[HISTORY: Adopted by the City Council of the City of Hoboken 1-7-1959.[1] Amendments noted where applicable.]
[1]
Editor's Note: The provisions of this chapter are derived
from former Chapter 12 of the General Ordinances of the City of Hoboken,
New Jersey, adopted 1-17-1959 by Ord. No. 123.
As used in this chapter, the following terms shall have the
meanings indicated:
A Sanitary Inspector First Grade or a Public Health Nuisance
Investigator of the Hoboken Board of Health.
[Added 5-15-1996 by Ord. No. R-186]
Any dog, bitch or spayed bitch.
Any dog which has attained the age of seven months or which
possesses a set of permanent teeth.
Any dog certified to serve and aid those members of our nation
who suffer from a verified disability and are at the time serving
or aiding a person with a verified disability.
[Added 10-18-2000 by Ord. No. R-463]
The legally designated Health Officer of the City of Hoboken
or his authorized representative.
[Added 5-15-1996 by Ord. No. R-186]
Any establishment wherein or whereon the business of boarding
or selling dogs or breeding dogs for sale is carried on, except a
pet shop.
Any pet shop wherein dogs or cats for sale are kept or displayed or any kennel where the business of boarding, selling or breeding dogs for sale is carried on or any pet shop operator in the City of Hoboken prior to the effective date of this amendment. A legally existing nonconforming use does not include any pet shop, pet shop operator or kennel whose license issued in accordance with § 93-7 is subsequently revoked.
[Added 5-1-2013 by Ord. No. Z-238]
Includes every person having a right of property in such
dog and every person who has such dog in his keeping.
Any room or group of rooms wherein dogs, cats or other animals
are washed, cleaned or groomed.
[Added 9-7-1994 by Ord. No. R-73]
Any room or group of rooms, cage or exhibition pen, not part
of a kennel, wherein dogs, cats, birds, fish, reptiles, lawful wildlife,
rodents or insects for sale are kept or displayed.
[Added 9-7-1994 by Ord. No. R-73]
A person who owns and/or operates a pet shop.
[Added 5-1-2013 by Ord. No. Z-238]
An establishment for the confinement of dogs seized either
under the provisions of this chapter or otherwise.
Directive of the Health Officer.
[Added 5-15-1996 by Ord. No. R-186]
Any establishment where dogs are received, housed and distributed
without charge.
[Amended 10-18-2000 by Ord. No. R-463]
A.
It shall be a violation of this chapter for any person who:
(1)
Owns, keeps or harbors any dog of licensing age within the City;
and
(2)
Fails to obtain, in the first instance for each registered dog, annually
and thereafter for three-year periods for each registered dog, in
the month of May, a licensing tag for each dog so owned, kept or harbored;
and
[Amended 3-16-2016 by Ord. No. Z-406]
(3)
Fails to securely place upon such dog a dog collar or harness with
said licensing tag affixed thereto.
B.
It shall be a violation of this chapter for the owner of any newly
acquired dog of licensing age, or any dog which attains licensing
age, to not make application for a licensing tag for such dog within
10 days after such dog becomes of licensing age.
[Amended 9-21-1966 by Ord. No. 276; 5-15-1996 by Ord. No. R-186; 10-18-2000 by Ord. No. R-463; 3-17-2010 by Ord. No. Z-31]
A.
Any person applying for the licensing tag pursuant to § 93-2, shall pay a fee of:
[Amended 3-16-2016 by Ord. No. Z-406]
B.
All licenses, licensing tags, and renewals shall expire on the last
day of May in each year.
[Amended 3-16-2016 by Ord. No. Z-406]
C.
The City shall assess a late fee of $10 for each dog license renewal
application filed after the license has expired.
The application shall state the breed, sex, age, color and markings
of the dog for which license and registration are sought and whether
it is of a long- or short-haired variety, and also the name, street
and post office address of the owner and the person who shall keep
or harbor such dog. The information on the application and the registration
number issued for the dog shall be preserved for a period of three
years by the Board of Health, which shall forward similar information
to the State Department of Health each month on forms furnished by
the Department. Registration numbers shall be issued in the order
of the application.
A.
Any person who shall bring or cause to be brought into the City any dog licensed in another state for the current year and bearing a registration tag and who shall keep the same or permit the same to be kept within the City for a period of 10 days shall, within five days after the expiration of the period, apply for a license and official metal registration tag, as described in § 93-2, for such dog, unless such dog is licensed under § 93-7.
