[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.
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.
DOG OF REPRODUCTIVE AGE
Any dog which is deemed to be of licensing age.
IMMEDIATE
Shall mean that the pet solid waste is removed at once, without delay.
KEEPER
Any person exercising control over a dog or permitting a dog to remain on premises under their control.
KENNEL
Any establishment wherein or whereon the business of boarding or selling dogs or breeding dogs for sale is carried on, except a pet shop.
OWNER/KEEPER
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.
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
PET
A domesticated animal (other than a disability assistance animal) kept for amusement or companionship.
PET SHOP
Any room or group of rooms, cage or exhibition pen not part of a kennel wherein dogs for sale are kept or displayed.
PET SOLID WASTE
Waste matter expelled from the bowels of the pet; excrement.
PROPER DISPOSAL
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.
POUND
An establishment for the confinement of dogs seized either under the provisions of this article or otherwise.
SHELTER
Any establishment where dogs are received, housed and distributed.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
VICIOUS DOG
Any dog or dog hybrid declared vicious by the Municipal Court pursuant to Section 6 of P.L.1989, c. 307 (N.J.S.A. 4:19-22).
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
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. 
Application for license.
(1) 
Each application for a license under this article shall give the following information:
(a) 
A general description of the dog sought to be licensed, including breed, sex, age, color and markings and whether such dog is of a long- or short-haired variety.
(b) 
The name, street and post office address of the owner of and the person who shall keep or harbor such dog.
(2) 
Registration numbers shall be issued in the order in which applications are received.
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, they 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.
(2) 
The fee for potentially dangerous dogs as determined pursuant to N.J.S.A. 4:19-16 et seq. shall be 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. Dogs used as guides dogs or service dogs (as defined in N.J.S.A. 10:5-5) shall be licensed and registered as other dogs as hereinabove provided for, except that the owner or keeper of such dog shall not be required to pay any fee therefor. A dog temporarily placed in a foster home as part of a formalized training to be a guide dog or service dog shall not be required to be licensed and registered while the dog remains in the foster home for such training. 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 $3 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; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
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 them 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]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The Borough, at its discretion, may 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 their 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 they 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 their 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 their 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 $2,000, 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; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Where it has been determined by a physician that a person has been bitten by a dog, such individual or their parent or guardian if they are 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 reexamined 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.