[Adopted 5-28-1974 by Ord. No. 628 (Ch. 31, Art. II of the 1966 Code)]
All dogs and all other animals owned, boarded,
kept or found within the Borough of Emerson, in the County of Bergen
and State of New Jersey, and all dogs and other animals transported
or lead through or exercised upon any highway or thoroughfare of said
Borough, and all persons, whether the owner or temporarily in charge
of such animals, shall be subject to the provisions of this article.
For the purpose of correct interpretation in
the enforcement of this article and the rules and regulations of the
Board of Health of the Borough of Emerson, the terms used herein are
hereby defined to mean and to include:
Applies to and includes cats, foxes, squirrels, goats and
other such quadrupeds.
The Board of Health of the Borough of Emerson and the executive
health officer thereof, when in the performance of his official duty.
Includes any means whereby a dog or other animal is kept
upon the premises of its owner or caretaker, and thereby is prevented
from straying upon a road or any place or other property, public or
private.
Any breed of such animal, any age and any sex, regardless
of its having been desexed.
One who is unable to maintain himself or the members of his
family lawfully dependent upon him for support; or one who is ordinarily
able to maintain himself and/or his family, but because of his illness
or the illness of some member of his family or for any other reason
is or becomes unable to do so.
Any place, enclosure, building or collection of buildings
or doghouses in which more than one dog is kept, boarded, reared or
housed, for whatever purpose, and shall apply also to the dogs kept
therein.
A strong leather strap or a metal chain, which shall not
exceed six feet in length, such leash to be used when exercising,
leading or transporting a dog.
A mechanical device of the humane "basket" type, which shall
prevent a dog from biting. No muzzles shall be used except those approved
by the Board.
A period of isolation by secure confinement of not less than
10 days after such dog or other animal has attacked and bitten a person,
dog or other animal.
Includes the actual owner, the person in charge or the person
in control of any dog or other animal.
Periods of confinement, which for dogs shall be not less
than 14 days nor more than six months and for other animals shall
be not less than 14 days nor more than 60 days, which period shall
begin with the day such animal has been bitten.
Isolating a dog or other animal within an enclosure or building
in such a manner that such animal cannot come, directly or indirectly,
in contact with nor bite a person, dog or other animal, nor can it
be bitten by any other animal.
Any dog or other animal that is not confined but is found
roaming upon any property other than that of its owner, or which has
broken away from the control of a leash.
A.
Adults. It shall be the duty of every adult person
who has been bitten by a dog or other animal, the owner of which is
known, to report to the Board within 12 hours the name, age, sex,
color and precise address of the person so bitten and also the name
and address of the owner of the dog or other animal which has bitten
such person, in addition to such other information as may be required
by the Board.
B.
Minors. If any child has been so attacked and bitten,
then the parent or person in charge of such child and the minor shall
report as required in the preceding section.
C.
Physicians. Every physician shall, within 12 hours
after his first professional attendance upon any person bitten, report
to the Board the name, age, sex, color and precise address of the
person or child that has been so bitten, with full particulars of
the case, and, if known, the name and address of the owner of the
dog or other animal.
D.
Should any person have been bitten or attacked by a stray dog or other animal, then the persons enumerated in Subsections A, B and C of this section shall include in their report, if possible, a description of the stray animal and the place where the attack occurred and such other particulars of the attack as from whence the animal came and the direction in which it went.
A.
The owner of every dog or other animal that has been
bitten by any dog or other animal, the owner of which is known, shall
at once report to the Board the name and address of the owner of both
dogs or other animals.
B.
The owner of a dog or other animal that has been bitten
by a stray dog or other animal shall, in addition to the report as
required as in the preceding subsection, give a description of the
stray dog or other animal and the location or direction from which
it came and to which it went.
A.
Upon receipt of a notice as stated in §§ 140-18 and 140-19 above, the Board shall at once serve upon the owner of the dog or other animal injured a notice in writing to quarantine such dog or other animal. The Board shall also serve upon the owner of the dog or other animal that has bitten a person, dog or other animal a notice, in writing, to securely confine such dog or other animal for observation.
B.
Upon receipt of a notice of injury from the bite of a stray dog or other animal, the Board shall serve a notice in writing upon the owner of the dog or other animal bitten by a stray dog, if known, to securely confine such animal for full period of quarantine as stated in § 140-17; provided, however, that where a six months' quarantine cannot be properly maintained, the Board may order such animal destroyed or removed to a place designated by the Board for the required period, at the expense of the owner thereof.
A.
When an animal shows signs of rabies, either of the
furious or paralytic (dumb) type, the Board shall, at once, order
such animal removed at the expense of the Borough of Emerson, and
upon the death of such animal shall have its head removed for examination
at the Bergen County Laboratory.
B.
The result of the laboratory examination shall, at
once, be forwarded to the owner of the rabid animal, to the owner
of the animal attacked and bitten by such rabid animal, to the person
or to the parent, in case of a minor bitten by such rabid animal,
and to the physician or veterinarian in attendance.
C.
The Board may, at once, furnish Pasteur treatment,
at the expense of the Borough of Emerson, to any indigent person within
the Borough who has been bitten by an animal known or suspected to
be affected by rabies; provided, however, that where dangerous wounds
have been inflicted, Pasteur treatment may be ordered before the final
result of the laboratory examination is known.
D.
When a dog or other animal has died of rabies, then
all equipment, such as bedding, coop, kennel, pen or run of said animal
shall be destroyed or disinfected at the order of and under supervision
of the executive health officer of the Board.
A.
The executive health officer of the Board shall have
the right of full and unobstructed access, ingress, egress and regress
to and from all public or private property or premises, to the end
that he may freely examine and observe any animal coming within the
terms of any law of this state or of this article as often, during
reasonable hours and during the period of quarantine and observation,
as may be necessary for the purpose of determining the condition of
such animal.
B.
No person shall, directly or indirectly, obstruct
or interfere with said health executive in the enforcement of this
article or refuse to furnish him with any and all information required.
All orders and directions in such connection which may be given by
said executive health officer shall be considered as having been given
by the Board itself.
[Amended 2-18-2003 by Ord. No. 1218]
Any person who shall violate any provision of
this article or the provisions of any notice served upon him by the
Board or its executive health officer shall be liable to a fine of
not more than $500 or imprisonment for not more than 90 days, or both.
Nothing in this article shall be construed to
change or affect the provisions of any ordinance passed by the Mayor
and Council of the Borough of Emerson relating to the registration,
licensing and confinement of dogs in general within said Borough.
