As used in this chapter, the following terms shall have the meanings indicated:
DOG
Any dog, bitch or spayed bitch.
DOG OF LICENSING AGE
Any dog which has attained the age of seven months or which possesses a set of permanent teeth.
KENNEL, PET SHOP, SHELTER, or POUND
Any business, shop, establishment, property, or place that keeps or maintains three or more dogs, more than five cats, psittacine birds, or any other animals that are permitted by ordinance to be kept as pets (see Dover Code at § 395-9).
[Amended 3-22-2005 by Ord. No. 7-2005[2]]
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 a dog in his keeping.
PSITTACINE BIRDS
Birds commonly known as parrots, Amazons, Mexican double heads, African grays, cockatoos, macaws, parakeets, love birds, lories, lorikeets, and other birds of the psittacine family.
[Added 3-22-2005 by Ord. No. 7-2005]
SHELTER
Any establishment where dogs are received, housed and distributed without charge.
[1]
Editor's Note: Original Chapter A, which preceded this section, regarding birds, was deleted at time of adoption of Code; see Chapter 1, General Provisions, Art. I.
[2]
Editor's Note: This ordinance also repealed the original definitions of "pet shop" and "pound" as they appeared in this section.
Any person who shall own, keep or harbor a dog of licensing age in the Town of Dover shall, in the month of January of each year, apply for and procure from the Clerk of the Town of Dover a license and official metal registration tag for each dog so owned, kept or harbored and shall place upon each dog a collar or harness with the registration tag securely fastened thereto.
[Added 3-22-2005 by Ord. No. 7-2005]
A. 
Except for veterinarian hospitals, kennels, pet shops, shelters, pounds, or other commercial uses operating under a valid certificate of compliance under the various provisions of the Dover Code, it shall be unlawful for any person or business entity to keep, maintain, harbor, exhibit or display more than three dogs at any time over the age of four months.
B. 
The maximum allowable number of dogs for any multifamily living unit shall be three for each such dwelling unit. Puppies under the age of four months are excepted from regulation by this article.
C. 
The restrictions in this section do not apply to persons who as of April 15, 2005, maintain more than three dogs, provided that all such dogs are duly licensed under ordinance § 113-2. Provided further that this exemption does not permit such persons to add to or replace these dogs in excess of three.
[Amended 2-13-1979 by Ord. No. 3-1979; 9-22-1981 by Ord. No. 41-1981; 8-9-1983 by Ord. No. 15-1983; 10-11-1983 by Ord. No. 25-1983; 11-26-1991 by Ord. No. 35-1991; 12-12-2006 by Ord. No. 30-2006; 12-15-2008 by Ord. No. 35-2008]
A. 
Each person applying for the license and registration tag for a dog shall pay a fee of $14.80 for the license and the sum of $1.20 for the registration tag of each altered male or female dog and a fee of $17.80, which includes a surcharge of $3, for which proof of spay/neutered cannot be provided for the license and the sum of $1.20 for the registration tag, and for each annual renewal, the fee for the license and for the registration tag shall be the same as for the original license and tag. Said licenses, registration tags and renewals thereof shall expire on January 31 in each year. In connection with the issuance of a renewal license, a penalty charge of $10 shall be charged for the first thirty-day period after January 31 of each year that said renewal license is not obtained, and $1 for each first thirty-day period after March. The fee for a replacement license and registration tag shall be $2.
B. 
Dogs used as guides for blind persons and commonly known as "Seeing Eye" 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.
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.
The application shall state the breed, sex (and if a female whether it is spayed or unspayed), 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 Town of Dover. In addition, the Clerk 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 application.
A. 
Any person who shall bring or cause to be brought into the Town of Dover any dog licensed in another state for the current year and bearing a registration tag and shall keep the same or permit the same to be kept within the Town of Dover 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 § 113-8 of this chapter.
B. 
Any person who shall bring or cause to be brought into the Town of Dover any unlicensed dog and shall keep the same or permit the same to be kept within the Town of Dover 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 § 113-8 of this chapter.
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 is not issued.
A. 
Any person who keeps or operates or proposes to establish a kennel, a pet shop, a shelter or a pound in the Town of Dover shall apply to the Clerk of the Town of Dover for a license entitling 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, the purpose or purposes for which it is to be maintained and shall be accompanied by the written approval of the Board of Health of the Town of Dover showing compliance with the local and state rules and regulations governing location of and sanitation at such establishments.
C. 
All licenses issued for kennels, pet shops, shelters or pounds shall state the purpose for which the establishment is maintained, and all such licenses shall expire on the last day of January of each year and be subject to revocation by the Town of Dover on recommendations of the State Department of Health or the Board of Health of the Town of Dover for failure to comply with the rules and regulations of the State Department or Board of Health of the Town of Dover governing the same after the owner has been afforded a hearing by either the State Department or Board of Health of the Town of Dover.
D. 
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.
[Amended 11-26-1991 by Ord. No. 40-1991; 12-15-2008 by Ord. No. 35-2008]
The annual license fee for a kennel providing accommodations for 10 or fewer dogs shall be $50, and for more than 10 dogs, the annual license fee shall be $70. The annual license fee for a pet shop shall be $50. No fee shall be charged for a shelter or pound.
