CITY OF TRENTON
ORDINANCE NO. 812
AN ORDINANCE AMENDING CHAPTER 14 OF THE CODE OF ORDINANCES OF THE CITY OF TRENTON BY AMENDING, REDACTING, AND adding additional language to the ANIMALS ordinance.
THE CITY OF TRENTON ORDAINS:
Section 1. Chapter 14. Section 14-52, of the Code of Ordinances, is hereby amended and replaced, hereinafter to read as follows.
Sec. 14-52. Redemption of impounded animals; fees.
(a) No domestic pet or any other animal shall be released from the city pound to the owner or other authorized person until such owner or person shall pay to the city clerk or the animal control officer, for remittance to the city treasurer, the sum established by the city council for the care, custody and feeding of such animal while in custody, and until such person has procured and produced a proper license for the animal.
(b) If an animal is voluntarily surrendered to the pound for care or placement, the owner shall pay to the city a fee as established by the city council.
(c) If an animal is presented for, or subjected to, a euthanasia procedure by the pound, the owner shall pay to the city a fee as established by the city council.
Section 2. Chapter 14. Section 14-54, of the Code of Ordinances, is hereby amended and replaced, hereinafter to read as follows.
Sec. 14-54. Disposition or adoption of unclaimed dogs and cats.
(a) All impounded dogs or cats not claimed within 4 days with identification or 7 days with no identification will be put up for adoption. However, any impounded dog or cat having been exposed to rabies or any dog or cat that has attacked a person shall be kept until such time and under such conditions as shall be required by the Trenton Chief of Police or his/her designee, and it shall be the duty of the animal control officer to notify the Chief of Police when there is any good reason to believe there is such a dog or cat in his/her possession.
(b) Dogs or cats may be adopted from the pound by paying the required
impound fee, obtaining the required license for the dog or cat and neutering the dog or cat.
Section 3. Chapter 14. Section 14-116, of the Code of Ordinances, is hereby amended and replaced, hereinafter to read as follows.
Sec. 14-116. Keeping vicious, biting, or bitten by rabid animal.
No person shall harbor or keep a vicious animal or an animal that has been bitten by any animal known to have been afflicted with rabies or which shall have bitten any person.
Vicious animal defined:
With a known propensity, tendency or disposition to attack without provocation, to cause injury, or to otherwise threaten the safety of human beings or domestic animals;
Which without provocation has attacked or bitten a human being or domestic animal;
Owned or harbored primarily or in part for the purpose of fighting; or any animal trained for fighting; or
Which, without provocation, chases or approaches a person upon the streets, sidewalks, or any public or private property in a menacing fashion or apparent demeanor of attack. This subsection does not apply to an animal on the property of its owner or to an animal that is responding in a manner that an ordinary and reasonable person would conclude was designed to protect a person if that person is engaged in a lawful activity or is the subject of an assault.
The owner of the animal shall be charged with a misdemeanor and be held responsible for restitution and damages.
Section 4. Chapter 14. Section 14-118, of the Code of Ordinances, is hereby amended and replaced, hereinafter to read as follows.
Sec. 14-118. - Dogs impounded second time for biting to be destroyed.
Whenever a dog is brought to the pound or is quarantined a second time for having bitten or attacked a person or causing the death or serious injury of another domesticated animal, said dog shall be held at the pound until adjudication by the court having jurisdiction of any tickets resulting from the second offense.
The owner of the dog shall be charged with a misdemeanor and be held responsible for restitution and damages.
Upon adjudication by the court and a guilty or responsible plea or conviction by the dog’s owner, the dog may be euthanized at the discretion of the Animal Control Officer or the Chief of Police or his/her designee.
Section 5. Chapter 14. Section 14-4, of the Code of Ordinances, is hereby amended and added to include the following.
Sec. 14-4. – Feeding of Wildlife
Feeding of wildlife prohibited under certain circumstances.
It shall be unlawful for any person to feed any bird, feral animal, waterfowl, wildlife or vermin on any public or private property or public roads if such feeding shall cause any of the following conditions to occur:
- Cause any bird, feral animal, waterfowl, wildlife or vermin to congregate on someone else’s property other than the person who is doing the feeding.
- Cause feed or other edible debris that can be consumed by birds or animals to accumulate on the ground.
- Cause or result in damage to public property or the private property of others.
- Create a danger to or interfere with the public health or welfare, including but not limited to the accumulation of waste products or excrement on any property.
