[Adopted 12-16-1952 by Ord. No. 46 (Ch. 219, Art. I, of the 1990 Code)]
In the interpretation of this article, the following
words and phrases, unless the context shows another sense to be intended,
shall be held to have the meanings hereinafter stated:
CONFINE
To quarantine an animal in accordance with the guidelines
outlined in the Health Department policy and procedure statement and/or
notice of quarantine letter.
[Added 12-26-1990 by Ord. No. 90-112]
DOG
Any dog, bitch or spayed bitch.
DOG OF LICENSE AGE
Any dog which has attained the age of seven months or which
possesses a set of permanent teeth.
DOMESTIC ANIMALS
Any of various animals (including livestock) domesticated
by man so as to live and breed in a tame condition.
[Added 10-22-1996 by Ord. No. 96-88]
KENNEL
Any establishment wherein or whereon the business of boarding
or selling dogs or boarding dogs for sale is carried on except a pet
shop.
OWNER
When applied to the proprietorship of any dog, cat or other
animal, includes every person having a right (or custody) in such
an animal and every person who has such an animal in his or her keeping
or who harbors or maintains an animal or knowingly permits such an
animal to remain on or about any premises occupied by that person
or who feeds such an animal on a regular basis.
[Amended 11-10-1992 by Ord. No. 92-83]
PERSON
An individual, firm, partnership, corporation or association
of persons.
PET SHOP
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.
[Amended 10-12-2010 by Ord. No. 2010-48]
POUND
Any establishment for the confinement of dogs seized either
under the provisions of this article or otherwise.
SHELTER
An establishment where dogs are received, housed and distributed
without charge.
[Amended 1-11-1977 by Ord. No. 1065; 11-10-1992 by Ord. No. 92-83; 10-22-1996 by Ord. No.
96-88]
No person shall keep or harbor any dog within
the City without first filing an application with the Director of
the Department of Licenses and Inspections, whereupon, after paying
the fee hereinafter set forth to the Director, a license and registration
tag shall be issued by the Director of the Department of Licenses
and Inspections. No license or registration shall be issued for any
dog until the owner produces a certificate of inoculation indicating
that the dog in question is protected against rabies through December
31, or any other such date necessary to conform to the most recent
policy statement from the State Department of Health and Senior Services
regarding such matters, of the licensing year for which the application
is taken. No license shall be issued for any dog in the name of any
person who has not reached the legal age of majority.
[Amended 11-25-2008 by Ord. No. 2008-77]
Any person who owns, keeps or harbors a dog
of licensing age shall annually, during the licensing period, apply
for and procure, in the manner set forth herein, a license and metal
registration tag for each dog so owned, kept or harbored. Such person
shall place upon each such dog a collar or harness with the registration
tag securely fastened thereto.
[Amended 12-12-1978 by Ord. No. 1143; 12-26-1979 by Ord. No. 1193; 9-22-1981 by Ord. No.
1268; 8-9-1983 by Ord. No. 83-22; 8-28-1990 by Ord. No. 90-79; 11-10-1992 by Ord. No. 92-83; 10-10-2000 by Ord. No. 2000-78; 11-25-2008 by Ord. No.
2008-77; 10-22-2013 by Ord. No. 2013-53; 12-10-2013 by Ord. No.
2013-59]
A. The person applying for the license and registration tag shall pay
a fee as provided herein, in accordance with N.J.S.A. 4:19-15.2, for
the registration tag of each dog; and for each annual renewal, the
fee for the license and the registration tag shall be the same as
for the original license and tag. Such licenses, registration tags
and renewals thereof shall expire on the last day of March of the
year following the year in which the licenses, registration tags and
renewals are issued.
(1) Any person applying for such license or renewal between January 1
and the last day of March shall pay an annual fee for each spayed
or neutered dog as follows:
|
Dog Licenses
|
Spayed/Neutered
|
Non-Spayed/Neutered
|
---|
|
Municipal fee
|
$8.80
|
$13.80
|
|
New Jersey registration fee
|
$1
|
$1
|
|
New Jersey Pilot Clinic Fund
|
$0.20
|
$0.20
|
|
Animal population control fee
|
|
$3
|
|
Total
|
$10
|
$18
|
(2) After the last day of March, a late fee of $3 shall be imposed for
any dog, except for dogs:
(a)
Reaching the licensing age after the expiration of the licensing
period as verified by a veterinarian.
