[Adopted 12-30-1999 by Ord. No. 16-99]
Chapter 53 is hereby repealed in its entirety and replaced in its entirety by the following new Chapter 53.
The article shall be entitled "Dogs and Cats: Regulations."
A. 
Terms defined. The words hereinafter defined shall have the meanings herein indicated for the purposes of this article as follows:
ABANDONED CAT OR DOG
A cat or dog of any age which shall be left unattended, unclaimed, unlicensed or at large for a period of 72 hours or more.
AT LARGE
An unleashed dog or cat off the premises of the owner.
BOROUGH OFFICIAL
Any Borough Code Enforcement Official, Clayton Police Department officer, Gloucester County Animal Control officer, the Municipal Clerk, or any other official or person assigned or designated by Mayor and Council.
[Amended 5-10-2018 by Ord. No. 10-2018]
CAT
Any animal of a feline species (Felis catus).
COMMERCIAL KENNEL
Any establishment for the treatment, care, boarding or breeding of dogs or cats for a fee.
DOG
Any animal of the canine species (Canis familiaris), except dingoes.
DOG OR CAT OF LICENSING AGE
Any dog or cat which has attained the age of seven months, or a dog which possesses a set of permanent teeth.
LEASHED
Restrained by a leash no greater than six feet in length, attached to a collar or harness of sufficient strength to restrain the dog or cat and which shall be held by a person having the ability to control the animal at hand.
OWNER
Any person who keeps, harbors or has custody and control of a dog or cat, or both. Dogs or cats owned by minors shall be deemed to be in the custody and control of the parents or other head of household where the minor resides. Any person harboring a dog or cat for a period of one week shall be deemed to be the owner of the dog or cat for the purpose of enforcing these regulations.
PERSON
An individual, firm, partnership, corporation or association of persons.
PUBLIC NUISANCE
A dog or cat that causes damage to public or private property or causes harm to any person.
STRAY DOG OR CAT
A dog or cat having no known owner or custodian.
VICIOUS DOG OR CAT
Any dog or cat which has attacked or bitten any human or which habitually attacks other dogs or cats or domestic animals.
B. 
Word usage.
(1) 
The words "and" and "or" may be used interchangeably and either of the two may be applicable, whichever is more conducive towards the effectuating of this article.
(2) 
Personal pronouns shall mean either the singular or plural, whichever is applicable and conducive towards the effectuating of this article.
(3) 
The masculine, feminine or neuter gender shall be implied, whichever is appropriate and conducive for the effectuating of this article.
[Amended 12-28-2000 by Ord. No. 21-00]
Households in the Borough of Clayton shall be limited to four licensed dogs and four licensed cats, with the exception of those having a commercial kennel license.
[Added 12-28-2000 by Ord. No. 21-00]
An owner desirous of owning and maintaining a number of dogs or cats in excess of that permitted by this article shall have the right to make application to the Borough Council for a waiver of the maximum number of animals permitted under this article. The application for a hearing before the Borough Council must be submitted not less than 10 days prior to a regularly scheduled Borough Council meeting, with notice published in the official newspaper of the Borough of Clayton 10 days prior to said meeting, and giving written notice to all property owners within 200 feet of the applicant's property. The applicant shall obtain a certified list of all property owners within 200 feet of his/her property from the Borough of Clayton Tax Assessor's office.
A. 
Type of notice. Notice must be made to all property owners within 200 feet of the applicant's property by regular and certified mail, return receipt requested, with proof of service being presented to the Borough Council at the time of the hearing, with an affidavit setting forth that the mailing has been made to the appropriate property owners.
B. 
Form of notice. The notice shall set forth the following:
(1) 
Name and address of the applicant;
(2) 
If different than the information in Subsection B(1) above, the address and lot and block number of the household or dwelling unit for which the applicant is requesting a number of dogs and/or cats in excess of the requirement in this article;
(3) 
The nature of the waiver requested setting forth the number of animals total and the number of dogs and/or cats requested in excess of the requirement in this article; and
(4) 
The date, time and place of the hearing before the Borough Council.
C. 
Consideration for granting of waiver; burden of proof and vote. By majority vote of the quorum of the Borough Council, the Council may grant or deny an application for a request for a waiver based upon a preponderance of evidence that the applicant has demonstrated good cause for the granting of such waiver. In examining whether or not a waiver should be granted, the Borough Council shall consider the following:
(1) 
The size of the property of the applicant where the animals are intended to be kept.
(2) 
The distance between the location of where the animals are intended to be kept on the applicant's property and the physical location of an adjacent property owner's home or dwelling unit.
