[Adopted 6-19-1969 by Ord. No. 998 (Ch.
19 of the 1969 Code)]
A.
DOG
DOG OF LICENSING AGE
KENNEL
OWNER
PET SHOP
PERSON
POUND
SHELTER
TOWN
For the purposes of this article, the words hereinafter
defined shall have the meanings herein indicated, as follows:
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, shall mean and
include every person having a right of property in such dog and every
person who has such dog in his keeping.
Any place of business which is not part of a kennel, wherein
animals, including, but not limited to, dogs, cats, birds, fish, reptiles,
rabbits, hamsters or gerbils, are kept or displayed chiefly for the
purpose of sale to individuals for personal appreciation and companionship
rather than for business or research purposes.
[Amended 6-6-2006 by Ord. No. O:2006-24]
An individual, firm, partnership, corporation or association
of persons.
An establishment for the confinement of dogs seized either
under the provisions of this article or otherwise.
Any establishment where dogs or other animals are received,
housed and distributed.
[Amended 6-6-2006 by Ord. No. O:2006-24]
The Town of Phillipsburg in the County of Warren.
B.
Word usage.
(1)
"And" and "or" may be used interchangeably, and either
of the two may be applicable, whichever is more conducive towards
the effectuating of this article.
(2)
Personal pronouns shall mean either the singular or
the plural, whichever is applicable and conducive toward the effectuating
of this article.
(3)
The masculine, feminine or the neuter gender shall
be implied wherever is appropriate and conducive for the effectuating
of the article.
No person shall keep or harbor any dog within
the Town without first obtaining a license and registration tag and
shall place upon each such dog a collar or harness with the registration
tag securely fastened thereto.
The owner of any newly acquired dog of licensing
age or of any dog which attains licensing age shall make application
to the Municipal Clerk 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 of a long- or short-haired variety; also
the name, street, post office address and phone number 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 issuing officer
of the Town; in addition, he shall forward similar information to
the State Department of Health and Senior Services each month on forms
furnished by said Department. Registration numbers shall be issued
in the order of the applications.
[Amended 9-25-1979 by Ord. No. O:79-36; 9-15-1981 by Ord. No. O:81-32; 9-6-1983 by Ord. No.
O:83-15; 1-7-1986 by Ord. No. O:85-28; 4-18-1989 by Ord. No. O:89-11; 11-4-1993 by Ord. No.
O:93-31]
A.
B.
Exceptions. 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" and dogs used to assist
deaf persons and commonly known as "hearing ear" dogs shall be registered
and licensed in the same manner as other dogs, except that the owner
or keeper shall not be required to pay any fee.
[Amended 6-6-2006 by Ord. No. O:2006-24]
C.
Any dog owner or person harboring a dog found to have
an unlicensed dog by the Animal Control Officer, dog canvassers or
any other municipal official after February 1 shall be required to
pay an additional delinquent fee of $2 per month plus the required
license fee, as provided in this article, for his dog license, together
with any other fine due to summons issued that may be imposed on him,
as provided in this article, for failure to obtain a dog license before
February 1. The aforementioned fee shall not apply to dogs which have
been acquired by the owner after February 1, for which the license
fee shall be the same as required in the first part of this section.
The owner, however, must present sufficient proof to establish that
said dog was acquired after February 1.
[Amended 12-21-2010 by Ord. No. O:2010-18]
A.
Any person who shall bring or cause to be brought into the Town 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 Town for a period of more than 90 days shall immediately apply for a license and registration tag for each such dog, to the Municipal Clerk, unless such dog is licensed under § 172-21 of this article.
B.
Any person who shall bring or cause to be brought into the Town any unlicensed dog and who shall keep the same or permit the same to be kept within the Town for a period of more than 10 days shall immediately apply for a license and registration tag for each such dog, to the Municipal Clerk, unless such dog is licensed under § 172-21 of this article.
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.
A.
Any person who keeps or operates or proposes to establish
a kennel, a pet shop or shelter or a pound shall apply to the Municipal
Clerk of the Town 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 a written approval of the Zoning Officer or Animal
Control Officer of the Town showing compliance with the local and
state rules and regulations governing location of, and sanitation
at, such establishment.
[Amended 2-19-2013 by Ord. No. O:2013-04]
C.
All licenses issued for a kennel, pet shop, shelter
or pound shall state the purpose for which the establishment is maintained.
All such licenses shall expire the last day of January in each year
and be subject to revocation by the Town Council on recommendation
of the Zoning Officer or Animal Control Officer of the Town of Phillipsburg
for failure to comply with the rules and regulations of the State
Department or the Board of Health of the Town governing the same after
owner has been afforded a hearing by either the State Department or
the Board of Health of the Town.
[Amended 2-19-2013 by Ord. No. O:2013-04]
D.
Any person holding such license shall not be required
to secure individual licenses for dogs owned by such licensee and
kept at such establishment; 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, $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.
A.
License fees and other monies collected or received
under the provisions of this article, except registration tag fees,
shall be forwarded to the Treasurer of the Town within 30 days after
collection or receipt, and shall be placed in a special account separate
from any of the other accounts of the Town, and shall be used for
the following purposes only:
(1)
For collecting, keeping and disposing of dogs liable
to seizure under this article;
(2)
For local prevention and control of rabies;
(3)
For providing antirabies treatment under the direction
of the local Board of Health for any person known or suspected to
have been exposed to rabies;
(4)
For all other purposes prescribed by the statutes
of New Jersey governing the subject and for the administering of the
provisions of this article.
B.
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 the 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 Town 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.
C.
The registration tag fee for each dog shall be forwarded
within 30 days after collection by the Municipal Clerk to the State
Department of Health and Senior Services.
