[Adopted 12-30-1941, amended in its entirety 12-12-1989 (Ch. 52, Art. I, of the 1974 Code)]
Terms defined. As used in this article, the following terms shall have the meanings indicated:
- The Borough of Westville in the County of Gloucester.
- Any member of the feline species, male or female or spayed member of such species.
- Any dog, bitch or spayed bitch.
- DOG OR CAT OF LICENSING AGE
- Any dog or cat which has attained the age of seven months or any dog which possesses a set of permanent teeth.
- HABITUAL BARKING
- Barking, howling or crying continuously for a period of 10
minutes or more or intermittently for 30 minutes or more.[Added 2-13-2013 by Ord. No. 2-2013]
- Any establishment wherein or whereon the business of boarding or selling dogs or cats or breeding dogs or cats for sale is carried on, except a pet shop.
- When applied to the proprietorship of a dog or cat, includes every person having a right of property in such dog or cat and every person who has such dog or cat in his or her keeping or control.
- 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 2-13-2013 by Ord. No. 2-2013]
- An establishment for the confinement of dogs or cats seized either under the provisions of this article or otherwise.
- Any establishment where dogs or cats are received, housed
and distributed.[Amended 2-13-2013 by Ord. No. 2-2013]
No person shall keep or harbor any dog or cat within the Borough of Westville, in the County of Gloucester, without first obtaining a license therefor, to be issued by the Borough Clerk of the Borough of Westville upon application by the owner and payment of the prescribed fee, and no person shall keep or harbor any dog or cat in said Borough except in compliance with the provisions of this article.
Any person who shall own, keep or harbor a dog or cat of licensing age shall, in the month of January or February of each year, apply for and procure from the Borough Clerk of the Borough of Westville, a license and official metal registration tag for each such dog or cat so owned, kept or harbored and shall place upon each such dog or cat a collar or harness with the registration securely fastened thereto.
No such license or official metal registration tag for any dog or cat shall be issued unless the owner thereof provides evidence that the dog or cat to be licensed and registered has been inoculated in accordance with N.J.S.A. 4:19-15.2a.
[Amended 2-13-2013 by Ord. No. 2-2013]
The person applying for the license and registration tags shall pay a license fee of $10 for each dog and $8 for each cat. Each annual renewal fee for the license and for the registration tags shall be the same as for the original license and tag. Said licenses, registration tags and renewals thereof shall expire on the last day of January in each year. The fee for any spayed or neutered dog or cat shall be reduced by $3.
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 dogs shall not be required to pay any fee therefor.
[Amended 2-13-2013 by Ord. No. 2-2013]
A late fee of $15 shall be charged for each license not applied for by March 31 of each calendar year. A noncompliance fee of $50 shall be charged for each cat or dog found to be unlicensed.
[Added 6-13-2018 by Ord. No. 8-2018]
The owner of any newly acquired dog or cat of licensing age or of any dog or cat which attains licensing age shall make application for license and registration tag for such dog or cat within 10 days after such acquisition or age attainment.
[Amended 2-13-2013 by Ord. No. 2-2013]
Dog licenses. The applicant for a dog license shall provide the information required on the form provided by the Clerk, and the Clerk shall forward such information to the state as is required to be forwarded by N.J.S.A. 4:19-15.5.
Cat licenses. The applicant for a cat license shall provide the information required on the form provided by the Clerk.
Any person who shall bring or cause to be brought into the Borough of Westville, in the County of Gloucester, any dog or cat licensed in another state for the current year and bearing a registration tag, and shall keep the same or permit the same to be kept within the Borough for a period of more than 90 days, shall immediately apply for a license and registration tag for each such dog or cat, unless such dog or cat is licensed under § 91-9 of this article.
[Amended 2-13-2013 by Ord. No. 2-2013]
Any person who shall bring or cause to be brought into the Borough of Westville any unlicensed dog or cat and shall keep the same or permit the same to be kept within the Borough for a period of more than 10 days shall immediately apply for a license and registration tag for each such dog or cat unless such dog or cat is licensed under § 91-9 of this article.
No person, except an officer in the performance of his duties, shall remove a registration tag from the collar of any dog or cat without the consent of the owner, nor shall any person attach a registration to a dog or cat for which it was not issued.
Any person who keeps or operates or proposes to establish a kennel, a pet shop, a shelter or a pound shall, in accordance with N.J.S.A. 4:19-15.8 et seq., apply to the Borough Clerk of the Borough of Westville for a license entitling him to keep or operate such establishment.
