[Ord. #497; 1973 Code § 59-1]
a. Definitions. As used in this section:
DOG
Shall mean any dog, bitch or spayed bitch.
DOG OF LICENSING AGE
Shall mean any dog which has attained the age of seven (7)
months or which possesses a set of permanent teeth.
KENNEL
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.
OWNER
Shall mean when applied to the proprietorship of a dog, every
person having a right of property in such dog and every person who
has such dog in his keeping.
PET SHOP
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.
POUND
Shall mean an establishment for the confinement of dogs seized
either under the provisions of this section or otherwise.
RUN AT LARGE
Shall mean the running or standing of any dog on any street,
road or other public place, or on any private property where permission
has not been granted, unattended or not under the immediate control
of some responsible person able to control the dog, or not securely
confined and controlled by an adequate leash not more than six (6')
feet long.
b. Word Usage.
1. The words "and" and "or" may be used interchangeably, and either
of the two (2) may be applicable whichever is more conducive towards
the effectuating of this section.
2. Personal pronouns shall mean either the singular or the plural, whichever
is applicable and conducive towards effectuating this section.
[Ord. #497; Ord. #592; Ord. #683; Ord. #686; Ord. #720; 1973
Code § 59-2; Ord. #825, § 11; Ord. #836, § 1;
Ord. #37-89, § 11]
a. No person shall keep or harbor any dog within the Borough without
first obtaining a license and a registration tag therefor as herein
provided.
b. Any person who shall own, keep or harbor a dog of licensing age shall
annually apply for and procure from the Borough Clerk a license and
official metal registration tag for each such dog so owned, kept or
harbored, and shall place upon each such dog a collar or harness with
the registration tag securely fastened thereto.
c. Application for dog licenses and registration tags shall be made
during the month of May each year. Licenses and registration tags
shall expire on the last day of May of each year.
[Amended 12-19-2019 by Ord. No. 21-19]
d. On or before April 15 of each year a notice will be mailed to owners
of licensed dogs advising of the requirement to renew the license
by June 15 and that failure to do so will result in the assessment
of a late fee of $10. On June 15 a second mailing will be forwarded
advising that failure to renew the license by June 30 will result
in the issuance of a summons.
[Amended 12-19-2019 by Ord. No. 21-19]
e. The owner of any newly acquired dog of licensing age acquired after
May 31 shall apply for a dog license and registration tag within 10
days of the date of such acquisition. The owner of any dog which attains
licensing age after May 31 shall apply for a dog license and registration
tag within 10 days of the date when such dog attains licensing age.
[Amended 12-19-2019 by Ord. No. 21-19]
f. The fees and charges required under this section are contained in Chapter
90. Refer to "Fees for Chapter
5, Animal Control."
g. A separate license and registration tag shall be required for each
dog of licensing age.
h. Any person who shall bring or cause to be brought into the Borough any dog 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 unless such dog be licensed under Subsection
5-1.4. Any person who shall bring or cause to be brought into the Borough any unlicensed dog and shall keep the same or permit the same to be kept within the Borough for a period of more than ten (10) days shall immediately apply for a license and registration tag for each such dog, unless such dog be licensed under Subsection
5-1.4.
i. No licenses or registration tags shall be issued without certification by a duly licensed veterinarian of the State of New Jersey or such other person permitted by law to make the same and approved by the Borough Board of Health that such dog has been inoculated against rabies as provided under Subsection
5-1.13.
j. The application shall state the breed, sex, age, color and markings
of the dog for which the license and registration are sought, and
whether it is of a long- or short-haired variety; the date of which
such dog had been inoculated against rabies; and the name, street,
post office address, telephone number and email address of the owner
and the person who shall keep or harbor such dog. The information
on the application and the registration number issued for the dog
shall be preserved for a period of three years by the Borough Clerk
and shall at all times during the three-year period be available to
the Chief of Police of the Borough or any member of the Police Department,
the Pound Master or the designated agent of any humane society under
contract with the Borough for the enforcement of this section.
[Amended 12-19-2019 by Ord. No. 21-19]
k. License forms and uniform official registration tags designed by
the State Department of Health shall be issued and shall be serially
numbered and shall bear the year of issuance and the name of the Borough.
l. Registration numbers shall be issued in order of application.
m. The Borough Clerk shall forward to the State Department of Health
each month on forms furnished by the State Department of Health the
information required therein.
n. The owner
of a dog previously licensed which dog is deceased or no longer located
in the Borough shall advise the Borough Clerk within 30 days of such
death or relocation.
[Added 12-19-2019 by Ord. No. 21-19]
[Ord. #497; 1973 Code § 59-3; Ord. #03-01, § 1]
b. Any person owning, keeping or harboring an unlicensed dog of licensing age after the expiration of the normal registration period specified in Subsection
5-1.2, paragraphs c, e and h shall be subject to a summons for violation of this section and to a fine as hereafter provided.