(b)
Acquired after the expiration of the licensing period as verified
by a receipt.
(3) If a license or registration tag has been misplaced or lost, the
Department of Licenses and Inspections may issue a duplicate license
or registration tag for that particular dog at a fee of $1.
B. The following dogs shall be licensed and registered as other dogs
hereinafter provided for, except that the owner or keeper of such
dog shall not be required to pay any fee therefor:
(1) 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," or dogs used to assist deaf persons and commonly
known as "hearing ear" dogs, in accordance with N.J.S.A. 4:19-15.3.
(2) Dogs used for law enforcement activities by agencies of the City
of Vineland government and the County of Cumberland government.
(3) Dogs retired from law enforcement activities by agencies of the City
of Vineland government and the County of Cumberland government.
C. Out-of-state residents relocating to the City of Vineland shall not
be required to pay late fees, provided that they have a valid license
issued from their prior out-of-state community.
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.
[Amended 1-11-1977 by Ord. No. 1065]
The application shall state the breed, sex,
age, color and markings of the dog for which a license and registration
is sought and whether it is of a long-haired or short-haired variety.
It 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 the application and the registration number issued for the dog
shall be preserved for a period of three years by the Director of
the Department of Licenses and Inspections. In addition, he shall
forward similar information to the State Department of Health and
Senior Services each month on forms furnished by such Department.
Registration numbers shall be issued in the order of the applications.
A. Any person who shall bring or cause to be brought into the City any dog licensed in another state for the current year and carrying a registration tag and who shall keep the same or permit the same to be kept within the City 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 §
224-11B of this article.
B. Any person who shall bring or cause to be brought into the City any unlicensed dog and who shall keep the same or permit the same to be kept within the City for a period of more than 10 days shall immediately apply for a license and registration tag for each such dog, unless such dog is licensed under §
224-11B of this article.
C. Any license/registration tag issued by any municipality
in New Jersey shall be accepted by the City of Vineland until said
license/registration is expired.
[Added 11-10-1992 by Ord. No. 92-83]
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.
[Amended 1-11-1977 by Ord. No. 1065; 11-10-1992 by Ord. No. 92-83; 10-22-1996 by Ord. No. 96-88]
A. Any person who keeps or operates or proposes to establish
in the City a kennel, pet shop, shelter or pound shall apply to the
Director of Licenses and Inspections for a license entitling him to
keep or operate such an establishment.
B. No more than five dogs and/or five cats over the age
of seven months shall be permitted to be kept on any one property
less than two acres unless the facilities provided meet the applicable
requirements of N.J.A.C. 8:23A-1.2 et seq. (Rules Governing Animal
Facility Operations), as determined by the Local Health Department.
The applicant shall describe the premises where
the establishment is located or is proposed to be located and the
purpose for which it is to be maintained. Such application shall be
accompanied by the written approval of the Health Officer of the City
showing compliance with the local and state rules and regulations
governing location and sanitation of such establishment.
[Amended 11-10-1992 by Ord. No. 92-83]
A. 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 Council of the City of Vineland,
on recommendation of the State Department of Health and Senior Services
or the Department of Health of the City of Vineland, for failure to
comply with the rules and regulations of the State Department of Health
and Senior Services or the Department of Health of the City governing
the same, after the owner has been afforded a hearing by either the
State Department of Health and Senior Services or the Department of
Health of the City.
B. Any person holding such license shall not be required
to secure individual licenses for dogs or cats owned by such licensee
and kept at such establishment. Such licenses shall not be transferable
to another owner or different premises.
The annual license fee for a kennel providing
accommodations for 10 or fewer dogs shall be $10, and for more than
10 dogs, $25. The annual license fee for a pet shop shall be $10.
No fees shall be charged for a shelter or pound.
[Amended 1-11-1977 by Ord. No. 1065]
The Director of the Department of Licenses and
Inspections 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 each licensee and the kind of
license issued.
No dog kept in a kennel, pet shop, shelter or
pound shall be permitted off such premises except on a leash or in
a crate or other safe control.
