[HISTORY: Adopted by the Mayor and Council of the Borough
of Ho-Ho-Kus 11-22-1966 by Ord. No. 427. Amendments noted where
applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Off the property of the owner and not on a leash.
The Borough of Ho-Ho-Kus, in the County of Bergen and State
of New Jersey.
Any dog, bitch or spayed bitch.
Any dog which has attained the age of seven months or which
possesses a set of permanent teeth.
[Added 8-23-1983 by Ord. No. 570]
When applied to a proprietorship of a dog, means and includes
every person having a right of propriety of such dog and every person
who has such dog or other animal in his keeping or under his control.
A person shall be deemed to have a dog or other animal in his keeping
whenever the ownership or custody of any dog or other animal is in
an unemancipated infant or other member of his household.
Any dog, as defined in this section, which attacks and bites
or attempts to attack or bite persons or dogs or other animals without
being incited to do so, or which has shown such savagery, fierceness
or ferocity as to indicate that it is a threat to the safety of persons.
[Amended 11-24-1992 by Ord. No. 709]
Any person who shall own, keep or harbor a dog of licensing
age, as defined in N.J.S.A. 4:19-15.1 through 4:19-15.29, as amended
and supplemented, shall, in the month of January or within 10 days
of acquisition thereof, and annually thereafter, apply to the Clerk
of the Borough of Ho-Ho-Kus for a license and registration tag for
each such dog. Such licenses and registration tags shall be issued
pursuant to and in accordance with the provisions of said statute,
and all dogs shall be kept and controlled in the manner provided for
in said statute and shall be subject to all of the provisions thereof.
The Clerk shall not grant any such license and official registration
tag for any dog unless the owner thereof provides evidence that the
dog to be licensed and registered has been inoculated with a rabies
vaccine in a manner required by law by a duly licensed veterinarian.
The duration of immunity against rabies must cover the duration of
the licensing period. If the duration of immunity expires during the
period of licensure, it shall be the obligation of the dog owner to
have the dog revaccinated prior to issuance of the license.
[Amended 12-17-1974 by Ord. No. 481; 9-25-1979 by Ord. No. 539; 11-24-1981 by Ord. No. 561; 8-23-1983 by Ord. No. 570; 9-25-1990 by Ord. No.
666; 3-24-1992 by Ord. No. 698; 3-25-1997 by Ord. No. 773; 11-26-2010 by Ord. No. 973]
A.
Annual and late fees.
[Amended 11-27-2018 by Ord. No. 2018-15]
(1)
The person applying for the license and registration tag of a dog
shall pay the annual fee for such license of $20 whether or not the
dog is neutered/spayed. For each annual renewal, the fee for the license
and registration tag shall be the same as for the original license
and tag, and said licenses, registration tags and renewals thereof
shall expire on the last day of January in each year. Persons, who
fail to obtain a license and registration tag, as required, prior
to February 28 in each year, will be subject to a late fee based upon
the following schedule:
|
Late Fee Schedule (after 2/28):
| |
|
Date
|
Fee
|
|
3/1 through 3/31
|
$10 plus license fee
|
|
4/1 through 4/30
|
$15 plus license fee
|
|
5/1 through 5/31
|
$20 plus license fee
|
|
6/1 through 6/30
|
$25 plus license fee
|
|
7/1 through 7/31
|
$30 plus license fee
|
|
8/1 through 8/31
|
$35 plus license fee
|
|
9/1 through 9/30
|
$40 plus license fee
|
|
10/1 through 10/31
|
$45 plus license fee
|
|
11/1 through 11/30
|
$50 plus license fee
|
|
12/1 through 12/31
|
$55 plus license fee
|
(2)
No license fee shall be prorated for any portion of the licensing
year. Volunteers serving the Borough shall be exempt from the foregoing
fees.
C.
In accordance with N.J.S.A. 4:19-31, the fee for a potentially dangerous
dog license and each renewal thereof shall be $700.
[Amended 12-17-1974 by Ord. No. 481; 4-22-1975 by Ord. No. 487]
All license fees and other moneys collected shall be received
and disposed of in accordance with said statute. Dogs used as guides
for blind persons and commonly known as "Seeing Eye" dogs shall be
licensed and registered as other dogs hereinbefore provided for, except
that the owner or keeper thereof shall not be required to pay any
fee therefor.
The license shall be issued by the Clerk of the Borough of Ho-Ho-Kus,
upon application to him. The application shall state the breed, sex,
age, color and markings of the dog for which license and registration
is sought, and whether it is of a long- or shorthaired variety; also,
the name, street and post office address of the owner and the person
who shall keep or harbor such dog. The information on said application
and the registration number issued for the dog shall be preserved
for a period of three years by the Clerk. In addition, he shall forward
to the State Department of Health, each month, on forms furnished
by the State Department, an accurate account of registration numbers
issued or otherwise disposed of. He shall issue to the owner a metal
tag, numbered serially, issued in the order of the applications and
bearing the year of issuance and the name of the Borough.
[Amended 4-22-1975 by Ord. No. 487]
A.
Dogs running at large. No person owning, keeping or harboring any dog shall permit it to run at large, but said person shall keep the dog confined to the premises designated in the application, unless on a leash, as prescribed by Subsection B, and any dog running at large may be impounded, and the owner of any such dog shall be liable for the penalty as provided for in § 18-9 and the forfeiture of the dog as provided in § 18-11.
