[HISTORY: Adopted by the Mayor and Council of the Borough of Stanhope 7-28-1975 by Ord. No. 1975-8. Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 82.
As to legislation adopted by the Board of Health, consult Part III of this Code.
As used in this chapter, the following terms shall have the meanings indicated:
ANIMAL
Cat or dog.
CATS
Both male or female.
DOGS
Any dog, bitch or spayed bitch.
HARBOR(ING)
The act of providing or making available shelter, refuge, food or water to any dog or cat in such a manner which attracts a dog or cat to any person, persons, partnership or corporation’s premises.
[Added 10-26-2010 by Ord. No. 2010-9]
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
When applied to the proprietorship of a dog or cat, includes any person, persons, partnership or corporation harboring, keeping, owning or having any right of property in a dog or cat within the Borough of Stanhope.
[Amended 10-26-2010 by Ord. No. 2010-9]
PET SHOP
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 4-28-1998 by Ord. No. 1998-6]
POUND
An establishment for the confinement of dogs seized either under the provisions of this chapter or otherwise.
SHELTER
Any establishment where dogs are received, housed or distributed without charge.[1]
[1]
Editor's Note: The former definition of “vicious dog,” which immediately followed this definition, was repealed 7-31-1990 by Ord. No. 1990-15.
A. 
It shall be unlawful for any person to own, as defined, an animal in the Borough of Stanhope without having obtained a license for it in compliance with provisions set forth in this chapter.
B. 
A license shall be required for any animal which has attained the age of seven months or which possesses a set of permanent teeth.
An official shall be designated by the Borough Council as the Animal Registrar for the purpose of issuing licenses and maintaining records of registration of the animals with the borough.
A. 
Any person who owns an animal that has reached licensing age shall annually, on or before the 30th day of April, obtain a license and an official metal registration tag for each animal.
[Amended 12-17-1996 by Ord. No. 1996-23]
B. 
The owner of a newly acquired animal of licensing age or of any animal which attains licensing age shall make application for the license and registration tag for such animal within 10 days after such acquisition or age attainment.
C. 
Any person who brings or causes to be brought into the borough any animal licensed in another state for the current year and bearing a registration tag for such animal who shall keep the same or permit the animal to be kept within the borough for a period of more than 90 days, shall immediately, upon the conclusion of said ninety-day period, apply for a license and registration tag for such animal.
D. 
Any person bringing or causing to be brought into the borough any unlicensed animal and who shall permit the animal to remain in the borough for a period of more than 10 days shall immediately apply for a license and registration tag for such animal upon conclusion of said ten-day period.
Dogs used as guide dogs for blind persons and commonly known as "Seeing Eye" dogs shall be licensed and registered as other dogs, as provided in this chapter, except that the owner, as defined herein, shall not be required to pay any fee therefor.
[Amended 8-28-1984 by Ord. No. 1984-10]
The application shall state the breed, sex, age, color, name and markings of the animal for which license and registration are sought and whether it is a long- or short-haired variety and also the name, street, post office address of the owner and the person who shall be harboring such animal. Proof of rabies vaccination is required before a dog or cat license can be issued.
[Amended 5-31-1978 by Ord. No. 1978-9; 8-28-1984 by Ord. No. 1984-10; 11-27-1984 by Ord. No. 1984-16; 7-26-1988 by Ord. No. 1988-18; 12-17-1996 by Ord. No. 1996-23]
The fee for issuance of an animal license and each renewal thereof shall be as provided for in Chapter 82, Fees. Application made after April 30 will be subject to a late penalty fee as provided for in Chapter 82, Fees.
A. 
The Animal Registrar shall, upon issuing the license as herein provided, at the same time issue to the applicant an identification tag of metal or other suitable material.
B. 
Said identification tag shall have printed or stamped "Licensed Borough of Stanhope," the current year and a distinctive different number for each animal. A careful record of each such number and the accompanying license shall be maintained by the Animal Registrar, particularly for identifying lost, strayed or impounded animals.
C. 
The shape of the identification tag shall be alternated each year, and, upon satisfactory proof to the Animal Registrar that a license tag has been lost, worn or damaged beyond further use or cannot be found, the Animal Registrar shall issue to the same applicant, upon payment of a fee as provided for in Chapter 82, Fees, a new tag, but of a new and different number, and notation of the transaction shall also be made on the office file for the number originally issued.
[Amended 5-31-1978 by Ord. No. 1978-9]
A. 
Dog kennels may be located in the borough where permitted by the Borough Zoning Ordinance.[1]
[1]
Editor's Note: See Ch. 100, Land Development.
B. 
The owner of a dog kennel shall procure, in lieu of an individual license for each dog, a kennel license annually in the month of January, which license will expire on December 31 of each year.
C. 
