[Adopted 8-3-1992]
As used in this article, the following terms
shall have the meanings indicated:
A person 18 years of age or older who has satisfactorily
completed the course of study approved by the Commissioner of Health
and Senior Services and the Police Training Commission as prescribed
by paragraphs (1) through (3) of subsection a of section 3 of P.L.1983,
c. 525 (N.J.S.A. 4:19-15.16a); or who has been employed in the State
of New Jersey in the capacity of, and with similar responsibilities
to those required of, a certified animal control officer pursuant
to the provisions of P.L.1983, c. 525, for a period of three years
before January 17, 1987.[1]
The Borough of Hamburg.
Any dog, bitch or spayed bitch.[2]
Any dog which has attained the age of seven months or which
possesses a set of permanent teeth.[3]
Any establishment wherein or whereon the business of boarding
or selling dogs or breeding dogs for sale is carried on, except a
pet shop.[4]
When applied to the proprietorship of a dog, shall include
every person having a right of property in that dog and every person
who has that dog in his keeping, and when applied to the proprietorship
of any other animal, including, but not limited to, a cat, shall include
every person having a right of property in that animal and every person
who has that animal in his keeping.[5]
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.[6]
Any dog or dog hybrid declared potentially dangerous by the panel pursuant to § 70-11D of this article.
Any establishment for the confinement of dogs seized under
the provisions of this article or otherwise.
Any establishment where dogs or other animals are received,
housed and distributed.[7]
Any dog or dog hybrid declared vicious by the panel pursuant to § 70-11D of this article.
A.
License required; compliance with article.
(1)
No person shall own, keep or harbor any dog, within
the Borough, without first obtaining a license therefor, to be issued
by the Clerk or Animal Control Officer, upon application by the owner
and payment of the prescribed fee, and no person shall keep or harbor
any dog except in compliance with the provisions of this article.
(2)
The owner of any dog may, if the license tag is mislaid,
stolen or lost, procure a replacement tag upon the payment of the
prescribed fee. The owner must provide adequate proof that the dog
is currently licensed for the year in which the replacement tag is
desired.
B.
Annual license and registration tag required; placing
tag on dog. Any person who shall own, keep or harbor a dog of licensing
age shall in the month of January of each year, and annually thereafter,
apply for and procure from the Clerk or Animal Control Office a license
and official metal registration tag for each such dog owned, kept
or harbored, and shall place upon each dog a collar or harness with
the registration tag securely fastened thereto.
C.
License and tag issued in one municipality to be accepted
in another. Only one license and registration tag shall be required
in any licensing year for any dog owned in New Jersey, and such license
and tag issued by any other municipality of this state shall be accepted
by the Borough as evidence of compliance with this article.
D.
Newly acquired dog and for dog attaining license age. The owner of any newly acquired dog of licensing age or of any dog which attains licensing age shall make application for license and registration tag for such dog within 10 days after such acquisition or age attainment. The fee shall be the same as required in § 70-8A. The owner shall be required to present sufficient proof to establish that the dog was acquired after February 1 and that application has been submitted within the ten-day requirement.
E.
Contents of application; information to State Department
of Health.
(1)
The application shall state: the breed, sex, age,
color and markings of the dog for which license and registration are
sought, whether it is of a long- or short-haired variety; and the
name, street and post office address of the owner and the person who
shall keep or harbor such dog.
(2)
There shall be provided with the application evidence
that the dog to be licensed and registered has been inoculated with
a rabies vaccine of a type approved by and administered in accordance
with the recommendations of the State Department of Health. No license
or metal registration tag shall be issued without proof of inoculation
as required hereunder.
(3)
The information on the application and the registration
number issued for the dog shall be preserved for a period of three
years by the Clerk. Registration numbers shall be issued in the order
of the application.
(4)
The Clerk shall forward to the State Department of
Health each month, on forms furnished by the Department, an accurate
account of registration numbers issued or otherwise disposed of.
F.
Time for applying for license and tags for dogs brought
into the Borough from another state.
(1)
Any person who shall bring or cause to be brought
into the Borough any dog licensed in another state for the current
year, and bearing a registration tag, and who shall keep the same
or permit the same to be kept within the Borough for a period of more
than 90 days, shall immediately apply for a license and registration
tag for each such dog, unless a license for such dog is not required
under the provisions of this article.
(2)
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 a license for such dog is not required under Subsection H.
G.