(3) 
Whether the applicant's household is an apartment, condominium or townhouse or a single-family detached dwelling.
(4) 
Whether the applicant's property is fenced so as to shield the cats or dogs from the site of the surrounding property owners.
(5) 
Whether the dogs or cats are kept in the applicant's home or remain primarily outside of the applicant's home.
(6) 
The breed and size of the dog or cat.
(7) 
The prior history of complaints filed against the applicant for violation of this article or the predecessor Chapter 53 of the Code of the Borough of Clayton.
(8) 
The zoning district of the applicant's property.
(9) 
Whether the animals serve some purpose related to the applicant's use of his/her property, i.e., whether the dogs are utilized for security, or cats utilized for rodent control.
(10) 
For other such reasons as the Borough Council may feel appropriate to consider according to the case, facts and circumstances presented to the Borough Council.
(11) 
One member of the Board of Health and the appointed councilmatic representative of the Board of Health will conduct an on-site inspection of the property and make a recommendation to either approve or disapprove said waiver, which recommendation shall not be binding upon the Council voting on said application.
D. 
Number of animals. Should the Borough Council grant the applicant's request for a waiver, the Borough Council shall set the number of dogs and/or cats permitted for the applicant's household or dwelling unit in excess of that permitted by this article.
E. 
Revocation of waiver. A waiver granted by the Borough Council to an applicant for a waiver may be revoked by the Borough Council by proper application made by a Borough official, member of the Borough Police Department, or an individual by making application to the Borough Council at least 10 days prior to a Borough Council meeting and by serving notice upon the owner by regular and certified mail, return receipt requested, of the application for revocation of the waiver. The notice shall also include a factual basis for the requested revocation. A hearing shall then be held by the Borough Council on the application for revocation. The Board will evaluate the application for revocation of waiver based upon the same criteria previously set forth herein under Subsection C(1) through (11) of this section.
A. 
License requirements. No person shall own, keep, harbor or maintain any dog or cat over seven months of age within the Borough of Clayton unless such dog or cat is licensed. The provisions of this section do not apply to dogs or cats held by a state- or federal-licensed research facility, a veterinary establishment or a licensed animal shelter, pound, kennel or pet shop. No dog or cat may be licensed without proof of vaccination as detailed below.
B. 
All dogs and cats within the limits of the Borough of Clayton shall be licensed in accordance with New Jersey statutes in such case made, and the licensing fee therefore shall be $9.00 per year for dogs and cats, except that all dogs and cats within the Borough limits qualifying for licensing on the first day of each year shall be licensed on or before April 30 of each year. The fee for licensing said dogs and cats subsequent to said date shall be $13.00 per year.
[Amended 9-10-2020 by Ord. No. 9-2020; 4-28-2022 by Ord. No. 8-2022]
C. 
Vaccination. All dogs and cats shall be vaccinated against rabies by a licensed veterinarian in accordance with the recommendations for immunization published by the National Association of State Public Health Veterinarians, except as provided in Subsection D.
D. 
Exemptions. Any dog or cat may be exempted from vaccination requirements for a specified period by the local Board of Health upon presentation of a veterinarian's certificate stating that because of an infirmity or other physical condition, the inoculation of such dog or cat is not medically appropriate.
E. 
Dogs used as guide dogs or service dogs shall be licensed as other dogs hereinabove provided for, except that the owner or keeper of a guide dog or service dog shall not be required to pay any fee therefor.[1]
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
Any dog owner or cat owner who shall suffer or permit any unlicensed dog or unlicensed cat to run at large or who shall suffer or permit any dog or cat, whether licensed or not, to run at large without the tag provided by law, or who shall cause or permit any unlicensed dog or unlicensed cat to wear such a tag, shall be guilty of a violation of this article.
A. 
No dog of a vicious nature, whether registered or not, shall be permitted by the owner or person keeping or harboring said dog to be in or upon any of the streets, highways, alleys or other public places in the Borough of Clayton at any time, nor shall such dog be permitted to trespass upon the property of any other person in said Borough, without being safety muzzled, and any dog so unmuzzled in violation of this section may be impounded or killed by any police official, constable or any other duly appointed peace officer, and such dog may be destroyed at any time not less than 48 hours after its capture, unless the owner shall, before its destruction, reclaim the same and pay the penalty hereinafter provided for the violation of this section, and said owner shall immediately muzzle the same as herein provided. All police officials, constables and other peace officers of the Borough of Clayton are hereby empowered, without further appointment or designation, to enforce the provisions of this section.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
No person shall own, keep, harbor, or maintain any vicious or potentially dangerous dog over seven months of age within the Borough of Clayton unless such vicious or potentially dangerous dog is licensed. No vicious or potentially dangerous dog may be licensed without proof of vaccination as provided in § 53-5.
