[HISTORY: Adopted by the Mayor and Council of the Borough
of Washington 10-21-1941. Amendments noted where applicable.]
A. Definitions. The words hereinafter defined shall have the meanings
herein indicated for the purposes of this chapter, as follows:
ANIMAL
A dog or cat, unless otherwise specified.
[Added 11-5-2008 by Ord. No. 12-2008]
ANIMAL OF LICENSING AGE
Any animal which has attained the age of seven months or
which possesses a set of permanent teeth.
[Amended 11-5-2008 by Ord. No. 12-2008]
BOROUGH
The Borough of Washington, in the County of Warren.
CAT
Any member of the domestic feline species; male, female or
neutered.
[Added 11-5-2008 by Ord. No. 12-2008]
DOG
Any member of the domestic species; male, female or neutered.
[Amended 11-5-2008 by Ord. No. 12-2008]
KENNEL
Any establishment wherein or whereon the business of boarding
or selling dogs or breeding dogs for sale is carried on, except a
pet shop.
LICENSING AUTHORITY
The Clerk of the Borough of Washington is charged with administering
the issuance and or revocation of permits and licenses under the provisions
of this chapter.
[Added 11-5-2008 by Ord. No. 12-2008]
NEUTERED
Rendered permanently incapable of reproduction, as certified
by a licensed veterinarian.
[Added 11-5-2008 by Ord. No. 12-2008]
OWNER
When applied to the proprietorship of a dog or cat, means
and includes every person having a right of property in such dog or
cat and every person who has such a dog or cat in his keeping.
[Amended 11-5-2008 by Ord. No. 12-2008]
PERSON
An individual, firm, partnership, corporation or association
of persons.
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.
[Amended 12-21-1999 by Ord. No. 10-99]
POUND
An establishment for the confinement of dogs, cats or other
animals seized either under the provisions of this chapter or otherwise.
[Amended 12-21-1999 by Ord. No. 10-99; 11-5-2008 by Ord. No. 12-2008]
POUNDKEEPER
The Animal Control Officer appointed pursuant to Chapter
3, Article
IX, §
3-59, of the Code of the Borough of Washington shall be the Poundkeeper.
[Added 7-7-1987 by Ord. No. 19-87]
SHELTER
Any establishment where dogs, cats or other animals are received
and distributed.
[Amended 12-21-1999 by Ord. No. 10-99; 11-5-2008 by Ord. No. 12-2008]
B. Word usage.
(1) 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.
(2) Personal pronouns shall mean either the singular or the plural, whichever
is applicable and conducive towards the effectuating of this chapter.
(3) The masculine, feminine or the neuter gender shall be implied, whichever
is appropriate and conducive for the effectuating of this chapter.
[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.
[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]
A. 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:
(4) Cat, unneutered fee: $15.
(5) Dog, found to be potentially dangerous pursuant to N.J.S.A. 4:19-23,
as amended: $500.
B. 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.
C. 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.
D. The licensing term is to begin each calendar year in the month of
January and is due by the last day of June.
E. 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.
F. 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.
[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.
[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.
[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]
A. 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.
B. 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.
C. Fees for dogs or cats brought into the Borough shall be prorated
on a monthly basis for the unexpired portion of the license period.
[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.
[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.
[Added 12-21-1999 by Ord. No. 10-99; amended 11-6-2006 by Ord. No.
18-2006]
A. 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.
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 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.
C. 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.
D. 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.
[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.
[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]
A. 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:
(1) For collecting, keeping and disposing of dogs or cats liable to seizure
under this chapter.
[Amended 11-5-2008 by Ord. No. 12-2008]
(2) For local prevention and control of rabies.
(3) 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.
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 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.
C. 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.
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.
[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.
[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]
A. 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.
B. 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]
A. 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:
(1) 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.
(2) 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.
(3) 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.
B. 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.
C. 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.
D. 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.
E. 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.
No person shall hinder, molest or interfere with anyone authorized
or empowered to perform any duty under this chapter.
[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.
[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.
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.
[Added 9-6-1994 by Ord. No. 14-94; 11-5-2008 by Ord. No. 12-2008]
A. 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.
B. No person shall abandon a dog or cat of which he or she has charge,
either as owner or otherwise.
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.
[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.
[Added 9-2-1986 by Ord. No. 16-86]
A. 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 by dog feces upon
public and private property located within the Borough.
B. Nuisances prohibited; curbing of dogs; responsibility of owner.
(1)
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.
(2)
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 the following public
properties:
(a)
Municipal Building, Block 29, Lot 11.
(b)
Borough Park, Block 93, Lot 1.
(c)
Public Library, Block 18, Lot 8.
(3)
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.
C. The provision of this section shall not apply to a Seeing Eye dog
which is accompanied by a blind person.
D. 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]
A. 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.
B. Feeding of cats and dogs outside of primary structures prohibited;
responsibility of owner.
(1)
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.
(2)
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.
(3)
No person, agency or institution shall make food available for
the purposes of feeding dogs or cats upon any publicly owned or controlled
property, including, but not limited to, lands controlled by the Borough
of Washington, the County of Warren, the State of New Jersey, and/or
the United States Government.
(4)
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.
[Amended 1-8-1974 by Ord. No. 34-73]
A. Any person who violates or who fails or refuses to comply with §§
35-2,
35-3,
35-4,
35-5,
35-7,
35-8,
35-9 or
35-16 of this chapter or with the rules and regulations promulgated by the State Department of Health pursuant to N.J.S.A. 4:19-15.14 shall be liable to a penalty of not less than $5 nor more than $50 for each offense, to be recovered by and in the name of the Borough of Washington; except that, for the first offense in case of violations of §§
35-2,
35-3,
35-5 and
35-7 of this chapter, the penalty shall be not less than $1 nor more than $50, to be recovered in the same manner.
[Amended 7-7-1987 by Ord. No. 19-87; 5-1-2018 by Ord. No. 2018-08]
B. Any person who violates or refuses to comply with any part of any of the following sections, namely §§
35-17,
35-18,
35-19,
35-20,
35-21 and
35-22 of this chapter, shall be subject to a fine not exceeding $500 or to imprisonment for a period not exceeding 90 days, or both, in the discretion of the court.