For the purposes of this chapter, the following
words and phrases shall have the meanings respectively ascribed to
them by this section:
The Municipal Court of the Borough.
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 the business of boarding or selling
dogs or breeding dogs for sale is carried on, except a pet shop.
Every person having a right of property in a dog and every
person who has such dog in his keeping.
Any room, cage or exhibition pen, not part of a kennel, wherein
dogs for sale are kept or displayed.
An establishment for the confinement of dogs seized either
under the provisions of this chapter or otherwise.
The running or standing of any dog who is off the premises
of the person owning or keeping or harboring it and not securely fastened
to a tether, leash, cord or chain or the like, not to exceed eight
feet in length, held by its owner or other person capable of controlling
said dog.
[Amended 2-16-2012 by Ord. No. 12-1]
Any establishment where dogs are received, housed and distributed
without charge.
[Amended 12-16-2003 by Ord. No. 20-03]
The Florham Park Health Department shall conduct
(biannually) a canvass of all dogs owned, kept or harbored within
the Borough of Florham Park to be reported to the State of New Jersey
by September 1 of the licensing year.
A.
The Mayor, with the consent of the Borough Council,
is hereby empowered to appoint a Poundmaster, Dog Warden or Dogcatcher,
or he may designate some other authority to enforce the provisions
of this chapter.
B.
The Council may, by resolution, enter into a contract
with any humane society, animal shelter or similar association or
with one or more persons to exercise the duties of Dog Warden or Poundmaster
and to enforce this chapter.
C.
All police officers of the Borough, regular and special
are hereby given full power and authority and are charged with the
duty to enforce this chapter.
No person owning, keeping or harboring a dog
shall permit, suffer or allow the dog to:
A.
Run at large within the Borough.
B.
Be off the premises of such owner or person so harboring
the dog, or upon a street or other public place in the Borough, except
when restrained by a leash or when otherwise under the strict control
of some responsible person able to control the dog.
C.
Cause any injury to any person or animal.
[Amended 12-16-2003 by Ord. No. 20-03]
D.
Do any damage to any shrub, tree or other property
in any street, park or other public place in the Borough.
E.
Soil or defile or commit any nuisance upon any sidewalk,
pedestrian street crossing, school yard or municipal playground.
F.
Habitually bark, howl or cry. The habitual barking,
howling or crying of a dog in the Borough is hereby declared to be
a disturbing noise within the meaning of N.J.S.A. 40:48-1, Subdivision
8, and a nuisance.
G.
Be or become a public nuisance, or to create a condition
hazardous to safety and health.
H.
Run at large upon any Borough playing field or open
recreation area, public building, public facility, turfed area, playground
or pedestrian walkway of any public school, public park or other public
recreation area within the Borough. Dogs on a leash are allowed in
such areas, which include but are not limited to, the Borough Complex,
Emmett Fields, Stobaeus Field and Park and Beechcrest Field and Park
areas. It is the responsibility of each dog owner who brings a leashed
dog onto such areas to clean up after and curb the dog. Allowing a
dog to run at large in or upon these areas or failure to clean up
after a dog is a violation of this chapter.
[Added 12-3-1991 by Ord. No. 12-91;
amended 2-16-2012 by Ord. No. 12-1]
I.
Keep a potentially dangerous dog or vicious dog unless
according to N.J.S.A. 4:19-24 through 4:19-26.
[Added 12-16-2003 by Ord. No. 20-03]
A.
The Poundmaster, Dog Warden or Dogcatcher or other
designated authority or any police officer of the Borough shall take
into custody and impound, or cause to be taken into custody and impounded,
and thereafter destroyed or disposed of:
(1)
Any dog running at large or any dog off the premises of the owner or of the person keeping or harboring the dog, contrary to any of the provisions of § 108-4 or which is committing a nuisance or doing any injury or damage in violation thereof.
(2)
Any dog off the premises of the owner or of the person
keeping or harboring the dog which the Dog Warden or any of the other
persons charged with the enforcement of this chapter believes is a
stray dog.
(3)
Any dog off the premises of the owner or of the person
keeping or harboring the dog without a current registration tag on
his collar.
(4)
Any female dog in season off the premises of the owner
or of the person keeping or harboring the dog, except when on a leash
and in the control of a responsible person capable of maintaining
such control.
(5)
Any dog on the premises of the owner which gives evidence
of being mad and vicious or dangerous to public health and safety.
B.
If any dog seized under this chapter 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 the person
keeping or harboring the dog is known, the Poundmaster, Dog Warden
or Dogcatcher, or any official charged with the enforcement of this
chapter or any person authorized by them on their behalf, shall forthwith
serve on the person whose address is given on the collar, or on the
owner or the person keeping or harboring the 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
the service of the notice.
C.
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 post 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.
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 as above set forth or because of lack of name and address of
owner, and if the owner or person keeping or harboring the dog has
not claimed the dog and paid all expenses incurred by reason of its
detention and if the dog is unlicensed at the time of seizure and
the owner or person keeping or harboring the dog has not produced
a license and registration tag for the dog, the Poundmaster, Dog Warden,
Dogcatcher or other designated authority, or any person authorized
by them in that behalf, may cause the dog to be destroyed in a manner
causing as little pain as possible.
E.
The expenses referred to in Subsection D, which shall be paid by the owner or person keeping or harboring a dog that has been impounded, shall be $3 for impounding the dog and $1 per day for maintenance. No owner or person keeping or harboring a dog shall be permitted to claim an impounded dog unless a license and registration tag can be produced for the dog.
No person shall hinder, molest or interfere
with anyone authorized or empowered to perform any duty under this
chapter.
Any officer or agent authorized or empowered
to perform any duty under this chapter is hereby 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 such
dog, except upon the premises of the owner of the dog if the owner
is present and forbids the same.
All license fees and money collected or received
under the provisions of this chapter shall be forwarded to the Treasurer
of the Borough, who shall place the money in a special account and
thereafter dispose of the money in such account, all in accordance
with N.J.S.A. 4:19-15.11.
