[Adopted 6-27-1972 by Ord. No. 72-9 as Ch. 4, Art. 1 of the Revised Ordinances of 1972]
[1]
Editor's Note: For municipal authority to regulate or restrict the running at large of dogs, see N.J.S.A. 40:48-1. For state statutes relating to licensing, tagging, impounding, destruction or disposal of dogs and licensing, keeping and operating of kennels, pet shops and the like, see N.J.S.A. 4:19-15.1 et seq. License fees, registration tag fees and certain costs and expenses incurred for the detention and maintenance of dogs, collected pursuant to this Article, and fines are turned over and disposed of in accordance with and as provided by law. See N.J.S.A. 4:19-15.11 and 4:19-15.20. See also Lamanna v. Kennedy, 130 N.J.L. 223, 32 A. 2d 446 (Sup. Ct. 1943); Blakely v. Moorestown, 3 N.J. Super. 518, 67 A. 2d 330 (Law Div. 1949).
As used in this article, the following terms shall have the meanings indicated:
ANIMAL RESCUE ORGANIZATION
Any nonprofit organization that has tax-exempt status under Section 501(c)(3) of the United States Internal Revenue Code, whose mission and practice is, in whole or in significant part, the rescue and placement of animals in permanent homes. "Animal rescue organization" does not include any entity that breeds animals or that: (1) is located on the same premises as; (2) has any personnel in common with; (3) obtains, in exchange for payment or any other form of compensation, dogs or cats from; or (4) facilitates the sale of dogs or cats obtained from a person that breeds animals.
[Added 11-9-2023 by Ord. No. 23-18]
DOG OF LICENSING AGE
Any dog which has attained the age of seven (7) months or which possesses a set of permanent teeth.[1]
HOBBY BREEDER
A noncommercial establishment where one or more breeds of dog are kept for personal breeding and where the consumer can directly view the conditions in which the dogs are bred and can confer directly with the hobby breeder concerning those conditions.
[Added 11-9-2023 by Ord. No. 23-18]
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.
OFFER FOR SALE
To sell, offer for sale or adoption, advertise for the sale of, barter, auction, give away or otherwise dispose of a dog or cat.
[Added 11-9-2023 by Ord. No. 23-18]
OWNER
Every person having a right of property in such dog and every person who harbors or has such dog in his or her keeping.
PET SHOP
A commercial retail establishment where dogs and cats are sold, exchanged, bartered or offered for sale to the general public. Such definition shall not include an animal rescue organization, hobby breeder, kennel, or shelter.
[Amended 11-9-2023 by Ord. No. 23-18]
SHELTER
An animal control center, shelter or pound maintained by or under contract with any state, county, or municipality, whose mission and practice is, in whole, or significant part, the rescue and placement of animals in permanent homes or rescue organizations.
[Added 11-9-2023 by Ord. No. 23-18]
[1]
Editor's Note: The definition of "Dog," which immediately preceded this definition, was deleted 5-13-1997 by Ord. No. 97-8.
No person shall:
A. 
Keep or harbor any dog within the Borough without first obtaining a license therefor as provided by this Article.
B. 
Keep or harbor any dog within the Borough except in compliance with the provisions of this Article.
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 Clerk of the Borough 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.
A. 
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 ninety (90) days shall immediately apply for a license and registration tag for each such dog.
B. 
Any person who shall bring or cause to be brought into the Borough any unlicensed dog of licensing age and who shall keep the same or permit the same to be kept within the Borough for a period of more than ten (10) days shall immediately apply for a license and registration tag for each such dog.
C. 
The provisions of Subsections A and B of this section shall not apply where the dogs are licensed under §§ 96-11 through 96-16.
[Amended 11-22-1983 by Ord. No. 83-19]
The application for a dog license and registration tag shall state:
A. 
The breed, sex, age, color and markings of the dog for which license and registration are sought.
B. 
Whether the dog is of a long- or shorthaired variety.
C. 
The name, telephone number, street and post office address of the owner and of the person who shall keep or harbor such dog.
D. 
Proof of rabies inoculation by licensed veterinarian.
E. 
Proof of spaying or neutering by a licensed veterinarian.
The Clerk of the Borough shall:
A. 
Issue each registration number in the order in which the application is made.
B. 
Preserve, for a period of three (3) years, the information contained in the application and the registration number issued for the dog.
C. 
Forward such information to the State Department of Health each month on forms furnished by said Department.
Only one (1) 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 the provisions of this Article.[1]
[1]
Editor's Note: State law requires that the license in one (1) municipality be accepted in other municipalities. See N.J.S.A. 4:19-15.3.
[Amended 9-13-1977 by Ord. No. 77-12; 9-22-1981 by Ord. No. 81-14; 11-22-1983 by Ord. No. 83-19; 3-11-1986 by Ord. No. 86-07; 7-9-1991 by Ord. No. 91-13]
A. 