[Ord. #497; Ord. #566; 1973 Code § 59-4]
a. The operation of a kennel or pet shop shall be considered a commercial
or business use of land and premises and shall not be located in any
zone where such use is not expressly permitted as a primary use under
the Land Development Regulations unless the proper municipal authority
shall expressly approve same.
b. Any person who keeps or operates or proposes to establish a kennel
or pet shop shall apply to the Borough Clerk for license therefor.
Each application shall describe the premises where the establishment
is located or proposed to be located, the purposes for which it is
to be maintained and shall be accompanied by the written approval
of the Borough Health Officer, showing compliance with the rules and
regulations governing the location and sanitation at such establishment
and by the written approval of the Borough Zoning Officer showing
compliance with the Borough Zoning Ordinance.
c. All licenses issued for a kennel or pet shop shall state the purpose
for which the establishment is maintained and all such licenses shall
expire on the last day of January each year and shall be subject to
revocation by the Borough Council on recommendation of the State Department
of Health or Borough Board of Health, after the owner has been afforded
a hearing by the State Department of Health or by the Borough Board
of Health.
d. All applications for kennel licenses and annual renewals thereof
must be made in the month of January. All applications for newly constructed
kennels or new pet shops must be made before the same are placed in
operation.
e. The annual license fees for a kennel providing accommodations for ten (10) dogs or less and for more than ten (10) dogs can be found in Chapter
90. The annual license fee for a pet shop can also be found in Chapter
90. No fee shall be charged for a pound.
f. No dog kept in a kennel, pet shop or pound shall be permitted off
such premises, except on a leash or in a crate or other safe control.
g. Any person holding such license shall not be required to secure individual
licenses for dogs owned by such licensee and kept at such establishments,
such licenses shall not be transferable to another owner or different
premises.
h. No kennel license shall be issued to a person who is not conducting
a business operation. No kennel license shall be issued as a device
for evading the obligation of obtaining individual dog licenses and
registration tags.
i. The Borough Clerk shall forward to the State Department of Health
a list of all kennels, pet shops and 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. #497; 1973 Code § 59-5]
a. License fees and other moneys collected or received under the provisions
of this section, except registration tag fees, shall be forwarded
to the Tax Collector of the Borough within thirty (30) days after
collection or receipt and shall be placed in a special account separate
from any of the other accounts of the Borough and shall be used for
collecting, keeping and disposing of dogs liable to seizure under
this section; for local prevention and control of rabies; for providing
antirabic treatment under the direction of the local Board of Health
for any person known or suspected to have been exposed to rabies;
for payment of damage to or losses of poultry and domestic animals,
except dogs and cats, caused by a dog or dogs; and for administering
the provisions of this section. Any unexpended balance remaining in
such special account shall be retained therein until the end of the
third fiscal year following and may be used for any of the purposes
set forth in this subsection. At the end of the third fiscal year
following, and at the end of each fiscal year thereafter, there shall
be transferred from such special account to the general fund of the
Borough any amount then in such account which is in excess of the
total amount paid into this special account during the last two (2)
fiscal years next preceding.
b. The registration tag fee for each dog shall be forwarded within thirty (30) days
after collection by the Clerk to the State Department of Health.
c. All penalties collected at the suit of the State Department of Health
shall be paid to the State Treasurer and all penalties collected at
the suit of the Borough Board of Health shall be paid to the Borough
Tax Collector.
[Ord. #497; 1973 Code § 59-6]
a. No person, except an officer in the performance of his duties, shall
move a registration tag from the collar of any dog without the consent
of the owner.
b. No person shall attach a registration tag to a dog for which it was
not issued.
[Ord. #497; 1973 Code § 59-7]
a. The Mayor shall either nominate and appoint or contract with a Poundmaster,
who may be a person or other designated authority, whose duty it shall
be to administer the provisions of this section. Nomination and appointment
or contract shall be subject to the advice and consent or approval
of the Borough Council.
b. The Borough Council shall have the power to appoint one (1) or more
persons, to be known as dogcatchers, who may impound unlicensed dogs
running at large in violation of the provisions of this section.
c. Compensation for Poundmaster, dogcatchers and other designated authority
shall be established either by contract between the Borough and such
designated authority by approval of the Borough Council or by the
Borough Salary Ordinance.
d. Municipal
Humane Law Enforcement Officers.
[Added 6-21-2018 by Ord. No. 21-18]
1. The position of municipal humane law enforcement officer(s) (MHLEO)
be and hereby is established.
2. The MHLEO may be employed by an outside contractor and it must be
the appointment of the individual, not the company. The appointment
is null and void if the individual leaves the employment of service.
3. Each county prosecutor must issue directives concerning municipal
human law enforcement officers.
