[Ord. No. 661 § 1]
As used herein, the following words shall have the meanings
set forth below:
Shall mean any dog, bitch, neutered dog or spayed bitch.
Shall mean any dog which has attained the age of seven (7)
months or which possesses a set of permanent teeth.
Shall mean any establishment wherein or whereon the business
of boarding or selling dogs or breeding dogs for sale is carried on,
except a pet shop.
When applied to the proprietorship of a dog, shall mean and
include every person having a right of property in any dog and every
person who has a dog in his keeping, and shall also include any person
exercising control over a dog or permitting a dog to remain on premises
under his control.
Shall mean any room or group of rooms, cage or exhibition
pen, not part of a kennel, wherein dogs for sale are kept or displayed.
Shall mean an establishment for the confinement of dogs seized
either under the provisions of this act or otherwise.
Shall mean any establishment where dogs are received, housed
and distributed.
Shall have the meaning ascribed by P.L. 189 c. 307 as amended.
[Ord. No. 661 § 2]
License shall be required for the following dogs of licensing
age:
a.
Any dog owned or kept within the Borough by a resident of the Borough
on the first day of January of any calendar year.
b.
Any dog acquired by any person during the course of any calendar
year and kept within the Borough for more than ten (10) days after
acquisition.
c.
Any dog attaining licensing age during the course of the calendar
year.
d.
Any unlicensed dog brought into the Borough by any person and kept
within the Borough for more than ten (10) days.
e.
Any dog licensed by another State brought into the Borough by any
person and kept within the Borough for more than ninety (90) days.
[Ord. No. 661 § 2]
An applicant for a license under this section shall give the
following information:
a.
A general description of the dog sought to be licensed, including
breed, sex, age, color and markings, name, and whether the dog is
of a long or short haired variety.
b.
Name, street and post office address of the owner of the dog, telephone
number (home and business), and the person who shall keep such dog,
if other than the owner.
c.
Registration numbers shall be issued in the order in which applications
are received.
[Ord. No. 661 § 2]
No Municipal Clerk shall grant any such license and official
metal registration tag for any dog unless the owner thereof provides
evidence that the dog to be licensed and registered has been inoculated
with a rabies vaccine of a type approved by and administered in accordance
with the recommendations of the United States Department of Agriculture
and the United States Department of Health, Education and Welfare,
or has been certified exempt as provided by regulations of the State
Department of Health. Such vaccination shall be repeated at intervals
as provided by regulations of the State Department of Health, and
shall be administered by a duly licensed veterinarian or by such other
veterinarian permitted by law to do the same.
[Ord. No. 661 § 2]
Applications for licenses for dogs which are required to be
licensed by the provisions of this section shall be made before the
first day of February of each calendar year. In all other cases, the
application for a license shall be made within ten (10) days of the
date upon which the dog in question first becomes subject to the provisions
of this section.
[Ord. No. 661 § 2; Ord. No. 875; Ord. No.
963]
Effective March 1, 2012.
The person applying for the license shall pay a fee in accordance
with the following schedule:
a.
For the Calendar Year 2012. The person applying for the license shall
pay a fee of twelve dollars and eighty ($12.80) cents for each dog.
He/She shall also pay one dollar and twenty ($1.20) cents for the
registration tag for each dog as required by the State of New Jersey.
An additional tag fee of three ($3.00) dollars will be charged if
the owner does not produce a certificate of alteration for his/her
dog.
b.
For the Calendar Year 2013. The person applying for the license shall
pay a fee of nineteen dollars and eighty ($19.80) cents for each dog.
He/She shall also pay one dollar and twenty ($1.20) cents for the
registration tag for each dog as required by the State of New Jersey.
An additional tag fee of three ($3.00) dollars will be charged if
the owner does not produce a certificate of alteration for his/her
dog. The same fees shall be charged for each annual renewal of each
license until such time as that fee may be changed by ordinance.
[Ord. No. 661 § 2]
Each dog 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.
[Ord. No. 661 § 2]
The provisions of this section shall not apply to any dog licensed under Section 8-2. Dogs used as guides for blind persons commonly known as "seeing eye" dogs and dogs used for deaf persons commonly known as "hearing ear" dogs shall be licensed and registered as other dogs hereinbefore provided for, except that the owners or keeper of such dog will not be required to pay any fee therefor.
[Ord. No. 661 § 2; Ord. No. 875]
[Ord. No. 661 § 3]
Any person who keeps or operates or proposes to establish a
kennel, a pet shop, a shelter or a pound, shall apply to the Borough
Clerk for a license entitling him to keep or operate such establishment.
