Chapter 35 Dogs and Cats

The words "and" and "or" may be used interchangeably, and either of the two may be applicable, whichever is more conclusive towards the effectuating of this chapter.

Personal pronouns shall mean either the singular or the plural, whichever is applicable and conducive towards the effectuating of this chapter.

§ 35-3 Time for application for license and tag.

The masculine, feminine or the neuter gender shall be implied, whichever is appropriate and conducive for the effectuating of this chapter.

§ 35-2 License required.

[Amended 11-5-2008 by Ord. No. 12-2008]

No person shall keep or harbor any dog or cat within the Borough of Washington, in the County of Warren, without first obtaining a license therefor, to be issued by the Clerk of the Borough upon application by the owner and payment of the prescribed fee, and no person shall keep or harbor any dog or cat in said Borough except in compliance with the provisions of this chapter.

[Amended 11-6-2006 by Ord. No. 18-2006]

Any person who shall own, keep or harbor a dog or cat of licensing age shall, in the month of May 2007 and annually thereafter, apply for and procure from the Clerk of the Borough a license and official registration tag for each dog or cat so owned, kept or harbored and shall place upon each such dog or cat a collar or harness with the registration tag securely fastened thereto.

§ 35-4 Licensing fees; proof of sterilization and rabies inoculation; exception; penalty for late payment.

[Amended 12-18-1951; 8-16-1966; 10-23-1979 by Ord. No. 25-79; 10-13-1981 by Ord. No. 18-81; 11-22-1983 by Ord. No. 33-83; 7-7-1987 by Ord. No. 19-87; 11-6-2006 by Ord. No. 18-2006; 11-5-2008 by Ord. No. 12-2008; 10-17-2017 by Ord. No. 2017-17; 5-1-2018 by Ord. No. 2018-08; 12-18-2018 by Ord. No. 2018-25]

The person applying for the license and registration tag shall pay a fee or fees which shall be in accordance with P.L. 1983, c. 181, also known as "A-1472," signed into law by the Governor on May 10, 1983, and in compliance with P.L. 1983, c. 172, also known as "A-1917," or any laws supplementary or amendatory thereto, as follows:

Dog, neutered: $15.

Dog, unneutered: $20

Cat, neutered: $10.

Cat, unneutered fee: $15.

(5)

Dog, found to be potentially dangerous pursuant to N.J.S.A. 4:19-23, as amended: $500.

Effective immediately upon adoption hereof, when applying for renewal of the dog or cat license or applying for the licensing of a new dog or cat, the owner thereof must provide proof of sterilization of the dog or cat, along with proof of valid rabies inoculation. Said proof of sterilization may be by affidavit, in lieu of certificate of a veterinarian as proof of sterilization, or by certificate of a licensed veterinarian; however, said proof of inoculation for rabies shall be provided by a certified veterinarian licensed to do business in the State of New Jersey.

Dogs used as guides for blind persons and commonly known as "Seeing Eye" dogs shall be licensed and registered as other dogs hereinabove provided for, except that the owner or keeper of such dog shall not be required to pay any fee therefor.

The licensing term is to begin each calendar year in the month of January and is due by the last day of June.

License renewal term: January 1 through January 31 each calendar year. Any person who violates or who fails or refuses to comply with § 35-4D of this chapter shall be liable to a late charge fee of $5 per month per animal in addition to being required to obtain a registration tag and license for said dog or cat beginning on February 1 of each calendar year.

Limitation of licenses. No person or household shall own or harbor more than six dogs or cats of six months of age or older or more than one litter of pups or kittens or combination thereof. Those persons who currently own or harbor more than six dogs or cats, or any combination thereof, properly licensed and registered at the time of passage of this subsection shall be permitted to continue to harbor, own, and license said animals until such time as the animals have died or been sold, transferred, or otherwise conveyed to another person and/or household. Any person newly acquiring or conveying more than six dogs or cats of six months of age or older or more than one litter of pups or kittens, or combination thereof, after the passage of this subsection shall be subject to any and all fines and penalties provided for in § 35-23 of this chapter.

§ 35-5 Licensing newly acquired dogs or cats.

[Amended 11-6-2006 by Ord. No. 18-2006]

The owner of any newly acquired dog or cat of licensing age or of any dog or cat which attains licensing age shall make application for a license and registration tag for such dog or cat within 10 days after such acquisition or age attainment.

§ 35-6 Application information.

[Amended 11-6-2006 by Ord. No. 18-2006]

The application shall state the breed, sex, age, color and markings of the dog or cat for which license and registration are sought and whether it is of a long- or short-haired variety; also, the name, street and post office address of the owner and the person who shall keep or harbor such dog or cat. The information on said application and the registration number issued for the dog or cat shall be preserved for a period of three years by the Clerk of the Borough. In addition, he shall forward the information to the State Department of Health each month, on forms furnished by the said Department. Registration numbers shall be issued in the order of the applications.

