[Adopted 12-30-1941, amended in its entirety 12-12-1989 (Ch. 52, Art. I, of the 1974 Code)]
A.
BOROUGH
CAT
DOG
DOG OR CAT OF LICENSING AGE
HABITUAL BARKING
KENNEL
OWNER
PERSON
PET SHOP
POUND
SHELTER
Terms defined. As used in this article, the following terms shall
have the meanings indicated:
The Borough of Westville in the County of Gloucester.
Any member of the feline species, male or female or spayed
member of such species.
Any dog, bitch or spayed bitch.
Any dog or cat which has attained the age of seven months
or any dog which possesses a set of permanent teeth.
Barking, howling or crying continuously for a period of 10
minutes or more or intermittently for 30 minutes or more.
[Added 2-13-2013 by Ord.
No. 2-2013]
Any establishment wherein or whereon the business of boarding
or selling dogs or cats or breeding dogs or cats for sale is carried
on, except a pet shop.
When applied to the proprietorship of a dog or cat, includes
every person having a right of property in such dog or cat and every
person who has such dog or cat in his or her keeping or control.
An individual, firm, partnership, corporation or association
of persons.
Any place of business which is not part of a kennel, wherein
animals, including but not limited to dogs, cats, birds, fish, reptiles,
rabbits, hamsters or gerbils, are kept or displayed chiefly for the
purpose of sale to individuals for personal appreciation and companionship
rather than for business or research purposes.
[Amended 2-13-2013 by Ord. No. 2-2013]
An establishment for the confinement of dogs or cats seized
either under the provisions of this article or otherwise.
Any establishment where dogs or cats are received, housed
and distributed.
[Amended 2-13-2013 by Ord. No. 2-2013]
No person shall keep or harbor any dog or cat within the Borough
of Westville, in the County of Gloucester, without first obtaining
a license therefor, to be issued by the Borough Clerk of the Borough
of Westville upon application by the owner and payment of the prescribed
fee, and no person shall keep or harbor any dog or cat in said Borough
except in compliance with the provisions of this article.
[Amended 10-19-1990]
A.
Any person who shall own, keep or harbor a dog or cat of licensing
age shall, in the month of January or February of each year, apply
for and procure from the Borough Clerk of the Borough of Westville,
a license and official metal registration tag for each such dog or
cat so owned, kept or harbored and shall place upon each such dog
or cat a collar or harness with the registration securely fastened
thereto.
B.
No such license or official metal registration tag for any dog or
cat shall be issued unless the owner thereof provides evidence that
the dog or cat to be licensed and registered has been inoculated in
accordance with N.J.S.A. 4:19-15.2a.
[Amended 2-13-2013 by Ord. No. 2-2013]
A.
The person applying for the license and registration tags shall pay
a license fee of $10 for each dog and $8 for each cat. Each annual
renewal fee for the license and for the registration tags shall be
the same as for the original license and tag. Said licenses, registration
tags and renewals thereof shall expire on the last day of January
in each year. The fee for any spayed or neutered dog or cat shall
be reduced by $3.
B.
Dogs used as guides for blind persons and commonly known as "Seeing
Eye" dogs, dogs used to assist handicapped persons and commonly known
as "service dogs" and dogs used to assist deaf persons and commonly
known as "hearing ear" dogs shall be licensed and registered as other
dogs hereinabove provided for, except that the owner or keeper of
such dogs shall not be required to pay any fee therefor.
[Amended 2-13-2013 by Ord. No. 2-2013]
C.
A late fee
of $15 shall be charged for each license not applied for by March
31 of each calendar year. A noncompliance fee of $50 shall be charged
for each cat or dog found to be unlicensed.
[Added 6-13-2018 by Ord.
No. 8-2018]
The owner of any newly acquired dog or cat of licensing age
or of any dog or cat which attains licensing age shall make application
for license and registration tag for such dog or cat within 10 days
after such acquisition or age attainment.
[Amended 2-13-2013 by Ord. No. 2-2013]
A.
Dog licenses.
The applicant for a dog license shall provide the information required
on the form provided by the Clerk, and the Clerk shall forward such
information to the state as is required to be forwarded by N.J.S.A.
4:19-15.5.
B.
Cat licenses.
