[Adopted 9-26-1966 as Ch. 7 of the 1966 Code]
For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
ANIMAL
Dog or cat.
[Added 8-5-1991 by Ord. No. 91-13]
ANIMAL CARE FACILITY
An animal control center or animal shelter, maintained by or under contract with any state, county or municipality, whose mission and practice is, in whole, or significant part, the rescue and placement of animals in permanent homes.
[Added 12-9-2019 by Ord. No. 2019-19]
ANIMAL CONTROL AUTHORITY
Any person or agency designated or certified by the State of New Jersey to enforce the provisions of this article.
[Added 8-5-1991 by Ord. No. 91-13]
ANIMAL RESCUE ORGANIZATION
Any not-for-profit organization which has tax-exempt status under Section 501(c)(3) of the United States Internal Revenue Code, whose mission and practice is, in whole or in significant part, the rescue and placement of animals in permanent homes.
[Added 12-9-2019 by Ord. No. 2019-19]
CAT
Any member of the domestic feline species; male, female, neutered, spayed, or altered, Felis catus.
[Added 8-5-1991 by Ord. No. 91-13; amended 12-9-2019 by Ord. No. 2019-19]
CAT OF LICENSING AGE
Any cat which has attained the age of seven months or which possesses a set of permanent teeth.[1]
[Added 8-5-1991 by Ord. No. 91-13]
COMMITTING NUISANCE
The depositing of fecal matter.
[Added 7-17-1978 by Ord. No. 78-17]
DOG
A member of a species of domestic dog, male, female, neutered, spayed or altered, Canis familiaris.
[Amended 12-9-2019 by Ord. No. 2019-19]
DOG OF LICENSING AGE
Any dog which has attained the age of seven months or which possesses a set of permanent teeth.
GUIDE DOG
Any dog used to assist persons who are deaf, or which is fitted with a special harness so as to be suitable as an aid to the mobility of a person who is blind, and is used by a person who is blind and has satisfactorily completed a specific course of training in the use of such a dog, and has been trained by an organization generally recognized by agencies involved in the rehabilitation of persons with disabilities, including, but not limited to, those persons who are blind or deaf, as reputable and competent to provide dogs with training of this type.
[Added 12-9-2019 by Ord. No. 2019-19]
KENNEL
Any establishment wherein or whereon the business of boarding dogs is carried on.
[Amended 12-9-2019 by Ord. No. 2019-19]
LICENSING AUTHORITY
The agency or department of the Borough or any designated representative thereof charged with administration, issuance and/or revocation of permits and licenses under the provisions of this article.
[Added 8-5-1991 by Ord. No. 91-13]
NEUTERED
Rendered permanently incapable of reproduction as certified by a licensed veterinarian.
[Added 8-5-1991 by Ord. No. 91-13]
OFFER FOR SALE
To sell, offer for sale or adoption, advertise for the sale of, barter, auction, give away or otherwise dispose of a dog or cat.
[Added 12-9-2019 by Ord. No. 2019-19]
OWNER
Includes every person having a right of property, or custody, in such cat or dog and every person who has such cat or dog in his or her keeping or who harbors or maintains a cat or dog or knowingly permits a cat or dog to remain on or about any premises occupied by that person.
[Added 8-5-1991 by Ord. No. 91-13]
PERSON
Any individual, corporation, partnership, organization or institution commonly recognized by law as a unit.
[Added 8-5-1991 by Ord. No. 91-13]
PET SHOP or PET STORE
A retail establishment where dogs and cats are sold, exchanged, bartered or offered for sale as pet animals to the general public at retail. Such definition shall not include an animal care facility or animal rescue organization, as defined.
[Amended 12-9-2019 by Ord. No. 2019-19]
POUND
An establishment for the confinement of dogs seized either under the provisions of this article or otherwise.
SERVICE DOG
Any dog individually trained to the requirements of a person with a disability including, but not limited to, minimal protection work, rescue work, pulling a wheelchair or retrieving dropped items. This term shall include a "seizure dog" trained to alert or otherwise assist persons with epilepsy or other seizure disorders.
[Added 12-9-2019 by Ord. No. 2019-19]
SHELTER
Any establishment where dogs are received, housed and distributed without charge.
[1]
Editor's Note: The former definition of "cattery," added 8-5-1991 by Ord. No. 91-13, which immediately followed this definition, was repealed 12-9-2019 by Ord. No. 2019-19.
