Borough of Old Tappan, NJ
Bergen County
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Table of Contents
Table of Contents
[Adopted 5-26-1975 as Ch. VI of the 1975 Code]
The following words and terms shall have the meanings herein indicated for the purposes of this chapter:
ANIMAL
Dog or cat.
ANIMAL CONTROL AUTHORITY
Any person or agency designated or certified by the State of New Jersey to enforce the provisions of this article.
CAT
Any member of the domestic feline species; male, female or neutered.
CAT OF LICENSING AGE
Any cat which has attained the age of seven months, or which possesses a set of permanent teeth.
CATTERY
Any room or group of rooms, cage or exhibition pen, not part of a kennel, wherein cats for sale are kept or displayed.
DOG
Any dog, bitch or spayed bitch.
DOG OF LICENSING AGE
Any dog which has attained the age of seven months or which possesses a set of permanent teeth.
KEEPER
Any person exercising control over a dog or permitting a dog to remain on premises under his/her control.
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.
LICENSING AUTHORITY
The agency or department of the Borough of Old Tappan, or any designated representative thereof, charged with administering the issuance and/or revocation of permits and licenses under the provisions of this article.
NEUTERED
The rendering of an animal permanently incapable of reproduction, as certified by a licensed veterinarian.
OWNER
When applied to the proprietorship of an animal, includes every person having a right of property or custody in such animal and every person who has such animal in his/her keeping, or who harbors or maintains an animal or knowingly permits it to remain on or about any premises occupied by that person.
PET SHOP
Any room or group of rooms, cage or exhibition pen, not part of a kennel, wherein dogs for sale are kept or displayed.
POUND
An establishment for the confinement of dogs seized either under the provisions of this article or otherwise.
SHELTER
Any establishment where dogs are received, housed and distributed without charge.
VICIOUS DOG
Any dog which has been declared by a Municipal Judge to be a vicious dog or which has attacked or bitten any human being on more than three separate occasions within a period of a year, or which habitually attacks other dogs or domestic animals.
A. 
License, when required. Licenses shall be required for the following animals of licensing age:
(1) 
Dogs.
(a) 
Any dog owned or kept within the Borough by a resident of the Borough on the first day of February of any calendar year.
(b) 
Any dog acquired by any person during the course of any calendar year and kept within the Borough for more than 10 days after acquisition.
(c) 
Any dog attaining licensing age during the course of the calendar year.
(d) 
Any unlicensed dog brought into the Borough by any person and kept within the Borough for more than 10 days.
(e) 
Any dog licensed by another state brought into the Borough by any person and kept within the Borough for more than 90 days.
(2) 
Cats.
(a) 
Cats must have a license number displayed. Any person who shall own, keep or harbor a cat of licensing age shall annually apply for and procure from the Borough Clerk, or other official designated by the Borough Council thereof to license cats in the Borough, a license and official registration tag with license number, or a registration sleeve for each cat so owned, kept or harbored.
(b) 
Time for applying for license. The owner of any newly acquired cat of licensing age, or of any cat which attains licensing age, shall make application for license tag or sleeve for such cat within 10 days after such acquisition or age attainment. This requirement will not apply to a nonresident keeping a cat within the Borough for no longer than 90 days.
(c) 
Cats brought into jurisdiction.
[1] 
Any person who shall bring, or cause to be brought into the Borough, any cat licensed in another state for the current year and bearing registration tag or sleeve, and 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 or sleeve for such cat.
[2] 
Any resident who shall bring or cause to be brought into the Borough any unlicensed cat, and shall keep same or permit same to be kept within the Borough for a period of more than 10 days, shall immediately apply for a license and registration tag or sleeve for each such cat.
(3) 
Cat licensed in another municipality. Only one license and registration tag or sleeve shall be required in the licensing year for any cat in the Borough. Any valid license tag issued by a New Jersey municipality shall be accepted by the Borough as evidence of compliance with this article.
(4) 
Display of license. Each owner shall place upon such licensed cat a collar or other device with the license number securely fastened or displayed thereto. Acceptable methods of displaying license numbers shall include, but are not limited to, breakaway or elastic collars. License tags or sleeves are not transferable.
B. 
Application for license. Each application for a license under this article shall give the following information:
(1) 
A general description of the animal sought to be licensed, including breed, sex, age, color and markings, and whether such animal is of a long- or short-haired variety.
(2) 
Name, street and post office address of the owner or keeper of such animal.
C. 
Application for license, when made. Applications for licenses and registration tags for dogs which are required to be licensed by the provisions of Subsection A(1)(a) above, should be made before the first day of March of each calendar year. In all cases, the application for license should be made within 10 days of the day upon which the dog or cat in question first becomes subject to the provisions of this article.
