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Montclair Township

Animal Control Ordinances

Below are the Montclair Township Ordinances pertaining to animal control (Article and Ordinance numbers cited) taken from the Montclair E-Codes General Code (Animal Control legislation is listed in Section II, Chapter 82).

Article I: Dogs
Article II: Wild or Non-domestic Animals
Article III: Trapping of Birds or Animals

Article IV: Animal Raising or Breeding
Article V: Cats
Article VI: Feeding of Wildlife
Article VII: Animal Control Officers

Article I (Dogs 82-1 – 82-19)

82-1 Definitions:

As used in this article, the following terms shall have the meanings indicated:

DOG
Any dog, bitch or spayed bitch.

DOG OF LICENSING AGE
Any dog which has attained the age of seven months or which possesses a set of permanent teeth.

KENNEL
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)
Includes every person having a right of property in such dog and every person who has such dog in his or her keeping.

PET SHOP

Any room or group of rooms, cage or exhibition pen, not part of a kennel, wherein dogs for sale are kept or displayed.

82-2 Annual license and registration tag required.

A. Any person who shall own, keep or harbor a dog of licensing age in the Township shall annually apply for and procure from the Municipal Clerk a license and official metal registration tag for each such dog so owned, kept or harbored and shall place upon each such dog a collar or harness with the registration tag securely fastened thereto.

B. Current licenses and registration tags issued by any other municipality of this state shall be accepted by the Township as evidence of compliance with Subsection A of this section and § 82-3.

82-3 Fees; expiration of license.
[Amended 5-12-1981 by Ord. No. 81-23; 9-29-1981 by Ord. No. 81-49; 11-29-1983 by Ord. No. 83-47]

A. The person applying for the license and registration tag or for an annual renewal thereof shall pay to the Municipal Clerk a fee of $6.80 for each dog license. [Amended 10-17-1989 by Ord. No. 89-36; 12-8-1992 by Ord. No. 92-55]

B. In addition to the above municipal fee, each person, at the time of application for license and registration, shall pay any and all additional surcharges required by the New Jersey State Department of Health.

Download dog license form.

82-4 Certain dogs exempt from fee.
[Amended 5-23-2000 by Ord. No. 00-19]

Service dogs assisting the handicapped and hearing dogs assisting the hearing impaired shall be licensed and registered as provided in this article; provided, however, that the owner or keeper of such dog shall not be required to pay any fee therefor.

82-5 License forms and tags.
License forms and uniform official registration tags designed by the State Department of Health shall be furnished by the Township, shall be numbered serially and shall bear the year of issuance and the name of the Township.

82-6 Newly acquired dogs; dogs attaining licensing age.

The owner of any newly acquired dog of licensing age or of any dog which attains licensing age shall make application for license and registration tag for such dog within 10 days after such acquisition or age attainment.

82-7 Application for license.

A. The application shall state the breed, sex, age, color and markings of the dog 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 dog.

B. The information on said application and the registration number issued for the dog shall be preserved for a period of three years by the Municipal Clerk. In addition, he or she shall forward to the State Department of Health each month, on forms furnished by said Department, an accurate account of registration numbers issued or otherwise disposed of. Registration numbers shall be issued in the order of the applications.

82-8 Dogs brought into Township.

A. Any person who shall bring or cause to be brought into the Township any dog licensed in another state for the current year and bearing a registration tag and shall keep 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 for each such dog, unless such dog is licensed under § 82-10.

B. Any person who shall bring or cause to be brought into the Township any unlicensed dog and shall keep or permit the same to be kept within the Township for a period of more than 10 days shall immediately apply for a license and registration tag for each such dog, unless such dog is licensed under § 82-10.

82-9 Removal of tag.

No person, except an officer in the performance of his or her duties, shall remove a registration tag from the collar of any dog without the consent of the owner, nor shall any person attach a registration tag to a dog for which it was not issued.

82-10 Kennel or pet shop license

A Any person who keeps or operates or proposes to establish a kennel or a pet shop shall apply to the Municipal Clerk for a license entitling him or her to keep or operate such establishment.

B. The application shall describe the premises where the establishment is located or is proposed to be located and the purpose or purposes for which it is to be maintained, and shall be accompanied by the written approval of the Health Officer of the Township, showing compliance with the local and state rules and regulations governing location of and sanitation at such establishments.

C. All licenses issued for a kennel or pet shop shall state the purpose for which the establishment is maintained. Such licenses shall expire on the last day of January of each year and shall be subject to revocation by the Township on recommendation of the State Department of Health or of the Township Department of Health for failure to comply with the rules and regulations of the State Department or of the Township Department of Health governing them. No license shall be revoked unless the owner has been afforded a hearing by the State Department or by the Health Officer of the Township.

D. No person holding such license shall be required to secure individual licenses for dogs owned by him or her and kept at such establishment. Such license shall not be transferable to another owner or different premises.