4. While no state funds are being provided to accomplish any of this
state mandate, all summonses issued for violation of state animal
cruelty laws will be heard in municipal court and the fines, less
the State of New Jersey portion, will be to the municipality.
5. A basic background investigation will be required for the MHLEO and
there shall be proper identification to each municipal humane law
enforcement officer.
6. The Borough of Midland Park may designate its animal control officers
(either in-house or outside contractor) as humane law enforcement
officers.
7. A police officer will provide assistance should there be an issue
which may require an armed officer.
8. The MHLEO will be under the supervision of the Chief of Police or
the Chief's designee.
[Ord. #497; Ord. #566; 1973 Code § 59-8; Ord. #14-90,
§ 1]
a. No person shall keep or harbor any dog in the Borough except in compliance
with the provisions of this section.
b. No more than three dogs of licensing age shall be kept, maintained
or harbored at one time for any length of time in any residential
housing unit or on its grounds or in any business establishment or
on its grounds or in any industrial establishment or on its grounds.
This restriction shall not apply to properly licensed kennels, pet
shops and pounds.
[Amended 11-29-2018 by Ord. No. 28-18]
c. No person owning, harboring, keeping or in charge of any dog shall
cause, suffer or allow such dog to:
1. Soil, defile, defecate on, or commit any nuisance on any common driveway,
sidewalk, passage-way, bypass, play area, or upon any public property
or upon any private property without the permission of the owner of
the property. In the event of a violation occurring on private property,
only the owner of the property shall have standing to file a complaint
alleging a violation of this section. The restriction in this section
shall not apply to that portion of the street lying between the curb
lines which shall be used to curb such dog under the conditions that
the person or occupant who so curbs such dog shall immediately remove
all feces deposited by such dog by any sanitary method approved by
the Local Board of Health. The feces removed from the aforementioned
designated area shall be disposed of by the person owning, harboring,
keeping or in charge of any dog curbed in accordance with the provisions
of this chapter by placing the feces in a waterproof container, properly
sealed, and placed in a garbage container, or disposed of in any other
sanitary manner. A seeing-eye dog which is owned by a person who has
been declared to be legally blind shall be exempt from the terms and
conditions of this subsection.
2. 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 that of the owner or person having the care,
custody or control of such dog.
3. Cause any injury to any person.
4. 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.
5. Be or become a public nuisance or to create a condition hazardous
to safety and health.
d. The habitual barking, howling, whining or crying of a dog or dogs
in the Borough is hereby declared to be a disturbing noise within
the meaning of N.J.S.A. 40:48-1, Subsection 8, and a nuisance.
[Ord. #497; 1973 Code § 59-9]
No person owning, keeping, harboring or having the care, custody
or control of any dog shall suffer or permit it to run at large.
[Ord. #497; Ord. #683; 1973 Code § 59-10; Ord.
#5-00, § 1]
a. If any dog shall be found running at large beyond the boundaries
of the lands and premises owned, leased or rented by the person owning,
keeping, harboring or having the care, custody or control of such
dog, or beyond the boundaries of such other premises where the owner,
lessee or tenant thereof has given express permission to the person
owning, keeping or harboring the dog for it to run at large on his
premises, such dog shall be considered a stray dog.
b. The Chief of Police or any member of the Police Department, the Poundmaster,
dogcatchers, or any other designated authority, or any humane society
under contract with the Borough for the enforcement of this section
or the provisions of the Statute shall take into custody and impound
or cause to be taken into custody or impounded and thereafter destroyed
or disposed of as provided in this subsection:
1. Any dog off the premises of the owner or of the person keeping or
harboring the dog which the official or his agent or agents have reason
to believe is a stray dog.
2. Any dog off the premises of the owner or of the person keeping or
harboring the dog without a current registration tag on his collar.
3. Any female dog in season off the premises of the owner or of the
person keeping or harboring the dog.
c. If any dog so seized wears 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 is known,
the Poundmaster shall forthwith serve on the person whose address
is given on the collar or on the owner or the person keeping or harboring
the dog, if known, 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.
d. 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.
e. When a dog so seized has been detained for seven (7) days after notice,
when notice can be given as above set forth, or has been detained
for seven (7) days after seizure, when notice has not and cannot be
given as above set forth, and if the owner or person keeping or harboring
the dog has not claimed the dog and paid all expenses incurred by
reason of his detention, including maintenance not exceeding the sum
established per day, and if the dog is unlicensed at the time of the
seizure and the owner or person keeping or harboring the dog has not
produced a license and registration tag for the dog, the Poundmaster
may cause the dog to be destroyed in a manner causing as little pain
as possible or, if practicable, the Poundmaster shall find a home
for the dog.
f. The Poundmaster shall promptly notify the Borough Board of Health
in writing of the disposal of a dog made in compliance with the provisions
of this subsection.
g. Subject to terms of this subsection and statutes incorporated herein,
an owner may obtain the release of his animal impounded due to emergency
calls upon payment of recovery fee as stipulated in animal control
contract currently in effect. Payment of the above charge shall be
made to the Police Department. No owner or person keeping or harboring
a dog shall be permitted to claim an impounded dog unless a license
and registration tag can be produced for the dog. The hours for emergency
calls are set forth in the contract between the Borough and Animal
Control Officer, which is on file with the Borough Clerk.
