[Amended 5-19-2003 by Ord. No. 1,305, effective 6-8-2003; 10-15-2012 by Ord. No.
25-12, effective 11-4-2012]
For the purpose of this article, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
A certified Municipal Animal Control Officer or, in the absence
of such an officer, the Chief of Police or his designee.
The person from time to time holding the position of Animal
Warden in the Borough and any deputy, assistant or helper of such
Warden and any police officer and any person designated from time
to time as Acting Animal Warden by the Health Department Director.
Off the premises of the owner and not under the control of
the owner and not under the control of a member of his immediate family
by leash, cord or chain or tether, or other suitable device not more
than six feet long.
The Health Department of the Borough of Lincoln Park.
Any dog or dog hybrid.
Any dog which has reached the age of six months.
Any building, yard, enclosure, premises, lot or grounds used
for the keeping, raising, selling, breeding or boarding of five or
more dogs or cats.
Any person, partnership, firm, association or corporation
owning, keeping or harboring a dog.
Any dog or dog hybrid declared potentially dangerous by a
municipal court pursuant to N.J.S.A. 4:19-23 and/or this article.
An establishment maintained and operated by the Borough or
under contract to the Borough for the confinement of animals seized
under the provisions of this article.
Any dog or dog hybrid declared vicious by a municipal court
pursuant to N.J.S.A. 4:19-23 and/or this article.
A.
Eligibility. The Animal Warden shall be an employee of the Borough
or an employee of a contracting agency engaged by the Borough and
subject to the control and direction of the Health Director or his
representative.
B.
Duty generally. The duty of the Animal Warden shall be the enforcement
of the measures and provisions for the control of dogs contained in
N.J.S.A. 4:19-15.1 through 4:19-15.29, and any amendments thereto,
and the provisions of this article.
No person shall keep, harbor or maintain a dog without first
obtaining a license therefor, such license to be issued by the Health
Department of the Borough upon application by the owner, or by some
person on behalf of the owner, and payment of the prescribed fee.
No person shall keep or harbor any dog in the Borough except
in compliance with the provisions of this article and provisions for
the control of dogs contained in N.J.S.A. 4:19-15.1 through 4:19-15.29,
and any amendments thereto.
[Amended 12-9-1991 by Ord. No. 1,040, effective 3-29-1992; 12-15-2008 by Ord. No.
23-08, effective 1-4-2009]
A.
Application; renewal; registration tag; fee. Any person who shall own, keep or harbor or suffer the keeping or harboring of any dog of licensing age within the Borough shall, in the month of January and annually thereafter, apply for and procure from the Health Department a license and official registration tag securely fastened thereto. All fees shall be in accordance with Chapter 34, Fees, § 34-2. All fees shall be waived for guide dogs commonly known as "Seeing Eye" or "Hearing Ear" dogs.
B.
Application date. The owner of any dog which shall attain licensing
age shall make application for such license and registration within
10 days of such date.[1]
C.
Licenses issued elsewhere. Dog licenses issued by another municipality
shall be accepted until the expiration date for new residents as evidence
of compliance with this article.
D.
Immunization. At the time of acquiring the license and registration
tag, the applicant shall present proof that the dog has been immunized
against rabies to cover the period of licensing.
[Amended 10-15-2012 by Ord. No. 25-12, effective 11-4-2012]
No person owning, keeping or harboring any dog shall suffer
or permit such dog to run at large within the Borough. It shall be
deemed a violation of this section if a dog is found off the premises
of the owner and not under the control of the owner or a member of
the owner's immediate family by leash, cord, chain, tether, or other
suitable device not more than six feet long. This provision shall
not apply to police dogs.
No person shall keep, within any section of the Borough, any
dog causing a nuisance and disturbing the peace and quiet of the neighborhood
in which it shall be kept by howling and barking.
[Added 11-19-2001 by Ord. No. 1,276, effective 12-9-2001]
A.