[Amended 2-13-2013 by Ord. No. 2-2013]
The application shall describe the premises where the establishment 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 of the Borough of Westville, showing compliance with the local and state rules and regulations governing location of and sanitation at such establishments.
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 January of each year and be subject to revocation by the Borough Council on recommendations of the State Department of Health and Senior Services or the Board of Health of the Borough of Westville for failure to comply with the rules and regulations of the State Department or the Board of Health of the Borough governing the same, after the owner has been afforded a hearing by either the State Department or the Board of Health of the Borough of Westville.
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 establishments. Such licenses shall not be transferable to another owner or different premises.
The annual license fee for a kennel providing accommodation for 10 or fewer dogs and cats shall be $10, and for more than 10 dogs and cats, $25. The annual license fee for a pet shop shall be $10. No fee shall be charged for a shelter or pound.
No dog or cat 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 the provisions of this article shall be disposed of as provided in N.J.S.A. 4:19-15.11.
The Chief of Police of the Borough of Westville shall promptly, after March 1 of each year, cause a canvass to be made of all dogs or cats owned, kept or harbored within the limits of the Borough of Westville and shall report to the Borough Clerk of the Borough of Westville, the Board of Health of the Borough and the State Department of Health and Senior Services the result thereof, setting forth in separate columns the names and addresses of persons owning, keeping or harboring such dogs or cats and the numbers of licensed dogs or cats owned, kept or harbored by each of said persons, together with the registration number of each of said dogs or cats and the number of unlicensed dogs or cats owned, kept or harbored by each of said persons, together with a complete description of each of said unlicensed dogs or cats.
The Mayor and Council of the Borough of Westville shall appoint some qualified, suitable and fit person or corporation as Animal Control Officer. Such Animal Control Officer shall be appointed at the annual meeting of the Borough Council held each year, to hold office for the term of one year, and it shall be the duty of such Animal Control Officer, in addition to the implied duties hereby conferred, to carry out the provisions of this article.
The Animal Control Officer shall feed and properly care for all animals confined in the pound, the location thereof to be designated by the Borough Council and the food and water to be furnished by the Borough, and the said pound shall be kept in a clean and sanitary condition. Any and all moneys received by the Animal Control Officer under the provision of this article shall be turned over and paid by him or her to the Treasurer of the Borough of Westville. In the event, however, that the Society for the Prevention of Cruelty to Animals shall be named as the Animal Control Officer, such society shall bear all the expenses of feeding and caring for the animals confined in the pound and shall be permitted to retain all moneys received by it as such Animal Control Officer under the provisions of this article, except moneys collected under the provisions of N.J.S.A. 4:19-15.3, 4:19-15.3b, 4:19-15.3c, 4:19-15.8 and 4:19-15.9 and §§ 91-4 and 91-10 of this article, which shall be forwarded to the Borough Chief Financial Officer within 30 days after collection and receipt in accordance with the provisions of this article.
Should any resident require the disposal of a pet, he or she shall request same from the Animal Control Officer. The fee for such disposal is $25 plus veterinary fees.
The Animal Control Officer of the Borough shall 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:
Any dog or cat which said official or his agent or agents have reason to believe is a stray.
Any dog or cat off the premises of the owner or of the person keeping or harboring said dog or cat without a current registration tag on its collar.
Any female dog or cat in season off the premises of the owner or of the person keeping or harboring said dog or cat.
Any dog or other animal which is suspected to be rabid.
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.
If any dog or cat 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 or cat is known, the Animal Control Officer 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 or cat, if known, a notice in writing stating that the dog or cat 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.
A notice under this section may be served either by delivering it to the person on whom it is 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.
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. 4:22-19 or to be offered for adoption seven days after seizure; provided that:
Notice is given as set forth above and the animal remains unclaimed; or
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 $4.00 per day; or
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 or cat.
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.
After observation, any animal seized under this section suspected of being rabid shall be immediately reported to the executive officer of the Board of Health and to the Department of Health and Senior Services.
Any person or persons authorized or appointed by the Borough Council to enforce this article, as provided in § 91-14, shall be authorized to go upon any premises to seize for impounding any dog or cat which he may lawfully seize and impound when such person or persons are in immediate pursuit of such dog or cat, 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 barks or cries.
No person owning, keeping or harboring any dog or cat shall suffer or permit it to run at large upon any public street or in any public place within the Borough of Westville.