[Amended 12-5-2011 by Ord. No. 1040-11]
D. 
Licenses and tags.
(1) 
Dogs. Registration numbers shall be issued in the order in which applications are received.
(2) 
Cats. License forms and official tags or sleeves shall be furnished by the Borough and shall be numbered serially, and shall bear the year of issuance and the name of the Borough.
E. 
License record.
(1) 
Dogs. The information on all applications under this article and the registration number issued to each licensed dog shall be preserved for a period of three years by the Health Department. In addition, it shall forward similar information to the State Department of Health each month on forms furnished by the Department.
(2) 
Cats. The information on the application and the registration number issued for the cat shall be preserved for a period of three years by the Borough Clerk or other local official designated to license cats in the Borough.
F. 
Fees.
[Amended 5-8-2000 by Ord. No. 719-00; 3-19-2007 by Ord. No. 932-07]
(1) 
Dogs. The person applying for a license shall pay a fee of $12 for each dog to be licensed, which includes the sum of $1.20 for the State of New Jersey registration fee for each license issued. There shall be an additional fee of $3 for each dog not neutered or spayed. Persons who fail to obtain a license within the time period specified in this article shall be subject to a delinquent fee of $5 for the first month that the person fails to obtain a license and an additional delinquent fee of $2 for each additional month that the person fails to obtain a license. Renewal fees shall be the same as for the original license.
(2) 
Cats. The person applying for a license shall pay a fee of $12 for each cat to be licensed. There shall be an additional fee of $3 for each cat not neutered or spayed. Persons who fail to obtain a license within the time period specified in this article shall be subject to a delinquent fee of $5 for the first month that the person fails to obtain a license and an additional delinquent fee of $2 for each additional month that the person fails to obtain a license. Renewal fees shall be the same as for the original license.
(3) 
Disposition of dog and cat licensing fees. Dog and cat licensing fees and other moneys collected or received under the provisions of this article shall be forwarded to the Borough Treasurer, and shall be placed in the dog and cat revenue account.
G. 
Expiration date.
[Amended 12-5-2011 by Ord. No. 1040-11]
(1) 
Dogs. Each dog license, registration tag or sleeve, and renewal thereof, shall expire on the last day of February of each calendar year.
(2) 
Cats. Each cat license, registration tag or sleeve, and renewal thereof, shall expire on the last day of February of each calendar year.
H. 
Rabies inoculation.
(1) 
Dogs. Each application for a dog license shall be accompanied by a certificate of inoculation against rabies pursuant to the provisions contained in § 91-19, otherwise no license and registration tag for the dog in question shall be issued.
(2) 
Evidence of inoculation with rabies vaccine or certification of exemption required for license. The Borough Clerk or other official designated by the Borough Council of the Borough to license cats therein shall not grant any such license and official registration tag or sleeve for any cat, unless the owner thereof provides evidence that the cat 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 United States Department of Agriculture and the United States Department of Human Services, or has been certified exempt as provided in Subsection H(3)(d) below.
(3) 
Provisions relating to rabies vaccination of cats.
(a) 
Vaccination and license requirements. No person shall own, keep, harbor or maintain any cat over seven months of age within the Borough unless such cat is vaccinated and licensed. The provisions of this subsection do not apply to cats held in a cattery or those held by a state or federal licensed research facility, a veterinary establishment where cats are received or kept for diagnostic, medical, surgical or other treatments, or licensed animal shelters, pounds, kennels or pet shops.
(b) 
Vaccination. All cats shall be vaccinated against rabies by a licensed veterinarian in accordance with the latest "Compendium of Animal Rabies Vaccines and Recommendations for Immunization," published by the National Association of State Public Health Veterinarians, except as provided for in Subsection H(3)(d) below.
(c) 
Vaccination certificate. A certificate of vaccination shall be issued to the owner of each animal vaccinated on a form recommended by the state.
(d) 
Exemptions. Any cat may be exempted from the requirements of such vaccination for a specified period of time by the local Board of Health, upon presentation of a veterinarian's certificate stating that because of an infirmity or other physical condition, or regimen of therapy, the inoculation of such cat shall be deemed inadvisable.
I. 
Exceptions. The provisions of this article shall not apply to any dog licensed under § 91-12 of this article. Dogs used as guides for blind persons and commonly known as "Seeing Eye dogs" shall be licensed in the same manner as other dogs, except that the owner or keeper shall not be required to pay any fee.
J. 
Loss of license. If a license tag or sleeve has been misplaced or lost, the Borough Clerk may issue a duplicate license and/or registration sleeve for that particular animal at a fee of $3.
K. 
Proof of licensing. Proof of licensing shall be produced by any person owning, keeping, maintaining or harboring a cat, upon the request of any health official, police officer, animal control officer or other authorized person.