[Ord. #497; 1973 Code § 59-11]
a. The person owning, keeping, harboring or having the care, custody
or control of any dog which shall, while running at large on land
of another or on a public road, park, playground or other public place,
cause another person to suffer damage or loss shall be responsible
for such damage or loss.
b. The owner of any dog which shall bite a person while such person
is on or in a public place or lawfully on or in a private place, including
the property of the owner of the dog, shall be liable for such damages
as may be suffered by the person bitten, regardless of the former
viciousness of such dog or the owner's knowledge of such viciousness.
For the purpose of this subsection, a person is lawfully upon the
private property of such owner when he is on the property in the performance
of any duty imposed upon him by the laws of this State, the laws or
postal regulations of the United States or the ordinances of the Borough,
or when he is on such property upon the invitation, express or implied,
of the owner thereof.
c. The Borough shall not be responsible for any damage or loss caused
by any dog running at large in this Borough.
[Ord. #497; 1973 Code § 59-12; Ord. #13-97, §§ 1—17]
a. Definitions. As used in this subsection, the following terms shall
have the meanings as described:
ANIMAL CONTROL OFFICER
Shall mean the certified Municipal Animal Control Officer
appointed by the Mayor and Council or absent such appointment, the
Chief of Police or his designee.
BOROUGH
Shall mean the Borough of Midland Park in the County of Bergen.
DOG
Shall mean any dog or dog hybrid.
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 a Municipal
Court pursuant to N.J.S.A. 4-19-22.
b. Seizure and Impoundment of Dog by Animal Control Officer; Grounds.
The Animal Control Officer shall seize and impound a dog when the
officer has reasonable cause to believe that the dog:
1. Attacked a person and caused death or serious bodily injury as defined
in N.J.S.A. 2C:11-1(A) to that person.
2. 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.
3. Engaged in dog fighting activities as described in R.S. 4:22-24 and
R.S. 4:22-26.
4. 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.
c. Notice of Seizure and Impoundment; Determination of Identity of Owner;
Notice of Hearing; Return of Statement by Owner; Destruction of Dog.
1. The Animal Control Officer shall notify the Municipal Court and the
Municipal Health Officer 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.
2. 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, that 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 of receipt, the dog may be humanely destroyed.
d. Agreement Between Borough and Dog Owner; Settlement and Disposition;
Liability of Borough; Legal Expenses. Notwithstanding any provision
in N.J.S.A. 4:19-17 et seq. to the contrary, the Borough 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 as may be mutually
agreed upon. Notwithstanding any provision in N.J.S.A. 4:19-17 et
seq. to the contrary neither the Borough nor 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 Borough may, as a condition of the
settlement agreement, also require that the owner of the dog hold
the Borough harmless for any legal expenses or fees the Borough may
incur in defending against any cause of action brought against the
Borough notwithstanding the prohibition against such causes of action
set forth in this section.
e. Finding to Declare the Dog Vicious; Grounds.
1. The Municipal Court shall declare the dog vicious if it finds by
clear and convincing evidence that the dog;
(a)
Killed a person or caused serious bodily injury as defined in
N.J.S.A. 2C:11-1(b) to a person; or
(b)
Has engaged in dog fighting activities as described in R.S.
4:22-24 and R.S. 4:22-16.
2. 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 Borough shall bear the burden of proof to demonstrate
that the dog was not provoked.
3. If the Municipal Court declares a dog to be vicious and no appeal
is made of this ruling pursuant to N.J.S.A. 4:19-25, the dog shall
be destroyed in a humane and expeditious manner, except that no dog
may be destroyed during the pendency of an appeal.
f. Finding to Declare Dog Potentially Dangerous.
1. The Municipal Court shall declare a dog to be potentially dangerous
if it finds by clear and convincing evidence that the dog:
(a)
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
bodily injury or death to a person, or
(b)
Killed another domestic animal, and
(1)
Poses a threat of serious bodily injury or death to a person;
or
(2)
Poses a threat of death to another domestic animal, or
(c)
Has been trained, tormented, badgered, baited or encouraged
to engage in unprovoked attacks upon persons or domestic animals.