82-11 Fees for kennels and pet shops.

A. The annual license fee for a kennel providing accommodations for 10 or fewer dogs shall be $10, and for more than 10 dogs, $25.

B. The annual license fee for a pet shop shall be $25. [Amended 3-31-1987 by Ord. No. 87-11]

82-12 Control of dogs by kennels and pet shops.

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

82-13 Dogs at large prohibited

No person owning or having the control, custody or possession of a dog shall permit or suffer such dog to run at large or to go or be upon the public streets, sidewalks or other public places within the Township unless said dog shall be on a leash and in the custody of some person or persons capable of controlling such dog.

82-14 Annual dog canvass; report.

The Chief of Police or any person appointed for the purpose by the Township Council of the Township shall, promptly after February 1 of each year, cause a canvass to be made of all dogs owned, kept or harbored within the limits of the Township, and shall report, on or before May 1 of each year, to the Municipal Clerk, to the Department of Health of the Township and to the State Department of Health the result thereof, setting forth in separate columns the names and addresses of persons owning, keeping or harboring such dogs, the number of licensed dogs owned, kept or harbored, together with the registration numbers of each of said dogs, and the number of unlicensed dogs owned, kept or harbored by each of said persons, together with a complete description of each of said unlicensed dogs.

82-15 Impounding of dogs; notice; disposition.

NB: See the Montclair Animal Shelter Euthanasia Policy

A. The Animal Warden of the Township shall take into custody and impound or cause to be taken and impounded and thereafter destroyed or disposed of, as provided in this section and in accordance with P.L. 1941, c. 151, Section 16 (N.J.S.A. 4:19-15.16), and the amendments thereof and supplements thereto:

(1) Any dog off the premises of the owner or of the person keeping or harboring said dog, which said Animal Warden or his or her agent has reason to believe is a stray dog; provided, however, that any dog handled on a leash shall not be considered a stray dog.
(2) Any dog off the premises of the owner or of the person keeping or harboring said dog without a current registration tag on the collar.
(3) Any female dog in season off the premises of the owner or of the person keeping or harboring said dog.

B. If any dog so seized wears a collar or harness having inscribed thereon or attached thereto the name and address of any person or a registration tag, or the owner or person keeping or harboring said dog is known, the Animal Warden shall forthwith serve on the person whose address is given on the collar, or on the owner or the person keeping or harboring said dog, if known, a notice in writing stating that the dog has been seized and will be liable to be disposed of or destroyed if not claimed within seven days after 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 or last known place of abode or at the address given on the collar, or by forwarding it by mail in a prepaid letter addressed to that person at his or her usual or last known place of abode or to the address given on the collar or to the address set forth on the application for the license.

C. When any dog so seized has been detained for seven days after notice, when notice can be given as above set forth, or has been detained for seven days after seizure when no notice has been given, and if the owner or person keeping or harboring said dog has not claimed said dog and paid all expenses incurred by reason of its detention, including maintenance not exceeding $1 per day and a fee of $1 to the Animal Warden for expense of seizure, and further, if the dog be unlicensed at the time of the seizure and the owner or person keeping or harboring said dog has not produced a license and registration tag for said dog, the Animal Warden may cause the dog to be destroyed in a manner causing as little pain as possible.

82-16 Pursuit; entry on premises.

The Animal Warden is authorized to go upon any premises to seize for impounding any dog or dogs which he or she or she may lawfully seize and impound, when he or she is in immediate pursuit of such dog or dogs, except upon the premises of the owner of the dog if such owner is present and forbids the same.

82-17 Interference with authorized persons.

No person shall hinder, molest or interfere with anyone authorized or empowered to perform any duty under this article.

82-18 Removal of dog feces.
[Added 5-12-1981 by Ord. No. 81-24]

No person owning, harboring, keeping or in charge of any dog shall permit, cause or suffer such dog to soil, defile or defecate on any common thoroughfare, sidewalk, street, passageway, bypath, play area, park or any place where people congregate or walk, or upon any public property whatsoever, or upon any private property without the permission of the owner of said property. The foregoing restriction shall not apply to that portion of the street lying between the curblines, or the sides of the street bed if there are no curblines, provided that:

A. The person with and in charge of such dog shall immediately remove all feces deposited by such dog by any sanitary means approved by the Township Health Department.

B. The feces removed from the aforementioned designated area shall be disposed of by the person owning, harboring, keeping or in charge of such dog in a sanitary manner approved by the Township Health Department.

82-19 Violations and penalties.

