[HISTORY: Adopted by the Mayor and Council of the Borough of Ho-Ho-Kus 11-22-1966 by Ord. No. 427. Amendments noted where applicable.]
GENERAL REFERENCES
Prohibited animals — See Ch. 5.
Cats — See Ch. 13.
Excessive number of dogs and cats — See Ch. 18A.
Pet waste — See Ch. 43.
As used in this chapter, the following terms shall have the meanings indicated:
AT LARGE
Off the property of the owner and not on a leash.
BOROUGH
The Borough of Ho-Ho-Kus, in the County of Bergen and State of New Jersey.
DOG
Any dog, bitch or spayed bitch.
DOG OF LICENSING AGE
Any dog which has attained the age of seven months or which possesses a set of permanent teeth.
[Added 8-23-1983 by Ord. No. 570]
OWNER
When applied to a proprietorship of a dog, means and includes every person having a right of propriety of such dog and every person who has such dog or other animal in his keeping or under his control. A person shall be deemed to have a dog or other animal in his keeping whenever the ownership or custody of any dog or other animal is in an unemancipated infant or other member of his household.
VICIOUS DOG
Any dog, as defined in this section, which attacks and bites or attempts to attack or bite persons or dogs or other animals without being incited to do so, or which has shown such savagery, fierceness or ferocity as to indicate that it is a threat to the safety of persons.
[Amended 11-24-1992 by Ord. No. 709]
Any person who shall own, keep or harbor a dog of licensing age, as defined in N.J.S.A. 4:19-15.1 through 4:19-15.29, as amended and supplemented, shall, in the month of January or within 10 days of acquisition thereof, and annually thereafter, apply to the Clerk of the Borough of Ho-Ho-Kus for a license and registration tag for each such dog. Such licenses and registration tags shall be issued pursuant to and in accordance with the provisions of said statute, and all dogs shall be kept and controlled in the manner provided for in said statute and shall be subject to all of the provisions thereof. The Clerk shall not grant any such license and official registration tag for any dog unless the owner thereof provides evidence that the dog to be licensed and registered has been inoculated with a rabies vaccine in a manner required by law by a duly licensed veterinarian. The duration of immunity against rabies must cover the duration of the licensing period. If the duration of immunity expires during the period of licensure, it shall be the obligation of the dog owner to have the dog revaccinated prior to issuance of the license.
[Amended 12-17-1974 by Ord. No. 481; 9-25-1979 by Ord. No. 539; 11-24-1981 by Ord. No. 561; 8-23-1983 by Ord. No. 570; 9-25-1990 by Ord. No. 666; 3-24-1992 by Ord. No. 698; 3-25-1997 by Ord. No. 773; 11-26-2010 by Ord. No. 973]
A. 
Annual and late fees.
[Amended 11-27-2018 by Ord. No. 2018-15]
(1) 
The person applying for the license and registration tag of a dog shall pay the annual fee for such license of $20 whether or not the dog is neutered/spayed. For each annual renewal, the fee for the license and registration tag shall be the same as for the original license and tag, and said licenses, registration tags and renewals thereof shall expire on the last day of January in each year. Persons, who fail to obtain a license and registration tag, as required, prior to February 28 in each year, will be subject to a late fee based upon the following schedule:
Late Fee Schedule (after 2/28):
Date
Fee
3/1 through 3/31
$10 plus license fee
4/1 through 4/30
$15 plus license fee
5/1 through 5/31
$20 plus license fee
6/1 through 6/30
$25 plus license fee
7/1 through 7/31
$30 plus license fee
8/1 through 8/31
$35 plus license fee
9/1 through 9/30
$40 plus license fee
10/1 through 10/31
$45 plus license fee
11/1 through 11/30
$50 plus license fee
12/1 through 12/31
$55 plus license fee
(2) 
No license fee shall be prorated for any portion of the licensing year. Volunteers serving the Borough shall be exempt from the foregoing fees.
B. 
(Reserved)[1]
[1]
Editor’s Note: Editor’s Note: Former Subsection B, regarding an additional fee, was repealed 11-27-2018 by Ord. No. 2018-15.
C. 
In accordance with N.J.S.A. 4:19-31, the fee for a potentially dangerous dog license and each renewal thereof shall be $700.
[Amended 12-17-1974 by Ord. No. 481; 4-22-1975 by Ord. No. 487]
All license fees and other moneys collected shall be received and disposed of in accordance with said statute. Dogs used as guides for blind persons and commonly known as "Seeing Eye" dogs shall be licensed and registered as other dogs hereinbefore provided for, except that the owner or keeper thereof shall not be required to pay any fee therefor.
The license shall be issued by the Clerk of the Borough of Ho-Ho-Kus, upon application to him. The application shall state the breed, sex, age, color and markings of the dog for which license and registration is sought, and whether it is of a long- or shorthaired variety; also, 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 the registration number issued for the dog shall be preserved for a period of three years by the Clerk. In addition, he shall forward to the State Department of Health, each month, on forms furnished by the State Department, an accurate account of registration numbers issued or otherwise disposed of. He shall issue to the owner a metal tag, numbered serially, issued in the order of the applications and bearing the year of issuance and the name of the Borough.
