[Adopted 3-9-1993 by Ord. No. 93-11 (Art.
IV of Ch. 76 of the 1979 Code)]
As used in this article, the following terms
shall have the meanings indicated:
Any person or agency designated or certified by the Township
of Montclair to enforce the provisions of this article.
Any member of the species Felis catus.
[Amended 12-20-2022 by Ord. No. O-22-26]
Any cat which has attained the age of seven months or which
possesses a set of permanent teeth.[1]
The agency or department of the Township of Montclair or
any designated representative thereof charged with administering the
issuance and/or revocation of permits and licenses under the provisions
of this article.
Rendered permanently incapable of reproduction as certified
by a licensed veterinarian.
When applied to the proprietorship of a cat, includes every
person having a right of property (or custody) in such cat and every
person who has such cat in his/her keeping or who harbors or maintains
a cat or knowingly permits a cat to remain on or about any premises
occupied by that person.
[1]
Editor's Note: The former definition of "cattery," which immediately
followed this definition, was repealed 12-20-2022 by Ord. No. O-22-26.
A.
Vaccination and license requirements. No person shall
own, keep, harbor or maintain any cat over seven months of age within
the Township of Montclair unless such cat is vaccinated and licensed.
The provisions of this section do not apply to cats held by a state
or federally licensed research facility or a veterinary establishment
where cats are received or kept for diagnostic, medical, surgical
or other treatments, or licensed animal shelters, pounds, or kennels.
[Amended 12-20-2022 by Ord. No. O-22-26]
B.
Vaccination. All 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 Veterinarian, except as provided for in Subsection D.
C.
Vaccination certificate. A certificate of vaccination
shall be issued to the owner of each animal vaccinated on a form recommended
by the state.
D.
Exceptions. Any cat 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 cat shall be deemed inadvisable.
A.
Cats must have license number displayed. Any person
who shall own, keep or harbor a cat of licensing age shall annually
apply for and procure from the Municipal Clerk of the municipality,
or other official designated by the governing body thereof to license
cats in the municipality in which he/she resides, a license and official
registration tag with license number, or a registration sleeve for
each cat so owned, kept or harbored, and shall place upon such cat
a collar or other device with the license number securely fastened
or displayed thereto. Acceptable methods of displaying the license
number shall include but are not limited to breakaway or elastic collars.
License tags or sleeves are not transferable.
B.
Time for applying for license. The owner of any newly
acquired cat of licensing age, or of any cat which attains licensing
age, shall make application for license tag or sleeve for such cat
within 10 days after such acquisition or age attainment. This requirement
will not apply to a nonresident keeping a cat within the Township
of Montclair for not longer than 90 days.
C.
Cats brought into Township of Montclair.
(1)
Any person who shall bring or cause to be brought
into the Township of Montclair any cat licensed in another state for
the current year and bearing a registration tag or sleeve, and shall
keep the same or permit the same to be kept within the Township of
Montclair for a period of more than 90 days, shall immediately apply
for a license and registration tag or sleeve for each such cat.
(2)
Any person who shall bring or cause to be brought
into the Township of Montclair any unlicensed cat, and shall keep
same or permit same to be kept within the Township of Montclair for
a period of more than 10 days, shall immediately apply for a license
and registration tag or sleeve for each such cat.
D.
Application contents; preservation of information.
The application shall state the breed, sex, age, color and markings
of the cat 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 cat. The information on said application and the registration
number issued for the cat shall be preserved for a period of three
years by the Municipal Clerk or other local official designated to
license cats in the municipality.
E.
License forms and tags. License forms and official
tags or sleeves shall be furnished by the municipality and shall be
numbered serially and shall bear the year of issuance and the name
of the municipality.
F.
Evidence of inoculation with rabies vaccine or certification of exemption; requirement for license. No Municipal Clerk or other official designated by the governing body of any municipality to license cats therein shall grant any such license and official registration tag or sleeve for any cat unless the owner thereof provides evidence that the cat to be licensed and registered has been inoculated with a rabies vaccine of a 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 by § 82-31D 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.
G.
License fee schedule (one-year term), September 1
to August 31.
[Amended 9-10-2013 by Ord. No. O-13-46]
(1)
The fee for a license issued shall be $8 for each
spayed/neutered cat and $11 for each unspayed/unneutered cat. Persons
who fail to obtain a license as required within the time period specified
in this section (by November 1) will be subject to a delinquent fee
of $10.
(2)
Fees for senior citizens, age 60 and over, shall be
$5 for each neutered cat and $8 for each unneutered cat.
H.
Fee; renewals; expiration date of license.
(1)
A license from another municipality shall be accepted.
The person applying for the license and registration tag and/or sleeve
shall pay the fee fixed or authorized. The fee for the renewal of
license and registration tag or sleeve shall be the same as for the
original, and said license, registration tag or sleeve and renewal
thereof shall expire on September 30 in the year following its issuance.
(2)
Only one license and registration tag or sleeve shall
be required in the licensing year for any cat in the Township of Montclair.
Any valid New Jersey license tag or sleeve issued by a New Jersey
municipality shall be accepted by this municipality as evidence of
compliance for the duration of its original term.
I.
Loss of license. If a license or sleeve has been misplaced
or lost the Health Department may issue a duplicate license and/or
registration sleeve for that particular cat at a fee of $1.
[Amended 9-10-2013 by Ord. No. O-13-46]
J.
Proof of licensing. Proof of licensing shall be produced
by any person owning, keeping, maintaining or harboring a cat upon
the request of any health official, police officer, animal control
officer or other authorized person.
K.
Interfering with persons performing duties under this
article. No person shall hinder, molest or interfere with anyone authorized
or empowered to perform any duty under this article.
A.
License fees and other moneys collected or received
under the provisions of this article shall be forwarded to the Treasurer
of the municipality and shall be placed in a special account separate
from any of the other accounts of the municipality and shall be used
for the following purposes only:
(1)
Collecting, keeping and disposing of cats liable to
seizure.
(2)
Local prevention and control of rabies.
(3)
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.
(4)
Administering the provisions of this article.
B.
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 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 municipality 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.
[Amended 5-23-2000 by Ord. No. 00-19; 4-10-2007 by Ord. No.
07-17]
Any person who violates any provision of this
article shall, upon conviction thereof, be punished by a fine not
exceeding $2,000, imprisonment in the county/municipal jail for a
term not exceeding 90 days, or a period of community service not exceeding
90 days, or any combination thereof as determined by the Municipal
Court Judge. Each day on which a violation of an ordinance exists
shall be considered a separate and distinct violation and shall be
subject to imposition of a separate penalty for each day of the violation
as the Municipal Court Judge may determine.