The annual license fee for a kennel providing accommodation for 10 or fewer dogs shall be as provided for in Chapter 82, Fees; for kennels accommodating more than 10 dogs, the annual licensing fee shall be as provided for in Chapter 82, Fees.
[Amended 5-31-1978 by Ord. No. 1978-9]
D. 
The application for a kennel license shall state the name and address of the owner of said kennel, the location of the kennel and the number of dogs that shall be accommodated and shall be accompanied by written approval of the Borough Clerk and Health Officer showing compliance with the local and state rules and regulations governing the location of and the sanitation of such establishment.
E. 
The kennel license is not transferable.
A. 
A pet shop shall be permitted in the borough as provided in the Zoning Ordinance.[1]
[1]
Editor's Note: See Ch. 100, Land Development.
B. 
The annual license fee for a pet shop shall be as provided for in Chapter 82, Fees.
[Amended 5-31-1978 by Ord. No. 1978-9]
A. 
The Borough Council shall have the power to appoint:
(1) 
An Animal Control Officer, whose duties it shall be to enforce the provisions of this chapter; and
[Amended 7-31-1990 by Ord. No. 1990-15]
(2) 
One or more persons, to be known as "warden," who shall impound animals running at large in violation of § 79-13, 79-17, 79-18, 79-20 or 79-21.
B. 
Nothing contained in this section shall be construed as limiting the authority of the Health Officer or the Chief of Police or members of the Police Department to enforce the provisions of this chapter when, in the interest of health and safety, they deem it necessary.
[Amended 11-27-1984 by Ord. No. 1984-16; 7-31-1990 by Ord. No. 1990-15]
The Chief of Police of the borough or the appointed Animal Control Officer or such person designated by resolution of the Mayor and Council shall cause a canvass to be made of all dogs and cats owned, kept or harbored within the limits of the borough and shall, on or before September 1 of each year, make reports to the Borough Clerk, the Board of Health of the borough and the State Department of Health of the result thereof, setting forth in separate columns:
A. 
The names and addresses of persons owning, keeping or harboring such dogs or cats.
B. 
The number of licensed dogs or cats owned, kept or harbored by each of said persons, together with the registration numbers of each of said dogs or cats.
C. 
The number of unlicensed dogs or cats owned, kept or harbored by each of said persons, together with the complete description of each of said unlicensed cats or dogs.
The Chief of Police or any other person authorized or employed by the borough for that purpose shall take into custody and impound or cause to be taken into custody and impounded the following:
A. 
Any dog or cat off the premises of the owner or of the person(s) keeping or harboring said animal or any dog or cat which said official(s) or agent(s) thereof has reason to believe is a stray.
[Amended 2-23-1993 by Ord. No. 1993-3]
B. 
Any dog or cat off the premises of the owner or of the person keeping or harboring said dog or cat, without a current registration tag on his collar.
C. 
Any female dog or cat in season off the premises of the owner or of the person keeping or harboring said dog or cat.
D. 
Any dog or cat running at large in violation of § 79-19.
[Amended 2-23-1993 by Ord. No. 1993-3]
[Added 7-26-1988 by Ord. No. 1988-18[1]; 11-28-2017 by Ord. No. 2017-09]
The owner of any dog or cat which is impounded and/or destroyed pursuant to this chapter shall pay all expenses incurred in connection with such action to the Borough of Stanhope upon redemption of such animal. The fees for initial impoundment, an additional daily maintenance fee, veterinary fees, euthanasia fees, and disposal fees shall be charged as provided in Chapter 82, Fees, or at the rate charged by any entity or individual providing such service to the Borough, if such rates are not otherwise set forth in § 82-2.
[1]
Editor's Note: Section 2 of this ordinance provided that it would become effective on January 1, 1989, upon adoption and publication as required by law.
[Added 4-7-2009 by Ord. No. 2009-01]
Whenever a stray dog or cat is found by the Animal Control Officer and returned to the owner thereof, the owner shall, within 10 days of the return of said animal, pay a $25 animal return fee to the Borough, as is provided for in Chapter 82 of this Code.
A. 
If any dog or cat seized, as provided in § 79-13A through C, or any dog seized, as provided in § 79-13D, wears a collar or harness having inscribed thereto the name and address of any person or a registration tag or if the owner or the person keeping or harboring said dog or cat is otherwise known, the Chief of Police or any person authorized by him in that behalf shall forthwith serve or cause to be served on the person whose address is given on the collar or on the owner or the person keeping or harboring said dog or cat, if known, a notice, in writing, stating that the dog or cat has been seized and will be liable to be disposed of or destroyed if not claimed within seven days after the service of the notice.
B. 
The notice referred to in Subsection A of this section may be served either by delivering it to the person on whom it is to be served, 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.
C. 