Removal of tag forbidden; attaching tag wrongfully.
(1)
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.
(2)
No licensed dog shall be allowed off the premises
of the person harboring or keeping the dog, without the metal registration
tag attached to its harness or collar.
H.
Kennels, pet shops, shelters or pound.
(1)
Any person who keeps or operates or proposes to establish
a kennel, a pet shop, a shelter or a pound shall apply to the Clerk
for a license entitling him/her to keep or operate such establishment.
(2)
The 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 local Board of Health and planning/zoning
board, showing compliance with the local and state rules and regulations
governing location of and sanitation at such establishments.
(3)
All licenses issued for a kennel, pet shop, shelter
or pound shall state the purpose for which the establishment is maintained.
Such license shall expire on the last day of June of each year and
shall be subject to revocation by the Borough on recommendation of
the State Department of Health or the local Board of Health for failure
to comply with the rules and regulations of the State Department of
Health or the local Board of Health in accordance with the statutes
providing for such hearings.[1]
(4)
Any such person holding such license shall not be
required to secure individual licenses for dogs owned by him/her and
kept at such establishments. Such license shall not be transferable
to another owner or different premises.
(5)
One female dog in breeding purposes may be kept by
not more than one person for each family household without obtaining
a kennel license for not more than one litter per year, and further
provided that the pups from such breeding shall be sold or disposed
of after seven months of age, unless kept as licensed dogs, and that
the female dog kept for breeding purposes must be registered as a
breed bitch each year when the license for the dog is obtained.
(7)
No dog kept in a kennel, pet shop, shelter or pound
shall be permitted off premises except on a leash or in a crate or
other safe control.
I.
List of licensed kennels, pet shops, shelters and
pounds. 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 the licensee and the kind of license issued.
A.
License fee schedule. Commencing January 1, 2020,
a license shall be issued after payment of the fee of $15 for each
unneutered dog and $12 for each neutered dog, and commencing January
1, 2021, a license shall be issued after payment of a fee of $19 for
each unneutered dog and $16 for each neutered dog, with $1.20 thereof
being allocated to the registration tag. The $1.20 registration tag
fee will be forwarded within 30 days after collection to the State
Department of Health as required by law. No fee shall be charged for
a license issued to cover a dog used as a guide for a blind person.
Persons applying for a license hereunder after February 1 of each
calendar year shall pay a late fee of $5 per month, per license applied
for. Persons applying for a replacement tag shall pay a fee of $2.
[Amended 12-29-1997; 12-4-2019 by Ord. No. 10-2019]
D.
Shelter and pound exemption. No fee shall be charged
for a shelter or a pound license.
F.
Expiration date of license and tag. The person applying for the license and registration tag shall pay a fee as established in Subsection A for the licensing of each dog and the additional fee as established in Subsection A for the registration tag of each dog. The licenses, registration tags and renewals thereof shall expire on the last day of January of each year.
G.
Exemption from fees. Dogs used as guides for blind
persons and commonly known as "seeing eye" dogs, dogs used to assist
handicapped persons commonly known as "service dogs," or dogs used
to assist deaf persons and commonly known as "hearing 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.
H.
Delinquent fees. Any dog owner or person harboring a dog, found to have an unlicensed dog by the Animal Control Officer, dog canvasser or any other municipal official after February 1 of any year, shall be required to pay an additional delinquent fee as provided for in § 70-16 plus the required license and registration tag fees as provided in this article, in addition to any fine imposed for failure to obtain a dog license before February 1.
I.
Disposition of fees. A license fee and other moneys
collected or received under this article after payment to the state
of its statutory fees shall be forwarded to the Chief Financial Officer
of the Borough of Hamburg 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 of Hamburg and such funds shall be used,
expended or transferred only in accordance with statutes of the State
of New Jersey governing and regulating the use, expenditure or transfer
of such funds.
The Clerk shall annually cause a canvass to
be made of all dogs owned, kept or harbored within the limits of the
Borough of Hamburg and shall report on or before September 1 of each
year, to the local Board of Health and to the State Department of
Health, the result thereof, setting forth in separate columns the
names and addresses of persons owning, keeping or harboring unlicensed
dogs, the number of unlicensed dogs owned, kept or harbored by each
of said persons, together with a complete description of each said
unlicensed dog.
The Mayor and Council of the Borough of Hamburg
shall appoint a licensed Animal Control Officer to enforce the provisions
of this article.
