City of Bordentown, NJ Chapter 148 Dogs and Other Animals

[HISTORY: Adopted by the Board of Commissioners of the City of Bordentown as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Fees and licenses – See Ch. 37.

Parks and recreation — See Ch. 206.

Article I Dogs

[Adopted 12-23-1986 by Ord. No. 1986-19]

§ 148-1 Licensing of dogs.

A. Any person who shall own, keep or harbor a dog in the City of Bordentown shall, in the month of January of each year, apply for and procure from the City Clerk an annual license and registration tag for each dog. The registration tag shall be securely fastened to a collar or harness on such dog.

B. Costs and late fees associated with license and registration tags for dogs can be found at § 37-8.

[Amended 12-12-1988 by Ord. No. 1988-21; 4-11-2016 by Ord. No. 2016-08]

C. Any person who shall bring a dog into the City from another municipality shall apply for a license and registration tag for such dog within 60 days after it is brought into this City if the dog is registered in another municipality and within 10 days if the dog is not registered in another municipality.

D. Dogs used as guides for blind persons and commonly known as "Seeing Eye" dogs shall be licensed and registered as provided in this article, except that the person who shall own, keep or harbor such a dog shall not be required to pay the license and registration fee.

§ 148-2 Licensing of kennels.

A. Any person who shall engage in the business of boarding dogs or operating a kennel or pet shelter for dogs shall, in the month of January of each year, apply for and procure from the City Clerk an annual kennel license for each place of business. The kennel license shall be conspicuously displayed in such place of business.

B. Costs and late fees associated with operating a kennel or similar business can be found at § 37-8.

[Amended 4-11-2016 by Ord. No. 2016-08]

C. In the event that any person shall commence the business of boarding dogs or operating a kennel or pet shelter for dogs on or after February 1 of each year, the kennel license shall be procured prior to the commencement of business.

D. There shall be no adjustment of the license fee for kennel licenses issued and valid for a fractional portion of the license year.

E. Any kennel license issued pursuant to this Article may be suspended or revoked by the City Commissioners after notice and a hearing thereon in the event that the licensee fails to provide a clean and comfortable shelter or adequate food and water for the animals in its care or otherwise inhumanely beats, treats, torments or otherwise abuses any animal in its care or fails to adequately provide animals in its care with proper shelter and protection from the weather or fails to maintain its business or the animals in its custody in a clean and sanitary manner.

§ 148-3 Annual canvass.

Promptly after February 1 of each year, a canvass shall be made of all dogs owned, kept or harbored in the City in accordance with Section 15 of Chapter 151 of the Laws of the State of New Jersey of 1941, as amended.[1]

[1] Editor's Note: See N.J.S.A. 4:19-15.15.

§ 148-4 Responsibilities of dog owners.

Every person owning, keeping or harboring any dog in the City shall:

A. Prevent the dog from running at large upon any public street, public park, public building or in any other public place within the City at any time.

B. Prevent the dog from being on any public street, public park, public building or any other public place within the City unless such dog is accompanied by a person over the age of 12 years and is securely confined and controlled by a physical leash not more than six feet in length. A physical leash shall be constructed of rope or sturdy fabric which is connected to the dog at the collar and held by the person over the age of 12 years. A physical leash shall not include any type of electronic leash or invisible leash. This provision shall not apply in confined areas of public parks specifically established and designated as dog-run zones.

[Amended 6-11-2012 by Ord. No. 2012-08]

C. Prevent a dog which has been declared vicious or potentially dangerous pursuant to N.J.S.A. 4:19-22 et seq. or § 148-6 of this chapter from being on any public street, public park, public building or any other public place within the City unless such dog is accompanied by a person over the age of 12 years and is securely confined and controlled by a physical leash not more than six feet in length and, in addition, is wearing a muzzle which will prevent such dog from biting any person, dog or domestic animal. A physical leash shall be constructed of rope or sturdy fabric which is connected to the dog at the collar and held by the person over the age of 12 years. A physical leash shall not include any type of electronic leash or invisible leash. Dogs which have been declared vicious or potentially dangerous pursuant to N.J.S.A. 4:19-22 et seq. or § 148-6 of this chapter are prohibited from any area of the City's public parks which are specifically established and designated as dog-run zones.

[Amended 6-11-2012 by Ord. No. 2012-08]

D. Prevent the dog from running at large upon the lands of any person, other than the person owning, keeping or harboring the dog, without the consent of the owner of such lands.

E. Prevent the dog from injuring or damaging any vegetable garden, flower garden, lawn, plant, tree, shrubbery, grounds or other property of any person other than the person owning, keeping or harboring the dog.

F. Prevent the dog from attacking, threatening, wounding or killing any other dog or domestic animal.

G. Prevent the dog from becoming a public nuisance.

H. Prevent the dog, if it is a female and is in season, from being off the grounds or property of the person owning, keeping or harboring the dog.

I. Prevent the dog from habitually barking, crying or whining at a noise level that can be heard off the property of the person owning, keeping or harboring the dog and which disturbs or is disturbing to any other person.

[Added 5-23-1988 by Ord. No. 1988-8]

§ 148-5 Impoundment; notice; destruction; redemption.

