A.
BOROUGH
DOG
DOG OF LICENSING AGE
KENNEL
OWNER
PERSON
PET SHOP
POUND
SHELTER
Definitions. The words hereinafter defined shall have
the meaning herein indicated for the purposes of this chapter, as
follows:
Borough of Netcong in the County of Morris.
Any dog, bitch or spayed bitch.
Any dog which has attained the age of seven months or which
possesses a set of permanent teeth.
Any establishment wherein or whereon the business of boarding
or selling dogs or breeding dogs for sale is carried on, except a
pet shop.
When applied to the proprietorship of a dog, includes every
person having a right of property in such dog and every person who
has such dog in his keeping.
Any individual, firm, partnership, corporation or association
of persons.
Any room or group of rooms, cage or exhibition pen not part
of a kennel, wherein dogs for sale are kept or displayed.
An establishment for the confinement of dogs seized either
under the provisions of this chapter or otherwise.
Any establishment where dogs are received, housed and distributed
without charge.
B.
Usage.
(1)
The words "and" and "or" may be used interchangeably,
and either of the two may be applicable, whichever is more conducive
toward the effectuating of this chapter.
(2)
Personal pronouns shall mean either the singular or
the plural, whichever is applicable and conducive toward the effectuating
of this chapter.
(3)
The masculine, feminine or the neuter gender shall
be implied, whichever is appropriate and conducive for the effectuating
of this chapter.
No person shall keep or harbor any dog within
the Borough of Netcong in the County of Morris without first obtaining
a license therefor, to be issued by the Clerk of the Borough upon
application by the owner and payment of the prescribed fee, and no
person shall keep or harbor any dog in said Borough except in compliance
with the provisions of this chapter.
Any person who shall own, keep or harbor a dog
of licensing age shall in the month of January of each year apply
for and procure from the Clerk of the Borough a license and official
metal registration tag for each said dog so owned, kept or harbored,
and shall place upon each such dog a collar or harness with the registration
tag securely fastened thereto.
[Amended 5-10-1983; 11-7-1991]
A.
Fees and expiration.
(1)
The person applying for the license and registration
tag or for a renewal of such license and registration tag shall pay
the appropriate fee for each dog as follows:
(a)
One-year local license: $12.
[Amended 5-13-2004 by Ord. No. 2004-8; 9-6-2007 by Ord. No.
2007-16]
(b)
One-year local license for a potentially dangerous
dog: $700.
(c)
State registration tag: $1.
(d)
State pilot clinic fee: $0.20.
(e)
State surcharge (for those dogs for which proof
of alteration has not been provided): $3.
(2)
Such license, registration tag and renewals thereof
shall expire on the last day of January in each year.
B.
Any person who shall own, keep or harbor an unlicensed
dog of licensing age after the last day of January of the year in
which the license and registration tag expire shall be required to
pay a delinquent licensing fee of $5 for each license applied for.
In the event that a license is not applied for by March 1, an additional
delinquent fee of $1 per month, per license, shall be added until
the license(s) is obtained. Said delinquent fees shall be in addition
to the regular license fee as provided for herein. The payment of
the delinquent licensing fee shall not, in any manner, relieve the
person from liability for prosecution for violation of this chapter
before the Municipal Court.
C.
Dogs used as guides for blind persons and commonly
known as "Seeing Eye dogs," or dogs used to assist deaf persons and
commonly known as "Hearing Ear dogs," shall be licensed and registered
as other dogs hereinabove provided for, except that the owner or keeper
of such dog shall not be required to pay any fee therefor.
The owner of any newly acquired dog of licensing
age or of any dog which attains licensing age shall make application
for a license and registration tag for such dog within 10 days after
such acquisition or age attainment.
The application shall state the breed, sex,
age, color and markings of the dog for which license and registration
are sought, and whether it is a long- or short-haired variety; also
the name, street and post office address of the owner and the person
who shall keep or harbor such dog. The information on said application
and the registration number issued for the dog shall be preserved
for a period of three years by the Clerk of the borough. In addition,
he shall forward similar information to the State Department of Health
each month, on forms furnished by the said Department. Registration
numbers shall be issued in the order of the applications.
A.
Any person who shall bring or cause to be brought into the Borough of Netcong in the County of Morris 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 such dog shall be licensed under § 105-9 of this chapter.
B.
Any person who shall bring or cause to be brought into the borough any unlicensed dog and who 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 such dog be licensed under § 105-9 of this chapter.
No person, except an officer in the performance
of his duties, shall remove the 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.
A.
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
of the borough for a license entitling him to keep or operate such
establishment.
B.
The application shall describe the premises where
the establishment is located or is proposed to be located and the
purpose or purposes for which it is to be maintained and shall be
accompanied by the written approval of the Health Officer of the Board
of Health of the borough, showing compliance with the local and state
rules and regulations governing location of and sanitation at such
establishments.
C.
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 January of each
year and be subject to revocation by the Borough Council on recommendations
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.
D.
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.
The annual license fee for a kennel providing
accommodations for 10 or fewer dogs shall be $10, and for more than
10 dogs shall be $25. The annual license fee for a pet shop shall
be $10. No fee shall be charged for a shelter or pound.
No dog kept in a kennel, pet shop, shelter or
pound shall be permitted off such premises except on leash or in a
crate or other safe control.
[Amended 11-7-1991]
A.