[Amended 9-7-1994 by Ord. No. R-73]
B.
Any person who shall bring or cause to be brought into the City any unlicensed dog and shall keep the same or permit the same to be kept within the City for a period of more than 10 days shall immediately apply for a license and registration tag for such dog, unless such dog is licensed under § 93-7.
[Amended 5-15-1996 by Ord. No. R-186; 10-18-2000 by Ord. No. R-463]
It shall be a violation of this chapter for any person, except
a police officer or an animal control officer within the performance
of their duties, to:
A.
Any person who keeps or operates or proposes to establish a kennel,
a pet shop, a shelter or a pound shall apply to the Board of Health
for a license entitling him to keep or operate such establishment,
on an application form furnished by the Clerk of the Board.
B.
The application shall describe the premises where the establishment
is located or is proposed to be located, the purpose or purposes for
which it is to be maintained and shall show compliance with the local
and state rules and regulations governing location and sanitation
of such establishments.
C.
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 on recommendation of the State Department
of Health or the Board of Health for failure to comply with the rules
and regulations of the State Department of Health or the Board of
Health.
[Amended 5-15-1996 by Ord. No. R-186]
D.
Any person holding such license shall not be required to secure individual
licenses for dogs owned by such licensee and kept at such establishments.
Such licenses shall not be transferable to another owner or different
premises.
E.
The annual license fee for a kennel providing accommodations for
10 or fewer dogs shall be $150, and for more than 10 dogs, $300. The
annual license fee for a pet shop shall be $25. No fee shall be charged
for a shelter or pound.
[Amended 5-15-1996 by Ord. No. R-186; 12-7-2005 by Ord. No. DR-218]
F.
No dog kept in a kennel, pet shop, shelter or pound shall be permitted
off such premises, except on a leash or in a crate or other safe control.
A.
All license fees and other moneys collected or received under the
provisions of this chapter, except registration tag fees, shall be
forwarded to the Treasurer of the City within 30 days after collection
or receipt and shall be placed in a special account separate from
any of the other accounts of the City and which shall be used for
the following purposes only:
(1)
Collecting, keeping and disposing of dogs liable to seizure under
this chapter or under provisions of N.J.S.A. 4:19-15.2 to 19-17.29;
(2)
Local prevention and control of rabies; and/or
(3)
Providing antirabic treatment under the direction of the Board of
Health for any person known or suspected to have been exposed to rabies.
[Amended 10-18-2000 by Ord. No. R-463]
B.
Any unexpended balance remaining in such special account shall be
retained therein until the end of the third fiscal year following
and may be used for any of the purposes set forth in this section.
At the end of the third fiscal year following, and at the end of each
fiscal year thereafter, there shall be transferred from such special
account to the general funds of the City any amount then in such account
which is in excess of the total amount paid into the special account
during the last two fiscal years next preceding.
C.
Portions of the tag fees for each dog shall be forwarded within 30
days after collection by the Board of Health of the City of Hoboken
to the State Department of Health pursuant to the requirements of
the law as follows: registration fee of $1; pilot clinic fund fee
of $0.20; animal population control fee of $3 for any dog that is
not spayed.
[Amended 9-21-1996 by Ord. No. 276; 5-15-1996 by Ord. No. R-186]
The Board of Health shall forward to the State Department of
Health a list of all kennels, pet shops, shelters and pounds licensed,
within 30 days after the licenses therefor are issued, which list
shall include the name and address of the licensee and the kind of
license issued.
[Amended 2-20-2019 by Ord. No. B-110]
The Director of Health and Human Services or his or her designee,
which includes but is not limited to the Health Officer, may implement
a census as deemed necessary or appropriate to cause a canvass to
be made of all dogs owned, kept or harbored within the limits of the
City and shall report to the Board of Health and to the State Department
of Health the result thereof, setting forth in separate columns the
names and addresses of persons owning, keeping or harboring such dogs,
the number of licensed dogs owned, kept or harbored by each of the
persons, together with the registration numbers of each of the dogs,
and the number of unlicensed dogs owned, kept or harbored by each
of the persons, together with a complete description of each of the
unlicensed dogs. This dog census is no longer mandated as per the
New Jersey Department of Health.
[Amended 9-7-1994 by Ord. No. R-73; 5-15-1996 by Ord. No. R-186; 10-18-2000 by Ord. No. R-463]
A.