[Amended 5-7-1973 by Ord. No. 73-10]
A. 
The Board of Health of the Borough is hereby authorized to employ a suitable person as Animal Control Officer and to employ such assistants to the Animal Control Officer as the Board of Health may from time to time deem necessary. Such employee shall assist in enforcing the provisions of this article.
B. 
The Animal Control Officer and such assistants as may be appointed shall be subject to the supervision and direction of the Board of Health, and the Board of Health may adopt rules and regulations prescribing further duties of the Animal Control Officer and his or her assistants and for the keeping and maintaining of the Borough dog pound not inconsistent with the laws of the state and of this article.
[Amended 5-7-1973 by Ord. No. 73-10]
No person shall keep or harbor any dog within the Borough without registering and obtaining a license therefor to be issued by the Secretary of the Board of Health upon application by the owner and payment of the prescribed fee, and no person shall keep or harbor any dog in the Borough except in compliance with the provisions of this article.
The application for a dog license and registration shall state the breed, sex, age, color and markings of the dog for which the license and registration are sought, whether it is of a long- or short-haired variety and the name, street and post office address of the owner and the person who shall keep or harbor such dog. The information on the application and the registration number issued for the dog shall be preserved for a period of three years. In addition, the Secretary of the Board of Health shall forward to the State Department of Health each month, on forms furnished by the Department, an accurate account of registration numbers issued or otherwise disposed of. Registration numbers shall be issued in the order of the application.
[Amended 5-7-1973 by Ord. No. 73-10]
Any person who shall own, keep or harbor a dog of licensing age shall annually, in the month of January, apply for and procure from the Secretary of the Board of Health, 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.
[Amended 11-17-1975 by Ord. No. 75-22; 6-18-1979 by Ord. No. 79-16; 12-29-1980 by Ord. No. 80-32; 9-15-1997 by Ord. No. 97-20; 12-5-2016 by Ord. No. 2016-29; 12-9-2019 by Ord. No. 2019-19]
A. 
The person applying for the license and registration tag of a dog shall pay an annual fee of $13.80 plus such additional fees as established by the state and forwarded to the Department of Health. A fee of $3 shall be added for unneutered dogs. For each annual renewal the fee for the license for the registration tag shall be the same as for the original license tag. The licenses, registration tags and renewals thereof shall expire on the last day of January of the following year.
B. 
Commencing March 1 of each year a late fee of $5 will be added to the regular dog license fee.
[Amended 9-15-1997 by Ord. No. 97-20]
Whenever the metallic tag of registration provided for by this article has been lost, such tag may be replaced by the Borough Clerk with a new number tag, together with a new certificate of registration, upon payment of a fee of $1, provided that the old certificate of registration is presented at the same time.
[Amended 9-15-1997 by Ord. No. 97-20; 12-9-2019 by Ord. No. 2019-19]
Dogs used as guide dogs or service dogs, as defined above and/or in N.J.S.A. 10:5-5, shall be licensed and registered as other dogs hereinabove provided for, except that the owner or keeper of a guide dog or service dog shall not be required to pay any fee therefor. A dog temporarily placed in a foster home as part of a formalized training to be a guide dog or service dog shall not be required to be licensed and registered while the dog remains in the foster home for such training.
A. 
Any person who shall bring or cause to be brought into the Borough 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 § 59-14.
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 ten days shall immediately apply for a license and registration tag for each such dog, unless such dog is licensed under § 59-14.
[Added 8-5-1991 by Ord. No. 91-13; amended 12-9-2019 by Ord. No. 2019-19]
A. 
Applicability. No person shall own, keep, harbor or maintain any cat over seven months of age within the Borough, unless such cat is vaccinated and licensed. The provisions of this section do not apply to cats held by a state or federal licensed research facility, or a veterinary establishment where cats are received or kept for diagnostic, medical, surgical or other treatments or licensed animal shelters, pounds, an animal care facility, animal rescue organization, kennels or pet shops.
B. 
Vaccination. All cats shall be vaccinated against rabies by a licensed veterinarian in accordance with the latest "Compendium of Animal Rabies Vaccines and Recommendations for Immunization" published by the National Association of State Public Health Veterinarians, except as provided for in Subsection D.
C. 
Certificate. A certificate of vaccination shall be issued to the owner of each animal vaccinated on a form recommended by the state.
