Editor's Note: Pursuant to Ordinance No. 1431, Animal Control is under the supervision of the Department of Police.
[1976 Code § 5-1; Ord. No. 1431 § IV]
As used in this chapter:
DOG OF LICENSING AGE
Shall mean any dog which has attained the age of seven months or which possesses a set of permanent teeth.
OWNER
Shall mean, when applied to the proprietorship of a dog, every person having a right of property in any dog and every person who has a dog in his/her custody, and any person exercising control over a dog or permitting a dog to remain on premises under his/her control, or anyone who takes a dog out into the public streets, sidewalks or public ways.
POUND
Shall mean an establishment for the confinement of dogs seized under the provisions of this chapter or otherwise.
SHELTER
Shall mean any establishment where dogs are kept or housed with charge.
VICIOUS DOG
Shall mean any dog which has attacked or bitten, or attempted to attack or bite, any human being without provocation or which habitually attacks other dogs or domestic animals, or destroys property.
[1976 Code § 5-2; Ord. No. 1431 § IV]
Licenses shall be required for the following dogs of licensing age:
a. 
Any dog owned and kept within the City on January 1 of any calendar year.
b. 
Any dog acquired by any person during the course of any calendar year and kept within the City for more than 10 days after acquisition.
c. 
Any dog attaining licensing age during the course of the calendar year.
d. 
Any unlicensed dog brought into the City by any person and kept within the City for more than 10 days.
e. 
Any dog licensed by another State brought into the City by any person and kept within the City for more than 90 days.
Only one license and registration tag shall be required in any licensing year for any dog owned in New Jersey, and the license and tag issued by any other municipality of this State shall be accepted by the City as evidence of compliance with this section.
[1976 Code § 5-11; Ord. No. 1431 § IV]
a. 
At the time of the issuance of each dog's license, a metal registration tag shall be issued for each dog license and all licensed dogs shall wear a collar or harness with the registration tag for that dog securely fastened to it.
b. 
No person, except an officer in the performance of his/her duties, shall remove a registration tag from the collar of any dog without the consent of the owner, or attach a registration tag to a dog for which it was not issued.
[1976 Code § 5-3; Ord. No. 1347 § I; Ord. No. 1431 § IV]
Each application for a dog license shall be made to the City Clerk or such other person as shall be designated by the Mayor by resolution and shall give the following information:
a. 
A general description of the dog sought to be licensed, including breed, sex, age, color and markings and whether the dog is of a long or short haired variety.
b. 
The name, street and post office address of the owner of the dog, the name of the dog and the name of the person who shall keep the dog or have custody of the dog if other than the owner.
c. 
At all times when a resident attempts to obtain a license for a dog, a copy of this section and its amendments shall be distributed to the resident.
Registration numbers shall be issued in the order in which applications are received. The information on the application and the registration number issued for the dog shall be preserved by the City Clerk or other person who shall be designated by the City Mayor, for a period of three years. In addition, the Clerk shall forward similar information to the State Department of Health each month or such other period as shall be required by the Department on forms furnished by that Department.
[1976 Code § 5-4; Ord. No. 1431 § IV]
Applications for licenses for dogs which are required to be licensed by the provisions of this section shall be made before January 31 annually. In all other cases, the application for a license shall be made within 10 days of the date upon which the dog in question first becomes subject to the provisions of this section.
[1976 Code § 5-5; Ord. No. 708 § 1; Ord. No. 751 § 1; Ord. No. 1431 § IV]
The person applying for a dog license shall pay a fee of $4.20 for each dog. If he or she cannot prove to the satisfaction of the Municipal Dog Licensing Official that the dog was spayed/neutered, then the person applying for a dog license shall pay a fee of $7.20 for each dog. He/she shall also pay an additional $1 for the registration of each dog. The same fee shall be charged for the annual renewal of each license and registration fee.
[1976 Code § 5-6; Ord. No. 1431 § IV]
Dogs used as guides for blind persons and commonly known as "seeing eye dogs" shall be licensed in the same manner as other dogs; except that the owner shall not be required to pay any fee.
[1976 Code § 5-7; Ord. No. 751 § 2; Ord. No. 1431 § IV]
a. 
License fees and other moneys collected or received under the provisions of this section except the registration tag fees, shall be forwarded to the Treasurer-Comptroller, or such other person as shall be designated by the Mayor, 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: Collecting, keeping and disposing of dogs liable to seizure under this chapter; local prevention and control of rabies; all other purposes prescribed by the Statutes of the State governing the subject, and for administering the provisions of this chapter.
b. 
Any unexpended balance remaining in the special account shall be retained therein until the end of third fiscal year following and may be used for any of the purposes set forth in this subsection and at the end of each fiscal year thereafter, there shall be transferred from the special account to the general funds of the City any amount then in the account which is in excess of the total amount paid into the special account during the last two fiscal years next preceding.
