[Adopted by Ord. No. 8-1997 (Ch. 6.08 of the 1996 Municipal Code)]
[Amended by Ord. No. 1-2002]
As used in this article, words herein defined shall have the
following meanings:
A certified municipal animal control officer or, in the absence
of such an officer, the chief law enforcement officer of the City
or his designee.
The State of New Jersey Department of Health and Senior Services.
Any dog, bitch or spayed bitch.[1]
Any dog which has attained the age of seven months or which
possesses a set of permanent teeth.
Any cat, dog or livestock other than poultry.
Barking, howling or crying continuously for a period of 10
minutes or more or intermittently for 30 minutes or more.[2]
Every person having a right of property in such dog and every
person who has such dog in his/her keeping.[3]
An establishment for the confinement of dogs seized either
under the provisions of this article or otherwise.
A.
License; when required.
(1)
Licenses shall be required for the following dogs of licensing age:
(a)
Any dog acquired and kept within the City on January 1 of any
calendar year;
(b)
Any dog acquired by any person during the course of any calendar
year and kept within the City for more than 10 days after acquisition;
(c)
Any dog attaining licensing age during the course of the calendar
year, within 10 days of age attainment;
(d)
Any unlicensed dog brought into the City by any person and kept
within the City for more than 10 days;
(e)
Any dog licensed by another state brought into the City by any
person and kept within the City for more than 90 days.
(2)
Only one license and registration tag shall be required in any licensing
year for any dog owned in New Jersey, and the license and tag issued
by any other municipality of this state shall be accepted by the City
as evidence of compliance with this article.
B.
C.
Application for license; when made. Applications for licenses for dogs which are required to be licensed by the provisions of Subsection A of this section shall be made before January 31 of each year. In all other cases, the application for a license shall be made within 10 days of the date upon which the dog in question first becomes subject to the provisions of this article.
D.
Fees. The person applying for a license shall pay a license fee for each dog plus a fee for the registration tag for each dog. Such fees shall be as provided in Chapter 146, Fee Schedule. The same fees shall be charged for the annual renewal of a license and registration tag.
E.
Expiration date. Each dog license and registration tag shall expire
on January 31 of the year following the year in which it was issued.
F.
Rabies inoculation. Each application for a dog license shall be accompanied by a certificate of inoculation against rabies pursuant to the provisions contained in § 84-7, otherwise no license and registration tag for the dog in question shall be issued.
G.
Exceptions. 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 shall not be required to pay any fee.
[Amended by Ord. No. 6-2006]
A.
Registration tags. A metal registration tag shall be issued for each
dog licensed. Each dog licensed shall wear a collar or harness with
its registration tag securely fastened to it.
B.
Improper use of registration tags. No person, except an officer of
the City in the performance of his/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.
C.
Running at large. No owner of any dog shall permit it to run at large
upon any street, park, public building or any other public place within
the City.
D.
Leashing of dogs. No owner of any dog shall permit it to be upon
the public streets or in any of the public places of the City 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.
E.
Property damage; responsibility of dog owner.
(1)
No owner of any dog shall permit it to do any damage to any lawn,
garden, shrubbery, flowers, grounds or other property.
(2)
In addition to any fine levied as a result of violations of this
article, the owner of any animal which causes damage to another's
property shall be responsible for the damage caused.
F.
Disturbing the peace. No person shall keep, harbor or maintain any
dog which habitually barks or cries between the hours of 10:00 p.m.
and 6:00 a.m.
G.
Confining of female dogs. Every female dog in season shall be kept
confined in a building or secure enclosure or in a veterinary hospital
or boarding kennel, in such a manner that such female dog cannot come
in contact with another dog, except for intentional breeding purposes.
Nothing herein shall prevent the owner from walking and exercising
such dog on that owner's property, provided that the dog is controlled
and secured by an adequate leash. The Animal Control Officer shall
take into custody and impound any female dog in season off the premises
of the owner or of the person keeping or harboring such dog.
The Animal Control Officer shall annually cause a canvass to
be made of all dogs owned, kept or harbored within the City and shall
report to the Secretary of the Board of Health and to 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 dogs, the number of licensed dogs owned, kept or harbored
by each person, the registration number of each licensed dog and the
number of unlicensed dogs owned, kept or harbored by each person and
a complete description of each unlicensed dog.
A.
Cause for impounding. The Animal Control Officer shall take into
custody and impound the following dogs:[1]
B.
Access to premises. Any officer or agent authorized or empowered
to perform any duty under this article may go upon any premises to
seize for impounding any dog which he/she may lawfully seize and impound
when such officer is in immediate pursuit of such dog or dogs, except
upon the premises of the owner of the dog if the owner is present
and forbids the same.