B.
Leashing of dogs. No person owning, keeping or harboring any dog
shall permit it to be upon the public streets or in any of the public
places of the Borough unless such dog is accompanied by a person and
is securely confined and controlled by an adequate leash not more
than six feet long.
C.
Curbing dogs. No person owning, keeping or harboring any dog shall
permit it to defecate, soil, defile or commit any nuisance on any
common thoroughfare, sidewalk, passageway, bypath, safety island or
any place where people congregate or walk, or upon any public property
whatsoever. These restrictions shall not apply to that portion of
the street lying between the curblines, or the paved portion of the
street if there are no curbs, which shall be used to curb such dog,
but shall apply to all public and privately owned property in the
Borough, except the property of the owner of the dog and the property
of persons who have invited the owner of any dog to bring the dog
onto their property.
D.
Owner to remedy nuisance. In the event that any dog shall, through
inadvertence or otherwise, soil, defile, defecate on or commit any
nuisance in any place, including the portion of the public street,
if there are no curbs, the person owning, harboring, keeping or in
charge of such dog or in custody of such dog shall immediately remove
all feces and/or all dog soil deposited by such dog by any sanitary
method and remove such waste material to the pet owner's property
to be disposed of in a proper receptacle. In no event shall any person
dispose of any feces, dog soil or any type of receptacle containing
same into any public trash receptacle, stormwater drain or sewage
system.
[Added 12-18-1984 by Ord. No. 577; amended 7-27-2010 by Ord. No. 966; 3-22-2011 by Ord. No. 983]
The Borough may remove and dispose of the carcass of any dog
or other animal found dead therein, and the reasonable cost of removal
and disposition shall be charged to the owner, if known, or, if unknown,
to the Borough.
[Amended 9-25-1990 by Ord. No. 666]
A.
The Animal Control Officer appointed by the governing body or any
police officer shall seize and impound a dog when there is reasonable
cause to believe that the dog is vicious, potentially dangerous or
shows signs of rabies in accordance with the provisions of N.J.S.A.
4:19-17 through 4:19-37.
B.
New Jersey Statutes Annotated 4:19-17 through 4:19-37, all amendments
and supplements thereto and rules and regulations promulgated pursuant
to the authority thereof are incorporated herein and made a part hereof
as though set forth at length.
C.
A complete copy of the aforesaid legislation shall be on file in
the office of the Borough Clerk and will remain on file there for
the use and examination of the public.
[Amended 12-17-1974 by Ord. No. 481; 9-25-1990 by Ord. No. 666]
A.
Any owner of a dog within the Borough of Ho-Ho-Kus who shall fail
to take out a license as directed herein or who shall violate any
of the provisions of this chapter not related to vicious or potentially
dangerous dogs shall be subject to a penalty not to exceed $50 for
each offense, to be imposed by the Judge before whom any violator
of this chapter is convicted.
[Amended 3-28-2017 by Ord. No. 2017-02]
B.
Any owner of a vicious or potentially dangerous dog who is found
to have violated this chapter, the statutes incorporated herein and/or
any rule or regulation adopted pursuant thereto shall be subject to
a fine of not more than $1,000 per day of the violation, and each
day's continuance of the violation shall constitute a separate
and distinct violation. The Municipal Court shall have jurisdiction
to enforce this section.
[Amended 9-25-1990 by Ord. No. 666]
In accordance with the provisions of N.J.S.A. 4:19-17 through
4:19-37, it shall be the duty of the Animal Control Officer of the
Borough, the Chief of Police, each police officer of the Borough and
the Municipal Health Officer to assist in carrying out the provisions
of this chapter and the provisions for the control of dogs contained
in N.J.S.A. 4:19-15.1 through 4:19-15.29 and N.J.S.A. 4:19-17 through
4:19-37, as amended and supplemented.
[Amended 9-25-1990 by Ord. No. 666; 5-28-1996 by Ord. No. 762]
A.
The Animal Control Officer of the Borough shall be responsible for
all dogs and other animals impounded and taken into custody under
the terms of this chapter and statutes incorporated herein, as amended
and supplemented. The Animal Control Officer and/or Municipal Health
Officer of the Borough shall designate the place where such dogs and
animals are to be impounded or held in custody, subject to the approval
of the Mayor and Council.
B.
Subject to the terms of this chapter and statutes incorporated herein,
an owner may obtain the release of his animal impounded due to emergency
calls upon payment of a recovery fee in the sum of $60. Payment of
the above charge shall be made to the Police Department. No owner
or person keeping or harboring a dog shall be permitted to claim an
impounded dog unless a license and registration tag can be produced
for the dog. The hours of emergency calls are set forth in the contract
between the Borough and Animal Control Officer, which is on file with
the Borough Clerk.
[Amended 2-22-2000 by Ord. No. 823; 3-27-2007 by Ord. No. 923; 3-24-2009 by Ord. No. 949]
All licenses for dogs issued under former ordinances are hereby
validated and continued in force until December 31, 1966.
Ordinance Nos. 182 and 40 are hereby repealed, and any other
ordinances licensing and regulating dogs heretofore enacted which
are inconsistent with this chapter are hereby repealed.
This chapter shall take effect immediately upon final passage and publication thereof as provided by law, with the exception of the provisions of § 18-3, relating to license and registration tag fees, which will be effective January 1, 1967.