A. 
License fees and other moneys collected or received under the provisions of §§ 113-3, 113-8, 113-9 and 113-15 of this chapter, except registration tag fees, shall be forwarded to the Treasurer of the Town of Dover within 30 days after collection or receipt and shall be placed in a special account separate from any of the other accounts of the Town of Dover and shall be used for the following purposes only: for collecting, keeping and disposing of dogs liable to seizure under this chapter; for local prevention and control of rabies; for providing antirabies treatment under the direction of the Board of Health of the Town of Dover for any person known or suspected to have been exposed to rabies; for payment or damage to or losses of poultry and domestic animals, except dogs or cats, caused by a dog or dogs; and for administering the provisions of this chapter. Any unexpended balance remaining in such special account shall be retained therein until the end of the 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 Town of Dover any amount then in such account which is in excess of the total amount paid into said special account during the two fiscal years next preceding.
B. 
The registration tag fee of $0.50 for each dog shall be forwarded within 30 days after collection by the Clerk of the Town of Dover to the State Department of Health.
The Clerk of the Town of Dover shall forward to the State Department of Health a list of all kennels, pet shops, shelters and pounds licensed 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 Board of Health of the Town of Dover shall enforce the rules and regulations of the State Department of Health governing the sanitary conduct and operation of 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.
The Chief of Police of the Town of Dover and the members of the Police Department of the Town of Dover shall annually cause a canvass to be made of all dogs owned, kept or harbored within the limits of the Town of Dover and shall report, on or before May 1 of each year, to the Clerk of the Town of Dover and to the Board of Health of the Town of Dover and to the State Department of Health the results thereof, setting forth in separate columns the names and addresses of persons owning, keeping or harboring unlicensed dogs and the number of unlicensed dogs owned, kept or harbored by each said persons, together with a complete description of each of said unlicensed dogs.
[Amended 4-22-1974; 5-28-1996 by Ord. No. 19-1996]
A. 
The Animal Control Officer of the Town of Dover or duly appointed contractor or, if no such Animal Control Officer or duly appointed contractor has been directly appointed, or is incapacitated, then the Chief of Police of the Town of Dover and the members of the Department shall take into custody and impound or cause to be taken into custody and impounded and thereafter destroyed or disposed of 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 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 thereto the name and address of any person or a registration tag or the owner or the person keeping or harboring said dog is known, the aforesaid Animal Control Officer of the Town of Dover or duly appointed contractor or, if no such Animal Control Officer or duly appointed contractor has been directly appointed, or is incapacitated, then the Chief of Police of the Town of Dover and the members of the Department shall forthwith serve on the person whose address is given on the collar, or 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 the service of 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, and if the owner or person keeping or harboring said dog has not claimed said dog and paid a redemption fee of $5 to cover expenses incurred by reason of its detention, including maintenance not exceeding $1 per day, and 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 aforesaid Animal Control Officer of the Town of Dover or duly appointed contractor or, if no such Animal Control Officer or contractor has been directly appointed, or is incapacitated, then the Chief of Police of the Town of Dover and the members of the Department shall either place the dog with a responsible new owner or give it to a humane organization for placement in a new home or may cause the dog to be destroyed in a manner causing as little pain as possible. Under no circumstances shall such dog be released to a laboratory or dog dealer.
[Amended 5-11-2010 by Ord. No. 4-2010; 4-9-2002 by Ord. No. 11-2002; 4-9-2002 by Ord. No. 11-2002]
Any person who violates or who fails or refuses to comply with §§ 113-2, 113-4, 113-6, 113-7, 113-8, 113-10 or 113-16 of this chapter or the rules and regulations promulgated by the State Department of Health and Senior Services shall be subject to a penalty of not more than $25 for the first offense; $50 for the second offense; and for a third or subsequent offense, a penalty of $100. A third or subsequent offense will require a mandatory court appearance.
Any penalty recovered in an action brought under the provisions of this article shall be paid to the plaintiff therein. When the plaintiff is the Board of Health of the Town of Dover, the penalty shall be paid by the Board into the treasury of the Town of Dover.
The Dover Municipal Court shall have jurisdiction to hear and determine in a summary manner proceedings for violations of any of the provisions of this Article. Penalties for such violations shall be enforced and recovered pursuant to the Penalty Enforcement Law (N.J.S.A. 2A:58-1 et seq.) at the suit of the Board of Health of the Town of Dover. Process shall be either in the nature of a summons or warrant.
The court shall cause a defendant who refuses or neglects to pay forthwith the amount of a judgment rendered against him and the costs and charges incident thereto to be committed to the county jail for a period not exceeding 10 days in the case of a first conviction and, in the case of a conviction for a second, subsequent or continuing violation, for a period not exceeding 30 days.
No provision of this Article shall be construed to apply to any establishment wherein or whereon dogs are received or kept for diagnostic, medical, surgical or other treatments, owned by and operated under the immediate supervision of a graduate veterinarian licensed in the State of New Jersey.