[HISTORY: Adopted by the Board of Health of the Borough of Carteret
6-9-1978 as Art. III of the 1978 Revised Ordinances. Amendments noted where
applicable.]
GENERAL REFERENCES
Dogs (Borough Council) — See Ch. 118.
As used in this chapter, the following terms shall have the meanings
indicated:
Any dog, bitch or spayed bitch.
Any dog which has attained the age of seven (7) months or which possesses
a set of permanent teeth.
Any person exercising control over a dog or permitting a dog to remain
on premises under his control.
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, includes every person
having a right of property in such dog and every person who has such dog in
his keeping.
Any room or group of rooms, 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.
Any dog off the premises of the owner, with or without a leash or
muzzle, and not under the direct control of the owner capable of handling
the animal.
An enclosure or pen out of which the dog cannot escape.
A leash or chain which the dog cannot break or sever and which is
not over six (6) feet in length.
Any establishment where dogs are received, housed and distributed
without charge.
Any dog which has been declared by a Municipal Judge to be a "vicious
dog" which has attacked or bitten any human being or which habitually attacks
other dogs or domestic animals.
A.
When required.
(1)
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 ten (10) days after
acquisition.
(c)
Any dog attaining licensing age during the course of
the calendar year.
(d)
Any unlicensed dog brought into the borough by any person
and kept within the borough for more than ten (10) days.
(e)
Any dog licensed by another state brought into the borough
by any person and kept within the borough for more than ninety (90) days.
(2)
No license to own, keep or harbor a dog in the borough
shall be issued to or in the name of a minor.
B.
C.
When application for license made. Applications for licenses for dogs which are required to be licensed by the provisions of Subsection A, shall be made before the first day of February of each calendar year. In all other cases, the application for a license shall be made within ten (10) days of the day upon which the dog in question first becomes subject to the provisions of this section.
D.
Failure to obtain license. Any owner of or person harboring a dog which is found to be unlicensed by the Dog Warden after March 1 shall be required to pay an additional delinquent fee plus the required license fee. The delinquent fee shall be one dollar ($1.), in addition to any other fines due to summonses issued that may be imposed on him as provided in this section for failure to obtain a dog license before February 1. The aforementioned fee shall not apply to dogs which have been acquired by the owner after March 1, for which the license fee shall be the same as required in Subsection F. The owner, however, must present sufficient proof to establish that the dog was acquired after March 1.
E.
License record. The information on all applications under
this section and the registration number issued to each licensed dog shall
be preserved for a period of three (3) years by the Borough Clerk. In addition,
he shall forward similar information to the State Department of Health each
month on forms furnished by the Department.
F.
Fees. The person applying for a license shall pay a fee
of seven dollars ($7.) for each dog. He shall also pay one dollar ($1.) for
the registration tag for each dog. The same fees shall be charged for the
annual renewal of each license and registration tag. A fee of one dollar ($1.)
shall be charged to replace a registration tag.
[Amended 3-2-1982]
G.
Expiration date. Each dog license and registration tag
shall expire on January 31 of the calendar year following the calendar year
in which it was issued.
H.
Exceptions. The provisions of this section shall not apply to any dog licensed under § 287-3 of this chapter. Dogs used as guides for blind persons and commonly known as "Seeing Eye" dogs shall be licensed in the same manner as other dogs, except that the owner or keeper shall not be required to pay a fee.
I.
Notification of death, sale, etc., of dogs. A dog owner
shall notify the Carteret Board of Health within seven (7) days from the date
of such occurrence of the death, sale or disposal of any dog or dogs by any
other means. Said notification can be either oral or written.
[Added 3-2-1982]
A.
License required. Any person who keeps or operates or
proposes to establish a kennel, pet shop, shelter or pound shall apply to
the Borough Clerk for a license entitling him to keep or operate such establishment.
Any person holding such license shall not be required to secure individual
licenses for dogs owned by him and kept at such establishments. Such licenses
shall not be transferable to another owner or different premises.