§ 35-7 Licensing of dogs or cats brought into Borough.

[Amended 1-8-1974 by Ord. No. 34-73; 11-6-2006 by Ord. No. 18-2006; 11-5-2008 by Ord. No. 12-2008]

Any person who shall bring or cause to be brought into the Borough of Washington, in the County of Warren, any dog or cat 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 Borough for a period of more than 90 days shall immediately apply for a license and registration tag for each such dog or cat.

Any person who shall bring or cause to be brought into the Borough any unlicensed dog or cat and who shall keep the same or permit the same to be kept within the Borough for a period of more than 10 days shall immediately apply for a license and registration tag for each such dog.

Fees for dogs or cats brought into the Borough shall be prorated on a monthly basis for the unexpired portion of the license period.

§ 35-8 Unauthorized removal or attachment of registration tags.

[Amended 11-6-2006 by Ord. No. 18-2006]

No person, except an officer in the performance of his duties, shall remove a registration tag from the collar of any dog or cat without the consent of the owner, nor shall any person attach a registration tag to a dog or cat for which it was not issued.[1]

[1]

Editor's Note: Original Sections 9 and 10, regulating kennels and pet shops, which immediately followed this section, were repealed 1-8-1974 by Ord. No. 34-73.

§ 35-9 Dogs in kennels, pet shops, shelters or pounds.

[Amended 11-6-2006 by Ord. No. 18-2006]

No dog or cat kept in kennel, pet shop, shelter or pound shall be permitted off such premises except on a leash or in a crate or other safe control.

§ 35-9.1 License for kennel, pet shop, shelter or pound.

[Added 12-21-1999 by Ord. No. 10-99; amended 11-6-2006 by Ord. No. 18-2006]

Any person who keeps or operates or proposes to establish a kennel, pet shop, a shelter or a pound shall apply to the Clerk for a license entitling him or her to keep or operate such establishment.

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 be accompanied by the written approval of the Zoning Officer and County of Warren Health Department showing compliance with the local and state rules and regulations governing location of and sanitation at such establishments.

All licenses issued for kennel, pet shop, shelter or pound shall state the purposes 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 municipality on recommendation of the State Department of Health or the local Board of Health for failure to comply with the rules and regulations of the state department or local board governing the same after the owner has been afforded a hearing by either the state department or local board.

Any person holding such license shall not be required to secure individual licenses for dog or cats owned by such licensee and kept at such establishments; such licenses shall not be transferable to another owner or different premises.

§ 35-9.2 License fees for kennels and pet shops; no fee for shelter or pound.

[Added 12-21-1999 by Ord. No. 10-99; amended 11-6-2006 by Ord. No. 18-2006]

The annual license fee for a kennel providing accommodations for 10 or fewer dogs or cats shall be $10, and for more than 10 dogs or cats, $25. The annual license fee for a pet shop shall be $10. No fee shall be charged for a shelter or pound.

§ 35-10 Disposition of fees.

[Amended 1-8-1974 by Ord. No. 34-73; 11-22-1983 by Ord. No. 33-83; 11-6-2006 by Ord. No. 18-2006]

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 Borough within 30 days after collection or receipt and shall be placed in a special account separate from any of the other accounts of the Borough and shall be used for the following purposes only:

For collecting, keeping and disposing of dogs or cats liable to seizure under this chapter.

[Amended 11-5-2008 by Ord. No. 12-2008]

For local prevention and control of rabies.

§ 35-14 Seizure and impoundment; disposition.

For providing antirabic treatment under the direction of the local Board of Health for any person known or suspected to have been exposed to rabies.

(4)

For all other purposes prescribed by the statutes of New Jersey governing the subject.

(5)

For administering the provisions of this chapter.

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 said 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 Borough any amount then in such account which is in excess of the total amount paid into said special account during the last two fiscal years preceding.

The registration tag fee for each dog or cat, and the date within which it must be collected and to whom paid, shall be in accordance with P.L. 1983, c. 181, also known as "A-1472," signed into law by the Governor on May 10, 1983, and in compliance with P.L. 1983, c. 172, also known as "A-1917," or any laws supplementary or amendatory thereto.

§ 35-11 List of licenses.

The Clerk of the Borough 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 licenses issued.

§ 35-12 Canvass of all dogs and cats.

