Borough of Woodcliff Lake, NJ Dogs

The words "and" and "or" may be used interchangeably, and either of the two shall be applicable, whichever is more conducive towards the effectuation of this article.

The masculine, feminine or neuter gender shall be implied, whichever is appropriate and conducive for the effectuation of this article.

§ 98-2 License required.

No person shall keep or harbor any dog within the Borough of Woodcliff Lake, in the County of Bergen, without first obtaining a license therefor, to be issued by the Clerk of the Borough upon application by the owner and payment of the prescribed fee, and no person shall keep or harbor any dog in said Borough except in compliance with the provisions of this article.

§ 98-3 When to obtain license; registration tag.

[Amended 11-4-2009 by Ord. No. 09-16]

Any person who shall own, keep or harbor a dog of licensing age shall, in the month of January apply for and procure from the Clerk of the Borough 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.

§ 98-4 License fees; exception.

The person applying for the license and registration tag shall pay a fee as provided in Chapter 163, Fees. The same fees shall apply for annual renewals of license and registration tags, and said licenses, registration tags and renewals thereof shall expire on the last day of January of each year.

[Amended 12-12-1960 by Ord. No. 187; 12-26-1974 by Ord. No. 74-13; 4-21-1980 by Ord. No. 80-11; 10-4-1984 by Ord. No. 82-14; 9-19-1983 by Ord. No. 83-11; 4-15-1985 by Ord. No. 85-4]

Dogs used as guides for blind persons and commonly known as "seeing eye" dogs, dogs used to assist handicapped persons and commonly known as "service dogs" and dogs used to assist deaf persons and commonly known as "hearing ear" dogs shall be licensed and registered as other dogs hereinabove provided for, except that the owner or keeper of such dog shall not be required to pay any fee therefor.

[Amended 11-4-2009 by Ord. No. 09-16]

§ 98-5 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.

§ 98-6 Application for license.

The application shall state the breed, sex, age, color and markings of the dog for which a license and registration are sought, and whether it is of a long- or short-haired variety, and shall also state the name, street and post office address of the owner and the person who shall keep or harbor such dog. The information on said application and registration number issued for the dog shall be preserved for a period of three years by the Clerk of the Borough. In addition, he shall forward similar information to the State Department of Health and Senior Services each month on forms furnished by said Department. Registration numbers shall be issued in the order of the applications.

§ 98-7 Dogs licensed in other states; unlicensed dogs.

Any person who shall bring or cause to be brought into the Borough of Woodcliff Lake, in the County of Bergen, any dog licensed in another state for the current year and bearing a registration tag and who 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.

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.

§ 98-8 Attachment and removal of 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.

§ 98-9 Disposition of fees.

License fees and other moneys collected or received under the provisions of this article, except registration tag fees, shall be forwarded to the Treasurer of the Borough within 30 days after collection or receipt and shall be placed in a special account separate from any of the other accounts of the Borough and shall be used for the following purposes only: for collecting, keeping and disposing of dogs liable to seizure under this article; for local prevention and control of rabies; for providing antirabic treatment under the direction of the local Board of Health for any person known or suspected to have been exposed to rabies; for all other purposes prescribed by the statutes of New Jersey governing the subject; and for administering the provisions of this article. Any unexpended balance remaining in such special account shall be retained therein 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 said third fiscal year following and at the end of each 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 said special account during the last two fiscal years next preceding.

The registration tag fee shall be forwarded within 30 days after collection by the Clerk to the State Department of Health and Senior Services.

[Amended 4-15-1985 by Ord. No. 85-4]

§ 98-10 Annual dog census.

The Chief of Police of the Borough, or any official, police officer or other person designated by him, shall promptly after February 1, 1954, and annually thereafter cause a canvass to be made of all dogs owned, kept or harbored within the limits of the Borough and shall report to the Clerk of the Borough, the Board of Health of the Borough and to the State Department of Health and Senior Services the result thereof, setting forth in separate columns the names and addresses of persons owning, keeping or harboring such dogs, the number of licensed dogs owned, kept or harbored by each of said persons, together with the registration numbers of each of said dogs and the number of unlicensed dogs owned, kept or harbored by each of said persons, together with a complete description of each of said unlicensed dogs.

