[Adopted 5-11-1953 by Ord. No. 129 (Ch.
104 of the 1985 Code)]
A. Definitions. As used in this article, the following
terms shall have the meanings indicated:
ANIMAL CONTROL OFFICER
A certified municipal animal control officer or, in the absence
of such an officer, the chief law enforcement officer of the municipality
or his/her designee.
[Added 12-2-1996 by Ord. No. 96-10]
ANIMALS
Any and all types of animals, domesticated and wild, male
and female.
[Added 8-10-2015 by Ord.
No. 15-08]
AT LARGE
Off the premises of the owner or custodian of the animals
and not under the immediate control of the owner or custodian.
[Added 8-10-2015 by Ord.
No. 15-08]
BOROUGH
The Borough of Woodcliff Lake, in the County of Bergen and
State of New Jersey.
DOG
Any dog, bitch or spayed bitch.
DOG LICENSE
A license and registration tag required to be issued annually
for each individual dog.
[Added 8-10-2015 by Ord.
No. 15-08]
DOG OF LICENSING AGE
Any dog which has attained the age of seven months or which
possesses a set of permanent teeth.
DOMESTIC ANIMAL
Any cat, dog or livestock other than poultry.
[Added 12-2-1996 by Ord. No. 96-10]
KEEP or HARBOR
To maintain, possess, control and use.
[Added 8-10-2015 by Ord.
No. 15-08]
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.
OWNER
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.
PERSON
An individual, firm, partnership, corporation or association
of persons.
POTENTIALLY DANGEROUS DOG
Any dog or dog hybrid declared potentially dangerous by a
Municipal Court pursuant to § 7 of P.L. 1989, c. 307 (N.J.S.A.
4:19-23).
[Added 12-2-1996 by Ord. No. 96-10]
POUND
An establishment for the confinement of dogs seized either
under the provisions of this article or other case.
TETHERING
The restraining of an animal by the tying to any object or
structure, including, without limitation, a house, tree, fence, post,
garage, weight or shed, by any means, including, without limitation,
rope, cord, leash or running line, but shall not include the use of
a leash used to walk the animal or to forms of restraint used in the
transportation of an animal.
[Added 8-10-2015 by Ord.
No. 15-08]
VICIOUS DOG
Any dog or dog hybrid declared vicious by a Municipal Court
pursuant to § 6 of P.L. 1989, c. 307 (N.J.S.A. 4:19-22).
[Added 12-2-1996 by Ord. No. 96-10]
B. Word usage.
(1) The words "and" and "or" may be used interchangeably,
and either of the two shall be applicable, whichever is more conducive
towards the effectuation of this article.
(2) The masculine, feminine or neuter gender shall be
implied, whichever is appropriate and conducive for the effectuation
of this article.
No person shall keep or harbor any dog within
the Borough of Woodcliff Lake, in the County of Bergen, 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 article.
[Amended 11-4-2009 by Ord. No. 09-16]
Any person who shall own, keep or harbor a dog
of licensing age shall, in the month of January apply for and procure
from the Clerk of the Borough a license and official metal registration
tag for each such 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. The person applying for the license and registration tag shall pay a fee as provided in Chapter
163, Fees. The same fees shall apply for annual renewals of license and registration tags, and said licenses, registration tags and renewals thereof shall expire on the last day of January of each year.
[Amended 12-12-1960 by Ord. No. 187; 12-26-1974 by Ord. No.
74-13; 4-21-1980 by Ord. No. 80-11; 10-4-1984 by Ord. No. 82-14; 9-19-1983 by Ord. No. 83-11; 4-15-1985 by Ord. No. 85-4]
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" and 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.
[Amended 11-4-2009 by Ord. No. 09-16]
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 a license and registration
are sought, and whether it is of a long- or short-haired variety,
and shall also state 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 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 and Senior Services each month on forms furnished by 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 Woodcliff Lake, in the County of Bergen, 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.
B. Any person who shall bring or cause to be brought
into the Borough any unlicensed dog and 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.