Defecation on public property prohibited. No person owning, keeping,
harboring or exercising control over any dog shall suffer or permit
it to soil, defile, defecate upon or commit any nuisance in or upon
any public street, pathway, sidewalk, public property, or any place
open to the public.
B.
Defecation on owner's property. No person owning, keeping, harboring
or exercising control over any dog shall permit or suffer the accumulation
of dog feces or other bodily waste upon any property owned, occupied
or controlled by such person, to the extent that any odor emanating
from said feces or bodily waste may be noticeable to any person on
adjoining property or a public street.
C.
Removal of defecation. Any person owning, keeping, harboring or exercising
control over any dog which soils, defiles, defecates upon or commits
any nuisance in or upon private property or any public street, pathway,
sidewalk, property, or place open to the public shall immediately
remove all feces or other bodily waste deposited by such dog in a
sanitary manner. Removal shall be accomplished by placement of the
material in a sealed, nonabsorbent, leakproof container and disposal
in an appropriate solid waste container. Disposal by burial, placement
in a storm sewer, or placing unwrapped feces in a sold waste container
is prohibited.
A suitable animal shelter or equivalent facility shall be provided
by the Borough, and it shall be the duty of the designated Animal
Warden to clean and otherwise take care of such pound or facility
and to feed regularly and give other necessary care to any and all
animals impounded therein.
[Amended 5-19-2003 by Ord. No. 1,305, effective 6-8-2003]
A.
The Animal Control Officer shall seize and impound a dog when the
officer has reasonable cause to believe that the dog:[1]
(1)
Attacked a person and caused death or serious bodily injury as defined
in N.J.S.A. 2C:11-1b to that person;
(2)
Caused bodily injury as defined in N.J.S.A. 2C:11-1a to a person
during an unprovoked attack and poses a serious threat of harm to
persons or domestic animals;
(3)
Engaged in dog fighting activities as described in N.J.S.A. 4:22-24
and 4:22-26; or
(4)
Has been trained, tormented, badgered, baited or encouraged to engage
in unprovoked attacks upon persons or domestic animals.
B.
The dog shall be impounded until the final disposition as to whether
the dog is vicious or potentially dangerous. Subject to the approval
of the Municipal Health Officer, the dog may be impounded in a facility
or other structure agreeable to the owner.
C.
The Animal Control Officer shall notify the Municipal Court and the
Municipal Health Officer immediately that he has seized and impounded
a dog pursuant to N.J.S.A. 4:19-19, or that he has reasonable cause
to believe that a dog has killed another domestic animal and that
a hearing is required. The Animal Control Officer shall through a
reasonable effort attempt to determine the identity of the owner of
any dog seized and impounded. If its owner cannot be identified within
seven days, that dog may be humanely destroyed.
D.
The Animal Control Officer shall, within three working days of the
determination of the identity of the owner of a dog seized and impounded
pursuant to N.J.S.A. 4:19-19, notify by certified mail, return receipt
requested, the owner concerning the seizure and impoundment and that,
if the owner wishes, a hearing will be held to determine whether the
impounded dog is vicious or potentially dangerous. This notice shall
also require that the owner return within seven days, by certified
mail or hand delivery, a signed statement indicating whether he wishes
the hearing to be conducted or, if not, to relinquish ownership of
the dog, in which case the dog may be humanely destroyed. If the owner
cannot be notified by certified mail, return receipt requested, or
refuses to sign for the certified letter, or does not reply to the
certified letter with a signed statement within seven days of receipt,
the dog may be humanely destroyed.
[Added 5-19-2003 by Ord. No. 1,305, effective 6-8-2003]
A.
Duty of Animal Control Officer. It shall be the duty of the Animal Control Officer to apprehend and take into custody and impound or cause to be taken into custody and impounded any dog found running at large contrary to the provisions of § 227-6, or any vicious dog or potentially dangerous dog, and to impound such dog in the municipal shelter.
