[Ord. No. 2012-02]
For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
ANIMAL HOSPITAL
Shall mean any place where dogs, cats or other domestic animals, belonging to anyone other than the owner tenants, or occupants of such place are for hire, kept, maintained or harbored for observation or treatment.
CAT
Shall mean any cat, female or male, or spayed female.
CAT OF LICENSING AGE
Shall mean any cat which has obtained the age of seven (7) months.
CHICKENS AND OTHER POULTRY
Shall mean chickens, turkeys, guineafowl, peafoul, quail, grouse, chukars, pheasant, ratities and waterfowl, regardless of age or gender, with the exception of doves and pigeons.
DOG
Shall mean any dog, bitch or spayed bitch.
DOG OF LICENSING AGE
Shall mean any dog which has obtained the age of seven (7) months.
GOVERNING BODY
Shall mean the Mayor and Common Council of the Borough of Flemington.
IMMEDIATE
Shall mean that the pet solid waste is removed at once, without delay.
KENNEL
Shall mean any establishment wherein or whereon the business of boarding or selling cats or dogs or breeding cats or dogs for sale is carried on except in a pet shop.
MUNICIPALITY
Shall mean the Borough of Flemington.
OWNER/KEEPER
Shall mean any person who shall possess, maintain, house or harbor any pet or otherwise have custody of any pet, whether or not the owner of such pet.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
PET
Shall mean a domesticated animal (other than a disability assistance animal) kept for amusement or companionship.
PET SHOP
Shall mean any room or group of rooms, cage or exhibition pen, not part of a kennel, wherein dogs or cats for sale are kept or displayed.
PET SOLID WASTE
Shall mean waste matter expelled from the bowels of the pet; excrement.
POUND
Shall mean an establishment for the confinement of dogs or cats seized under the provisions of this chapter or otherwise.
PROPER DISPOSAL
Shall mean placement in a designated waste receptacle, or other suitable container, and discarded in a refuse container which is regularly emptied by the municipality or some other refuse collector; or disposal into a system designed to convey domestic sewage for proper treatment and disposal.
SHELTER
Shall mean any establishment where animals are received, housed and distributed.
THE WORDS "AND" AND "OR"
May be used interchangeably, and either of the two may be applicable, whichever is more conducive toward the implementation of this chapter.
[Ord. No. 2012-02; amended 2-8-2021 by Ord. No. 2021-3; 11-27-2023 by Ord. No. 2023-29]
a. 
The person applying for the license shall pay a State registration fee of $1.20 for State Pilot Program for a one-year registration tag for each dog and cat; and for each renewal, the fee for the license and for the registration/pilot program tag shall be the same as for the original license and tag; and said licenses, registration tag and renewal(s) thereof shall expire no later than January 31 following the year stated on the license.
b. 
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 here and above provided for, except that the owner or keeper of such dog shall not be required to pay any fee therefor.
c. 
License forms and uniform metal registration tags shall be furnished by the municipality.
d. 
In addition to the fees charged pursuant to paragraph a of subsection 6-2.2 and Section 6-5, any person applying for the license and registration tag pursuant to subsection 6-2.1 shall pay a fee of $3 for any dog or cat of reproductive age which has not had its reproductive capacity permanently altered through sterilization.
e. 
The owner of any dog or cat that is applying for a license after January 31 of the issuing year, will be charged a late fee of $15 per animal.
[Ord. No. 2012-02]
a. 
The owner of any newly acquired dog or cat of licensing age or of a dog or cat which attains licensing age shall make application for a license and registration tag for such dog or cat within ten (10) days after such acquisition of age attainment.
b. 
The application shall state the breed, sex, age, color and markings of the dog or cat for which license and registration are sought, and whether it is of long or short haired variety; also the name, street and post office address of the owner and the person who shall keep or harbor such dog or cat. The applicant shall provide suitable proof that the animal to be licensed and registered has been inoculated with rabies vaccine.
[Ord. No. 2012-02]
a. 
Any person who shall bring or cause to be brought into the municipality any dog or cat licensed in another State for the current year, and bearing a registration tag, and shall keep the same or permit the same to be kept within the Borough for a period of more than ninety (90) days, shall immediately apply for a license and registration tag for each such dog or cat unless the same be licensed under § 6-3.1 of this chapter.
b. 
