[Adopted 2-9-2006 as Ch. 265, Arts. I and IV, of the 2006 Code of the Borough
of High Bridge]
As used in this article, the following terms shall have the
meanings indicated:
Releasing, leaving or refusing to pick up or claim any animal
which one owned, possessed or had in one's custody or control.
Any dog, bitch or spayed bitch.
Any dog which has attained the age of seven months or which
possesses a set of permanent teeth.
Any establishment wherein or whereon the business of boarding
or selling dogs or breeding dogs for sale is carried on, except a
pet shop.
One or more animals born to a female animal.
When applied to the proprietorship of a dog, includes every
person having a right of property in such dog and every person who
has such dog in his keeping.
Any room or group of rooms, cage or exhibition pen, not part
of a kennel, wherein dogs for sale are kept or displayed.
An establishment for the confinement of dogs seized either
under the provisions of this article or otherwise.[1]
[1]
Editor's Note: The former definition of "vicious dog," which
immediately followed this definition, was repealed 6-13-2013 by Ord.
No. 2013-13.
[Amended 2-28-2008 by Ord. No. 2008-3]
Any person who shall own, keep or harbor a dog of licensing
age, that is, which has obtained the age of seven months or which
possesses a set of permanent teeth, shall for current year starting
on January 2 and no later than June 30 to avoid a late fee, apply
for and procure from the Clerk of the Borough of High Bridge or other
official designated by the governing body thereof to license dogs
in 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.
A.
The person applying for the license and registration tag shall pay
a fee of $10 for the Borough licensing of each dog, which is inclusive
of the state registration of each dog. All fees shall be paid at the
time of licensing and registration. Such licenses, registration tag
and renewals thereof shall expire on the last day of December in each
year. Any person who does not obtain the necessary license and registration
tag within the time period set forth by resolution shall pay in addition
to the regular license and registration fee a late registration charge
of $10 for the first month and a $5 charge per month thereafter.
[Amended 2-28-2008 by Ord. No. 2008-3; 12-10-2015 by Ord. No. 2015-34]
B.
Those applying need a current proof of rabies vaccination which cannot
expire before November of the license year.
C.
An additional charge of $5 will be added for those dogs not neutered
or spayed.
[Amended 2-28-2008 by Ord. No. 2008-3; 12-10-2015 by Ord. No. 2015-34]
D.
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 as hereinabove provided for, except that the owner or keeper
of such dog shall not be required to pay any fee therefor.
[Amended 6-13-2013 by Ord. No. 2013-13]
E.
Emergency service personnel employed by the Borough of High Bridge,
or in service to the Borough of High Bridge, are exempt from licensing
fees of the Borough of High Bridge. Proof of active service must be
shown, or a copy submitted, at the time of licensing to receive this
exemption of licensing fees.
[Added 10-10-2019 by Ord. No.
2019-033]
The owner of any newly acquired dog of licensing age or of any
dog which attains licensing age shall make application for license
and registration tag for such dog within 10 days after such acquisition
or age attainment.
A.
The application shall state the breed, sex, age, color and marking
of the dog for which license and registration are sought, whether
it is of a long- or short-haired variety, and whether it has been
surgically debarked or silenced; and the name, street and post office
address of the owner and the person who shall keep or harbor such
dog.
[Amended 6-13-2013 by Ord. No. 2013-13]
B.
The information on said application and the registration number issued
for the dog shall be preserved for a period of three years by the
authorized municipal licensing official. Registration numbers shall
be issued in the order of the applications.
C.
The authorized municipal licensing official shall forward to the
State Department of Health each month, on forms furnished by said
Department, an accurate account of registration numbers issued or
otherwise disposed of.
[Amended 6-13-2013 by Ord. No. 2013-13]
A.
Any person who shall bring or cause to be brought into the municipality 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 municipality for a period of more than 90 days shall immediately apply for a license and registration tag for each such dog, unless a license for such dog is not required pursuant to § 120-16 hereof.
B.
Any person who shall bring or cause to be brought into the municipality any unlicensed dog and shall keep the same or permit the same to be kept within the municipality for a period of more than 10 days shall immediately apply for a license and registration tag for each such dog, unless a license for such dog is not required pursuant to § 120-16 hereof.