B.
Registry. A complete registry of all such dogs so seized shall be
made, which shall include the breed, color and sex of such dog, the
license number, if known, and whether such dog has been inoculated
against rabies. If licensed, the name and address of the owner and
the number of the license tag shall also be recorded.
[Added 5-19-2003 by Ord. No. 1,305, effective 6-8-2003]
A.
If a dog is found to have been running at large, declared vicious
or potentially dangerous, and all appeals pertaining thereto have
been exhausted, the owner of the dog shall be liable to the municipality
in which the dog is impounded for the costs and expenses of impounding
and/or destroying the dog. The owner shall also incur the expense
of impounding the dog in a facility other than the municipal pound,
regardless of whether the dog is ultimately found to be vicious or
potentially dangerous.
B.
If the dog has bitten or exposed a person within 10 days previous
to the time of euthanasia, its head shall be transported to the New
Jersey State Department of Health laboratory for rabies testing.
[Added 5-19-2003 by Ord. No. 1,305, effective 6-8-2003]
The owner of a potentially dangerous dog shall:
A.
Comply with the provisions of N.J.S.A. 4:19-17 et seq. and this article,
in accordance with a schedule established by the Municipal Court,
but in no case more than 60 days subsequent to the date of determination;
B.
Notify the licensing authority, local Police Department or force,
and the Animal Control Officer if a potentially dangerous dog is at
large or has attacked a human being or killed a domestic animal;
C.
Notify the licensing authority, local Police Department or force,
and the Animal Control Officer within 24 hours of the death, sale
or donation of a potentially dangerous dog;
D.
Prior to selling or donating the dog, inform the prospective owner
that the dog has been declared potentially dangerous;
E.
Upon the sale or donation of the dog to a person residing in a different
municipality, notify the State Department of Health and the licensing
authority, Police Department or force, and Animal Control Officer
of that municipality of the transfer of ownership and the name, address
and telephone of the new owner; and[1]
[Added 5-19-2003 by Ord. No. 1,305, effective 6-8-2003]
A.
Upon a demonstration of sufficient evidence by the owner of a potentially
dangerous dog to the Animal Control Officer that he has complied with
the Court's orders and this article, the Borough shall issue a potentially
dangerous dog registration number and red identification tag along
with a municipal potentially dangerous dog license. The last three
digits of each potentially dangerous dog registration number issued
by a municipality will be the three-number code assigned to that municipality
in the regulations promulgated pursuant to N.J.S.A. 4:19-33. The Animal
Control Officer shall verify, in writing, compliance to the Municipal
Clerk or designee.
The Animal Warden, when in immediate pursuit of a dog or dogs
which may lawfully be seized or impounded under the provisions of
this article or under the statutes of the state, is hereby authorized
to go upon or enter into any premises, except an inhabited dwelling
house without permission of the owner, to seize such dog or dogs for
impounding. Such entry shall not be deemed a trespass, except that
such person may not go upon any premises if the owner thereof or the
owner's representative is present and forbids him to do so.
Any dog which bites any person shall be examined by a veterinarian
within 24 hours after the incident, if requested by the Animal Warden,
for the purpose of determining if such dog is affected by any disease,
and such dog shall thereafter be quarantined for a minimum of 10 days.
If, after the ten-day quarantine, the Warden deems the dog unaffected
by disease, the Warden shall sign a release of quarantine and shall
notify the dog's owner of such release.
The Animal Warden shall notify, in writing, the owner or person
keeping or harboring any tagged dog seized or impounded that such
dog has been seized and will be liable to be destroyed if not claimed
within seven days after such notification.
[Amended 12-9-1991 by Ord. No. 1,040, effective 3-29-1992]
A.
