[Adopted as Ch. XXI of the 1975 Municipal
Code]
[Amended 12-7-1981 by Ord. No. 81-23; 11-7-1983 by Ord. No.
83-27; 1-21-1991 by Ord. No. 91-1; 7-6-1992 by Ord. No. 92-17]
A.
Each person who shall own, possess, keep or harbor
any dog or dogs of licensing age, as defined in N.J.S.A. 4:19-15.1,
shall obtain an annual license for each dog and shall have the same
registered with the City Treasurer and, for such license, shall pay
the following fee:
[Amended 10-16-1995 by Ord. No. 95-15]
(1)
For the license: $12.
[Amended 12-29-2004 by Ord. No. 04-34; 6-19-2006 by Ord. No.
06-16; 5-7-2007 by Ord. No. 07-16]
(2)
Fee to the State of New Jersey: $1.
(3)
For neutering clinic expenses: $0.20.
(4)
Fee if dog has not been altered (neutered or spayed):
$3.
[Amended 5-7-2007 by Ord. No. 07-16]
B.
A late charge of $10 shall be levied after March 1
of each year for failure to obtain a license. This late charge shall
be in addition to any penalty levied by the Municipal Court.
[Amended 5-7-2007 by Ord. No. 07-16]
[Amended 10-16-1995 by Ord. No. 95-15]
Dogs used as guides for blind persons commonly
known as "Seeing Eye" dogs, dogs used to assist deaf persons known
as "hearing ear" dogs and dogs used to assist handicapped persons
known as "service dogs" shall be licensed and registered as other
dogs, except that the owner or keeper shall not be required to pay
any fee therefor.
[Amended 10-16-1995 by Ord. No. 95-15]
As used in this article, the following terms
shall have the meanings indicated:
Refers to N.J.S.A. 4:19-15.1 et seq.
The pet solid waste is removed at once, without delay.
[Added 5-21-2007 by Ord. No. 07-19]
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 or her keeping.
A domesticated animal (other than a disability assistance
animal) kept for amusement or companionship.
[Added 5-21-2007 by Ord. No. 07-19]
Excrement.
[Added 5-21-2007 by Ord. No. 07-19]
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.
[Added 5-21-2007 by Ord. No. 07-19]
A.
Any person who keeps or operates or proposes to establish
a kennel, pet shop, shelter or pound shall procure a license from
the City Treasurer entitling him to keep or operate such establishment.
The definitions of kennel, pet shop, shelter or pound shall be those
set forth in N.J.S.A. 4:19-15.1.
B.
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 Health Officer of the city, showing
compliance with the local and state rules and regulations governing
location of and sanitation at such establishment.
C.
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 June of each
year and be subject to revocation by the Council on recommendation
of the State Department of Health or the local Board of Health for
failure to comply with the rules and regulations thereof, after the
owner has been afforded a hearing by either the State Department of
Health or the local Board of Health.
[Amended 10-16-1995 by Ord. No. 95-15]
D.
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.
E.
The application shall be accompanied by evidence of
prior land use (such as zoning, site plan, etc.) approval from the
Zoning Office, Planning or Zoning Board.
[Added 5-19-1997 by Ord. No. 97-13]
F.
It shall be unlawful to keep more than four dogs seven
months of age or older at one location, premises or facility without
first obtaining a kennel, pet shop, shelter or pound license pursuant
to this section.
[Added 5-19-1997 by Ord. No. 97-13]
G.
The annual license fee for a kennel, pet shop, shelter
or pound shall be $100.
[Amended 10-16-1995 by Ord. No. 95-15]
[Amended 10-16-1995 by Ord. No. 95-15]
A.
License fees and other moneys collected or received
under the provisions of N.J.S.A. 4:19-15.3, 4:19-15.8, 4:19-15.9 and
4:19-15.16, except registration tag fees, shall be forwarded to the
City Treasurer within 30 days after collection or receipt and shall
be placed in a special account separate from any of the other accounts
of the city and shall be used for the following purposes only:
(1)
For collecting, keeping and disposing of dogs liable
to seizure under the Act and under local dog control ordinances.
(2)
For local prevention and control of rabies.
(3)
For providing antirabies treatment under the direction
of the local Board of Health for any person known or suspected to
have been exposed to rabies.
(4)
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 the Act.
B.
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 section.
