[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.
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.
Shall mean any cat, female or male, or spayed female.
Shall mean any cat which has obtained the age of seven (7)
months.
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.
Shall mean any dog, bitch or spayed bitch.
Shall mean any dog which has obtained the age of seven (7)
months.
Shall mean the Mayor and Common Council of the Borough of
Flemington.
Shall mean that the pet solid waste is removed at once, without
delay.
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.
Shall mean the Borough of Flemington.
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.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean a domesticated animal (other than a disability
assistance animal) kept for amusement or companionship.
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.
Shall mean waste matter expelled from the bowels of the pet;
excrement.
Shall mean an establishment for the confinement of dogs or
cats seized under the provisions of this chapter or otherwise.
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.
Shall mean any establishment where animals are received,
housed and distributed.
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]
Any person who shall own, keep or harbor a dog or cat of licensing
age shall in January annually apply for and procure from the Clerk
of the municipality a license and official metal registration tag
for each such dog or cat so owned, kept or harbored, and shall place
upon each such dog or cat a collar or harness with the registration
tag securely fastened thereto.
[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]
All monies collected by the municipality shall be distributed
pursuant to applicable law.
[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]
No animal, whether domesticated or not, shall be permitted to
be free roaming. All animals shall be fenced and provided shelter.
[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]
Any animal shelter shall be ventilated and predator/rodent resistant.
[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]
Animals shall be kept in humane conditions not adverse to their
health or welfare.
[Ord. No. 2012-02]
[Ord. No. 2012-02]
The maximum weight of any single animal shall be fifty (50)
pounds.
[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;
[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:
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.
Shall mean the Department of Health.
Shall mean any dog or dog hybrid.
Shall mean any cat, dog or livestock other than poultry.
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.
Shall mean any dog or dog hybrid declared potentially dangerous
by a municipal court pursuant to N.J.S.A. 4:19-23.
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:
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:
[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]
If the Municipal Court finds that the dog is not vicious or
potentially dangerous, the Municipal Court shall retain the right
to convene a hearing to determine whether the dog is vicious or potentially
dangerous for any subsequent actions of the dog.
[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]
The Animal Control Officer shall inspect the enclosure and the owner's property at least monthly to determine continuing compliance with § 6-13.7 of this section.
[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.
[Ord. No. 2012-02]
The provisions of this section shall not apply to dogs used
for law enforcement activities.
