[HISTORY: Adopted by the Mayor and Council
of the Borough of Cresskill as indicated in article histories. Amendments
noted where applicable.]
[Adopted 1-1-1981 by Ord. No. 80-23-780 as Ch. 74 of the 1981 Code]
For the purposes of this article, the following
words and phrases shall have the meanings respectively ascribed to
them by this section:
Any place where dogs, cats or other domestic animals belonging
to anyone, other than the owner, tenants or occupant of such place,
are for hire, kept, maintained or harbored for observation or treatment.
Any cat, male or female or spayed female.
Any cat which has attained the age of four months.
[Amended 5-20-1986 by Ord. No. 86-14-931]
Any dog, bitch or spayed bitch.
Any dog which has attained the age of seven months or which
possesses a set of permanent teeth.
Any establishment wherein or whereon the business of boarding
or selling dogs or breeding dogs for sale is carried on, except a
pet shop.
When applied to the proprietorship of a dog or cat, every
person having a right of property in such dog or cat, and every person
who has such dog or cat in his keeping.
Any room or group of rooms, cage or exhibition pen, not part
of a kennel, wherein dogs or cats for sale are kept or displayed.
An establishment for the confinement of dogs or cats seized
either under the provisions of this article or otherwise.
Any establishment where dogs and cats are received, housed
and distributed without charge.
The provisions of this article are supplementary
thereto and in addition to the provisions of N.J.S.A. 4:19-15.1 to
4:19-15.29.
[Amended 10-20-1987 by Ord. No. 87-14-970]
No person shall keep or harbor any dog, cat
or reptile in the Borough except in compliance with this article.
It shall be the duty of the Animal Control Officer
or other person designated by the Mayor and Council to license dogs
and cats, to carry out the provisions of N.J.S.A. 4:19-15.13 and 4:19-15.15,
as supplemented and amended, and to make a similar canvass of all
cats owned, kept or harbored within the limits of the Borough and
to report to the Clerk and the Board of Health of the Borough the
result thereof.
[Amended 5-20-1986 by Ord. No. 86-14-931]
A.
No person shall own, keep or harbor any dog or cat
of licensing age within the Borough unless such dog or cat has been
licensed by the Department of Health, upon application by the owner
and payment of the prescribed fee. Such animal shall be vaccinated
against rabies by a licensed veterinarian, in accordance with the
latest Compendium of Animal Vaccines and Recommendations for Immunization,
published by the National Association of State Public Health Veterinarians,
Inc.
[Amended 8-25-1997 by Ord. No. 97-18-1175]
B.
A certificate of vaccination shall be issued to the
owner of each vaccinated dog or cat on a form recommended by the Compendium.
The application for a license and tag shall
state the breed, sex, age, color and markings of the dog or cat for
which the license and registration are sought and whether it is of
a long- or short-haired variety, also the name, street and post office
address of the owner and the person who shall keep or harbor such
dog or cat.
[Amended 12-1-1981 by Ord. No. 81-27-808]
A.
Any person who shall own, keep or harbor a dog of
licensing age shall apply for and procure for each dog owned a license
and registration tag which shall be valid for a term of either one
or three years. Each dog licensed under this section shall possess
a collar or harness with the registration tag securely fastened thereto.
B.
Upon acceptance of the license, application and fee,
a durable cat license tag which includes the identifying number, year
of issuance, Borough, county and state shall be issued. The license
tag shall be attached to the collar of the cat so as to assist in
the identification of a lost cat.
[Added 5-20-1986 by Ord. No. 86-14-931]
A.
Any person applying for a one-year license and registration
tag shall pay a fee of $13 for each neutered or spayed dog; the one-year
license and registration tag for an unaltered dog shall cost $16.
The above fees include the costs of rabies inoculations by a participating
veterinarian. A certificate for such inoculation shall be issued whenever
Board of Health records indicate that a dog is due for inoculation
in the license year, or when a dog is first licensed in the Borough.
The licensing period shall commence on February 1 of each year and
shall expire one year from the date thereof.
