[Adopted 8-16-1971 by Ord. No. 662 as
Ch. 52 of the 1971 Code]
The words hereinafter defined shall have the
meanings herein indicated for the purposes of this article, as follows:
The Borough of Collingswood in the County of Camden.
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 and veterinarian's office. No kennel shall be permitted in
said Borough.
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.
An individual, firm, partnership, corporation or association
of persons.
Any room or group of rooms, cage or exhibition pen not part
of a kennel, wherein dogs for sale are kept or displayed.
Any domesticated animal, carnivorous or otherwise, to effectuate
this article.
Any doctor of veterinary medicine who has, at his office
or hospital, space for the temporary keeping of dogs.[1]
[1]
Editor's Note: The definition of "vicious
dog," which originally followed this definition, was repealed 8-15-1994
by Ord. No. 1058.
No person shall keep, harbor or possess any
dog within the Borough of Collingswood without first obtaining a license
therefor, to be issued by the Clerk of the Borough, upon application
by the owner and payment of the prescribed fee. No person shall keep,
harbor or possess any dog in said Borough except in compliance with
the provisions of this Article.
Any person who shall own, keep or harbor a dog
of licensing age shall, in the month of January 1971 and annually
thereafter, apply for and procure from the Clerk of the Borough 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 1-3-1983 by Ord. No. 801; 12-15-1986 by Ord. No.
882; 8-15-1994 by Ord. No. 1058]
A.
The person applying for the license shall pay a fee
of $17 for each neutered/spayed dog or $20 for each unneutered/unspayed
dog. Included in this fee is a state registration fee of $1; a state
pilot clinic fee of $0.20; and for dogs that have not been spayed
or neutered, a state surcharge fee of $3. All licenses expire on December
31 of the current year and are renewable the following year.
[Amended 4-2-2007 by Ord. No. 1428; 12-27-2011 by Ord. No.
1504]
B.
Dogs used as guides for blind persons and commonly
known as "Seeing Eye" dogs, dogs used to assist handicapped persons
and commonly known as "service" dogs and dogs used to assist deaf
persons and commonly known as "hearing ear" dogs shall be licensed
and registered as other dogs hereinabove provided for, except that
the owner or keeper of such dog shall not be required to pay any fee
therefor.
C.
Any person who violates this section by not securing
the required dog license and/or renewing an expired license prior
to March 31 of each year shall be subject to a late fee of $10. Said
fee shall be charged per household.
[Added 1-5-1998 by Ord. No. 1141]
The owner of any newly acquired dog of licensing
age or of any dog which attains licensing age shall make application
for a license and registration tag for such dog within 10 days after
such acquisition or age attainment.
The application shall state the breed, sex,
age, color and markings of the dog 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. The information on said application
and the registration number issued for the dog shall be preserved
for a period of three years by the Clerk of the Borough. In addition,
he shall forward similar information to the State Department of Health
each month on forms furnished by said Department. Registration numbers
shall be issued in the order of the applications.
Any person who shall bring or cause to be brought into the Borough of Collingswood any dog licensed in another state for the current year and bearing a registration tag and who 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 unless such dog is licensed under § 105-9 of this article.
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.
A.
Any person who keeps or operates or proposes to establish
a pet shop or a veterinary hospital shall apply to the Clerk of the
Borough for a license to entitle him 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 for which it is to be maintained and shall be accompanied
by the written approval of the adjoining property owners within 200
feet of a proposed establishment.
C.
The Board of Commissioners shall approve the application
and authorize the issuance of a license after it has found and determined
that the applicant has provided adequate evidence that the use is
not nor shall constitute a nuisance with respect to noise, drainage,
lights, smoke, litter, odors or traffic nor be detrimental to the
public interest, and the license shall be accompanied by written approval
showing compliance with the local and state ordinances, laws and regulations
governing the location of and sanitation at such establishments.
D.
All licenses issued for a pet shop or veterinary hospital
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 be subject to revocation by the Board of Commissioners on
the recommendations of the State Department of Health or the Board
of Commissioners after the owner has been afforded a hearing by either
the State Department of Health or the Board of Commissioners.
[Amended 8-15-1994 by Ord. No. 1058]
E.
Any person holding such license shall not be required
to secure individual licenses for dogs owned by such licensee and
kept at such establishments; such licenses shall not be transferable
to another owner or different premises.
