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Town of Newton, NJ
Sussex County
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Table of Contents
Table of Contents
[Adopted 6-8-1970 as Secs. 8-1 to 8-5, 8-7 to 8-10, 8-12 and 8-13 of the Revised General Ordinances]
As used in this article, the following terms shall have the meanings indicated:
CAT
Any cat, male or female, of the small domestic quadruped family of felines.
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.
DOMESTIC PET ANIMALS
Any animals of the canine, feline or rodent families including dogs, cats and rabbits commonly domesticated, accepted and sheltered as household pets.
KEEPER
Any person exercising control over a dog or permitting a dog to remain on premises under his control.
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, shall mean and include every person having a right of property in such dog and every person who has such a dog in his 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.
POUND
An establishment for the confinement of dogs seized either under the provisions of this article or otherwise.
SHELTER
Any establishment where dogs are received, housed and distributed.[1]
VICIOUS DOG
See N.J.S.A. 4:19-18.[2]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
License, when required.
(1) 
Licenses shall be required for the following dogs and cats of licensing age:
(a) 
Any dog or cat acquired or kept within the Town by a resident of the Town on the first day of January of any calendar year.
(b) 
Any dog or cat acquired by any person during the course of any calendar year and kept within the Town for more than 10 days after acquisition.
(c) 
Any dog or cat attaining licensing age during the course of the calendar year.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(d) 
Any unlicensed dog or cat brought into the Town by any person and kept within the Town for more than 10 days.
(e) 
Any dog or cat licensed by another state brought into the Town by any person and kept within the Town for more than 90 days.[2]
[2]
Editor's Note: Original Sec. 8-2.1f, pertaining to fines, which immediately followed this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Application for license.
(1) 
Each application for a license under this article shall give the following information:
(a) 
A general description of the dog or cat sought to be licensed including breed, sex, age, color and markings, and whether such dog or cat is of a long- or short-haired variety.
(b) 
Name, street and post office address of the owner of and the person who shall keep or harbor such dog or cat.
(2) 
Registration numbers shall be issued in the order in which applications are received.
C. 
Application for license, when made. Applications for licenses for dogs or cats which are required to be licensed by the provisions of Subsection A(1) of this section shall be made before the first day of February of each calendar year. In all other cases, the application for a license shall be made within 10 days of the day upon which the dog or cat in question first becomes subject to the provisions of this section.
D. 
License record. The information on all applications under this article and the registration number issued to each licensed dog or cat shall be preserved for a period of three years by the Town Clerk. In addition, he shall forward similar information to the State Department of Health and Senior Services each month on forms furnished by the department.
E. 
Fees. The person applying for a license shall pay a fee as set forth in § 100-13A. The same fees shall be charged for the annual renewal of each license and registration tag for dogs and cats.
F. 
Expiration date. Each dog or cat license and registration tag shall expire on the last day of January of the calendar year following the calendar year in which it was issued.
G. 
Exceptions. The provisions of this section shall not apply to any dog or cat licensed under § 57-15 of this article, or dogs received or kept for diagnostic, medical, or surgical treatment, owned by and operated under the supervision of a graduate veterinarian licensed in New Jersey. Dogs used as guides for blind persons and commonly known as "Seeing Eye" dogs and 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 in the same manner as other dogs and cats, except that the owner or keeper shall not be required to pay any fee.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
License required. Any person who keeps or operates, or proposes to establish a kennel, pet shop, shelter or pound, shall apply to the Town Clerk for a license entitling him to keep or operate such establishment. Any person holding such license shall not be required to secure individual licenses for dogs owned by such licensee and kept at such establishments; and such licenses shall not be transferable to another owner or different premises.
B. 
Application information. The application shall contain the following information:
(1) 
The name and permanent and local address of the applicant.
(2) 
The street address where the establishment is located, or proposed to be located, together with a general description of the premises.
(3) 
The purposes for which it is to be maintained.
(4) 
The maximum number of dogs to be accommodated by such establishment at any one time.
C. 
Approval of Health Officer. No license shall be issued until the proposed licensee submits a written statement from the Health Officer of the Board of Health that the establishment or proposed establishment complies with local and state rules governing the location of and sanitation at such establishments.
D. 
License term. 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.
E. 
License fees. The annual license fees for kennel and pet shop licenses shall be as set forth in § 100-13B.
F. 
Compliance with state regulations.
(1) 
All licenses issued for a kennel, pet shop, shelter or pound shall be subject to revocation by the council on recommendation of the State Department of Health and Senior Services or the Board of Health for failure to comply with the rules and regulations of the State Department of Health and Senior Services or the Board of Health, after the owner has been afforded a hearing by either the State Department of Health and Senior Services or the Board of Health.
(2) 
Any person holding a license to establish, keep or operate a kennel, pet shop, shelter or pound shall comply with all Town ordinances and the rules and regulations promulgated by the State Department of Health and Senior Services governing the sanitary conduct and operation of kennels, pet shops, shelters and pounds, the preservation of sanitation therein, and the prevention of the spread of rabies and other diseases of dogs within and from such establishments.
G. 
Reports to State Department of Health and Senior Services. The Clerk shall forward to the State Department of Health and Senior Services a list of all kennels, pet shops, shelters and pounds licensed within 30 days after the licenses therefor are issued, which list shall include the name and address of the licensee and the kind of license issued.
H. 
Control of dogs off premises. No dog kept in a kennel, pet shop, shelter or pound shall be permitted off such premises, except on a leash or in a crate or other safe control.
A. 
