As used in this article, the following terms
shall have the meanings indicated:
A dog off the premises of the person owning or keeping or
harboring it and not in a crate or other safe control, or not securely
fastened to a tether, leash, or chain of six feet or less held by
its owner or other person capable of controlling said dog.
Any male or female dog, bitch, or spayed bitch.
Any dog which has obtained the age of seven months or which
possesses a set of permanent teeth.
When applied to the proprietorship of a dog, shall include
every person having a right of property in such dog and every person
who harbors or has such dog in his keeping.
A.
No person shall own, keep or harbor any dog within
the Borough except in compliance with the provisions of this article,
and unless he first obtains a license and official metal registration
tag therefor issued by the Borough Clerk upon application by the owner
and payment of the prescribed fee.
B.
The license shall contain the name and address of
the owner of such dog, a short description of the dog, including the
breed, sex and markings, and also the number of such license, and
shall bear the signature of the Borough Clerk.
Any person who shall own, keep or harbor a dog
of licensing age in the Borough shall, in the month of January in
each year, apply for and procure from the Borough Clerk 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 4-24-1990 by Ord. No. 90-07]
A.
The person applying for the license and registration
tag shall pay to the Borough Clerk a fee of $16 for the licensing
of each dog and such additional fee for the registration tag as provided
for by state law. Each license and tag shall be renewed annually,
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 registration
tag. Said licenses, registration tags and renewals thereof shall expire
on the last day of January in each year.
[Amended 11-23-2004 by Ord. No. 04-19; 3-13-2007 by Ord. No.
07-07]
B.
There shall be an additional fee of $5 for the replacement
of any lost or otherwise missing registration tag.
[Amended 11-23-2004 by Ord. No. 04-19]
C.
There shall be an additional fee of $5 for any person
who shall fail to make application for and receive the license and
registration by the last day of January of each year.
[Amended 11-23-2004 by Ord. No. 04-19; 3-13-2007 by Ord. No.
07-07]
D.
Only one license and registration tag shall be required in any license year for any dog owned in New Jersey, and such license and tag issued by any other municipality shall be accepted by the Borough as evidence of compliance with this section and § 58-3.
E.
Dogs used for guides for blind persons and commonly
known as "Seeing Eye" dogs, dogs used to assist deaf persons and commonly
known as "hearing ear" dogs and dogs used to assist handicapped persons
and commonly known as "service" dogs shall be licensed and registered
as other dogs as herein provided for, except that the owner or keeper
of such dog shall not be required to pay any fee therefor.
[Amended 12-10-2002 by Ord. No. 02-28]
Application forms for license and uniform official
metal registration tags designed by the State Department of Health
shall be furnished by the Borough and shall be numbered serially and
shall bear the year of issuance and the name of the Borough.
[Amended 3-13-2007 by Ord. No. 07-07]
A.
The owner of any newly-acquired dog of licensing age
or any dog which attains licensing age shall apply for a license and
registration tag for such dog within 10 days after such acquisition
or age attainment.
B.
No license shall be granted for any dog unless the
dog owner provides evidence that the dog to be licensed and registered
has been inoculated against rabies with a vaccine having duration
of immunity which extends through at least 10 of the 12 months of
the licensing period, in accordance with the regulations of the New
Jersey Department of Health and Senior Services. Dogs with a duration
of immunity against rabies that expires prior to the 10th month of
the licensing period shall be revaccinated prior to the issuance of
a license.
A.
The application shall state the breed, sex, age, color
and markings of the dog for which license and registration are sought,
and whether it is of a long-haired or short-hared variety; the name,
street and post office address of the owner and the person who shall
keep or harbor such dog.
B.
The information on said application and the registration
number issued for the dog shall be preserved for a period of three
years by the Borough Clerk. In addition, he shall forward to the State
Department of Health each month, on forms furnished by the said Department,
an accurate account of registration numbers issued or otherwise disposed
of. Registration numbers shall be issued in the order of the applications.