[Amended 6-6-2006 by Ord.
No. O:2006-24]
The Municipal Clerk shall forward to the State
Department of Health and Senior Services 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.
[Amended 6-6-2006 by Ord.
No. O:2006-24; 2-19-2013 by Ord. No. O:2013-04]
The Animal Control Officer or any other person(s)
designated for the purpose by the Mayor shall either annually or biennially,
at the direction of the Mayor, cause a canvass to be made of all dogs
owned, kept or harbored within the limits of the Town and shall report,
on or before September 1 of the year in which the census is taken,
to the Municipal Clerk of the Town and the State Department of Health
and Senior Services the result thereof, setting forth in separate
columns the names and addresses of persons owning, keeping or harboring
unlicensed dogs, 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 11-20-2018 by Ord. No. O:2018-36]
The Town Council shall appoint an Animal Control
Officer, whose duty it shall be to enforce the provisions of this
article.
[Amended 11-25-1986 by Ord. No. O:86-40; 6-6-2006 by Ord. No.
O:2006-24]
A.
The Animal Control Officer shall take into custody
and impound or cause to be taken into custody and impounded, and thereafter
destroyed or offered for adoption 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;
(5)
Any dog or other animal off the premises of the owner
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 any animal 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 animal is known, any person authorized by the governing
body shall forthwith serve on the person whose address is given on
the collar, or on the owner or the person keeping or harboring said
animal, if known, a notice in writing stating that the animal has
been seized and will be liable to be offered for adoption 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 that 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 maintenance costs not exceeding $25 per
day; or
[Amended 2-19-2013 by Ord. No. O:2013-04]
(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.
E.
At the time of adoption, the right of ownership in
the animal shall transfer to the new owner. No dog or other animal
so caught and detained or procured, obtained, sent or brought to a
pound or shelter shall be sold or otherwise 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.
F.
After observation, any animal seized under this section
suspected of being rabid shall be immediately reported to the executive
officer of the Town and to the Department of Health and Senior Services.
[Amended 2-19-2013 by Ord. No. O:2013-04]
An 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 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
article.
[Amended 5-4-2004 by Ord. No. O:2004-13]
No person shall harbor, keep or maintain any
dog which habitually barks or cries at any time.
[Amended 5-4-2004 by Ord. No. O:2004-13]
A.
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 other public building or in any other public
place, or upon any property other than that owned by the license owner
or keeper of the dog.
B.
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 Town 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.
[Amended 7-28-1970 by Ord. No. 70-1018]
No person owning, keeping or harboring any dog
shall suffer or permit it to be in any public park, and no person
owning, keeping or harboring any dog shall permit it to be upon any
public street or other public place of the Town unless the dog is
accompanied by a person over the age of 12 years, provided that children
between the ages of seven and 12 years may, with the consent of their
parents, accompany such dog upon any public street or other public
place of the Town.
The Town Council may designate the time 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 Town may be published. After such publications,
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.
[Amended 7-28-1970 by Ord. No. 70-1018; 10-8-1974 by Ord. No. O:74-19]
A.
No person owning, harboring, keeping or in charge
of any dog shall cause, suffer or allow such dog to soil, defile,
defecate on or commit any nuisance on any common thoroughfare, sidewalk,
passageway, bypath, play area, park or any place where people congregate
or walk, or upon any public property whatsoever, or upon any private
property without the permission of the owner of said property.
B.
Any person owning, harboring, keeping or in charge
of any dog which soils, defiles, defecates on or commits any nuisance
on any common thoroughfare, sidewalk, passageway, bypath, play area
or any place where people congregate or walk, or upon any public property
whatsoever, or upon any private property without the permission of
the owner of said property, shall immediately remove all feces deposited
by such dog by any sanitary method approved by the local health authority.
C.
The person owning, harboring, keeping or in charge
of any such dog shall have in his/her possession at all times appropriate
sanitary means, including but not limited to shovels or other implements
and containers or disposal bags, to immediately remove and dispose
of all feces and droppings deposited by said dog when on any common
thoroughfare, sidewalk, passageway, bypath, play area or any place
where people congregate or walk, or upon any public property. Removal
shall be in accordance with the provisions of this article, in a sanitary
manner approved by the Animal Control Officer.
[Amended 8-5-1986 by Ord. No. O:86-30; 2-19-2013 by Ord. No. O:2013-04]
D.
The provisions of this section shall not apply to
blind persons who may use dogs as guides.
[Added 9-26-1978 by Ord. No. O:78-24]
No more than a total of four dogs and/or cats
of licensing age shall be kept, maintained or harbored at one time,
for any length of time, in any residential housing unit or on its
grounds, or in any business establishment or on its grounds. This
restriction shall not apply to properly licensed kennels, pet shops,
pounds and shelters. All persons having harbored or controlled more
than four animals, required under this article to be licensed, on
or before the effective date hereof shall be permitted to keep said
animal, with license, but these animals, after death, disposal or
other attrition, shall not be replaced without compliance with all
the provisions of this article.
[Amended 11-8-1995 by Ord. No. O:95-38; 11-20-2018 by Ord. No. O:2018-36]
Any person who violates or refuses to comply with any provision of this Chapter 172, Article II, or with the rules and regulations promulgated by the State Department of Health and Senior Services governing the sanitary conduct and operation of kennels, pet shops, shelters and pounds, to preserve sanitation therein and to prevent the spread of rabies and other diseases of dogs within and from such establishments, shall be liable to a penalty of not more than $55 for each first offense and not exceeding $1,000 for each subsequent offense, to be recorded by and in the name of the Town.