At the end of said 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 municipality any amount then in
such account which is in excess of the total amount paid into said
special account during the last two fiscal years next preceding.
C.
The registration tag fee for each dog shall be forwarded
within 30 days after collection by the City Treasurer to the State
Department of Health, which Department shall forward said sum to the
State Treasurer, who shall place all such moneys in a special account
for use only by the State Department of Health in administering the
Act and for the prevention and control of rabies throughout the state,
and such account is hereby declared to be a trust fund not subject
to legislative appropriation. At the end of the third fiscal year
following the adoption of the Act and at the end of each fiscal year
thereafter, there shall be withdrawn from this trust fund and transferred
to the general funds of the state any amount then in such fund which
is in excess of the total amount paid into such fund during the last
two fiscal years next preceding.
All applications for dog licenses shall be made
to the City of Salem, who shall provide a book for the purpose of
registering the name of the person or persons owning, keeping, possessing
or harboring any dog or dogs; and the name of each dog registered
and its number shall be entered therein, and numbers for each application
for registration of such dog or dogs shall be in the order in which
the applications are made.
[Amended 1-21-1991 by Ord. No. 91-1; 10-16-1995 by Ord. No.
95-15]
The owner of every dog shall pay the license
fees herein before provided to the City Treasurer on or before the
first day of February in each year, and upon receipt of said license
fee or fees, as the case may be, the City Treasurer shall thereupon
issue to each person paying such license fee or fees a license for
the keeping of such dog or dogs, and which license shall contain the
name and address of the owner of the dog, indicating name, breed,
sex and markings and also the number of such license, and shall bear
the signature of the City Treasurer. All such licenses shall expire
on the first day of February of the year following the issuance thereof.
The City Treasurer shall also issue for each dog license a numbered
metal tag, which tag shall be securely attached to a strap or collar
worn around the neck of each dog so licensed, and each tag shall be
as prescribed by the State of New Jersey, as follows: "NEW JERSEY,
CITY OF SALEM No. ____." Substitute tags may be issued upon proof
sufficient to satisfy the City Treasurer of the loss of the original
tag. Any owner so obtaining such substitute tag or tags shall pay
$1 for each and every substitute tag.
Every person who shall own, keep, possess or
harbor any dog or dogs in the City of Salem, who shall neglect or
refuse to cause such dog or dogs to be licensed in the manner herein
provided on or before the first day of February in each year, shall
be guilty of a violation of this article; provided, however, that
any owner of a dog, bringing such dog into the City of Salem in any
year, who shall cause the same to be licensed within 15 days thereafter,
shall be taken and deemed to have complied with the article in respect
thereto.
Any dog owner who shall suffer or permit any unlicensed dog to run at large or who shall suffer or permit any dog, whether licensed or not, to run at large without the tag provided for in § 74-7 of this article or who shall cause or permit any unlicensed dog to wear such a tag shall be guilty of a violation of this article.
[Amended 10-16-1995 by Ord. No. 95-15])
Any dog or dogs not licensed pursuant to the
provision of this article shall be subject to seizure by the duly
appointed certified animal control officer, police officer or any
other person appointed for that purpose by the Council, impounded
and thereafter destroyed in accordance with N.J.S.A. 4:19-15.16, and
any dog who shall not have securely fixed or fastened to its neck
a tag issued with the license for such dog shall be deemed unlicensed
and subject to seizure. All dogs seized pursuant to the provisions
of this section shall be impounded in the place designated by the
Council as the dog pound and shall be there kept until disposed of
in accordance with the provisions of the statutes.
[Amended 4-21-1975 by Ord. No. 7506; 5-3-1982 by Ord. No.
8212; 10-16-1995 by Ord. No. 95-15]
The person appointed by the Council to be responsible
for control of animals as set forth in this article shall be known
as the "Certified Animal Control Officer of the City of Salem." This
person shall be 18 years of age or older and shall have satisfactorily
completed a course of study approved by the Commissioner of Health
on the control of animals, prescribed by N.J.S.A. 4:19-15.1 et seq.,
or shall have been employed in the State of New Jersey in the capacity
of and with similar responsibilities to those required of Certified
Animal Control Officers pursuant to the provisions of N.J.S.A. 4:19-15.1
et seq. for three years. Nothing contained herein shall prohibit the
Council from contracting with a third-party agency to supply the services
of designated and approved person or persons to perform the duties
of Certified Animal Control Officer and to operate a kennel or dog
pound for the City of Salem, which kennel need not be devoted exclusively
to the needs of the City of Salem. In the event of such a third-party
contract, one or more employees or principals of said agency may be
designated as Certified Animal Control Officer or Assistant Certified
Animal Control Officer; in which event, any reference in this article
to "Certified Animal Control Officer" shall apply to any of said persons
so designated Certified Animal Control Officer or Assistant Certified
Animal Control Officer.