A.
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.
B.
No licensed dog shall be allowed off the premises of the person harboring
or keeping the dog without the registration tag attached to its harness
or collar.
A.
Any person who keeps or operates or proposes to establish a kennel,
a pet shop, a shelter or a pound shall apply to the authorized municipal
officer for a license entitling him to keep or operate such establishment.
All licenses issued for such establishments shall state the purpose
for which the establishment is maintained and shall expire on the
last day of December of each year, and no such license shall be transferable
to another owner or different premises.
B.
Any person holding such license shall not be required to secure individual
licenses for dogs owned by such licensee and kept at such establishments.
The application shall describe the premises where the establishment
for a kennel, pet shop, shelter or pound is located or is proposed
to be located and the purpose or purposes for which it is to be maintained,
and shall be accompanied by the written approval of the Board of Health
and Zoning Officer showing compliance with the local and state rules
and regulations governing the location of and sanitation at such establishments.
All licenses issued for a kennel, pet shop, shelter or pound
shall be subject to revocation by the governing body on recommendation
of the State Department of Health or the Municipal Board of Health
for failure to comply with applicable provisions of this article or
the rules and regulations of the State Department of Health or of
the Municipal Board of Health governing the same, after the licensee
has been afforded a hearing by either the State Department of Health
or the governing body.
A.
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 fee shall be charged
for a shelter or pound.[1]
B.
License fees for dog establishments shall be paid with the application.
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 under
other safe control.
A.
License or other fees collected under the provisions hereof, except
registration tag fees, shall be forwarded to the CFO of the municipality
within 30 days after collection or receipt and shall be placed in
a special account separate from any of the other accounts of the municipality
and shall be used for the following purposes only: 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 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 municipality 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 authorized municipal licensing official shall forward to
the State Department of Health 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.
The Chief of Police or such other persons designated by the
governing body shall promptly after February 1 annually or biennially,
at the direction of the Council, cause a canvass to be made of all
unlicensed dogs owned, kept or harbored within the limits of the municipality.
He shall report on or before September 1 of the year in which the
census is taken to the Borough Clerk-Administrator or such other authorized
municipal licensing official, to the Board of Health and to the State
Department of Health the result thereof, setting forth in separate
columns the names and addresses of persons owning, keeping or harboring
such dogs, the number of unlicensed dogs owned or kept by each of
said persons, together with the complete description of each of said
unlicensed dogs.
The Hunterdon Humane Animal Shelter may appoint or hire, at such times and for such terms as may from time to time seem expedient, one or more persons, to be known as "Animal Control Officers," whose duties shall be to enforce the provisions of this article and take into custody and impound dogs as provided in § 120-25 hereof. The governing body may authorize the members of the Police Department to perform the above services or may contract for the performance of such services.
A.
The Animal Control Officers or other persons designated by the governing
body shall take into custody and impound or cause to be taken into
custody and impounded, and thereafter destroyed or disposed of or
offered for adoption as hereinafter provided in this section:[1]
(1)
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.
(2)
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.
(3)
Any female dog in season off the premises of the owner or of the
person keeping or harboring said dog.
(4)
Any dog upon the public or private streets or in any public place not accompanied by a person and not confined or controlled as prescribed by § 120-31 hereof.
(5)
Any dog kept in a kennel, pet shop, shelter or pound off such establishment and not confined or controlled as prescribed by § 120-20 hereof.
(7)
Any dog which the owner or person keeping or harboring wishes to
dispose of where ownership, custody and control are renounced by the
owner or agent of the owner in a letter directed to the Hunterdon
Regional Animal Shelter Commission.
B.
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 one 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 dog, if known, a notice in writing
stating that the dog has been seized and will be liable to be disposed
of or destroyed or offered for adoption if not claimed within seven
days after the service of the notice.[2]
C.
A notice under Subsection B of 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 mail 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.
When any dog so seized has been detained for seven days after notice,
when notice can be given as above set forth in this section, or has
been detained for seven days after seizure, when notice has not been
and cannot be given as above set forth in this section, and the owner
or person keeping or harboring said dog has not claimed said dog and
paid all expenses incurred by reason of its detention, or 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 the most humane manner possible or offered for adoption.[3]
E.
