[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:
Dog or cat.
[Added 8-5-1991 by Ord.
No. 91-13]
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]
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]
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]
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]
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]
The depositing of fecal matter.
[Added 7-17-1978 by Ord.
No. 78-17]
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]
Any dog which has attained the age of seven months or which
possesses a set of permanent teeth.
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]
Any establishment wherein or whereon the business of boarding
dogs is carried on.
[Amended 12-9-2019 by Ord. No. 2019-19]
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]
Rendered permanently incapable of reproduction as certified
by a licensed veterinarian.
[Added 8-5-1991 by Ord.
No. 91-13]
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]
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]
Any individual, corporation, partnership, organization or
institution commonly recognized by law as a unit.
[Added 8-5-1991 by Ord.
No. 91-13]
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]
An establishment for the confinement of dogs seized either
under the provisions of this article or otherwise.
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]
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.
The owner of any newly acquired dog of licensing age or of any
dog which attains licensing age shall make application for license
and registration tag for each dog within 10 days after such acquisition
or age attainment.
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]
Any person who keeps or operates or proposes to establish a
kennel, a pet shop, an animal care facility, animal rescue organization,
a shelter or a pound shall apply to the Secretary of the Board of
Health for a license entitling him or her to keep or operate such
establishment.
[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 12-9-2019 by Ord. No. 2019-19]
No dog kept in a kennel, pet shop, an animal care facility,
animal rescue organization, shelter or pound shall be permitted off
such premises, except on leash or a crate or other safe control.
[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:
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]
[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.
