Borough of Chesilhurst, NJ Article IV Licensing of Dogs; Control of Pets

[Adopted 5-11-2006 by Ord. No. 2006-5]

§ 116-16 Definitions and word usage.

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

BOROUGH

The Borough of Chesilhurst, County of Camden, New Jersey.

DOG

Any canine or canine hybrid, male or female.

DOG OF LICENSING AGE

Any dog which has attained the age of seven months and which possesses a set of permanent teeth.

DOMESTICATED

Any animal usually considered a household pet.

HABITUAL BARKING

The creating of a noise disturbance from a barking, yelping or howling dog continuously for 15 minutes or intermittently for one hour.

KENNEL

Any establishment, location or premises wherein or whereon more than four dogs or cats, or combination thereof, are harbored, kept or maintained, or the business of boarding, selling or breeding dogs or cats for sale is carried on. This shall not apply to the temporary (until weaned) keeping of dogs or cats which have been born to a female dog or cat kept on the same premises. Kennels are prohibited in all residential zones.

LEASH

Any rope, chain, strap or other restraining device.

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.

PET SHOP

Any room or group of rooms, cage or exhibition pen, not part of a kennel, wherein animals for sale are kept and displayed. Pet shops are prohibited in all residential zones.

POTENTIALLY DANGEROUS DOG

Any dog or dog hybrid declared potentially dangerous by a Municipal Court pursuant to N.J.S.A. 4:19-17 et seq.

POUND

An establishment for the confinement of dogs or cats seized either under the provisions of this article or otherwise.

RUNNING AT LARGE

The presence of any dog, whether licensed or not, off the lands and premises of its owner and unrestrained by a leash.

SHELTER

Any establishment, location or premises where dogs or cats are received, housed, kept, maintained or distributed. Shelters are prohibited in all residential zones.[1]

VICIOUS DOG

Any dog or dog hybrid declared vicious by a Municipal Court pursuant to N.J.S.A. 4:19-22.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

B. Word usage. The singular shall include the plural.

§ 116-17 License required; licensing authority.

No person shall keep or harbor any dog within the Borough of Chesilhurst, in the County of Camden, without first obtaining a license therefor, to be issued by the Borough Clerk upon application by the owner and payment of a prescribed fee, pursuant to Article III, Licensing of Dogs; Fees, adopted by the Borough Counsel of the Borough of Chesilhurst on December 8, 2005. No person shall keep or harbor any dog in said Borough except in compliance with the provisions of this article.

§ 116-18 Annual procurement of license and registration tag; tag to be worn by dog.

Any person who shall own, keep or harbor a dog of licensing age shall, in the month of January of each year, apply for and procure from the Office of the Borough Clerk a license and official registration tag for each such dog owned, kept or harbored and shall place upon each such dog a collar or harness with the registration tag securely fastened thereto.

§ 116-19 Seeing Eye, hearing and service dogs. [1]

Dogs used as guide dogs for the blind ("Seeing Eye dogs"), for the deaf ("hearing dogs"), and as assistants ("service dogs") shall be licensed and registered as other dogs are required pursuant to this chapter, except that fees for the licensing and registration shall be waived, provided the owner or keeper of one of these special dogs provides proof of such special designation from an accredited association at the time of licensing and registration.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 116-20 Dogs attaining licensing age; newly acquired dogs.

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.

§ 116-21 Dogs brought from outside Borough.

A. Any person who shall bring or cause to be brought into the Borough of Chesilhurst 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 the Borough for a period of more than 90 days, shall immediately apply for a license and registration tag for each such dog, unless such dog is licensed under another section of this article.

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, unless such dog is licensed under another section of this article.

§ 116-22 Application information; registration numbers.

A. The application shall state the breed, sex, age, color and markings of the dog for which the license and registration are sought, and whether it is of a long or short haired variety; also, the name, street and post office address and telephone number of the owner and the person who shall keep or harbor such dog.

B. The information on said application and said registration number issued for the dog shall be preserved for a period of three years by the Borough Clerk. In addition, the Borough Clerk shall forward similar information to the State Department of Health and Senior Services each month on forms furnished by said Department.

C. Registration numbers shall be issued in the order of the applications.

§ 116-23 Inoculation against rabies.

A. No person in the Borough of Chesilhurst 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 of inoculation shall consist of an antirabies vaccine of standard and accepted quality and formula, the duration of which shall be noted on the vaccination certificate or tag.

B. No license or registration tag will be issued unless proof of rabies vaccination or inoculation has been presented to the Borough Clerk.