2. A dog shall not be declared potentially dangerous for:
(a)
Causing bodily injury as defined in N.J.S.A. 2C:11-1(a) to a
person if the dog was provoked, or
(b)
Killing a domestic animal if the domestic animal was the aggressor.
For purposes of Subsection
f1(a), the Borough shall bear the burden of proof to demonstrate that the dog was not provoked.
g. Order and Schedule for Compliance for Potentially Dangerous Dog;
Conditions. If the Municipal Court declares the dog to be potentially
dangerous, it shall issue an order and a schedule for compliance which,
in part:
1. Shall require the owner to comply with the following conditions:
(a)
To apply, at his own expense, to the Borough Clerk or other official designated to license dogs pursuant to N.J.S.A. 4:19-15.2 for a special Borough potentially dangerous dog license, Borough registration number, and red identification tag issued pursuant to Subsection
m. 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 Borough potentially dangerous dog license, Borough registration number, and red identification tag;
(b)
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
g1(c);
(c)
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
and 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.
2. May require the owner to comply with the following conditions:
(a)
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
Borough 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.
h. Procedures for Appeal. The owner of the dog, or the Animal Control
Officer of the Borough in which the dog was impounded, may appeal
any final decision, order, or judgment, including any conditions attached
thereto, of the 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 bear the appeal by conducting a hearing de novo in the manner
established by those rules for appeals from courts of limited jurisdiction.
i. Liability of Owner for Costs of Impoundment and Destruction.
1. If a dog is declared vicious or potentially dangerous, and all appeals
pertaining thereto have been exhausted, the owner of the dog shall
be liable to the Borough in which the dog is impounded for the costs
and expenses of impounding and destroying the dog. The owner shall
incur the expense of impounding the dog in a facility other than the
municipal pound, regardless of whether the dog is ultimately found
to be vicious or potentially dangerous. The Borough hereby establishes
the following schedule for costs and expenses:
(a)
A kennel fee of twenty ($20.00) dollars per day.
(b)
Destruction of a dog shall be not less than one hundred ($100.00)
dollars nor more than two hundred ($200.00) dollars.
(c)
A transportation fee of thirty ($30.00) dollars.
2. The owner shall be liable to the Borough in connection with any other
costs and expenses relating to the impounding and destroying of the
dog that the Borough may incur.
3. 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.
j. Right to Convene Hearing for Subsequent Actions of Dog. 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.
k. Duties of Owner of Potentially Dangerous Dog. The owner of a potentially
dangerous dog shall:
1. 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;
2. Notify the licensing authority, local police department or force,
and the Animal Control Officer if a potentially dangerous dog is at
large, or has attacked a human being or killed a domestic animal;
3. Notify the licensing authority, local police department or force,
and the Animal Control Officer within twenty-four (24) hours of the
death, sale or donation of a potentially dangerous dog;
4. Prior to selling or donating the dog, inform the prospective owner
that the dog has been declared potentially dangerous;
5. Upon the sale or donation of the dog to a person residing in a different
Borough, notify the department and the licensing authority, police
department or force, and Animal Control Officer of that Borough of
the transfer of ownership and the name, address and telephone of the
new owner; and
6. 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 Borough as provided
by N.J.S.A. 4:19-31.
l. Violations by Owner; Penalties; Enforcement; Seizure and Impoundment
of Dog; Destruction by Order of Court. The owner of a potentially
dangerous dog who is found by clear and convincing evidence to have
violated this act, or any rule or regulation adopted pursuant thereto,
or to have failed to comply with the 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. An Animal Control
Officer is authorized to seize and impound any potentially dangerous
dog whose owner fails to comply with the 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 any expeditious and humane manner.
m. Potentially Dangerous Dog Registration Number, Red Identification
Tag and License; Issuance; Telephone Number to Report Violations;
Publicity. The Borough shall issue:
1. A potentially dangerous dog registration number and red identification
tag along with a Borough 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 potentially dangerous dog registration number
issued by a Borough will be the three (3) number code assigned to
that Borough in the regulations promulgated pursuant to N.J.S.A. 4:19-33.
The Animal Control Officer shall verify, in writing, compliance to
the Borough Clerk or other official designated to license dogs in
the Borough;
2. In addition, the Borough shall publicize a telephone number for reporting
violation of this subsection.
n. Fees for License. The Borough hereby establishes an annual fee for
a potentially dangerous dog license of seven hundred ($700.00) dollars
which sum shall be applicable to each renewal thereof.
o. Inspection to Determine Continuing Compliance. The Animal Control
Officer shall inspect the enclosure and the owner's property
at least monthly to determine continuing compliance with paragraphs
g1(b) and (c) of this subsection.
p. Acts Deemed Exercise of Government Function; Application of Tort
Claims Act. Any action undertaken pursuant to the provisions of this
act shall be deemed to be an exercise of a government function and
shall be subject to the provisions of the "New Jersey Tort Claims
Act", N.J.S.A. 59:1-1, et seq.
q. Deposit and Use of Fines and Fees. All fines and fees collected or
received by the municipality pursuant to paragraphs l and n of this
subsection shall be deposited in a special account and used by the
Borough to administer and enforce the provisions of this subsection.