Any person who shall bring or cause to be brought into the municipality any unlicensed dog or cat and shall keep the same or permit the same to be kept within the municipality for a period of more than ten (10) days shall immediately apply for a license and registration tag for each such dog or cat to be licensed pursuant to § 6-3.1 of this chapter.
[Ord. No. 2012-02]
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.
[Ord. No. 2012-02]
Any person who keeps or operates or proposes to establish a kennel, pet shop, shelter, pound or animal hospital shall apply to the Borough Clerk for a license entitling him to keep or operate such establishment. The application shall describe the premises where the establishment is located or is proposed to be located, the purpose or purposes for which it is to be maintained, and shall be accompanied by the written approval of the Borough of Flemington Board of Health, showing compliance with local and State rules and regulations governing location of and sanitation at such establishment. All licenses issued for a kennel, pet shop, shelter, pound or animal hospital shall state the purpose for which the establishment is maintained and all such licenses shall expire on the last day of June of each year, and be subject to revocation by the Borough of Flemington on recommendations from the State Department of Health for failure to comply with the rules and regulations of the State Department or local board governing the same after the owner has been afforded a hearing by either the State Department or local board. Any person holding such license shall not be required to secure individual licenses for dogs or cats owned by such licensee and kept at such establishment; such licenses shall not be transferable to another owner or different premises.
[Ord. No. 2012-02]
The annual license fee for a kennel providing accommodations for ten (10) or less dogs or cats shall be ten ($10.00) dollars and for more than ten (10) dogs or cats, twenty-five ($25.00) dollars. The annual license fee for a pet shop shall be ten ($10.00) dollars. No fee shall be charged for a shelter, a pound or an animal hospital.
[Ord. No. 2012-02]
No dog or cat kept in a kennel, pet shop, shelter, pound, or animal hospital shall be permitted off such premises, except on a leash or in a crate or other safe control.
[Ord. No. 2012-02; amended 11-27-2023 by Ord. No. 2023-29]
The fee for an annual dog or cat license and each renewal thereof as required by subsection 6-2.2 of this chapter is as follows:
Neutered dog:
$12
Neutered cat:
$12
Not neutered dog:
$15
Not neutered cat:
$15
[Ord. No. 2012-02]
The Clerk of the Borough shall forward to the State Department of Health a list of all kennels, pet shops, shelters, pounds, and animal hospitals licensed within thirty (30) days after the licenses therefor are issued, which list shall include the name and address of the licensee and the kind of license issued.
[Ord. No. 2012-02]
The slaughter of animals for the purpose of selling the meat, hide or other animal product shall be prohibited, unless otherwise specified. The slaughter or subsequent processing of the animal, conducted for any purpose, shall not be visible from any neighboring property, neighboring unit, or public right-of-way.
[Ord. No. 2012-02]
The yard in the area where the animal shelter and fencing is located shall be in a neat and sanitary condition so as to deter vermin and odors.
[Ord. No. 2012-02]
Persistent odors from animals or their housing or solid waste which interferes with the enjoyment of life or use of property shall not be discernible at or beyond any property line.
[Ord. No. 2012-02]
a. 
A maximum of six (6) chickens or poultry may be kept on any one property.
b. 
Roosters shall be prohibited.
c. 
Chickens and other poultry shall be provided an enclosure which is covered, ventilated, and predator/rodent resistant. Said enclosure shall provide a minimum of four (4) square feet per bird when outdoor space of equal or greater space is provided or ten (10) square feet per bird where outdoor space of equal or greater space is not provided.
d. 
The fenced run shall be well drained so that there is no accumulation of moisture. The floors and walls of the chicken shelter or coop shall be kept in a clean and sanitary condition, with all droppings collected at least weekly. Animal solid waste shall be kept in a covered and secured container until composted, applied as fertilizer or transported off-premises.
[Ord. No. 2012-02; amended 4-23-2018 by Ord. No. 2018-5]
The Mayor and Common Council of the Borough shall annually appoint an Animal Control Officer.
[Ord. No. 2012-02]
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 by law:
a. 
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;
b. 
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;
c. 
Any female dog or cat in season off the premises of the owner or of the person keeping or harboring said dog or cat;
d. 
Any dog, cat or other animal which is suspected to be rabid;
e. 
Any dog, cat or other animal off the premises of the owner reported to, or observed by, the 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;
f. 