A. License fees and other moneys collected under the
provisions of this article, except registration tag fees, shall be
forwarded to the City Treasurer within 30 days after collection on
receipt and shall be placed in a special account separate from any
other accounts of the City, to 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 City Department
of Health for any person known or suspected to have been exposed to
rabies; for the payment of damage to or losses of poultry and domestic
animals, except dogs and cats, caused by a dog or dogs; for administering
the provisions of this article; and for all other purposes prescribed
by the statutes of New Jersey governing the subject; except, however,
that when any Humane Society has been contracted with by the City
Council, as herein provided, such sums which the City has, by said
agreement, contracted to pay shall be paid from said special account,
and said payment shall be deemed as costs for collecting, keeping
and disposing of dogs liable to seizure under 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 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 City 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.
B. The registration tag fee of $1 for each dog, the Pilot
Clinic Fund fee of $0.20 for each dog and the Animal Population Control
Fund fee for each unspayed/unneutered dog shall be forwarded within
30 days after collection by the Director of the Department of Licenses
and Inspections to the State Department of Health and Senior Services.
[Amended 1-11-1977 by Ord. No. 1065; 11-10-1992 Ord. No. 92-83]
[Amended 1-11-1977 by Ord. No. 1065; 11-10-1992 by Ord. No. 92-83; 10-22-1996 by Ord. No. 96-88; 11-25-2008 by Ord. No.
2008-77]
The Chief of Police shall cause a canvass to
be made of all dogs and cats owned, kept or harbored within the City
limits either annually or biennially, at the direction of the governing
body. The canvass shall end prior to September in the year of the
canvass. Upon completion of the canvass, the Chief of Police shall
immediately cause a report to be filed, on or before September 1 in
the year of the canvass, with the Director of the Department of Licenses
and Inspections and the Director of the Department of Health containing
the results thereof. The report shall set forth in separate columns
the names and addresses of persons owning, keeping or harboring unlicensed
dogs or cats owned, kept or harbored by each person, together with
a complete description of each such unlicensed dog or cat. The same
information, for dogs only, must be reported to the State Department
of Health and Senior Services.
[Amended 11-10-1992 by Ord. No. 92-83]
The City Council may, from time to time, by
resolution, establish a pound, and the Mayor may, from time to time,
as the occasion may require, nominate and, by and with the consent
of the City Council, appoint a poundkeeper or dog warden who shall
hold office at the pleasure of the City Council, or the City Council
may, by resolution, enter into a contract with any Humane Society
in the City or county or other similar association not organized for
pecuniary profit, as poundkeeper, for the collection, keeping and
retention and destruction of all strays found within the City limits,
in accordance with the provisions of this article. Such poundkeeper,
dog warden or duly authorized agent of such Humane Society so contracted
with or any police officer may seize and 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:
A. Any animal off the premises of the owner or of the
person keeping or harboring such animal, which said official or his
agent or agents have reason to believe is a stray animal.
B. Any animal off the premises of the owner or of the
person keeping or harboring said animal without a current registration
tag on his collar, if registration is required by ordinance.
C. Any female dog in season off the premises of the owner
or of the person keeping or harboring such dog.
D. Any dog or other animal suspected to be rabid.
E. 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.
[Amended 11-10-1992 by Ord. No. 92-83]
A. If any animal 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 such animal is known, the person who by this article is
authorized to seize any such animal shall forthwith serve on the person
whose address is given on the collar or on the owner or the person
keeping or harboring such animal, 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 service of
the notice.
B. A notice under this section may be served either by
delivering it to the person upon 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 animal 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 and cannot be given as above set forth and if
the owner or person keeping or harboring such animal has not claimed
such animal and paid all expenses incurred by reason of its detention,
including maintenance not exceeding $4 per day, and if the animal
seized is unlicensed at the time of seizure and the owner or person
keeping or harboring such animal has not produced a license and registration
tag for his animal, if required by ordinance, said poundkeeper or
agent of said Humane Society or any person authorized under this article
to do so may cause the animal to be destroyed in a manner causing
as little pain as possible. Any impounded animal which is affected
with an incurable or contagious disease may be destroyed at once.
