As used in this article, the following terms shall have the
meanings indicated:
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.
Any dog, bitch or spayed bitch.
Any dog which has attained the age of seven months or which
shall possess a set of permanent teeth.
Any establishment wherein and whereupon the business of boarding
or selling or breeding dogs for sale is carried on, except a pet shop.
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.
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.
An establishment for the confinement of dogs or other animals
seized either under the provisions of this article, applicable statute
or otherwise.
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:
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.
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.
POTENTIALLY DANGEROUS DOG
VICIOUS DOG
As used in this section, the following terms shall have the meanings
indicated:
Any dog or dog hybrid declared potentially dangerous by a
Municipal Court in accordance with N.J.S.A. 4:19-23.
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.