A.
Authority to seize dogs.
(1)
The Animal Control Officer or other persons designated
by the Mayor and Council shall take into custody and impound or cause
to be taken into custody and impounded, and thereafter destroyed or
offered for adoption as hereinafter provided in this section:
(a)
Any dog off the premises of the owner or of
the person keeping or harboring said dog which the official or his/her
agent have reason to believe is a stray dog.
(b)
Any dog off the premises of the owner or of
the person keeping or harboring said dog without a current registration
tag on his/her collar.
(c)
Any female dog in season off the premises of
the owner or the person keeping or harboring said dog.
(d)
Any dog upon the public or private streets or in any public place not accompanied by a person over the age of 12 years and not confined as prescribed by § 70-12B; said dog shall be deemed to be a stray.
(e)
Any dog kept in a kennel, pet shop, shelter or pound and off such establishment and not confined or controlled as prescribed by § 70-12B; said dog shall be deemed to be a stray.
(f)
Any dog or other animal that is expected to
be rabid.
(h)
Any dog which the owner or persons keeping or
harboring said dog wishes to dispose of and to which he/she renounces
ownership, custody and control, in writing.
(i)
Any dog or other animal off the premises of
the owner reported to, or observed by, a certified Animal Control
Officer to be ill, injured or creating a threat to public health,
safety or welfare, or otherwise interfering with the enjoyment of
the property.
(2)
If any dog so seized wears a collar or harness having
inscribed thereon or attached thereto the name and address of any
person or a registration tag, or the owner or the person keeping or
harboring the dog is known, an Animal Control Officer or anyone authorized
by the Mayor and Council shall forthwith serve on the person whose
address is given on the collar, or on the owner or the person keeping
or harboring the dog, if known, 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 the service of
the notice.
(3)
A notice under Subsection A(2) of this section 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/her usual or last known place of abode, or to the address given on the collar.
(4)
When any dog so seized has been detained for seven
days after notice, when notice can be given as above set forth in
this subsection, or has been detained for seven days after seizure,
when notice has not been and cannot be given as above set forth in
this subsection, and if the owner or persons keeping or harboring
the dog has not claimed the dog and paid all expenses incurred by
reason of its detention, and, if the dog be unlicensed at the time
of the seizure and the owner or person keeping or harboring the dog
has not produced a license and registration tag for the dog, the Animal
Control Officer may cause the dog to be destroyed in a manner causing
as little pain as possible or offered for adoption.
(5)
When any dog shall be delivered under Subsection A(1)(h) of this section, no notice to the owner shall be required, unless this person delivering the dog is someone other than the owner, in which the foregoing procedure shall be followed, if the person delivering the dog is the owner, the Animal Control Officer or any person so authorized may forthwith destroy the dog in a manner causing as little pain as possible.
B.
Impounding and disposal fees.
(1)
There shall be charged to the owner of each dog which is impounded pursuant to § 70-11 all fees incurred by the Borough of Hamburg in the picking up and detention including the per day maintenance fee for each day or part thereof that the dog has been impounded, which fees shall be paid before the dog can be released.
(2)
The pickup fee shall be $60, the detention fee shall
be $15 per day, and the owner of the dog shall be liable for all veterinarian
fees incurred by the Borough.
[Added 12-3-2001 by Ord. No. 9-2001]
C.
Seizure of dogs; entry upon premises for such purposes.
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 or dogs which he/she may lawfully seize and
impound when such officer is in immediate pursuit of such dog or dogs,
except upon the premises of the owner of the dog if the said owner
is present and forbids the same.
D.
Vicious or potentially dangerous dogs.
(1)
The Animal Control Officer shall seize and impound
a dog when the officer has reasonable cause to believe that the dog:
(a)
Attacked a person and caused death or serious
bodily injury as defined in N.J.S.A. 2C:11-1(b) to the person;
(b)
Caused bodily injury as defined in N.J.S.A.
2C:11-1(a) to a person during an unprovoked attack and poses a serious
threat of harm to persons or domestic animals;
(c)
Engaged in dog fighting activities as described
in N.J.S.A. 4:22-24 and N.J.S.A. 4:22-26.
(2)
The dog shall be impounded until the final decision
as to whether the dog is vicious or potentially dangerous pursuant
to and in accordance with the provisions of N.J.S.A. 4:19-17 et seq.;
subject to the approval of the Municipal Health Officer, the dog may
be impounded in a facility or other structure agreeable to the owner.
