City of Estell Manor, NJ: Definitions.

Editor's Note: The relevant statutory provisions are found in N.J.S.A. 4:19-15 et seq.

The following words and terms shall have the meanings herein indicated for the purposes of this chapter.

A person designated by the New Jersey State Commissioner of Health pursuant to N.J.S.A. 4:19-15.16a as a Certified Animal Control Officer, or in the absence of such an officer, the person, agency or entity authorized by the City to carry out the duties of the Animal Control Officer.

[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

DOG

Any dog or dog hybrid.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

DOG OF LICENSING AGE

Any dog which has attained the age of seven months or which possesses a set of permanent teeth.

KEEPER

Any person exercising control over a dog or permitting a dog to remain on premises under his control.

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.

OWNER

When applied to the proprietorship of a dog, shall include every person having a right of property in that dog and every person who has that dog in his keeping, and when applied to the proprietorship of any other animal, including, but not limited to, a cat, shall include every person having a right of property in that animal and every person who has that animal in his keeping.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

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 at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

POTENTIALLY DANGEROUS DOG

Any dog or dog hybrid declared potentially dangerous by a municipal court pursuant to N.J.S.A. 4:19-23.

[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

POUND

An establishment for the confinement of dogs or other animals seized either under the provisions of this chapter or otherwise.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

SHELTER

Any establishment where dogs or other animals are received, housed and distributed without charge.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

VICIOUS DOG

Any dog or dog hybrid declared vicious by a municipal court pursuant to N.J.S.A. 4:19-22.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

§ 119-2 Licensing provisions.

[Amended by Ord. No. 70-5]

License; when required. Licenses shall be required for the following dogs of licensing age:

(1)

Any dog owned or kept within the City by a resident of the City on January 1 of any calendar year.

(2)

Any dog acquired by any person during the course of any calendar year and kept within the City for more than 10 days after acquisition.

(3)

Any dog attaining licensing age during the course of the calendar year.

(4)

Any unlicensed dog brought into the City by any person and kept within the City for more than 10 days.

(5)

Any dog licensed by another state brought into the City by any person and kept within the City for more than 90 days.

Application for license.

(1)

Each application for a license under this chapter shall give the following information:

(a)

A general description of the dog sought to be licensed, including breed, sex, age, color and markings and whether such dog is of a long- or short-haired variety.

(b)

Name, street and post office address of the owner of and the person who shall keep or harbor such dog.

(2)

Registration numbers shall be issued in the order in which applications are received.

Fees shall be as provided in Chapter 185, Fees, Article III, Fees for City Services. A late fee shall be assessed after April 1.

[Amended by Ord. No. 79-16; Ord. No. 81-10; Ord. No. 85-2; Ord. No. 89-1; Ord. No. 97-7; at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

Terms. All licenses issued shall expire on December 31 of each year.

[Amended by Ord. No. 97-7; at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

Dogs used as guides for blind persons and commonly known as "seeing eye dogs," dogs used to assist handicapped persons and commonly known as "service dogs" or "aid dogs" and dogs used to assist deaf persons and commonly known as "hearing ear dogs" shall be licensed and registered as other dogs, except that the owner or keeper of such dog shall not be required to pay any fee therefor, pursuant to N.J.S.A. 4:19-15.3.

[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

§ 119-3 Impoundment; running at large.

[Amended by Ord. No. 79-6; Ord. No. 81-6; at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

The Animal Control Officer shall take into custody and impound or cause to be taken into custody and impounded, and thereafter destroyed or offered for adoption, as provided in this section and in N.J.S.A. 4:19-15.16, the following:

(1)

Any dog off the premises of the owner or of the person keeping or harboring said dog which said Animal Control Officer or other appointed person has reason to believe is a stray dog.

(2)

Any dog off the premises of the owner or of the person keeping or harboring said dog 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 or other animal which is suspected to be rabid.

(5)

Any dog 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.