D. 
Exemptions. Any cat may be exempted from the requirement of such vaccination for a specified period of time by the Board of Health upon presentation of a veterinarian's certificate stating that because of an infirmity or other physical condition, or regimen of therapy, the inoculation of such cat shall be deemed inadvisable.
[Added 8-5-1991 by Ord. No. 91-13]
A. 
Annual renewal; fastening to cat. Any person who shall own, keep, or harbor a cat of licensing age shall annually apply for and procure from the Secretary of the Board of Health, or other official designated by the Borough Council to license cats, a license and official registration tag with license number or a registration sleeve for each cat so owned, kept or harbored and shall place upon such a cat a collar, or other device with the license number securely fastened or displayed thereto. Acceptable methods of displaying license number shall include but are not limited to breakaway or elastic collars. License tags or sleeves are not transferable.
B. 
Time for applying for license. The owner of any newly acquired cat of licensing age, or of any cat which attains licensing age, shall make application for a license tag or sleeve for such cat to the Board of Health within ten days after such acquisition or age is attained. This requirement will not apply to nonresidents keeping a cat within the Borough for less than 90 days.
C. 
Cats brought into jurisdiction.
(1) 
Any person who shall bring, or cause to be brought, into the Borough any cat licensed in another state for the current year, and bearing registration tag or sleeve, 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 or sleeve for each such cat.
(2) 
Any person who shall bring or cause to be brought into the Borough any unlicensed cat, and shall keep same or permit same to be kept within the Borough for a period of more than 10 days, shall immediately apply for a license and registration tag or sleeve for each such cat.
D. 
Application, preservation of information. The application shall state the breed, sex, age, color and markings of the cat for which the license and registration are sought, whether it is of a long- or short-haired variety and the name, street and post office address of the owner and the person who shall keep or harbor such cat. The information on said application and the registration number issued for the cat shall be preserved for a period of three years by the Secretary to the Board of Health.
E. 
License forms and tags. License forms and official tags or sleeves shall be furnished by the Borough and shall be numbered serially and shall bear the year of issuance and the name of the Borough.
F. 
Evidence of inoculation. The Secretary to the Board of Health or other official designated by the Borough Council to license cats shall not grant any such license and official registration tag or sleeve for any cat, unless the owner thereof provides evidence that the cat to be licensed and registered has been inoculated with a rabies vaccine of a type approved by and administered in accordance with the recommendations of the United States Department of Human Services, or has been certified exempt as provided by § 59-11D of this chapter. The rabies inoculation shall be administered by a duly licensed veterinarian or by such other veterinarian permitted by law to do the same.
G. 
Fees. A license shall be issued after payment of a fee of $15 for each unneutered cat and $12 for each neutered cat. Persons who fail to obtain a license as required within the time period specified in this section will be subject to a delinquent fee of $5, as well as such other penalties as provided in § 59-34 of this article.
[Amended 12-5-2016 by Ord. No. 2016-29; 12-9-2019 by Ord. No. 2019-19]
H. 
Other municipalities; renewal; expiration.
(1) 
A license from another municipality in this state shall be accepted for the current year. The person applying for the license and registration tag and/or sleeve shall pay the fee fixed or authorized. The fee for the renewal of license and registration tag or sleeve shall be the same as for the original, and said license, registration tag or sleeve and renewal thereof shall expire on January 31 of the following year.
(2) 
Only one license and registration tag or sleeve shall be required in the licensing year for any cat in the Borough. Any valid New Jersey license tag or sleeve issued by a New Jersey municipality shall be accepted by the Borough as evidence of compliance.
I. 
Loss of license. If a license tag or sleeve has been misplaced or lost, the Secretary to the Board of Health or other official designated by the Borough Council to license cats may issue a duplicate license and/or registration sleeve for that particular cat at a fee of $0.50.
J. 
Proof of licensing. Proof of licensing shall be produced by any person owning, keeping, maintaining or harboring a cat upon the request of any health official, police officer, animal control officer or other authorized person.
K. 
Interfering with duties. No person shall hinder, molest or interfere with anyone authorized or empowered to perform any duty under this ordinance.
L. 
