[Adopted 1-13-1981 by Ord. No. MC 2622 as Ch. 65, Part 1, Art. II, of
the 1981 Revised Code]
[Amended 4-12-1983 by Ord. No. MC 2693[1]]
No person shall keep, own or harbor any dog, or cat which runs
at large, of the age of seven months or older or which possesses a
permanent set of teeth, within the Township without first obtaining
a license therefor, to be issued by the Division of Licensing of the
Township upon application by such person and the payment of the prescribed
fee, and no person shall harbor or keep any such dog or cat in the
Township except in compliance with the provisions of this article.
[Added 11-9-2006 by Ord.
No. MC 3329; amended 3-27-2007 by Ord. No. MC 3341]
All owners of cats must obtain a license from the Township of
Irvington's Division of Licensing. All cats and dogs shall be vaccinated
by a licensed veterinarian. Any person who walks a dog upon the public
streets or in any park in the Township or other public property must
carry with him/her appropriate materials to pick up and dispose of
any waste caused by said animal.
[Amended 3-22-1983 by Ord. No. MC 2693]
A.
Application procedure.
(1)
Any person who shall own, acquire, keep or harbor a dog, or a cat
which runs at large, of seven months or older in the Township shall,
in the month of January of each year, apply for and procure from the
Division of Licensing a license and an official metal registration
tag for each dog, or cat which runs at large, or a three-year license
and an official metal registration tag for each dog, or cat which
runs at large, and shall place upon each dog, or cat which runs at
large, a collar or harness with the registration tag securely fastened
thereto. Such application shall:
(a)
State the breed, sex, age, color and marking of the dog or cat
for which the license and registration are sought, and whether it
is a long- or short-haired variety, in addition to the name, street
address of the owner and the person who shall keep or harbor such
dog, or cat which runs at large.
(b)
State if the dog for which the license is being sought shall
be used as a guard dog on business premises, and the location of the
business if within the Township, and whether or not the dog shall
be kept on the premises 24 hours per day.
(2)
An applicant may file for a dog or cat license in person or by mail
with the Division of Licensing. Each applicant upon receiving the
license shall be given a copy of the general rules and regulations
regarding the keeping or harboring of animals within the Township.
B.
The owner of any newly acquired dog, or cat which runs at large,
of licensing age or which attains the licensing age shall make application
for a license and registration tag for such animal within 10 days
after such acquisition or age attainment, or for any person just moving
into the Township with such animal over seven months old or which
possesses a set of permanent teeth.[1]
C.
Dogs used for blind persons, commonly known as "Seeing Eye" dogs,
dogs used to assist handicapped persons and commonly known as "service
dogs," or dogs used to assist deaf persons and commonly known as "hearing
ear" dogs shall be licensed and registered as other dogs herein provided
for, except that the owner or keeper of such dogs shall be exempt
from payment of any fee therefor.[2]
[Amended 9-13-1966 by Ord. No. MC 2140; 12-11-1973 by Ord. No. MC 2387; 1-13-1981 by Ord. No. MC 2622; 4-12-1983 by Ord. No. MC 2693; 1-9-1996 by Ord. No.
MC 3030; 5-15-2007 by Ord. No. MC 3346; 3-24-2015 by Ord. No. MC 3530; 9-13-2016 by Ord. No.
MC 3583]
A.
Dogs and cats. The person applying for a license as provided by § 167-4 shall pay a total sum of $21 annually, or $63 for a three-year registration tag for each dog, and for each cat which runs at large. Seniors (age 60 and over with proper verification) shall pay an annual fee of $15.25. The fee for each renewal for the license and for the metal registration tag shall be the same as the original license and metal tag. All such original and renewals thereof shall expire on the last day of January of the succeeding year on a one-year license, or on the last day of January of the succeeding third year for a three-year license. The Division of Licensing shall, within 30 days after the collection of such fees, forward to the State Department of Health the registration tag fee of $1 for each dog or cat which runs at large for a one-year license, or $3 for a three-year license. There shall be a late fee charge of $5 per calendar month for each dog or cat license issued after January 31 of any year.
B.
A five-day
period of grace following the established license deadline is hereby
established.
