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Township of Montclair, NJ
Essex County
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Table of Contents
Table of Contents
[Adopted 4-15-1980 by Ord. No. 80-12 as Art. I of Ch. 76 of the 1979 Code]
As used in this article, the following terms shall have the meanings indicated:
DOG
Any member of the species Canis familiaris.
[Amended 12-20-2022 by Ord. No. O-22-26]
DOG OF LICENSING AGE
Any dog which has attained the age of seven months or which possesses a set of permanent teeth.
KENNEL
Any establishment wherein or whereon the business of boarding dogs is carried on.
[Amended 12-20-2022 by Ord. No. O-22-26]
OWNER (when applied to the proprietorship of a dog)
Includes every person having a right of property in such dog and every person who has such dog in his or her keeping.[1]
[1]
Editor's Note: The former definition of "pet shop," which immediately followed this definition, was repealed 12-20-2022 by Ord. No. O-22-26.
A. 
Any person who shall own, keep or harbor a dog of licensing age in the Township shall annually apply for and procure from the Health Department a license and official metal registration tag for each such dog so owned, kept or harbored and shall place upon each such dog a collar or harness with the registration tag securely fastened thereto.
[Amended 9-10-2013 by Ord. No. O-13-46]
B. 
Current licenses and registration tags issued by any other municipality of this state shall be accepted by the Township as evidence of compliance with Subsection A of this section and § 82-3.
[Amended 5-12-1981 by Ord. No. 81-23; 9-29-1981 by Ord. No. 81-49; 11-29-1983 by Ord. No. 83-47]
A. 
The person applying for the license and registration tag or for an annual renewal thereof shall pay to the Health Department a fee of $12 (spayed/neutered), $15 (unspayed/unneutered) for each dog license. Persons who fail to obtain a license as required within the time period specified in this section (by March 1) will be subject to a delinquent fee of $10.
[Amended 10-17-1989 by Ord. No. 89-36; 12-8-1992 by Ord. No. 92-55; 9-10-2013 by Ord. No. O-13-46]
B. 
In addition to the above municipal fee, each person, at the time of application for license and registration, shall pay any and all additional surcharges required by the New Jersey State Department of Health.
C. 
Loss of license. If a license has been misplaced or lost, the Health Department may issue a duplicate license and/or registration sleeve for that particular dog at a fee of $1.
[Added 9-10-2013 by Ord. No. O-13-46]
[Amended 5-23-2000 by Ord. No. 00-19]
Service dogs assisting the handicapped and hearing dogs assisting the hearing impaired shall be licensed and registered as provided in this article; provided, however, that the owner or keeper of such dog shall not be required to pay any fee therefor.
License forms and uniform official registration tags designed by the State Department of Health shall be furnished by the Township, shall be numbered serially and shall bear the year of issuance and the name of the Township.
The owner of any newly acquired dog of licensing age or of any dog which attains licensing age shall make application for license and registration tag for such dog within 10 days after such acquisition or age attainment.
A. 
The application shall state the breed, sex, age, color and markings of the dog for which 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.
B. 
The information on said application and the registration number issued for the dog shall be preserved for a period of three years by the Municipal Clerk. In addition, he or she shall forward to the State Department of Health each month, on forms furnished by said Department, an accurate account of registration numbers issued or otherwise disposed of. Registration numbers shall be issued in the order of the applications.
A. 
Any person who shall bring or cause to be brought into the Township any dog licensed in another state for the current year and bearing a registration tag and shall keep or permit the same to be kept within the Township for a period of more than 90 days shall immediately apply for a license and registration tag for each such dog, unless such dog is licensed under § 82-10.
B. 
Any person who shall bring or cause to be brought into the Township any unlicensed dog and shall keep or permit the same to be kept within the Township for a period of more than 10 days shall immediately apply for a license and registration tag for each such dog, unless such dog is licensed under § 82-10.
No person, except an officer in the performance of his or 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.
[Amended 12-20-2022 by Ord. No. O-22-26]
A. 
Any person who keeps or operates or proposes to establish a kennel shall apply to the Municipal Clerk for a license entitling him or her to keep or operate such establishment.
B. 
The application shall describe the premises where the establishment is located or is proposed to be located and 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 Township, showing compliance with the local and state rules and regulations governing location of and sanitation at such establishments.
C. 
Any license issued for a kennel shall state the purpose for which the establishment is maintained. Such license shall expire on the last day of January of each year and shall be subject to revocation by the Township on recommendation of the State Department of Health or of the Township Department of Health for failure to comply with the rules and regulations of the State Department or of the Township Department of Health governing them. No license shall be revoked unless the owner has been afforded a hearing by the State Department or by the Health Officer of the Township.
D. 
No person holding such license shall be required to secure individual licenses for dogs owned by him or her and kept at such establishment. Such license shall not be transferable to another owner or different premises.
[Amended 12-20-2022 by Ord. No. O-22-26]
The annual license fee for a kennel providing accommodations for 10 or fewer dogs shall be $10, and for more than 10 dogs, $25.
[Amended 12-20-2022 by Ord. No. O-22-26]
No dog kept in a kennel shall be permitted off such premises except on a leash or in a crate or under other safe control.