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. License fees and other moneys collected or received
under the provisions of this article, except registration tag fees,
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 shall be
used for the following purposes only: for collecting, keeping and
disposing of dogs liable to seizure under this article; 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 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 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 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 registration tag fee shall be forwarded within
30 days after collection by the Clerk to the State Department of Health
and Senior Services.
[Amended 4-15-1985 by Ord. No. 85-4]
The Chief of Police of the Borough, or any official,
police officer or other person designated by him, shall promptly after
February 1, 1954, and annually thereafter cause a canvass to be made
of all dogs owned, kept or harbored within the limits of the Borough
and shall report to the Clerk of the Borough, the Board of Health
of the Borough and to 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 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.
The Borough Council shall also have power to
appoint one or more persons to be known as "Animal Control Officers,"
who may impound unlicensed dogs running at large in violation of the
provisions of this article.
A. The Chief of Police of the Borough, or any official,
police officer or other person designated by him, 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.
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 Chief of Police 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 that person at his usual or last known place of abode
or to the address given on the collar.
D. When any dog so seized has been detained for seven days after notice, when notice can be given as above set forth, or has been detained for seven days after seizure, when notice has not been and cannot be given as above set forth, and if the owner or person keeping or harboring said dog has not claimed said dog and paid all expenses incurred by reason of its detention, including a maintenance fee not exceeding that established in Chapter
163, Fees, and if the dog is unlicensed at the time of the seizure and the owner or person keeping or harboring said dog has not produced a license and registration tag for said dog, the Animal Control Officer may cause the dog to be destroyed in a manner causing as little pain as possible.
[Amended 4-15-1985 by Ord. No. 85-4]
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 10-13-1953 by Ord. No. 134]
No person shall keep, harbor or maintain any
dog which habitually barks or cries.
[Amended 8-10-2015 by Ord. No. 15-08]
A. Dogs running at large. 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 Woodcliff Lake, in the County of Bergen.
B. Outdoor animal enclosures.
(1) Animals shall be provided access to an enclosure/structure which
protects them against inclement weather, is water resistant and keeps
them dry, provides shade from direct sunlight, and allows them to
preserve a normal body temperature.
(2) Animals shall not be housed on a temporary or permanent basis in
any enclosure/structure constructed of metal, unless adequately insulated
from inclement weather.
(3) Outdoor animal enclosures, including pens, doghouses, or other similar
structures, shall be soundly constructed, safely and properly positioned
on a raised platform, and properly maintained. The top of the enclosure
shall be covered to provide the animal with shade and protection from
the elements. The floor of the enclosure shall be constructed in such
a manner that it protects the animals' feet and legs from injury.
(4) Pet taxis, plastic carriers, boxes, vari-kennels or metal houses
shall not be acceptable as adequate outdoor enclosures.
(5) Outdoor animal enclosures shall contain bedding such as straw or
other absorbent material in a sufficient quantity to provide adequate
insulation for the structure. Bedding shall be maintained in a dry
condition and renewed or changed as necessary.
(6) Outdoor animal enclosure shall be kept dry, clean, and free of animal
waste.
[Amended 8-10-2015 by Ord. No. 15-08]
A. Leash. 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 Woodcliff Lake unless such dog is accompanied
by a person capable of controlling such dog and is securely confined
and controlled by an adequate leash not more than six feet long.
B. Tethering of dogs.
(1) It shall be unlawful for any person to tether, fasten, tie, restrain
or cause an unattended dog to be fastened, tied or restrained to houses,
trees, fences, garages, stakes or other stationary or highly immobile
objects by means of a rope, strap or other physical restraint for
the purpose of confinement, except in circumstances where all of the
following requirements are satisfied:
(a)
The tether is attached to the dog by a non-choke-type collar,
swivels at both ends, and is attached to the stationary object by
anchors, latches, or similar devices in a manner so that the dog is
able to move freely and prevents the tether from becoming entangled
around the dog or any object so as to limit the dog's freedom
within the tethered area or so as to prevent the dog, or any of its
appendages, from becoming entangled by the tether.