Any animal running at large, or unleashed, off the premises of the owner and not on a leash accompanied by the owner or the owner's representative exercising authority and control over said dog or cat.
[Ord. No. 2012-02]
If any animals so seized wear 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 dog or cat is known, the Animal Control Officer, shall forthwith serve on the person whose name is given on the collar, or on the owner or 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 disposed of 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 given address 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 to the address given on the collar.
[Ord. No. 2012-02; amended 4-23-2018 by Ord. No. 2018-5]
a. 
The owner or person keeping or harboring any dog or cat so seized is responsible for all expenses incurred by reason of the animal's detention, including but not limited to maintenance at the rate being charged by the facility for each day of detention.
b. 
When any dog or cat so seized has been detained for seven days after notice, when notice can be given as above set forth; or has been detained for seven days after seizure, when no notice has been given as above set forth; and if the dog or cat be unlicensed at the time of seizure and the person or persons keeping or harboring said dog or cat has not produced a license and registration tag for said dog or cat, the Animal Control Officer may cause the dog or cat 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. No dog or other animal so caught and detained or procured, obtained, sent or brought to a pound or shelter shall be sold or otherwise made available for the purpose of experimentation. Any person who sells or otherwise makes available any such dog or other animal for the purpose of experimentation shall be guilty of a disorderly persons offense.
[Ord. No. 2012-02]
The Animal Control Officer or his agent is hereby authorized to go upon any premises to seize for impounding any dog, dogs, cat or cats which he may lawfully seize or impound when such Officer is in immediate pursuit of such animals, except upon the premises of the owner of the dog or cat if said owner is present and forbids the same.
[Ord. No. 2012-02]
No person shall hinder, molest or interfere with anyone authorized or empowered to perform any duty under this chapter.[1]
[1]
Editor's Note: Former § 6-8.7, Restriction on Number of Dogs or Cats to be Kept, adopted by Ord. No. 2012-02, which immediately followed this subsection, was repealed 2-8-2021 by Ord. No. 2021-3.
[Ord. No. 2012-02]
All animal owners and keepers are required to immediately and properly dispose of their animal's solid waste deposited on any property, public or private, not owned or possessed by that person.
a. 
Exemptions. Any owner or keeper who requires the use of a disability assistance animal shall be exempt from the provisions of this section while such animal is being used for that purpose.
b. 
Enforcement. The provisions of this section shall be enforced by the Police Department and/or Board of Health or its designee of Borough of Flemington.
c. 
Penalties. Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine not to exceed five hundred ($500.00) dollars for each violation.
[Ord. No. 2012-02]
No person who is owner of an animal shall suffer or permit such animal to:
a. 
Soil or defile or do any injury or damage to any lawn, vegetable garden, shrubbery, trees, flowers, driveway, ground or any property of persons other than the owner or person having the care, custody or control of such dog or cat;
b. 
Cause any injury to any person;
c. 
Bark, cry, whine, howl or otherwise disturb the peace or quiet of the neighborhood or sleep of any person for any unreasonable length of time;
d. 
Be or become a public nuisance or to create a condition hazardous to safety and health; the habitual barking, howling, whining, or crying of an animal in the Borough of Flemington is hereby declared to be a disturbing noise within the meaning of N.J.S.A. 40:48-1(8) and a nuisance;
e. 
Run at large or unleashed, off the premises of the owner and not on a leash accompanied by the owner or the owner's representative exercising authority and control over the animal;
f. 
Any person found guilty for the violation of any provision of § 6-10 may be fined up to five hundred ($500.00) dollars or imprisoned in the County jail for a period not exceeding ninety (90) days, or both.
[Ord. No. 2012-02]
a. 
Any person who violates or fails or refuses to comply with this chapter shall be liable to a penalty of not less than fifty ($50.00) dollars nor more than five hundred ($500.00) dollars for each offense to be recovered by and in the name of the municipality.
b. 
Any person who violates or fails or refuses to comply with § 6-8.7 may be fined up to five hundred ($500.00) dollars or imprisoned in the County jail for a period not exceeding ninety (90) days, or both.
[Ord. No. 2012-02]
In addition to the enforcement powers specifically set forth in this chapter, any person, including, but not limited to, the Animal Control Officer, shall have the power and authority to file and prosecute Municipal Court complaints alleging a violation of § 6-2.1, Subsection a of § 6-2.3, subsections 6-2.4, 6-2.5, 6-3.1, 6-3.3, 6-8.6, 6-8.7 or sections 6-9 or 6-10.
