As used in this chapter, the following terms
shall have the meanings indicated:
A member of the species of domestic dog, Canis familiaris.
[Amended 10-25-2016 by Ord. No. 2406-2016]
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.
When applied to the proprietorship of a dog, shall include
every person having a right of property in such dog and every person
who has such dog in his/her keeping, or harbors the same.
Any place of business which is not part of a kennel, wherein
animals, including, but not limited to, dogs, cats, birds, fish, reptiles,
rabbits, hamsters or gerbils, are kept or displayed chiefly for the
purpose of sale to individuals for personal appreciation and companionship
rather than for business or research purposes.
[Amended 10-13-2015 by Ord. No. 2366-2015]
An establishment for the confinement of dogs seized either
under the provisions of this article or otherwise.
Any establishment where dogs are received, housed and/or
distributed.
Any dog which has bitten a person.
The following regulations are hereby established
for keeping dogs in the Borough of Fair Lawn, pursuant to the provisions
of N.J.S.A. 4:19-15.1 et seq.
A.
License required; placing tag on dog. Any person who
shall own, keep or harbor a dog of licensing age shall annually in
the month of January apply for and procure from the licensing officer
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.
B.
Fees; renewals; expiration date of license; exceptions.
[Amended 4-24-1990 by Ord. No. 1448-90; 5-14-1996 by Ord. No. 1630-96; 3-27-2001 by Ord. No. 1848-2001]
(1)
The person applying for the license shall pay fees
as follows:
(a)
For any sterilized dog over the age of six months, for which proof of sterilization must be presented at the time of application: the fee as provided in § 94-12B(1)(a).
(b)
For any nonsterilized dog over the age of six months: the fee as provided in § 94-12B(1)(b).
(c)
For three-year licenses covering a three-year period for any sterilized dog over the age of six months, for which proof of sterilization must be presented at the time of application, and for a three-year license for any nonsterilized dog over the age of six months: the fees as provided in § 94-12B(1)(a) and (b).
(2)
Except for three-year licenses, which shall be renewed
every three years, each license shall be renewed annually. Proof of
rabies immunization must be presented at the time of license or renewal
application. Said licenses and renewals thereof shall expire on the
31st day of January.
(3)
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" or 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.
(4)
A person registering a dog declared by the Municipal Court or Superior
Court to be potentially dangerous dog in accordance with state law
shall pay the sum of $700 per year as a license fee pursuant to N.J.S.A.
4:19-31.
[Added 6-18-2013 by Ord. No. 2280-2013]
C.
Late fee. Anyone failing to obtain annual renewal
of a license, registration tag on or before January 31 in each year
shall pay an additional amount as a late fee, as set from time to
time by resolution of the Borough Council.[1] This late fee is in addition to the penalty set forth in § 62-6.
[Added 5-23-1995 by Ord. No. 1599-95]
D.
License forms and metal tags; numbering and dating.
License forms and uniform official metal registration tags designed
by the State Department of Health shall be issued and shall be numbered
serially and shall bear the year of issuance and the name of the Borough
of Fair Lawn.
E.
Time for applying for first license for dog. The owner
of any newly acquired dog of licensing age, or of any dog which attains
the licensing age, as in said Act provided, shall make application
for license and registration tag for such dog within 10 days after
such acquisition or age attainment. The application shall contain
the information as in said Act required.
F.
Dogs licensed in another state and brought into this state. Any person who shall bring or cause to be brought into this state 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 state for a period of more than 90 days shall immediately apply for a license under Subsections A and B above.
G.
Unlicensed dogs brought into this state. Any person who shall bring or cause to be brought into this state any unlicensed dog and shall keep the same or permit the same to be kept within the state for a period of more than 10 days shall immediately apply for a license and registration tag for each such dog unless such dog be licensed under Subsections A and B above.
H.
Removing tag from dog without owner's consent; attaching
tag to another dog. No person, except an officer in the performance
of his/her 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.
I.
Forwarding information to State Department of Health.
The licensing officer shall forward to the State Department of Health
each month, on forms furnished by the State Department, the information
contained in the application.
J.
Order of issuance of registration numbers. Registration
numbers shall be issued in the order of the applications.
A.