If any seized dog has been impounded for seven days after notice, when notice can be given as set forth in § 227-17, or impounded for seven days after seizure when no notice has been given, or if the owner or person keeping or harboring such dog has not claimed such dog and paid all expenses incurred by reason of its detention as hereinafter specified, or if the dog is unlicensed at the time of seizure and the owner or person keeping or harboring such dog has not produced a license and registration tag for such dog, then the Animal Warden may cause the dog to be destroyed in a manner established by the Health Department.[1]
B.
Charges.
(2)
A minimum charge as provided in Chapter 34, Fees, § 34-2, shall be incurred for a dog which is adopted after such dog has been impounded for a period of seven days or after a dog has been placed in the animal shelter for the purpose of adoption. The owner of an impounded dog, instead of redeeming the dog, may give written notice to the Animal Warden that he does not wish to redeem and consents to the destruction and disposal of the dog in a humane manner.[2]
(3)
The charges specified shall be paid to the Animal Warden or his agent
and by him accounted for and paid to the Borough Treasurer, and a
receipt shall be delivered to the person paying such charges, which
receipt will be the authority for the Animal Warden to release the
dog to the owner or person claiming such dog.
C.
All dogs or other animals shall be redeemed or adopted Monday through
Friday at the hours designated by the Animal Warden.
No person shall assault, molest or otherwise interfere with
any person authorized or empowered to perform any duty under this
article.
The owner of any dead animal shall dispose of the carcass of
such animal in a sanitary manner as prescribed by the Health Officer,
within 24 hours after such owner has knowledge of such animal's death.[1]
[1]
Editor's Note: Original § 106-16, Canvass of dogs,
which immediately followed this section, was repealed 12-7-2015 by
Ord. No. 26-15, effective 12-27-2015.
[Amended 5-19-2003 by Ord. No. 1,305, effective 6-8-2003]
A.
Complaints. It shall be the duty of the Animal Control Officer or,
in his absence, the Chief of Police or his designee to receive and
investigate complaints against dogs.
B.
When any dog complained against shall be deemed by the Animal Control Officer to be a vicious dog or potentially dangerous dog as herein defined, the Animal Control Officer shall sign a complaint against the owner or person harboring such dog. The Animal Control Officer shall seize and impound the dog, as specified in §§ 227-10 through 227-18, provided that, if any potentially dangerous dog or vicious dog is found at large and cannot be seized, taken up and impounded, such dog may be subdued by a tranquilizer gun. The Animal Control Officer shall sign a complaint against the owner or person harboring such dog and may confine the dog to a suitable shelter, at the owner's expense, until the date of hearing.
C.
Hearing. The Municipal Court, at the time set for the hearing of
the complaint, 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 Municipal Judge shall decide, in accordance with
the evidence before him, whether or not such dog is vicious or potentially
dangerous, as defined herein.
D.
Vicious dog; findings.
(2)
A dog shall not be declared vicious for inflicting death or serious
bodily injury as defined in N.J.S.A. 2C:11-1b upon a person if the
dog was provoked. The municipality shall bear the burden of proof
to demonstrate that the dog was not provoked.
(3)
If the Municipal Court declares a dog to be vicious and no appeal
is made of this ruling pursuant to N.J.S.A. 4:19-25, the dog shall
be destroyed in a humane and expeditious manner, except that no dog
maybe destroyed during the pendency of an appeal.
E.
Potentially dangerous dog; findings.
(1)
The Municipal Court shall declare a dog to be potentially dangerous
if it finds by clear and convincing evidence that the dog:
(a)
Caused bodily injury as defined in N.J.S.A. 2C:11-1a to a person
during an unprovoked attack, and poses a serious threat of bodily
injury or death to a person; or
(b)
Severely injured or killed another domestic animal; and
(c)
Poses a threat of serious bodily injury or death to a person;
or
(d)
Poses a threat of death to another domestic animal; or
(e)
Has been trained, tormented, badgered, baited or encouraged
to engage in unprovoked attacks upon persons or domestic animals.
F.