(3)
The Animal Control Officer shall notify the official responsible for convening a hearing pursuant to Subsection D(4) and the Municipal Health Officer within three working days that he/she has seized and impounded a dog pursuant to § 70-11 of this article, or that he/she has reasonable cause to believe that a dog has killed another domestic animal and a reasonable cause to believe that a hearing is required. The Animal Control Officer shall through a reasonable effort attempt to determine the identity of the owner of any dog seized and impounded. If its owner cannot be identified within seven days, that dog may be humanely destroyed.
(4)
Hearings.
(a)
The chief law enforcement officer of the municipality or the Municipal Health Officer shall select a panel of three qualified individuals knowledgeable about dog behavior and conduct a hearing within 30 days of the receipt of the signed statement from the dog's owner as required by Subsection D(8) of this article, to determine whether the dog impounded pursuant to § 70-11 of this article is vicious or potentially dangerous. In no case may the municipal officer who is the supervisor of the Animal Control Officer presenting the case select the panel. If neither the chief law enforcement officer of the municipality, nor the Municipal Health Officer is the Animal Control Officer's supervisor, the Municipal Health Officer shall select the panel and conduct the hearing. To the greatest extent practicable, the selected panel shall collectively represent a diverse background in dog behavior and in no case may all of the members of the panel be from the same discipline, nor may a panel include any individual connected to the case. Upon request, the department may recommend to the Municipal Health Officer or chief law enforcement officer of the municipality the names of qualified individuals to serve on the panel. For the purposes of this section, "qualified individuals" means:
[1]
Veterinarians specializing in the treatment
of dogs and cats;
[2]
American Kennel Club certified dog breed or
obedience judges;
[3]
Professional dog handlers who are members of
the Professional Handlers Association or who are recommended by either
a Professional Handlers Association member or an American Kennel Club
certified dog breed judge;
[4]
Dog behavior modification trainers who are recommended by a veterinarian specializing in the treatment of dogs and cats, an American Kennel Club dog obedience judge, a National Association of Dog Obedience Instructors member or persons in Subsection D(4)(a)[5] below; or
[5]
Animal behaviorists with at least a bachelor's
degree in animal behavior specializing in the treatment of canine
behavior disorders.
(b)
The official conducting the hearing shall notify
the owner of the impounded dog by certified mail, return receipt requested,
and the Department of Health of the date and time of the hearing,
and the names of the panel members selected. During the hearing, the
owner shall have the opportunity to present evidence to demonstrate
that the dog is not vicious or potentially dangerous.
(5)
If the panel pursuant to N.J.S.A. 4:19-20 declares
a dog to be vicious and no appeal is made of the ruling pursuant to
N.J.S.A. 4:19-25, the dog shall be destroyed in a humane and expeditious
manner. No dog may be destroyed during the pending of an appeal.
(6)
If the panel pursuant to N.J.S.A. 4:19-20 declares
a dog to be potentially dangerous, it shall issue an order and schedule
for continuance as required by N.J.S.A. 4:19-24 and may require the
owner to comply with additional conditions permitted to be imposed
by said statute.
(7)
If a dog is declared vicious or potentially dangerous,
and all appeals pertaining thereto have been exhausted, the owner
of the dog shall be liable to the Borough of Hamburg for the costs
and expenses of impounding the dog in a facility other than the municipal
pound, regardless of whether the dog is ultimately found to be vicious
or potentially dangerous.
(8)
The owner of a potentially dangerous dog shall:
(a)
Comply with the provisions of this act in accordance
with a schedule established by the panel, but in no case more than
60 days subsequent to the date of determination;
(b)
Notify the licensing authority, local police
department or force, and the Animal Control Officer within 24 hours
of the death, sale or donation of a potentially dangerous dog;
(c)
Prior to selling or donating the dog, inform
the prospective owner that the dog has been declared potentially dangerous;
(d)
Upon the sale or donation of the dog to a person
residing in a different municipality, notify the department and the
licensing authority, police department or force, and Animal Control
Officer of that municipality of the transfer of the ownership and
the name, address and telephone number of the new owner.
(9)
Registration of potentially dangerous dogs:
(a)
The Clerk shall issue a potentially dangerous
dog registration number and red identification tag along with a municipal
potentially dangerous dog license upon a demonstration of sufficient
evidence by the owner to the Animal Control Officer that he/she has
complied with the panel's orders. The last three digits of each potentially
dangerous dog registration number issued by a municipality will be
the three number code assigned to that municipality. The Animal Control
Officer shall verify, in writing, compliance to the Clerk or other
official designated to license dogs in the municipality.