C.
Notice of seizure.
(1)
If any dog so seized wears a collar or harness showing the name and
address of any person or a registration tag or if the owner of the
dog is known, the Animal Control Officer shall forthwith serve on
the person whose address is given on the collar or on the owner, 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
three days after service of the notice.[2]
(2)
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
dog's collar or by forwarding it by mail in a prepaid letter addressed
to that person at his/her usual, or last known, place of abode or
to the address given on the collar.
D.
Destruction of dogs. The Animal Control Officer may cause any impounded
dog to be destroyed in as humane a manner as possible under any of
the following contingencies:[3]
(1)
When the dog has not been claimed by any person within three days after notice or within three days of the dog's seizure when notice cannot be given, as set forth in Subsection C of this section;
(2)
If the person owning the dog has not paid all expenses incurred by reason of its seizure, including a maintenance charge not to exceed a fee as set forth in Chapter 146, Fee Schedule;
(3)
If the dog is unlicensed at the time of its seizure and the person
owning, keeping or harboring such dog has not procured a license and
registration tag as required by this article.
A.
Mandatory inoculation. Except as otherwise provided in Subsection D of this section, no person shall own, harbor or keep any dog within the City limits which is not inoculated against rabies.
B.
Period of inoculation. A dog shall be inoculated against rabies once each year and within nine months prior to the date set for procurement of the dog license required in § 84-3A, provided, if the Flury chick embryo vaccine is used, the inoculation against rabies may be performed every three years. The inoculation shall be made by a duly licensed veterinarian of the State of New Jersey or by such other person permitted by law to make same and approved by the Department of Health of the City. The vaccine must be of a type approved by the United States Bureau of Animal Industry or by the United States Public Health Service.
C.
Rabies tag and certificate. Any person who shall own, keep or harbor
a dog within the City limits shall possess a certificate, both indicating
that such dog has been inoculated against rabies and setting forth
the date of such inoculation. The certificate of inoculation shall
be exhibited to the Health Officer when application for a dog license
is made. The certificate shall also be produced by any person owning,
keeping or harboring a dog within the City limits upon the request
of any Department of Health official or member of the Police Department.
D.
Exceptions. This section shall not apply to:
(1)
Dogs which have not attained the age of seven months;
(2)
Dogs which do not possess a permanent set of teeth;
(3)
Any dog which the Department of Health, for a specified period of
time, declares exempt upon presentation of a certificate from a veterinarian
stating that because of an infirmity or other physical condition,
the inoculation of such dog shall be deemed inadvisable for a specified
period of time;
(4)
Dogs in veterinarian hospitals or pet shows, dogs in transit or dogs
brought into the City temporarily for the sole purpose of showing
in dog shows or exhibitions;
(5)
Any dog inoculated at the State Department of Health and Senior Services
animal rabies clinic.
A.
The Council shall have power to appoint an Animal Control Officer
whose duty it shall be to enforce the provisions of this article.
The Council shall also have power to appoint one or more persons to
be known as "Animal Control Officers," who may impound stray dogs
running at large.
B.
No person shall hinder, molest or interfere with anyone authorized
or empowered to perform any duty under this article.
A.
Records. The information on the application and the registration
number issued for the dog shall be preserved for a period of three
years by the Secretary of the Board of Health. In addition, he/she
shall forward similar information to the State Department of Health
and Senior Services each month on forms furnished by the State Department
of Health and Senior Services.
B.
Disposition of license fees.
(1)
License fees and other moneys collected or received under the provisions
of this article, except registration tag fees, shall be forwarded
to the City Treasurer within 30 days after receipt and shall be placed
in a special account separate from any other account of the City and
shall be used for the following purposes only:
(a)
For collecting, keeping and disposing of dogs liable to seizure
under this article;
(b)
For local prevention and control of rabies;
(c)
For providing antirabies treatment under the direction of the
Board of Health for any person known or suspected of having been exposed
to rabies;
(d)
For the payment of $0.25 per license to the Secretary of the
Board of Health as compensation for service rendered in connection
with the registration of dogs;
(e)
For other purposes prescribed by the statutes of New Jersey
governing the subject;
(f)
For administering the provisions of this article.
(2)
Any unexpended balance shall be retained in such special account
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 City any amount which is in excess of the total amount
paid into the special account during the last two fiscal years next
preceding. The registration fee for each dog shall be forwarded within
30 days after collection by the Registrar to the State Department
of Health and Senior Services.
[Amended 6-14-2011 by Ord. No. 05-2011]