[Amended 9-28-1982 by Ord. No. 1304; 11-10-1992 by Ord. No. 92-83]
No person owning, keeping or harboring any dog
or other domestic animal shall suffer or permit it to run at large
upon the public streets or in any public park or in any public building
or any other public place or upon any other private premises outside
the premises occupied by the owner or keeper of said dog or other
domestic animal.
[Amended 11-10-1992 by Ord. No. 92-83]
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 animal which he may
lawfully seize and impound when such officer or agent is in immediate
pursuit of such animal, except upon the premises of the owner of the
animal if such 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.
No person shall keep, harbor or maintain any
dog which habitually barks, howls or cries.
A. 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 City unless such dog is accompanied by a responsible
person and is securely confined and controlled by an adequate leash
not more than six feet long.
B. Nothing in this section or in this article shall be
construed to prohibit or prevent the running of any dog while used
in hunting or in training, trial or practice runs, provided that such
dog is accompanied by or under the control of the owner or other responsible
person, and provided further that such hunting, training, trial or
practice runs are conducted in such a manner as not to abridge the
rights of owners of private property nor to conflict with the fish
and game laws of the State of New Jersey or any other law, rule or
regulation promulgated by the State of New Jersey or its duly authorized
agents which has as its purpose the protection, preservation or control
of game or wildlife within the State of New Jersey.
[Amended 11-10-1992 by Ord. No. 92-83]
No person having the right and ability to prevent
it shall knowingly or carelessly or negligently permit any dog or
other animal to commit any nuisance upon any sidewalk or on any public
place, street, avenue, park, public square or place in the City or
upon the floor of any tenement house which is used in common by the
tenants thereof or upon the fences or lawns of any premises or upon
the walls or stairways of any building abutting a public street, avenue,
park or public place or upon the floor of any theater, store, factory
or of any building which is used in common by the public, including
all public rooms or places therewith connected, or upon the floor
of any public place or building used in common by the guests and patrons
thereof, nor shall any such person omit to do any reasonable and proper
act or to take any reasonable and proper precaution to prevent any
such dog from committing any such nuisance in, on or upon any of the
places or premises herein specified. If such a nuisance is immediately
removed or cleaned up, a violation shall not be deemed to have occurred.
[Added 12-26-1990 by Ord. No. 90-112; amended 11-10-1992 by Ord. No. 92-83]
Whenever a dog, cat or other animal is affected
by rabies or is suspected of being affected by rabies or has been
bitten or scratched by an animal known or suspected to be affected
by rabies, the owner or person in charge of the animal or any person
having knowledge thereof shall immediately notify the Vineland Department
of Health. The notification shall be in writing, signed by the person
making the complaint, and shall state where the animal may be found.
[Added 12-26-1990 by Ord. No. 90-112; amended 11-10-1992 by Ord. No. 92-83; 11-13-2018 by Ord.
No. 2018-59]
Every physician shall, within 12 hours after his/her first professional
attendance upon any person bitten or scratched by a dog, cat or other
animal, report to the Vineland Police Department or the Vineland Department
of Health the name, age, sex and address of the person bitten or scratched
and the name, age, sex, color and location of the biting animal, and
the name and address of the animal owner, if known.
[Added 12-26-1990 by Ord. No. 90-112; amended 11-10-1992 by Ord. No. 92-83; 11-13-2018 by Ord.
No. 2018-59]
The parent or guardian of a child bitten or scratched by a dog,
cat or other animal, when no physician attends such child, shall,
within 12 hours after first having knowledge that the child was so
bitten or scratched, report to the Vineland Police Department or Vineland
Department of Health the name, age, sex and address of the person
so bitten or scratched, and the name, age, sex, color and location
of the biting animal, and the name and address of the animal owner,
if known.
[Added 12-26-1990 by Ord. No. 90-112; amended 11-10-1992 by Ord. No. 92-83; 11-13-2018 by Ord.
No. 2018-59]
A. If an adult is bitten or scratched by a dog, cat or other animal
and no physician attends him/her, or if he/she is incapacitated, the
person caring for him/her shall report to the Vineland Police Department
or the Vineland Department of Health the name, age, sex and address
of the person bitten or scratched and the name, age, sex, color, and
location of the biting animal, and the name and address of the animal
owner, if known.