[Amended 7-7-1987 by Ord. No. 19-87; 11-5-2008 by Ord. No. 12-2008]

The Poundkeeper of the Borough shall, promptly after February 1 and before September 1 of any given year, cause a canvass to be made of all dogs and cats owned, kept or harbored within the limits of the Borough and shall report the results thereof to the Clerk of the Borough and to the State Department of Health and the Board of Health of the Borough, setting forth in separate columns the names and addresses of persons owning, keeping or harboring such dogs and/or cats, the number of licensed dogs and/or cats owned, kept or harbored by each of said persons, together with the registration number of each of said dogs and/or cats, and the number of unlicensed dogs and/or cats owned, kept or harbored by each of said persons, together with a complete description of each of said unlicensed dogs and/or cats.

§ 35-13 Poundkeeper.

[Amended 3-8-1983 by Ord. No. 5-83; 7-7-1987 by Ord. No. 19-87; 11-5-2008 by Ord. No. 12-2008]

The Borough Manager shall have the power to appoint an Animal Control Officer who shall serve as Poundkeeper and whose duty shall be to enforce the provisions of this chapter. The Borough shall also have the power to appoint one or more persons, to be known as "Assistant Animal Control Officers," who may impound unlicensed dogs or cats or any dogs running at large in violation of this chapter and perform such other duties as may be prescribed by law.

Nothing contained in this section shall be construed as limiting the authority of the Health Officer or Chief of Police or members of the Police Department to enforce the provisions of this chapter when, in the interest of health and safety, they deem it necessary.

[Amended 10-23-1979 by Ord. No. 26-79; 7-7-1987 by Ord. No. 19-87; 9-3-1991 by Ord. No. 22-91; 11-5-2008 by Ord. No. 12-2008]

The Poundkeeper of the Borough 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 section:

Any dog or cat off the premises of the owner or of the person keeping or harboring said dog which said official or his agent or agents have reason to believe is a stray or abandoned dog or cat.

Any dog or cat off the premises of the owner or of the person keeping or harboring said dog or cat without a current registration tag on his collar.

§ 35-15 Entry upon premises for seizure.

Any female dog in season off the premises of the owner or of the person keeping or harboring said dog.

(4)

Any dog, cat or other animal which is suspected to be rabid.

(5)

Any dog, cat 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. After observation, any animal seized under this section suspected of being rabid shall be immediately reported to the executive officer of the local Board of Health and to the State Department of Health.

If any dog or cat so seized wears a collar or harness having inscribed thereon or attached thereto the name and address of any person or a registration tag, or the owner or the person keeping or harboring said dog or cat is known, the Poundkeeper shall forthwith serve on the person whose address is given on the collar, or on the owner or the person keeping or harboring said dog or cat, if known, a notice in writing stating that the dog or cat 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.

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 by forwarding it by post 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.

Whenever a dog or cat so seized has been detained for seven days after notice when notice can be given as above set forth or has been detained for seven days after seizure when notice has not been and cannot be given as above set forth, and if the owner or persons keeping or harboring said dog or cat has not claimed said dog or cat and paid all expenses incurred by reason of detention, including maintenance and any costs associated with the apprehension of the animal, and if the dog or cat is unlicensed at the time of the seizure and the owner or person keeping or harboring said dog or cat has not produced a license and registration tag for said dog or cat, the Poundkeeper may cause the dog or cat to be destroyed in a manner consistent with state laws and regulations.

Reclaiming an impounded dog or cat. Owners reclaiming their dog or cat shall be liable to the Borough of Washington for maintenance fees of $4 per day, in addition to which such owner shall be liable to the Borough of Washington for costs incurred by the Borough for the round-trip transportation of said dog or cat to the impoundment facility. Such costs shall be at the rate of $0.26 per mile.

[Amended 11-5-2008 by Ord. No. 12-2008]

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 animal which he may lawfully seize and impound when such officer is in immediate pursuit of such animal, except upon the premises of the owner of the animal if said owner is present and forbids the same.

§ 35-16 Hindrance or interference with authorized persons.

No person shall hinder, molest or interfere with anyone authorized or empowered to perform any duty under this chapter.

§ 35-17 Loud barking, crying or whining.

[Amended 10-6-1959]

No person owning, keeping or harboring a dog on the premises shall at any time suffer or permit such dog to indulge in loud, disturbing, continuous or repetitious barking, crying or whining so as to disturb the health, comfort, sleep or peace of human beings at any time or to unduly annoy the neighborhood or constitute a nuisance therein.

§ 35-18 Running at large.

[Amended 9-6-1994 by Ord. No. 14-94]

No person owning, keeping or harboring any dog shall suffer or permit it to run at large upon the public streets or in any public park or in any public building or in any other public place within the Borough of Washington, in the County of Warren. No person owning, keeping, harboring or having charge of any dog shall suffer or permit it to run at large upon the lands or premises of any person, other than the person owning, keeping, maintaining, harboring or having charge of such dog, without the consent of the owner or lessee of such private lands and premises.

§ 35-19 Leashing.

