[Adopted 6-11-1956 (Ch. 87, Art. II, of the 1977 Code)]
A.
DOG
DOG OF LICENSING AGE
PERSON
Definitions. The words hereinafter defined shall have
the meaning herein indicated for the purpose of this article, as follows:[1]
Any dog, bitch or spayed bitch.
Any dog which has attained the age of seven months or which
possesses a set of permanent teeth.
An individual, firm, corporation or association of persons.
B.
Usage.
(1)
The words "and" and "or" may be used interchangeably,
and either of the two may be applicable, whichever is more conducive
towards the effectuating of this article.
(2)
Personal pronouns shall mean either the singular or
plural, whichever is applicable and conducive towards the effectuating
of this article.
Whenever a proclamation shall be made by the
Mayor, pursuant to a resolution of the municipal governing body, requiring
the muzzling of dogs, no person owning, keeping, possessing or harboring
any dog shall permit or suffer such dog to run at large in any of
the streets, alleys, highways or public places of the Borough of South
River during the time provided for in such proclamation unless such
dog is securely muzzled.
No person owning, keeping or harboring any dog
shall suffer or permit it to be upon the public streets or in any
public places of the Borough of South River unless such dog is securely
confined 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.
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 which he
may lawfully seize or impound when such officer is in immediate pursuit
of such dog or dogs.
No person shall hinder, molest or interfere
with anyone authorized or empowered to perform any duty under this
article.
[Amended 2-9-1977 by Ord. No. 1977-6]
Any person who shall fail to comply with or who violates or offends against any provisions of this article or any section thereof or the rules and regulations promulgated by the State Department of Health governing kennels, pet shops, shelters and pounds, to preserve sanitation therein and prevent the spread of rabies and other diseases of dogs within and from such establishments, shall be liable to a penalty as provided in Chapter 1, Article I, General Penalty.
A.
The Municipal Judge of the Borough of South River
is empowered, upon the filing of a complaint in writing by any person
authorized by the local Board of Health when the complainant is the
local Board of Health, or by the Borough Clerk or duly designated
Animal Control Officer or other official when the complainant is the
Borough, alleging that a violation of this article has occurred, which
complaint may be made upon information and belief, to issue a process
at the suit of the local Board of Health or of the Borough, as the
case may be, as complainant. The process shall be in the nature of
either a summons or warrant, which warrant may issue without any order
of the court first being obtained against the person so charged, which
process when in the nature of a summons shall be returnable in not
less than five days nor more than 15 entire days and, when in the
nature of a warrant, shall be returnable forthwith. The process shall
state what provision of this article or of any statute pertaining
to the subject matter hereof has been violated by the defendants or
defendant. The court having jurisdiction may at all times amend all
defects and errors in the complaint and process issued hereunder.
B.
Any officer authorized by law to serve and execute
process in the court in which the proceedings are brought hereunder
may serve and execute all process in proceedings for violation of
any of the provisions of this article or of the laws and statutes
relating thereto.
C.
Upon the return of process issued pursuant to this
section or at any time to which the trial shall be adjourned, the
court, without the filing of any pleadings, may proceed to hear the
testimony without a jury and give judgment for the complainant for
the penalty and costs or for the defendant if the facts warrant an
acquittal.