[Adopted 4-11-1927 by Ord. No. 20 (Ch. 43 of the 1973 Borough Code)]
[Amended 9-3-1963 by Ord. No. 241; 1-2-1973; 12-6-1977 by Ord. No. 384; 12-2-1980 by Ord. No. 433; 10-6-1983 by Ord. No. 462; 11-3-1988 by Ord. No. 544; 12-6-2001 by Ord. No. 690; 4-5-2007 by Ord. No. 02-07; 10-4-2012 by Ord. No. 05-12; 9-7-2017 by Ord. No. 10-17]
Every person who shall own, keep or harbor any dog or dogs within the Borough of Mount Ephraim shall pay the Borough Clerk for the licensing of each dog the sum set forth in Chapter 165, Article II, Fee Schedule. Any person who was required to have their dog(s) licensed but failed to obtain or renew the license(s) on or before the date prescribed in § 94-2 of the Borough Code shall pay a late charge as set forth in Chapter 165, Article II, Fee Schedule; and, if the license is not obtained by April 30, shall be subject to a summons to Municipal Court and liable for all fees including court costs.
[Amended 12-6-2001 by Ord. No. 690; 9-7-2017 by Ord. No. 10-17]
The owner or keeper of any dog shall pay his license fee on or before January 31 of each year. Every person who harbors or possesses any dog within the Borough for a period of 10 days or more shall, for the purposes of this article, be deemed to be the owner or keeper of the dog or dogs so harbored or possessed and shall be required to obtain a dog license for any such dog owned or harbored.
[Amended 1-2-1973; 12-6-2001 by Ord. No. 690; 9-7-2017 by Ord. No. 10-17]
Any person who obtains a new dog or brings an unlicensed dog into Mount Ephraim as an owner or keeper of such dog must obtain a dog license for such dog within 10 days of bringing such animal to Mount Ephraim. However, any such dog which is licensed in another state or municipality within this state for the current year and bearing a registration tag must obtain a dog license for such dog within 90 days of bringing such animal to Mount Ephraim.
[Amended 1-2-1973; 11-3-1988 by Ord. No. 544; 12-6-2001 by Ord. No. 690]
The said Borough Clerk, upon payment of said license fee, shall thereupon issue to each person paying such license fee a license for the keeping of such dog, which license shall contain the name and address of the owner of such dog, a short description of the dog, indicating the breed, sex and markings, and also the number of such license, and shall bear the signature of the Borough Clerk. The said license shall expire on the 31st day of January of the year following the granting of such license. The Borough Clerk shall also issue, together with said license, a numbered metal tag designed by the State Department of Health, which tag shall be, by the owner, securely fixed or fastened to a strap or collar to be worn around the neck of the dog so licensed. Substitute tags shall be issued only on proof, in writing of the owner or a member of the household above the age of 14 years, satisfactory to the Borough Clerk of the loss of the original tag and on payment of the sum set forth in Chapter 165, Article II, Fee Schedule.
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 dogs used to assist deaf persons and commonly known as “hearing ear” 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.
[Added 6-24-1947 by Ord. No. 158]
All dogs are hereby prohibited from running at large in and about the streets, highways, roads and public places in the Borough of Mount Ephraim, unless such dog or dogs shall be led on a chain, leash or line. The Board of Commissioners may order, whenever it is deemed advisable or necessary, that all such dogs shall be muzzled. Notice of any such order shall be given by publishing the same in a newspaper circulating in the Borough.
[Added 6-24-1947 by Ord. No. 158]
Any dog or dogs found in the Borough of Mount Ephraim not wearing their proper official license tags, or found running at large, may be seized by such person or persons as the Director of Public Safety or Board of Commissioners may from time to time appoint for that purpose. Any dog or dogs so seized shall be impounded for the period required by law, and, if not claimed, may then be destroyed, as provided by law.
[Added 6-24-1947 by Ord. No. 158]
No person who shall own, keep or harbor a dog in the Borough of Mount Ephraim shall permit the same to run at large as herein set forth.
[Added 8-7-1986 by Ord. No. 503]
It shall be unlawful for any person to own, keep, have in his possession or harbor any dog which, by frequent or habitual howling, yelping or barking, shall cause a nuisance by creating a serious annoyance or disturbance to any individual or to the neighborhood. For the purpose of this article, "noise disturbance" from a barking, yelping or howling dog may be defined as that created by a dog continuously for 10 minutes or intermittently for 30 minutes.
Any owner of a dog which may have been seized under the provisions of this article shall, upon establishing ownership thereof to the satisfaction of the Borough Clerk as provided by § 94-2 of this article, be entitled to reclaim or redeem such dog upon payment of the sum set forth in Chapter 165, Article II, Fee Schedule; provided, however, that such claim shall be made and established by such owner before the dog shall have been killed or otherwise disposed of as provided in § 94-7, and provided further that the payment of the redemption fee herein required shall not excuse a violation of any provision of this article, nor shall it be deemed to be in satisfaction thereof.
Any person or persons who shall hinder, interfere with or molest any duly authorized dogcatcher or assistants employed by him or any police officer of the Borough of Mount Ephraim in the performance of any duty enjoined by this article shall be in violation of the provisions of this article.
Editor's Note: Original § 43-10, Vicious dogs, of the 1973 Borough Code and which immediately followed this section, was repealed 12-1-2011 by Ord. No. 17-11. For state regulations pertaining to vicious and potentially dangerous dogs, see N.J.S.A. 4:19-17 et seq.
[Amended 1-2-1973; 6-23-1977 by Ord. No. 375]
It shall be unlawful to operate a kennel anywhere in this municipality.
The term "kennel" is hereby defined to mean and include any establishment, residence, property or other location for the raising, training, boarding or selling of dogs, cats, birds, mice, rats or other small animals for hire or profit. This listing of animals is merely illustrative and is not to be construed as limiting this definition to those listed animals.
A "kennel" is also defined to mean any location where more than three dogs or cats are harbored, kept or maintained. In the event that three or more such animals are at any of the locations as aforesaid, for the purposes of this article, said location shall be deemed to be a kennel.
[Added 4-7-2016 by Ord. No. 01-16]
Definitions: When used herein, the following terms shall have the following meanings:
- ANIMAL CARE FACILITY
- An animal control center or animal shelter, maintained by or under contract with any state, county, or municipality, whose mission and practice is, in whole or significant part, the rescue and placement of animals in permanent homes or rescue organizations.
- ANIMAL RESCUE ORGANIZATION
- Any not-for-profit organization which has tax exempt status under Section 501(c)(3) of the United States Internal Revenue Code, whose mission and practice is, in whole or in significant part, the rescue and placement of animals in permanent homes.
- A member of the species of domestic dog, Canis familiaris.
- OFFER FOR SALE
- To sell, offer for sale or adoption, advertise for the sale of, barter, auction, give away or otherwise dispose of a dog or cat.
- PET SHOP
- A retail establishment where dogs and cats are sold, exchanged, bartered or offered for sale as pet animals to the general public at retail. Such definition shall not include an animal care facility or animal rescue organization, as defined.
Restrictions on the sale of animals.
Except as otherwise provided in N.J.S.A. 4:19-15.19, any person who shall violate any of the provisions of this article shall, upon conviction, be subject to the penalty provisions contained in Chapter 305, Penalties.