§ 116-24 Dog canvass. [1]

The Borough Clerk shall annually or biennially cause a canvass to be made of all dogs owned, kept, or harbored within the limits of the Borough and shall report to the State Department of Health and Senior Services the result thereof.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 116-25 Impoundment; notice of seizure; disposition.

A. Any person appointed for that purpose by the governing body of the Borough 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 has reason to believe is a stray dog; and

(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.

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 if the owner or person keeping or harboring said dog is known, any person authorized by the governing body shall forthwith serve on the person keeping or harboring said dog 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. 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 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 maintenance, not exceeding $4 per day, or 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, any person authorized by the governing body may cause the dog to be destroyed in a manner causing as little pain as possible.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 116-26 Authorization to enter premises.

Any officer or agent authorized 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 to perform any duty under this article.

§ 116-27 Habitual barking.

It shall be unlawful for any person to own, keep, maintain, harbor, or have in possession any dog which, by frequent or habitual barking, shall cause a nuisance by creating a serious annoyance or disturbance to any individual or to the neighborhood.

§ 116-28 Running at large.

No person owning, keeping or harboring any dog shall allow 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 or upon any private premises outside the premises of the owner.

§ 116-29 Property damage.

No person owning, keeping or harboring a dog shall permit or allow it to do any injury or to do any damage to any lawn, shrubbery, flowers, grounds or property.

§ 116-30 Dog feces.

A. Control and cleanup.

(1) No person owning, possessing, harboring, keeping, walking or in custody or charge of any dog shall cause, allow or permit such dog to soil, defile, defecate on or commit any nuisance on any common thoroughfare, sidewalk, passageway, bypath, play area, park, school ground 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; provided, however, it shall be a complete defense to a violation of this section that such person immediately shall have removed and disposed of all feces and droppings deposited by said dog in a suitable and sanitary manner.

(2) Any person owning, possessing, harboring, keeping, walking or in custody or charge of any dog shall have in his or her possession appropriate sanitary means to remove immediately any feces and droppings which may be deposited by such dog on or in the areas enumerated or described in Subsection A(1) above. Such means shall include, but is not limited to, a scooper, shovel, container, disposal bag, wrapper or other implement.

(3) Disposal in a suitable and sanitary manner shall include, but shall not be limited to, taking the removed feces and droppings home in a container, disposal bag or wrapper and placing the same in a trash can or removing the same from the container, bag or wrapper and depositing the same in the sanitary sewer. In no event shall disposal in a suitable and sanitary manner include the placement of unwrapped feces or droppings in a trash can, or the placement or disposal into a storm sewer or the burial of said feces or droppings on or in property or areas enumerated and described in Subsection A(1) above.

(4) The prohibition contained in this subsection shall not apply to any blind person owning, possessing, harboring, keeping, walking, in custody or charge of, or accompanied by a guide dog or Seeing Eye dog.

B. Noxious odors; nuisance. No person owning, possessing, harboring, keeping or in custody or charge of any dog or dogs shall cause, permit or allow the accumulation of dog feces or droppings upon his or her property or upon property occupied by him or her to the extent that the odor may be noticeable to any adjoining property owner or owners or that it creates or results in an attraction for vermin breeding or any other public health nuisance to adjoining property owners and neighbors.

C. Complaints of violation. Complaints for the violation of § 116-30A and B of this article may be filed in the Municipal Court of the Borough of Chesilhurst by any citizen, special officer or member of the Police Department.

§ 116-31 Removal of registration tags; false registration tags.

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.

§ 116-32 Licensing requirements for kennels and pet shops.

A. Any person who keeps or operates or proposes to establish a kennel or pet shop shall apply to the Borough Clerk for a license entitling him to keep or operate such establishment, which application shall describe the premises where the establishment is located or is proposed to be located and the purpose for which it is to be maintained and shall be accompanied by the written approval of the governing body, showing compliance with the local and state rules and regulations governing the location of and sanitation at such establishment.

B. All licenses issued for kennels or pet shops shall state the purpose for which the establishment is maintained, and all such licenses shall expire on the last day of June of each year and shall be subject to revocation by the governing body on the recommendation of the State Department of Health and Senior Services or the governing body of the Borough of Chesilhurst, for failure to comply with the rules and regulations of the State Department of Health and Senior Services or the ordinances of the Borough governing the same, after the owner has been afforded a hearing by either the State Department of Health and Senior Services or the governing body or as may be required by N.J.S.A. 4:19-15.8 et seq.

C. Any person holding such license shall not be required to secure individual licenses for dogs owned by such licensee and kept at such establishments. Such licenses shall not be transferable to another owner or different premises.

§ 116-33 License fees for kennels and pet shops.

