[Adopted by Ord. No. 12-2004 (Ch. 6.16 of the 1996 Municipal Code)]
As used in this article, the following terms shall have the
meanings indicated:
Any dog, cat, reptile or other exotic pet or livestock.
Any member of the feline species, male, female or neutered.
A certified municipal animal control officer who shall be
a person 18 years of age or older who has satisfactorily completed
the course of study approved by the Commissioner of Health and Senior
Services and the Police Training Commission; or who has been employed
in the State of New Jersey in the capacity of and with similar responsibilities
to those required of a certified animal control officer.[1]
Any dog, male, female, neutered or any dog hybrid.
Any dog which has attained the age of seven months or which
possesses a set of permanent teeth.
Any dog or cat.
Any animal taken into custody or seized by legal capture
and occupying quarters at the shelter.
Any establishment wherein or whereon the business of boarding
or selling dogs or breeding dogs for sale is carried on, except a
pet shop.
When applied to the proprietorship of a dog shall include
every person having a right of property in that dog and every person
who has that dog in his keeping, and when applied to the proprietorship
of any other animal, including, but not limited to, a cat, shall include
every person having a right of property in that animal and every person
who has that animal in his keeping.
Any place of business which is not part of a kennel, wherein
animals, including, but not limited to, dogs, cats, birds, fish, reptiles,
rabbits, hamsters or gerbils, are kept or displayed chiefly for the
purpose of sale to individuals for personal appreciation and companionship
rather than for business or research purposes.
An establishment for the confinement of dogs or other animals
seized either under the provisions of this article or otherwise.
Any establishment where dogs or other animals are received,
housed and distributed.
A.
License required. Any person or other entity who keeps or operates
or proposes to establish, within the City, a kennel, a pet shop, a
shelter or a pound shall apply to the Clerk or other official designated
to license dogs in the City, for a license entitling the person or
entity to keep or operate such establishment. The application shall
describe the premises where the establishment is located or is proposed
to be located, the purpose or purposes for which it is to be maintained,
and shall be accompanied by the written approval of the local municipal
and health authorities showing compliance with the local and state
rules and regulations governing location of and sanitation at such
establishments.
B.
All licenses issued for a kennel, pet shop, 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 each year, and be subject to revocation by the City on recommendation of the State Department of Health and Senior Services or the City Board of Health for failure to comply with the rules and regulations of the State Department or any provision relating to health and safety governing the same, after the owner has been afforded a hearing by either the State Department or local Board, except as provided in Subsection C of this section. Any person or entity holding such license shall not be required to secure individual licenses for dogs owned by such licensee and kept at such establishments; such licenses shall not be transferable to another owner or different premises.
C.
The license for a pet shop shall be subject to review by the municipality,
as follows:
(1)
All licenses issued for a kennel, pet shop, shelter or pound shall
be subject to revocations by the Council on recommendation of the
State Department of Health and Senior Services or the Board of Health
for failure by the pet shop to comply with the rules and regulations
of the State Department or of relevant rules relating to health and
safety governing humans, animals, pet shops or if the pet shop meets
the criteria for recommended suspension or revocation after the owner
of the pet shop has been afforded a hearing by either the State Department
of Health and Senior Services or the Board of Health as set forth
in N.J.S.A. 4:19-15.8, as amended.
(2)
Any person or entity holding a license to establish, keep or operate
a kennel, pet shop, shelter or pound shall comply with all City ordinances
and 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 and pounds, the preservation of sanitation
and the prevention of the spread of rabies and other diseases of dogs
within and from these establishments.
(3)
The City, based on the criteria for the recommendation of the local
health authority provided by New Jersey statute, may suspend the license
for 90 days or may revoke the license if it is determined at the hearing
that the pet shop:
D.
The City may issue a license for a pet shop that permits the pet
shop to sell pet supplies for all types of animals, including cats
and dogs, and sell animals other than cats and dogs but restricts
the pet shop from selling cats or dogs, or both. Failure to comply
with this subsection may result in the revocation of such license.