B.
Application information. The application shall contain
the following information:
(1)
The name and permanent and local address of the applicant.
(2)
The street address where the establishment is located
or proposed to be located, together with a general description of the premises.
(3)
The purpose for which it is to be maintained.
(4)
The maximum number of dogs to be accommodated by such
establishment at any one (1) time.
C.
Approval of Health Officer. No license shall be issued
until the proposed licensee submits a written statement from the Health Officer
of the Board of Health that the establishment or proposed establishment complies
with local and state rules governing the location and sanitation of such establishment.
D.
License term. All licenses issued for a kennel, pet shop,
shelter or pound shall state the purpose for which the establishment is maintained,
and all such licenses shall expire on June 30 of each year.
F.
Compliance with state regulations.
(1)
All licenses issued for a kennel, pet shop, shelter or
pound shall be subject to revocation by the Council on recommendation of the
State Department of Health or the Board of Health for failure to comply with
the rules and regulations of the State Department of Health or the Board of
Health, after the owner has been afforded a hearing by either the State Department
of Health or the Board of Health.
(2)
Any person holding a license to establish, keep or operate
a kennel, pet shop, shelter or pound shall comply with all borough ordinances
and the rules and regulations promulgated by the State Department of Health
governing the sanitary conduct and operation of kennels, pet shops, shelters
and pounds, the preservation of sanitation therein and the prevention of the
spread of rabies and other diseases of dogs within and from such establishments.
G.
Reports to State Health Department. The Clerk shall forward
to the State Department of Health a list of all kennels, pet shops, shelters
and pounds licensed within thirty (30) days after the licenses therefor are
issued, which list shall include the name and address of each licensee and
the kind of license issued.
H.
Control of dogs off premises. No dog kept in a kennel,
pet shop, shelter or pound shall be permitted off such premises, except on
leash or in a crate or other safe conduct.
A.
License fees and other moneys collected or received under
the provisions of this chapter, except the registration tag fees, shall be
forwarded to the Borough Treasurer within thirty (30) days after collection
or receipt and shall be placed in a special account separate from any of the
other accounts of the borough and shall be used for the following purposes
only:
(1)
Collecting, keeping and disposing of dogs liable to seizure
under this chapter.
(2)
Local prevention and control of rabies.
(3)
Providing antirabies treatment under the direction of
the Local Board of Health for any person known or suspected to have been exposed
to rabies.
(4)
All other purposes prescribed by the statutes of New
Jersey governing the subject and for administering the provisions of this
chapter.
B.
Any unexpended balance remaining in such special account
shall be retained therein until the end of the third fiscal year following
and may be used for any of the purposes set forth in this section. At the
end of the third fiscal year following and at the end of each fiscal year
thereafter, there shall be transferred from such special account to the general
funds of the borough any amount then in such account which is in excess of
the total amount paid into the special account during the last two (2) fiscal
years next preceding.
C.
The registration tag fee of twenty-five cents ($0.25)
for each dog shall be forwarded within thirty (30) days after collection by
the Clerk to the State Department of Health.
The Chief of Police of the borough shall annually cause a canvass to
be made of all dogs owned, kept or harbored within the limits of 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.
A.
Complaint; investigation; report. It shall be the duty of the Police Department and the Poundmaster to receive and investigate complaints against dogs. If they deem any dog complained of to be a vicious dog as defined in § 287-1, they shall report their findings, in writing, to the Municipal Judge.
B.
Notice; hearing. The Municipal Judge shall notify, in
writing, the owner or keeper of an allegedly vicious dog that a complaint
has been made and require such person to appear before him at a stated time
and place for a hearing. The Judge shall conduct the hearing in the same manner
as he would conduct the trial of a criminal case. If the Judge decides that
the dog complained of is a vicious dog, he shall so notify the owner or keeper
of the dog.
C.
