As used in this article, the following terms shall have the meanings indicated:
CERTIFIED ANIMAL CONTROL OFFICER
A person 18 years of age or older who has satisfactorily completed the course of study approved by the Commissioner of Health and Senior Services and the Police Training Commission as prescribed by N.J.S.A. 4:19-15.16a, or who has been employed in the State of New Jersey in the capacity of, and with similar responsibilities to, those required of a certified animal control officer pursuant to the above statute for a period of three years before January 17, 1987.
DOG
Any dog, bitch or spayed bitch.
DOG OF LICENSING AGE
Any dog which has attained the age of seven months or which shall possess a set of permanent teeth.
KENNEL
Any establishment wherein and whereupon the business of boarding or selling or breeding dogs for sale is carried on, except a pet shop.
OWNER
When applied to proprietorship of a dog shall include every person having a right of property in that dog and every person who has that dog in his keeping, and when applied to the proprietorship of any other animal, including but not limited to a cat shall include every person having a right of property in that animal and every person who has that animal in his keeping.
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.
POUND
An establishment for the confinement of dogs or other animals seized either under the provisions of this article, applicable statute or otherwise.
SHELTER
Any establishment where dogs and other animals are received, housed and distributed.
Any person who shall own, keep or harbor a dog of licensing age shall annually apply for and procure from the Board of Health of the Borough of Hawthorne 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 license fee for each dog, irrespective of sex, shall be in the sum as provided in Chapter 220, Fees, plus such other fee as shall be fixed by statute for the licensing and registration of each dog and for each annual renewal on and after the effective date of this article. Said license registration tags and renewals shall expire on the last day of January in each year. The harboring of a dog or dogs shall be evidence of ownership for the purpose of a license or licenses herein required.
B. 
Any person required to obtain a license for a dog who fails to obtain such license within the required time shall be subject to a late fee as set forth in Chapter 220, Fees, which shall be paid to the Board of Health in addition to the regular license fee at the time that the late application is made for the license.
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," or dogs used to assist deaf persons and commonly known as "hearing ear" dogs shall be licensed and registered as other dogs hereinabove provided, except that the owner or keeper of such dog shall not be required to pay any fee therefor.
License forms and uniform official metal registration tags designed by the State Department of Health and Senior Services shall be issued and shall be numbered serially and shall bear the year of issuance and the name of the Borough of Hawthorne.
A. 
The owner of any newly acquired dog of licensing age or any dog which attains the licensing age shall make application for a license and registration tag for such dog within 10 days after such acquisition or age attainment.
B. 
Any person who shall bring or cause to be brought into the Borough of Hawthorne any dog 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 of Hawthorne for a period of more than 90 days shall immediately apply for a license and registration tag for such a dog.
C. 
Any person who shall bring or cause to be brought into the Borough of Hawthorne any unlicensed dog and shall keep the same or permit the same to be kept within the Borough of Hawthorne for a period of more than 10 days shall immediately apply for a license and registration tag for such dog.
D. 
The Board of Health of the Borough of Hawthorne shall forward to the State Department of Health and Senior Services each month, on forms furnished by the State Department, the information contained in said application.
E. 
Registration numbers shall be issued in the order of the application.
A. 
Any person who keeps or operates or proposes to establish a kennel, pet shop, shelter or a pound shall apply to the Board of Health of the Borough of Hawthorne for a license entitling him to keep or operate such establishment. Such 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 Hawthorne showing compliance with the local and state rules and regulations governing the location and sanitation at such establishment.
B. 
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 June of each year and be subject to revocation by the Borough of Hawthorne on recommendation of the State Department of Health and Senior Services or the Board of Health of the Borough of Hawthorne for failure to comply with the rules and regulations of the State Department or the Municipal Council of the Borough of Hawthorne, after the owner has been afforded a hearing by either the State Department or the Borough of Hawthorne.
C. 
