[Adopted 12-27-1955 by Ord. No. 471]
Terms used in this article which are defined in N.J.S.A. 4:19-15.1
shall have the same meanings as set forth in said statute. The following
words contained in this article shall have the following meanings:
Any dog, bitch or spayed bitch.
Continuous barking or crying without pauses of one minute
or longer, for a period of more than 20 minutes between the hours
of 6:00 a.m. and 10:00 p.m., or for a period of more than 10 minutes
between the hours of 10:00 p.m. and 6:00 a.m., on at least two occasions
over a three-month period.
Any establishment wherein or whereon the business of boarding
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 such dog and every person
who has such dog in his keeping.
An individual, firm, partnership, corporation or association
of persons.
An establishment for the confinement of dogs seized either
under the provisions of this act or otherwise.
No person shall keep or harbor any dog within the Borough of
Westwood, in the County of Bergen, without first obtaining a license
therefor, as herein provided, to be issued by the Clerk of the Borough,
or his duly authorized representative, 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 and N.J.S.A. 4:19-15.1 et seq.[2]
[Amended 10-25-1966 by Ord. No. 624; 12-18-1979 by Ord. No. 831; 12-15-1981 by Ord. No. 81-13; 9-27-1983 by Ord. No. 83-13; 9-25-1984 by Ord. No.
84-19]
A.
License fees.
[Amended 12-27-1988 by Ord. No. 88-21; 10-21-1991 by Ord. No. 91-22; 8-26-1997 by Ord. No. 97-16]
(2)
There shall be an additional fee of $5 for any dog or cat of reproductive
age which has not been spayed or neutered.
[Amended 12-18-2007 by Ord. No. 07-27]
(3)
The renewal fee for existing licenses, where application for same
is made after February of the particular year, will be subject to
an administrative fee of $25 due to higher processing costs.
(4)
All license and registration tags shall expire on December 31 of
the year stated on the license. There shall be no prorating of fees
for a partial year.
B.
In addition to any other fee charged pursuant to this article, any
person applying for the license and registration tag shall pay an
additional fee of $0.20 for each dog, to be forwarded to the State
Treasurer for use in the annual sterilization pilot clinic established
by statute.
C.
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.[2],[3]
[3]
Editor's Note: The following original sections of the 1982 Code, which immediately followed this subsection, were deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I): § 47-5, Application date; § 47-6, Application requirements (as amended 8-27-1991 by Ord. No. 91-14); § 47-7, Licensed dogs from other states (as amended 8-27-1991 by Ord. No. 91-14); § 47-8, Unlicensed dogs from other states (as amended 8-27-1991 by Ord. No. 91-14); and § 47-9, Removal of registration tag; restrictions (as amended 8-27-1991 by Ord. No. 91-14). See N.J.S.A. 4:19-15.4 through 4:19-15.7.
A.
Any person who keeps or operates a pet shop shall obtain from the
Clerk of the Borough a license entitling him to keep and operate such
establishment. Such applicant shall comply with all of the requirements
of N.J.S.A. 4:19-15.8, and the supplements thereto and amendments
thereof, in the procurement of such license.
B.
No kennel or shelter shall be established, operated or maintained
within the Borough of Westwood.
No dog kept in a pet shop or pound shall be permitted off such
premises except on a leash or in a crate or other safe control.
The Borough Council shall also have the power to appoint one
or more persons, to be known as "Animal Control Officers," who may
impound dogs running at large or for any other violation of the provisions
of this article.
The Chief of Police of the Borough, or any official, police
officer or other person designated by him, including Animal Control
Officers, shall take into custody and impound or cause to be taken
into custody and impounded, and thereafter destroy or dispose of,
as provided in this article:
A.
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 if 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.
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 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 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, including
redemption fee, by reason of its detention, plus maintenance, or if
the dog be 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 Poundmaster may cause the dog to
be destroyed, in a manner causing as little pain as possible, and
shall file a written report of such disposal immediately at the Borough
Clerk's office.
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 said
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
or continuously barks or cries.
No person owning, keeping or harboring any dog shall suffer
or permit it to run at large off such person's premises within
the Borough of Westwood, in the County of Bergen.
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 Westwood unless such dog is securely confined
and controlled by an adequate leash not more than six feet long, held
by a person able to control said dog.
[Amended 8-27-1991 by Ord. No. 91-14]
No person owning, keeping or harboring a dog or cat shall permit
or suffer it to do any injury or to do any damage to any lawn, shrubbery,
flowers, grounds or property.
Except as provided in N.J.S.A. 4:19-15.1 et seq., any person
who violates any of the provisions of this article shall, upon conviction,
be subject to one or more of the following: a fine not to exceed $2,000,
a term of imprisonment not to exceed 90 days, or a period of community
service not to exceed 90 days.
