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Borough of Essex Fells, NJ
Essex County
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Table of Contents
Table of Contents
[Adopted 5-21-1968 by Ord. Ord. No. 374 (Ch. 6.04 of the 1992 Code)]
The Borough Clerk is designated, pursuant to N.J.S.A. 4:19-15.2, to license dogs in the Borough.
[Amended 12-21-1982 by Ord. No. 82-472; 9-19-1989 by Ord. No. 89-554; 12-20-1994 by Ord. No. 94-636; 12-11-2002 by Ord. No. 2002-752; 12-30-2008 by Ord. No. 2008-864]
A. 
Effective January 1, 2009, the sum to be paid annually for a dog license and each renewal thereof is fixed at the sum of $20 for spayed/neutered and $23 nonspayed/nonneutered in accordance with N.J.S.A. 4:19-15.12. The late fee for a dog license is $10 after March 1 of the licensing year. The fee for the issuance of a duplicate license is $5. The penalty for a violation of this subsection shall be $50.
[Amended 4-15-2014 by Ord. No. 2014-949]
B. 
Renewal dog license applications may be mailed in, as long as appropriate postage is included on a self-addressed envelope.
C. 
All fees collected pursuant to this section are nonrefundable.
D. 
The ordinances of the Council, when duly and properly adopted, shall become and be part of this section by reference, to the same effect and with the same force as if set forth here in full and at length.
[Added 11-17-2009 by Ord. No. 2009-878]
Seeing Eye dogs, dogs used to assist handicapped persons and commonly known as "service dogs" and dogs used to assist deaf persons and commonly known as "hearing ear" dogs are exempt from licensing fees.
[Amended 2-20-2001 by Ord. No. 2001-724; 2-19-2002 by Ord. No. 2002-738; 10-16-2012 by Ord. No. 2012-934]
A. 
No dog shall be permitted to be upon any streets or roads, parks or other public place in the Borough unless the dog is on leash held by a responsible person.
B. 
No dog shall be permitted by the owner or the person harboring or keeping the dog to be upon the lands of any person other than the person owning, harboring, keeping or having charge of such dog without the consent of the owner of such lands.
C. 
No dog shall be permitted by the owner or the person having charge of such dog to be upon any school or Borough playing field.
D. 
The penalty for a violation of this section shall be:
[Added 4-15-2014 by Ord. No. 2014-949]
(1) 
First offense: $50.
(2) 
Second offense: $75.
(3) 
Third offense: $100.
(4) 
Fourth and subsequent offenses: $150.
[Amended 11-17-2009 by Ord. No. 2009-878]
No person who owns, harbors or keeps any dog shall suffer or permit such dog to annoy the persons living in his or her neighborhood by continuous barking or howling as provided in Chapter 185, Noise.
[Amended 6-20-1995 by Ord. No. 95-646; 4-15-2014 by Ord. No. 2014-949]
No person who owns, harbors or keeps any dog shall suffer or permit the dog to damage, destroy, defecate or urinate upon the shrubbery, trees, bushes, lawns, gardens or other property of any other person or school within the Borough. The penalty for a violation of this section shall be $50.
A. 
The Chief of Police of the Borough, or such other person as may be appointed for the purpose by the Mayor and Council of the Borough, shall take into custody and impound or cause to be taken into custody and impounded, and thereafter disposed of or destroyed as provided in this section, any dog which the owner or person harboring or keeping the dog has permitted to run at large in violation of § 78-4 of this chapter.
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 the owner or the person keeping or harboring the dog is known, the Chief of Police or other person appointed for that purpose 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 is impounded and is liable to be disposed of or destroyed if not claimed within seven days after the service of the notice.
[Amended 11-17-2009 by Ord. No. 2009-878]
C. 
A notice under 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 certified mail, return receipt requested, in an envelope with proper postage thereon prepaid addressed to that person at his usual or last known place of abode, or to the address given on the collar.
D. 
When any dog so seized has been detained for seven days after notice, when notice can be given as above set forth, or has been detained for seven days after seizure when no notice can be given, as above set forth, and if the owner or the person keeping or harboring the dog has not within the period of time claimed the dog and paid the expenses incurred by reason of its detention, which shall be $5 for the seizure of the dog and $3 for each day that it is impounded, the Chief of Police or such other person appointed for that purpose may cause the dog to be destroyed in a manner causing as little pain as possible, or may place the dog in the custody of any person volunteering to take the dog and keep him in accordance with the provisions of this article if the dog is to be kept in this Borough, or with the provisions of N.J.S.A. 4:19-15.1 et seq. and amendments or supplements thereto if not to be kept within this Borough, after the person pays expenses of his seizure and impounding as set forth in this section.
[Amended 11-17-2009 by Ord. No. 2009-878]
[Amended 4-19-1983 by Ord. No. 83-476; 12-21-1993 by Ord. No. 93-623; 3-17-1998 by Ord. No. 98-685; 11-17-2009 by Ord. No. 2009-878]
Any person who violates this article or any of the terms or provisions thereof, or does any act or thing prohibited in this article, or neglects, fails or refuses to do any act or thing required by this chapter to be done shall be punishable as provided in Chapter 1, Article III, General Penalty.