[Amended 4-22-1975 by Ord. No. 487]
A. 
Dogs running at large. No person owning, keeping or harboring any dog shall permit it to run at large, but said person shall keep the dog confined to the premises designated in the application, unless on a leash, as prescribed by Subsection B, and any dog running at large may be impounded, and the owner of any such dog shall be liable for the penalty as provided for in § 18-9 and the forfeiture of the dog as provided in § 18-11.
B. 
Leashing of dogs. No person owning, keeping or harboring any dog shall permit it to be upon the public streets or in any of the public places of the Borough unless such dog is accompanied by a person and is securely confined and controlled by an adequate leash not more than six feet long.
C. 
Curbing dogs. No person owning, keeping or harboring any dog shall permit it to defecate, soil, defile or commit any nuisance on any common thoroughfare, sidewalk, passageway, bypath, safety island or any place where people congregate or walk, or upon any public property whatsoever. These restrictions shall not apply to that portion of the street lying between the curblines, or the paved portion of the street if there are no curbs, which shall be used to curb such dog, but shall apply to all public and privately owned property in the Borough, except the property of the owner of the dog and the property of persons who have invited the owner of any dog to bring the dog onto their property.
D. 
Owner to remedy nuisance. In the event that any dog shall, through inadvertence or otherwise, soil, defile, defecate on or commit any nuisance in any place, including the portion of the public street, if there are no curbs, the person owning, harboring, keeping or in charge of such dog or in custody of such dog shall immediately remove all feces and/or all dog soil deposited by such dog by any sanitary method and remove such waste material to the pet owner's property to be disposed of in a proper receptacle. In no event shall any person dispose of any feces, dog soil or any type of receptacle containing same into any public trash receptacle, stormwater drain or sewage system.
[Added 12-18-1984 by Ord. No. 577; amended 7-27-2010 by Ord. No. 966; 3-22-2011 by Ord. No. 983]
[Amended 9-25-1990 by Ord. No. 666]
A. 
The Animal Control Officer appointed by the governing body or any police officer shall seize and impound a dog when there is reasonable cause to believe that the dog is vicious, potentially dangerous or shows signs of rabies in accordance with the provisions of N.J.S.A. 4:19-17 through 4:19-37.
B. 
New Jersey Statutes Annotated 4:19-17 through 4:19-37, all amendments and supplements thereto and rules and regulations promulgated pursuant to the authority thereof are incorporated herein and made a part hereof as though set forth at length.
C. 
A complete copy of the aforesaid legislation shall be on file in the office of the Borough Clerk and will remain on file there for the use and examination of the public.
[Amended 12-17-1974 by Ord. No. 481; 9-25-1990 by Ord. No. 666]
A. 
Any owner of a dog within the Borough of Ho-Ho-Kus who shall fail to take out a license as directed herein or who shall violate any of the provisions of this chapter not related to vicious or potentially dangerous dogs shall be subject to a penalty not to exceed $50 for each offense, to be imposed by the Judge before whom any violator of this chapter is convicted.
[Amended 3-28-2017 by Ord. No. 2017-02]
B. 
Any owner of a vicious or potentially dangerous dog who is found to have violated this chapter, the statutes incorporated herein and/or any rule or regulation adopted pursuant thereto 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 jurisdiction to enforce this section.
[Amended 9-25-1990 by Ord. No. 666]
In accordance with the provisions of N.J.S.A. 4:19-17 through 4:19-37, it shall be the duty of the Animal Control Officer of the Borough, the Chief of Police, each police officer of the Borough and the Municipal Health Officer to assist in carrying out the provisions of this chapter and the provisions for the control of dogs contained in N.J.S.A. 4:19-15.1 through 4:19-15.29 and N.J.S.A. 4:19-17 through 4:19-37, as amended and supplemented.
[Amended 9-25-1990 by Ord. No. 666; 5-28-1996 by Ord. No. 762]
A. 
The Animal Control Officer of the Borough shall be responsible for all dogs and other animals impounded and taken into custody under the terms of this chapter and statutes incorporated herein, as amended and supplemented. The Animal Control Officer and/or Municipal Health Officer of the Borough shall designate the place where such dogs and animals are to be impounded or held in custody, subject to the approval of the Mayor and Council.
B. 
Subject to the terms of this chapter and statutes incorporated herein, an owner may obtain the release of his animal impounded due to emergency calls upon payment of a recovery fee in the sum of $60. Payment of the above charge shall be made to the Police Department. No owner or person keeping or harboring a dog shall be permitted to claim an impounded dog unless a license and registration tag can be produced for the dog. The hours of emergency calls are set forth in the contract between the Borough and Animal Control Officer, which is on file with the Borough Clerk.
[Amended 2-22-2000 by Ord. No. 823; 3-27-2007 by Ord. No. 923; 3-24-2009 by Ord. No. 949]
Ordinance Nos. 182 and 40 are hereby repealed, and any other ordinances licensing and regulating dogs heretofore enacted which are inconsistent with this chapter are hereby repealed.
This chapter shall take effect immediately upon final passage and publication thereof as provided by law, with the exception of the provisions of § 18-3, relating to license and registration tag fees, which will be effective January 1, 1967.