E.
As required by New Jersey statute, every pet shop licensed in the
state and in the City shall submit annually and no later than May
1 of each year records of the total number of cats and dogs, respectively,
sold by the pet shop each year to the City, and the municipality shall
provide this information to the local health authority.
The annual license fee for a kennel and for a pet shop shall
be as set forth in N.J.S.A. 4:19-15.9. No fee shall be charged for
a shelter or pound.
No dog kept in a kennel, pet shop, shelter or pound shall be
permitted off such premises, except on leash or in a crate or other
safe control.
License fees and other moneys collected or received under this
article, except registration tag fees, shall be forwarded to the Treasurer
within 30 days after collection or receipt and shall be placed in
a special account separate from any of the other accounts of the City
and shall be used for the following purposes: for collecting, keeping
and disposing of dogs liable to seizure under this article or under
local dog control ordinances; 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 payment of damage to or losses of poultry and
domestic animals, except dogs and cats, caused by a dog or dogs 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 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 municipality 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.
The Clerk or other official designated to license dogs in the
City shall forward to the State Department of Health and Senior Services
a list of all kennels, pet shops, shelters and pounds licensed within
30 days after the licenses therefor are issued, which list shall include
the name and address of the licensee and the kind of license issued.
A.
Any person appointed for the purpose by the governing body of the
municipality shall take into custody and impound or cause to be taken
into custody and impounded, and thereafter destroyed or offered for
adoption as provided in this section:
(1)
Any
dog off the premises of the owner or of the person keeping or harboring
a dog which the official or his agent or agents have reason to believe
is a stray dog;
(2)
Any
dog off the premises of the owner or of the person keeping or harboring
the dog without a current registration tag on his collar;
(3)
Any
female dog in season off the premises of the owner or of the person
keeping or harboring the dog;
(4)
Any
dog or other animal which is suspected to be rabid;
(5)
Any
dog or other animal off the premises of the owner reported to, or
observed by, a certified Animal Control Officer to be ill, injured
or creating a threat to public health, safety or welfare, or otherwise
interfering with the enjoyment of property.
B.
If any animal 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
the animal is known, any person authorized by the governing body shall
forthwith serve on the person whose address is given on the collar,
or on the owner or the person keeping or harboring said animal, if
known, a notice in writing stating that the animal has been seized
and will be liable to be offered for adoption or destroyed if not
claimed within seven days after the service of the notice.
C.
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.
D.
Any person authorized by the governing body may cause an animal to
be destroyed in a manner causing as little pain as possible and consistent
with the provisions of N.J.S.A. 4:22-49 or to be offered for adoption
seven days after seizure, provided that:
(1)
Notice is given as set forth above and the animal remains unclaimed;
or
(2)
The owner or person keeping or harboring the animal has not claimed
the animal and paid all expenses incurred by reason of its detention,
including maintenance costs not exceeding $4 per day; or
(3)
The owner or person keeping or harboring a dog which was unlicensed
at the time of seizure does not produce a license and registration
tag for the dog.
E.
At the time of adoption, the right of ownership in the animal shall
transfer to the new owner. No dog or other animal so caught and detained
or procured, obtained, sent or brought to a pound or shelter shall
be sold or otherwise made available for the purpose of experimentation.
Any person who sells or otherwise makes available any such dog or
other animal for the purpose of experimentation shall be guilty of
a crime of the fourth degree.
F.
After observation,
any animal seized under this section suspected of being rabid shall
be immediately reported to the executive officer of the local Board
of Health and to the State Department of Health and Senior Services.
The Commissioner of Health and Senior Services shall, pursuant
to the "Administrative Procedure Act,[1]" adopt rules and regulations concerning the training and
educational qualifications for the certification of Animal Control
Officers, including, but not limited to, a course of study approved
by the Commissioner and the Police Training Commission, in consultation
with the New Jersey Certified Animal Control Officers Association,
which acquaints a person with:
A.