The applicant for a cat license shall provide the information required
on the form provided by the Clerk.
A.
Any person who shall bring or cause to be brought into the Borough of Westville, in the County of Gloucester, any dog or cat licensed in another state for the current year and bearing a registration tag, and shall keep the same or permit the same to be kept within the Borough for a period of more than 90 days, shall immediately apply for a license and registration tag for each such dog or cat, unless such dog or cat is licensed under § 91-9 of this article.
[Amended 2-13-2013 by Ord. No. 2-2013]
B.
Any person who shall bring or cause to be brought into the Borough of Westville any unlicensed dog or cat and shall keep the same or permit the same to be kept within the Borough for a period of more than 10 days shall immediately apply for a license and registration tag for each such dog or cat unless such dog or cat is licensed under § 91-9 of this article.
No person, except an officer in the performance of his duties,
shall remove a registration tag from the collar of any dog or cat
without the consent of the owner, nor shall any person attach a registration
to a dog or cat for which it was not issued.
A.
Any person who keeps or operates or proposes to establish a kennel,
a pet shop, a shelter or a pound shall, in accordance with N.J.S.A.
4:19-15.8 et seq., apply to the Borough Clerk of the Borough of Westville
for a license entitling him to keep or operate such establishment.
[Amended 2-13-2013 by Ord. No. 2-2013]
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 Board of Health of the Borough of Westville,
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, pet shop, shelter or pound shall
state the purpose for which the establishment is maintained, and all
such licenses shall expire on the last day of January of each year
and be subject to revocation by the Borough Council on recommendations
of the State Department of Health and Senior Services or the Board
of Health of the Borough of Westville for failure to comply with the
rules and regulations of the State Department or the Board of Health
of the Borough governing the same, after the owner has been afforded
a hearing by either the State Department or the Board of Health of
the Borough of Westville.
D.
Any person holding such license shall not be required to secure individual
licenses for dogs or cats owned by such licensee and kept at such
establishments. Such licenses shall not be transferable to another
owner or different premises.
The annual license fee for a kennel providing accommodation
for 10 or fewer dogs and cats shall be $10, and for more than 10 dogs
and cats, $25. The annual license fee for a pet shop shall be $10.
No fee shall be charged for a shelter or pound.
No dog or cat kept in a kennel, pet shop, shelter or pound shall
be permitted off such premises, except on leash or in a crate or other
safe control.
License fees and other moneys collected or received under the
provisions of this article shall be disposed of as provided in N.J.S.A.
4:19-15.11.[2]
[Amended 10-9-1990]
The Chief of Police of the Borough of Westville shall promptly,
after March 1 of each year, cause a canvass to be made of all dogs
or cats owned, kept or harbored within the limits of the Borough of
Westville and shall report to the Borough Clerk of the Borough of
Westville, the Board of Health of the Borough and the State Department
of Health and Senior Services the result thereof, setting forth in
separate columns the names and addresses of persons owning, keeping
or harboring such dogs or cats and the numbers of licensed dogs or
cats owned, kept or harbored by each of said persons, together with
the registration number of each of said dogs or cats and the number
of unlicensed dogs or cats owned, kept or harbored by each of said
persons, together with a complete description of each of said unlicensed
dogs or cats.
A.
The Mayor and Council of the Borough of Westville shall appoint some
qualified, suitable and fit person or corporation as Animal Control
Officer. Such Animal Control Officer shall be appointed at the annual
meeting of the Borough Council held each year, to hold office for
the term of one year, and it shall be the duty of such Animal Control
Officer, in addition to the implied duties hereby conferred, to carry
out the provisions of this article.
B.
The Animal Control Officer shall feed and properly care for all animals confined in the pound, the location thereof to be designated by the Borough Council and the food and water to be furnished by the Borough, and the said pound shall be kept in a clean and sanitary condition. Any and all moneys received by the Animal Control Officer under the provision of this article shall be turned over and paid by him or her to the Treasurer of the Borough of Westville. In the event, however, that the Society for the Prevention of Cruelty to Animals shall be named as the Animal Control Officer, such society shall bear all the expenses of feeding and caring for the animals confined in the pound and shall be permitted to retain all moneys received by it as such Animal Control Officer under the provisions of this article, except moneys collected under the provisions of N.J.S.A. 4:19-15.3, 4:19-15.3b, 4:19-15.3c, 4:19-15.8 and 4:19-15.9 and §§ 91-4 and 91-10 of this article, which shall be forwarded to the Borough Chief Financial Officer within 30 days after collection and receipt in accordance with the provisions of this article.
