[HISTORY: Adopted by the Board of Health of the Borough of Madison as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-30-1997 by Ord. No. BH 3-97]
This article shall be known as the "User Charge for Management and Transportation of Rabid Animals Ordinance."
The findings of the Board of Health concerning the management and transportation of suspected rabid animals is as follows:
The Board of Health has the primary statutory responsibility (N.J.S.A. 26:4-78 et seq.) to manage and to transport rabid animals to the New Jersey State Department of Health and Senior Services, Division of Public Health and Environmental Laboratory, Virology Program, Rabies Laboratory Unit (hereinafter "RLU"), located in Trenton, New Jersey, through its Board of Health Department.
There has been a significant increase in the number of animals transported to Trenton in the last two years.
The Board of Health must incur automotive, mileage, fuel and personnel charges for the management and the transportation of these rabid animals.
The Board of Health desires to institute a user charge for the management and the transportation of rabid animals to the RLU located in Trenton, New Jersey, in order to generate revenues for the payment of such services and to motivate those owners responsible for the animals to take appropriate measures to vaccinate their animals against rabies.
The Board of Health annually adopts a resolution for certain charges and fees for services rendered to the public.
There is hereby imposed a user charge upon every owner of a suspected rabid animal that must be transported to Trenton, which shall be established by the Board of Health annually by a resolution for certain charges and fees for services rendered to the public.
As used in this article, the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended:
- Any dog, cat or other animal which 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.
- BOARD OF HEALTH
- The Board of Health of the Borough of Madison.
- Includes, 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 or 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.
- USER CHARGE
- The user charge shall be the amount established annually by Board of Health resolution.
Within 30 days of the transportation of the animal, the Board of Health shall mail an invoice for the user charge, established by annual resolution, to the owner of the animal at the address of the owner set forth on the license for the animal, if available, otherwise to the owner's last known address. Each invoice shall be paid in full within 30 days of its date.
All user charges mentioned in this section shall be paid to and retained by the Board of Health.
Within 30 days of the date of mailing the invoice, the owner of the animal may appeal the imposition of the user charge to the Board of Health. The Board of Health's decision upholding, modifying or reversing the invoice shall constitute final administrative action.
The Health Officer, or his or her designee, shall issue a violation notice and/or summons if such invoice is not paid in full within 30 days of its due date or within 30 days of the final administrative date, whichever is later. The complaint shall be delivered by the Health Officer, or his or her designee, or sent by certified mail to the alleged violator.
Unless otherwise provided by law, statute or ordinance, any person violating any of the provisions of this article shall, upon conviction thereof, pay a fine of not less than $100 nor more than $500, together with court costs. Complaint shall be made in the Municipal Court of the Borough of Madison or before such other judicial officer having authority under the laws of the State of New Jersey.