[Ord. No. 2012-02]
As used in this section:
ANIMAL CONTROL OFFICER
Shall mean a certified municipal Animal Control Officer or, in the absence of such an officer, the chief law enforcement officer of the municipality or his designees as defined in N.J.S.A. 4:19-15.1.
DEPARTMENT
Shall mean the Department of Health.
DOG
Shall mean any dog or dog hybrid.
DOMESTIC ANIMAL
Shall mean any cat, dog or livestock other than poultry.
N.J.S.A.
Shall mean the cited Annotated New Jersey Statute (N.J.S.A.) as enacted on the date of adoption of this section (March 12, 2012) and any subsequent amendments to the New Jersey Statute adopted hereafter.
POTENTIALLY DANGEROUS DOG
Shall mean any dog or dog hybrid declared potentially dangerous by a municipal court pursuant to N.J.S.A. 4:19-23.
VICIOUS DOG
Shall mean any dog or dog hybrid declared vicious by Municipal Court pursuant to N.J.S.A. 4:19-22.
[Ord. No. 2012-02]
The Animal Control Officer shall seize and impound a dog when the officer has reasonable cause to believe that the dog:
a. 
Attacked a person and caused death or serious bodily injury as defined in N.J.S.A. 2C:11-1(b) to that person;
b. 
Caused bodily injury as defined in N.J.S.A. 2C:11-1(a) to a person during an unprovoked attack and poses a serious threat of harm to persons or domestic animals;
c. 
Engaged in dog fighting activities as described in N.J.S.A. 4:22-24 and N.J.S.A. 4:22-26; or
d. 
Has been trained, tormented, badgered, baited or encouraged to engage in unprovoked attacks upon persons or domestic animals.
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.
[Ord. No. 2012-02]
a. 
The Animal Control Officer shall notify the Municipal Court and Municipal Health Office 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 pursuant to N.J.S.A. 4:19-19. If its owner cannot be identified within seven (7) days, that dog may be humanely destroyed.
b. 
The Animal Control Officer shall, within three (3) 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 (7) 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 (7) days, the dog may be humanely destroyed.
[Ord. No. 2012-02]
Notwithstanding any provision in N.J.S.A. 4:19-17 et seq. to the contrary, the municipality and the owner of the dog may settle and dispose of the matter at any time in such manner and according to such terms and conditions that may be mutually agreed upon. Notwithstanding any provision of N.J.S.A. 4:19-19 to the contrary, no municipality or any of its employees shall have any liability by virtue of having entered into any settlement agreement pursuant to this section, or for any action or inaction related to the entry into such agreement, for any injuries or damages caused thereafter by the dog. The municipality may as a condition of the settlement agreement also require that the owner of the dog hold the municipality harmless for any legal expenses or fees the municipality may incur in defending against any cause of action brought against the municipality notwithstanding the prohibition against such causes of action set forth in this section.
[Ord. No. 2012-02]
a. 
The Municipal Court shall declare the dog vicious if it finds by clear and convincing evidence that the dog:
1. 
Killed a person or caused serious bodily injury as defined in N.J.S.A. 2C:11-1(b) to a person; or
2. 
Has engaged in dog fighting activities described in N.J.S.A. 4:22-24 and N.J.S.A. 4:22-26.
b. 
A dog shall not be declared vicious for inflicting death or serious bodily injury as defined in N.J.S.A. 2C:11-1(b) upon a person if the dog was provoked. The municipality shall bear the burden of proof to demonstrate that the dog was not provoked.
c. 
If the Municipal Court declares a dog to be vicious and no appeal is made of this ruling pursuant to N.J.S.A. 4:19-26, the dog shall be destroyed in a humane and expeditious manner, except that no dog may be destroyed during the pending of an appeal.
[Ord. No. 2012-02]
a. 
The Municipal Court shall declare a dog to be potentially dangerous if it finds it to be clear and convincing evidence that the dog:
1. 
Caused bodily injury as defined in N.J.S.A. 2C:11-2(a) to a person during an unprovoked attack; and poses a serious threat of bodily injury or death to a person; or
2. 