[Ord. #497; 1973 Code § 59-13]
a. No person shall own, harbor or keep any dogs within the Borough which
are not currently inoculated against rabies; provided, however, that
dogs which have not attained the age of four months shall not be required
to be inoculated, and further provided that any dog may be exempt
from the requirements of such inoculation, for a specified period
of time, by the Board of Health upon the presentation of a certificate
from a veterinarian stating that because of infirmity or other physical
condition the inoculation of such dog for the specified period of
time shall be deemed inadvisable by the veterinarian.
[Amended 12-19-2019 by Ord. No. 21-19]
b. Inoculations shall be made by a duly licensed veterinarian of the
State of New Jersey, or such other person permitted by law to make
the same and approved by the Borough Board of Health.
c. Whenever a dog, cat or other animal is infected with rabies or suspected
of being infected with rabies, or has been bitten by an animal infected
with rabies or suspected of being infected with rabies, the person
owning or having the care, custody or control of any such animal or
any person having knowledge or suspicion of such infection shall notify
the Borough Board of Health in writing of the description and location
of such animal.
d. If a dog or other animal is known or believed to have rabies or has
been bitten by a dog or other animal known or suspected of having
rabies, the owner of such animal shall be notified in writing to have
the animal confined for a period of not less than six (6) months or
such lesser period specified by the State Department of Health and
placed under observation of a veterinarian at the expense of the owner
for such period.
e. Any animal confined under order of the Borough Board of Health shall
not be released until a certificate of release has been issued by
the Board.
f. Whenever it becomes necessary to safeguard the public from the danger
of rabies, the Mayor, upon recommendation of the Borough Board of
Health, shall issue a proclamation ordering every person owning or
keeping a dog to confine it securely on his premises unless such dog
shall have a muzzle of sufficient strength to prevent the biting of
any person.
g. Any unmuzzled dog running at large during the time of the proclamation
shall be seized and impounded, unless noticeably infected with rabies.
h. All dogs so noticeably infected with rabies and displaying vicious
propensities shall be killed by the Poundmaster or Chief of Police
after written diagnosis of infection by a veterinarian.
i. The Poundmaster or Chief of Police shall promptly notify in writing
the Borough Board of Health and the owner, if known, of the killing
and reason for the killing of any dog in accordance with the provisions
of this subsection.
[Ord. #497; 1973 Code § 59-14]
a. Any officer or agent authorized or empowered to perform any duty
under this section is hereby authorized to go upon any premises to
seize for impounding any dog or dogs which he may lawfully seize and
impound when such officer is in immediate pursuit of such dog or dogs,
except upon the premises of the owner of the dog if the owner is present
and forbids the same.
b. No person shall hinder, molest or interfere with anyone authorized
or empowered to perform any duty under this section.
[Ord. #497; 1973 Code § 59-15; New]
a. The Chief of Police of the Borough shall be charged with the enforcement
of this section and shall issue or cause to be issued summonses for
the violation of any part of this section.
b. Any person who violates or refuses to comply with any part of the following subsections, namely, subsections
5-1.2,
5-1.4,
5-1.6 or
5-1.14, or with the rules and regulations promulgated by the State Department of Health governing the sanitary conduct and operation of kennels, pet shops, shelters and pounds, to preserve sanitation therein and prevent the spread of rabies and other diseases of dogs within and from such establishments, shall be liable to a penalty not to exceed five hundred ($500.00) dollars for each offense or serve a term of ninety (90) days in jail, or both, to be recovered by and in the name of the Borough.
c. Any person who violates or refuses to comply with any part of any of the following subsections, namely, subsections
5-1.8,
5-1.9,
5-1.12 or
5-1.13, shall be liable to the penalty established in Chapter
1, §
1-5 of this Code.
d. A person who refuses or neglects to pay forthwith the amount of a
judgment rendered against him and the costs and charges incident thereto
shall be committed by the court to the County Jail for a period not
exceeding ten (10) days in the case of a first conviction, and in
the case of a conviction for a second, subsequent or continuing violation,
for a period not exceeding thirty (30) days.
[Ord. #497; 1973 Code § 59-16]
This section shall not be construed to apply to establishments
where dogs are received or kept for diagnostic, medical, surgical
or other treatment owned and operated under the supervision of a graduate
veterinarian licensed by the State of New Jersey.
[Ord. #566; 1973 Code § 59-17]
Notwithstanding anything contained in this section to the contrary,
no shelter shall be permitted in the Borough. The word "shelter" shall
be defined as any establishment for dogs or other animals housed and/or
distributed without charge or upon payment of a nominal charge.