§ 98-11 Animal Control Officers.

The Borough Council shall also have power to appoint one or more persons to be known as "Animal Control Officers," who may impound unlicensed dogs running at large in violation of the provisions of this article.

§ 98-12 Impounding of dogs.

The Chief of Police of the Borough, or any official, police officer or other person designated by him, 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:

Any dog off the premises of the owner or of the person keeping or harboring said dog, which said official or his agent or agents have reason to believe is a stray dog.

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.

Any female dog in season off the premises of the owner or of the person keeping or harboring said dog.

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 the owner or the person keeping or harboring said dog is known, the Chief of Police shall forthwith serve on the person whose address is given on the collar or on the owner or the person keeping or harboring said dog, if known, 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.

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 usual or last known place of abode or to the address given on the collar.

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 if 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 a maintenance fee not exceeding that established in Chapter 163, Fees, and 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, the Animal Control Officer may cause the dog to be destroyed in a manner causing as little pain as possible.

[Amended 4-15-1985 by Ord. No. 85-4]

§ 98-13 Authority of officers.

An 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 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.

§ 98-14 Interference with officers.

No person shall hinder, molest or interfere with anyone authorized or empowered to perform any duty under this article.

§ 98-15 Barking dogs.

[Amended 10-13-1953 by Ord. No. 134]

No person shall keep, harbor or maintain any dog which habitually barks or cries.

§ 98-16 Dogs running at large; leaving animals outdoors; outdoor animal enclosures.

[Amended 8-10-2015 by Ord. No. 15-08]

Dogs running at large. No person owning, keeping or harboring any dog shall suffer 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 of Woodcliff Lake, in the County of Bergen.

Outdoor animal enclosures.

Animals shall be provided access to an enclosure/structure which protects them against inclement weather, is water resistant and keeps them dry, provides shade from direct sunlight, and allows them to preserve a normal body temperature.

Animals shall not be housed on a temporary or permanent basis in any enclosure/structure constructed of metal, unless adequately insulated from inclement weather.

Outdoor animal enclosures, including pens, doghouses, or other similar structures, shall be soundly constructed, safely and properly positioned on a raised platform, and properly maintained. The top of the enclosure shall be covered to provide the animal with shade and protection from the elements. The floor of the enclosure shall be constructed in such a manner that it protects the animals' feet and legs from injury.

(4)

Pet taxis, plastic carriers, boxes, vari-kennels or metal houses shall not be acceptable as adequate outdoor enclosures.

(5)

Outdoor animal enclosures shall contain bedding such as straw or other absorbent material in a sufficient quantity to provide adequate insulation for the structure. Bedding shall be maintained in a dry condition and renewed or changed as necessary.

(6)

Outdoor animal enclosure shall be kept dry, clean, and free of animal waste.

§ 98-17 Leash required; tethering.

[Amended 8-10-2015 by Ord. No. 15-08]

Leash. No person owning, keeping or harboring any dog shall suffer or permit it to be upon the public streets or in any of the public places of the Borough of Woodcliff Lake unless such dog is accompanied by a person capable of controlling such dog and is securely confined and controlled by an adequate leash not more than six feet long.

Tethering of dogs.

It shall be unlawful for any person to tether, fasten, tie, restrain or cause an unattended dog to be fastened, tied or restrained to houses, trees, fences, garages, stakes or other stationary or highly immobile objects by means of a rope, strap or other physical restraint for the purpose of confinement, except in circumstances where all of the following requirements are satisfied:

(a)

The tether is attached to the dog by a non-choke-type collar, swivels at both ends, and is attached to the stationary object by anchors, latches, or similar devices in a manner so that the dog is able to move freely and prevents the tether from becoming entangled around the dog or any object so as to limit the dog's freedom within the tethered area or so as to prevent the dog, or any of its appendages, from becoming entangled by the tether.