No person owning, keeping or harboring any dog shall suffer or permit it to be upon the public streets or in any of the public places of the Borough of Washington unless such dog is accompanied by a person over the age of 12 years and is securely confined and controlled by an adequate leash not more than six feet long.

§ 35-20 Cruelty and abandonment. [1]

[Added 9-6-1994 by Ord. No. 14-94; 11-5-2008 by Ord. No. 12-2008]

No person shall be cruel or inhumane to a dog or cat, said cruelty and inhumanity consisting of beating, torturing, mutilating, cruelly killing or failing to provide food, water and shelter for the dog or cat. Any outdoor shelter for a dog shall be raised at least three inches off the ground, with a sturdy floor and be large enough to allow the dog to stand, turn around and recline. Any such outdoor dog shelter shall be constructed so as to keep the dog dry and contain bedding to afford some warmth for the dog in cold weather. If any dog is chained or tethered, such tether shall be at least eight feet long.

No person shall abandon a dog or cat of which he or she has charge, either as owner or otherwise.

[1]

Editor's Note: Former § 35-20, Muzzling, was repealed 3-8-1983 by Ord. No. 4-83.

§ 35-21 Damage to property.

No person owning, keeping or harboring a dog shall permit or suffer it to do any injury or to do any damage to any lawn, shrubbery, flowers, grounds or property.

§ 35-22 Vicious dogs.

[Amended 1-8-1974 by Ord. No. 34-73]

Any dog which has attacked or bitten any human being or which habitually attacks other dogs or domestic animals is hereby defined to be a "vicious dog," for the purposes of this section. It shall be the duty of the Chief or Acting Chief of the Police Department to receive and investigate complaints against dogs, and when any dog complained against shall be deemed by such Chief or Acting Chief of the Police Department to be a vicious dog, as herein defined, said officer shall report the facts to the Judge of the Borough of Washington, who shall thereupon cause the owner or person harboring such dog to be notified in writing of the complaint against such dog and to appear before said Judge at a stated time and place. The Judge, at the time set for such hearing, shall inquire into the facts and give all interested persons an opportunity to be heard, under oath, and to be represented by counsel, and the Judge shall decide in accordance with the evidence before him, and if the Judge shall decide such dog complained of is a vicious dog, as defined by this section, notice of such decision shall be given to the owner or person harboring such dog. No dog which has been so determined to be a vicious dog shall be permitted to run at large or be upon any street or public place in the Borough of Washington except while securely muzzled and under leash, as provided in this chapter, and the owner or person harboring any such vicious dog who shall suffer or permit such dog to run at large or be upon any street or public place in said Borough while not securely muzzled and under leash shall be guilty of a violation of this chapter.

§ 35-22.1 Curbing of dogs.

[Added 9-2-1986 by Ord. No. 16-86]

Nuisances prohibited; curbing of dogs; responsibility of owner.

No person, agency or institution owning, harboring, keeping or in charge of any dog shall cause, suffer or allow such dog to soil, defile, defecate upon or commit any nuisance upon any private property whatsoever, except with the express authority or permission of the owner of said property.

(a)

Municipal Building, Block 29, Lot 11.

(b)

Borough Park, Block 93, Lot 1.

(c)

Public Library, Block 18, Lot 8.

§ 35-22.2 Feeding of cats and dogs outside of primary structures.

Any person who curbs his dog anywhere in the Borough, except on his or her property, shall observe the following conditions:

(a)

The person who so curbs such dog shall immediately remove all feces deposited by such dog by a sanitary method approved by the local health authority.

(b)

The feces removed shall be disposed of by the person owning, harboring, keeping or in charge of any dog curbed in accordance with the provisions of this section in a sanitary manner or on said person's own property.

The provision of this section shall not apply to a Seeing Eye dog which is accompanied by a blind person.

Any person who shall violate any provision of this section shall be subject to a fine of not less than $50 nor greater than $100 for each offense.

[Added 5-1-2018 by Ord. No. 2018-08]

Purpose. The purpose of this section is to protect the health, safety and welfare of all those frequenting this municipality by preventing the needless health hazards and nuisances caused the outdoor feeding of cats and dogs, including but not limited to: the spread of feral dog and cat feces upon public and private property located within the Borough, the spread of rabies among feral dogs and cats permitted to roam at large, and the attraction of nuisance animals, such as raccoons, skunks, and possums, as well as dangerous predators, such as coyotes and black bears.

Feeding of cats and dogs outside of primary structures prohibited; responsibility of owner.

No person, agency or institution shall at any time cause, suffer or allow any person, agency, or institution to make food available for the purposes of feeding dogs or cats in any location other than the primary structure located on the property owned or leased by the person, agency, or institution thereon.

No person, agency or institution shall at any time cause, suffer or allow any person, agency, or institution to make food available for the purposes of feeding dogs or cats in any location on any property not owned or leased by the person, agency, or institution thereon.