As to dogs generally:
(1) 
The person applying for the license and registration tag shall pay to the Clerk of the Borough of Hillsdale the fee as set forth in Chapter 138, Fees.
[Amended 5-13-1997 by Ord. No. 97-8]
(2) 
For each annual renewal, the fee for the license and registration tag shall be the same as for the original license and tag subject to the foregoing fees being paid. Said licenses, registration tags, renewal thereof shall expire on the last day of January of each year.
B. 
As to Seeing Eye, hearing-ear and service dogs: Dogs used as guides for blind persons commonly known as "Seeing Eye dogs," those used for hearing-impaired persons, known as "Hearing-Ear dogs" and those used by handicapped persons known as "Service dogs" shall be licensed and registered as other dogs as hereinabove provided for in this Article, except that the owner or keeper of such dogs shall not be required to pay any fee therefor.
C. 
As to late charge: Should the applicant fail to apply for and procure a license in the month of January of each year, the applicant shall be charged as provided in Chapter 138, Fees, in addition to the fees set forth in § 96-9A. Said late charge shall be payable to the Clerk of the Borough.
[Amended 5-13-1997 by Ord. No. 97-8]
No person, except an officer in the performance of his or her duties, shall remove a registration tag from the collar or harness 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.
A. 
Any person who keeps, operates or establishes a kennel or a pet shop in the Borough shall obtain from the Clerk of the Borough a license entitling him or her to keep or operate such establishment.
B. 
Such license shall not be transferable to another owner or to different premises.
C. 
Any person holding such license shall not be required to secure individual licenses for dogs owned by such licensee and kept at such establishments.
The application for a license to keep or operate a kennel or pet shop shall:
A. 
Describe the premises where the kennel or pet shop is located or proposed to be located.
B. 
Specify the purposes for which the establishment is to be maintained.
C. 
Be accompanied by the written approval of the Health Officer of the Borough showing compliance with the local and state rules and regulations governing location of and sanitation at such establishments.
D. 
Be accompanied by payment of the license fee prescribed by § 96-13.
A. 
All licenses issued for a kennel or pet shop shall state the purpose for which the establishment is maintained.
B. 
All such licenses shall expire on the last day of June of each year.
[Amended 5-13-1997 by Ord. No. 97-8]
C. 
All such licenses shall be subject to revocation by the Borough Council on recommendation of the State Department of Health or the Board of Health of the Borough for failure to comply with the rules and regulations of the State Department or the Board of Health of the Borough governing the same, after the owner has been afforded a hearing by either the State Department or the Board of Health of the Borough.
The Clerk of the Borough shall forward to the State Department of Health a list of all kennels and pet shops licensed, within thirty (30) days after the licenses therefor are issued. This list shall include the names and addresses of the licensees and the kinds of licenses issued.
[Amended 6-13-1978 by Ord. No. 78-9]
No person owning, keeping, harboring or responsible for the control of any dog shall suffer or permit it to run at large or to be:
A. 
Upon any public street or sidewalk or in any public place or in any public building within the Borough unless such dog is securely controlled by an adequate leash not more than six (6) feet long held by a person able to control said dog; or
B. 
Upon the private property of another without the permission of the owner or other person having dominion over said private property.
[Amended 4-12-1988 by Ord. No. 88-9; 5-13-1997 by Ord. No. 97-8; 10-10-2006 by Ord. No. 06-10]
Purpose: A section to establish requirements for the proper disposal of pet solid waste in the Borough of Hillsdale, so as to protect public health, safety and welfare, and to prescribe penalties for failure to comply.
A. 
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 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.
IMMEDIATE
That the pet solid waste is removed at once, without delay.
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 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 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.
B. 
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.
C. 
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.
D. 
Enforcement: The provisions of this section shall be enforced by the Borough of Hillsdale Police Department and Board of Health.
E. 
Violations and penalties: Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine not to exceed $2,000 or the maximum permitted by law.
No person owning, keeping or harboring a dog shall permit or suffer it to do any injury, or to do any damage to any lawn, shrubbery, flowers, grounds or property of another.[1]
[1]
Editor's Note: Original Sec. 4-21, When muzzle to be used, which immediately followed this section, was deleted 5-13-1997 by Ord. No. 97-8.
[Amended 7-9-1991 by Ord. No. 91-13]
A. 
The Animal Control Officer appointed by the governing body or any police officer shall seize and impound a dog when there is reasonable cause to believe that the dog is vicious, potentially dangerous or shows signs of rabies in accordance with the provisions of N.J.S.A. 4:19-17 through N.J.S.A. 4:19-37.
B. 
N.J.S.A. 4:19-17 through N.J.S.A. 4:19-37, all amendments and supplements thereto and rules and regulations promulgated pursuant to the authority thereof, are incorporated herein and made a part hereof as though set forth at length herein.
C. 