(b)

The tether shall be a type commonly used for the size of the dog involved.

(c)

The tether must be a minimum of 15 linear feet in length, less than six feet above the ground, and shall remain tangle free.

(d)

The tethered dog has easy access to potable drinking water, edible food, dry ground, and adequate shade and/or shelter within the tethering area.

(e)

The dog should be regularly monitored during the time of tethering for the safety of the animal and community.

No dog shall be tethered by means of a choke-type, pinch-type, prong-type, or improperly fitting collar.

Chains shall be prohibited for use as a tethering device.

(4)

If there are multiple dogs, each dog shall be tethered separately and in such a manner that the tethers shall not become entangled with each other.

(5)

No dog shall be tethered within five feet of another person's property, public thoroughfare, and/or right-of-way.

(6)

No dog shall be tethered at a vacant structure or premises for any purpose when it is not monitored by a competent adult who is present at the property for the duration of such tethering.

(7)

Dogs that are not spayed or neutered shall not be tethered for any period of time.

(8)

No dog that is sick or injured shall be tethered.

§ 98-18 Defecation.

[Added 7-26-1976 by Ord. No. 76-9]

No person owning, harboring, keeping or in charge of any dog shall cause, suffer or allow such dog to soil, defile, defecate on or commit any nuisance on any common thoroughfare, sidewalk, passageway, bypath, play area, park 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 without immediately removing all feces deposited by such dog. This restriction also applies to that portion of the street lying between the curblines.

The feces removed from the aforementioned designated place shall be disposed of by the person owning, harboring, keeping or in charge of the dog in a sanitary manner hereinafter set forth.

Such sanitary manner shall be the placement of the removed feces in a sealed plastic bag and then further placement of said plastic bag in a brown or other opaque paper bag.

§ 98-19 Prohibited activities and treatment.

[Amended 8-10-2015 by Ord. No. 15-08]

No owner, caretaker, guardian or handler shall withhold proper shelter, light, space, protection from weather, veterinary care, and/or immune care from any animal.

No owner, caretaker, guardian or handler shall fail to provide his or her animal with sufficient edible food and potable drinking water on a daily basis. Food and water must be in an animal food consumption or water consumption type container, feeder or waterer.

No animal shall be subjected to unnecessary suffering or cruelty such as subjecting the animal to prolonged confinement, fear, injury, pain or physical abuse.

No animal shall be contained in a parked or standing vehicle or enclosed trailer for a period of 15 or more minutes when the temperatures are extreme.

§ 98-20 Seizure and impoundment of dog by Animal Control Officer; grounds.

[Amended 4-15-1985 by Ord. No. 85-4; 12-2-1996 by Ord. No. 96-10]

An Animal Control Officer or police officer shall seize and impound a dog when the officer has reasonable cause to believe that the dog:

Attacked a person and caused death or serious bodily injury as defined in N.J.S.A. 2C:11-1(b) to that person;

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 harm to persons or domestic animals;

Engaged in dog-fighting activities as described in N.J.S.A. 4:22-24 and N.J.S.A. 4:22-26; or

(4)

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

The dog shall be impounded until the final disposition as to whether the dog is vicious or potentially dangerous. Subject to the approval of the municipal heath officer, the dog may be impounded in a facility or other structure agreeable to the owner.

§ 98-21 Notice of seizure and impoundment; determination of identity of owner ; hearing.

[Added 12-2-1996 by Ord. No. 96-10]

The Animal Control Officer shall notify the Municipal Court and the Municipal Health Officer immediately that a dog has been impounded pursuant to this article, or that he/she has reasonable cause to believe that a dog has killed another domestic animal and that a hearing is required. The Animal Control Officer shall, through a reasonable effort, attempt to determine the identity of the owner of any dog seized and impounded pursuant to this section. If its owner cannot be identified within seven days, that dog may be humanely destroyed.