A. 
License required. Any person who keeps or operates or proposes to establish a kennel, pet shop, shelter or pound shall apply to the Health Officer for a license entitling him/her to keep or operate such establishment. 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.
B. 
Application information. The application shall contain the following information:
(1) 
The name and permanent and local address of the applicant.
(2) 
The street address where the establishment is located, or proposed to be located, together with a general description of the premises.
(3) 
The purposes for which it is to be maintained.
(4) 
The maximum number of dogs to be accommodated by such establishment at any one time.
C. 
License term. 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.
D. 
License fees. The annual license fees for kennel and pet shop licenses shall be as follows:
(1) 
Kennel accommodating 10 or fewer dogs: $25.
(2) 
Kennel accommodating more than 10 dogs: $50.
(3) 
Pet shop: $15.
[Amended 5-17-2004 by Ord. No. 850-04]
(4) 
Shelter or pound: no fee.
E. 
Compliance with state regulations.
(1) 
All licenses issued for a kennel, pet shop, shelter or pound shall be subject to revocation by the Health Department on recommendation of the State Department of Health for failure to comply with the rules and regulations of state law, after the owner has been afforded a hearing by either the State Department of Health or the Health Department.
(2) 
Any person holding a license to establish, keep or operate a kennel, pet shop, shelter or pound shall comply with all Borough ordinances and the rules and regulations promulgated by the State Department of Health governing the sanitary conduct and operation of kennels, pet shops, shelters and pounds, the preservation of sanitation therein and the prevention of the spread of rabies and other diseases of dogs within and from such establishments.
F. 
Reports to State Health Department. The Health Officer 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.
G. 
Control of dogs off premises. 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.
A. 
License fees and other moneys collected or received under the provisions of this article, except the registration tag fees, shall be forwarded to the Borough Treasurer 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 shall be used for the following purposes only: collecting, keeping and disposing of dogs liable to seizure under this article; local prevention and control of rabies; providing anti-rabies treatment under the direction of the Health Officer for any person known or suspected to have been exposed to rabies; 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 article. At the end of the 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 the special account during the last two fiscal years next preceding.
B. 
The registration tag fee of $0.50 for each dog shall be forwarded within 30 days after collection to the State Department of Health.
An annual canvass shall be made of all dogs owned, kept or harbored within the limits of the Borough, and the results thereof shall be reported to the State Department of Health setting forth in separate columns the names and addresses of persons owning, keeping or harboring dogs, the number of licensed dogs owned, kept or harbored by each person, together with the registration number of each dog; the number of unlicensed dogs owned, kept or harbored by each person, together with a complete description of each unlicensed dog.
A. 
Complaint; investigation; report. It shall be the duty of the Health Department to receive and investigate complaints against dogs. If it is deemed by the Health Officer on evidence submitted that a dog is vicious, as defined in § 91-10, the Health Officer shall report his findings in writing to the Municipal Judge.
B. 
Notice; hearing. The Municipal Judge shall notify in writing the owner or keeper of an allegedly vicious dog that a complaint has been made and require such person to appear before him at a stated time and place for a hearing. The Judge shall conduct the hearing in the same manner as he would conduct the trial of a criminal case. If the Judge decides that the dog complained of is a vicious dog, he shall so notify the owner or keeper of the dog.
C. 
Control of vicious dogs. No person owning or keeping a dog which has been determined to be a vicious dog shall permit such dog to be off the property of the owner or keeper without being securely muzzled and secured by a leash no longer than six feet.
A. 
Causes for impounding. The Health Officer or other authorized official shall take into custody and impound, or cause to be taken into custody and impounded, any of the following dogs:
(1) 
Any unlicensed dog running at large in violation of the provisions of this article.
(2) 
Any dog off the premises of the owner of or the person keeping or harboring such dog which the Health Officer or his agent has reason to believe is a stray dog.
(3) 
Any dog off premises of the owner of or the person keeping or harboring such dog without a current registration tag on its collar.
(4) 
Any female dog in season off the premises of the owner of or the person keeping or harboring such dog.
(5) 
Any dog which has been determined to be a vicious dog as provided in § 91-15 that is unmuzzled or running at large, provided that the dog may be seized by the Health Officer or other authorized official, and provided further that if the dog cannot be seized with safety, it may be killed.
B. 
Access to premises. 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 which he may lawfully seize and impound when such officer is in immediate pursuit of such dog, except upon the premises of the owner of the dog if the owner is present and forbids same.
C. 
Notice of seizure.
(1) 
If any dog so impounded or seized wears a registration tag, collar or harness having inscribed thereon or attached thereto the name and address of any person or the owner of, or the person keeping or harboring the dog is known, the Health Officer shall immediately serve on the person whose address is given on the collar, or on the person owning, keeping or harboring the dog, 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 service of the notice.