Severely injured or killed another domestic animal and
(a) 
Poses a threat of serious bodily injury or death to a person; or
(b) 
Poses a threat to another domestic animal; or
3. 
Has been trained, tormented, badgered, baited or encouraged to engage in unprovoked attacks upon persons or domestic animals.
b. 
A dog shall not be declared potentially dangerous for:
1. 
Causing bodily injury as defined in N.J.S.A. 2C:11-1(a) to a person if the dog was provoked; or
2. 
Killing a domestic animal if the domestic animal was the aggressor. For the purposes of Subsection b1 of this subsection, the municipality shall bear the burden of proof to demonstrate that the dog was not provoked.
[Ord. No. 2012-02]
If the Municipal Court declares the dog to be potentially dangerous, it shall issue an order and schedule for compliance which, in part:
a. 
Shall require the owner to comply with the following conditions:
1. 
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 N.J.S.A. 4:19-30. 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;
2. 
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 fifty (50) feet of the enclosure required pursuant to Subsection a3 of the subsection;
3. 
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 (6) feet in height separated by at least three (3) 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 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 (3) feet from the owner and under the direct supervision of the owner.
b. 
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.
[Ord. No. 2012-02]
The owner of the dog, or the Animal Control Officer in the municipality in which the dog was impounded, may appeal any final decision, order or judgment, including any conditions attached thereto, of a Municipal Court pursuant to N.J.S.A. 4:19-17 et seq. by filing an appeal with the Superior Court, Law Division, in accordance with the Rules Governing the Courts of the State of New Jersey pertaining to appeals from courts of limited jurisdiction. The Superior Court shall hear the appeal by conducting a hearing de novo in the manner established by those rules for appeals from courts of limited jurisdiction.
[Ord. No. 2012-02]
a. 
If a dog is declared vicious or potentially dangerous and all appeals pertaining hereto 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 destroying the dog. The owner shall pay the actual costs incurred by the municipality for such costs and expenses. The owner shall incur the expense of impounding the dog in a facility other than the municipal depository, 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 ten (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.
[Ord. No. 2012-02]
The owner of a potentially dangerous dog shall:
a. 
Comply with the provisions of N.J.S.A. 4:19-17 et seq. in accordance with a schedule established by the Municipal Court, but in no case more than sixty (60) days subsequent to the date of determination.
b. 
Notify the licensing authority, local Police Department 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 and the Animal Control Officer within twenty-four (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 sale or donation of the dog to a person residing in a different municipality, notify the Department and the licensing authority, Police Department and Animal Control Officer of that municipality of the transfer of ownership and the name, address and telephone number of the new owner.
f. 
In addition to any license fee required pursuant to N.J.S.A. 4:19-15.3, pay a potentially dangerous dog license fee to the municipality as provided by N.J.S.A. 4:19-31.
[Ord. No. 2012-02]
The owner of a potentially dangerous dog, who is found by clear and convincing evidence to have violated this section (§ 6-13, Potentially Dangerous Dogs and Vicious Dogs) 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 one thousand ($1,000.00) dollars 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. The Animal Control Officer authorized to seize and impound any potentially dangerous dog whose owner fails to comply with provisions of N.J.S.A. 4:19-17 et seq., 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.
[Ord. No. 2012-02]
Each municipality shall:
a. 
Issue a potentially dangerous dog registration number and red identification tag along with a municipal potentially dangerous dog license upon a demonstration of sufficient evidence by the owner to the Animal Control Officer that he has complied with the Court's orders. The last three (3) digits of each potential 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 other official designated to license dogs.
b. 
Publish a telephone number for reporting violations of this section. This telephone number shall be forwarded to the New Jersey Department of Health and any changes in this number shall be reported immediately to the New Jersey Department of Health.
[Ord. No. 2012-02]
Each person who shall own, possess, keep or harbor any potentially dangerous dog or dogs shall obtain an annual license for each dog and shall have the same registered and numbered through the Animal Control Officer and/or person designated in the Borough Clerk's office, and for such license shall pay the sum of five hundred ($500.00) dollars, as a license fee for each and every potentially dangerous dog. Said license fee shall be in lieu of the license fee required pursuant to § 6-2.2 of the Revised Ordinances of the Borough of Flemington.
[Ord. No. 2012-02]
All fines and fees collected or received by the Borough pursuant to this section shall be deposited in a special account and used by the Borough to administer and enforce the provisions of this section.