[Amended 1-13-1981 by Ord. No. MC 2622; 4-12-1983 by Ord. No. MC 2693; 1-9-1996 by Ord. No. MC 3030]
Any person who keeps, owns or harbors a dog or cat for which
there shall have been issued a license by the Division of Licensing
of the Township, upon proper proof that the metal registration tag
for such dog or cat has been either mislaid, lost or stolen, shall
be issued a duplicate metal registration tag upon the payment of $1.
[Amended 4-12-1983 by Ord. No. MC 2693]
No owner or person shall keep or harbor any dog or cat upon
which there shall be found a registration tag for which the corresponding
license has been issued for another dog or cat or has been canceled.
[Amended 4-12-1983 by Ord. No. MC 2693; 7-14-2009 by Ord. No. MC 3407; 7-1-2014 by Ord. No. MC 3511; 10-14-2015 by Ord. No. MC 3553]
A.
No dog or cat, licensed, unlicensed, under control of the owner or
guardian or held by a leash, shall be allowed in any of the parks
or public playgrounds of the Township. Any dog or cat so found not
in the presence of the owner in any of the parks or playgrounds as
aforesaid shall be seized and impounded in the absence of the owner
when the violation of this article occurs. If said dog or cat is in
the presence of the owner or guardian, the aforesaid person shall
be warned by either a law enforcement officer in the Department of
Public Safety, park or playground attendant in charge or the animal
control officer or an official of the Department of Health. Any repeated
violation of the animal owner or guardian responsible shall be subject
to the penalties as provided for in this article, including seizure
and impoundment.
B.
This section shall not apply to pet shops and dog shows held upon
permit issued by the Department of Public Works, or where a K-9 demonstration
is held under supervision and control of the Public Safety Department
or a duly trained officer thereof.
[Amended 4-12-1983 by Ord. No. MC 2693]
A.
All dogs or cats found at large any time in the streets or public
places of the Township, whether unlicensed or unmuzzled, shall be
subject to seizure.
B.
All dogs or cats found at large at any time on abandoned private
lots or abandoned buildings shall be seized and impounded, whether
licensed or unlicensed and not on a leash or within voice control
of the owner.
C.
Any dog or cat which is found on private property, other than the
animal owner's property, whether licensed or unlicensed, shall be
subject to seizure and impoundment, except that the owner of the private
property must request the seizure and sign a waiver that the Township
is not liable for any property damage during the course of duty in
seizing the animal.
Any dog, whether licensed or muzzled or not, that shall jump
upon or annoy any person in the streets or public places of the Town
shall be considered a nuisance and shall be subject to seizure; provided,
however, that no dog shall be seized for such reasons unless the owner
of such dog shall, after receiving a written notice to that effect,
fail to thereafter sufficiently control such dog and prevent a recurrence
of such nuisance.
Any female dog found on the public highway or in any other public
place in the Town in season and not on leash shall be subject to seizure.
[Amended 5-13-1969 by Ord. No. MC 2219; 1-13-1981 by Ord. No. MC 2622]
A.
The Department of Health shall designate some person to seize and
impound all dogs subject to seizure as specified in this article.
Any member of the Public Safety Department observing or responding
to a complaint regarding an animal subject to the provisions and in
violation of this article may cause the seizure and impoundment of
the animal upon approval of the superior officer in charge once there
is a determination for a need to impound. In the case of regular work
hours of the Department of Health, the Public Safety Department must
notify the Health Officer of the need to seize and impound. All other
hours, day or night, the police dispatcher shall notify the agency
designated to impound an animal to respond. Reports of such seizures
and impoundments must be forwarded to the Department of Health on
the next regular workday.
[Amended 4-12-1983 by Ord. No. MC 2693; 7-14-2009 by Ord. No. MC 3407; 7-1-2014 by Ord. No. MC 3511; 10-14-2015 by Ord. No. MC 3553]
B.
If any animal seized pursuant to the provisions of this article wears
a collar or harness which has inscribed thereon or attached thereto
the name and address of any person or a registration tag, or the owner
or guardian keeping or harboring such dog is known, the person so
authored shall forthwith serve on the person whose address is given
on the collar, or on the owner or the guardian, if known, 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
the service of notice.