Control. No person owning or keeping a dog which has
been determined to be a vicious dog shall permit such dog to be off the property
of its owner or keeper without being securely muzzled.
A.
Causes for impounding. The Poundmaster shall take into
custody and impound or cause to be taken into custody and impounded any of
the following dogs:
(1)
Any unlicensed dog running at large in violation of the
provisions of this chapter.
(2)
Any dog off the premises of the owner of or the person
keeping or harboring such dog which the Poundmaster 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
as provided in § 286-6, 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 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 the dog, except upon
the premises of the owner of the dog if the owner is present and forbids the
same.
C.
Notice of seizure.
(1)
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 the owner of or the person keeping or harboring
the dog is known, the Poundmaster 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 disposed of or destroyed if not claimed within seven (7) days
after service of the notice.
(2)
A notice under this subsection 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 usual or last known place of abode or to the address given on
the collar.
D.
Disposition of unclaimed dogs. The Poundmaster is authorized
and empowered to cause the destruction of any unclaimed dog, in as humane
a manner as possible, under any of the following contingencies:
(1)
When any dog so seized has not been claimed by the person
owning, keeping or harboring such dog within seven (7) days after notice or
within seven (7) days of the dog's detention when notice has not been or cannot
be given, as set forth in the previous subsection.
(2)
If the person owning, keeping or harboring any dog 0so
seized has not claimed the dog and has not paid all expenses incurred by reason
of its detention, including maintenance, not to exceed five dollars ($5.)
for the first day and one dollar ($1.) per day for each additional day.
(3)
If the seized dog is unlicensed at the time of its seizure
and the person owning, keeping or harboring such dog has not produced a license
and registration tag as provided in this chapter.
No person shall own, keep or harbor a dog in the borough except in compliance
with the provisions of this chapter and the following regulations:
A.
Wearing of registration. All dogs which are required
by the provisions of this chapter to be licensed shall wear a collar or harness
with the registration tag for such dog securely fastened thereto.
B.
Use of registration tags. No person, except an officer
in the performance of his 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.
C.
Interference with official duties. No person shall hinder,
molest or interfere with anyone authorized or empowered to perform any duty
under this chapter.
D.
Disturbing the peace. No person shall own, keep, harbor
or maintain any dog which habitually barks or cries between the hours of 8:00
p.m. and 8:00 a.m.
E.
Running at large. No person owning, keeping or harboring
any dog shall permit it to run at large upon the public streets or in any
public park, public building or other public place within the borough.
F.
Leashing of dogs. No person owning, keeping or harboring
any dog shall permit it to be upon the public streets or in any of the public
places of the borough unless such dog is accompanied by a person over the
age of twelve (12) years and is securely confined and controlled by an adequate
leash not more than six (6) feet long.
G.
Property damage. No person owning, keeping or harboring
a dog shall permit it to do any injury or to do any damage to any lawn, shrubbery,
flowers, grounds or property.
Where it has been determined by a physician that a person has been bitten
by a dog, such individual, or his parent or guardian if he is a minor, shall
immediately notify the police. When the owner or keeper of any dog is notified
by the police that the dog has bitten any individual or individuals, the owner
or keeper of the dog must comply with the following procedures:
A.
Have the dog examined by a licensed veterinarian within
twelve (12) hours.
B.
Have the dog kept in quarantine in the owner's home or
at a kennel for a period of ten (10) days.
C.
At the end of ten (10) days, have the dog reexamined
by a veterinarian and a written report of the dog's state of health sent to
the Board of Health.
The Council may, by proclamation, require all dogs and cats to be quarantined
during such period in each year as may seem advisable to the Council.
The Council shall have the power to appoint a Poundmaster, whose duty
it shall be to enforce the provisions of this chapter. The Council shall also
have the power to appoint one (1) or more persons to be known as "dog catchers,"
who may impound unlicensed dogs running at large in violation of the provisions
of this chapter and who shall make a monthly and annual report to the Council.
