[Amended 9-12-1983 by Ord. No. 1004; 8-24-2005 by Ord. No.
1507]
For the purpose of this article, the following
terms, phrases, words and their derivations shall have the meanings
stated herein unless their use in the text of this chapter clearly
demonstrates a different meaning. When not inconsistent with the context,
words used in the present tense include the future, words used in
the plural number include the singular number, and words used in the
singular number include the plural number. The word "shall" is always
mandatory and not merely directory.
Any dog, bitch or spayed bitch.
Any dog which has attained the age of seven months or which
possesses a set of permanent teeth.
Any dog which is deemed to be of licensing age.
Shall mean that the pet solid waste is removed at once, without
delay.
Any person exercising control over a dog or permitting a
dog to remain on premises under his or her 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.
Any person who shall possess, maintain, house or harbor any
pet or otherwise have custody of any pet, whether or not the owner
of such pet.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
A domesticated animal (other than a disability assistance
animal) kept for amusement or companionship.
Any room or group of rooms, cage or exhibition pen not part
of a kennel wherein dogs for sale are kept or displayed.
Waste matter expelled from the bowels of the pet; excrement.
Placement in a designated waste receptacle, or other suitable
container, and discarded in a refuse container which is legally emptied
by the municipality or some other refuse collector; or disposal into
a system designed to convey domestic sewage for proper treatment and
disposal.
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 distributed
without charge.
Any dog which has bitten a person.
A.
License; when required. Licenses shall be required
for the following dogs of licensing age:
(1)
Any dog owned or kept within the Borough by a resident
of the Borough on the first day of January of any calendar year.
(2)
Any dog acquired by any person during the course of
any calendar year and kept within the Borough for more than 10 days
after acquisition.
(3)
Any dog attaining licensing age during the course
of the calendar year.
(4)
Any unlicensed dog brought into the Borough by any
person and kept within the Borough for more than 10 days.
(5)
Any dog licensed by another state, brought into the
Borough by any person and kept within the Borough for more than 90
days.
B.
C.
Application for license; when made. Applications for licenses for dogs which are required to be licensed by the provisions of Subsection A(1) of this section shall be made between December 20 and February 1 of each calendar year. In all other cases, the application for a license shall be made within 10 days of the day upon which the dog in question first becomes subject to the provisions of this section.
D.
License record. The information on all applications
under this article and the registration number issued to each licensed
dog shall be preserved for a period of three years by the Borough
Clerk. In addition, he or she shall forward similar information to
the State Department of Health each month on forms furnished by the
Department.
E.
Fees.
[Amended 7-28-1975 by Ord. No. 822; 11-26-1979 by Ord. No.
915; 8-9-1982 by Ord. No. 974; 9-12-1983 by Ord. No. 1004; 12-30-1996 by Ord. No. 1283; 9-28-1997 by Ord. No. 1291]
(1)
The person applying for a license shall pay a fee as provided in Chapter 101, Fees, for each nonneutered or nonspayed dog and as provided in Chapter 101, Fees, for each neutered or spayed dog. Persons who fail to obtain a license as required within the time period specified in this section will be subject to a delinquent fee as provided in Chapter 101, Fees.
F.
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.
G.
Exceptions. The provisions of this section shall not apply to any dog licensed under § 74-3 of this article. 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 in the same manner as other dogs, except that the owner or keeper shall not be required to pay any fee. Owners presenting a statement signed by a veterinarian or a notarized statement signed personally certifying that their dog has been sterilized are exempt from the payment of the three-dollar fee assessed for the State of New Jersey Animal Population Control Fund.
[Amended 9-12-1983 by Ord. No. 1004; 9-28-1997 by Ord. No.
1291]
H.
Violations
and penalties. Except as otherwise provided in this article, any person
who violates or who fails or refuses to comply with this article shall,
upon conviction thereof, be liable to a penalty of not less than $30
nor more than $1,000 or to a period of imprisonment not exceeding
90 days or to a period of community service not to exceed 90 days,
or any combination thereof, for each violation, to be recovered by
and in the name of the Board of Health or by and in the name of the
municipality. Each day that a particular violation continues shall
constitute a separate offense. A license must be obtained in consecutive
years or be subject to above penalty. No license will be issued if
there are previous years outstanding until penalties are met.
[Added 12-8-2021 by Ord. No. 1861]
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 or her to keep
or operate such establishment. 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.
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 is proposed to be located, together with a general description
of the premises.
(3)
The purposes for which it is to be maintained.
(4)
The maximum number of dogs to be accommodated by such
establishment at any one 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
of and sanitation at 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 the last day
of June of each year.
E.
License fees. The annual license fees for kennel, shelter, pound and pet shop licenses shall be as provided in Chapter 101, Fees.
[Amended 9-28-1997 by Ord. No. 1291]
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 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 a leash or in a crate or other safe control.
[Amended 8-9-1982 by Ord. No. 974; 9-12-1983 by Ord. No.
1004]
A.
License fees and other moneys collected or received
under the provisions of this article, except the registration tag
fee, the Pilot Spay and Neutering Clinic Fund fee and the Animal Population
Control Fund fee, shall be forwarded to the Borough Treasurer within
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: collecting, keeping
and disposing of dogs liable to seizure under this article; local
prevention and control of rabies; providing antirabies treatment under
the direction of the Local Board of Health for any person known or
suspected to have been exposed to rabies; and all other purposes described
by the statutes of New Jersey governing this subject for administering
the provisions of this article. 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 fiscal years next
preceding.