A. The annual license fee for a kennel providing accommodations for 10 or less dogs or cats shall be $10 and for more than 10 dogs or cats $25. The annual license fee for a pet shop shall be $10. No fee shall be charged for a shelter or pound.

B. Every pet shop licensed in the State of New Jersey shall submit annually to the municipality in which it is located, and no later than May 1 of each year, records of the total number of cats and dogs, respectively, sold by the pet shop each year and the municipality shall provide this information to the local health authority.

§ 116-34 Disposition of fees collected.

A. License fees and other money collected or received under the provisions of this article, except those fees which are forwarded to the State of New Jersey, shall be forwarded to the Treasurer of the Borough and shall be placed in a special account separate from any of the other accounts and shall be used for the following purposes:

(1) Collecting, keeping and impounding of dogs liable to seizure under this article;

(2) Local prevention and control of rabies;

(3) Payment of damages to or losses of poultry and domestic animals, except dogs and cats, caused by unknown dog or dogs;

(4) Canvass of unlicensed dogs as prescribed by the State of New Jersey;

(5) Administering the provisions of this article; and

(6) Providing for dog control in the Borough.

B. The registration tag fee of $1 for each dog, and all other fees collected in connection with dog licensing and registration, shall be forwarded within 30 days after collection by the Borough Clerk to the State Department of Health and Senior Services.

§ 116-35 Control of dogs in kennels and pet shops. [1]

No dog kept in a kennel, pet shop, shelter, or pound shall be permitted off such premises, except on a leash or in a crate under other safe control.[2]

[1] Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[2] Editor's Note: Original § 18, Potentially dangerous and vicious dogs, which immediately followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 116-36 Animal abuse.

A. No owner or person in charge shall fail to provide their animals with humane care and treatment, sufficient, good and wholesome food and water, proper shelter and protection from the weather and veterinary care when needed to prevent suffering.

B. No person shall beat, cruelly treat, torment, overload, overwork and otherwise abuse any animal or cause or permit any fight between animals or between animals and humans.

C. No owner of any animal shall abandon such animal.

D. No person shall keep or harbor any animal not considered domesticated and for which licensing and registration will not be issued.

§ 116-37 Violations and penalties.

A. Any person who violates or refuses to comply with any part of the provisions 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 and animals within and from such establishments shall be liable for a fine of not more than $500 or imprisonment for not more than 90 days or a period of community service not exceeding 90 days, or a combination of the foregoing. Any fine shall be paid to the Treasury of the Borough of Chesilhurst.

[Amended 6-7-2012 by Ord. No. 2012-5]

B. Any person who fails to obtain a dog license and registration tag as herein provided shall be liable for a fine of not less than $25 and not more than $100.

C. Any person who violates or fails to comply with any part of § 116-30A and B shall, upon conviction thereof, be liable for a fine not to exceed $250 for each offense, imprisonment for a term not exceeding 90 days, or a period of community service not exceeding 90 days, or a combination of the foregoing. Any fine shall be paid to the Treasury of the Borough of Chesilhurst.

[Amended 6-7-2012 by Ord. No. 2012-5]

D. Any person who violates or fails to comply with any part of § 116-28 shall, upon the first conviction thereof, be liable for a fine no less than $100 but not to exceed $500; or upon the second conviction thereof, shall be liable for a fine no less than $250 but not to exceed $500; or upon the third or any subsequent conviction thereof, shall be liable for a fine of $500.

[Added 6-7-2012 by Ord. No. 2012-4]

§ 116-38 License denial.

Any person found violating or refusing to comply with any part of the provisions of this article, resulting from a complaint filed in Municipal Court of the Borough of Chesilhurst, by any citizen, special officer or member of the Police Department, on three or more occasions, shall be denied the issuance of a license to keep or harbor any dog within the Borough of Chesilhurst and any dog shall be removed by order of the Municipal Court of the Borough of Chesilhurst.

§ 116-39 Extreme weather conditions.

[Added 5-12-2016 by Ord. No. 2016-4]

A. Extreme weather. In extreme weather below 32º F. and above 90º F., and in storms with prolonged or severe wind, rain, hail, or snow, all dogs and cats must be brought indoors, whether tethered or kenneled. "Indoors" shall include any area of the residence that is consistently above 32º F. or below 90º F. and shall have adequate ventilation. After being brought indoors, a dog or cat shall not be placed outdoors until the conditions specified in this subsection are no longer present.

B. Each failure to comply with Subsection A of this section shall be deemed a separate offense, and each violation shall subject the violator, upon conviction, to a fine of not than $100 nor more than $500.