[Adopted 5-18-1982 by Ord. No. 82-2 (Ch. 52, Art. I, of the 1982 Code)]
As used in this article, the following terms shall have the meanings indicated:
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 in significant part, the rescue and placement of animals in permanent homes or rescue organizations.
[Added 6-8-2016 by Ord. No. 2016-06]
ANIMAL RESCUE ORGANIZATION
Any non-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.
[Added 6-8-2016 by Ord. No. 2016-06]
CAT
A member of the species of domestic cat, Felis catus.
[Added 11-17-2008 by Ord. No. 2008-07; amended 6-8-2016 by Ord. No. 2016-06]
DOG
A member of the species of domestic dog, Canis familiaris.
[Amended 6-8-2016 by Ord. No. 2016-06]
DOG OF LICENSING AGE
Any dog which has attained the age of seven months or which possesses a set of permanent teeth.
HABITUALLY BARKS OR CRIES
Continuous barking or crying without pauses of one minute or longer, for a period of more than 20 minutes between the hours of 6:00 a.m. and 10:00 p.m., or for a period of more than 10 minutes between the hours of 10:00 p.m. and 6:00 a.m., on at least two occasions over a three-month period.
[Added 2-28-2007 by Ord. No. 2007-3]
KEEPER
Any person exercising control over a dog or cat or permitting a dog or cat to remain on premises under his control.
[Amended 11-17-2008 by Ord. No. 2008-07]
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.
OFFER FOR SALE
A presentation for sale or adoption, an advertisement for the sale of, barter, auction, give away or otherwise dispose of a dog or cat.
[Added 6-8-2016 by Ord. No. 2016-06]
OWNER
When applied to the proprietorship of a dog or cat, shall mean and include every person having a right of property in such dog or cat and every person who has such dog or cat in his keeping.
[Amended 11-17-2008 by Ord. No. 2008-07]
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.
[Amended 2-28-2007 by Ord. No. 2007-3; 6-8-2016 by Ord. No. 2016-06
POUND
An establishment for the confinement of dogs or cats seized either under the provisions of this article or otherwise.
[Amended 11-17-2008 by Ord. No. 2008-07]
SHELTER
Any establishment where dogs or cats are received, housed and distributed.
[Amended 2-28-2007 by Ord. No. 2007-3; 11-17-2008 by Ord. No. 2008-07]
VICIOUS DOG
As defined in N.J.S.A. 4:19-18.
[Amended 2-28-2007 by Ord. No. 2007-3]
A. 
License; when required. Licenses shall be required for the following dogs or cats of licensing age:
[Amended 11-17-2008 by Ord. No. 2008-07]
(1) 
Any dog or cat owned or kept within the Borough by a resident of the Borough on the first day of January of any calendar year.
(2) 
Any dog or cat acquired by a person during the course of any calendar year and kept within the Borough for more than 10 days after acquisition.
(3) 
Any dog or cat attaining licensing age during the course of the calendar year.
(4) 
Any unlicensed dog or cat brought into the Borough by any person and kept within the Borough for more than 10 days.
(5) 
Any dog or cat licensed by another state brought into the Borough by any person and kept within the Borough for more than 90 days.
B. 
Application for license. Each application for a license under this article shall give the information required by N.J.S.A. 4:19-15.5.
[Amended 2-28-2007 by Ord. No. 2007-3]
C. 
Registration numbers shall be issued in the order in which applications are received.
D. 
Application for license. Applications for licenses for dogs or cats which are required to be licensed by the provisions of Subsection A(1) shall be made commencing the first day of January 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 or cat in question first becomes subject to the provisions of this section.
[Amended 11-17-2008 by Ord. No. 2008-07]
E. 
License record. The information on all applications under this article and the registration number issued to each licensed dog or cat shall be preserved for a period of three years by the Borough Clerk. In addition, the Clerk shall forward similar information to the State Department of Health each month on forms furnished by the Department.
[Amended 11-17-2008 by Ord. No. 2008-07]
F. 
The person applying for a license for a dog or cat shall pay a license fee of $17 during the months of January and February, and a $25 late fee after March 1. There shall also be an additional fee of $3 for any dog of reproductive age which has not had its reproductive capacity permanently altered through sterilization. To be exempt from this fee the applicant must furnish a certificate signed by a licensed veterinarian stating that the dog has been spayed or neutered. The same fees shall be charged for the annual renewal of each license and registration tag.