Any person holding such license shall not be required to secure individual
licenses for dogs owned by such licensee and kept at such establishment,
such license shall not be transferable to another owner or different
premises.
[Ord. No. 661 § 3]
The application shall contain the following information:
a.
The name and permanent and local address of the applicant, and telephone
number (home and business).
b.
The street address where the establishment is located, or proposed
to be located, together with a general description of the premises.
c.
The purpose for which it is to be maintained.
d.
The maximum number of dogs to be accommodated by such establishment
at any one (1) time.
[Ord. No. 661 § 3]
No license shall be issued until the proposed licensee submits
a written statement from the Health Officer of the Board of Health
that the establishment or proposed establishment complies with the
local and State rules governing the location of and sanitation at
such establishment.
[Ord. No. 661 § 3]
All licenses issued for a kennel, pet shop, shelter or pound
shall state the purpose for which the establishment is maintained
and all such licenses shall expire on the last day of January of each
year.
[Ord. No. 661 § 3]
The annual fees for kennel or pet shop license shall be as follows:
a.
|
Kennel accommodating ten (10) or less dogs
|
$10.00
|
b.
|
Kennel accommodating more than ten (10) dogs
|
25.00
|
c.
|
Pet shop
|
10.00
|
d.
|
Shelter or pound
|
No Fee
|
[Ord. No. 661 § 3]
All licenses issued for a kennel, pet shop, shelter or pound
shall be subject to revocation by the Borough Council on recommendation
of the State Department of Health or the Borough Board of Health for
failure to comply with the rules and regulations of the State Department
of Health or the Borough Board of Health, after the owner has been
afforded a hearing by either the State Department of Health or the
Borough Board of Health.
Any person holding a license to establish, keep or operate a
kennel, pet shop, shelter or pound shall comply with all Borough ordinances
and the rules and regulations promulgated by the State Department
of Health governing the sanitary conduct and operation of kennel,
pet shops, shelters and pounds, the preservation of sanitation therein
and the prevention of the spread of rabies and other diseases of dogs
within and from such establishments.
[Ord. No. 661 § 3]
The Borough Clerk shall forward to the State Department of Health
a list of all kennels, pet shops, shelters or pounds 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. 661 § 3]
No dog kept in a kennel, pet shop, shelter or pound shall be
permitted off such premises, except on a leash or a crate or other
safe control.
[Ord. No. 661 § 4]
License fees and other moneys collected or received under the
provisions of this chapter shall be forwarded to the Treasurer of
the Borough within two (2) days after collection or receipt.
[Ord. No. 661 § 5]
The Animal Control Officer or such officer as may be designated
by the Borough Council shall annually cause a canvass to be made of
the dogs owned, kept or harbored within the limits of the Borough,
and shall report to the Clerk, the Borough Board of Health and the
State Board of Health the results thereof, setting forth in separate
columns the names and addresses of persons owning, keeping or harboring
such dogs, the number of licensed dogs owned, kept or harbored by
such person, together with the registration number of each dog and
the number of unlicensed dogs owned, by each person together with
a complete description of the unlicensed dog.
[Ord. No. 661 § 6]
It shall be the duty of the Animal Control Officer and/or the
Chief of Police to receive and investigate any complaints against
dogs. Any complaint against an allegedly vicious dog or alleged potentially
dangerous dog shall be administered in accordance with P.L. 189, c.
207 (1) et seq. (N.J.S.A. 4:19-18), as amended. A written report of
the findings shall be delivered to the Municipal Court Clerk.
[Ord. No. 661 § 6]
The Animal Control Officer or the Chief of Police (or designated
Police Officer) shall issue a notice of violation of this chapter
to the owner or person keeping the allegedly vicious dog or allegedly
potentially dangerous dog. The Municipal Court Clerk shall notify
in writing the owner of an allegedly vicious dog or allegedly potentially
dangerous dog that a complaint has been made and require that such
person appear before him at a stated time and place for a hearing.
The Municipal Judge shall conduct the hearing in the same manner as
he would conduct the trial of a criminal case. If the Municipal Judge
decides that the dog complained of is a vicious dog, he shall so notify
the owner of the dog.
[Ord. No. 661 § 6]
No person owning or keeping a dog which has been determined
to be a vicious dog shall permit such dog to be off the property of
the owner or keeper without being securely muzzled and leashed.
[Ord. No. 661 § 7]
The Chief of Police and/or the Animal Control Officer of the
Borough shall take into custody and impound, or cause to be taken
into custody and impounded any of the following dogs:
a.
An unlicensed dog running at large in violation of the provisions
of this chapter.
b.
Any dog off the premises of the owner or which the Chief of Police
and/or the Animal Control Officer or their agent has reason to believe
is a stray dog.
c.