(2) 
A notice under this subsection 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 usual or last known place of abode, or to the address given on the collar.
D. 
Disposition of unclaimed dogs. The Health Officer or his agent is authorized and empowered to cause the destruction of any unclaimed dog, in as humane a manner as possible, under any of the following contingencies:
(1) 
When any dog so seized has not been claimed by the person owning, keeping or harboring such dog within seven days after notice or within seven days of the dog's detention when notice has not been or cannot be given, as set forth in the previous subsection.
(2) 
If the person owning, keeping or harboring any dog so seized has not claimed the dog and has not paid any required penalty.
No person shall own, keep or harbor a dog in the Borough except in compliance with the provisions of this article and the following regulations:
A. 
Wearing of registration. All dogs for which licenses are required by the provisions of this article to be licensed shall wear a collar or harness with the registration tag for such dog securely fastened thereto.
B. 
Use of registration tags. No person, except an officer in the performance of his 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.
C. 
Interference with official duties. No person shall hinder, molest or interfere with anyone authorized or empowered to perform any duty under this article.
D. 
Disturbing the peace. No person shall own, keep, harbor or maintain any dog which habitually barks or cries between the hours of 10:00 p.m. and 6:00 a.m., or which by frequent barking disturbs the peace and quiet of the neighborhood and creates a nuisance thereby.
E. 
Running at large in public places. 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 or on another's property without permission of the property's owner.
F. 
Leashing of dogs. 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 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.
G. 
Property damage. 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.
H. 
Bringing dogs on certain premises. No person shall keep, permit to be kept, bring or permit any dog to be brought in or into any store or other building or portion thereof, which members of the public at large are invited or expected to enter and frequent. Nothing in this article shall be deemed to prohibit the keeping or bringing of any dog on, in or into the premises of his owner.[1]
[1]
Editor's Note: Editor’s Note: Former Subsection I, Commission of nuisance prohibited, which immediately followed this subsection, was repealed 9-19-2005 by Ord. No. 888-05. See now Article I, Pet Waste.
Where it has been determined by a physician that a person has been bitten by a dog, such individual, or his parent or guardian if he is a minor, shall immediately notify the police or the Health Officer. When the owner or keeper of any dog shall be notified by the Health Officer that the dog has bitten any individual or individuals, the owner or keeper of the dog must comply with the following procedures:
A. 
Have the dog kept in quarantine in the owner's home or at a kennel at the owner's expense, for a period of 10 days. Any symptoms denoting rabies or any unusual behavior must be immediately reported to the Health Officer.
B. 
At the end of 10 days have the dog examined by the Health Officer.
A. 
Mandatory inoculation. Except as otherwise provided in Subsection D hereof, no person shall own, harbor or keep any dog within the municipal limits of the Borough which is not inoculated against rabies.
B. 
Periods of inoculation. A dog shall be inoculated against rabies once each year and within nine months prior to the date set for procurement of the dog license required in § 91-11A, provided, that if the Flury chick embryo vaccine is used, the inoculation against rabies may be performed every three years. The inoculation shall be made by a duly licensed veterinarian of the State of New Jersey, or by such other person permitted by law to make same and approved by the department of health of the city. The vaccine must be of a type approved by the United States Bureau of Animal Industry or by the United States Public Health Service.
C. 
Rabies tag and certificate. Any person who shall own, keep or harbor a dog within the municipal limits of the Borough shall possess a certificate, both indicating that such dog has been inoculated against rabies and setting forth the date of such inoculation. The certificate of inoculation shall be exhibited to the Health Officer when application for a dog license is made. The certificate shall also be produced by any person owning, keeping, or harboring a dog within the municipal limits of the city upon the request of any Department of Health official or member of the Police Department.
D. 
Exceptions. This article shall not apply to:
(1) 
Dogs which have not attained the age of seven months;
(2) 
Dogs which do not possess a permanent set of teeth;
(3) 
Any dog which the Department of Health, for a specified period of time, declares exempt upon presentation of a certificate from a veterinarian stating that, because of an infirmity or other physical condition, the inoculation of such dog shall be deemed inadvisable for a specified period of time;
(4) 
Dogs in veterinarian hospitals or pet shows, dogs in transient or dogs brought into the Borough temporarily for the sole purpose of showing in dog shows or exhibitions; or
(5) 
Any dog inoculated at the Health Department animal rabies clinic.
The Police Commissioner of the Borough shall cause the provisions of this article to be enforced as therein provided.
Any person who violates or who fails or refuses to comply with any of the provisions of this article shall be subject to a fine of not less than $25 nor more than $75 for each offense.