(b)
The tether shall be a type commonly used for the size of the
dog involved.
(c)
The tether must be a minimum of 15 linear feet in length, less
than six feet above the ground, and shall remain tangle free.
(d)
The tethered dog has easy access to potable drinking water,
edible food, dry ground, and adequate shade and/or shelter within
the tethering area.
(e)
The dog should be regularly monitored during the time of tethering
for the safety of the animal and community.
(2) No dog shall be tethered by means of a choke-type, pinch-type, prong-type,
or improperly fitting collar.
(3) Chains shall be prohibited for use as a tethering device.
(4) If there are multiple dogs, each dog shall be tethered separately
and in such a manner that the tethers shall not become entangled with
each other.
(5) No dog shall be tethered within five feet of another person's
property, public thoroughfare, and/or right-of-way.
(6) No dog shall be tethered at a vacant structure or premises for any
purpose when it is not monitored by a competent adult who is present
at the property for the duration of such tethering.
(7) Dogs that are not spayed or neutered shall not be tethered for any
period of time.
(8) No dog that is sick or injured shall be tethered.
[Added 7-26-1976 by Ord. No. 76-9]
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 without
immediately removing all feces deposited by such dog. This restriction
also applies to that portion of the street lying between the curblines.
B. The feces removed from the aforementioned designated
place shall be disposed of by the person owning, harboring, keeping
or in charge of the dog in a sanitary manner hereinafter set forth.
C. Such sanitary manner shall be the placement of the
removed feces in a sealed plastic bag and then further placement of
said plastic bag in a brown or other opaque paper bag.
[Amended 8-10-2015 by Ord. No. 15-08]
A. No owner, caretaker, guardian or handler shall withhold proper shelter,
light, space, protection from weather, veterinary care, and/or immune
care from any animal.
B. No owner, caretaker, guardian or handler shall fail to provide his
or her animal with sufficient edible food and potable drinking water
on a daily basis. Food and water must be in an animal food consumption
or water consumption type container, feeder or waterer.
C. No animal shall be subjected to unnecessary suffering or cruelty
such as subjecting the animal to prolonged confinement, fear, injury,
pain or physical abuse.
D. No animal shall be contained in a parked or standing vehicle or enclosed
trailer for a period of 15 or more minutes when the temperatures are
extreme.
[Amended 4-15-1985 by Ord. No. 85-4; 12-2-1996 by Ord. No. 96-10]
A. An Animal Control Officer or police officer shall
seize and impound a dog when the officer has reasonable cause to believe
that the dog:
(1) Attacked a person and caused death or serious bodily
injury as defined in N.J.S.A. 2C:11-1(b) to that person;
(2) Caused bodily injury as defined in N.J.S.A. 2C:11-1(a)
to a person during an unprovoked attack and poses a serious threat
of harm to persons or domestic animals;
(3) Engaged in dog-fighting activities as described in
N.J.S.A. 4:22-24 and N.J.S.A. 4:22-26; or
(4) Has been trained, tormented, badgered, baited or encouraged
to engage in unprovoked attacks upon persons or domestic animals.
B. The dog shall be impounded until the final disposition
as to whether the dog is vicious or potentially dangerous. Subject
to the approval of the municipal heath officer, the dog may be impounded
in a facility or other structure agreeable to the owner.
[Added 12-2-1996 by Ord. No. 96-10]
A. The Animal Control Officer shall notify the Municipal
Court and the Municipal Health Officer immediately that a dog has
been impounded pursuant to this article, or that he/she has reasonable
cause to believe that a dog has killed another domestic animal and
that a hearing is required. The Animal Control Officer shall, through
a reasonable effort, attempt to determine the identity of the owner
of any dog seized and impounded pursuant to this section. If its owner
cannot be identified within seven days, that dog may be humanely destroyed.
B. The Animal Control Officer shall, within three working
days of the determination of the identity of the owner of a dog seized
and impounded pursuant to this section, notify by certified mail,
return receipt requested, the owner concerning the seizure and impoundment
and that, if the owner wishes, a hearing will be held to determine
whether the impounded dog is vicious or potentially dangerous. This
notice shall also require that the owner return within seven days,
by certified mail or hand deliver, a signed statement dictating whether
he/she wishes the hearing to be conducted or, if not, to relinquish
ownership of the dog, in which case the dog may be humanely destroyed.
