[Adopted 5-19-1986 by Ord. No. 2-1986 (Ch. 31, Art. I of the 1975 Code); amended in its entirety 10-20-2015 by Ord. No. 2014-9]
As used in this article, the following words and terms shall have the meanings given herein:
CERTIFIED ANIMAL CONTROL OFFICER
A person 18 years of age or older who has satisfactorily completed the course of study approved by the Commissioner of Health and Senior Services and the Police Training Commission.
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.
OWNER
When applied to the proprietorship of a dog, every person having right or property in such dog and every person who has such dog in his keeping.
POUND
An establishment for the confinement of dogs or other animals seized either under the provisions of N.J.S.A. 4:19-15.1, et seq. or otherwise.
SHELTER
Any establishment where dogs or other animals are received, housed and distributed.
Any person who shall own, keep or harbor a dog of licensing age shall, in the month of January and annually thereafter, apply for and procure from the Borough Clerk a license and official metal registration tag for each 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. 
Every person applying for a dog license, and each renewal thereof, shall pay an annual license fee of $12 for each spayed or neutered dog and $15 for all others. Each license shall expire on January 31. There shall be a late fee of $5 per month imposed any person who fails to obtain a dog license on or before January 31.
B. 
Dogs used as guides for blind persons and commonly known as "seeing-eye" dogs, dogs used to assist handicapped persons and commonly known as "service dogs," or dogs used to assist deaf persons and commonly known as "hearing ear" dogs shall be licensed and registered as other dogs herein provided for, except that the owner or keeper of such dog shall not be required to pay any fee thereof.
C. 
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 dog at a fee of $15 for unneutered dogs and $12 for neutered dogs.
A. 
Newly acquired dog or dog obtaining licensing age. The owner of any newly acquired dog of licensing age or of any dog which attains licensing age shall make application for license and registration tag within 10 days after such acquisition or age attainment and pay therefor the full fee hereinbefore provided.
B. 
Dogs brought into state. Any person who shall bring or cause to be brought into New Jersey any dog licensed in another state for the current year, and bearing a registration tag, and shall keep the same or permit the same to be kept within New Jersey for a period of more than 90 days shall immediately apply for a license and registration tag for each such dog.
C. 
Any person who shall bring or cause to be brought into New Jersey any unlicensed dog and shall keep the same or permit the same to be kept within New Jersey for a period of more than 10 days shall immediately apply for license and registration tag for each such dog.
A. 
The certified control officer appointed by the Council shall take into custody and impound any animal to thereafter be euthanized or offered for adoption in the following situations:
(1) 
Any dog off the premises of the owner or of the person charged with the care of the dog, which is reasonably believed to be a stray dog;
(2) 
Any dog off the premises of the owner or the person charged with the care of the dog without a current registration tag on its collar or elsewhere;
(3) 
Any female dog in season off the premises of the owner or the person charged with the care of dog;
(4) 
Any dog or other animal which is suspected to be rabid; or
(5) 
Any dog or other animal off the premises of the owner or the person charged with its care that is reported to, or observed by, a certified 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 an animal taken into custody and impounded has a collar or harness with identification of the name and address of any person, or has a registration tag, or has a microchip with an identification number that can be traced to the owner or person charged with the care of the animal, or the owner or the person charged with the care of the animal is otherwise known, the certified animal control officer shall ascertain the name and address of the owner or the person charged with the care of the animal, and serve to the identified person as soon as practicable, a notice in writing that the animal has been seized and will be liable to be offered for adoption or euthanized if not claimed within seven days after the service of the notice.
C. 
A notice required to be given by Subsection B may be served by:
(1) 
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 residence or to the address given on the collar, harness, or microchip identification; or
(2) 
Mailing the notice to that person at the person's usual or last known place of residence or to the address given on the collar, harness or microchip identification.
D. 
A shelter, pound, or kennel operating as a shelter or pound receiving an animal from a certified animal control officer, or from any other individual, group or organization, shall hold the animal for at least seven days before offering it for adoption, or euthanizing, relocating, or sterilizing the animal, except if:
(1) 
The animal is surrendered voluntarily by its owner to the shelter, pound, or kennel operating as a shelter or pound, in which case the provisions of Subsection E shall apply; or
(2) 
The animal is suspected of being rabid, in which case the provisions of Subsection J shall apply.
E. 
If a shelter, pound, or kennel operating as a shelter or pound is not required to hold an animal for at least seven days pursuant to Subsection D(1), the shelter or pound, or kennel operating as a shelter or pound:
(1) 
Shall offer the animal for adoption at least seven days before euthanizing it; or
(2) 
May transfer the animal to an animal rescue organization facility or a foster home prior to offering it for adoption if such a transfer is determined to be in the best interest of the animal by the shelter, pound, or kennel operating as a shelter or a pound.
F. 