License fees and other moneys collected or received under the provisions of this article, except the registration tag fees, shall be forwarded to the Town Treasurer within 30 days after collection or receipt, and shall be placed in a special account separate from any of the other accounts of the Town, and shall be used for the following purposes only: collecting, keeping and disposing of dogs liable to seizure under this article; local prevention and control of rabies; providing antirabies treatment under the direction of the local Board of Health for any person known or suspected to have been exposed to rabies; all other purposes prescribed by the statutes of New Jersey governing the subject; and for administering the provisions of this article.
B. 
Any unexpended balance remaining in such special account shall be retained therein 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 Town 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.
C. 
The registration tag fee of $0.50 for each dog shall be forwarded within 30 days after collection by the Clerk to the State Department of Health and Senior Services.
[Amended 2-13-2012 by Ord. No. 2012-2; 1-11-2016 by Ord. No. 2015-38]
A dog canvass is to be conducted if and as required by applicable state law.
A. 
Causes for impounding. The Animal Control Officer shall take into custody and impound or cause to be taken into custody and impounded, any of the following dogs or cats:
[Amended 2-13-2012 by Ord. No. 2012-2]
(1) 
Any unlicensed dog or cat running at large in violation of the provisions of this article.
(2) 
Any dog or cat off the premises of the owner of or the person keeping or harboring such dog or cat which the Poundmaster or his agent has reason to believe is a stray dog or cat.
(3) 
Any dog or cat off the premises of the owner of or the person keeping or harboring such dog or cat without a current registration tag on its collar.
(4) 
Any female dog or cat in season off the premises of the owner of or the person keeping or harboring such dog or cat.
(5) 
Any dog which has been determined to be a vicious dog as provided in Article IV, Vicious Dogs, provided that such dogs may also be seized by any police officer and provided further that if such dogs cannot be seized with safety, they may be killed.
(6) 
Any dog or other animal which is suspected to be rabid.
(7) 
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. 
Access to premises. Any officer or agent authorized or empowered to perform any duty under this article is hereby authorized to go upon any premises to seize for impounding any dog or cat which he may lawfully seize and impound when such officer is in immediate pursuit of such dog or cat, except upon the premises of the owner of the dog or cat if the owner is present and forbids it.[1]
[1]
Editor's Note: Original Secs. 8-7.3, Notice of seizure, and 8-7.4, Disposition of unclaimed dogs or cats, which immediately followed this subsection, were repealed 2-13-2012 by Ord. No. 2012-2.
C. 
Owners of dogs and cats seized in accordance with this article shall be notified pursuant to N.J.S.A. 4:19-15.16 of such seizure and impoundment and the procedure for redemption of the animal.
[Added 2-13-2012 by Ord. No. 2012-2]
No person shall own, keep or harbor a dog or cat in the Town, except in compliance with the provisions of this article and the following regulations.
A. 
Wearing of registration. All dogs and cats which are required by the provisions of this article to be licensed shall wear a collar or harness with the registration tag for such dog or cat securely fastened thereto.
B. 
Use of registration tags. 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 tag to a dog or cat for which it was not issued.
C. 
Interference with official duties. No person shall hinder, molest or interfere with anyone authorized or empowered to perform any duty under this article.
D. 
Disturbing the peace. No person shall own, keep or harbor or maintain any dog which habitually barks, or a cat which cries, between the hours of 10:00 p.m. and 10:00 a.m.
E. 
Running at large. No person owning, keeping or harboring any dog or cat shall permit the animal to run at large upon the public streets or in any public park, public building or other public place within the Town. Persons who violate this provision by allowing their dog or cat to run at large shall be punishable as provided in Chapter 1, Article III, General Penalty.
[Amended 2-13-2012 by Ord. No. 2012-2]
F. 
Leashing of dogs and cats. No person owning, keeping or harboring any dog or cat shall suffer or permit it to be upon the public streets or in any of the public places of the Town unless such dog or cat 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.
G. 
Personal injury or property damage. No person owning, keeping or harboring a dog or cat shall permit it to injure any person or to do any damage to any lawn, shrubbery, flowers, grounds or property.
Where it has been determined by a physician that a person has been bitten by a dog or cat, such individual or his parent or guardian if he is a minor, shall immediately notify the police. When the owner or keeper of any dog or cat shall be notified by the police that the dog or cat has bitten an individual, the owner or keeper of the dog or cat must comply with the following procedures:
A. 
Have the dog or cat examined by a licensed veterinarian within 12 hours.
B. 
Have the dog or cat kept in quarantine in the owner's home or at a kennel for a period of 10 days.
C. 
At the end of the 10 days, have the dog or cat reexamined by a veterinarian and a written report of the dog's or cat's state of health sent to the Board of Health.
The Council may, by proclamation, require all dogs and cats to be quarantined during such period in each year as may seem advisable to the Council.
All owners of any domestic pet animals shall be required to vaccinate such animals that are permitted access to exterior areas of the premises owned, operated or occupied by such pet owners to protect the health and safety of the general public. Vaccination shall be performed by a licensed veterinarian who shall provide the pet owner with a certificate of vaccination, or vaccination may be sponsored by the Town for the benefit and convenience of the public. When such arrangements are made by the Town to conduct a vaccination clinic for domestic pet animals, the dates, times and location of such a clinic will be announced by publication of the appropriate information in the local newspaper of record.
The Town Council shall have the power to appoint an Animal Control Officer whose duty it shall be to enforce the provisions of this article. The Town Council shall also have the power to appoint one or more persons to be known as "animal catchers" who may impound unlicensed dogs or cats running at large in violation of the provisions of this article, and who shall make monthly reports and an animal report to said Town Council.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Except as provided in N.J.S.A. 4:19-15.19, violations of the provisions of this article shall be punishable as set forth in Chapter 1, Article III, General Penalty.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).