$0.20 for each dog registered shall be forwarded to the New Jersey Department of Health by the City Clerk. In addition, if the owner of the dog had not established to the satisfaction of the Municipal Dog Licensing Official that the dog had been spayed/neutered and if the Municipal Dog Licensing Official had collected an additional $3 pursuant to subsection 5-2.5 above, then the additional $3 shall also be forwarded by the Clerk to the New Jersey Department of Health.
[1976 Code § 5-10; Ord. No. 1431 § IV]
a. 
No person shall own a dog within the City unless it has been vaccinated against rabies.
b. 
Vaccinations shall be performed by a veterinarian licensed to practice in the State. The vaccine used shall be from a manufacturer licensed by the Bureau of Animal Husbandry of the United States Department of Agriculture, or such other agency as shall be approved by the State Department of Health. The dosage shall be as recommended by the manufacturer. All dogs shall be revaccinated before the expiration of the period of time for which the vaccine used is known to be effective.
c. 
The Health Officer may exempt any dog from the provisions of this subsection if there is presented to him/her a certificate from a licensed veterinarian stating that it would be undesirable to vaccinate a particular dog for a specified period of time because of the dog's age, infirmity or other physical condition.
d. 
No vaccination shall be required for any dog confined in a licensed kennel, pet shop, shelter, pound or veterinary hospital.
e. 
The fact that a dog has been vaccinated against rabies shall be evidenced by a certificate from the veterinarian performing the vaccination. The certificate shall either be on a form approved by the Health Officer or a State or County Board of Health Officer, or a standard immunization certificate used by the veterinarian. The certificate shall be presented to the Health Officer within 10 days after each vaccination. In the case of dogs vaccinated before being brought into the City, the certificate shall be presented to the Health Officer within 10 days after the dog is brought into the City.
f. 
No dog license shall be issued until the certificate indicating that he/she has been vaccinated against rabies or the certification that it is not necessary to vaccinate him/her is endorsed by the City Health Officer or other designated person has been presented to the City Clerk.
[1976 Code § 5-12; Ord. No. 1431 § IV]
No person shall own any dog which habitually cries or barks in a manner that would disturb a reasonable person, particularly between the hours of 10:00 p.m. and 6:00 a.m.
[1976 Code § 5-13; Ord. No. 1431 § IV]
a. 
No person owning a dog shall permit it to run at large upon the public streets, Promenade, beaches or in any public park, or in any public building, or in any other public place within the City, nor permit a dog to run at large upon private property without the permission of the owner.
b. 
No person owning a dog shall permit it to be upon the public streets or in any other public place in the City unless the dog is accompanied and controlled by a person over the age of 12 and is securely fastened to an adequate leash not more than six feet long.
[1976 Code § 5-14; Ord. No. 1431 § IV; Ord. No. 1504 (2011) § XVII; amended 12-22-2020 by Ord. No. 1658]
Even though muzzled and on leash, it shall be unlawful for any dog or other animal to be upon the beaches of the City from March 15 through September 30, which include open beach space areas as defined in Subsection 21-4.4 of this Code and all amendments thereto, and any other public beach area of the City or promenade as it now exists and any extensions thereof. Also, even though muzzled and on leash, it shall be unlawful for any dog or other animal to be upon the parks or recreation areas of the City, including those that have been reserved or where permits for events have been granted, and all those enumerated in Chapter 20 of this Code. This prohibition shall apply year-round.
[1976 Code § 5-15; Ord. No. 1347 § II; Ord. No. 1431 § IV]
a. 
No person owning or in control of a dog shall permit it to damage any lawn, shrubbery, flowers, grounds or other property.
b. 
Any operator of a motor vehicle who accidentally strikes a dog or cat shall stop and render such assistance to the dog or cat as may be possible, provided it could be accomplished safely and without danger to the motorist, pedestrians or other motorists.
c. 
The operator of motor vehicle involved in such an accident shall promptly report such injury or death to the appropriate law enforcement agency.
[1976 Code § 5-15.1; Ord. No. 735 §§ 1-3; Ord. No. 1367 § I; Ord. No. 1431 § IV]
a. 
No person owning, harboring, keeping or in charge of any dog, shall cause, suffer or allow such a dog to soil, defile, defecate on or commit any nuisance on any common thoroughfare, sidewalk, passageway, by-pass, bay area, park, beach, promenade 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 of the property.
b. 
Notwithstanding anything contained in paragraph a to the contrary, the restrictions as set forth above shall not apply to that portion of the street lying between the curblines, which shall be used to curb such dog upon the following conditions:
1. 
The person who curbs the dog shall immediately remove feces deposited by the dog by a sanitary method.
2. 
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 a sanitary manner.
c. 
All feces deposited by a dog or a cat, on either public or private property, must be removed and disposed of in a sanitary manner. Used kitty litter must also be disposed of in a sanitary manner. To be disposed of in a sanitary manner, the feces or kitty litter must be in a bag that is closed or sealed before being discarded in a trash container.
d. 