A. Any person who violates or fails or refuses to comply with § 82-2, 82-6, 82-8, 82-9, 82-10, 82-12 or 82-17 or with the rules and regulations promulgated by the State Department of Health governing the sanitary conduct and operation of kennels or pet shops, to preserve sanitation therein and to prevent the spread of rabies and other diseases of dogs within and from such establishments, shall be liable to a penalty of not less than $5 nor more than $50 for each offense, to be recovered by and in the name of the Director of Health of the State of New Jersey or by and in the name of the Township, as the case may be, except that for the first offense in case of violations of §§ 82-2, 82-6 and 82-8, the penalty shall not be less than $1 nor more than $50, to be recovered in the same manner. A person who refuses or neglects to pay forthwith the amount of a judgment rendered against him or her and the costs and charges incident thereto may be committed by the Judge to the county jail for a period not exceeding 10 days in the case of the first conviction, and in the case of a second, subsequent or continuing violation, for a term not exceeding 30 days.

B. Any person who violates any provision of § 82-13 or 82-18 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. [Amended 5-12-1981 by Ord. No. 81-24; 11-29-1983 by Ord. No. 83-47; 5-23-2000 by Ord. No. 00-19; 4-10-2007 by Ord. No. 07-17]

Article II (Wild or Non-domestic Animals 82-20 — 82-21)

[Adopted by the Board of Commissioners of the Town of Montclair 4-15-1980 by Ord. No. 80-12 as Art. II of Ch. 76 of the 1979 Code]

82-20 Keeping or harboring prohibited.

No person shall keep or harbor any wild animal or any nondomestic animal within the Township.

82-21 Violations and penalties.
[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.

Article III (Trapping of Birds or Animals 82-22 — 82-23)

[Adopted by the Board of Commissioners of the Town of Montclair 4-15-1980 by Ord. No. 80-12 as Art. III of Ch. 76 of the 1979 Code]

82-22 Permit required; exception.

No person shall take or attempt to take animals of any type, including birds or fowl, by means of a steel or other trap, or set a steel or other trap for any animal, including birds or fowl, in or upon any property within the Township of Montclair, public or private, without first having obtained the written permission of the owner or occupant of said premises; provided, however, that nothing contained herein shall prohibit the owner or occupant from trapping or setting any such traps on premises owned or occupied by such owner or occupant.

82-23 Violations and penalties.
[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.

Article IV (Animal Raising or Breeding 82-24 — 82-29)

[Adopted by the Board of Commissioners of the Town of Montclair 4-15-1980 by Ord. No. 80-12 as Art. XIV of Ch. 137 of the 1979 Code]

82-24 Keeping of certain animals prohibited.

No person shall have or keep in his or her possession any goats, sheep or swine within the limits of the Township of Montclair.

82-25 License for breeding.

No person shall have or keep in his or her possession any live chickens, pigeons or other fowl, nor shall any person have or keep in his or her possession any animal or animals for the purpose of breeding, nor permit the breeding or raising of animals on any property which such person shall own or otherwise control, without first having obtained a license from the Department of Health.

82-26 Lincese not transferable.

Such license shall not be transferable and shall continue in force and effect until the first day of January next ensuing the date of granting thereof.

82-27 License fee.

A license fee of $5 per year or fraction thereof is hereby established. Said fee shall accompany the application for a license.

82-28 Regulations.

The following rules and regulations shall govern the keeping of live chickens, pigeons or other fowl and the keeping of animals for breeding or raising:

A.  No person shall keep or permit to be kept in any dwelling house, store or building occupied by human beings any live chickens, pigeons or other fowl or animals for breeding or raising, nor shall such animals or fowl be permitted to run or fly at large within the Township of Montclair, except that pedigreed homing, high-flying or air-performing pigeons may be permitted to fly for exercise or training, at the discretion of the owner, unless such flight shall prove to be a public nuisance.

B. The construction, location and maintenance of sheds, coops, pens and other structures in which animals or fowl are kept or housed shall comply with the following requirements:

(1) No structure shall be built or maintained which is less than 50 feet from the doors or windows of any neighboring dwelling or less than 10 feet from any neighboring property line.
(2) All such places shall be kept in good repair, shall have a floor impervious to moisture, be waterproof, free from rats and vermin, properly lighted and ventilated and in a clean and sanitary condition at all times.
(3) All plans for such structures and all structures intended for the use of housing such animals or fowl shall be in accordance with the Building Code of the Township of Montclair.
Editor's Note: See Ch. 121, Construction Codes, Uniform.
(4) No run of any kind shall be permitted. A wire porch attached to the structure in which fowl are to be kept may be permitted. Such porch shall be at least one foot above the surrounding ground and shall consist of one-inch-mesh hardware cloth for the floor with any convenient size wire for the sides and top and shall not extend more than four feet from the house or coop.

