[HISTORY: Adopted by the Mayor and Council of the Borough of Oaklyn 5-22-1935 by Ord. No. 1-35. Amendments noted where applicable.]
[Amended 1-2-1967 by Ord. No. 1-67; 9-13-1977 by Ord. No. 13-77]
Every person owning, keeping or harboring a dog or dogs within the limits of the Borough of Oaklyn shall on or before January 1 in each year apply to the Borough Clerk for a license for each and every dog so owned, kept or harbored.
Each person applying for a license shall at the time of such application furnish to the Borough Clerk a description of the dog sought to be licensed and shall pay a fee in the amount provided for in Chapter 73, Fees; whereupon said Borough Clerk shall issue to the applicant a license and an official license tag for each such dog, which license tag shall be securely fastened to the licensed dog by means of a collar or harness.
No person shall own, keep, harbor or maintain any animal, as defined in § 55-1 of this Code, over six months of age within the Borough of Oaklyn unless such animal is vaccinated and licensed. The provisions of this subsection do not apply to animals held by a state or federally licensed research facility or veterinary establishment where animals are received and kept for diagnostic, medical, surgical or other treatments or licensed animal shelters, pounds, kennels or pet shops.
[Added 12-27-2006 by Ord. No. No. 18-06]
There shall be permitted no more than five animals, as defined in § 55-1 of this Code, of six months of age or over to be kept or maintained in or on the premises of any home, dwelling, apartment, residential unit or business place within the Borough of Oaklyn.
[Added 12-27-2006 by Ord. No. No. 18-06]
Any person, firm or corporation who shall keep, possess or have custody and control of six or more animals, as defined in § 55-1 of this Code, or any combination thereof amounting to six animals, but not including newborn animals less than six months of age, within the territorial jurisdiction of the Borough of Oaklyn, shall be deemed to be maintaining a cattery, kennel, pet shop, shelter or pound and shall be required to obtain any and all state, county and municipal licenses and permits and to submit to the rules, regulations and jurisdiction of those bodies politic.
[Added 12-27-2006 by Ord. No. No. 18-06]
[Amended 8-7-1940 by Ord. No. 4-40; 9-13-1977 by Ord. No. 13-77]
Every person owning or breeding dogs for the purpose of selling or showing the same or maintaining a kennel for dogs within the limits of the Borough of Oaklyn, whether breeding, buying or otherwise obtaining dogs for the purpose of such kennel or for the sale or showing of the same, shall pay a fee as required in Chapter 73, Fees, for each such kennel or place of business in the Borough.
Application for such license shall be made to the Borough Clerk in writing, which application shall give a description of the premises sought to be licensed, the name or names of the owner or owners of such kennel and the approximate number of dogs usually maintained thereon.
The license fee for each kennel shall be paid to the Borough Clerk when such application is filed.
Such application shall be submitted by the Borough Clerk to the Mayor and Borough Council, which shall either approve the same and authorize the Borough Clerk to issue such license or shall disapprove the same. If said application is disapproved, the license fee shall then be refunded to the applicant by the Borough Clerk.
No such license shall be issued, however, if any part of the kennel referred to in the application shall be within 100 feet of the adjoining premises or of the property line of the adjoining premises, nor if any part of said kennel shall be within 100 feet of any public building, street, thoroughfare, church, theater, school or other public building.
[Added 8-7-1940 by Ord. No. 4-40]
No person or persons shall permit within the Borough of Oaklyn, either upon his premises or upon premises occupied by him or in any other place, the barking, snarling or growling of dogs owned by him or under his control in a loud or disturbing manner which tends to disturb the public peace.
Any person who keeps or harbors any dog on his or her premises or who permits any dog to remain there shall be deemed, for the purpose of this article, to be the owner of such dog.
All licenses issued under the provisions of this article shall expire on December 31 of each year.
[Amended 7-12-1983 by Ord. No. 8-83]
No person owning, having charge, care, custody or control of any dog shall cause, permit or allow the same to be or to run at large upon any street, alley or other place, or upon any private property or premises other than those of the person owning or having charge, care, custody or control of such dog within the Borough, unless such dog is restrained by a substantial chain or leash and is in charge and control of a person physically and mentally competent to control said dog.