[Ord. #11-90, Preamble]
It is an objective of this section to protect the public and
animals from the spread of rabies to animals and humans since rabies
is transmissible to humans and is fatal in all cases; and it has been
determined that these objectives can be fostered by assuring that
animal owners meet responsibilities for the control and care of their
cats.
[Ord. #11-90, § 1]
As used in this section:
ANIMAL CONTROL OFFICER
Shall mean any person or agency designated or authorized
by law to enforce the provisions of this section.
CAT
Shall mean any member of the domestic feline species; male,
female or neutered.
CAT OF LICENSING AGE
Shall mean any cat which has attained the age of four (4)
months, or which possesses a set of permanent teeth.
LICENSING AUTHORITY
Shall mean the agency or department of Borough of Midland
Park or any designated representative thereof charged with administering
the issuance and revocation of permits and licenses under the provisions
of this section.
NEUTERED
Shall mean rendered permanently incapable of reproduction
as certified by a licensed veterinarian.
OWNER
When applied to the proprietorship of a cat, shall mean and
include every person having a right of property (or custody) in such
cat and every person who has such cat in his/her keeping, or who harbors
or maintains a cat or knowingly permits a cat to remain on or about
any premises occupied by that person.
PERSON
Shall mean any individual, corporation, partnership, organization,
or institution commonly recognized by law as a unit.
VACCINATION
Shall mean inoculation against rabies performed by a licensed
veterinarian, or such other person permitted by law to do the same
under the supervision of veterinarian, in accordance with the latest
"Compendium of Animal Rabies Vaccines and Recommendations for Immunization"
published by the National Association of State Public Health Veterinarians.
VETERINARIAN
Shall mean any person licensed to practice veterinary medicine
by any State of the United States.
[Ord. #11-90, § 2]
a. Vaccination and License Requirements. No person shall be the owner
of a cat of licensing age within the Borough unless such cat is licensed
and has a vaccination which was administered within the last three
hundred sixty-five (365) days or for which a valid vaccination certificate
indicates an expiration date occurring in the future. The provisions
of this section do not apply to cats held in a veterinary establishment
where cats are received or kept for diagnostic, medical, surgical,
or other treatments.
b. Vaccination Certificate. A certificate of vaccination shall be issued
to the owner of each cat which has been administered a vaccination
in a form recommended by the State.
c. Exemptions. Any cat may be exempted from the requirements of such
vaccination for a specified period of time by the Midland Park Board
of Health, upon presentation of a veterinarian's certificate
stating that because of an infirmity or other physical condition,
or regimen of therapy, the vaccination of such cat shall be deemed
inadvisable.
[Ord. #11-90, § 3]
a. Cats Must Have License Number Displayed. Any owner of a cat of licensing
age shall annually apply for and procure from the Borough Clerk or
other official designated by resolution of the governing body a license
for each cat owned, except as provided below. The license number shall
be displayed on any licensed cat. Acceptable methods of displaying
the license number shall include, but are not limited to, an official
license tag or sleeve securely affixed to a break-away or elastic
collar. License tags or sleeves are not transferable. If a cat is
tattooed with the owner's social security number plus a letter
or letters uniquely identifying such cat and such identifying tattoo
is listed on the license application, then no license number need
be displayed.
b. Time for Applying for License. The owner of any newly acquired cat
of licensing age, or of any cat which attains licensing age, shall
make application for a license for such cat within ten (10) days after
such acquisition or age attainment. This requirement will not apply
to a nonresident keeping a cat within the Borough for no longer than
thirty (30) days.
c. Cats Brought into Jurisdiction. Any person who shall bring or cause
to be brought into the Borough any cat, and shall keep the same or
permit the same to be kept within the Borough for a period of more
than thirty (30) days, shall immediately apply for a license for such
cat, unless otherwise exempted under this section.
d. Application, Contents, Preservation of Information. The application
shall state the breed, sex, age, color, and markings of the cat for
which license is sought, and whether it is of a long- or short-haired
variety; the date on which such cat was last vaccinated against rabies
and the name, street, post office address, telephone number and email
address of the owner, the person who shall keep or harbor such cat,
and any tattoo which shall be used to uniquely identify such cat.
The information on the application and the registration number issued
for the cat shall be preserved for a period of three years by the
Borough Clerk or other official designated to license cats.
[Amended 12-19-2019 by Ord. No. 21-19]
e. License Forms and Tags. License forms and official tags or sleeves
shall be furnished by the Borough and shall be numbered serially,
and shall bear the year of issuance and the name of the Borough.
f. Evidence of Rabies Vaccination or Certification of Exemption; Requirement for License. The Borough Clerk or other official designated by the governing body to license cats shall not grant any such license for any cat unless the owner thereof provides evidence that the cat to be licensed has been vaccinated or has been certified exempt as provided by Subsection
5-3.4.
g. License Fee Schedule. Application for cat licenses and registration
tags shall be made during the month of May each year. License and
registration tags shall expire on the last day of May of each year.