C.
Should any resident require the disposal of a pet, he or she shall
request same from the Animal Control Officer. The fee for such disposal
is $25 plus veterinary fees.
A.
The Animal Control Officer of the Borough shall take into custody
and impound or cause to be taken into custody and impounded and thereafter
destroyed or disposed of as provided in this section:
(1)
Any dog or cat which said official or his agent or agents have reason
to believe is a stray.
(2)
Any dog or cat off the premises of the owner or of the person keeping
or harboring said dog or cat without a current registration tag on
its collar.
(3)
Any female dog or cat in season off the premises of the owner or
of the person keeping or harboring said dog or cat.
(4)
Any
dog or other animal which is suspected to be rabid.
(5)
Any
dog or other animal off the premises of the owner reported to, or
observed by, a certified animal control officer to be ill, injured
or creating a threat to public health, safety or welfare, or otherwise
interfering with the enjoyment of property.
B.
If any dog or cat 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 the person keeping or harboring
said dog or cat is known, the Animal Control Officer 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 or cat, if known,
a notice in writing stating that the dog or cat has been seized and
will be liable to be offered for adoption or destroyed if not claimed
within seven days after the service of the notice.
C.
A notice under this section may be served either by delivering it
to the person on whom it is 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 post in a prepaid letter addressed
to that person at his usual or last known place of abode or to the
address given on the collar.
D.
Any person authorized by the governing body may cause an animal to
be destroyed in a manner causing as little pain as possible and consistent
with the provisions of N.J.S.A. 4:22-19 or to be offered for adoption
seven days after seizure; provided that:
(1)
Notice
is given as set forth above and the animal remains unclaimed; or
(2)
The
owner or person keeping or harboring the animal has not claimed the
animal and paid all expenses incurred by reason of its detention,
including maintenance costs not exceeding $4.00 per day; or
(3)
The
owner or person keeping or harboring a dog which was unlicensed at
the time of seizure does not produce a license and registration tag
for the dog or cat.
E.
At the
time of adoption, the right of ownership in the animal shall transfer
to the new owner. No dog or other animal so caught and detained or
procured, obtained, sent or brought to a pound or shelter shall be
sold or otherwise made available for the purpose of experimentation.
Any person who sells or otherwise makes available any such dog or
other animal for the purpose of experimentation shall be guilty of
a crime of the fourth degree.
F.
After observation,
any animal seized under this section suspected of being rabid shall
be immediately reported to the executive officer of the Board of Health
and to the Department of Health and Senior Services.
Any person or persons authorized or appointed by the Borough Council to enforce this article, as provided in § 91-14, shall be authorized to go upon any premises to seize for impounding any dog or cat which he may lawfully seize and impound when such person or persons are in immediate pursuit of such dog or cat, except upon the premises of the owner of the dog if said owner is present and forbids the same.
No person shall hinder, molest or interfere with anyone authorized
or empowered to perform any duty under this article.
No person shall keep, harbor or maintain any dog which habitually
barks or cries.
No person owning, keeping or harboring any dog or cat shall
suffer or permit it to run at large upon any public street or in any
public place within the Borough of Westville.
[Added 9-24-2003 by Ord. No. 16-03]
A.
The owner, keeper or any person having charge or custody and control
of any dog or other domestic animal shall not allow the animal to
enter upon any area in a public park, playground, or recreation area
posted as a "No Pets" zone. Posting shall be done in such a manner
so as to clearly designate restricted areas. In all other areas in
a public park, playground or recreation area, dog and domestic animal
owners are required to restrain those animals on a leash no longer
than six feet or retractable leash capable of being shortened to six
feet and must be accompanied by a person over the age of 12 years.
No dogs or domestic animals, even if leashed, will be permitted in
parks or on municipal grounds during a special event in that park
or on the municipal grounds. Animal owners, keepers, or any person
having charge or custody of any animal shall be responsible to collect
and remove animal feces from the park.
B.