[Added 2-23-2006 by Ord. No. 05-2006]
C. 
All vicious or potentially dangerous dogs within the limits of the Borough of Clayton shall be licensed in accordance with New Jersey statutes in such case made, and the licensing fee therefor shall be $700 per year per vicious or potentially dangerous dog, except all vicious or potentially dangerous dogs within the Borough limits qualifying for licensing on the first day of each year shall be licensed on or before March 31 of each year.
[Added 2-23-2006 by Ord. No. 05-2006]
A. 
No person who owns, keeps, harbors or possesses any dog or dogs shall suffer or permit such dog or dogs to annoy neighbors and other persons living within his immediate vicinity by continued barking and howling, and whenever complaint shall be made, in writing, by a Borough official, or under oath by two or more persons owning property within the Borough of Clayton and living within hearing distance of said dog or dogs, at least one of which property owners shall not have an interest in the same property as the other or others, setting forth that such barking or howling is creating a serious annoyance or disturbance to any individual or to the neighborhood for a period of 10 continuous minutes or intermittently for 30 minutes, then and in such case the owner shall cause said barking and howling to cease and terminate immediately, and if such barking and/or howling shall again occur, regardless of its duration, the provisions of this article shall be deemed to have been violated and the owner shall pay such penalty as may be imposed therefor.
B. 
Prohibited acts. It shall be unlawful for any owner of a dog or cat in the Borough of Clayton to permit or allow such dog or cat within the Borough of Clayton to:
(1) 
Run at large.
(2) 
Be off the owner's property unless leashed.
(3) 
Engage in habitual loud howling, barking or whining or conduct itself in such a manner as to annoy habitually any person other than the owner or harborer of such dog or cat.
(4) 
Defecate or urinate upon any property within the Borough, with the following stipulations:
(a) 
It shall be unlawful for the owner or person in custody or control of any animal to allow such animal to defecate or urinate upon the public property of the Borough, the highways of the state and the private property of another other than the owner or harborer of said animal.
(b) 
If such animal shall defecate upon property other than that of the owner or harborer of the animal, the owner or harborer must immediately clean up the feces and make proper disposition of it so as not to endanger the health and safety of the public.
(c) 
If an animal shall defecate upon the property of the owner or harborer of such animal, the owner or harborer must clean up the feces and make proper disposition of it within a reasonable period of time, but not to exceed 24 hours, so as not to endanger the health and safety of the public.
(5) 
Bite, chase, jump upon or otherwise harass any person in such a manner as to cause intimidation or to put such a person in reasonable apprehension of bodily harm or injury.
(6) 
Chase, leap on or otherwise harass bicycles or motor vehicles.
(7) 
Kill or injure any dog, cat or other household pet.
(8) 
Be unlicensed when seven months old or older.
(9) 
Not have a current and valid New Jersey identification tag on its collar while off the premises of the owner.
C. 
It shall be unlawful for any dog or cat to be unvaccinated against rabies, which vaccination shall be required to be proven to Borough officials.
No person owning, keeping or harboring any dog or cat shall suffer or permit it to be upon the public streets or in any public places of the Borough of Clayton unless leashed.
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(s) or cat(s) which may be lawfully seized or impounded when such officer is in immediate pursuit of such animal.
[Amended 9-13-2018 by Ord. No. 17-2018]
Any Borough Official, as defined in § 53-3A, shall be permitted under this article to enforce the provisions outlined herein. Nothing herein shall prohibit a private citizen from bringing or signing a complaint for an alleged violation of this article.
No person shall hinder, molest or interfere with anyone authorized or empowered to perform any duty under this article.
[Amended 5-10-2018 by Ord. No. 9-2018]
Any person violating or failing to comply with any of the provisions of this article shall, upon conviction thereof, be subject to the penalty provided in Chapter 1, General Provisions, Article I, Enforcement; General Penalty, § 1-2, Maximum penalty.
[Added 9-13-2018 by Ord. No. 17-2018]
Gloucester County Animal Control officers (GCACO), or other designee, may investigate and/or require compliance for violations pursuant to N.J.S.A. 4:22.[1] In the event the GCACO or designee sees or recognizes a potential violation of law, or the need arises where an investigation is warranted, then the GCACO shall make report said matter to the municipal humane law enforcement officer for further action. The GCACO may continue to participate in the investigation as requested or required.
[1]
Editor's Note: See N.J.S.A. 4:22-14.1 et seq.