License required. Any person who keeps or operates,
or proposes to establish a kennel, pet shop, shelter or a pound, shall
apply to the Health Department for a license entitling him/her to
keep or operate such establishment. Such 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 borough Health
Department and the borough veterinarian showing compliance with the
local and state rules and regulations governing the location of and
sanitation at such establishment.
B.
Expiration date; revocation. All licenses issued for
a kennel, pet shop or shelter shall state the purpose for which the
establishment is maintained, and all such licenses shall expire on
June 30 of each year and be subject to revocation by the municipality
on recommendation of the State Department of Health or the borough
Health Department or the borough veterinarian for failure to comply
with the rules and regulations of the State Department of Health or
the borough Health Department after the owner has been afforded a
hearing by either the State Department or Health Department.
C.
Permitting dog off premises of kennel, pet shop, shelter
or pound. 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 control.
D.
License fees for kennels and pet shops; no fee for
shelter.[1] The annual license fee for a kennel providing accommodations
for 10 or fewer dogs or cats shall be as set from time to time by
resolution of the Borough Council and for more 10 dogs or cats, as
set from time to time by resolution of the Borough Council. The annual
license fee for a pet shop shall be as set from time to time by resolution
of the Borough Council. No fee shall be charged for a shelter.
[Amended 5-23-1995 by Ord. No. 1599-95]
E.
Disposition of fees. License fees collected or received
under the provisions of this chapter, except registration tag fees,
shall be received and disposed of in the manner provided in said Act.
A.
Annual report. The Animal Control Officer 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 cause a report
of the result thereof to be filed with the Municipal Clerk, the Health
Department and the State Department of Health in the manner and form
required in this article.
B.
List of licensed animals to be at disposal of Animal
Control Officer. The Animal Control Officer of the borough shall have
at his/her disposal the complete list of animals licensed by the Municipal
Clerk.
C.
Noninterference with officers. No person shall hinder,
molest or interfere with anyone authorized or empowered to perform
any duty under this article.
A.
Reasons for impounding. The Animal Control Officer
of the borough or any member of his/her department shall take into
custody and impound for a reasonable period and thereafter make reasonable
efforts to place the animal in a no-kill shelter, destroy or offer
for adoption or dispose of any stray dog, unlicensed dog or female
dog in season as provided for in the State Act.
B.
The following regulations shall apply to dogs taken
into custody and the redemption thereof:
(1)
Any impounded animal may be redeemed from the dog
pound by the owner if such owner shall pay a fee as set from time
to time by resolution of the Borough Council. If the dog has been
taken into custody for the second time, the fee shall be as set from
time to time by resolution of the Borough Council.[1]
(2)
The redemption of any unlicensed animal is prohibited
until such time as the proper license be acquired.
(3)
No animal shall be released from the dog pound unless
the veterinarian of the borough has first certified it to be in a
condition that will not endanger the public health, safety and welfare.
(4)
Notwithstanding the provisions of any other section
or of any other ordinance, any licensed animal or animal for which
the owner is known that has been impounded for the required period
of seven days and not claimed by the owner thereof, or any stray or
unlicensed animal impounded for more than seven days and unclaimed
by the owner thereof, or any animal surrendered by the owner or person
having custody thereof, may thereafter be released to any representative
of a duly incorporated humane organization or to any other responsible
person for replacement or adoption upon payment of a fee as provided
in the Fee Schedule if, in the judgment of a state-certified Animal
Control Officer, such animal will thereby receive humane care and
treatment, and provided further that any animal released to a local
resident must be properly licensed as required by local ordinance
or state statute.
The Animal Control Officer of the borough shall
cause the provisions of this article to be enforced as herein provided.
[Amended 5-10-1988 by Ord. No. 1395-88; 5-23-1995 by Ord. No. 1599-95; 3-24-1998 by Ord. No. 1718-98]
The following schedule of fees is hereby established.
A.
The Animal Control Officer of the borough is hereby
empowered with the following duties and responsibilities.
B.
Record. The Animal Control Officer of the borough
shall keep a record of all animals taken into custody by him/her,
and the record shall include the following: species and complete description
of the animal, when and where the animal was taken into custody, who
reported the stray animal if such a report was made, where such report
was made, and final disposition of the animal.
C.
Complaints. The Animal Control Officer shall process
all complaints in reference to animals and shall keep a record of
all complaints, the parties involved, and the action taken. No action
shall be taken by the Animal Control Officer on any complaint unless
the name and address of the complaining party is included and made
a part of the complaint.