License fees and other moneys collected or received
under the provisions of this chapter, except registration tag fees,
pilot clinic fees and state surcharge fees for unaltered dogs, shall
be forwarded to the Treasurer of the borough 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 which shall be used
for the following purposes only: for collecting, keeping and disposing
of dogs liable to seizure under this chapter; for local prevention
and control of rabies; for providing antirabic treatment under the
direction of the local 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 chapter. 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 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 fiscal years next
preceding.
B.
The state registration tag for each dog shall be forwarded
within 30 days after collection by the Clerk to the State Department
of Health.
C.
The state pilot clinic fee for each dog and the state
surcharge fee for unaltered dogs shall be forwarded by the Clerk to
the State Treasurer.
The Clerk of the borough shall forward to the
State Department of Health a list of all kennels, pet shops, shelters
and pounds licensed, within 30 days after the license therefor are
issued, which list shall include the name and address of the licensee
and the kind of license issued.
[Amended 2-11-1999 by Ord. No. 99-1]
The Animal Control Officer of the borough shall
biennially cause a canvass to be made of all dogs owned, kept or harbored
within the limits of the borough and shall report, on or before September
1 of the year in which the census is taken, to the Clerk of the borough,
the Board of Health of the borough 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 2-11-1999 by Ord. No. 99-1]
The Borough Council shall appoint a certified
animal control officer who shall be responsible for the enforcement
of the provisions of this chapter and for animal control within the
borough. The animal control officer is authorized to investigate and
sign complaints, arrest violators and otherwise act as an officer
for detection, apprehension and arrest of offenders against the animal
control, animal welfare and animal cruelty laws of the state and ordinances
of the borough.
[Amended 2-11-1999 by Ord. No. 99-1]
A.
The animal control officer of the borough shall take
into custody and impound, or cause to be taken into custody and impounded,
and thereafter destroyed or disposed of as provided in this section:
(1)
Any dog off the premises of the owner or of the person
keeping or harboring said dog which said official or his agent or
agents have reason to believe is a stray dog;
(2)
Any dog off the premises of the owner or of the person
keeping or harboring said dog without a current registration tag on
his collar;
(3)
Any female dog in season off the premises of the owner
or of the person keeping or harboring said dog;
(4)
Any dog or other animal which is suspected to be rabid;
and
(5)
Any dog or other animal off the premises of the owner
reported to or observed by the animal control officer to be ill, injured
or creating a threat to public health, safety or welfare, or otherwise
interfering with the enjoyment of property,
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 said dog is known, the animal control officer shall forthwith
serve on the person whose address is given on the collar, 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 days after
the service of the notice.
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 post in a prepaid letter
addressed to the person at his usual or last known place of abode
or to the address given on the collar.
D.
The animal control officer may cause an animal to
be destroyed in a manner causing as little pain as possible and consistent
with the provisions of N.J.S.A. 4:22-19 or to be offered for adoption
seven days after seizure, provided that:
(1)
Notice is given as set forth above and the animal
remains unclaimed; or
(2)
The owner or person keeping or harboring the animal
has not claimed the animal and paid all expenses incurred by reason
of its detention, including a pickup fee of $10 and maintenance costs
not exceeding $4 per day; or
(3)
The owner or person keeping or harboring a dog which
was unlicensed at the time of seizure does not produce a license and
registration tag for the dog. At the time of adoption, the right of
ownership in the animal shall transfer to the new owner.
Any officer or agent authorized or employed
to perform any duty under this chapter is hereby authorized to go
upon any premises to seize for impounding any dog or dogs which he
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.
No person shall hinder, molest or interfere
with anyone authorized or empowered to perform any duty under this
chapter.
No person owning, keeping or harboring any dog
shall suffer or permit it to run at large upon the public streets
or in any public park or in any public building or in any other public
place within the Borough of Netcong in the County of Morris.
No person owning, keeping or harboring any dog
shall suffer or permit it to be upon the public streets or in any
of the public places of the Borough of Netcong 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.
A.
No person owning, keeping or harboring any dog over
the age of two months shall, during the months of July, August and
September in each year, permit it upon a public highway or outside
of the premises occupied by said owner unless such dog wears a muzzle
securely fastened over its jaws in such a manner that it cannot bite.
B.
The Borough Council may also designate any other times
during which dogs outside the premises shall be muzzled, such designation
to be by publication at least three times in a newspaper in which
legal notices of the borough may be published; and after such publication
no person owning, keeping or harboring a dog shall permit it upon
a public highway, public place or outside the premises occupied by
the owner, during the period designated, unless such dog wears a muzzle
securely fastened over its jaws in such a manner that it cannot bite.
No person owning, keeping or harboring a dog
shall permit or suffer it to do any injury or do any damage to any
lawn, shrubbery, flowers, grounds or property.
[Amended 11-7-1991]
The provisions of P.L. 1989, c. 307,[1] and any amendments made thereto shall apply to the owners
of vicious or potentially dangerous dogs.
[1]
Editor's Note: See N.J.S.A. 4:19-17 et seq.
Any person who violates or refuses to comply
with any of the provisions of this chapter 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 prevent the spread of rabies and
other diseases of dogs within and from such establishments shall upon
conviction thereof be punishable by a fine not to exceed $500 or by
imprisonment for a term not to exceed 90 days, or by both such fine
and imprisonment.