[Amended 4-21-1975 by Ord. No. 7506; 5-3-1982 by Ord. No.
8212]
A.
The Council shall appoint a suitable person or persons
as Certified Animal Control Officer or Certified Animal Control Officers
and Assistant Certified Animal Control Officer to hold office for
the calendar year in which appointed, and it shall be the duty of
such Certified Animal Control Officer and Assistant Certified Animal
Control Officer, in addition to the implied duties hereby conferred,
to carry out the provisions of this article. The Certified Animal
Control Officer shall feed and properly care for all dogs confined
in the City Pound, if such is in operation, and keep said Pound in
a clean and sanitary condition. If available facilities of a dog pound
or kennel are provided by contract with a third-party agency, the
pound or kennel facilities so made available shall be licensed by
the municipality having jurisdiction and shall be operated and maintained
in conformity with New Jersey Department of Health and any other applicable
state rules and regulations.
[Amended 10-16-1995 by Ord. No. 95-15]
B.
The Certified Animal Control Officer(s) shall attend
court session when his, her or their presence is required for prosecution
of any violations under this article, at no extra charge to the City
of Salem whether the function is performed by employees of a third-party
agency contracting with the city or by an employee of the City of
Salem, provided that said court attendance is between the hours of
9:00 a.m. and 5:00 p.m., Monday through Friday.
[Amended 4-21-1975 by Ord. No. 7506; 5-3-1982 by Ord. No.
8212]
A.
Dogs taken into custody and impounded may be reclaimed
by the owners within seven days of pickup by payment of $25 plus $4
per day for each day held, said fees to be paid directly to the third-party
agency providing such service pursuant to contract in the event of
third-party contracting of this service. In the event that the Certified
Animal Control Officer is an employee of the city which operates a
pound or kennel, fees shall be turned over to the City Treasurer within
72 hours of receipt thereof.
[Amended 10-16-1995 by Ord. No. 95-15]
B.
Dog owners requesting pickup of unwanted live or dead
animals shall pay a fee of $35 as described above and shall produce
personal identification, animal description and current rabies certificate
and tag.
[Amended 10-16-1995 by Ord. No. 95-15]
C.
In the event that veterinarian care is necessary,
the cost thereof shall be paid by the owner prior to the reclaiming
of the dog. If dog is without a rabies certificate and tag, the owner
shall pay an additional transportation cost of $10 for transportation
to the veterinarian, together with any charges due the veterinarian.
D.
For any dog which was required to be quarantined for
suspicion of suffering from rabies for which transportation of the
decapitated head to the State Department of Health offices is required,
an additional $50 shall be charged to the owner, if known.
E.
A dog requiring flea and tick treatment, in the judgment
of the Certified Animal Control Officer, shall result in the cost
to reclaiming owner of $10.
[Amended 10-16-1995 by Ord. No. 95-15]
The Certified Animal Control Officer shall take
into custody and impound and thereafter destroy dogs or other animals
in accordance with N.J.S.A. 4:19-15.16.
[Amended 10-16-1995 by Ord. No. 95-15]
A.
Any person appointed for the purpose by the city shall
take into custody and impound or cause to be taken into custody and
impounded and thereafter destroyed or offered for adoption as provided
in this section any female dog in season off the premises of the owner
or of the person keeping or harboring said dog.
B.
If any animal 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 animal is known, any person authorized by the Council
shall forthwith serve on the person whose address is given on the
collar or on the owner or the 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 offered for adoption or destroyed if not
claimed within seven days after the service of the notice.
C.
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 address
given 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.
D.
Any person authorized by the Council may cause an
animal 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 or offered
for adoption seven days after seizure, provided that:
(1)
Notice is given as set forth above and the animal
remains unclaimed;
(2)
The owner or person keeping or harboring the animal
has not claimed the animal and paid all expenses incurred by reason
of its detention, including maintenance costs not exceeding $4 per
day; or
(3)
The owner or person keeping or harboring a dog which
was unlicensed at the time of seizure does not produce a license and
registration tag for the dog.