- Endanger the animal’s welfare by feeding it next to a road or other unsafe areas.
Any complaints about excessive feeding will be directed to the Animal Control Officer (ACO). Upon determination the complaint has a sufficient factual basis, the ACO shall perform an inspection of the property site to determine whether such feeding is violating provisions of this section and/or should be eliminated. Upon such a determination being made, the necessary corrective action shall be taken by the owner or occupant of the property upon which the violation occurs.
Civil Infraction. Any person who violates this article is responsible for a civil infraction.
Section 6. Chapter 14. Section 14-5, of the Code of Ordinances, is hereby amended and added to include the following.
Sec. 14-5. – Dangerous or exotic animals.
- Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Animal means a live and vertebrate creature, fowl or reptile.
Dangerous or exotic animal means any wild mammal, reptile or fowl which is not naturally tame or gentle, but is of a wild nature or disposition, and which, because of its size, vicious nature or other characteristic, would constitute a danger to human life or property.
Exotic means an animal which is foreign and generally not native by birth to the city.
Harbor means to feed or shelter an animal.
Market means to buy, sell or otherwise deal in a wild or exotic animal, either wholesale or retail.
Wild means an animal which generally lives in its original and natural state and is not normally domesticated.
(b) Prohibited acts No person shall shelter, exhibit, market, raise, harbor, breed, maintain or have in his/her possession or under his/her control within the city any dangerous or exotic animal.
(c) Types Dangerous or exotic animals include, but are not limited to:
- Any poisonous or venomous animals, fish, reptile or insects;
- Apes, chimpanzees, gibbons, gorillas, orangutans and siamangs;
- Constriction snakes;
- Game cocks and other fighting birds;
- Pumas, also known as cougars, mountain lions and panthers;
- Poisonous or biting spiders and other insects;
- Tigers; and
(d) Exceptions. This section does not apply to:
- Any person while transporting any animal, fish, fowl or reptile through the city, provided that such animal, fish, fowl or reptile is adequately restrained to avoid injury to person or damage to property;
- Any person while transporting any animal, fish, fowl or reptile to a licensed veterinary hospital for treatment;
- The keeping of such animals is a bona fide educational or medical institution, museum or other place where they are kept as live specimens for public view or for the purpose of instruction or study;
- Dangerous or poisonous reptiles maintained by bona fide educational or medical institutions for the purpose of instruction or study, provided such reptiles are securely confined;
- Any animal which is used as a service animal for a blind person, a deaf or audibly impaired person or a physically limited person; or
- Any official police canine dog owned and maintained by the city or other law enforcement agency.
Section 7. Chapter 14. Section 14-6, of the Code of Ordinances, is hereby amended and added to include the following.
Sec. 14-6. – Reserved.
Section 8. Chapter 14. Section 14-7, of the Code of Ordinances, is hereby amended and added to include the following.
Sec. 14-7. – Defecation.
No person owning or keeping a dog shall allow the dog's feces to remain on any public or private property not owned by the person. This section shall not apply where the violation involves a dog which is used as a guide dog or leader dog for a blind person, a hearing dog for deaf or audibly impaired person, or a service dog for a physically limited person or any official police dog owned and maintained by the city or other law enforcement agency.
Section 9. Savings Clause. Nothing in this Ordinance or in the Code hereby adopted shall be construed to affect any suit or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this Ordinance. All unamended provisions of this Ordinance shall be unchanged and still effective as written.
Section 10. Severability. Should any word, sentence, phrase or any portion of this Ordinance be held in a manner invalid by any court of competent jurisdiction or by any state agency having authority to do so for any reason whatsoever, such holdings shall be construed and limited to such work, sentence, phrase or any portion of the Ordinance held to be so invalid shall not be construed as affecting the validity of any of the remaining words, sentences, phrases or portions of this Ordinance.
Section 11. Conflicting Ordinances. All prior existing ordinances adopted by the City of Trenton inconsistent or in conflict with the provisions of this Ordinance are, to the extent of such conflict or inconsistency, hereby expressly repealed.
Section 12. Readings. This Ordinance shall be given a first reading on May 15, 2023, and shall be enacted on June 5, 2023.
ADOPTED, APPROVED AND PASSED by the City Council of the City of Trenton this 5th day of June, 2023.
Steven J. Rzeppa, Mayor
Debra R. Devitt, City Clerk
Post until July 5, 2023