Disposition of fees collected. License fees and other moneys collected or received under the provisions of this section shall be forwarded to the Borough Treasurer and shall be placed in a special account separate from any of the other accounts of the Borough and may, at the discretion of the Borough Council, be used for the following purposes only: collecting, keeping and disposing of cats liable to seizure, for local prevention and control of rabies and for administering the provisions of this section. Any unexpected balance remaining in such special account shall be retained 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 third 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 the special account during the last two fiscal years next preceding.
No person, except an officer in the performance of his or her 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.
[Amended 12-9-2019 by Ord. No. 2019-19]
The application for a kennel, pet shop, an animal care facility, animal rescue organization, shelter or pound license shall describe the premises where the establishment is located or is proposed to be located, the purpose for which it is to be maintained and shall be accompanied by the written approval of the Health Officer of the Borough showing compliance with the local and state rules and regulations governing location of any sanitation at such establishments.
[Amended 9-15-1997 by Ord. No. 97-20; 12-9-2019 by Ord. No. 2019-19]
All licenses issued for a kennel, pet shop, an animal care facility, animal rescue organization, shelter or pound shall state the purpose for which the establishment is maintained, and all such licenses shall expire on the last day of June of the following year.
[Amended 12-9-2019 by Ord. No. 2019-19]
Any person holding a license for a kennel, an animal care facility, animal rescue organization, shelter or pound shall not be required to secure individual licenses for dogs owned by such licensee and kept at such establishment. Such license shall not be transferable to another owner or different premises.
[Amended 9-15-1997 by Ord. No. 97-20; 12-9-2019 by Ord. No. 2019-19]
The annual license fee for a kennel providing accommodations for 10 or fewer dogs shall be $10 and shall be $25 for more than 10 dogs. The annual license fee for a pet shop shall be $45. No fee shall be charged for an animal care facility, animal rescue organization, a shelter or pound.
[Amended 5-7-1973 by Ord. No. 73-10; 8-5-1991 by Ord. No. 91-13]
The Sanitary Inspector of the Board of Health shall annually cause a canvass to be made of all dogs or cats owned, kept or harbored within the Borough and shall report, on or before May 1 of each year, to the Secretary of the Board of Health and to the State Department of Health the result thereof, setting forth in separate columns the names and addresses of persons owning, keeping or harboring such dogs or cats, the number of licensed dogs or cats owned, kept or harbored by each of the persons, together with the registration numbers of each of the dogs or cats and the number of unlicensed dogs or cats owned, kept or harbored by each of the persons, together with a complete description of each of the unlicensed dogs or cats. Such canvass may be made with the assistance of the Borough police reserves.
[Amended 9-15-1997 by Ord. No. 97-20]
The Animal Control Officer of the Borough shall take into custody and impound or cause to be taken into custody and impounded and thereafter offered for adoption or destroyed as provided in this section:
A. 
Any dog off the premises of the owner or of the person keeping or harboring the dog which the warden or his or her agent have reason to believe is a stray dog.
B. 
Any dog off the premises of the owner or of the person keeping or harboring the dog without a current registration tag on his or her collar.
C. 
Any female dog in season off the premises of the owner or of the person keeping or harboring the dog.
D. 
Any cat running at large contrary to the provisions of this article.
[Amended 8-5-1991 by Ord. No. 91-13]
A. 
If any dog or cat seized pursuant to the provisions of the preceding section 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 the dog or cat is known, the Animal Control Officer shall forthwith serve on the person whose address is given on the collar, or on the owner or the person keeping or harboring the dog or cat, if known, a notice in writing stating that the dog or cat has been seized and will be liable to be disposed of, offered for adoption or destroyed if not claimed within seven days after the service of the notice.
[Amended 9-15-1997 by Ord. No. 97-20]
B. 
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 or her usual or last-known place of abode or to the address on the collar.
[Amended 8-5-1991 by Ord. No. 91-13]
For every dog or cat seized pursuant to the provisions of § 59-21, there shall be a daily pound fee prescribed by the Board of Health. When any dog or cat so seized has been detained for seven days after notice, when notice can be given as set forth in § 59-22, or has been detained for seven days after seizure, when notice has not been and cannot be given as set forth in § 59-22, and if the owner or person keeping or harboring the dog or cat has not claimed the dog or cat and paid expenses incurred by reason of its detention, and if the dog or cat is unlicensed at the time of the seizure and the owner or person keeping or harboring the dog or cat has not produced a license or registration tag for the dog or cat, the Animal Control Officer may cause the dog or cat to be destroyed in such a manner as to cause as little pain as possible.
