[HISTORY: Adopted by the Board of Health of the Borough of
Oradell 12-20-2010 by Ord. No. 10-1. Amendments noted where applicable.]
GENERAL REFERENCES
Cats — See Ch. 300.
The following words and terms shall have the meanings herein
indicated for the purposes of this article:
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 person exercising control over a dog or permitting a
dog to remain on premises under his control.
The keeping of five or more dogs or any establishment wherein
or whereon the business of boarding or selling dogs or breeding dogs
for sale is carried on, except a pet shop.
When applied to the proprietorship of a dog, includes every
person having a right of property in such dog and every person who
has such a dog in his keeping, or any person operating a kennel containing
five or more dogs over the age of six months.
Any room or group of rooms, cage or exhibition pen, not part
of a kennel, wherein dogs for sale are kept or displayed.
An establishment for the confinement of dogs seized either
under the provisions of this chapter or otherwise.
Licenses shall be required for the following dogs of licensing
age:
A.
A dog owned or kept within the Borough by a Borough resident on January
1 of a calendar year.
B.
A dog acquired during the course of a calendar year and kept within
the Borough for more than 10 days after acquisition.
C.
A dog attaining licensing age during the course of the calendar year.
D.
An unlicensed dog brought into and kept within the Borough for more
than 10 days.
E.
A dog licensed by another state brought into and kept within the
Borough for more than 90 days.
Each application for a license under this chapter shall give
the following information:
Registration numbers shall be issued in the order in which applications
are received.
No municipal clerk or other official designated by the governing
body or Board of Health of any municipality to license dogs therein
shall grant any such license and official metal registration tag for
any dog unless the owner thereof provides evidence that the dog to
be licensed and registered has been inoculated with a rabies vaccine
of a type approved by and administered in accordance with the recommendations
of the United States Department of Agriculture and the United States
Department of Health, Education and Welfare or has been certified
exempt as provided by regulations of the State Department of Health.
Applications for licenses for dogs which are required to be licensed by the provisions of § 301-2A shall be made before February 1 of each calendar year. In all other cases, the application for a license shall be made within 10 days of the day upon which the dog in question first becomes subject to the provisions of this chapter.
The information on all applications under this chapter and the
registration number issued to each licensed dog shall be preserved
for a period of three years by the Board of Health. In addition, similar
information shall be forwarded to the State Department of Health each
month on forms furnished by the Department.
The person applying for a license shall pay a fee of $10 for
each spayed or neutered dog and $15 for each dog that is not spayed
or not neutered.
Each dog license and registration tag shall expire on January
31 of the calendar year following the calendar year in which it was
issued.
The provisions of this section shall not apply to any dog licensed under § 301-6 of this chapter. Dogs used as guides for blind persons and commonly known as "Seeing Eye" dogs shall be licensed in the same manner as other dogs, except that the owner or keeper shall not be required to pay any fee.
Any person appointed for the purpose by the governing body or
Board of Health of the municipality shall annually cause a canvass
to be made of all dogs owned, kept or harbored within the limits of
the municipality and shall report, on or before May 1 of each year,
to the Clerk or other person designated to license dogs in the municipality
and to the local 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 unlicensed dogs,
the number of unlicensed dogs owned, kept or harbored by each of said
persons, together with a complete description of each of said unlicensed
dogs.
Any person who keeps or operates or proposes to establish a
kennel, pet shop, shelter or pound shall apply to the Board of Health
for a license entitling him to keep or operate the establishment.
Any person holding the license shall not be required to secure individual
licenses for dogs owned by the licensee and kept at the establishment.
Licenses shalt not be transferable to another owner or different premises.
The application shall contain the following information:
A.
The name and permanent and local address of the applicant.
B.
The street address where the establishment is located or proposed
to be located, together with a general description of the premises.
C.
The purposes for which it is to be maintained.
D.
The maximum number of dogs to be accommodated by the establishment
at any one time.
No license shall be issued until the proposed licensee submits
a written statement from the Health Officer of the Board of Health
that the establishment or proposed establishment complies with local
and state rules governing the location of and sanitation at the establishment.
