Words used in this article shall have the meanings ascribed
to such words in N.J.S.A. 4:19-15.1, except, as used in this article,
the following terms shall have the meanings indicated:
KEEPER
Any person exercising control over a dog or permitting a
dog to remain on premises under his control.
Licenses shall be required for the following dogs of licensing
age:
A. Any dog owned or kept within the Borough by a resident of the Borough
on the first day of January of any calendar year.
B. Any dog acquired by any person during the course of any calendar
year and kept within the Borough for more than 10 days after acquisition.
C. Any dog attaining licensing age during the course of the calendar
year.
D. Any licensed dog brought into the Borough by any person and kept
within the Borough for more than 10 days.
E. Any dog licensed by another state brought into the Borough by any
person and kept within the Borough for more than 90 days.
Applications for licenses for dogs which are required to be licensed by the provisions of §
164-2A shall be made before the first day of February of each calendar year. In all other cases, an application for a license shall be made within 10 days of the day upon which the dog in question first becomes subject to the provisions of this article.
[Amended 12-18-1975 by Ord. No. 75-18; 10-8-1981 by Ord. No. 81-8; 4-26-1984 by Ord. No. 84-8; 8-18-1988 by Ord. No. 88-4; 12-18-2014 by Ord. No. 2014-15; 10-26-2017 by Ord. No. 2017-9]
The person applying for a license shall pay a fee of $12 for
nonneutered dogs and $10 for neutered dogs for each dog. The same
fee shall be charged for the annual renewal of a license and registration
tag.
Each dog license and registration tag shall expire on January
1 of the calendar year following the calendar year in which it was
issued.
The Chief of Police shall annually cause a canvass to be made
of all dogs owned, kept or harbored within the Borough and shall report
to the Clerk, the Board of Health and the State Department of Health
the results 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, together
with the registration number of each dog; and the number of unlicensed
dogs owned, kept or harbored by each person, together with a complete
description of each unlicensed dog.
[Amended 12-20-1993 by Ord. No. 93-19]
A. Causes for impounding. The Animal Control Officer shall take into
custody and impound or cause to be taken into custody and impounded,
destroyed or offered for adoption any of the following dogs:
(1) Any unlicensed dog running at large in violation of the provisions
of this article.
(2) Any dog off the premises of the owner or the person keeping or harboring
such dog which the Animal Control Officer or his agent has reason
to believe is a stray dog.
(3) Any dog off the premises of the owner of or the person keeping or
harboring such dog without a current registration tag on its collar.
(4) Any female dog in season off the premises of the owner of or the
person keeping or harboring such dog.
(5) Any dog which has been determined to be a vicious dog, 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.
B. Access to premises. Any officer or agent authorized or empowered
to perform any duty under this article is authorized to go upon any
premises to seize for impounding any dog which he may lawfully seize
and impound when such officer is in immediate pursuit of the dog,
except upon the premises of the owner of the dog if the owner is present
and forbids it.
C. Notice of seizure. If any dog so impounded or seized wears a registration
tag, collar or harness having inscribed thereon or attached thereto
the name and address of any person or if the owner or the person keeping
or harboring the dog is known, the Animal Control Officer shall immediately
serve on the person whose address is given on the collar or on the
person owning, keeping or harboring the dog a notice, in writing,
stating that the dog 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. A notice under this subsection may be served
either by delivering it to the person on whom it is to be served or
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 mail 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. Disposition of unclaimed dogs. The Animal Control Officer is authorized
and empowered to cause the destruction of any unclaimed dog in as
humane a manner as possible, under any of the following conditions:
(1) When the dog has not been claimed by the person owning, keeping or harboring it within seven days of the dog's detention when notice has not been or cannot be given, as set forth in Subsection
C.
(2) If the person owning, keeping or harboring the dog has not claimed
it and has not paid all expenses incurred by reason of its detention,
including maintenance, not to exceed $4 per day.
(3) If the dog is unlicensed at the time of its seizure, and the person
owning, keeping or harboring it has not produced a license and registration
tag.
No person shall own, keep or harbor a dog in the Borough except
in compliance with the provisions of this article and the following
regulations:
A. Wearing of registration. A dog for which a license is required by
the provisions of this article shall wear a collar or harness with
its registration tag securely fastened thereto.
B. Interference with official duties. No person shall hinder, molest
or interfere with anyone authorized or empowered to perform any duty
under this article.
C. Disturbing the peace. No person shall own, keep, harbor or maintain
a dog which habitually barks or cries between the hours of 8:00 p.m.
and 8:00 a.m.
D. Dogs running at large prohibited; leash and control required.
[Amended 7-11-1974 by Ord. No. 74-5]
(1) No person owning or having control, custody or possession of a dog
shall permit or suffer such dog to run at large or to go or be upon
the public streets, sidewalks or other public places within the Borough
unless said dog shall be on a leash, which leash shall have an overall
length, including the handgrip, which shall not exceed six feet, and
in the custody of some person or persons capable of controlling such
dog.
(2) This section may be enforced by the Animal Control Officer, Board
of Health, Building Inspector, police or private citizen by the filing
of a complaint in Municipal Court.
[Amended 12-20-1993 by Ord. No. 93-19]
E. Property damage. No person owning, keeping or harboring a dog shall
permit it to do any injury or damage to lawns, shrubbery, flowers,
grounds or property.
[Amended 12-20-1993 by Ord. No. 93-19]
The Council shall appoint an Animal Control Officer, whose duty
it shall be to enforce the provisions of this article. The Council
may also appoint one or more persons, to be known as "dog catchers,"
who may impound unlicensed dogs running at large in violation of the
provisions of this article.
[Amended 12-20-1993 by Ord. No. 93-19]
Except as provided by N.J.S.A. 4:19-1 et seq., any violation of the provisions of this article shall, upon conviction thereof, be punishable as provided in Chapter
1, Article
II, General Penalty, of the Code of the Borough of Wallington.