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.
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.
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.
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.
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.