D.
Inspections. The Animal Control Officer shall establish
zones of inspection and shall rotate his/her hours of inspection of
these zones so that the entire borough is inspected at different time
intervals at least once every three to five days.
E.
Destruction of animals. The Animal Control Officer
shall not destroy any animal except as provided in this chapter, but
may destroy an animal upon receipt of the written consent of the proven
owner of the animal if the borough veterinarian so authorizes in writing.
F.
Hours pound to be open. The borough dog pound shall
be open to the public daily at hours recommended by the Animal Control
Officer and approved by the Mayor and Council.
The following regulations are hereby adopted
in connection with the owning, keeping or harboring of dogs in order
to protect the public health, safety and welfare.
A.
Vicious dogs; howling and barking. No person shall
keep or harbor any vicious dog or any dog which shall disturb the
neighborhood by excessive barking, whining or howling.
B.
Running at large prohibited. No person owning, keeping
or harboring any dog shall permit his/her dog to run at large but
shall keep such dog confined to the premises designated in the license
application or, when not confined there, shall be kept in strict control
on a leash in the hands of a responsible person.
C.
Restraint of dog on private property. No person being
the owner or in charge or control of any dog shall allow or permit
it to defecate upon or to otherwise soil, defile or commit any nuisance
upon any private property other than the property of the person unless
with the consent of the owner of private property, in which instance
a complaint is only fileable by the owner of the property.
D.
Feces; removal required. No person being the owner
or in charge or control of any dog shall allow or permit it to defecate
upon or otherwise soil, defile or commit any nuisance upon any public
property. When the dog shall have defecated in the portion of a public
street between the curb lines, it shall not be considered a violation
of this chapter if, and only if, the person owning or in charge.or
control shall immediately remove and dispose of all feces thus deposited
in a sanitary manner.
E.
Number of dogs limited. No more than three dogs of
licensing age shall be kept, maintained or harbored at one time in
any residential housing unit or on its grounds or in any business
establishment or on its grounds. This restriction shall not apply
to properly licensed pet shops, kennels, shelters and pounds.
The veterinarian of the borough is hereby empowered
with the following duties and responsibilities.
A.
Reporting dog bites. Every practicing physician in
the borough is hereby required to report any dog bite case treated
by such physician to the Health Department or to the Police Department
within the twenty-four-hour period immediately following the treatment
of such dog bite case and shall give the following information if
known: name and address of person bitten, exact location of the bite,
when it occurred, name and address of the owner or custodian of the
dog, and his/her own name and address. Any person having knowledge
of a dog bite incident shall also be required to report the same to
the Health Department or Police Department.
B.
Quarantine of dogs. Every veterinary surgeon or practitioner
who examines, treats or receives knowledge of any animal having glanders,
farcy, hydrophobia, rabies or any other like contagious or dangerous
disease shall, within 24 hours thereafter, present in writing to the
borough veterinarian or to the borough Animal Control Officer, the
following statement of facts relating thereto: Location and description
of the animal, name and address of the owner or custodian, the nature
and character of the disease, and all other particulars and information
as may be peculiar or pertinent to the case.
C.
Reporting diseases of animal origin. Every practicing
physician in the borough is hereby requested to report to the Health
Department or borough veterinarian any case of a disease of animal
origin within 24 hours of its diagnosis.
D.
Rabies quarantine. The borough veterinarian is hereby
authorized to order the suspected dog taken into custody, and he/she
shall inform the owner of the dog, if known, that the dog is being
taken into rabies quarantine for a ten-day period. At the end of the
ten-day period, the borough veterinarian shall do one of the following:
E.
Supervision of dog pound. The borough veterinarian
is hereby authorized to supervise the borough dog pound as to sanitation,
medical treatment of impounded animals and release of animals.
F.
Consultation with Health Officer and Sanitation Officer.
The borough veterinarian shall make himself available to Health Officer
and Sanitation Officer for the purposes of consultation concerning
problems relating to his/her office.
G.
Inspections of kennels and businesses. The local Health
Department shall inspect all existing kennels, pet shops and shelters
annually to approve relicensing and shall inspect any new kennel,
pet shop and shelter before it may be licensed. The local Health Department
shall annually inspect all places of business engaged in the exhibiting
or displaying of animals to the public whether or not an admission
be charged.