Order and schedule for compliance for potentially dangerous dog;
conditions. If the Municipal Court declares the dog to be potentially
dangerous, it shall issue an order and a schedule for compliance which,
in part:
(1)
Shall require the owner to comply with the following conditions:
(a)
To apply, at his own expense, to the Municipal Clerk or other official designated to license dogs pursuant to N.J.S.A. 4:19-15.2 for a special municipal potentially dangerous dog license, municipal registration number, and red identification tag issued pursuant to § 227-14 of this article. The owner shall, at his own expense, have the registration number tattooed upon the dog in a prominent location. A. potentially dangerous dog shall be impounded until the owner obtains a municipal potentially dangerous dog license, municipal registration number, and red identification tag.
(b)
To display, in a conspicuous manner, a sign on his premises warning that a potentially dangerous dog is on the premises. The sign shall be visible and legible from 50 feet of the enclosure required pursuant to Subsection F(1)(c) of this section.
(c)
To immediately erect and maintain an enclosure for the potentially
dangerous dog on the property where the potentially dangerous dog
will be kept and maintained, which has sound sides, top and bottom
to prevent the potentially dangerous dog from escaping by climbing,
jumping or digging and within a fence of at least six feet in height
separated by at least three feet from the confined area. The owner
of a potentially dangerous dog shall securely lock the enclosure to
prevent the entry of the general public and to preclude any release
or escape of a potentially dangerous dog by an unknowing child or
other person. All potentially dangerous dogs shall be confined in
the enclosure or, if taken out of the enclosure, securely muzzled
and restrained with a tether approved by the Animal Control Officer
and having a minimum tensile strength sufficiently in excess of that
required to restrict the potentially dangerous dog's movements to
a radius of no more than three feet from the owner and under the direct
supervision of the owner.
(2)
May require the owner to maintain liability insurance in an amount
determined by the Municipal Court to cover any damage or injury caused
by the potentially dangerous dog. The liability insurance, which may
be separate from any other homeowner policy, shall contain a provision
requiring the municipality in which the owner resides to be named
as an additional insured for the sole purpose of being notified by
the insurance company of any cancellation, termination or expiration
of the liability insurance policy.
G.
The owner of a potentially dangerous dog who is found by clear and
convincing evidence to have violated this article, or any rule or
regulation adopted pursuant thereto, or to have failed to comply with
a court's order shall be subject to a fine of not more than $1,000
per day of the violation, and each day's continuance of the violation
shall constitute a separate and distinct violation The Municipal Court
shall have jurisdiction to enforce this section. An Animal Control
Officer is authorized to seize and impound any potentially dangerous
dog whose owner fails to comply with the provisions of N.J.S.A. 4:19-17
et seq. or this article, or any rule or regulation adopted pursuant
thereto, or a court's order. The Municipal Court may order that the
dog so seized and impounded be destroyed in an expeditious and humane
manner.
[Amended 9-18-2000 by Ord. No. 1,249, effective 10-8-2000]
A.
No owner shall fail to provide his animals with sufficient, good
and wholesome food and water, proper shelter and protection from the
weather, veterinary care, when needed to prevent suffering, and humane
care and treatment. No person shall beat, cruelly ill treat, torment,
overload, overwork or otherwise abuse any animal or cause or permit
any fight between animals or between animals and humans. No owner
of an animal shall abandon such animal. No person shall crop a dog's
ears, except when a licensed veterinarian issues a signed certificate
which states that the operation is necessary for the dog's health
or comfort, and in no event shall a person other than a licensed veterinarian
perform such an operation.
B.
Any person who violates the provisions of this section shall be subject to a penalty enforced and recovered pursuant to the Penalty Enforcement Law, N.J.S.A. 2A:58-10 et seq., in the Municipal Court or where appropriate. Any person who violates this section shall be subject to the fines and penalties set forth in § 1-2 of this Code (general penalty), in the discretion of the judge imposing the same.[1]