If the owner cannot be notified by certified mail, return receipt
requested, or refuses to sign for the certified letter or does not
reply to the certified letter with a signed statement within seven
days of receipt, the dog may be humanely destroyed.
[Added 12-2-1996 by Ord. No. 96-10]
A. The Municipal Court shall declare the dog vicious
if it finds by clear and convincing evidence that the dog:
(1) Killed a person or caused serious bodily injury as
described in N.J.S.A. 4:22-24 and N.J.S.A. 4:22-26.
(2) Has engaged in dog-fighting activities as described
in N.J.S.A. 4:22-24 and N.J.S.A. 4:22-26.
B. A dog shall not be declared vicious for inflicting
death or serious bodily injury as defined in N.J.S.A. 2C:11-1(b) upon
a person if the dog was provoked. The municipality shall bear the
burden of proof to demonstrate that the dog was not provoked.
C. If the Municipal Court declares a dog to be vicious
and no appeal is made of this ruling pursuant to § 9 of
P.L. 1989, c. 307 (N.J.S.A. 4:19-25), the dog shall be destroyed in
a humane and expeditious manner, except that no dog may be destroyed
during the pendency of an appeal.
[Added 12-2-1996 by Ord. No. 96-10]
A. The Municipal Court shall declare a dog to be potentially
dangerous if it finds by clear and convincing evidence that the dog:
(1) Caused bodily injury as defined in N.J.S.A. 2C:11-1(a)
to a person during an unprovoked attack and poses a serious threat
of bodily injury or death to a person; or
(2) Killed another domestic animal; and:
(a)
Poses a threat of serious bodily injury or death
to a person;
(b)
Poses a threat of death to another domestic
animal; or
(c)
Has been trained, tormented, badgered, baited
or encouraged to engage in unprovoked attacks upon persons or domestic
animals.
B. A dog shall not be declared potentially dangerous
for:
(1) Causing bodily injury, as defined in N.J.S.A. 2C.11-1(a),
to a person if the dog was provoked; or
(2) Killing a domestic animal if the domestic animal was
the aggressor.
C. For the purposes of Subsection
B(1) of this section, the municipality shall bear the burden of proof to demonstrate that the dog was not provoked.
[Added 12-2-1996 by Ord. No. 96-10]
If the Municipal Court declares the dog to be
potentially dangerous, it shall issue an order and a schedule for
compliance which, in part:
A. Shall require the owner to comply with the following
conditions:
(1) To apply, at his/her own expense, to the Municipal
Clerk or other official designated to license dogs pursuant to § 2
of P.L. 1941, c. 151 (N.J.S.A. 4:19-15.2) for a special municipal
potentially dangerous dog license, municipal registration number and
red identification tag issued pursuant to of this article.
(2) To display, in a conspicuous manner, a sign on his/her premises warning that a potentially dangerous dog is on the premises. The sign shall be visible and legible from 50 feet of the enclosure required pursuant to Subsection
A(3) of this section.
(3) To immediately erect and maintain an enclosure for
the potentially dangerous dog on the property where the potentially
dangerous dog will be kept and maintained, which has sound sides,
top and bottom to prevent the potentially dangerous dog from escaping
by climbing, jumping or digging and within a fence of at least six
feet in height separated by at least three feet from the confined
area. The owner of a potentially dangerous dog shall securely lock
the enclosure to prevent the entry of the general public and to preclude
any release or escape of a potentially dangerous dog by an unknowing
child or other person. All potentially dangerous dogs shall be confined
in the enclosure or, if taken out of the enclosure, securely muzzled
and restrained with a tether approved by the Animal Control Officer
and having a minimum tensile strength sufficient in excess of that
required to restrict the potentially dangerous dog's movements to
a radius of no more than three feet from the owner and under the direct
supervision of the owner.