For the purposes of this section, "special events" shall be those
events coordinated for the purpose of exhibitions, theatrical products,
athletic competitions, musical presentations or other entertainment
or educational events, meant for public admission and enjoyment.
C.
The Borough Police Department shall be responsible for enforcement
of these provisions.
D.
Notwithstanding anything contained to the contrary herein, this section
shall not apply to pets used for the purpose of assisting persons
with disabilities, e.g., service dogs, Seeing Eye dogs, or hearing
ear dogs.
No person owning, keeping or harboring any dog shall suffer
or permit it to be upon the public streets or in any of the public
places of the Borough of Westville unless such dog is accompanied
by a person over the age of 12 years and is securely confined and
controlled by an adequate leash not more than six feet long.
No person owning, keeping or harboring a dog or cat shall permit
or suffer it to do any injury or to do any damage to any lawn, shrubbery,
flowers, grounds or property.
[Amended 2-13-2013 by Ord. No.
2-2013; 6-13-2018 by Ord. No.
8-2018]
A.
If the municipal court declares any dog to be potentially dangerous,
it shall issue an order and a schedule for compliance which, in part:
(1)
Shall require the owner to comply with the following conditions:
(a)
To apply, at his own expense, to the Municipal Clerk or other
official designated to license dogs pursuant to Section 2 of P.L.
1941, c. 151 (N.J.S.A. 4:19-15.2), for a special municipal potentially
dangerous dog license, municipal registration number, and red identification
tag issued pursuant to Section 14 of said Act. The owner shall, at
his own expense, have the registration number tattooed upon the dog
in a prominent location. A potentially dangerous dog shall be impounded
until the owner obtains a municipal potentially dangerous dog license,
municipal registration number, and red identification tag.
(b)
To display, in a conspicuous manner, a sign on his premises warning that a potentially dangerous dog is on the premises. The sign shall be visible and legible from 50 feet from the enclosure required pursuant to Subsection A(1)(c) of this section.
(c)
To immediately erect and maintain an enclosure for the potentially
dangerous dog on the property where the potentially dangerous dog
will be kept and maintained, which has sound sides, top and bottom
to prevent the potentially dangerous dog from escaping by climbing,
jumping or digging, and within a fence of at least six feet in height
separated by at least three feet from the confined area. The owner
of a potentially dangerous dog shall securely lock the enclosure to
prevent the entry of the general public and to preclude any release
or escape of a potentially dangerous dog by an unknowing child or
other person. All potentially dangerous dogs shall be confined in
the enclosure or, if taken out of the enclosure, securely muzzled
and restrained with a tether approved by the Animal Control Officer
and having a minimum tensile strength sufficiently in excess of that
required to restrict the potentially dangerous dog's movements
to a radius of no more than three feet from the owner and under the
direct supervision of the owner.
(2)
May require the owner to maintain liability insurance in an amount
determined by the municipal court to cover any damage or injury caused
by the potentially dangerous dog. The liability insurance, which may
be separate from any other homeowner policy, shall contain a provision
requiring the municipality in which the owner resides to be named
as an additional insured for the sole purpose of being notified by
the insurance company of any cancellation, termination or expiration
of the liability insurance policy.
B.
Appeal of decision. The owner of the dog, or the Animal Control Officer
for the municipality in which the dog was impounded, may appeal any
final decision, order, or judgment, including any conditions attached
thereto, of a municipal court pursuant to P.L. 1989, c. 307 (N.J.S.A.
4:19-17 et seq.), by filing an appeal with the Superior Court, Law
Division, in accordance with the Rules Governing the Courts of the
State of New Jersey pertaining to appeals from courts of limited jurisdiction.
The Superior Court shall hear the appeal by conducting a hearing de
novo in the manner established by those rules for appeals from courts
of limited jurisdiction.
[Amended 3-8-2000]
B.
Any person who is convicted of violating the provisions of this article
within one year of the date of a previous violation of this same article
and who was fined for the previous violation shall be sentenced by
the court to an additional fine as a repeat offender. The additional
fine imposed by the court for a repeated offense shall not be less
than the minimum or exceed the maximum fine fixed for a violation
of this article, but shall be calculated separately from the fine
imposed for the original violation of this article. The continuation
of such violation for each successive day shall constitute a separate
offense.
