As used in this article:
DOG
Includes any dog, bitch or spayed bitch.
DOG OF LICENSING AGE
Includes any dog which has attained the age of seven months
or which possesses a set of permanent teeth.
KENNEL
Includes any establishment wherein or whereon the business
of boarding or selling dogs or breeding dogs for sale is carried on,
except a pet shop.
OWNER
When applied to the proprietorship of a dog shall include
every person having a right property in such dog and every person
who has such a dog in his keeping.
PET SHOP
Includes any room or group of rooms, cage or exhibition pen,
not part of a kennel, wherein dogs for sale are kept or displayed.
[Amended 11-13-2008 by Ord. No. 2008-03]
Annual license fees shall be as follows:
A. For a kennel providing accommodations for 10 or fewer
dogs: $150.
B. For a kennel providing accommodations for more than
10 dogs: $250.
No dog kept in a kennel or pet shop shall be
permitted off such premises, except on leash or in a crate or under
other safe control.
[Amended 6-7-2001 by Ord. No. 2001-1; 6-7-2007 by Ord. No. 2007-5A]
A. The person
applying for the license and registration tag, or for an annual renewal
thereof, shall pay to the Borough Clerk a fee for each dog license
and registration tag of each dog.
(1) Dog
license and tag (spayed): $10.
(2) Dog
license and tag (unspayed): $13.
B. Said
licenses, registration tags and renewals thereof shall expire on the
last day of December in each year.
[Added 9-8-2016 by BOH Ord. No. 2016-01]
A. Fee
is license is not paid by February 15: $25.
B. Fee
is license is not paid by April 30: $40.
Dogs used as guides for blind persons and commonly
known as "Seeing Eye" dogs shall be licensed and registered as provided
in this article; provided, however, that the owner or keeper of such
dog shall not be required to pay any fee therefor.
License forms and uniform official registration
tags designed by the State Department of Health shall be furnished
by the Borough of East Rutherford, shall be numbered serially, and
shall bear the year of issuance and the name of the Borough.
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 tags for such dog within 10 days after
such acquisition or age attainment.
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.
No person owning or having the control, custody
or possession of a dog shall permit or suffer such dog to run at large,
or to go or be upon the public street, sidewalks or other public places
within the Borough unless said dog shall be on a leash and in the
custody of some person or persons capable of controlling such dog.
The Chief of Police or any person appointed
for the purpose by the Board of Health of the Borough of East Rutherford
shall, promptly after February of each year, cause a canvass to be
made of all dogs owned, kept or harbored within the limits of the
Borough and shall report, on or before May 1 of each year, to the
Borough Clerk, to the Department of Health of the Borough, 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 licensed dogs owned, kept or
harbored, together with the registration number of each of said dogs,
and the number of unlicensed dogs owned, kept or harbored by each
of said persons, together with a complete description of each of said
unlicensed dogs.
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 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.
[Added 4-3-2003 by Ord. No. 2003-1]
A. No person shall feed or attract any wild or stray animal. The definition of "wild or stray animals" shall include but not be limited to the following: cats and dogs which are not housed within a residence within the Borough of East Rutherford; raccoons; skunks; groundhogs; pigeons; waterfowl and other birds. Wild or stray animals shall not include any animal licensed by the Borough of East Rutherford under Article
XVII of the Sanitary Code. This section shall not apply to elevated bird feeder devices as set forth in Article
XVII, §
396-188.2. This prohibition shall also apply to any conditions by which the feeding of animals creates a public health risk or unsanitary conditions.
B. Any person who violates the terms and provisions of this section shall be subject to the fines and penalties set forth in Article
XVII, §
396-187 of the Sanitary Code of the Borough of East Rutherford.
[Added 4-3-2003 by Ord. No. 2003-1]
A. Each property owner shall be permitted to have one
bird feeder or suet, but not both, to be located in the rear of the
property, behind the existing house or premises, no closer than 12
feet to any property line.
(1)
Bird feeder.
(a)
A bird feeder shall be either:
[1] A tube or cylinder-type feeder
hung from a tree or pole; or
[2] A hopper-type feeder which shall
be no larger than 12 inches in width and height and be fully enclosed
on all sides with openings of no more than 1/2 inch in size.