(b)
Publicize a telephone number for reporting violations
of this act. This telephone number shall be forwarded to the department
and any changes in this number shall be reported immediately to the
department;
A.
Barking or crying dogs. No person shall allow any
dog in his/her keeping, custody, control or ownership to bark, howl,
or cry continuously for any period longer than 1/2 hour between the
hours of 10:00 p.m. and 7:00 a.m., or otherwise repeatedly at intervals
of more than 1/2 hour at any time of the day or night, in such volume
or manner as to disturb comfort, peace and repose of persons in the
vicinity.[1]
B.
Dog to be accompanied by person over 12 years old;
leash. No person owning, keeping or harboring any dog shall suffer
or permit it to be upon the public or private streets or in any public
place of the Borough of Hamburg unless such dog is accompanied by
a person over the age of 12 years and is securely confined and controlled
by an adequate leash not more than six feet long.
The purpose of this section is to protect the
health, safety and welfare of all those frequenting this Borough,
by preventing the needless health hazards and nuisances caused by
dog feces upon public and private property located within the Borough.
A.
Defecation on private property. No person owning or
in charge of any dog shall cause or allow such dog to soil, defile,
defecate upon or commit any nuisance upon any private property, without
the permission of the owner of the property. Any person owning or
in charge of a dog which soils, defiles, defecates or commits any
such nuisance shall immediately remove all feces deposited by such
dog in a sanitary manner.
B.
Defecation on public property. No person owning or
in charge of any dog shall cause or allow such dog to soil, defile,
defecate upon or commit any nuisance on any place where people congregate
or walk, or upon any public property. Any person owning or in charge
of a dog which soils, defiles, defecates or commits any such nuisance
shall immediately remove all feces deposited by such dog in a sanitary
manner.
C.
Defecation on owner's property. No person shall permit
the accumulation of dog feces upon his/her own property, or property
occupied by him/her, to the extent that the odor may be noticeable
to any adjoining property owners.
D.
Disposal of defecation. The feces removed from the
aforementioned designated areas shall be disposed of by the person
owning or in charge of any such dog in a sealed, nonabsorbent, leakproof
container. Disposition in a sanitary manner shall include taking the
feces home for deposit, or wrapping the feces and placing same in
a trash can. It shall not include burial, disposal by placement in
a storm sewer, or placing unwrapped feces in a trash can.
F.
Seeing eye dogs. The provision of this section shall
not apply to dogs used as guides for blind persons and commonly known
as "seeing eye" dogs, dogs used to assist handicapped persons commonly
known as "service dogs" or dogs used to assist deaf persons and commonly
known as "hearing ear" dogs.
[Added 9-6-2023 by Ord. No. 15-2023]
A.
Purpose. A section to establish requirements for the proper disposal
of pet solid waste in the Borough of Hamburg, so as to protect public
health, safety and welfare, and to prescribe penalties for failure
to comply.
B.
IMMEDIATE
OWNER/KEEPER
PERSON
PET
PET SOLID WASTE
PROPER DISPOSAL
Definitions. For the purpose of this section, the following terms,
phrases, words and their derivations shall have the meanings stated
herein unless their use in the text of this section 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.
That the pet solid waste is removed at once, without delay.
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.
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 regularly
emptied by the municipality or some other refuse collector; or disposal
into a system designed to convey domestic sewage for proper treatment
and disposal.
C.
Requirement for disposal. 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.
D.
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.
E.
Enforcement. The provisions of this section shall be enforced by
the Animal Control Officer of the Borough of Hamburg.
In the event of a violation on private property,
a complaint is only to be filed by the owner of such property. In
the event of such a violation occurring on public property, thoroughfare,
walkways or parks, a complaint may be filed by any witnesses to such
act.
No person owning, keeping or harboring a dog/cat
shall permit it to do any injury to or to do any damage to any lawn,
shrubbery, flowers, grounds or property or a complaint may be made
against the owner or keeper of such dog/cat.[1]
Except as provided in N.J.S.A. 4:19-15.19, penalties
for violations of the provisions of this article shall be as follows:
It shall be the duty of the Animal Control Officer
to enforce the provisions of this article.