B. The report shall be made within 12 hours after the adult was so bitten
or scratched or, if he/she is incapacitated, the report shall be made
within 12 hours after the person so caring for him/her shall first
have knowledge that the adult was so bitten or scratched.
[Added 12-26-1990 by Ord. No. 90-112; amended 11-10-1992 by Ord. No. 92-83]
The Health Department and/or Police Department
may serve notice upon the owner or person in charge of a dog, cat
or other animal which has attacked, bitten or scratched a person to
confine the animal, at the expense of the owner or person in charge
of it, upon the premises of the owner or person in charge or at some
other place designated in the notice for at least 10 days after the
animal has attacked, bitten or scratched a person.
[Added 12-26-1990 by Ord. No. 96-112; amended 11-10-1992 by Ord. No. 92-83]
The Local Health Department, within its jurisdiction,
shall serve a notice, in writing, upon the owner or person in charge
of a dog, cat or other animal known or suspected to have been bitten
by an animal known or suspected of being affected by rabies, requiring
the owner or person in charge of the animal to kill it or confine
it for a period of not more than six months. Whenever the Health Department
determines that the animal owner may not be responsible enough or
lacks adequate facilities to properly quarantine/confine the animal,
the Department may impound the animal at an approved facility at the
owner's expense.
[Added 12-26-1990 by Ord. No. 90-112]
Whenever the Health Department or any officer
or inspector thereof has reason to believe or has been notified by
the State Department of Health and Senior Services that there is danger
that rabies may spread within the jurisdiction, the Department or
the Department officer or inspector shall serve a notice, in writing,
upon all persons within the jurisdiction of the Health Department,
so far as the same may be known to the Health Department or to such
officer or inspector thereof, owning or having charge of any dog,
requiring such person to confine such dog; or the Health Department,
officer or inspector, in lieu of serving such notice in writing, may
cause a notice to be published in the official newspaper of the City.
Other animals may be included in the order whenever, in the opinion
of the Health Department, this is necessary. Whenever the Health Department
determines that the animal owner may not be responsible enough or
lacks adequate facilities to properly quarantine the animal, the Department
may impound the animal and have it quarantined at an approved facility
at the owner's expense.
[Added 12-26-1990 by Ord. No. 90-112]
An animal confined under order of the Local
Health Department shall not be released until a certificate of release
has been issued by the Department.
[Added 12-26-1990 by Ord. No. 90-112; amended 11-10-1992 by Ord. No. 92-83]
The Local Health Department, within its jurisdiction,
shall be permitted by the owner or person in charge of a dog, cat
or other animal which has been ordered confined/quarantined to examine
the animal at any time and daily, if desired, within the specified
confinement period to determine whether the animal shows symptoms
of rabies. No person shall refuse, obstruct or interfere with the
Local Health Department in making the examination.
[Added 11-10-1992 by Ord. No. 92-83]
Should the animal's health or behavior be abnormal
during any part of the quarantine period, the Health Department may
order the owner or person in charge of the animal to have a licensed
veterinarian establish a diagnosis of the abnormality at the expense
of the owner or person in charge.
[Added 12-26-1990 by Ord. No. 90-112]
Whenever the Local Health Department or State
Department of Health and Senior Services determines that rabies testing
is necessary, the owner of the animal involved shall be responsible
for all expenses related to specimen preparation and transportation.
Specimen preparation shall be done only by a licensed veterinarian
or by any other person deemed by the Health Department to have the
necessary qualifications.
[Added 11-10-1992 by Ord. No. 92-83]
Except as otherwise provided in §
224-39 hereof, no person shall own, harbor or keep any dog or cat within the municipal limits of City of Vineland that is not currently inoculated against rabies with rabies vaccine of a type approved and administered in accordance with recommendations of the United States Department of Agriculture and the United States Department of Health, Education and Welfare. Such vaccination shall be administered by a veterinarian duly licensed by the State of New Jersey or by such other veterinarian permitted by law to do the same.
[Added 11-10-1992 by Ord. No. 92-83]
Any person who owns, keeps or harbors a dog
or cat within the municipal limits of the City of Vineland shall obtain
and keep in his possession a certificate, issued by the veterinarian
administering the inoculation, indicating that said dog or cat has
been inoculated against rabies and indicating the date of such inoculation.