Any dog off the premises of the owner or of the person keeping or
harboring the dog without a current registration tag on its collar.
d.
Any female dog in season off the premises of the owner or of the
person keeping or harboring such dog.
e.
Any dog which has been determined to be a vicious dog as provided
in subsection 8-5.2. If vicious dogs cannot be seized with safety
they may be killed.
[Ord. No. 661 § 7]
Any officer or agent authorized or empowered to perform any
duty under this chapter is authorized to go upon any premises to seize
for impounding any dog which he may lawfully seize and impound when
he is in immediate pursuit of such dog, except upon the premises of
the owner of the dog if the owner is present and forbids it.
[Ord. No. 661 § 7]
If any dog impounded or seized wears a registration tag, collar
or harness having inscribed on or attached to it the name and address
of any person or the owner of the dog, the Chief of Police and/or
Animal Control Officer shall immediately serve on the person whose
address is given on the collar or on the person owning the dog, 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
(7) days after the 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.
[Ord. No. 661 § 7]
a.
No dog will be released to its owner after having been seized in
accordance with the provisions of this chapter until all costs and
expenses incurred by reason of its detention, including without limitation
any boarding fees, have been paid to the Borough.
b.
When any dog has been seized in accordance with the provisions of this chapter and has been detained for seven (7) days after such notice, when notice can be given as set forth in subsection 8-7.3, or has been detained for seven (7) days after seizure, when no notice can be given as set forth in subsection 8-7.3 because the dog is not wearing a registration tag, and if the owner or person keeping or harboring the dog has not claimed the dog and paid all expenses incurred by reason of its detention, as provided in subsection 8-7.4a and if the dog is unlicensed at the time of seizure and the owner or person keeping or harboring the dog has not produced a license and registration tag for the dog, the Police Chief and/or the Animal Control Officer may cause the dog to be destroyed in as humane a manner as possible or otherwise disposed of. 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 person's offense. The owner shall remain liable to the Borough for all costs and expenses incurred by reason of its detention and/or disposition in accordance with this section.
[Ord. No. 661 § 8]
No person shall own, keep or harbor a dog in the Borough of
Peapack and Gladstone except in compliance with the provisions of
this chapter.
[Ord. No. 661 § 8]
At the time of the issuance of each dog license, a metal registration
tag shall be issued for each dog licensed. Each licensed dog shall
wear a collar or harness with the registration tag securely fastened
to it.
[Ord. No. 661 § 8]
No person, except an officer in the performance of his duties,
shall remove a registration tag from the collar of any dog without
the consent of the owner, nor shall any person attach a registration
tag to a dog for which it was not issued.
[Ord. No. 661 § 8]
No person shall hinder, molest or interfere with anyone authorized
or empowered to perform any duty under this chapter.
[Ord. No. 661 § 8]
No person shall own, keep, harbor or maintain any dog which
habitually barks or cries in such a manner as to disturb any other
person, particularly between the hours of 10:00 p.m. and 6:00 a.m.
[Ord. No. 661 § 8]
No person owning, keeping or harboring any dog shall permit
it to run at large upon the public streets, in any public park, in
any public building, or in any other public place within the Borough,
nor shall any such person permit it to run at large upon the lands
of another without his permission.
[Ord. No. 661 § 8]
No person owning, keeping or harboring any dog shall permit
it to be upon the public street or in any of the public places of
the Borough unless such dog is accompanied by a person capable of
controlling it and is securely confined and controlled by an adequate
leash not more than six (6') feet long.
[Ord. No. 661 § 8]
No person owning, keeping or harboring a dog shall permit it
to do any injury, or to do any damage to any lawn, shrubbery, flowers,
ground or property.
[Ord. No. 661 § 8]
No dog owner shall permit a dog to soil, defile, defecate on
or commit 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, without having such feces immediately
removed and disposed of by the dog owner by any sanitary method.
[Ord. No. 661 § 8]
Enforcement of this chapter may be performed by the Animal Control
Officer, any Public Officer or any citizen suffering from a violation
of the chapter.
[Ord. No. 661 § 9]
Any person who shall violate any provision of this chapter upon
conviction thereof, shall forfeit and pay a fine of not less than
twenty-five ($25.00) dollars nor more than five hundred ($500.00)
dollars for each offense, except that for the first offense of failure
to secure a license, the penalty shall be not less than one ($1.00)
dollar and not more than fifty ($50.00) dollars.
[Ord. No. 661 § 10]
No person shall permit any horse, sheep, goat, cow or meat cattle
or swine to run at large upon any roads, streets, sidewalks, lanes,
alleys, squares or public grounds within the Borough, or pasture such
animals in these places.