A.
Any person who shall bring or cause to be brought into the Borough any dog licensed in another state for the current licensing year, and bearing a registration tag, and shall keep the same or permit the same to be kept within the Borough for a period of more then 90 days shall immediately apply for a license and registration tag for such dog, unless such dog be licensed under § 58-2.
B.
Any person who shall bring or cause to be brought into the Borough any unlicensed dog and shall keep the same or permit the same to be kept within the Borough 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 § 58-2.
No person, except an officer or agent 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.
License fees, registration tag fees and other
money collected and received pursuant to this article shall be turned
over and disposed of in accordance with and as provided by law.
No person owning, keeping, harboring, or in
control of any dog shall permit said dog to run at large at any time
within the limits of the Borough.
[Amended 3-13-2007 by Ord. No. 07-07]
It shall be unlawful and a violation of the article for any person who owns, possesses or controls a dog to permit, suffer or allow such animal to soil, defile or defecate on, or commit any nuisance on any common thoroughfare, sidewalk, passageway, bypath, play area, park or any place where people congregate or walk, or upon any public property whatsoever, or upon any private property without the permission of the owner or lawful occupant thereof. This restriction shall not apply to that portion of the street lying between the curblines, which shall be used to curb such animal, provided that said person who curbs such dog shall remove all feces deposited by such animal and dispose of same as provided in Article III of this chapter.
The provisions of this article shall be enforced
by any private citizen signing a formal complaint against such offender
or by any member of the Board of Health, Garwood Police Department
or such other person who may be employed by the Mayor and Council
of the Borough of Garwood to exercise the duty and authority of dog
catcher, dog warden or pound-master.
The Mayor and Council shall have the power to
enter into a contract with one or more persons for the exercise of
the duty and authority of dog catcher, dog warden or pound-master
to enforce the provisions of this article, including the taking into
custody, impounding, destruction and disposal of dogs as hereinafter
provided. Nothing contained in this section, however, shall be construed
as limiting the duty or authority of the Chief of Police or any member
of the Police Department to enforce the provisions of this article.
[Amended 9-10-1991 by Ord. No. 91-21; 5-25-1999 by Ord. No. 99-10]
The Chief of Police of the Borough of Garwood
shall biannually cause a canvass to be made of all dogs owned, kept
or harbored within the limits of the Borough of Garwood as prescribed
by N.J.S.A. 4:19-15.15, as amended. The Chief of Police shall report
biannually to the Borough Clerk, to the local Board of Health, and
to the State Department of Health the result thereof, as prescribed
by N.J.S.A. 4:19-15.15, as amended. In causing such canvass of dogs
to be conducted, the Chief of Police may employ for such purpose regular
members of the Police Department, duly appointed special law enforcement
officers, and/or duly appointed school crossing guards.
Members of the police, acting under the direction
of the Chief of Police or such person appointed to enforce the provisions
of this article, shall take into custody or impound the following:
A.
Any dog running at large within the limits of the
Borough.
B.
Any dog not licensed or tagged as provided in this
article.
C.
Any dog off the premises of the owner or of the person
keeping or harboring the dog, which dog said official or his agent
or agents have reason to believe is a stray dog.
D.
Any dog with a fierce, dangerous or vicious propensity
or noticeably infected with rabies or bitten by a dog suspected of
having rabies.
E.
Any female dog in season off the premises of the owner
or of the person keeping or harboring said dog.
F.
Any dog seized under this section shall be handled
and disposed of with proper notice given, as required by N.J.S.A.
4:19-15.16.
Any officer or agent authorized or empowered
to perform any duty under this article is authorized to go upon any
premises to seize for impounding any dog or dogs which he may lawfully
seize and impound when such officer or agent 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 employed to perform any duty under this
article.
The provisions of this article and the penalties
for the violation of the provisions thereof shall be construed to
be in addition to the provisions and penalties of any and all statutes
of New Jersey relating to rabies and control of dogs.