A. The Chief of Police or the Poundkeeper shall take into custody and impound or shall cause to be taken into custody and impounded and thereafter destroyed or disposed of:

(1) Any dog which the aforesaid officials or their agents have reason to believe is a stray dog.

(2) Any dog off the premises of the person owning, keeping or harboring the dog without a current registration tag on its collar or harness.

(3) Any female dog in season off the premises of the person owning, keeping or harboring the dog.

(4) Any dog, whether licensed or not, that shall be found running at large upon any public street, public park, public building or any other public place within the City at any time or which shall be found to be doing any other thing in § 148-4 of this Article which the person owning, keeping or harboring said dog is required by this Article to prevent.

[Amended 12-24-1990 by Ord. No. 1990-5]

B. If any dog that is seized wears a collar or harness to which is attached or inscribed the name and address of the person owning the dog or to which is attached a valid registration tag or, if the person owning the dog is known to the Chief of Police or Poundkeeper or their agents, the Chief of Police or Poundkeeper or their agents shall serve on the person whose address is attached or affixed to the collar or harness or who is believed to be the owner of the dog a notice in writing stating that the dog has been seized and will be disposed of or destroyed if not claimed within seven days after service of the notice.

C. A notice under the foregoing subsection may be served either by personal delivery to the person to whom it is to be served or by leaving a copy at such person's last known place of abode or at the address shown on the collar or harness or by forwarding it by regular mail to such person at his last known place or abode or to the address shown on the collar or harness.

D. When any dog which has been seized has been detained for seven days after notice has been given in those cases when notice can be given or has been detained for seven days after seizure when no notice can be given and if the owner or person keeping or harboring the dog has not claimed the dog and paid all expenses incurred by reason of its detention, including the redemption fee and all maintenance costs, and if the dog is unlicensed at the time of seizure and the owner or person keeping or harboring the dog has not produced a license and registration tag for the dog at the time that it is claimed, the Chief of Police or Poundkeeper may cause the dog to be destroyed in a humane manner.

E. A redemption fee of $25 shall be charged for the release of any dog seized and detained under this Article, prior to the release of the dog which is detained. This fee shall be charged in addition to the costs of maintenance of the dog.

§ 148-6 Vicious dogs.

A. Determination of vicious or potentially dangerous dog.

[Amended 6-11-2012 by Ord. No. 2012-08]

(1) If determined by the Municipal Court or another court of competent jurisdiction by clear and convincing evidence that a dog has killed or caused serious bodily injury as defined in N.J.S. 2C:11-1(b) to a person or has engaged in dog-fighting activities as described in N.J.S.A. 4:22-24 and 4:22-26, such dog shall be declared vicious for the purpose of this chapter and for enforcement of the City Code.

(2) A dog shall be declared a potentially dangerous dog for the purposes of this chapter and for enforcement of the remainder of the City Code, if determined by the Municipal Court or another court of competent jurisdiction by clear and convincing evidence that such dog has:

(a) 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

(b) Killed another domestic animal and:

[1] Poses a threat of serious bodily injury or death to a person; or

[2] Poses a threat of death to another domestic animal; or

[3] Has been trained, tormented, badgered, baited or encouraged to engage in unprovoked attacks upon persons or domestic animals.

B. It shall be the duty of the Chief of Police or Poundkeeper to receive and investigate complaints against dogs, and, when any dog against which a complaint has been made shall be deemed by the Chief of Police or Poundkeeper to be a vicious dog as herein defined, he shall take such dog into custody and impound it or cause it to be taken into custody and impounded.

C. When the owner or person keeping or harboring the dog is known, the Chief of Police or Poundkeeper shall file a complaint in the Municipal Court against the owner or person owning, keeping or harboring the dog.

D. If the Municipal Court Judge determines that the dog is a vicious dog as defined in this Article, he may order that the dog be destroyed or order that the owner or person keeping or harboring the dog properly restrain and confine the dog or make such order as, in his or her discretion, may be proper, including the imposition of penalties as provided for in this Article.

§ 148-7 Officers in pursuit of dogs; interference with duties.

A. The Chief of Police or Poundkeeper or any officer or agent authorized or empowered to perform any duty under this Article is hereby authorized to enter upon the premises of any person to seize any dog which he may lawfully seize and impound when such officer is in immediate pursuit of the dog or dogs.

B. No person shall hinder, molest or interfere with anyone performing any duty which he is authorized or empowered to perform under this Article.

§ 148-8 Treatment of dogs.

Any person who shall own, keep or harbor a dog shall provide it with proper and adequate food and water, proper shelter and protection from the weather and with humane care and treatment. No person shall inhumanely beat, treat, torment or otherwise abuse any animal in its care or fail to adequately provide animals in its care with proper shelter and protection from the weather.

§ 148-9 Offending dogs.

A. No person who shall own, keep or harbor a dog shall allow or permit his dog to urinate or defecate upon any public street, public park, public building, sidewalk, parking area, parking lot, areas adjacent to or between curbs and sidewalks or any other public place. A dog so urinating or defecating is hereinafter referred to as an "offending dog."