C. No more than five animals or 25 fowl shall be kept by any one applicant at any one location, excepting that persons engaged in the breeding or raising of animals or fowl for commercial purposes in the business zone, as nonconforming uses, or in the industrial zone as defined in Chapter 347, Zoning, of the Code of the Township of Montclair, New Jersey, whose structures for keeping and housing animals or fowl are located not less than 100 feet from any neighboring dwelling, may, at the discretion of the Director of the Department of Health, be permitted to keep more than five animals or 25 fowl. No greater number of animals or fowl shall be kept by any licensee than shall be designated in the license.

D. All manure, pending disposal, shall be kept or stored in tightly covered metal containers or in a covered, watertight manure pit or kept in any other manner as approved by the Department of Health, so as not to breed flies or create a nuisance.

82-29 Violations and penalties.
[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.

Article V (Cats 82-30 — 82-34)

[Adopted by the Council of the Township of Montclair 3-9-1993 by Ord. No. 93-11 (Art. IV of Ch. 76 of the 1979 Code)]

82-30 Definitions.

As used in this article, the following terms shall have the meanings indicated:

ANIMAL CONTROL AUTHORITY
Any person or agency designated or certified by the Township of Montclair to enforce the provisions of this article.

CAT
Any member of the feline species, male, female or altered.

CAT OF LICENSING AGE
Any cat which has attained the age of seven months or which possesses a set of permanent teeth.

CATTERY
Any room or group of rooms, cage or exhibition pen, not part of a kennel, wherein cats for sale are kept or displayed.

LICENSING AUTHORITY
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.

NEUTERED
Rendered permanently incapable of reproduction as certified by a licensed veterinarian.

OWNER
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.

82-31 Rabies vaccination provisions.

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 in a cattery or those 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, 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 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.

82-32 Licensing requirements; fees

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).

(1) The fee for a license issued in the calendar year 1993 shall be $6 for each unneutered cat and $3 for each neutered cat. Thereafter, in succeeding calendar years the fee shall be $9 for each unneutered cat and $6 for each neutered cat. Persons who fail to obtain a license as required within the time period specified in this section will be subject to a delinquent fee of $10.

(2) Fees for senior citizens, age 60 and over, shall be $3 for each neutered cat and $6 for each unneutered cat.

(3) Those seeking to license more than one cat shall pay at the rate of $3 per each additional neutered cat and $6 for each additional 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 tag or sleeve has been misplaced or lost, the Municipal Clerk may issue a duplicate license and/or registration sleeve for that particular cat at a fee of $0.50.

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.

82-33 Disposition of fees collected.

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.

82-34 Violations and penalties
[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.

Article VI (Feeding of Wildlife 82-35 — 82-39)

[Adopted 2-28-2006 by Ord. No. 06-04]

82-35 Purpose.

This is an article prohibiting the feeding of unconfined wildlife in any public park or on any other property owned or operated by the Township of Montclair so as to protect public health, safety and welfare and prescribing penalties for failure to comply.

82-36 Definitions.

For the purpose of this article, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this article clearly demonstrates a different meaning:

FEED
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.

PERSON
Any individual, corporation, company, partnership, firm, association or political subdivision of the State of New Jersey subject to municipal jurisdiction.

WILDLIFE
All animals that are not domesticated.

82-37 Prohibited conduct.

No person shall feed in any public park or on any other property owned or operated by the Township of Montclair any wildlife, excluding confined wildlife (for example, wildlife confined in zoos, parks or rehabilitation centers or unconfined wildlife at environmental education centers or feral cats as part of an approved Trap-Neuter-Release program).

82-38 Enforcement.

This article shall be enforced by the Police Department and/or other municipal officials of the Township of Montclair. Any person found to be in violation of this ordinance shall be ordered to cease the feeding immediately.

82-39 Violations and penalties.
[Amended 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.

Article VII (Animal Control Officers 82-40)

[Added 2-6-2007 by Ord. No. 07-04]

82-40 Certification of Animal Control Officers.

A. Any Animal Control Officer appointed by the Township who has been certified as an Animal Cruelty Investigator pursuant to N.J.S.A. 4:19-15.16a is hereby authorized to investigate and sign complaints, to assist in the arrest of violators, and to otherwise act as an officer for the detection, apprehension and arrest of persons violating the animal control, animal welfare and animal cruelty laws of the State of New Jersey and ordinances of the Township.

B. Any Township Animal Control Officer who has been certified as an Animal Cruelty Investigator shall have all of the powers and authority set forth in N.J.S.A. 4:19-15.16c.

C. Any Township Animal Control Officer certified as an Animal Cruelty Investigator pursuant to N.J.S.A. 4:19-15.16a who signs a complaint, issues a summons, assists in an arrest, or otherwise acts pursuant to his or her authority under N.J.S.A. 4:19-15.16c shall within five business days transmit a copy of any complaint, summons, or arrest warrant or report to the New Jersey Society for the Prevention of Cruelty to Animals and transmit a report of any related municipal court or other judicial action within 30 calendar days of final disposition.