The annual license fee for a pet shop shall
be $10. No fee shall be charged for a veterinary hospital.
No dog kept in a pet shop or veterinary hospital
shall be permitted off such premises, except on a leash or in a crate
or under other safe control.
A.
License fees and other moneys collected or received
under the provision of this Article, except registration tag fees,
shall be forwarded to the Treasurer of the Borough after collection
or receipt and shall be placed in a special account separate from
any of the other accounts of the Borough and which shall be used for
the following purposes only:
(1)
For collecting, keeping and disposing of dogs liable
to seizure under this Article.
(2)
For local prevention and control of rabies.
(3)
For providing antirabic treatment under the direction
of the Board of Commissioners for any person known or suspected to
have been exposed to rabies.
(4)
For all other purposes prescribed by the statutes
of New Jersey governing the subject and for administering the provisions
of this Article.
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 said 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 said special
account during the last two fiscal years next preceding.
C.
The registration fee required for each dog shall be
forwarded within 30 days after the collection by the Clerk to the
State Department of Health.
The Clerk of the Borough shall forward to the
State Department of Health a list of all licensed pet shops and veterinary
hospitals within 30 days after the licenses therefor are issued, which
list shall include the name and address of the licensee and the kind
of license issued.
The police of the Borough shall promptly, after
February 1, 1971, and annually thereafter, 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 of the Borough, the Board of Commissioners
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 by each of said persons, 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.
The Board of Commissioners shall have the power
to appoint an Animal Control Officer or to contract for animal control.
Duties shall be to enforce the provisions of this Article and any
other laws or regulations, including impounding all dogs running at
large in violation of the provisions of this Article, and to perform
such other acts as are allowed by law.
A.
The Animal Control Officer of the Borough shall take
into custody and impound or cause to be taken into custody and impounded
and thereafter offered for adoption or destroyed as provided in this
section:
(1)
Any dog off the premises of the owner or of the person
keeping or harboring said dog which said official or his agent or
agents have reason to believe is 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
his 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 if the owner or the person keeping
or harboring said dog is known, the Animal Control Officer 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 offered for adoption 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.
Every dog so seized and impounded shall be kept, fed
and kindly treated by the Animal Control Officer for the above period
of seven days and may be redeemed by the owner by the payment of the
license fee and maintenance fee which shall be $2 for the first day
and $2 for each additional day that said dog is impounded. All moneys
collected by the Animal Control Officer, excepting the license fee,
shall be kept for his own use but reported to the Borough Treasurer.
Licensing fees shall be paid by the Animal Control Officer to the
Borough Treasurer on or before the first day of each month following
receipt thereof by the Animal Control Officer.
E.
Every dog impounded as aforesaid and not redeemed
as aforesaid within said period of seven days may be killed by such
Animal Control Officer, but only in a humane manner causing as little
pain as possible.
F.
If any resident of the Borough shall deliver to the
Animal Control Officer any dog owned by said resident and request
the Animal Control Officer to kill such dog and at the same time pay
such Animal Control Officer the sum of $5, such Animal Control Officer
shall thereupon receive such dog and kill the same in the manner above
prescribed for the killing of impounded and unredeemed dogs. No impounded
dog shall be redeemed or released until after the same shall have
been duly licensed and tagged as required by this Article.
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 and impound when such officer is in immediate pursuit
of such dog or dogs, except upon the premises of the owner of the
dog if said 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, and any person who shall in any way hinder or interfere with
the Animal Control Officer, police officers or officials or any other
such officers in the performance of their duty under the provisions
of this Article or who shall refuse to give information to any person
authorized under this Article shall be deemed to have violated the
provisions of this Article.[2]
All fines under this Article shall be made payable
to the Dog Account of the Borough of Collingswood, and all costs recovered
under this Article shall be paid to the Borough Treasurer of the Borough
of Collingswood.
Any dog or other warm-blooded animal showing
signs and/or symptoms and/or appearing to be mad or rabid and threatening
human beings or other animals shall be killed immediately by any policeman,
special officer or Animal Control Officer in a manner not to mutilate
the head portion of said dog or animal, and the head shall be delivered
promptly to the New Jersey State Department of Health laboratories
for analysis to determine whether said dog or animal was infected
with communicable rabies.
Any person owning, keeping or harboring any
dog, whether the dog is licensed or unlicensed, who shall suffer or
permit said dog to run at large in or about the streets, highways
or public places of the Borough or to run at large upon the lands
and premises of any person other than the owner or persons in possession
of said dog without permission of said landowner first obtained, in
writing, shall be guilty of a violation of this Article.