B. It shall be unlawful for a person to fail to remove any feces left by his offending dog upon any public area referred to in the preceding subsection of this section of this Article. It shall be the duty of such person to immediately dispose of the feces on his own lands or premises or upon his own private property in a manner that does not represent or create a hazard to any person.

C. Any violation of this section of this Article shall constitute a violation punishable by a penalty levied against either the dog owner of an offending dog or the person having custody, possession or control over any offending dog or the person otherwise attending such dog when the offense occurs. The provisions of this section of this Article shall not apply to a guide dog accompanied by any blind person.

§ 148-10 Poundkeeper.

A. There is hereby established the office of Poundkeeper of the City of Bordentown. The Mayor shall appoint such person or persons to the office of Poundkeeper as he or she may see fit to properly carry out the provisions of this Article. Any person appointed as Poundkeeper shall hold office during the pleasure of the Mayor and shall be subject to discharge by the Mayor at any time as he or she may see fit.

B. The amount of salary to be paid to the Poundkeeper shall be as stated in the Annual Salary Ordinance of the City of Bordentown.[1]

[1] Editor's Note: The Annual Salary Ordinance of the City of Bordentown is on file in the city offices.

§ 148-11 Responsibilities of dog owners during festivals.

[Added 5-9-2005 by Ord. No. 2005-12[1]]

Every person owning, keeping, harboring or walking any dog during the Iris Festival, Street Fair in May and/or Cranberry Festival shall place and keep a muzzle on the dog while the dog is walking through the street or streets where the festival is taking place.

[1] Editor's Note: This ordinance also provided for the redesignation of former § 148-11, Violations and penalties, as § 148-12.

§ 148-12 Barking or noisemaking dogs.

[Added 8-13-2007 by Ord. No. 2007-14[1]]

A. No person shall allow any dog in his or her keeping, custody, control or ownership to bark, howl, cry or make other noises for any period longer than 1/2 hour between the hours of 10:00 p.m. and 7:00 a.m., or allow a dog on two or more occasions to make noise for intervals of more than 1/2 hour at any time of the day or night.

B. Prior to a complaint being filed in Municipal Court against any person for violating this section, the person shall receive a warning from the City Animal Control Officer advising of the violation of this section and that if another violation occurs within a six-month period, a complaint will be filed with the Municipal Court.

[1] Editor's Note: Pursuant to this ordinance, former § 148-12, Violations and penalties, was redesignated as § 148-13.

§ 148-13 Violations and penalties.

[Amended 12-24-1990 by Ord. No. 1990-5]

Except as provided in N.J.S.A. 4:19-1 et seq., violation of any provision of this article shall, upon conviction thereof, be punishable as provided in Chapter 1, General Provisions, Article I, Violations and Penalties.

Article II Livestock, Fowl and Rabbits

[Adopted 8-13-2007 by Ord. No. 2007-14]

§ 148-14 Definitions.

As used in this article, the following terms shall have the meanings indicated:

ANIMAL

Horse, mule, pony, donkey, burro, cow, goat, sheep, pig, chicken, turkey, duck, goose, guinea, pigeon or other poultry or fowl, rabbit, dog and cat, or their plural.

§ 148-15 Livestock.

No person shall keep or maintain any horse, mule, pony, donkey, burro, cow, goat, sheep or pig in any residential area within the City of Bordentown, unless such animal is situated on a tract of land at least one acre in area, and the pen, shed, barn, stable or other structure designed to confine or shelter such animal is so located on such tract that the nearest portion thereof is not less than 100 feet from the line of the adjoining property.

§ 148-16 Fowl.

No person shall keep or maintain any mature chicken, turkey, duck, goose, guinea, pigeon or other poultry or fowl in any residential area within the City of Bordentown unless the pen, poultry house or other structure designated to confine or shelter such poultry or fowl is so located on such a tract of land that the nearest portion thereof is not less than 25 feet from the line of the adjoining property.

§ 148-17 Rabbits.

No person shall keep or maintain more than 12 mature rabbits in any residential area within the City of Bordentown, and no pen, hutch or other structure designed to confine or shelter a rabbit or rabbits shall be so located that any portion of such pen, hutch or other structure is closer than 25 feet to the adjoining property line.

§ 148-18 Slaughter of animals.

A. No person shall kill or slaughter any animal within the City of Bordentown, unless such slaughter occurs on a tract of land at least three acres in area and the slaughter is conducted in a location that cannot be viewed by any person.

B. This section shall not apply to the act of putting to death any animal by the discharge of firearm by a sworn police officer, if the animal is dangerous or is so badly injured that humanity requires its removal from further suffering and no other disposition is practical.

C. This section shall not apply to the act of putting to death any such animal by a licensed veterinarian or an animal health technician, or for the administering of sodium pentobarbital for euthanasia of sick, injured, homeless or unwanted domestic pets or animals by an employee of a public pound or humane society who has received proper training in the administration of sodium pentobarbital for such purposes.

§ 148-19 Violations and penalties.

Except as provided by law, violations of any provisions of this article shall, upon conviction thereof, be punishable as provided in Chapter 1, General Provisions, Article I, Violations and Penalties.