[Amended 5-7-1973 by Ord. No. 73-10]
The Animal Control Officer shall submit a weekly report to the Secretary of the Board of Health, which report shall contain a description of each animal seized pursuant to the provisions of this article, the reason for such seizure and the disposition made of such animal.
[Amended 5-7-1973 by Ord. No. 73-10]
The Secretary of the Board of Health shall render a quarterly report to the Board of Health and the Mayor and Council, which report shall contain the following information:
A. 
The number of dogs captured.
B. 
The number of dogs destroyed.
C. 
The number of dogs redeemed from the pound.
D. 
The number of cats captured.
E. 
The number of cats destroyed.
F. 
The number of cats redeemed from the pound.
Any 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 which he or she may lawfully seize and impound when such officer is in immediate pursuit of such dog, except upon the premises of the owner of the dog if the owner is present and forbids the same.
[Amended 5-7-1973 by Ord. No. 73-10]
It shall be the duty of the Sanitary Inspector of the Board of Health, the Health Officer of the Board of Health and of each member of the Police Department of the Borough to assist in carrying out the provisions of this article and to enforce the provisions of this article.
No person shall hinder, molest or interfere with anyone authorized or empowered to perform any duty under this article.[1]
[1]
Editor's Note: Original § 7-27, which dealt with permitting dogs to commit nuisances, which immediately followed this section, was deleted 9-15-1997 by Ord. No. 97-20.
No person owning, keeping or harboring a dog shall permit or suffer it to do any injury or damage to any lawn, shrubbery, flowers, grounds or property of another.
[Amended 9-15-1997 by Ord. No. 97-20]
It shall be unlawful for any person to possess or harbor upon his or her premises any dog which shall, by howling or barking, make any disturbing noises in any neighborhood in the Borough.
It shall be unlawful for any dog to run at large in the Borough off the premises of the owner of such dog. Any owner whose dog shall be found running at large in the Borough, off the premises of the owner of such dog shall, upon conviction therefor, be subject to pay a fine of not less than $20 nor more than $30 for the first offense, or imprisonment for a term of not less than five days nor more than 10 days, or both, in the discretion of the Judge. For a subsequent violation such owner shall be subject to a fine of not less than $25 nor more than $50 or imprisonment for a term of not less than 10 days nor more than 20 days, or both, in the discretion of the Judge.
It shall be unlawful for any person to permit to run at large any cat, male or female, within the Borough, unless such cat shall carry or wear a small bell.
[Added 9-15-1997 by Ord. No. 97-20; amended 2-4-2013 by Ord. No. 2013-2]
The keeping of more than four cats and/or four dogs of licensing age, without written permission of the Secretary of the Board of Health, upon the showing of good cause, shall be prohibited. The denial of permission for the keeping of more than four cats and/or four dogs of licensing age shall be subject to appeal to the Board of Health.
[Amended 5-7-1973 by Ord. No. 73-10; 9-15-1997 by Ord. No. 97-20; 12-9-2019 by Ord. No. 2019-19]
Any person who violates or refuses to comply with any provision of this article, except §§ 59-31 and 59-35, shall be subject to a fine not exceeding $500 or to imprisonment for a period not exceeding six months, except where punishable under state law.
[Added 12-9-2019 by Ord. No. 2019-19]
No pet shop or store shall sell, deliver, offer for sale, barter, auction, give away or otherwise transfer or dispose of cats or dogs. Nothing in this section shall prohibit stores from collaborating with animal care facilities or animal rescue organizations to offer space for such entities to showcase adoptable dogs and cats. Nothing herein shall be interpreted as prohibiting the sale or purchase of dogs or cats directly from a responsible breeder. Further, nothing herein shall prevent the sale or purchase of the litter of pet cats or dogs by residents.
[Added 12-9-2019 by Ord. No. 2019-19]
Any person, firm or corporation who violates or neglects to comply with any provision of § 59-35 shall be subject to a fine of not more than $2,000 for each separate offense, or incarceration for a period of not more than 90 days, or community service for a period of not more than 90 days, or any combination of fine, imprisonment and/or community service, as determined at the discretion of the Municipal Court Judge. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be subject to penalties as provided herein for each separate offense. The violation of any one or more provisions of this article shall be subject to abatement summarily by a restraining order or by an injunction issued by a court of competent jurisdiction.