[Amended 2-15-1983 by Ord. No. 83-2; 10-18-1983 by Ord. No. 83-19; 7-8-1992 by Ord. No. 92-8; 9-14-1994 by Ord. No. 94-9; 8-22-2007 by Ord. No. 2007-07; 11-17-2008 by Ord. No. 2008-07]
G. 
Expiration date. Each dog or cat license and registration tag shall expire on the last day of January of the calendar year following the calendar year in which it was issued.
[Amended 11-17-2008 by Ord. No. 2008-07]
H. 
Exceptions. The provisions of this section shall not apply to any dog licensed under § 96-3 of this article. 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" and dogs used to assist deaf persons and commonly known as "hearing ear" 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.
[Amended 2-28-2007 by Ord. No. 2007-3]
I. 
Maximum penalty. For violation of any provision of this section, the maximum penalty, upon conviction, shall be provided in N.J.S.A. 4:19-15.19. In addition to the above-stated penalty, it shall be mandatory that, in addition to the imposition of the above penalty, there shall also be assessed the required fee for a dog or cat license, which shall then be issued as stated in Subsection F above.
[Added 12-20-1983 by Ord. No. 83-23; amended 2-28-2007 by Ord. No. 2007-3; 11-17-2008 by Ord. No. 2008-07]
J. 
Separate violations. Except as otherwise provided, each and every day in which a violation of this provision continues shall constitute a separate violation.
[Added 12-20-1983 by Ord. No. 83-23]
K. 
Application. The maximum penalty stated in this section is not intended to state an appropriate penalty for each and every violation. Any lesser penalty, including a nominal penalty or no penalty at all, may be appropriate for a particular case or violation.
[Added 12-20-1983 by Ord. No. 83-23]
[Amended 2-28-2007 by Ord. No. 2007-3; 6-8-2016 by Ord. No. 2016-06
A. 
Licensing of pet shops, kennels, shelters and pounds shall be in accordance with N.J.S.A. 4:19-15.14.
B. 
A pet shop may offer for sale only those dogs and cats that the pet shop has obtained from or displays in cooperation with:
(1) 
An animal care facility; or
(2) 
An animal rescue organization.
C. 
A pet shop shall not offer for sale a dog or a cat that is younger than eight weeks old.
[Amended 2-28-2007 by Ord. No. 2007-3]
Disposition of moneys collected pursuant to this chapter shall be in accordance with N.J.S.A. 4:19-15.11.
[Amended 3-26-1974 by Ord. No. 74-1 2-28-2007 by Ord. No. 2007-3; 11-17-2008 by Ord. No. 2008-07]
The Animal Control Officer of the Borough shall biennially cause a canvass to be made of all dogs and cats owned, kept or harbored within the limits of the Borough and shall report to the Clerk and to the State Department of Health the results thereof, setting forth in separate columns the names and addresses of persons owning, keeping or harboring dogs or cats, the number of licensed dogs or cats, and the number of unlicensed dogs or cats owned, kept or harbored by each person, together with a complete description of each unlicensed dog or cat. The Animal Control Officer shall be appointed by the Mayor, subject to ratification by the Borough Council. The salary of the Animal Control Officer shall be fixed by the Mayor and Borough Council.
[Amended 2-28-2007 by Ord. No. 2007-3; 11-17-2008 by Ord. No. 2008-07]
A. 
Causes for impounding. The Animal Control Officer shall take into custody and impound, or cause to be taken into custody and impounded, any of the following dogs or cats:
(1) 
Any dog or cat off the premises of the owner or of the person keeping or harboring said dog or cat which said official or his agent or agents have reason to believe is a stray dog or cat;
(2) 
Any dog or cat off the premises of the owner or of the person keeping or harboring said dog or cat without a current registration tag on his collar;
(3) 
Any female dog or cat in season off the premises of the owner or of the person keeping or harboring said dog or cat;
(4) 
Any dog, cat or other animal which is suspected to be rabid;
(5) 
Any dog, cat 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.
B. 
Access to premises. Any officer or agent authorized or empowered to perform any duty under this article is hereby authorized to go upon any premises to seize for impounding any dog or cat which he may lawfully seize and impound when such officer is in immediate pursuit of such dog or cat, except upon the premises of the owner of the dog or cat if the owner is present and forbids the same.