B. May require the owner to maintain liability insurance
in an amount determined by the Municipal Court to cover any damage
or injury caused by the potentially dangerous dog. The liability insurance,
which may be separate from any other homeowner policy, shall contain
a provision requiring the municipality in which the owner resides
to be named as an additional insured for the sole purpose of being
notified by the insurance company of any cancellation, termination
or expiration of the liability insurance policy.
[Added 12-2-1996 by Ord. No. 96-10]
The owner of the dog, or the Animal Control
Officer in the municipality in which the dog was impounded, may appeal
any final decisions, order or judgment, including any conditions attached
thereto, of a municipal court pursuant to P.L. 1989, c. 307 (N.J.S.A.
4:19-17 et seq.) by filing an appeal with the Superior Court, Law
Division, in accordance with the Rules Governing the Courts of the
State of New Jersey pertaining to appeals from courts of limited jurisdiction.
The Superior Court shall hear the appeal by conducting a hearing de
novo in the manner established by those rules for appeals from courts
of limited jurisdiction.
[Added 12-2-1996 by Ord. No. 96-10]
A. If a dog is declared vicious or potentially dangerous,
and all appeals pertaining thereto have been exhausted the owner of
the dog shall be liable to the municipality in which the dog is impounded
for the costs and expenses of impounding and destroying the dog. The
municipality may establish by ordinance a schedule of these costs
and expenses. The owner shall incur the expense of impounding the
dog in a facility other than the municipal pound, regardless of whether
the dog is ultimately found to be vicious or potentially dangerous.
B. If the dog has bitten or exposed a person within 10
days previous to the time of euthanasia, its head shall be transported
to the New Jersey State Department of Health and Senior Services laboratory
for rabies testing.
[Added 12-2-1996 by Ord. No. 96-10]
If the Municipal Court finds that the dog is
not vicious or potentially dangerous, the Municipal Court shall retain
the right to convene a hearing to determine whether the dog is vicious
or potentially dangerous for any subsequent actions of the dog.
[Added 12-2-1996 by Ord. No. 96-10]
The owner of a potentially dangerous dog who
is found by clear and convincing evidence to have violated this article
or any rule or regulation adopted pursuant thereto, or to have failed
to comply with a court's order, shall be subject to a fine of not
more than $1,000 per day of the violation, and each day's continuance
of the violation shall constitute a separate and distinct violation.
The Municipal Court shall have the jurisdiction to enforce this section.
An Animal Control Officer is authorized to seize and impound any potentially
dangerous dog whose owner fails to comply with the provisions of P.L.
1989, c. 307 (N.J.S.A. 4:19-17 et seq.), or any rule or regulation
adopted pursuant thereto, or a court's order. The Municipal Court
may order that the dog so seized and impounded be destroyed in an
expeditious and humane manner.
[Amended 4-15-1985 by Ord. No. 85-4]
A. Various violations of sections:
[Amended 6-20-2005 by Ord. No. 05-07; 3-6-2006 by Ord. No 06-01]
(1) Any person who violates or refuses to comply with any part of §§
98-2,
98-3,
98-5,
98-7,
98-8 and
98-14 of this article, 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 or 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 penalty of $51 for each offense, to be recovered by and in the name of the Borough, to be imposed by any judge before whom the matter may be heard.
(2) Any person required to do so who has failed to comply with §
98-2 during the period specified in §
98-3 shall be subject to an administrative late fee of $10 which shall be paid at the same time and in the same manner as the fees otherwise due in this article.
(3) Violations and penalties: $51.
B. Any person who violates or refuses to comply with any part of any of the following sections, namely §§
98-15,
98-16,
98-17,
98-18,
98-19 and
98-20 of this article, shall be liable to a fine of not more than $1,000 or imprisonment for up to 90 days, or both, in the discretion of the court.
C. A person who refuses or neglects to pay forthwith
the amount of a judgment rendered against him and the costs and charges
incident thereto shall be liable to a fine of not more than $1,000
or imprisonment for up to 90 days, or both, in the discretion of the
court.