B.
The registration tag fee, together with the Pilot
Spay and Neutering Clinic Fund fee and the Animal Population Control
Fund fee, where applicable, for each dog, shall be forwarded within
30 days after collection by the Clerk to the State Department of Health.
[Amended 9-28-1997 by Ord. No. 1291]
The Chief of Police and 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
report to the Clerk, the Board of Health 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 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.
[Amended 9-28-1997 by Ord. No. 1291]
Vicious dogs shall be regulated as provided
in N.J.S.A. 4:19-17 et seq.
A.
Causes for impounding. The Animal Control Officer
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 article.
(2)
Any dog off the premises of the owner of or the person
keeping or harboring such dog which the Animal Control Officer or
his or her 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 N.J.S.A. 4:19-17 et seq.
[Amended 9-28-1997 by Ord. No. 1291]
B.
Access to premises. 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 which he or
she may lawfully seize and impound when such officer is in immediate
pursuit of such dog, except upon the premises of the owner of the
dog if the owner is present and forbids the same.
C.
Notice of seizure. 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 Animal
Control Officer 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 offered for adoption or destroyed if not
claimed within seven days after service of the notice. 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 or her usual or last known place of abode or to the
address given on the collar.
[Amended 9-28-1997 by Ord. No. 1291]
D.
Disposition of unclaimed dogs. The Animal Control
Officer is authorized and empowered to offer for adoption or cause
the destruction of any unclaimed dog, in as humane a manner as possible,
under any of the following contingencies:
[Amended 9-28-1997 by Ord. No. 1291]
(1)
When any dog so seized has not been claimed by the
person owning, keeping or harboring such dog within seven days after
notice or within seven 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 so seized has not claimed the dog and has not paid all expenses incurred by reason of its detention, including maintenance, not to exceed the amount provided in Chapter 101, Fees.
(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 article.
No person shall own, keep or harbor a dog in
the Borough except in compliance with the provisions of this article
and the following regulations:
A.
Wearing of registration. All dogs which are required
by the provisions of this article 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 or 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.
C.
Interference with official duties. No person shall
hinder, molest or interfere with anyone authorized or empowered to
perform any duty under this article.
D.
Disturbing the peace. No person shall own, keep, harbor
or maintain any dog which shall disturb the neighborhood by excessive
barking, howling or whining.
E.
Running at large. No person owning, keeping or harboring any dog shall permit it to run at large but shall keep the dog confined to the premises designated in the application unless on a leash as prescribed by Subsection F.
F.
Leashing of dogs. No person owning or having the control,
custody or possession of a dog shall permit or suffer such dog to
run at large or to go or be upon the public streets, sidewalks or
other public places within the Borough unless the dog is on a leash
with an overall length, including a handgrip, not exceeding six feet
and is in the custody of some person or persons capable of controlling
such dog.
[Added 5-22-1978 by Ord. No. 878]
G.
Additional regulations.
[Added 5-22-1978 by Ord. No. 878]
(1)
All pet owners and keepers are required to immediately
and properly dispose of their pet's solid waste deposited on any property,
public or private, not owned or possessed by that person.
[Amended 8-24-2005 by Ord. No. 1507]
(2)
No more than three dogs of licensed 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.
(3)
Exemptions: Any owner or keeper who requires the use
of a disability assistance animal shall be exempt from the provisions
of this section while such animal is being used for that purpose.
[Added 8-24-2005 by Ord. No. 1507]
H.
Penalties. Except as otherwise provided, any person who violates any provision of Subsection F or G shall, upon conviction thereof, be liable to a penalty of a fine not exceeding $1,000, imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days. Each day that a particular violation continues shall constitute a separate offense.
[Added 5-22-1978 by Ord. No. 878; amended 9-28-1997 by Ord. No.
1291]
Where it has been determined by a physician
that a person has been bitten by a dog, such individual or his or
her parent or guardian if he or she is a minor shall immediately notify
the Board of Health, which shall then notify the Police Department.
When the owner or keeper of any dog is notified by the Board of Health
or the Police Department that the dog has bitten an individual, the
owner or keeper of the dog shall comply with the following procedures:
A.
Have the dog examined by a licensed veterinarian within
12 hours.
B.
Have the dog kept in quarantine in the owner's house
or at a kennel for a period of 10 days.
C.
At the end of 10 days, have the dog re-examined 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 which
seems advisable to it.
The Council shall have the power to appoint
an Animal Control Officer whose duty it shall be to enforce the provisions
of this article. The Council shall also have the power to appoint
one or more persons to be known as "Animal Control Officer" who may
impound unlicensed dogs running at large in violation of the provisions
of this article and who shall make a monthly and annual report to
the Council.
[Added 9-28-2016 by Ord.
No. 1749]
Signs prohibiting dogs are already posted in the Borough on
both Borough and Board of Education property, and, those signs already
in place on Board of Education fields and on the Borough's playgrounds
for children are hereby enforceable and a violation of same shall
result in a penalty consistent with this chapter.