Except as otherwise provided for under Subsection E, no shelter, pound, or kennel operating as a shelter or pound receiving an animal from a certified animal control officer may transfer the animal to animal rescue organization facility or a foster home until the shelter, pound, or kennel operating as a shelter or pound has held the animal for at least seven days.
G. 
If the owner or the person charged with the care of the animal seeks to claim it within seven days, or after the seven days have elapsed but before the animal has been adopted or euthanized, the shelter, pound, or kennel operating as a shelter or pound:
(1) 
Shall, in the case of a cat or dog, release it to the owner or person charged with its care, provided that the owner or person charged with the care of the animal provides proof of ownership, which may include a valid cat or dog license, registration, rabies inoculation certificate, or documentation from the owner's veterinarian that the cat or dog has received regular care from that veterinarian;
(2) 
May, in the case of a cat or dog, charge the cost of sterilizing the cat or dog, if the owner requests such sterilizing when claiming it; and
(3) 
May require the owner or person charged with the care of the animal to pay all of the animal's expenses while in the care of the shelter, pound, or kennel operating as a shelter or pound, not to exceed $4 per day.
H. 
If the animal remains unclaimed, is not claimed due to the failure of the owner or other person to comply with the requirements of this section, or is not adopted after seven days after the date on which notice is served pursuant to Subsection C or, if no notice can be served, not less than seven days after the date on which the animal was impounded, the impounded animal may be placed in a foster home, transferred to another shelter, pound, kennel operating as a shelter or pound, or animal rescue organization facility, or euthanized in a manner causing as little pain as possible and consistent with the provisions of N.J.S.A. 4:22-19.
I. 
At the time of adoption, the right of owner in the animal shall transfer to the new owner. No dog or other animal taken into custody, impounded, sent or otherwise brought to a shelter, pound or kennel operating as a shelter or pound shall be sold or otherwise be made available for the purpose of experimentation. Any person who sells or otherwise makes available any such dog or other animal for the purpose of experimentation shall be guilty of a crime of the fourth degree.
J. 
Any animal seized under this section suspected of being rabid shall be immediately reported to the executive officer of the local board of health and the Department of Health, and shall be quarantined observed, and otherwise handled and dealt with as appropriate for an animal suspected of being rabid or as otherwise required by the Department of Health.
K. 
When a certified animal control officer takes into custody and impounds, or causes to be taken into custody and impounded, an animal, the certified animal control officer may place the animal in the custody of, or cause the animal to be placed in the custody of, only a licensed shelter, pound, or kennel operating as a shelter or a pound. The certified animal control officer may not place the animal in the custody of, or cause the animal to be placed in the custody of, any animal rescue organization facility, foster home, or other unlicensed facility. However, the licensed shelter, pound, or kennel operating as a shelter or pound may place the animal in an animal rescue organization facility, foster home, or other unlicensed facility if necessary pursuant to Subsections E or H.
The governing body shall appoint a certified animal control officer who shall be responsible for animal control within the Borough. The certified animal control officer may 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.
No person shall keep, harbor or maintain any dog which habitually barks, whines, howls or makes other disturbing noises.
No person in the Borough of Pemberton shall own, possess, harbor or have in custody any dog over seven months of age unless such dog has been vaccinated or inoculated against rabies by a licensed veterinarian, such vaccination or inoculation to consist of antirabies vaccine of standard and accepted quality and formula. Such vaccination or inoculation shall be repeated annually thereafter.
Where a dog has been vaccinated or inoculated with an avianized vaccine, then a dog shall be vaccinated or inoculated once every two years from the date of the avianized vaccine or inoculation.
Such person shall obtain from the veterinarian who vaccinates or inoculates the dog against rabies a certificate, in duplicate, showing the date of such vaccination or inoculation, the kind of vaccination or inoculation, a description of the dog, the name and address of the owner thereof and a rabies tag indicating that said dog has been vaccinated or inoculated against rabies and indicating the year of such vaccination or inoculation. Said certificate shall be filed within 10 days with the person designated to issue dog licenses, who shall return one copy of the certificate to such person. Said tag shall be securely attached to the collar or harness on said dog, where it shall remain at all times, except when the dog is in a wholly enclosed area on the premises of the owner.
No person, which shall be defined to include a family unit, shall keep, harbor or have possession or custody of more than two dogs on any one residential premises within the Borough. This restriction shall not include the temporary keeping of puppies which have been born to a female dog kept on the same premises at the time of the birth of said puppies.
Any person who shall molest, obstruct or interfere with a poundkeeper, a dogcatcher, a dog warden, the animal control officer, a member of the Police Department or police force of the Borough or any other duly authorized agent or representative of said Borough while engaged in the enforcement of this article or any of the provisions thereof shall, upon conviction, forfeit and pay a fine of not less than $5 nor more than $50 for each offense, except that for the first offense or failure to secure a dog license as herein provided, there shall be a fine of not less than $1 and not more than $50.