All licenses issued for a kennel, pet shop, shelter or pound
shall state the purpose for which the establishment is maintained,
and all licenses shall expire on the last day of January of each year.
A.
All licenses for a kennel, pet shop, shelter or pound shall be subject
to revocations by the Board of Health on recommendation of the State
Department of Health for failure to comply with the rules and regulations
of the State Department of Health or the Board of Health after the
owner has been afforded a hearing by either the State Department of
Health or the Board of Health.
B.
Any person holding a license to establish, keep or operate a kennel,
pet shop, shelter or pound shall comply with all Borough ordinances
and the rules and regulations promulgated by the State Department
of Health governing the sanitary conduct and operation of kennels,
pet shops, shelters and pounds, the preservation of sanitation and
the prevention of the spread of rabies and other diseases of dogs
within and from these establishments.
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 are issued, which list shall include
the name and address of each licensee and the kind of license issued.
A.
Dogs shall be controlled as follows:
(1)
No dog kept in a kennel, pet shop, shelter or pound shall be permitted
off the premises, except on leash, in a crate or under other safe
control.
(2)
No person owning or in charge of any dog shall cause or allow such
dog to soil, defile, defecate on or commit any nuisance on any common
thoroughfare, sidewalk, passageway, play area, park or any place where
people congregate or walk or upon any public property whatsoever or
upon any private property without the permission of the owner of said
property.
(3)
Any person owning or in charge of any dog which soils, defiles, defecates
on or commits any nuisance on any common thoroughfare, sidewalk, passageway,
play area, park or any place where people congregate or walk or upon
any public property whatsoever or upon any private property without
the permission of the owner of said property shall immediately remove
all feces deposited by any such dog in a sanitary manner approved
by the Board of Health.
B.
The provisions of this section shall not apply to blind persons who
may use dogs as guides.
License fees and other moneys collected or received under the
provisions of this chapter, except registration tag fees, shall be
forwarded to the Borough Treasurer 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. The moneys shall be used
for the following purposes only: collecting, keeping and disposing
of dogs liable to seizure under this chapter; local prevention and
control of rabies; antirabies treatment under the direction of the
local Board of Health for any person known to have been or suspected
of having been exposed to rabies; all other purposes prescribed by
the statutes of New Jersey governing the subject; and the administration
of the provisions of this chapter. Any unexpended balance remaining
in the 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 the special account to the general funds of the Borough any amount
then in the account which is in excess of the total amount paid in
during the last two fiscal years next preceding.
The Dog Warden shall take into custody and impound or cause
to be taken into custody and impounded any of the following dogs:
A.
An unlicensed dog running at large in violation of the provisions
of this chapter.
B.
A dog off the premises of the owner or of the person keeping or harboring
the dog which the Dog Warden or his agent has reason to believe is
a stray dog.
C.
A dog off the premises of the owner or of the person keeping or harboring
the dog without a current registration tag on its collar.
D.
A female dog in season off the premises of the owner or of the person
keeping or harboring the dog.
An 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 a dog which he may lawfully seize and impound
when he is in immediate pursuit of the dog, except upon the premises
of the owner of the dog if the owner is present and forbids it.
A.
If a dog so impounded or seized wears a registration tag, collar
or harness inscribed with the name and address of any person or if
the owner or the person keeping or harboring the dog is known, the
Dog Warden shall immediately serve on the person whose address is
given on the collar or on the person owning, keeping or harboring
the dog 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 service of notice.
B.
A notice under this subsection may be served either by delivering
it to the person on whom it is to be served or by having 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 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.
The Dog Warden is authorized and empowered to cause the destruction
of any unclaimed dog in as humane a manner as possible under any of
the following contingencies:
A.
When any dog so seized has not been claimed by the person owning,
keeping or harboring it within seven days after notice or within seven
days of the dog's detention when notice has not been or cannot
be given, as set forth in the previous section.
B.
If the person owning, keeping or harboring a dog so seized has not
claimed the dog and has not paid all expenses incurred by reason of
its detention, including maintenance, not to exceed $5 for the first
day and $1 for each additional day.
C.
If the seized dog is unlicensed at the time of its seizure and the
person owning, keeping or harboring it has not produced a license
and registration tag as provided in this chapter.