The Health Officer, his authorized agent or any police officer 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
chapter any of the following animals:
(2)
Any unlicensed dog unless exempted by any provision of this chapter;
(3)
Any dog not controlled by an adequate leash, which shall not exceed
more than six feet in length, by the owner or person in charge of
said dog;
(4)
Any animal being cruelly or inhumanely treated; or
(5)
Any animal maintained or kept in an unsanitary condition or surrounding.
B.
The Health Officer is hereby empowered to order the impoundment of
any animal which in his discretion is a detriment or a menace to the
inhabitants of this municipality or the general public.
A.
If any dog seized as aforedescribed wears a collar or harness having
inscribed thereon or attached thereto the name and address of any
person, or having a registration tag, or if the owner or the person
keeping or harboring the dog is otherwise known, the Board of Health
shall forthwith serve on such person a notice, in writing, stating
that the dog has been seized and will be liable to be disposed of
or destroyed if not claimed within seven days after the service of
the notice.
B.
A notice under this section may be served either by delivering it
to the person on whom it is to be 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 harness, or by forwarding it by United States
Mail 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 or
harness.
C.
When any dog so seized has been retained for seven days after notice,
when notice can be given as above set forth, or has been detained
for seven days after seizure, when no notice can be given as above
set forth, and the owner or person keeping or harboring the dog has
not claimed the dog and paid all expenses incurred by reason of its
detention, including maintenance, or if the dog is licensed at the
time of the seizure and the owner or person keeping or harboring the
dog has not procured a license and registration tag for the dog, the
Board of Health may cause the dog to be destroyed in a manner causing
it as little pain as possible.
[Amended 5-15-1996 by Ord. No. R-186]
Any officer or agent authorized or empowered to perform any
duty under this chapter is hereby authorized to go upon any premises
to seize, for impounding, any dog which he may lawfully seize and
impound when such officer or agent is in immediate pursuit of such
dog, except upon the premises of the owner of the dog, if the 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 chapter.
[Added 5-1-2013 by Ord. No. Z-238]
No pet shop or pet shop operator shall sell, offer for sale,
barter, auction, breed or otherwise improperly dispose of cats or
dogs, or both, in the City of Hoboken. This section shall not apply
to legally existing nonconforming uses or to the adoption of cats
or dogs, or both. Nothing contained herein shall prohibit a shelter,
pound or other establishment from keeping, displaying, selling or
otherwise transferring any cat or dog, or both, that has been seized,
rescued or donated.
[1]
Editor's Note: Former § 93-15, Defecation and Urination,
previously codified herein, was repealed by Ord. No. R-463.
[Added 4-20-1983 by Ord. No. C-256; amended 9-21-1983 by Ord. No.
C-263; 9-7-1994 by Ord. No. R-73; 10-18-2000 by Ord. No. R-463]
No person shall suffer or permit any animal which such person
owns or controls to soil, urinate, defecate or deposit any droppings
or fecal matter on any public sidewalk or area adjacent thereto, or
upon any public grounds or parks, unless such person shall make a
reasonable effort to clean such droppings, urination and fecal matter
in good faith and within a reasonable time so as to prevent such soiling
action, which soiling action is declared to be a public nuisance detrimental
to public health. It shall not be deemed a violation of this section
if the offense is committed by a Guide dog.
[Amended 9-7-1994 by Ord. No. R-73; 5-15-1996 by Ord. No. R-186; 10-18-2000 by Ord. No. R-463; 6-20-2007 by Ord. No. DR-318]
A.
Any person who shall violate any provision of this chapter shall,
upon conviction, be punished by:
B.
Each day's failure to comply with any provision, rule or order, except violations of § 93-16, shall constitute a separate and distinct offense.
C.
Each violation of § 93-16, regardless of the number of violations in any given day, shall constitute a separate and distinct offense.
D.
The names of those individuals convicted of violating § 93-16 shall be publicized by prominently placing their names, along with the date and location of the violation, and any other information deemed relevant by the City, on the website operated by the City of Hoboken, www.hobokennj.org, for a period of not less than two months following the date of conviction. This provision does not preclude the City from taking other steps as necessary to increase public awareness of violations of § 93-16.
E.
Any person who is convicted of violating any provision of Chapter 93 of the Code of the City of Hoboken, within one year of the date of a previous violation of that same provision, and who was fined for the previous violation, shall be sentenced to an additional fine as a repeat offender. The additional fine imposed by the court upon a person for a repeated offense shall not be less than the minimum nor shall it exceed the maximum fine fixed for a violation of the chapter, but shall be calculated separately from the fine imposed for the violation of the chapter, as provided for by N.J.S.A. 40:69A-29.