A complete copy of the aforesaid legislation shall be on file in the office of the Borough Clerk and will remain on file there for the use and examination of the public.
[Amended 11-22-1983 by Ord. No. 83-19; 5-13-1997 by Ord. No. 97-8]
The Chief Law Enforcement Officer or such official, police officer or other person designated by the governing body shall annually cause a canvass to be made of all dogs owned, kept or harbored within the limits of the Borough. He or she shall report on or before September 1 of each year to the Borough Clerk, to the Borough 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 such dogs; the number of licensed dogs owned, kept or harbored by each of said persons, together with the registration numbers of each of said dogs; and the number of unlicensed dogs owned, kept or harbored by each of said persons, together with a complete description of each of said unlicensed dogs.
[Amended 7-9-1991 by Ord. No. 91-13; 5-13-1997 by Ord. No. 97-8]
In accordance with the provisions of N.J.S.A. 4:19-17 through N.J.S.A. 4:19-37, it shall be the duty of the Animal Control Officer of the Borough, the Chief Law Enforcement Officer, each police officer of the Borough and the Municipal Health Officer and the Sanitary Inspector to assist in carrying out the provisions of this Article and the provisions for the control of dogs contained in N.J.S.A. 4:19-15.1 through N.J.S.A. 4:19-15.29 and N.J.S.A. 4:19-17 through N.J.S.A. 4:19-37, as amended and supplemented.
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 or 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 said owner is present and forbids the same.
[Amended 7-9-1991 by Ord. No. 91-13; 5-13-1997 by Ord. No. 97-8]
The Animal Control Officer, the Municipal Health Officer or the Sanitary Inspector of the Borough shall be responsible for all dogs and other animals impounded and taken into custody under the terms of this Article and statutes incorporated herein, as amended and supplemented. The Animal Control Officer, Municipal Health Officer or Sanitary Inspector of the Borough shall designate the place where such dogs and animals are to be impounded or held in custody, subject to the approval of the Mayor and Council.
A. 
The Chief Law Enforcement Officer or any official, police officer, or other person designated by the said Chief Animal Control Officer, Municipal Health Officer or Sanitary Inspector shall take into custody or impound or cause to be taken into custody and impounded and thereafter destroyed, offered for adoption or disposed of as hereinafter provided in this section:
(1) 
Any dog at large off the premises of the owner or of the person keeping or harboring said dog; and
(2) 
Any dog off the premises of the owner or of the person keeping or harboring said dog without a current registration tag on its collar or harness.
B. 
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 if the owner or the person keeping or harboring said dog is known, the Chief Law Enforcement Officer or anyone authorized by him or her shall forthwith serve on the person whose address is given on the collar or harness, or on the owner or the person keeping or harboring said dog, if known, a notice, in writing, stating that the dog has been seized and will be liable to be disposed of or destroyed if not claimed within seven (7) days after the service of the notice.
C. 
A notice under Subsection B 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 or her usual or last known place of abode or to the address given on the collar or harness.
D. 
When any dog so seized has been detained for seven (7) days after notice, when notice can be given as above set forth in this section or has been detained for seven (7) days after seizure, when notice has not been and cannot be given as above set forth in this section and if the owner or person keeping or harboring said dog has not claimed said dog and paid all expenses incurred by reason of its detention, including maintenance not exceeding the maximum amount set by the Hillsdale Animal Control Service, and if the dog be unlicensed at the time of the seizure and the owner or person keeping or harboring said dog has not produced a license and registration tag for said dog, the Animal Control officer may cause the dog to be destroyed in a manner causing as little pain as possible.
E. 
The Animal Control Officer shall immediately file, in the office of the Borough Clerk, a written report of the disposal of such dog.
A. 
License fees and other moneys collected or received under the provisions of this Article, except registration tag fees, shall be forwarded to the Borough Chief Financial Officer within thirty (30) days after collection or receipt and shall be placed in a special account separate from any of the other accounts of the Borough. Such moneys shall be used for the following purposes only: for collecting, keeping and disposing of dogs liable to seizure under this Article; for local prevention and control of rabies; for providing anti-rabic treatment under the direction of the Borough Board of Health for any person known or suspected to have been exposed to rabies; for all other purposes prescribed by the statutes of New Jersey governing the subject, and 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 said 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 said special account during the last two (2) fiscal years next preceding.
B. 
The registration tag fee for each dog shall be forwarded within thirty (30) days after collection by the Borough Clerk to the State Department of Health.
[Amended 7-9-1991 by Ord. No. 91-13; 5-13-1997 by Ord. No. 97-8]
Any person who violates or fails or refuses to comply this Article or with the rules and regulations promulgated by the State Department of Health governing the sanitary conduct and operation of kennels, pet shops, shelters and pounds, to preserve sanitation therein and to prevent the spread of rabies and other diseases of dogs within and from such establishments, shall, upon conviction thereof, be punishable as provided in Chapter 226, Penalties.