D.
No dog so caught and detained or procured, obtained, sent or brought
to a pound or shelter shall be sold or otherwise made available for
the purpose of experimentation. Any person who sells or otherwise
makes available any such dog for the purpose of experimentation shall
be guilty of a disorderly persons offense.
No person shall own, keep or harbor a dog in the Borough except
in compliance with the provisions of this chapter and the following
regulations:
A.
Wearing of registration tags. Dogs for which licenses are required
by the provisions of this chapter shall wear collars or harnesses
with the registration tags securely fastened thereto.
B.
Use of registration tags. No person, except an officer in the performance
of his duties, shall remove a registration tag from the collar of
a dog without the consent of the owner, nor shall any person attach
a registration tag to a dog for which the tag was not issued.
C.
Interference with official duties. No person shall hinder, molest
or interfere with anyone authorized or empowered to perform any duty
under this chapter.
D.
Running at large. No person owning, keeping or harboring a dog shall
permit it to run at large on the public streets or in a public park,
public building or other public place within the Borough. A dog not
on the premises of the owner must be accompanied by a person over
the age of 12 years and be securely confined and controlled by an
adequate leash not more than six feet long.
E.
Vicious dogs. No person shall own, keep, or harbor a vicious dog,
whether registered or not, within the Borough of Oradell. As used
herein, a vicious dog is any dog which has been declared by the Municipal
Judge or the Animal Control Officer to be a vicious dog, or which
has habitually attacked persons, other dogs, or domestic animals.
Where it has been determined by a physician that a person has
been bitten by a dog, that person, or his parent or guardian if he
is a minor, shall immediately notify the police. When the owner or
keeper of a dog is notified by the police that the dog has bitten
an individual, the owner or keeper of the dog shall comply with the
following procedures. The owner shall:
A.
Have the dog kept in quarantine in the owner's home or at a
kennel for a period of 10 days.
B.
Have the dog examined by a licensed veterinarian within 12 hours.
C.
At the end of 10 days, have the dog reexamined by a veterinarian
and a written report of the dog's state of health sent to the
Board of Health.
The Borough Council or Board of Health may, by proclamation,
require all dogs and cats to be quarantined during any period in each
year that may seem advisable to the Council or the Board of Health.
The Borough Council or Board of Health shall have the power
to appoint a Dog Warden who shall be in charge of the pound and whose
duty it shall be to enforce the provisions of this chapter. The Borough
Council shall have the power to appoint one or more dog catchers,
who may impound unlicensed dogs running at large in violation of the
provisions of this chapter and who shall make a monthly and annual
report to the Borough Council.
Any person who violates or refuses to comply with the regulations
of this chapter shall be liable to a penalty not to exceed $1,000
for each offense, to be recovered by the Borough of Oradell.
The purpose of this article is to establish requirements for
the proper disposal of pet solid waste in the Borough of Oradell ("Oradell")
so as to protect public health, safety and welfare and to prescribe
penalties for failure to comply.
For the purpose of this article, the following terms, phrases,
words and their derivatives shall have the meanings stated herein
unless their use in the text of this article clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
The pet solid waste is removed at once, without delay.
Any person who shall possess, maintain, house or harbor any
pet or otherwise have custody of any pet, whether or not the owner
of such pet.
Any individual, corporation, company, partnership, firm,
association or political subdivision of this state subject to municipal
jurisdiction.
A domesticated animal (other than a disability assistance
animal) kept for amusement or companionship.
Waste matter expelled from the bowels of the pet; excrement.
Placement in a designated waste receptacle, or other suitable
container, and discarded in a refuse container which is regularly
emptied by the municipality or some other refuse collector; or disposal
into a system designed to convey domestic sewage for proper treatment
and disposal.
All pet owners and keepers are required to immediately and properly
dispose of their pet's solid waste deposited on any property,
public or private, not owned or possessed by that person.
Any owner or keeper who requires the use of a disability assistance
animal shall be exempt from the provisions of this article while such
animal is being used for that purpose.
The provisions of this article shall be enforced by the Oradell
Police Department and the Oradell Board of Health of the Borough of
Oradell.