[Amended 10-4-1989 by Ord. No. P-74; 9-7-1994 by Ord. No. R-73]
Any public health official, sanitation official, parks or recreation
employee or police officer is hereby authorized to enforce sections
of this chapter except those which require the action of the Health
Officer.
[Added 9-7-1994 by Ord. No. R-73; amended 5-15-1996 by Ord. No.
R-186]
No person shall own, keep or maintain any dog which habitually
barks or cries. The habitual barking or crying of any dog or pet shall
be deemed a nuisance.
[Added 9-7-1994 by Ord. No. R-73; amended 5-15-1996 by Ord. No.
R-186; 10-18-2000 by Ord. No. R-463; 12-6-2000 by Ord. No. R-469]
A.
No person owning, keeping or harboring a dog shall suffer or permit
it to be upon the sidewalk, public streets, City parks, walkways,
public building or public place, within the City of Hoboken, unless
the dog is accompanied by its owner or keeper and is safely confined
and controlled by an adequate leash not more than six feet long, except
if the dog is in a City dog run.
B.
Dogs shall be permitted only upon the paved areas of the Designated
Waterfront Walkway, so long as the dog is safely confined and controlled
by an adequate leash of no more than six feet long. No dog shall be
permitted on any grass, gravel or other unpaved area of the Designated
Waterfront Walkway.
C.
No violation of this section shall exist for any Guide dog.
[Added 9-7-1994 by Ord. No. R-73]
No person owning, keeping or harboring a dog shall permit or
suffer it to do any injury or to do any damage to any property, public
or private, including any lawn, shrubbery or flowers.
[Added 9-7-1994 by Ord. No. R-73; amended 5-15-1996 by Ord. No.
R-186]
No dogs or other animals, leashed or unleashed, are permitted
in any public park or playground except for the bringing of said dog
directly to and directly from a City dog run, without diversion, in
any public park.
[Added 9-7-1994 by Ord. No. R-73]
The Health Officer is hereby empowered to promulgate orders
or rules for the purposes of ensuring the health and well-being of
the inhabitants of the City of Hoboken under this chapter.
[Added 9-7-1994 by Ord. No. R-73; amended 5-15-1996 by Ord. No.
R-186]
A.
Any person affected by any rule or order which has been issued in
connection with the enforcement of any provision of this chapter,
or of any rule or regulation adopted thereto, may request and shall
be granted a hearing on the matters before the Health Officer, provided
that such person shall file in the office of the Health Officer a
written petition requesting and setting forth a brief statement of
the grounds therefor within 10 days after the day that notice was
served. Upon receipt of such petition, the Health Officer shall set
a time and place for such hearing and shall give the petitioner written
notice thereof. At such hearing the petitioner shall be given an opportunity
to be heard and to show why such notice should be modified or withdrawn.
The hearing shall be commenced not later than 10 days after the day
on which the petition was filed, provided that, upon application of
the petitioner, the Health Officer may postpone the date of hearing
for reasonable time beyond such ten-day period, if in his judgement
the petitioner has submitted a good reason for such postponement.
B.
After such hearing, the Health Officer shall sustain, modify or withdraw
the order or rule depending upon his findings as to whether the provision
of this chapter and of the rules, orders and regulations adopted pursuant
thereto have been complied with.
[Added 5-15-1996 by Ord. No. R-186]
The Health Officer is hereby empowered to promulgate rules or orders to prevent what is or what may become injurious, a detriment, a menace, a nuisance, an annoyance, or anything that interferes with the comfort, repose, health or general well being of the inhabitants of this municipality or general public. Such rule or order shall be effective immediately and shall supersede any permit, rule or agreement both public or private. Any person or agency whether public or private who received such order shall comply with all aspects of said order or rule immediately. Any person who neglects or refuses to abide by said rule or order of the Health Officer shall face penalties pursuant to § 93-17 of this chapter.
[Added 5-15-1996 by Ord. No. R-186]
In the event that any section, subsection or any part of this
code shall be declared invalid, such decision shall not be deemed
to affect the validity of any other section, subsection, or other
part of this code.
[Added 5-15-1996 by Ord. No. R-186]
All ordinance codes or parts of same inconsistent with any provisions
of this ordinance are hereby repealed to the extent of such inconsistency.