No person owning, keeping or harboring any dog
shall suffer or permit the same to be upon the public streets or in
any public places of the Borough unless such dog is accompanied by
a person over the age of 12 years and of such mental and physical
capacity that he or she is able to control said dog by leash, provided,
always in any case, that there shall be control of such dog by an
adequate leash with not more than six feet thereof extended between
the person in control of such dog and the dog itself.
[Amended 4-19-1982 by Ord. No. 790]
A.
Injury to persons. No person owning, keeping or harboring
a dog shall permit or suffer it to do any injury to persons.
B.
Injury to property. It shall be unlawful for any person
owning or possessing a dog to permit such dog to go upon any sidewalk,
parkway or private lands or premises without the permission of the
owner of such premises and break, bruise, tear up, crush or injure
any lawn, flower bed, plant, shrub, tree or garden in any manner whatsoever
or to defecate thereon.
C.
Waste products accumulations. It shall be unlawful
for any person to cause or permit a dog or cat to be on property,
public or private, not owned or possessed by such person unless such
person has in his immediate possession an appropriate device for scooping
excrement and an appropriate depository for the transmission of excrement
to a receptacle located upon the property owned or possessed by such
person. This subsection shall not apply to a person who is visually
or physically handicapped.
[Amended 6-16-1975 by Ord. No. 701]
No person who owns, keeps, harbors or possesses
any dog or dogs shall suffer, permit or allow such dog or dogs to
bark and/or howl for such period or periods of time that it or they
reasonably become an annoyance or nuisance to persons living or being
within the vicinity or neighbors thereof.
Any dog, cat or other animal which has attacked
or bitten a person shall be confined, at the expense of the owner
or person in charge of it, upon the premises of the owner or person
in charge or at some other place designated in the notice issued by
the quarantining officer who shall be appointed Animal Control Officer
or the enforcing official of the Board of Commissioners. The quarantine
period shall be for at least 10 days after the animal has attacked
or bitten a person. The rules and regulations of the Board of Health
governing quarantine procedures shall be followed.
For the better enforcement of this Article,
the Chief of Police of the Borough and every member of the Department
shall share with the Animal Control Officer all the responsibilities
of enforcement, and it shall be the duty of said Police Chief and
all officers under his command to see that the provisions of this
Article are strictly enforced. The Animal Control Officer may, at
any time, call upon the Chief of Police or any officer under his command
for aid and assistance wherever such aid is more conducive toward
the effectuating of this Article; and it shall be the duty of the
Police Department and all members thereof to respond promptly to the
call of any citizen who reports any violation hereof.
The Judge of the Municipal Court of the Borough
or any person duly designated to sit in his stead is empowered by
this Article, upon the filing of a complaint, in writing, by any person
authorized by the Board of Commissioners, when the plaintiff is the
Chief of Police or any member of the Police Department, the Director
of Public Safety of the Borough or the duly designated Animal Control
Officer or when the plaintiff is the municipality, alleging that a
violation of this Article has occurred, which complaint may be made
upon information and belief, to issue process at the suit of the Borough,
as the case may be, as plaintiff. The process shall be either in the
nature of 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 warrant, shall be returnable
forthwith and, when in the nature of a summons, shall be returnable
in not less than five days. The process shall state what provision
of this Article or of any statute pertaining to the subject matter
hereof has been violated by the defendant or defendants. The court
having jurisdiction may, at all times, amend all defects and errors
in the complaint and process issued hereunder.
Except as provided by N.J.S.A. 4:19-1 et seq.,
any person found guilty of violating or of an offense against any
of the provisions of this Article or of the rules and regulations
of the State Department of Health relating to dogs and other domestic
animals or any law or statute relating to the subject matter hereof
shall, upon conviction thereof before any judicial officer authorized
to hear and determine the matter, forfeit and pay such fine not exceeding
the sum of $1,000 as shall be imposed by such judicial officer in
his discretion and/or, if the person so convicted is a natural person,
be imprisoned for such term not exceeding 90 days or serve a period
of community service for not more than 90 days as such judicial officer
in his discretion shall determine; provided, however, that the judicial
officer may impose the fine, imprisonment and/or community service
requirement within the limits established hereunder as in his discretion
may seem just and right.