[Amended 7-11-1961 by Ord. No. 5-61; 9-13-1977 by Ord. No. 13-77]
Any dog or dogs found running at large may be seized by such person or persons as the Borough Council may from time to time appoint for that purpose. Any dog or dogs so seized shall be impounded, and a charge for the impounded dog plus a charge for each day that the dog is impounded shall be paid by the person claiming the impounded dog in the amount provided for in Chapter 73, Fees. If the impounded dog is not claimed within seven days, then the dog may be destroyed by such person or persons as the Borough shall direct.
[Added 7-12-1983 by Ord. No. 8-83; amended 7-8-2003 by Ord. No. 9-03]
Any dog which has attacked or bitten any human being or which habitually attacks other dogs or domestic animals is hereby defined to be a "potentially dangerous dog." For the purpose of this section, it shall be the duty of the Police Department to receive and investigate complaints against such dogs, and when any dog complained against shall be deemed by such Police Department to be a potentially dangerous dog as herein defined, the Police Department shall report the facts to the Municipal Judge of the Borough, who shall thereupon cause the owner or person harboring such dog to be notified in writing of the complaint against such dog and to appear before the Municipal Judge at a stated time and place. The Judge at the time set for the hearing shall inquire into the facts and give all interested parties and persons an opportunity to be heard, under oath, and to be represented by counsel, and the Judge shall, in accordance with evidence before him, determine whether or not such dog is a potentially dangerous dog. If such a finding is made, notice of said decision shall be given to the owner or persons harboring said dog. No dog which has been so determined to be a potentially dangerous dog shall be permitted to run at large or 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 potentially dangerous dog, who shall suffer or permit such dog to run at large or be upon any street or public place in the Borough while not securely muzzled and under leash shall be guilty of a violation of this section.
[Added 7-8-2003 by Ord. No. 9-03]
Every person who shall own, keep or harbor any dog or dogs, either male or female, within the boundaries of the Borough of Oaklyn, which have been adjudicated to be potentially dangerous dogs by the Municipal Court of the Borough of Oaklyn, or by any court of competent jurisdiction within the State of New Jersey, pursuant to N.J.S.A. 4:19-24, shall apply for and procure from the Borough Clerk a license and official red metal registration tag for such dog and pay for said license a fee of $700. Additionally, the applicant shall also pay any additional fee or fees imposed by statute for the benefit of a special fund or funds, pertaining to dogs, such fee or fees to be disposed of as provided by statute.
[Amended 9-13-1977 by Ord. No. 13-77; 12-27-1990 by Ord. No. 18-90; 2-15-1994 by Ord. No. 2-94; 12-28-2010 by Ord. No. 19-10]
Any person who violates or refuses to comply with any part of any section of 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 prevent the spread of rabies and other diseases of dogs within and from such establishments, shall be liable to a fine and/or penalty of not less than $150 for each offense, together with the proof of acquisition of any license that may be required under this article. Each day that a violation occurs shall be deemed a separate and distinct violation, subject to the penalty provisions of this section.
[Added 12-27-1990 by Ord. No. 18-1990]
No person who owns, keeps, harbors, walks or has custody of a dog shall permit, cause, suffer or allow such dog to defecate upon, soil, defile or commit any nuisance of any kind on any public or private property without the express permission of the owner of such property.
In the event that a dog shall soil, defile or defecate upon any public or private property, the owner, keeper, harborer and/or person having custody of said dog shall immediately remove and sanitarily dispose of said dog's feces and droppings deposited by such dog, which removal shall be by a shovel, container, disposal bag or any other sanitary manner.
A person who owns, keeps, harbors or has custody of a dog shall maintain such person's property in a sanitary manner so as to prevent any noxious odors, attraction of insects, attraction of vermin breeders and any other public health nuisance.
[Adopted 11-10-2015 by Ord. No. 16-15]
As used in this article, the following terms shall have the meanings indicated:
- ANIMAL CARE FACILITY
- An animal control center or animal shelter, maintained by or under contract with any state, county, or Borough of Oaklyn, whose mission and practice is, in whole, or significant part, the rescue and placement of animals in permanent homes or rescue organizations.
- ANIMAL RESCUE ORGANIZATION
- Any not-for-profit organization which 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.
- A member of the species of domestic dog, Canis familiaris.
- 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.
- PET SHOP
- A retail establishment where dogs are sold, exchanged, bartered or offered for sale as pet animals to the general public at retail. Such definition shall not include an animal care facility or animal rescue organization, as defined.