2903-25 Ordinance Supplementing Chapter 10 Subsct. 2 - Require Multi Family Units and Vets to Ensure Licenses - FINAL.doc.pdf

2903-25 AN ORDINANCE AMENDING CHAPTER 10, SECTIONS 2 AND 11 OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF WEST ORANGE REGARDING ADDITIONAL REQUIREMENTS FOR DOG AND CAT LICENSING FOR MULTI-FAMILY HOMES AND VETERINARIANS BE IT ORDAINED BY THE MUNICIPAL COUNCIL OF THE TOWNSHIP OF WEST ORANGE, NEW JERSEY that Chapter 10, Section 2 et seq. and Section 11 et seq. of the Revised General Ordinances of the Township of West Orange be and are hereby amended and supplemented as follows: I. PURPOSE The purpose of this ordinance is to require owners of multi-family residents and veterinarians to comply with the terms of Chapter 10, Section 2 et seq. requiring that all dogs residing in the Township of West Orange maintain a dog license. II. CHAPTER 10, SECTION 2 SHALL BE AND HEREBY IS AMENDED AND SUPPLEMENTED TO INCORPORATE THE FOLLOWING: § 10-2.1. Definitions. As used in this chapter: DOG Shall mean any dog, male or female. DOG OF LICENSING AGE Shall mean any dog which has attained the age of seven months or which possesses a set of permanent teeth. KEEPER Shall mean any person exercising control over a dog or permitting a dog to remain on premises under his control. KENNEL 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. OWNER When applied to the proprietorship of a dog shall mean and include every person having a right of property in such dog and every person who has such dog in his keeping. PET SHOP Shall mean any room or group of rooms, cage or exhibition pen, not part of a kennel, wherein dogs for sale are kept or displayed. Deleted: ____-24 Formatted: Centered Deleted: bitch or spayed bitch Deleted: ¶

2 4848-4827-0498, v. 1 POUND Shall mean an establishment for the confinement of dogs seized either under the provisions of this chapter or otherwise. SHELTER Shall mean any establishment where dogs are received, housed and distributed without charge. VICIOUS DOG Shall mean any dog which has attacked or bitten any human being on three separate occasions within a period of one year, and which dog is declared to be vicious by the Judge of the Municipal Court; or any dog which has bitten or attacked any other dog or domestic animal on three separate occasions within a period of one year, and which dog is declared to be vicious by the Municipal Judge; or any dog which, for good cause shown at the hearing pursuant to subsection § 10-6.2, is declared to be vicious by the Judge of the Municipal Court. § 10-2.2. Application for License. Each application for a license under this chapter shall provide the following information: a. A general description of the dog sought to be licensed, including name, breed, sex, age, color and markings, and whether such dog is altered with documentation indicating that such dog is spayed and/or neutered, and whether such dog is of a long or short haired variety. b. Name, street and post office address of the owner or keeper of such dog. c. Telephone number and e-mail address of the owner or keeper of such dog. d. Evidence of inoculation with rabies vaccine showing a validation date effective through October 31st of the current year or certificate of exemption. The owner or keeper shall provide evidence that the dog 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 Human Services or has been certified exempt. The rabies inoculation shall be administered by a duly licensed veterinarian, or by such other veterinarian permitted by law to do the same. Registration numbers shall be issued in the order in which applications are received. § 10-2.3. Application for License and Renewal, When Made. The application for a license shall be made within 10 days of the day upon which the dog first becomes subject to the provisions of this section. Applications for license renewal and registration tags for dogs which are required to be licensed by the provisions of subsection § 10-2.1 shall be made before February 1 of

rovisions of this section. Applications for license renewal and registration tags for dogs which are required to be licensed by the provisions of subsection § 10-2.1 shall be made before February 1 of each calendar year. § 10-2.4. License Record. The information on all applications under this chapter and the registration number issued to each licensed dog shall be preserved for a period of three years by the Health Department. In addition, it shall forward similar information to the State Department of Health each month on forms furnished by the Department. Formatted: Indent: Left: 0.5", First line: 0" Deleted: ¶ Deleted: ¶ ¶ ¶ ¶ ¶

3 4848-4827-0498, v. 1 §10-2.5. Fees. The following fees are applicable to dog license and dog registration fee applications: a. The person applying for a license shall pay a fee in an amount prescribed by Resolution. These same fees shall apply and be charged with the annual renewal of each license and registration fee. b. In addition, a late fee in an amount prescribed by Resolution will be charged to any person who submits an application on or after March 1 of any calendar year for a renewal of a license for a dog required to be licensed under subsection § 10-2.1a. Such fee shall be charged to each late application submitted. c. The fee for a potentially dangerous dog license shall be set forth by Resolution in accordance with N.J.S.A. 4:19-31. § 10-2.6. Requirements for Veterinarians and Home Owners a. All property owners shall be required to ensure that all tenants and/or other occupants in their residence with a dog have a valid, up to date dog license from the Township of West Orange. This applies to all property owners who have a tenant or occupant with a dog at their premises for more than thirty (30) days. b. All veterinarians or clinics within West Orange licensed under New Jersey law must ensure that any dog living with persons who reside in West Orange have a valid dog license from the Township of West Orange which shall be renewed annually. c. All veterinarians or animal clinics within West Orange licensed under New Jersey law must provide the Township with a list of all clients who reside in West Orange, including the type of dog, the resident’s name, address, telephone number and e-mail address. This list shall be provided by each licensed veterinarian and/or clinic on an annual basis beginning on the first of each year. § 10-2.7. Expiration Date. Each dog license and registration tag shall expire on the last day of January of each year. §10-2.8. Exceptions. The provisions of this section shall not apply to any dog licensed under Section § 10- 3. Dogs used as guides for blind persons and commonly known as "seeing eye dogs" shall be licensed in the same manner as other dogs, except that the owner or keeper shall not be required to pay any fee. III. CHAPTER 10, SECTION 11 SHALL BE AND HEREBY IS AMENDED AND SUPPLEMENTED TO INCORPORATE THE FOLLOWING: Deleted: ¶ Formatted: Font: Formatted: Justified Formatted: Font: Times New Roman, 12 pt, Font