The holder of a license for a kennel, pet shop, shelter or pound shall not be required to secure individual licenses for dogs owned by the licensee and kept at such establishment. The license for such establishment shall not be transferable to another owner or different premises.
D. 
The license issued to a pet shop shall be subject to review by the municipality, upon recommendation by the State Department of Health and Senior Services or the Hawthorne Board of Health, for failure by the pet shop to comply with rules and regulations promulgated by the State Department or Board of Health governing pet shops or if the pet shop meets the criteria for suspension or revocation as provided in N.J.S.A. 56:8-96, after the owner of the pet shop has been afforded a hearing pursuant to said statute. The Borough of Hawthorne, based upon the criteria for the recommendation of the local health authority provided as aforesaid, may suspend the license for 90 days or may revoke the license if it is determined at the hearing that the pet shop:
(1) 
Failed to maintain proper hygiene and exercise reasonable care in safeguarding the health of animals in its custody; or
(2) 
Sold a substantial number of animals that the pet shop knew, or reasonably should have known, to be unfit for purchase.
E. 
Every pet shop licensed hereunder shall submit annually by May 1 of each year records of the total number of cats and dogs, respectively, sold each year to the Board of Health of the Borough of Hawthorne.
F. 
The annual license fee for a kennel providing accommodation for 10 or less dogs or for more than 10 dogs shall be as provided in Chapter 220, Fees. The annual license fee for a pet shop shall be as provided in Chapter 220, Fees. No fee shall be charged for a shelter or pound.
G. 
Every kennel, pet shop, shelter or pound shall abide by all rules and regulations promulgated by the State of New Jersey, Department of Health and Senior Services, as well as any rules and regulations promulgated by the Board of Health of the Borough of Hawthorne.
The reporting officer of the Board of Health of the Borough of Hawthorne, or such person who may otherwise be designated for such purpose by the governing body, shall annually or biennially, as directed by the governing body, cause a canvass to be made of all dogs owned, kept or harbored within the limits of the Borough of Hawthorne and shall cause a report of the result thereof to be filed with the Board of Health of the Borough of Hawthorne and the State Department of Health and Senior Services, by September 1 in the year in which the census is taken, the results of the census, said report to be in the manner prescribed by statute.
A certified Animal Control Officer shall be designated by the governing body and shall have all authority authorized pursuant to applicable statute or code. Specifically, the Animal Control Officer shall:
A. 
Enforce all laws or ordinances enacted for the protection of dogs or any other animals, including but not limited to animal control, animal welfare and animal cruelty laws of the State of New Jersey or Borough of Hawthorne.
B. 
Investigate and sign complaints concerning any violation of an animal control, animal welfare or animal cruelty law of the state or any ordinance of the municipality.
C. 
Act, by virtue of appointment or employment, as an officer for the detection, apprehension and arrest of offenders against animal control, animal welfare and animal cruelty laws of the state or any ordinance of the municipality.
A. 
The Animal Control Officer or any other person appointed for such purpose shall take into custody and impound or cause to be taken into custody and impounded, and thereafter destroyed or offered for adoption as provided by law:
(1) 
Any dog off the premises of the owner or the person keeping or harboring said dog which said official or his agent has reason to believe is a stray dog.
(2) 
Any dog off the premises of the owner or 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 or other animal which is suspected to be rabid.
(5) 
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.
B. 
Any dog or animal seized or taken into custody may be offered for adoption or destroyed, following service of notice in accordance with law, if applicable, in accordance with N.J.S.A. 4:19-15.16 and any other applicable law or regulation pertaining to the same.
In addition to the foregoing provisions and regulations made and established in §§ 136-1 through 136-9, and to the extent not inconsistent with any statute governing the same, the following provisions and regulations shall be applicable to all persons owning, keeping or harboring dogs within the Borough of Hawthorne, for the violation of which latter provisions and regulations the person so offending shall be liable to the penalties hereinafter set forth:
A. 