[Amended 4-12-1983 by Ord. No. MC 2693]
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 prepaid letter addressed to
that person at his usual or last known place of abode or to the address
given on the collar.
D.
When any animal so seized has been detained for seven days after
notice, when notice can be given as above set forth, or has been held
for seven days after seizure, when notice remains undeliverable or
the animal remains unclaimed and all costs incurred by the Township
due to the impoundment have not been recovered from the owner or guardian
or the owner or guardian of such animal fails to produce a license
and registration tag prior to claiming the animal, the Director of
the Health Department or his designee may order the animal destroyed
in a lawful manner.
[Amended 4-12-1983 by Ord. No. MC 2693; 7-14-2009 by Ord. No. MC 3407; 7-1-2014 by Ord. No. MC 3511]
E.
The Department of Health shall charge and collect a daily fee of
$4 paid to the Department of Health to secure initial release from
the Township of said dog or cat. The owner of said animal must also
incur any additional costs by reason of detention and care of said
animal as may be charged by the facility so designated by the Health
Officer.
[Amended 2-13-1985 by Ord. No. MC 2769; 7-14-2009 by Ord. No. MC 3407; 7-1-2014 by Ord. No. MC 3511[1]]
F.
Animal bites.
[Amended 4-12-1983 by Ord. No. MC 2693; 7-14-2009 by Ord. No. MC 3407; 7-1-2014 by Ord. No. MC 3511]
(1)
All animal bites shall be reported immediately to the Department
of Health during normal working hours or to the Department of Public
Safety at all other times, which shall then notify the Department
of Health during regular working hours.
[Amended 10-14-2015 by Ord. No. MC 3553]
(2)
In a case wherein a person is bitten by a dog or animal while the
animal was confined to the premises of the owner or guardian, the
Director of Health, upon notification of the animal owner, bite victim,
police or doctor, shall direct the owner to keep the animal indoors
in quarantine, or if the Director of Health determines that the owner
is incapable or refuses to retain the animal indoors, the animal shall
be held in quarantine at the animal shelter.
(3)
In a case wherein a person is bitten by a dog or other animal while
at large, whether licensed or unlicensed, and it is known that the
animal has at least one other time bitten a person, the Director of
Health, designee or police, in the case of the police handling the
incident, shall direct that the animal be seized and impounded immediately
upon apprehension. Upon proper notification of the owner, the Director
shall decide the fate of the animal within seven days after the incident
occurs or apprehension is made.
[Amended 1-13-1981 by Ord. No. MC 2622; 1-9-1996 by Ord. No. MC 3030; 12-14-1999 by Ord. No. MC 3134; 8-14-2001 by Ord. No. MC 3176; 10-12-2005 by Ord.
No. MC 3306; 7-14-2009 by Ord. No. MC 3407; 12-29-2009 by Ord. No. MC 3413;7-1-2014 by Ord. No. MC 3511[1]]
All persons who desire to maintain a dog kennel for breeding
or boarding dogs shall make application to do so to the Department
of Health. A canvass shall then be conducted by the Department of
Health of the immediate adjoining properties to determine the opinion
of those living upon the aforementioned adjacent properties. If in
the opinion of the Department of Health a dog kennel for breeding
or boarding dogs may constitute a nuisance, no license shall be issued.
The kennel license, if granted, shall include a fee for every dog
over one year of age, the same as the regular license fee provided
for by this article, in addition to an annual fee of $10 for kennels
accommodating 10 or fewer dogs, and for kennels accommodating more
than 10 dogs, an annual license fee of $25 (N.J.S.A. 4:19-15.9). The
maximum number of dogs permitted on aforementioned kennel premises
at any one time shall be 25. No person shall violate any part of this
section.
[Amended 9-26-1972 by Ord. No. MC 2332]
A.
No person owning or having the care, custody or control of a dog
shall knowingly or negligently permit such dog to commit any nuisance,
and more particularly and without limiting the generality thereof,
any excretion of feces, upon any public sidewalk or other thoroughfare,
or in or upon any public building or any paved approach to such building
from the street, or in or upon any public park or public playground,
or on any private property without the permission of the owner of
said property; nor shall any person omit to do any reasonable and
proper act or omit to take any reasonable and proper precaution to
prevent any such dog from committing a nuisance in, on or upon any
of the places or premises herein specified.