Said certificate shall be exhibited to the dog licensing official
when application for a dog license is made and shall also be exhibited
upon the request of any Health Department employee or upon the request
of any member of the City of Vineland Police Department.
[Added 11-10-1992 by Ord. No. 92-83]
The following are exempt from the provisions of §
224-37:
A. Dogs or cats which have not attained the age of seven
months.
B. Any dog or cat which the Health Department declares
exempt for a specified period of time based upon the presentation
of a satisfactory certificate from a licensed veterinarian stating
that, because of an infirmity or other physical condition, the inoculation
of said animal shall be deemed inadvisable for a specified period
of time.
C. Dogs or cats seven months of age or older within 10
days of the date of acquisition of said dog or cat.
[Added 11-10-1992 by Ord. No. 92-83]
A. On occasions when a domestic animal may have been potentially exposed to a possible rabid animal, the Health Department may order a booster inoculation against rabies based on guidelines provided by the State of New Jersey Department of Health and Senior Services. This booster inoculation shall be of the type vaccine set forth in §
224-37 and shall be administered accordingly by a veterinarian duly licensed in the State of New Jersey or by such other veterinarian permitted by law to do the same.
B. Any person who owns, keeps or harbors any dog or cat
within the municipal limits of the City of Vineland who is directed
by the Vineland Health Department to obtain an additional booster
inoculation against rabies for said dog or cat must do so within five
days of receiving notification of the same.
[Added 11-25-2008 by Ord. No. 2008-77]
A. No person shall own, keep, harbor or maintain more than six dogs
of licensing age at any one time in any residence or upon its grounds.
Upon the effective date of this section, any person who lawfully and
in compliance with this article owns, keeps, harbors or maintains
more than six dogs may continue the same but shall not own, keep,
harbor or maintain any additional dog until such number of dogs is
less than six, at which point the six-dog limitation will thereafter
be in effect.
B. This section shall not apply to any duly licensed business, organization
or facility that is a veterinary establishment, kennel, breeder, pet
shop, animal shelter, animal rescue or animal adoption agency.
[Amended 5-13-1986 by Ord. No. 86-26; 12-26-1990 by Ord. No. 90-112; 11-10-1992 by Ord. No.
92-83; 11-25-2008 by Ord. No. 2008-77]
A. Any person who violates any provision of this article, except those listed in Subsection
B of this section, or who violates or refuses to comply 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 and pounds to preserve sanitation therein and to prevent the spread of rabies and other diseases of dogs within and from such establishments shall be subject to a fine of not less than $50 nor more than $500 for each offense, to be recovered by and in the name of the City. Any person who refuses or neglects to pay forthwith the amount of a judgment rendered against him and the costs and charges incident thereto shall be committed by the court 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.
B. Any person who violates or refuses to comply with §
224-2,
224-5,
224-7,
224-9,
224-14,
224-19,
224-23,
224-24,
224-25,
224-26,
224-27,
224-28,
224-29,
224-30,
224-31,
224-32,
224-33,
224-34,
224-35,
224-36,
224-37 or
224-40 of this article shall be subject to a fine of not less than $100 nor more than $500 or imprisonment for a period not exceeding 90 days, or to both, for each offense, in the discretion of the court.
C. Any person who violates any provision of this article shall be subject
to an additional fine of $50 if that violation pertains to a dog or
domestic animal that is not spayed or not neutered and is owned by
the person violating such provision.
D. Any person who violates any provision of this article for a second
time shall be subject to an additional fine of $50 for such second
offense.
E. Any person who violates any provision of this article for a third
time shall be subject to an additional fine of $50 for such third
offense.
F. In the event any person violates §
224-19, Running at large, of this article in addition to any two violations of this article, whether such violations occurred before or after such violation of §
224-19, then such dog or domestic animal involved in such violation of §
224-19, if not spayed or not neutered, shall be mandatory spayed or neutered at the owner's expense. In the event that a licensed veterinarian determines that mandatory spaying or neutering is detrimental to the health of the dog or domestic animal, then such procedure shall not be performed.