The Animal Control Officer shall, within three working days of the determination of the identity of the owner of a dog seized and impounded pursuant to this section, notify by certified mail, return receipt requested, the owner concerning the seizure and impoundment and that, if the owner wishes, a hearing will be held to determine whether the impounded dog is vicious or potentially dangerous. This notice shall also require that the owner return within seven days, by certified mail or hand deliver, a signed statement dictating whether he/she wishes the hearing to be conducted or, if not, to relinquish ownership of the dog, in which case the dog may be humanely destroyed. If the owner cannot be notified by certified mail, return receipt requested, or refuses to sign for the certified letter or does not reply to the certified letter with a signed statement within seven days of receipt, the dog may be humanely destroyed.

§ 98-22 Finding to declare dog vicious; grounds.

[Added 12-2-1996 by Ord. No. 96-10]

The Municipal Court shall declare the dog vicious if it finds by clear and convincing evidence that the dog:

Killed a person or caused serious bodily injury as described in N.J.S.A. 4:22-24 and N.J.S.A. 4:22-26.

Has engaged in dog-fighting activities as described in N.J.S.A. 4:22-24 and N.J.S.A. 4:22-26.

A dog shall not be declared vicious for inflicting death or serious bodily injury as defined in N.J.S.A. 2C:11-1(b) upon a person if the dog was provoked. The municipality shall bear the burden of proof to demonstrate that the dog was not provoked.

If the Municipal Court declares a dog to be vicious and no appeal is made of this ruling pursuant to § 9 of P.L. 1989, c. 307 (N.J.S.A. 4:19-25), the dog shall be destroyed in a humane and expeditious manner, except that no dog may be destroyed during the pendency of an appeal.

§ 98-23 Finding to declare dog potentially dangerous.

[Added 12-2-1996 by Ord. No. 96-10]

The Municipal Court shall declare a dog to be potentially dangerous if it finds by clear and convincing evidence that the dog:

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

Killed another domestic animal; and:

(a)

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

(b)

Poses a threat of death to another domestic animal; or

(c)

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

A dog shall not be declared potentially dangerous for:

Causing bodily injury, as defined in N.J.S.A. 2C.11-1(a), to a person if the dog was provoked; or

Killing a domestic animal if the domestic animal was the aggressor.

For the purposes of Subsection B(1) of this section, the municipality shall bear the burden of proof to demonstrate that the dog was not provoked.

§ 98-24 Order and schedule for compliance for potentially dangerous dog; conditions.

[Added 12-2-1996 by Ord. No. 96-10]

If the Municipal Court declares the dog to be potentially dangerous, it shall issue an order and a schedule for compliance which, in part:

Shall require the owner to comply with the following conditions:

To apply, at his/her own expense, to the Municipal Clerk or other official designated to license dogs pursuant to § 2 of P.L. 1941, c. 151 (N.J.S.A. 4:19-15.2) for a special municipal potentially dangerous dog license, municipal registration number and red identification tag issued pursuant to of this article.

To display, in a conspicuous manner, a sign on his/her premises warning that a potentially dangerous dog is on the premises. The sign shall be visible and legible from 50 feet of the enclosure required pursuant to Subsection A(3) of this section.

§ 98-28 Violations by owner; penalties; enforcement; seizure and impoundment of dog; destruction by order of court.

To immediately erect and maintain an enclosure for the potentially dangerous dog on the property where the potentially dangerous dog will be kept and maintained, which has sound sides, top and bottom to prevent the potentially dangerous dog from escaping by climbing, jumping or digging and within a fence of at least six feet in height separated by at least three feet from the confined area. The owner of a potentially dangerous dog shall securely lock the enclosure to prevent the entry of the general public and to preclude any release or escape of a potentially dangerous dog by an unknowing child or other person. All potentially dangerous dogs shall be confined in the enclosure or, if taken out of the enclosure, securely muzzled and restrained with a tether approved by the Animal Control Officer and having a minimum tensile strength sufficient in excess of that required to restrict the potentially dangerous dog's movements to a radius of no more than three feet from the owner and under the direct supervision of the owner.