If any animal 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 animal is known, the Animal Control Officer or other person authorized by the City shall forthwith serve on the person whose address is given on the collar, or on the owner or the person keeping or harboring said animal, if known, a notice, in writing, stating that the animal has been seized and will be liable to be offered for adoption 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 the address given on the collar.

Any person authorized by the City may cause an animal to be destroyed in a manner causing as little pain as possible and consistent with the provisions of N.J.S.A. 4:22-19 or offered for adoption seven days after seizure, provided that:

(1)

Notice is given as set forth above and the animal remains unclaimed;

(2)

The owner or person keeping or harboring the animal has not claimed the animal and paid all expenses incurred by reason of its detention, including maintenance costs, in such amount as provided in Chapter 185, Article III, Fees for City Services; or

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

(3)

The owner or person keeping or harboring a dog which was licensed at the time of seizure does not produce a license and registration tag for the dog.

Prohibited. Every person owning, harboring, keeping or having charge of any licensed or unlicensed male or female dog shall:

(1)

Prevent the dog from running-at-large upon any public highway, street, alley, park or other public place in the City at any time.

(2)

Prevent the dog from being on any public highway, street, avenue, alley, park or other public place in the City at any time, unless such dog be accompanied by a person and be securely confined and controlled by an adequate leash not more than six feet in length.

(3)

Prevent the dog from running-at-large in the City upon the lands or other real estate of any person without the consent of the owner of the lands or other real estate.

(4)

Prevent the dog from injuring or damaging any vegetable garden, flower garden, lawn, plant, tree, shrubbery, grounds or other property of any person other than the person owning, harboring, keeping or having charge of such a dog.

(5)

Prevent the dog from worrying, wounding, killing any sheep, lamb, domestic animal or poultry of any person other than the person owning, harboring, keeping or having charge of such a dog.

§ 119-4 Potentially dangerous and vicious dogs.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

The provisions of Chapter 307 of the Laws of 1989 (N.J.S.A. 4:19-17 et seq.), regarding potentially dangerous dogs and vicious dogs, shall be applicable in the City of Estell Manor.

§ 119-5 Regulations.

No person shall own, keep or harbor a dog in the City except in compliance with the provisions of this chapter and the following regulations:

Wearing of registration. All dogs which are required by the provisions of this chapter to be licensed shall wear a collar or harness with the registration tag for such dog securely fastened thereto.

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

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

Disturbing the peace. No person shall own, keep, harbor or maintain any dog which habitually barks or cries between the hours of 8:00 p.m. and 8:00 a.m.

Running-at-large. 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, public buildings or other public place within the City.

Leashing of dogs. 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 City 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.

Property damage. 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.

§ 119-6 Dog bites.

Where it has been determined by a physician that a person has been bitten by a dog, such individual, or his parent or guardian if he is a minor, shall immediately notify the police or the health department. When the owner or keeper of any dog shall be notified by the health department that the dog has bitten any individual or individuals, the owner or keeper of the dog must comply with the following procedures:

Have the dog kept in quarantine in the owner's home or at a kennel for a period of 10 days. Any symptoms denoting rabies or any unusual behavior must be immediately reported to the health department.

At the end of 10 days have the dog examined by a veterinarian and a written report of the dog's state of health sent to the health department.

§ 119-7 Enforcement; canvass.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

The provisions of this chapter and article shall be enforced by the Animal Control Officer, who shall be hired for a one-year term expiring on December 31 of the year of hiring. It shall be a violation of this chapter and article for any person to molest, obstruct or interfere with the Animal Control Officer in their performance of the duties set forth herein.

The Animal Control Officer or such other person as the City may designate may, at the City’s direction, make a canvass of all dogs owned, kept or harbored with the City limits and shall report to the City Clerk 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, and a complete description of each of said unlicensed dogs.

§ 119-8 Violations and penalties.

[Amended by Ord. No. 81-10; at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

Except as may be provided in N.J.S.A. 4:15-19.1 et seq., a violation of this article shall be punishable by the penalties as set forth in Chapter 1, General Provisions, Article II, General Penalty.