B.
Any person owning, harboring, keeping or in charge of any dog which
soils, defiles, defecates on or commits any nuisance on any common
thoroughfare, sidewalk, passageway, bypath, 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 such property, shall immediately remove all feces deposited
by such dog by any sanitary method approved by the local health authority.
C.
Any person who keeps, owns or harbors a dog or cat on the owner's
premises shall remove all feces that have been deposited by the animal
on the owner's walkways, driveway, open garages and yard area within
24 hours in temperatures below 50° F. and within 12 hours in temperatures
above 50° F. in an approved sanitary method.
[Added 4-12-1983 by Ord.
No. MC 2693]
D.
Any person who keeps, owns or harbors a dog shall be required to
restrain the dog, whether inside or outside of the owner's or guardian's
property, from prolonged, continuous and unwarranted barking and howling
any time of the day or night, so as not to annoy or disturb neighboring
residents, nursing homes, schools, churches and hospitals. Complaints
made by residents or persons who suffer from this type of noise may
be made to the Department of Health, in the case of nonoperating hours
of the Department of Health, such complaints may be made to the Department
of Public Safety.
[Added 5-10-1983 by Ord.
No. MC 2699; amended 4-11-1989 by Ord. No. MC 2882; 7-14-2009 by Ord. No. MC 3407; 7-1-2014 by Ord. No. MC 3511; 10-14-2015 by Ord.
No. MC 3553]
E.
The Public Department, in receiving such complaint, shall dispatch
an officer to the location of the barking dog, and if such complaint
is authenticated by the officer, the officer shall attempt to contact
the owner or leave a written notice of the offense at the location
of the owner or guardian of said dog. A notice of the police response
shall be forwarded to the Department of Health on the next regular
day of operation. Neither the Public Safety Department nor the Department
of Health shall reveal the identity of the complainant to the accused
unless such is required by court action.
[Added 5-10-1983 by Ord.
No. MC 2699; amended 7-14-2009 by Ord. No. MC 3407; 7-1-2014 by Ord. No. MC 3511; 10-14-2015 by Ord. No. MC 3553]
F.
In case a barking dog complaint is received during regular hours
of the Department of Health, the Public Safety Department shall refer
the complainant to the Department of Health. The Department of Health
shall cause investigation of the complaint and notify the owner regarding
the complaint and shall advise said person that subsequent violations
shall lead to further action by the Township.[1]
[Added 5-10-1983 by Ord.
No. MC 2699; amended 7-14-2009 by Ord. No. MC 3407; 7-1-2014 by Ord. No. MC 3511; 10-14-2015 by Ord. No. MC 3553]
[1]
Editor's Note: Former § 65-14G of the 1981 Revised Code, added 10-9-1984 by Ord. No. MC 2750, which immediately followed this subsection and provided a penalty for violations of former § 65-14A and B (now § 167-17A and B), was repealed 9-8-1987 by Ord. No. MC 2835. See now Ch. 1, Art. III, Penalties.
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 9-13-2016 by Ord. No. MC 3582[1]]
A.
Except
as otherwise provided by N.J.S.A. 4:19-15.19, or elsewhere in this
article, the penalties for violations of this article are as follows:
|
Section
|
Short Description
|
1st Offense
|
2nd Offense
|
3rd Offense
|
4th Offense Maximum Fine;
Court Appearance Required
|
|---|---|---|---|---|---|
|
§ 167-4
|
Animal license required
|
$50
|
$100
|
$150
|
$250
|
|
§ 167-6
|
Limit on dogs and cats per household
|
$50
|
$100
|
$150
|
$250
|
|
§ 167-10
|
Use of improper registration tag
|
$50
|
$100
|
$150
|
$250
|
|
§ 167-11
|
Animals in parks or playgrounds
|
$50
|
$100
|
$150
|
$250
|
|
§ 167-13
|
Dogs as nuisances
|
$50
|
$100
|
$250
|
$500
|
|
§ 167-17
|
Permitting dog to commit nuisance
|
$100
|
$200
|
$300
|
$500
|
|
§ 167-18
|
Permitting dog to injure lawn or property
|
$50
|
$100
|
$250
|
$500
|