When any dog or cat seized in accordance with § 79-13A through C or any dog seized in accordance with § 79-13D has been detained for seven days after notice when notice can be given as set forth above or has been detained for seven days after seizure when notice has not been and cannot be given as set forth above, and if the owner or person keeping or harboring said dog or cat has not claimed said dog or cat and paid all expenses incurred by reason of its detention, including maintenance, not exceeding the daily rate charged by the Animal Control Officer or other authorized person by the borough in accordance with the terms of the contract and resolution relating to the keeping and holding of dogs or cats entered into by the borough for the year within which said dog or cat is impounded, and if the dog or cat is unlicensed at the time of the seizure and the owner or person keeping or harboring said dog or cat has not produced a license and registration tag for said dog or cat, the Chief of Police or any person authorized by him in that behalf or authorized by the borough may cause the dog or cat to be destroyed in a manner recommended by the American Veterinarian Medical Association.
[Amended 7-31-1990 by Ord. No. 1990-15]
Any person or agent authorized to or empowered to perform any duty under this chapter is hereby authorized to go upon any premises to seize for impounding any dog(s) or cat(s) which he may lawfully seize and impound when he is in immediate pursuit of such dog(s) or cat(s), except upon premises of the owner of the dog or cat if said owner is present and forbids the same.
A. 
No person shall keep or harbor any dog or cat in the borough except in compliance with the provisions of this chapter.
B. 
No more than four dogs and/or cats of licensing age shall be kept, maintained or harbored at one time, for any length of 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 kennels, pet shops, pounds and shelters.
A. 
No person owning or having the care, custody or control of any dog shall suffer or permit such dog to soil or defile or to commit any nuisance upon any sidewalk, street or thoroughfare or in or upon any public park, playground or other public place or the private property of persons other than the owner or person having the care, custody or control of such dog.
B. 
No person owning or having the care, custody or control of any dog or cat shall suffer or permit such dog or cat to:
(1) 
Soil or defile or do any injury or damage to any lawn, vegetable garden, shrubbery, trees, flowers, driveway, ground or any property of persons other than that of the owner or person having the care, custody or control of such dog or cat.
(2) 
Cause any injury to any person.
(3) 
Bark, cry, whine, howl or otherwise disturb the peace or quiet of the neighborhood or the sleep of any person for any unreasonable length of time.
(4) 
Be or become a public nuisance or to create a condition hazardous to safety and health.
C. 
The habitual barking, howling, whining or crying of a dog or dogs or the howling of a cat or cats in the Borough of Stanhope is hereby declared to be a disturbing noise within the meaning of N.J.S.A. 40:48-1, Subsection 8, and a nuisance.
A. 
No person owning, keeping, harboring or having care, custody or control of any dog or cat shall suffer or permit it to run at large.
[Amended 2-23-1993 by Ord. No. 1993-3]
B. 
Every dog shall be led by a chain, cord or other leash in the hands of a person capable of leading and controlling such dog.
A. 
No person shall be cruel or inhumane to a dog or cat, said cruelty or inhumanity consisting of beating, torturing, mutilating, cruelly killing or clearly failing to provide food, drink or shelter for a dog or cat or abandoning any dog or cat of which he has charge, either as owner or otherwise.
B. 
No person owning, keeping, harboring or having the care, custody or control of any dog or cat shall abandon such a maimed, sick, infirm or disabled animal or creature to die.
[Amended 7-31-1990 by Ord. No. 1990-15]
A. 
Any cat which has attacked or bitten a human being or which habitually attacks other cats or domestic animals is hereby presumed to be a vicious cat for the purpose of this section until a further determination of the facts is made, as hereinafter provided.
B. 
It shall be the duty of the Chief of the Police Department or any person authorized by him, the appointed Animal Control Officer or the governing body of the borough to receive and investigate complaints against cats, and when any cat complained against shall be deemed by the proper authorities to be a vicious cat, as herein defined, said officer shall file a complaint in the Municipal Court of the borough, which court shall thereupon cause the owner or person harboring such cat to be notified, in writing, of the complaint and to appear before said Municipal Court Judge at a stated time and place. Pending the disposition of said complaints, the Chief of Police or such other authorized persons may order the cat to be muzzled and leashed while being walked and to be confined at all other times.
C. 
The Municipal Court Judge, at the time set for such hearing, shall inquire into the facts and give all interested persons an opportunity to be heard under oath and to be represented by counsel, and the Municipal Court Judge shall decide in accordance with such evidence before him. If the Municipal Court Judge shall decide that such cat complained of is a vicious cat, as defined by this section, notice of such decision shall be given to the owner or person harboring such cat.
D. 
No cat which has been so determined to be a vicious cat shall be permitted to run at large or to be upon any street or public place in the borough except while securely muzzled and under leash, and the owner or person harboring any such vicious cat, who shall suffer or permit such cat to be upon any street, public place or private property in the borough, other than the property of the owner or person harboring such cat, while not securely muzzled and under leash, shall be guilty of a violation of this chapter.