[Added 9-24-2003 by Ord. No. 16-03]
The owner, keeper or any person having charge or custody and control of any dog or other domestic animal shall not allow the animal to enter upon any area in a public park, playground, or recreation area posted as a "No Pets" zone. Posting shall be done in such a manner so as to clearly designate restricted areas. In all other areas in a public park, playground or recreation area, dog and domestic animal owners are required to restrain those animals on a leash no longer than six feet or retractable leash capable of being shortened to six feet and must be accompanied by a person over the age of 12 years. No dogs or domestic animals, even if leashed, will be permitted in parks or on municipal grounds during a special event in that park or on the municipal grounds. Animal owners, keepers, or any person having charge or custody of any animal shall be responsible to collect and remove animal feces from the park.
For the purposes of this section, "special events" shall be those events coordinated for the purpose of exhibitions, theatrical products, athletic competitions, musical presentations or other entertainment or educational events, meant for public admission and enjoyment.
The Borough Police Department shall be responsible for enforcement of these provisions.
Notwithstanding anything contained to the contrary herein, this section shall not apply to pets used for the purpose of assisting persons with disabilities, e.g., service dogs, Seeing Eye dogs, or hearing ear dogs.
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 Westville unless such dog is accompanied by a person over the age of 12 years and is securely confined and controlled by an adequate leash not more than six feet long.
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.
[Amended 2-13-2013 by Ord. No. 2-2013; 6-13-2018 by Ord. No. 8-2018]
If the municipal court declares any dog to be potentially dangerous, it shall issue an order and a schedule for compliance which, in part:
Shall require the owner to comply with the following conditions:
To apply, at his own expense, to the Municipal Clerk or other official designated to license dogs pursuant to Section 2 of P.L. 1941, c. 151 (N.J.S.A. 4:19-15.2), for a special municipal potentially dangerous dog license, municipal registration number, and red identification tag issued pursuant to Section 14 of said Act. The owner shall, at his own expense, have the registration number tattooed upon the dog in a prominent location. A potentially dangerous dog shall be impounded until the owner obtains a municipal potentially dangerous dog license, municipal registration number, and red identification tag.
To display, in a conspicuous manner, a sign on his premises warning that a potentially dangerous dog is on the premises. The sign shall be visible and legible from 50 feet from the enclosure required pursuant to Subsection A(1)(c) of this section.
To immediately erect and maintain an enclosure for the potentially dangerous dog on the property where the potentially dangerous dog will be kept and maintained, which has sound sides, top and bottom to prevent the potentially dangerous dog from escaping by climbing, jumping or digging, and within a fence of at least six feet in height separated by at least three feet from the confined area. The owner of a potentially dangerous dog shall securely lock the enclosure to prevent the entry of the general public and to preclude any release or escape of a potentially dangerous dog by an unknowing child or other person. All potentially dangerous dogs shall be confined in the enclosure or, if taken out of the enclosure, securely muzzled and restrained with a tether approved by the Animal Control Officer and having a minimum tensile strength sufficiently in excess of that required to restrict the potentially dangerous dog's movements to a radius of no more than three feet from the owner and under the direct supervision of the owner.
May require the owner to maintain liability insurance in an amount determined by the municipal court to cover any damage or injury caused by the potentially dangerous dog. The liability insurance, which may be separate from any other homeowner policy, shall contain a provision requiring the municipality in which the owner resides to be named as an additional insured for the sole purpose of being notified by the insurance company of any cancellation, termination or expiration of the liability insurance policy.
Appeal of decision. The owner of the dog, or the Animal Control Officer for the municipality in which the dog was impounded, may appeal any final decision, order, or judgment, including any conditions attached thereto, of a municipal court pursuant to P.L. 1989, c. 307 (N.J.S.A. 4:19-17 et seq.), by filing an appeal with the Superior Court, Law Division, in accordance with the Rules Governing the Courts of the State of New Jersey pertaining to appeals from courts of limited jurisdiction. The Superior Court shall hear the appeal by conducting a hearing de novo in the manner established by those rules for appeals from courts of limited jurisdiction.
Any person who is convicted of violating the provisions of this article within one year of the date of a previous violation of this same article and who was fined for the previous violation shall be sentenced by the court to an additional fine as a repeat offender. The additional fine imposed by the court for a repeated offense shall not be less than the minimum or exceed the maximum fine fixed for a violation of this article, but shall be calculated separately from the fine imposed for the original violation of this article. The continuation of such violation for each successive day shall constitute a separate offense.