On or before April 15 of each year a notice will be mailed to owners
of licensed cats advising of the requirement to renew the license
by June 15 and that failure to do so will result in the assessment
of a late fee of $10. On June 15 a second mailing will be forwarded
advising that failure to renew the license by June 30 will result
in the issuance of a summons.
[Amended 12-19-2019 by Ord. No. 21-19]
h. Newly Acquired Cats. The owner of any newly acquired cat of licensing
age acquired after May 31 shall apply for a cat license and registration
tag within 10 days of the date of such acquisition. The owner of any
cat which attains licensing age after May 31 shall apply for a cat
license and registration tag within 10 days of the date when such
cat attains licensing age.
[Amended 12-19-2019 by Ord. No. 21-19]
i. Loss of License. If a license tag or sleeve has been misplaced or
lost, the Borough Clerk may issue a duplicate license or registration
sleeve for that particular cat at a fee as provided in the Borough's
General Fee Ordinance. In the absence of such provision the fee shall
be five ($5.00) dollars.
j. Proof of Licensing. Proof of licensing shall be produced by any owner
of a cat upon the request of any Health Official, Police Officer,
or Animal Control Officer.
k. Interfering with Persons Performing Duties Under This Section. No
person shall hinder, molest, or interfere with anyone authorized or
empowered to perform any duty under this section.
l. Disposition of Fees Collected. License fees and other moneys collected
or received under the provisions of this section shall be forwarded
to the Borough Treasurer, and shall be placed in a special account
separate from any of the other accounts of the municipality and shall
be used for the following purposes only; collecting, keeping, and
disposing of cats liable to seizure, for local prevention and control
of rabies, providing anti-rabies treatment under the direction of
the local Board of Health for any person known or suspected to have
been exposed to rabies, and for administering the provisions of this
section. Any unexpended balance remaining in such special account
shall be retained until the end of the third fiscal year following,
and may be used for any of the purposes set forth in this section.
At the end of the third fiscal year following, and at the end of each
fiscal year thereafter, there shall be transferred from such special
account to the general funds of the Borough any amount then in such
account which is in excess of the total amount paid into the special
account during the last two (2) fiscal years next preceding.
m. Sick or Diseased Cats. Any cat showing a change in disposition or
illness suggesting it may be rabid or any cat that bites another animal
or human may be required by the Health Officer, Animal Control Officer
or designated agent to be quarantined for a period of ten (10) days.
The owner of a cat evidencing a change in disposition or illness suggesting
it may be rabid may be required to have such cat examined by an approved
veterinarian. Any cost incurred in quarantining such cat or veterinary
service examination shall be paid for by the owner or harborer of
such cat or cats.
n. The owner
of the cat previously licensed which cat is deceased or no longer
located in the Borough shall advise the Borough Clerk within 30 days
of such death or relocation.
[Amended 12-19-2019 by Ord. No. 21-19]
[Ord. #11-90, § 6]
Except as otherwise provided in this section, any person who
violates, or who fails or refuses to comply with this section shall
be liable to a penalty of no more than five hundred ($500.00) dollars
for each offense, to be recovered by and in the name of the Midland
Park Board of Health, or by and in the name of the Borough.
[Ord. #10-05, § I]
The purpose of this section is to establish requirements for
the proper disposal of pet solid waste in the Borough of Midland Park,
so as to protect public health, safety and welfare, and to prescribe
penalties for failure to comply.
[Ord. #10-05, § II]
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this section 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.
IMMEDIATE
Shall mean that the pet solid waste is removed at once, without
delay.
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 SOLID WASTE
Shall mean waste matter expelled from the bowels of the pet;
excrement.
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.
[Ord. #10-05, § III]
All pet owners and keepers are required to immediately and properly
dispose of their pet's solid waste deposited on any property,
public or private, not owned or possessed by that person.
[Ord. #10-05, § IV]
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.
[Ord. #10-05 § V]
The provisions of this section shall be enforced by the Police
Department and the Local Board of Health of the Borough of Midland
Park.
[Ord. #10-05 § VI]
Any person(s) who is found to be in violation of the provisions of this section shall be subject to the following penalties: such penalties that are set forth in the General Provision, §
1-5 of the Borough Code, in addition, the Borough has the right to bring an action for conjunctive relief to secure compliance with the provision of this section. Should an action for conjunctive relief be instituted, the property owner or responsible party shall be responsible for court costs and attorney fees together with other expenses incurred by the Borough in order to secure compliance with the provisions of this section.