III. CHAPTER 10, SECTION 11 SHALL BE AND HEREBY IS AMENDED AND SUPPLEMENTED TO INCORPORATE THE FOLLOWING: Deleted: ¶ Formatted: Font: Formatted: Justified Formatted: Font: Times New Roman, 12 pt, Font color: Dark Gray Deleted: 6 Deleted: ¶ ¶ ¶ ¶ Deleted: 7

4 4848-4827-0498, v. 1 § 10-11.1. Definitions As used in this section: ALTERED Shall mean rendered permanently incapable of reproduction as certified by a licensed veterinarian. ANIMAL Shall mean a dog or cat. CAT Shall mean any member of the domestic feline species; male, female, or altered. CAT OF LICENSING AGE Shall mean any cat which has attained the age of seven months, or which possesses a set of permanent teeth. CATTERY Shall mean any room or group of rooms, cage, or exhibition pen, not part of a kennel, wherein cats for sale are kept or displayed. HEALTH DEPARTMENT Shall mean the Department of Health and Welfare of the Township of West Orange. OWNER When applied to the proprietorship of a cat shall mean and include 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. PERSON Shall mean any individual, corporation, partnership, organization, or institution commonly recognized by law as a unit. TOWNSHIP Shall mean the Township of West Orange. § 10-11.2. Rabies Vaccinations of Cats a. Vaccination and License Requirements. No person shall own, keep, harbor, or maintain any cat over seven months of age within the Township unless such cat is vaccinated and licensed. The provisions of this subsection do not apply to cats held in a cattery, or those held by a State or Federal 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, kennels, or pet shops. b. Vaccination. All cats shall be vaccinated against rabies by a licensed veterinarian in accordance with the latest "Compendium of Animal Rabies Vaccines and Deleted: ¶ ¶ ¶

5 4848-4827-0498, v. 1 Recommendations of Immunization" published by the National Association of State Public Health Veterinarians, except as provided for in paragraph 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. Exemptions. Any cat may be exempted from the requirements 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 regimen of therapy, the inoculation of such cat shall be deemed inadvisable. § 10-11.3. Licensing Requirements a. Display of License Number Required. Any person who shall own, keep, or harbor a cat of licensing age shall annually apply for and procure from the Health Department 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 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 for not longer than 90 days. Applications shall be furnished by the Health Department. c. Cats Brought into Township. Any person who shall bring, or cause to be brought into this Township, any cat licensed in another State for the current year, and bearing registration tag or sleeve, and shall keep the same or permit the same to be kept within the Township for a period of more than 90 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 name, breed, sex, age, color, whether such cat is altered, including documentation indicating whether the cat is spayed and/or neutered, and markings of the cat for which license and registration are sought, and whether it is of a

whether such cat is altered, including documentation indicating whether the cat is spayed and/or neutered, and markings of the cat for which license and registration are sought, and whether it is of a long or shorthaired variety; also the name, street, e-mail address, telephone number and post office address of the owner, and the person who shall keep or harbor such cat. The information on the application and the registration number issued for the cat shall be preserved for a period of three years by the Health Department. e. License Forms and Tags. License forms and official tags or sleeves shall be furnished by the Health Department 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. The Health Department shall not grant any such license and Deleted: ¶

6 4848-4827-0498, v. 1 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 Human Services, or has been certified exempt as provided by subsection § 10-11.2. 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. A license shall be issued after payment of a fee as prescribed by Resolution. Persons who fail to obtain a license as required within the time period specified in this section, will be subject to a late fee in an amount prescribed by Resolution. h. Fees, Renewals, Expiration Date of License. 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 the license, registration tag or sleeve and renewal thereof shall expire on January 31 of the following year. Only one license and registration tag or sleeve shall be required in the licensing year for any cat in this Township. Any valid New Jersey license tag or sleeve issued by a New Jersey municipality shall be accepted by this municipality as evidence of compliance. i. Loss of License. If a license tag or sleeve has been misplaced or lost, the Health Department may issue a replacement license and/or registration sleeve for that particular cat. 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 Section. No person shall hinder, molest, or interfere with anyone authorized or empowered to perform any duty under this section. l. Disposition of Fees Collected. License fees and other moneys collected or received under the provisions of this section, shall be forwarded to the Chief Financial Officer of the Township, and shall be placed in a special account separate from any of the other accounts of the municipality and

provisions of this section, shall be forwarded to the Chief Financial Officer of the Township, 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; collecting, keeping, and disposing of cats liable to seizure, for local prevention and control of rabies, providing anti-rabies treatment under the direction of the Health Department for any person known or suspected to have been exposed to rabies, and for administering the provisions of this section. 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 the 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 municipality any amount then in such account which is Deleted: delinquent Deleted: duplicate Deleted: at a fee in an amount prescribed by Resolution