E.
At the time of adoption, the right of ownership in
the animal shall transfer to the new owner.
[Amended 10-18-1999 by Ord. No. 99-17]
No person who owns, keeps, harbors or possesses
any dog or dogs shall permit or suffer such dog or dogs to annoy any
neighbor or other persons within the immediate vicinity by permitting
or suffering excessive, unnecessary or unusually loud barking or howling,
which creates a nuisance or otherwise unreasonably annoys, injures,
disturbs or endangers the comfort, health, repose, peace, safety or
quiet enjoyment of any neighbor or other persons within the immediate
vicinity; or barking or howling which is so prolonged or at such early
morning or late evening hours as to create a nuisance or otherwise
unreasonably annoy, injure, disturb or endanger the comfort, health,
repose, peace, safety or quiet enjoyment of any neighbor or other
persons within the immediate vicinity.
[Amended 10-16-1995 by Ord. No. 95-15]
Any person appointed for the purpose by the
city shall annually cause a canvass to be made of all dogs owned,
kept or harbored within the limits of their respective municipalities
and shall report, on or before September 1 of each year, to the City
Clerk or other person designated to license dogs in the city and to
the local Board of Health and to the State Department of Health the
result thereof, setting forth in separate columns the names and addresses
of persons owning, keeping or harboring unlicensed dogs and the number
of unlicensed dogs owned, kept or harbored by each of said persons,
together with a complete description of each of said unlicensed dogs.[1]
[1]
Editor's Note: Original Section 21:16, Not
applicable to dogs under six months of age, which immediately followed
this section, was deleted 10-16-1995 by Ord. No. 95-15.
Any person who shall in any way hinder or interfere with the Certified Animal Control Officer, police officers or official canvasser or canvassers, constable or any other peace officer in the performance of their duties under the provisions of this article or who shall refuse to give information to the persons making any canvass under § 74-17 of this article or who shall take a dog from the Dog Pound except upon redeeming such dog as provided by this article or who shall break or damage such Dog Pound shall be deemed to have violated the provisions of this article.
A.
The Certified Animal Control Officer of the city shall
take into custody and impound and thereafter destroy or dispose of
as provided in this section any dog, licensed or unlicensed, running
unattended in any street or public place.
B.
If any dog so seized wears a collar or harness having
inscribed thereon or attached thereto the name and address of any
person or registration tag or the owner or the person keeping or harboring
the dog is known, the Certified Animal Control Officer shall forthwith
serve on the person so identified 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 days after the service of the notice.
No person owning, keeping or harboring a dog
shall permit or suffer it to do any injury or to do any damage to
any lawn, shrubbery, flowers, grounds or property.
[Amended 10-16-1995 by Ord. No. 95-15; 2-2-2009 by Ord. No. 09-02]
A.
No dog shall be permitted off the premises of the person owning,
keeping or harboring it unless accompanied by a person who is capable
of controlling it and who has the dog securely confined and controlled
by an adequate leash or chain not more than six feet long.
B.
No dog shall be tethered or otherwise kept at or upon a vacant lot
or uninhabited dwelling or structure.
[Added 5-21-2007 by Ord. No. 07-19[1]]
Requirements for the proper disposal of pet
solid waste so as to protect public health, safety and welfare are
hereby set forth: 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.
[Added 5-21-2007 by Ord. No. 07-19]
Any owner or keeper who requires the use of a disability assistance animal shall be exempt from the provisions of this § 74-22 while such animal is being used for that purpose.
[Added 5-21-2007 by Ord. No. 07-19]
The provisions of this article shall be enforced
by the Animal Control Officer and the Sanitation Officer.
[Amended 10-16-1995 by Ord. No. 95-15; 5-21-2007 by Ord. No.
07-19]
Except as otherwise provided in N.J.S.A. 4:19-1
et seq., any persons found guilty of violating this article shall
be subject to a fine of not less than $100 and not more than $1,000
and imprisonment or community service for a term not to exceed 90
days.
[Added 5-21-2007 by Ord. No. 07-19]
Each section, subsection, sentence, clause and
phrase of this article is declared to be an independent section, subsection,
sentence, clause and phrase, and the finding or holding of any such
portion to be unconstitutional, void, or ineffective for any cause
or reason shall not affect any other portion of this article.