(b)
Bird feeders shall be hung no less than three
feet and no more than eight feet from the ground.
(c)
Bird feeders shall be filled with no more than
10 ounces of bird feed or bird food at any time to be placed inside
the bird feeder only.
(2)
Suet. Suet is a formulation of animal fat and
other ingredients in cake or brick form. Suet shall be placed in either
a mesh bag or wire cage and suspended close to the trunk of a tree
between five and six feet from the ground.
B. No bird seed or any form of bird food shall be thrown
or scattered on the ground of any property. No suet shall be smeared
on any tree. Seed shells or bird food dropped by birds or which otherwise
fall to the ground shall be removed so that no accumulation results.
C. Any person who violates the terms and provisions of this section shall be subject to the fines and penalties set forth in Article
XVII, §
396-187 of the Sanitary Code of the Borough of East Rutherford.
[Added 6-23-2005 by Ord. No. 2005-1]
A. No person or persons occupying a single dwelling unit
within the Borough of East Rutherford shall be allowed to permit the
harboring, either inside or outside of the dwelling unit, of more
than four cats and four dogs. However, on properties equal to or greater
than 10,000 square feet in area, exclusive of properties which contain
townhouses, condominiums, apartment complexes, cooperative units,
hotels, motels, and multifamily dwellings exceeding two dwelling units,
the number of allowable cats and dogs per dwelling unit upon said
property shall be increased to five cats and five dogs.
[Amended 11-1-2007 by Ord. No. 2007-4]
B. The provisions of this section shall not supercede
any rule, regulation, code, lease provision, deed restriction or bylaw
setting a more restrictive limitation on the number of cats or dogs
harbored for each dwelling unit within the Borough which may be in
force by a landlord, condominium association, cooperative association,
or other property owner within the Borough.
C. Any person who violates any provision of this section
shall, upon conviction thereof, be punished by a fine not exceeding
$500, to be determined by the presiding Judge of the Municipal Court
of East Rutherford, or his designee. A separate offense shall be deemed
committed on each day during or on which a violation occurs or continues.
Proof that the dog(s) and/or cat(s) in excess of the limitation set
herein have been permanently removed from the dwelling unit as of
the date of the court hearing shall be considered a mitigating factor
in the imposition of the fine as determined by the presiding judge
or his designee.
D. Any person who violates any provision of this section
shall, upon conviction thereof, within 24 hours deliver all dogs and
cats in excess of the limitation set herein to the Bergen County Animal
Shelter and provide proof of such delivery to the Borough. Any person
so convicted shall pay any and all costs associated with the delivery
to and the sheltering of any and all dogs and cats in excess of the
limitation set herein, including but not limited to the cost of any
required vaccines or medications.
E. The failure to deliver the animals, provide proof of delivery or pay any and all costs associated with delivery as prescribed in Subsection
D above shall be considered separate and distinct offenses and each offense shall be punishable as prescribed in Subsection
C above.
F. In lieu of the requirements set forth in Subsection
D above, a person so convicted shall within 24 hours of said conviction provide the Borough with a notarized statement from an individual not residing in the same dwelling unit as the convicted person confirming that said individual has adopted the dog(s) and/or cat(s) in excess of the limitation set herein; that the individual agrees to remain responsible for the care and feeding of the dog(s) and/or cat(s) in question; that the individual agrees to provide for the proper vaccinations of the dog(s) and/or cat(s) in question; and that the individual agrees to provide for the proper licnesing of the dog(s) in question.
G. In the event that a person convicted of violating a provision of this section fails to take the measures outlined in Subsection
D or
F above, any officer or agent authorized or empowered to perform any duty under this article is hereby authorized to enter upon any premises in order to remove the dog(s) and/or cat(s) in excess of the limitation set herein.
H. The Health Departments of the Borough, County of Bergen
and/or the State of New Jersey, the Chief of Police of the Borough
or any official Police Officer of the Borough are authorized to administer
the provisions of this section. The provisions of this section shall
be enforced by the Health Officer, or his designee, the Code Enforcement
Officer of the Borough, the Chief of Police of the Borough or any
official Police Officer of the Borough.