the result thereof to be filed with the Clerk.
[Ord. No. 30-95 § 5.37]
License fees and other monies collected or received under the provisions of this chapter shall be forwarded to the Treasurer 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 animals liable to seizure, local prevention and control of rabies, providing anti-rabies treatment under the direction of the Board of Health for any person known or suspected to have been exposed to rabies, or administering the provisions of this chapter. Any unexpended 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 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 such account which is in excess of the total amount paid into the special account during the last two fiscal years next preceding.
[Ord. No. 30-95 § 5.27]
Any person conducting, managing or operating any kennel and engaged in the business of boarding or housing animals within the limits of the Borough, shall pay for the privilege of maintaining, conducting or operating such kennel, a license fee as established by N.J.S.A. 4:19-15.9. The license tax shall be in lieu of individual taxes for such animals.
[1982 Code § 3-14]
No person shall keep, harbor or maintain any cattle, swine, goats or deer of every species and kinds, in the Borough.
[Ord. No. 30-95 § 5.25]
Any officer authorized or empowered to perform any duty under this chapter may go upon any premises to seize for impounding, any animal or animals which he may lawfully seize and impound when he is in immediate pursuit of such animal or animals, except that he shall not go upon the premises of the owner of the animal if the owner is present and forbids it.
[Ord. No. 30-95 § 5.26]
No person shall interfere with anyone authorized or empowered to perform any duty under this chapter.
[Ord. No. 30-95 § 5.38]
Any violation of any of the provisions of this chapter shall upon conviction, be punishable by a fine not to exceed $50 or by imprisonment for a term not to exceed 10 days or by both fine and imprisonment, and each day that the violation continues shall be deemed to constitute a separate offense, provided that the maximum penalty for violation of any of the provisions of this chapter shall not exceed $1,000, imprisonment for a period of 90 days or both.
[Ord. No. 09-05 § 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 Jamesburg, so as to protect public health, safety and welfare, and to prescribe penalties for failure to comply.
[Ord. No. 09-05 § 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. 09-05 § III]
No person shall feed, in any public park or on any other property owned or operated by the Borough of Jamesburg, any wildlife, excluding confined wildlife (for example, wildlife confined in zoos, parks or rehabilitation centers, or unconfined wildlife at environmental education centers).
[Ord. No. 09-05 § IV]
[Ord. No. 09-05 § 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 $100.