When any dog shall be delivered under Subsection A(7) of this section, no notice to the owner shall be required unless the person delivering the said dog is someone other than the owner, in which event the procedure set forth in Subsection B, Subsection C and Subsection D shall be followed; if the person delivering the said dog is the owner, the Animal Control Officer or any other person so authorized may forthwith destroy the dog in the most humane manner possible or offer for adoption.[4]
The fees for redemption and adoption of cats and dogs shall
be as provided by the Hunterdon Humane Animal Shelter.
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.
[Amended 11-18-2010 by Ord. No. 2010-14]
A.
It shall be unlawful for any property owner or tenant to allow any
domesticated or caged animal to create a sound across a real property
line which unreasonably disturbs or interferes with the peace, comfort,
and repose of any resident, or to refuse or intentionally fail to
cease the unreasonable noise when ordered to do so by a police officer.
Prima facie evidence of a violation of this section shall include
but not be limited to:
(1)
Vocalizing (howling, yelping, barking, squawking, etc.) for 20 minutes
without interruption, which is defined as an average of four or more
vocalizations per minute in that period.
B.
It is an affirmative defense under this section that the dog or other
animal was provoked to violate this article by a person other than
the property owner, tenant or a person visiting the property owner
or tenant, any child not residing with or visiting the property owner
or tenant, a vehicle operated by a person other than the property
owner, tenant or a person visiting the property owner or tenant, or
any other animal that either is not owned by the property owner, tenant
or a person visiting the property owner or tenant or does not have
the permission of the property owner or tenant to be on the property,
including but not limited to wild animals that may come on the property.
C.
The license for a kennel, pet shop, shelter or pound may be suspended
or revoked for continued violations of this section after the licensee
has been afforded a hearing by the governing body on due notice of
such complaints.
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, in any public building or in any other public place within the
municipality or on the private property of any person other than the
dog owner.
[Amended 10-24-2013 by Ord. No. 2013-21]
A.
Degree
of control required. No person owning, keeping or harboring any dog
shall suffer or permit it to be upon the public or private streets
or in any public park/open space area unless such dog is accompanied
by a person and is securely confined and controlled by a leash, cord,
or chain so that the dog does not come in physical contact with any
person or pet without the consent of the person or, in the case of
a pet, the consent of the person responsible for or who has control
of the pet.
B.
Violations and penalties. Any person, firm or corporation who shall violate any of the provisions of this § 120-31 shall, upon conviction, be punished with the maximum penalty, being one or more of the following: a fine not to exceed $2,000, imprisonment in the county jail for a period not to exceed 90 days, and/or a period of community service not to exceed 90 days. Each time there is a violation of any of the provisions of this § 120-31 shall be deemed and taken to be a separate and distinct offense.
[1]
Editor's Note: Original § 265-25 of the 2006 Code,
Vicious dogs, which immediately followed this section, was repealed
6-13-2013 by Ord. No. 2013-13. See now N.J.S.A. 4:19-17 et seq.
All dogs and/or cats which bite any person shall be quarantined
by the local Board of Health for a ten-day period. The owner or person
in charge of such dog or cat shall, during that ten-day period, have
such dog or cat examined by a veterinarian and obtain a written report
of such examination and forward the same to the local Board of Health.
The report of this examination shall be delivered to the local Board
of Health within 14 days of the date of the dog or cat bite.[1]
[1]
Editor's Note: Original § 265-27 of the 2006 Code,
Dogs attacking other animals, which immediately followed this section,
was repealed 6-13-2013 by Ord. No. 2013-13. See now N.J.S.A. 4:19-17
et seq.
All provisions of this article shall be enforced by the Borough
Police Department, the regional animal shelter and the Municipal Health
Officer.
[Amended 6-13-2013 by Ord. No. 2013-13]
Except as provided in N.J.S.A. 4:19-15.19, any person, firm or corporation who shall violate any of the provisions of this article shall, upon conviction, be punished as provided in Chapter 1, Article II, General Penalty, and each violation of any of the provisions of this article and each day the same is violated shall be deemed and taken to be a separate and distinct offense.