[Amended 11-3-1981 by Ord. No. 81-25-806; 3-18-1986 by Ord. No. 86-6-923; 9-6-2000 by Ord. No. 00-14-1222; 8-10-2011 by Ord. No. 11-09-1411; 12-19-2012 by Ord. No. 12-21-1443; 1-7-2015 by Ord. No.
14-11-1468]
B.
Dogs used as guides for blind persons commonly known
as "Seeing Eye" dogs shall be licensed and registered as other dogs,
with the exception that the owner or keeper of such dog shall not
be required to pay any fee therefor. Said fee shall also be waived
for the licensing and registration of “service” dogs and
“Hearing Ear” dogs.
[Amended 10-2-2002 by Ord. No. 02-12-1254]
C.
A cat license shall be issued after payment of $9
for each neutered cat and $11 for each unneutered cat. The licensing
period shall be for one year. Licenses shall be renewed by February
1 of each year.
[Added 5-20-1986 by Ord. No. 86-14-931; amended 6-21-1988 by Ord. No. 88-8-985; 2-20-1990 by Ord. No. 9-2-1025; 8-10-2011 by Ord. No.
11-09-1411; 12-19-2012 by Ord. No. 12-21-1443; 1-7-2015 by Ord. No.
14-11-1468]
D.
A license fee not paid by March 1 of the year payable
shall be charged a maximum late charge of $25, plus the license fee
payable.
[Added 1-2-2003 by Ord. No. 02-17-1259; amended 12-21-2005 by Ord. No. 05-15-1302]
No license issued pursuant to this article shall
be transferable.
Duplicate tags will be issued upon satisfactory
proof of the loss of the original tag and upon payment of a fee of
$0.50.
License fees and other moneys collected or received
under the provisions of this article shall be received and disposed
of as provided in N.J.S.A. 4:19-15.11.
A.
Any person who keeps or operates or proposes to establish
a kennel, an animal hospital, a pet shop, a shelter or a pound shall
apply to the Animal Control Officer or other person designated by
the Mayor and Council to license dogs and cats for a license entitling
him to keep or operate such establishment.
[Amended 10-2-2002 by Ord. No. 02-12-1254]
B.
The application shall describe the premises where
the establishment is located or is proposed to be located, the purpose
or purposes for which it is to be maintained and shall be accompanied
by the written approval of the Health Officer of the Board of Health
of the Borough, 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, animal hospital,
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 June of each year and shall be subject to revocation by the Mayor
and Council on recommendations of the State Department of Health or
the Board of Health of the Borough for failure to comply with the
rules and regulations of the State Department of Health or the Board
of Health of the Borough governing the same after the owner has been
afforded a hearing by either the State Department of Health or the
Board of Health of the Borough.
[Amended 5-20-1986 by Ord. No. 86-14-931]
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, and such licenses shall not be transferable
to another owner or different premises.[1]
[1]
Editor's Note: Former Subsection E, prohibiting
the operation and maintenance of specified facilities within 500 yards
of a residence, except that of the owner or operator, which immediately
followed this subsection, was repealed 3-15-1995 by Ord. No. 95-5-1121.
E.
Every such kennel, animal hospital, pet shop, shelter
or pound shall be subject to such reasonable rules and regulations
in regard thereto as may be prescribed by the Mayor and Council. Any
premises so used and all buildings and enclosures thereon shall be
kept clean and sanitary. All animal carcasses shall be immediately
and properly disposed of and shall not be buried within the Borough
limits. Any Health Officer or police officer of the Borough shall
have the right, at any reasonable hour in the day or nighttime, to
enter into such premises and any buildings and enclosures thereon
and to make such examination thereof as he shall deem proper.
The annual license fee for a kennel providing
accommodations for 10 or less dogs shall be $10, and for more than
10 dogs, the fee shall be $25. The annual license fee for an animal
hospital providing accommodations for 10 or less dogs, cats or other
animals shall be $10, and for more than ten dogs, cats or other animals,
the fee shall be $25. The annual license fee for a pet shop shall
be $10. No fee shall be charged for a shelter or pound.
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.
A.
Any person who shall bring or cause to be brought into the Borough 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 § 80-12.
B.