No person owning or having the 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 Township unless said dog shall be on a leash and in the custody of some person or persons capable of controlling such dog.
The Chief of Police or any person appointed for the purpose by the Township Council of the Township shall, promptly after February 1 of each year, cause a canvass to be made of all dogs owned, kept or harbored within the limits of the Township, and shall report, on or before May 1 of each year, to the Municipal Clerk, to the Department of Health of the Township and to the State Department of Health the result thereof, setting forth in separate columns the names and addresses of persons owning, keeping or harboring such dogs, the number of licensed dogs owned, kept or harbored, together with the registration numbers of each of said dogs, and the number of unlicensed dogs owned, kept or harbored by each of said persons, together with a complete description of each of said unlicensed dogs.
A. 
The Animal Warden of the Township shall take into custody and impound or cause to be taken and impounded and thereafter destroyed or disposed of, as provided in this section and in accordance with P.L. 1941, c. 151, Section 16 (N.J.S.A. 4:19-15.16), and the amendments thereof and supplements thereto:
(1) 
Any dog off the premises of the owner or of the person keeping or harboring said dog, which said Animal Warden or his or her agent has reason to believe is a stray dog; provided, however, that any dog handled on a leash shall not be considered a stray dog.
(2) 
Any dog off the premises of the owner or of the person keeping or harboring said dog without a current registration tag on the collar.
(3) 
Any female dog in season off the premises of the owner or of the person keeping or harboring said dog.
B. 
If any dog so seized wears a collar or harness having inscribed thereon or attached thereto the name and address of any person or a registration tag, or the owner or person keeping or harboring said dog is known, the Animal Warden shall forthwith serve on the person whose address is given on the collar, or on the owner or the person keeping or harboring said dog, 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 seven days after service of the notice. 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 collar, or by forwarding it by mail in a prepaid letter addressed to that person at his or her usual or last known place of abode or to the address given on the collar or to the address set forth on the application for the license.
C. 
When any dog so seized has been detained for seven days after notice, when notice can be given as above set forth, or has been detained for seven days after seizure when no notice has been given, and if the owner or person keeping or harboring said dog has not claimed said dog and paid all expenses incurred by reason of its detention, including maintenance not exceeding $1 per day and a fee of $1 to the Animal Warden for expense of seizure, and further, if the dog be unlicensed at the time of the seizure and the owner or person keeping or harboring said dog has not produced a license and registration tag for said dog, the Animal Warden may cause the dog to be destroyed in a manner causing as little pain as possible.
The Animal Warden is authorized to go upon any premises to seize for impounding any dog or dogs which he or she or she may lawfully seize and impound, when he or she is in immediate pursuit of such dog or dogs, except upon the premises of the owner of the dog if such 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.
[Added 5-12-1981 by Ord. No. 81-24]
No person owning, harboring, keeping or in charge of any dog shall permit, cause or suffer such dog to soil, defile or defecate on any common thoroughfare, sidewalk, street, passageway, bypath, play area, park or any place where people congregate or walk, or upon any public property whatsoever, or upon any private property without the permission of the owner of said property. The foregoing restriction shall not apply to that portion of the street lying between the curblines, or the sides of the street bed if there are no curblines, provided that:
A. 
The person with and in charge of such dog shall immediately remove all feces deposited by such dog by any sanitary means approved by the Township Health Department.
B. 
The feces removed from the aforementioned designated area shall be disposed of by the person owning, harboring, keeping or in charge of such dog in a sanitary manner approved by the Township Health Department.
A. 
Any person who violates or fails or refuses to comply with § 82-2, 82-6, 82-8, 82-9, 82-10, 82-12 or 82-17 or with the rules and regulations promulgated by the State Department of Health governing the sanitary conduct and operation of kennels, to preserve sanitation therein and to prevent the spread of rabies and other diseases of dogs within and from such establishments shall be liable to a penalty of not less than $5 nor more than $50 for each offense, to be recovered by and in the name of the Director of Health of the State of New Jersey or by and in the name of the Township, as the case may be, except that for the first offense in case of violations of §§ 82-2, 82-6 and 82-8, the penalty shall not be less than $1 nor more than $50, to be recovered in the same manner. A person who refuses or neglects to pay forthwith the amount of a judgment rendered against him or her and the costs and charges incident thereto may be committed by the Judge to the county jail for a period not exceeding 10 days in the case of the first conviction, and in the case of a second, subsequent or continuing violation, for a term not exceeding 30 days.
[Amended 12-20-2022 by Ord. No. O-22-26]
B. 
Any person who violates any provision of § 82-13 or 82-18 shall, upon conviction thereof, be punished by a fine not exceeding $2,000, imprisonment in the county/municipal jail for a term not exceeding 90 days, or a period of community service not exceeding 90 days, or any combination thereof as determined by the Municipal Court Judge. Each day on which a violation of an ordinance exists shall be considered a separate and distinct violation and shall be subject to imposition of a separate penalty for each day of the violation as the Municipal Court Judge may determine.
[Amended 5-12-1981 by Ord. No. 81-24; 11-29-1983 by Ord. No. 83-47; 5-23-2000 by Ord. No. 00-19; 4-10-2007 by Ord. No. 07-17]