May require the owner to maintain liability insurance in an amount determined by the Municipal Court to cover any damage or injury caused by the potentially dangerous dog. The liability insurance, which may be separate from any other homeowner policy, shall contain a provision requiring the municipality in which the owner resides to be named as an additional insured for the sole purpose of being notified by the insurance company of any cancellation, termination or expiration of the liability insurance policy.

§ 98-25 Procedures for appeal.

[Added 12-2-1996 by Ord. No. 96-10]

The owner of the dog, or the Animal Control Officer in the municipality in which the dog was impounded, may appeal any final decisions, order or judgment, including any conditions attached thereto, of a municipal court pursuant to P.L. 1989, c. 307 (N.J.S.A. 4:19-17 et seq.) by filing an appeal with the Superior Court, Law Division, in accordance with the Rules Governing the Courts of the State of New Jersey pertaining to appeals from courts of limited jurisdiction. The Superior Court shall hear the appeal by conducting a hearing de novo in the manner established by those rules for appeals from courts of limited jurisdiction.

§ 98-26 Liability of owner for costs of impoundment and destruction.

[Added 12-2-1996 by Ord. No. 96-10]

If a dog is declared vicious or potentially dangerous, and all appeals pertaining thereto have been exhausted the owner of the dog shall be liable to the municipality in which the dog is impounded for the costs and expenses of impounding and destroying the dog. The municipality may establish by ordinance a schedule of these costs and expenses. The owner shall incur the expense of impounding the dog in a facility other than the municipal pound, regardless of whether the dog is ultimately found to be vicious or potentially dangerous.

If the dog has bitten or exposed a person within 10 days previous to the time of euthanasia, its head shall be transported to the New Jersey State Department of Health and Senior Services laboratory for rabies testing.

§ 98-27 Right to convene hearing for subsequent actions of dog.

[Added 12-2-1996 by Ord. No. 96-10]

If the Municipal Court finds that the dog is not vicious or potentially dangerous, the Municipal Court shall retain the right to convene a hearing to determine whether the dog is vicious or potentially dangerous for any subsequent actions of the dog.

[Added 12-2-1996 by Ord. No. 96-10]

The owner of a potentially dangerous dog who is found by clear and convincing evidence to have violated this article or any rule or regulation adopted pursuant thereto, or to have failed to comply with a court's order, shall be subject to a fine of not more than $1,000 per day of the violation, and each day's continuance of the violation shall constitute a separate and distinct violation. The Municipal Court shall have the jurisdiction to enforce this section. An Animal Control Officer is authorized to seize and impound any potentially dangerous dog whose owner fails to comply with the provisions of P.L. 1989, c. 307 (N.J.S.A. 4:19-17 et seq.), or any rule or regulation adopted pursuant thereto, or a court's order. The Municipal Court may order that the dog so seized and impounded be destroyed in an expeditious and humane manner.

§ 98-29 Violations and penalties.

[Amended 4-15-1985 by Ord. No. 85-4]

Various violations of sections:

[Amended 6-20-2005 by Ord. No. 05-07; 3-6-2006 by Ord. No 06-01]

Any person who violates or refuses to comply with any part of §§ 98-2, 98-3, 98-5, 98-7, 98-8 and 98-14 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 within and from such establishments, shall be liable to a penalty of $51 for each offense, to be recovered by and in the name of the Borough, to be imposed by any judge before whom the matter may be heard.

Any person required to do so who has failed to comply with § 98-2 during the period specified in § 98-3 shall be subject to an administrative late fee of $10 which shall be paid at the same time and in the same manner as the fees otherwise due in this article.