The law as it affects animal control, animal welfare and animal cruelty;
B.
Animal behavior and the handling of stray or diseased animals;
C.
Community safety as it relates to animal control; and
D.
The law enforcement methods and techniques required for an Animal
Control Officer to properly exercise the authority to investigate
and sign complaints and arrest without warrant pursuant to section
8 of P.L. 1997, c. 247 (N.J.S.A. 4:19-15.16c), including, but not
limited to, those methods and techniques which relate to search, seizure
and arrest. The training in law enforcement methods and techniques
described pursuant to this subsection shall be part of the course
of study for an Animal Control Officer only when required by the Police
Division. Any person 18 years of age or older may satisfy the courses
of study established pursuant to this subsection at that person's
own time and expense; however, nothing in this section shall be construed
as authorizing a person to exercise the powers and duties of an Animal
Control Officer absent municipal appointment or authorization pursuant
to Section 4 of P.L. 1983, c. 525 (N.J.S.A. 4:19-15.16b).
[1]
Editor's Note: See N.J.S.A. 52:14B-1 et seq.
A.
A certified Animal Control Officer authorized shall have the power
and authority within the City to:
(1)
Enforce all laws or ordinances enacted for the protection of animals,
including, but not limited to, animal control, animal welfare and
animal cruelty laws of the state and ordinances of the municipality;
(2)
Investigate and sign complaints concerning any violation of an animal
control, animal welfare or animal cruelty law of the state or ordinance
of the City; and
(3)
Act, by virtue of the officer's appointment or employment, and in
addition to any other power and authority, as an officer for the detection,
apprehension and arrest of offenders against the animal control, animal
welfare and animal cruelty laws of the state and ordinances of the
City.
B.
Upon a request for assistance by the City should it not employ, or
contract for, the certified Animal Control Officer, a certified Animal
Control Officer may, within the jurisdiction of the City, exercise
the powers and authority granted pursuant to this section.
A certified Animal Control Officer who signs a complaint, issues
a summons, makes an arrest, or otherwise acts pursuant to his authority
shall forward within five business days a copy of that complaint,
summons, or arrest warrant or report to the New Jersey Society for
the Prevention of Cruelty to Animals and shall forward a report of
any related court action within 30 calendar days of final disposition.
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 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 the owner
is present and forbids the same.
No person shall hinder, molest or interfere with anyone authorized
or empowered to perform any duty under this article.
Except as otherwise provided in this article, any person who violates or who fails or refuses to comply with §§ 84-33, 84-35 and 84-43 of this article or the rules and regulations promulgated by the State Department of Health and Senior Services shall be liable to a penalty of not less than $5 nor more than $50 for each offense, to be recovered by and in the name of the Registrar of the City, or by and in the name of the City.
Any penalty recovered in an action brought under the provisions
of this article shall be paid to the plaintiff therein. When the plaintiff
is the Board of Health of the City, the penalty shall be paid by the
treasury of the City.
The Superior Court and the Municipal Court shall have jurisdiction
to hear and determine in a summary manner proceedings for violations
of any of the provisions of this article. Penalties for such violations
shall be enforced and recovered pursuant to "The Penalty Enforcement
Law" (N.J.S.A. 2A:58-10 et seq.) at the suit of the Commissioner of
Health and Senior Services of the State of New Jersey or of the Board
of Health of the City or the City. Process shall be either in the
nature of a summons or warrant.
The Court shall cause a defendant who refuses or neglects to
pay forthwith the amount of a judgment rendered against him, and the
costs and charges incident thereto, to be committed to the county
jail for a period not exceeding 10 days in the case of a first conviction,
and in the case of a conviction for a second, subsequent or continuing
violation, for a period not exceeding 30 days.
No provision of this article shall be construed to apply to
any establishment wherein or whereon dogs are received or kept for
diagnostic, medical, surgical or other treatments, owned by and operated
under the immediate supervision of a graduate veterinarian licensed
in the State of New Jersey.