Any person who shall bring or cause to be brought into the Borough 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 license and registration tag for each such dog or cat, unless such dog or cat is licensed under § 80-12.[1]
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.
[Amended 10-20-1987 by Ord. No. 87-14-970]
No dog, cat or reptile kept in a kennel, animal
hospital, pet shop, shelter or pound shall be permitted off such grounds,
except on a leash or crate or in other safe control.
The Mayor and Council shall have power to appoint annually a Animal Control Officer, whose duty it shall be to enforce the provisions of this article and the provisions of Chapter 151 of the Laws of 1941.[2] The Mayor and Council shall also have power to appoint
one or more persons to be known as "dog catchers," who may impound
unlicensed dogs or cats running at large in violation of the provisions
of this article.
A.
The Animal Control Officer or other person designated
by the Mayor and Council to license dogs and cats shall take into
custody and impound or cause to be taken into custody and impounded
and thereafter destroyed or offered for adoption the following:[1]
(1)
Any dog, cat or reptile off the premises of the owner
or of the person keeping or harboring such dog, cat or reptile, which
such official or his agent or agents has reason to believe is a stray
dog, cat or reptile.
[Amended 10-20-1987 by Ord. No. 87-14-970]
(2)
Any dog or cat off the premises of the owner or of
the person keeping or harboring such dog or cat without a current
registration tag on his collar.
(3)
Any female dog or cat in season off the premises of
the owner or of the person keeping or harboring the 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.
Dogs, cats or reptiles so taken into custody shall
be impounded, destroyed or disposed of as provided in N.J.S.A. 4:19-15.16.
[Amended 10-20-1987 by Ord. No. 87-14-970[2]]
[2]
Editor's Note: This ordinance also provided
for the repeal of former Subsection C, regarding the destruction of
cats, which immediately followed this subsection.
[Amended 10-20-1987 by Ord. No. 87-14-970]
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 dogs, cat or
cats or reptile or reptiles he may lawfully seize and impound when
such officer is in immediate pursuit of such animals or reptiles,
except upon the premises of the owner of such animal or reptile if
the 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 or cat which shall habitually disturb the peace and quiet of the
neighborhood.
A.
No person owning, keeping or harboring any dog shall
suffer or permit it to run at large upon the public streets or in
any public park or in any public building or in any other public place
within the Borough unaccompanied by its owner or his, her or its representative.
B.
All dogs shall be leashed, except when on the owner's
property. Any dog found running at large shall be deemed to be doing
so with the permission of the owner, keeper or harborer, and such
person shall be deemed guilty of a violation of this section.
[Amended 5-4-1982 by Ord. No. 82-9-822]
C.
All reptiles shall be maintained, transported, conveyed
or carried in an enclosed escape-proof container. Any reptile found
outside of such container shall be deemed to be a nuisance and to
be doing so with the permission of the owner, keeper or harborer,
and such person(s) shall be deemed guilty of a violation of this section.
[Added 10-20-1987 by Ord. No. 87-14-970]
D.
Any person found guilty of violating this section
shall be subject to a fine of $15 for the first offense in any given
twelve-month period. Any person found guilty of a second offense in
any twelve-month period shall be subject to a fine of $30. For each
subsequent violation in the same twelve-month period, an additional
fine of $40 shall be paid, per infraction, by the owner.
[Added 5-4-1982 by Ord. No. 82-9-822]
[Amended 10-20-1987 by Ord. No. 87-14-970 [1]]
No person owning, keeping or harboring any dog,
cat or reptile shall suffer or permit it to enter any food establishment,
which, for the purpose of this article, includes any place used in
the production, preparation, manufacture, packing, storage, transportation
or handling of food or foodstuffs intended for sale or distribution.
“Seeing Eye” dogs, “service” dogs or “Hearing
Ear” dogs are exempt from this prohibition.
A.
No person owning, keeping or harboring any dog shall
suffer or permit it to soil, defile or commit any nuisance on any
common thoroughfare, sidewalk, passageway, bypath, play area, park
or any place where people congregate or walk or upon any lawns, shrubbery
or tree on any public property or upon a lawn, shrubbery or tree on
any private property not belonging to the owner or custodian of such
dog; provided, however, that for the purpose of this section, the
above-mentioned restrictions shall not apply to that portion of the
street lying between the curblines, which shall be used to curb the
dog.