No person shall keep, harbor or maintain any dog which habitually barks or cries between the hours of 10:00 p.m. and 6:00 a.m. or, while outdoors at any time, barks or cries in such a manner to disturb the public peace and quiet.
B. 
No person owning, keeping or harboring any dog shall suffer or permit it to run at large upon any public street or any public park or in any public building or in any public place within the Borough of Hawthorne.
C. 
No person owning, keeping or harboring any dog shall suffer or permit it to be upon a public street or in any public park or in any public building or in any public place within the Borough of Hawthorne, unless such dog is accompanied by a person competent to properly manage and control the actions of said dog and is securely confined and controlled by an adequate leash not more than six feet long.
D. 
No person owning, keeping or harboring a dog shall permit or suffer it to do any injury or damage to any lawn, shrubbery, flowers, grounds or property of any other person.
E. 
Anything in this section to the contrary notwithstanding, no dog shall be allowed in any place at any time where food is manufactured, prepared, handled, stored or sold.
F. 
No more than a total of four dogs of licensing age shall be owned, kept, harbored or maintained by any person, or persons residing in the same household.
G. 
Any food intended or suitable for consumption by a dog placed in any location out of doors shall be removed by the person or persons placing such food not later than two hours after such placement, and in no event shall such food be allowed to remain out of doors more than 30 minutes after sunset and before sunrise.
A. 
As used in this section, the following terms shall have the meanings indicated:
POTENTIALLY DANGEROUS DOG
Any dog or dog hybrid declared potentially dangerous by a Municipal Court in accordance with N.J.S.A. 4:19-23.
VICIOUS DOG
Any dog or dog hybrid declared vicious by a Municipal Court pursuant to N.J.S.A. 4:19-23.
B. 
Seizure and impoundment.
(1) 
An Animal Control Officer shall seize and impound a dog where the officer has reasonable cause to believe that the dog:
(a) 
Attacked a person and caused death or serious bodily injury as defined in N.J.S.A. 2C:11-1(b);
(b) 
Caused bodily injury, as defined in N.J.S.A. 2C:11-1(a), to a person during an unprovoked attack and poses a serious threat of harm to persons or domestic animals;
(c) 
Engaged in dog-fighting activities as defined by applicable law;
(d) 
Has been trained, tormented, badgered, baited or encouraged to engage in unprovoked attacks upon persons or domestic animals.
(2) 
The dog shall be impounded until the final disposition as to whether or not the dog is vicious or potentially dangerous. Subject to the approval of the Municipal Health Officer, the dog may be impounded in a facility or other structure agreeable to the owner.
C. 
The Animal Control Officer shall notify the Municipal Court and the Health Officer immediately that he has seized and impounded a dog in accordance with statute and take all steps required by law to determine the owner and serve notice as required.
D. 
The Municipal Court shall conduct a hearing as required by law so as to determine whether or not a dog is a vicious dog or a potentially dangerous dog and shall declare it such, upon a showing by clear and convincing evidence, in accordance with statute.
E. 
If the Court declares a dog to be vicious, and no appeal is taken, the dog shall be destroyed in a humane and expeditious manner, except that no dog may be destroyed during the pendency of any appeal. If the Court declares a dog to be potentially dangerous, it shall issue and order and compliance protocol in accordance with N.J.S.A. 4:19-24. The owner of a dog declared to be potentially dangerous shall forthwith apply to the Board of Health for a license in accordance with the order and compliance protocol.
F. 
In addition to any fee applicable to licensing of a dog in accordance with Chapter 220, Fees, the owner of a potentially dangerous dog shall pay to the Borough the sum of $500 for a potentially dangerous dog license and pay an additional $500, plus the cost applicable to a license for any other dog, annually at time of license renewal.
Except as provided in N.J.S.A. 4:19-15.19, any person violating any of the provisions of this article shall be liable to a fine, on conviction thereof, not to exceed $2,000 or imprisonment for a term not to exceed 90 days or a requirement to perform community service for a period not to exceed 90 days.