Borough of Rockaway, NJ Article VIII Keeping of Animals

§ 261-33 License required.

A. No person shall keep animals or poultry used for sale or commercial purposes or operate a kennel, pet shop, shelter or pound on any premises within the Borough of Rockaway unless a license for any such purpose shall have been first secured from the Board covering the premises to be so used.

B. No license for the keeping or raising of animals or poultry or for the operation of a kennel, pet shop, shelter or pound shall be granted to any person when the keeping or raising of such animals or poultry or the operation of such a kennel, pet shop, shelter or pound, because of the nature or characteristics thereof, would be detrimental to the general health of residents of the neighborhood of the premises sought to be so licensed.

§ 261-34 Restrictions.

A. No person shall keep any animals in a hutch or coop of a size having less than eight square feet of floor space and being less than two feet in height without special permission from the Board.

B. No dog kept in a kennel, pet shop or pound shall be permitted off such premises except on a leash or in a crate or other safe control.

C. The keeping of five dogs or more over the age of six months per premises shall be deemed a kennel.

D. All kennels, pet shops, shelters or pounds shall conform with the regulations now or hereafter in force under ordinances, the Building Code[1] and state laws.

[1] Editor's Note: See Ch. 115, Construction Codes, Uniform.

E. No person, firm or corporation shall keep or maintain live poultry, birds or fowl of any kind (other than song birds), rabbits, hares, guinea pigs or other animal or animals (other than dogs and cats) within 60 feet of any dwelling house, place of business, public buildings or public street, stream, lake or park.

F. No person, firm or corporation shall keep or maintain live poultry, birds or fowl of any kind (other than song birds), rabbits, hares, guinea pigs or other animal or animals (other than dogs and cats) within 100 feet of any dwelling house, other than the residence of such person or place of business of such person, firm or corporation, unless such person, firm or corporation shall first obtain a license from the Board of Health upon written application therefor and shall comply with Subsection A and the following:

(1) Each pen, run, cage, coop, stable or enclosure shall be kept dry and adequately ventilated and shall be cleaned daily and kept sanitary at all times.

(2) No part of any pen, run, cage, coop, stable or enclosure shall be nearer than 25 feet to the side or rear line of the plot upon which the same shall be situated.

(3) No domestic poultry, birds or fowl or any kind, rabbits, hares or guinea pigs shall be permitted to run or fly at large.

(4) Each application for a license shall specifically set forth by kind and number that which is sought to be kept or maintained.

(5) The consent of each principal occupant of every dwelling house and place of business of which any part thereof shall be situated within 100 feet of any part of such pen, run, cage, coop, stable or enclosure shall be obtained and remain unrevoked.

(6) Each application for a license shall set forth the name and address of all persons whose consents are required by Subsection F(5).

G. Fees for each keeping of animals license or keeping of poultry license or any renewal thereof shall be as specified in § 261-63. Fees for kennels, pet shops, shelters or pounds shall be in accordance with applicable regulations specified in Subsection D.

[Amended 12-11-2014 by Ord. No. 18-14]

H. Any license prescribed herein shall be issued for the calendar year only and shall expire December 31 of each year unless otherwise revoked. The license shall apply only to the person, firm or corporation to whom issued and shall not be transferable.

§ 261-35 Control of disease.

A. No person shall keep any animal affected with skin mange, coccidiosis, parasitic worms or other disease contagious to other animals or human beings, and any such animal so affected shall immediately be destroyed under the direction of the Board.

B. Any hutch or coop wherein such affected animal is found and all adjoining hutches or coops shall be destroyed or thoroughly disinfected with a germicide approved by the Board and under the direction of the Board.

C. The provisions of this article shall not apply to any animal under regular professional treatment by a duly licensed veterinarian, but all said provisions shall fully apply when such treatment shall be discontinued without a full cure having been effected or when such veterinarian shall certify that, in his opinion, such cure cannot be effected.