[Added 7-31-1990 by Ord. No. 1990-15]
A. 
The State of New Jersey has enacted an act concerning certain dogs, supplementing Chapter 19 of Title 4 of the Revised Statutes entitled "Laws of 1989," Chapter 307, approved on January 12, 1990.[1] Section 21 sets forth that said act supersedes any local ordinance, and said act shall be enforced within the Borough of Stanhope as set forth therein.
[1]
Editor's Note: See N.J.S.A. 4:19-36.
B. 
A fee shall be imposed in accordance with Chapter 82, Fees, for a license for any dog determined to be potentially dangerous as set forth in the statute referenced in Subsection A of this section.
A. 
No person shall own, harbor or keep any dog or cat from within the borough which is not currently inoculated against rabies; provided, however, that animals which have not attained the age of six months shall not be required to be inoculated and further provided that any animal may be exempt from the requirements of such inoculation, for a specified period of time, by the Board of Health upon the presentation of a certificate from a veterinarian stating that because of identity or other physical condition, the inoculation of such animal for said specified period of time shall be deemed inadvisable by said veterinarian.
[Amended 8-28-1984 by Ord. No. 1984-10]
B. 
Inoculations shall be made by a duly licensed veterinarian of the State of New Jersey, or such other person permitted by law to make the same, and approved by the Borough Board of Health.
C. 
Whenever a dog, cat or other animal is infected with rabies or is suspected of being infected with rabies, or has been bitten by an animal infected with rabies or suspected of being infected with rabies the person owning or having the care, custody or control of any such animal or any person having knowledge or suspicion of such infection shall notify the Borough Board of Health and/or the Chief of Police of the borough, or the person in charge of the Police Department at the given time, immediately. Any such report shall be reduced to writing at the request of the Board of Health of the Borough of Stanhope.
D. 
If a dog or cat or other animal is known or believed to have rabies, or has been bitten by a dog or cat or other animal known or suspected of having rabies, the owner of such animal shall be notified in writing to have the animal confined for a period of not less than six months, or such lesser period specified by the State Department of Health, and placed under the observation of a veterinarian, at the expense of the owner, for such period.
E. 
Any animal confined under order of the Borough Board of Health shall not be released until a certificate of release has been issued by the said Board.
F. 
Whenever it becomes necessary to safeguard the public from the danger of rabies, the Mayor, upon recommendation of the Borough Board of Health, shall issue a proclamation ordering every person owning or keeping a dog, cat or other animal to confine it securely on his premises unless such animal shall have a muzzle and leash of sufficient strength to prevent the biting of any person.
G. 
Any such animal running at large during the time of the proclamation shall be seized and impounded, unless noticeably infected with rabies.
H. 
All dogs or cats or other animals so noticeably infected with rabies and displaying vicious propensities shall be killed by the Animal Control Officer or Chief of Police, or any other authorized person, after a written diagnosis of infection by a veterinarian of the State of New Jersey.
[Amended 7-31-1990 by Ord. No. 1990-15]
I. 
The Animal Control Officer or Chief of Police, or any other authorized person, shall promptly notify, in writing, the Borough Board of Health and the owner, if known, of the killing and the reason for the killing of any dog, cat or other animal in accordance with the provisions of this section.
[Amended 7-31-1990 by Ord. No. 1990-15]
A. 
The owner of any dog, cat or other animal that shall have bitten, scratched or caused injury to any person, or shall have otherwise violated the provisions of this chapter, shall be issued a complaint in violation under this section, and it shall be deemed a separate violation for each animal and each incident and shall not be considered as the same offense for any other section herein.
B. 
Upon the evidence presented and after an examination by a licensed veterinarian, if the Municipal Court Judge or other Judge authorized by law shall deem it necessary for the safety of the public, he may order the animal destroyed or muzzled and/or confined, and he may impose a penalty as set forth in ~ 79-25. However, upon a conviction of a third offense, the animal shall be destroyed.
The Borough Clerk shall forward to the State Department of Health a list of all kennels, pet shops, shelters or pounds licensed by the borough 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.
[Added 10-25-1994 by Ord. No. 1994-20]
It shall be unlawful for any person(s), whether on public land or private, to attract or feed or to attempt to attract or feed pigeons which are not their personal property by offering, placing, throwing, scattering or providing, by any means whatsoever, food for the pigeons. This provision, however, shall not be construed to prohibit the use of passive bird-feeding devices.
[Amended 5-31-1978 by Ord. No. 1978-9; 8-28-1990 by Ord. No. 1990-17; 6-30-1998 by Ord. No. 1998-8]
Any person violating any provision of this chapter shall, upon conviction, be punishable by a fine not exceeding $1,000 or imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days, or any combination thereof.