C. 
Notice of seizure. If any dog or cat so impounded or seized wears a registration tag, collar or harness having inscribed thereon or attached thereto the name and address of any person, or the owner of or the person keeping or harboring the dog or cat is known, the Animal Control Officer shall immediately serve on the person whose address is given on the collar, or on the person owning, keeping or harboring the dog or cat, a notice, in writing, stating that the dog or cat has been seized and will be liable to be disposed of or destroyed if not claimed within seven days after service of the notice. A notice under this subsection 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 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.
D. 
Disposition of unclaimed dogs or cats. The Animal Control Officer is authorized and empowered to cause the adoption or destruction in as humane a manner as possible of any unclaimed dog or cat, under any of the following contingencies.
(1) 
When any dog or cat so seized has not been claimed by the person owning, keeping or harboring such dog or cat within seven days after notice, or within seven days of the dog's or cat's detention when notice has not been or cannot be given, as set forth in the previous subsection.
(2) 
If the person owning, keeping or harboring any dog or cat so seized has not claimed the dog or cat and has not paid all expenses incurred by reason of its detention, including maintenance, not to exceed $4 per day.
(3) 
If the seized dog or cat is unlicensed at the time of its seizure and the person owning, keeping or harboring such dog or cat has not produced a license and registration tag as provided in this article.
[Amended 2-28-2007 by Ord. No. 2007-3; 11-17-2008 by Ord. No. 2008-07]
No person shall own, keep or harbor a dog or cat in the Borough except in compliance with the provisions of this article and the following regulations:
A. 
Wearing of registration. All dogs and cats which are required by the provisions of this article to be licensed shall wear a collar or harness with the registration tag for such dog or cat 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 any dog or cat without the consent of the owner, nor shall any person attach a registration tag to a dog or cat for which it 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 article.
D. 
Disturbing the peace. No person shall own, keep, harbor or maintain any dog or cat which habitually barks or cries.
E. 
Running at large. No person owning, keeping or harboring any dog or cat shall suffer or permit it to run at large upon the public streets or in any public park, public building or other public place within the Borough.
F. 
Leashing of dogs and cats. No person owning, keeping or harboring any dog or cat shall suffer it to be upon the public streets or in any of the public places in the Borough unless such dog or cat is accompanied by a person over the age of 12 years and is securely confined and controlled by an adequate leash not more than eight feet long.
G. 
Property damage. No person owning, keeping or harboring a dog or cat shall permit or suffer it to do any injury, or to do any damage to any lawn, shrubbery, flowers, grounds or property.[1]
[1]
Editor's Note: Original § 52-9, Procedure upon determination of dog bites, which immediately followed this section, was deleted 2-28-2007 by Ord. No. 2007-3.
[Amended 2-28-2007 by Ord. No. 2007-3; 11-17-2008 by Ord. No. 2008-07]
The Council shall have the power to appoint an Animal Control Officer whose duty it shall be to enforce the provisions of this article. The Council shall also have the power to appoint one or more persons, to be known as “Animal Control Officer,” who may impound unlicensed dogs or cats running at large in violation of the provisions of this article and who shall make a monthly and annual report to the Council.
[Added 3-13-1991 by Ord. No. 91-2; amended 11-17-2008 by Ord. No. 2008-07]
No person owning, keeping, harboring, walking, keeping or in charge of any dog or cat shall cause, suffer, permit or allow such dog or cat to soil, defile, defecate on or commit any nuisance on any common thoroughfare, street or sidewalk or upon any private property. If any such person shall permit such dog or cat to soil, defile, defecate on or commit any nuisance on the areas aforesaid he shall immediately remove and dispose of all feces and droppings deposited by such dogs or cats, which removal shall be in a sanitary manner by a shovel, container, disposal bag, etc. The dog or cat owner shall maintain his own property in a sanitary manner in order to prevent any noxious odors or any other public health nuisance to neighbors.
[1]
Editor's Note: See also Art. VIII, Pet Waste, of Chapter 343.
[Added 3-13-1991 by Ord. No. 91-2; amended 2-28-2007 by Ord. No. 2007-3]
Except as provided in N.J.S.A. 4:19-15.1 et seq., any person violating this article shall be subjected to the penalties in Chapter 1, Article I, General Penalty.