B.
If any such person shall permit such dog to soil,
defile, defecate on or commit any nuisance on the areas aforesaid,
he or she shall immediately remove all feces and droppings deposited
by such dog, which removal shall be in a sanitary manner by shovel,
container, disposal bag, etc., and said feces and droppings shall
be removed by said person from the aforesaid designated areas and
disposed of by said person in a sanitary manner.
C.
Failure of a person to visibly carry with him or her
a shovel, container, disposal bag or any other sanitary means of removing
all feces or droppings deposited by such dog shall be presumed a violation
of this article.
[Added 11-3-1982 by Ord. No. 82-20-833]
D.
No person shall keep, harbor or maintain any dog or
cat (or dogs or cats) which habitually barks or cries so as to disturb
the public peace and so create a nuisance to others.
[Added 4-19-1983 by Ord. No. 83-5-845]
E.
No person shall house any dog or cat in a dwelling
used also for human habitation unless waste is regularly removed from
the premises and the premises are maintained in such a way as to prevent
odor and the attraction of rodents and insects, thereby not creating
a nuisance to others.
[Added 4-19-1983 by Ord. No. 83-5-845]
F.
In addition to the aforementioned prohibitions, no
person shall keep, harbor or maintain any dog or cat in such a manner
that it creates a nuisance to others.
[Added 4-19-1983 by Ord. No. 83-5445]
Any dog found in any place specified in § 80-24 shall be deemed to be in such place by permission or order of the owner, harborer or keeper of such dog, and any dog committing any of the acts specified in § 80-25 shall be deemed to have committed such act by permission or order of the owner, harborer or keeper of such dog, and such owner, harborer or keeper shall be guilty of a violation of this article.
The Mayor and Council may enter into negotiation
and may contract with a Animal Control Officer, humane society or
the Society for the Prevention of Cruelty to Animals for a period
not exceeding one year for collection, keeping for redemption, destroying
or disposing of all dogs running at large or unlicensed or stray dogs
or cats found within the Borough limits and for sheltering and feeding
such dogs or cats during the redemption and to defray the costs thereof.
[Amended 5-20-1986 by Ord. No. 86-14-931]
The Mayor and Council may, by proclamation,
require all dogs and cats to be quarantined during such period in
each year as it may deem advisable.
[Amended 5-4-1982 by Ord. No. 82-7-820]
When any person is bitten or attacked by a dog
or other animal subject to rabies or other like contagious or dangerous
disease, such person, his parents, or guardian if he is a minor, the
owner of the animal, or the person having possession or control thereof,
the physician who treats the bite or wound and any veterinarian or
lay person having knowledge of such bite or wound must immediately
notify the Police Department. The person owning or having possession
or control of the offending animal must (at the request of the Police
Department or Health Department) immediately provide for the examination
and observation of such animal by a licensed veterinarian of the State
of New Jersey. Said veterinarian shall immediately report his findings
to the Board of Health by telephone and shall confirm such report
in writing within 24 hours. After such preliminary examination, the
animal may be returned to the custody of the person from whom it was
received, except that, if the animal has inflicted a face bite, it
shall not be returned, but shall be confined for such period of observation
as the Board may direct in a veterinary hospital or other place approved
by the Board. An animal must be returned after preliminary examination
for reexamination (or brought for initial examination 10 days after
the attack) to a licensed veterinarian of the State of New Jersey,
and said veterinarian shall report his findings to the Board immediately
by telephone and in writing within 24 hours. The animal shall then
be released to the person from whom it was received unless the animal
is rabid or suspected of being rabid.
The control of vicious dogs shall be as set
forth in N.J.S.A. 4:19-17 et seq.
The provisions of this article shall be enforced
by the Police Department and/or the local Board of Health.
Any person violating any of the provisions of this article shall, upon conviction thereof, be subject to a fine as provided under the general penalty in § 1-15 of this Code.