Any person found guilty of any violation of this subsection shall be subject to a fine not exceeding the sum of $200 or imprisonment in the county jail for a term not to exceed 90 days, or both.
[1976 Code § 5-17; Ord. No. 1431 § IV]
a. 
It shall be the duty of the Chief of Police or a police officer designated by him/her or by such other person as shall be designated by the Mayor to receive and investigate complaints against dogs. If this person deems any dog complained of to be a vicious dog, as defined in Section 5-1, he/she shall report his/her findings in writing to the Judge of the Municipal Court of the City.
b. 
The Judge of the Municipal Court shall notify in writing the owner of an allegedly vicious dog that a complaint has been made and require the owner to appear before him/her at a stated time and place for a hearing. The Municipal Court shall conduct the hearing in the same manner as it would conduct the trial of a criminal case. If the Court decides that the dog complained of is a vicious dog, it shall so notify the owner of the dog.
c. 
No person owning or having control of a dog which has been determined to be a vicious dog shall permit it to be off the property of the owner without being securely muzzled and leashed.
[Ord. No. 1347 § III; Ord. No. 1431 § IV]
Any person owning or having control of a dog shall enclose the animal pursuant to the following:
a. 
Dogs should be enclosed and properly provided for pursuant to N.J.S.A. 4:22-17 within a house, building, properly maintained fence, pen or other enclosure.
b. 
Pens or other enclosures for each dog must be a minimum of four feet in height and a minimum square footage as follows: 1 dog 64; 2 dogs 96; 3 dogs 144; 4 dogs 196; over 4 dogs an additional 24 square feet for each dog.
c. 
The pens or other enclosures shall include a soundly constructed, safely positioned and properly maintained doghouse.
d. 
Doghouses shall contain bedding such as straw or other absorbent material in a sufficient quantity to provide adequate insulation for the house. Bedding shall be maintained in a dry condition and renewed or changed as necessary.
e. 
Persons owning, harboring, keeping or in charge of any dog will exercise diligence and reasonable care to keep any dog under restraint. In circumstances in which the dog is not located in the premises owned, leased or rented by the caretakers, guardians or handlers, dogs must be handled in a humane manner pursuant to N.J.S.A. 4:22-17.
f. 
Persons owning, harboring, keeping or in charge of any dog may attempt to prevent said dogs from leaving the premises by installing an Invisible fence®. Persons owning, harboring, keeping or in charge of any dog are responsible for the maintenance of the Invisible fence® and shall exercise diligence to keep the fence in proper working order.
[Ord. No. 1347 § III; Ord. No. 1431 § IV]
Any person owning or having control of a dog shall maintain the animal pursuant to the following:
a. 
Dogs must be able to move freely when chained or tethered and shall be confined for a period no greater than nine hours without a twenty-four-hour period. The size of the tether or chain must be a minimum of 15 linear feet and shall remain tangle free. Dogs must be equipped with properly fitted harness or buckle type collars. The tether or chain shall be constructed of lightweight cable. A doghouse shall be accessible to dogs that are chained or tethered.
b. 
Dogs that are not spayed or neutered will not be allowed to be chained for any period of time and must be in a completely enclosed yard or housed indoors.
c. 
No dogs may be chained after the hours of 10:30 p.m. in the evening.
[Ord. No. 1347 § IV; Ord. No. 1431 § IV]
a. 
No persons owning, harboring, keeping or in charge of any dog shall withhold proper shelter protection from weather, veterinary care and immune care to any animal. No persons owning, harboring, keeping or in charge of any dog shall fail to provide his or her animal with sufficient food and drinkable water on a daily basis. Food and water must be in an animal food consumption or water consumption type container, feeder or waterer.
b. 
No animal shall be subjected to unnecessary suffering and cruelty such as subjecting the animal to prolonged fear, injury, pain or physical abuse, interaction with humans and other animals shall not be unreasonably withheld.
[1976 Code § 5-18; Ord. No. 1431 § IV]
The Animal Warden of the City or such other person as shall be designated by a resolution of the Mayor or his/her agent, shall take into custody and impound any of the following dogs:
a. 
Any dog off the premises of the owner which the Animal Warden or such other person provided for herein has reason to believe is a stray dog;
b. 
Any dog off the premises of the owner of the dog without a current registration tag on its collar;
c. 
Any female dog in season off the premises of the owner;
d. 
Any dog which has been determined to be a vicious dog which is not muzzled;
e. 
If any dog impounded or seized wears a registration tag attached to its collar or harness having inscribed on it or attached to it the name and address of any person or the owner of the dog, a notice shall immediately be served on the person whose address is given on the collar or on the person owning the dog, 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;
f. 
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 dog's collar, or by forwarding it by mail in a prepaid letter addressed to that person at his/her usual or last known place of abode, or to the address given on the collar.
[1976 Code § 5-19; Ord. No. 1431 § IV]
a. 
When any dog seized has been detained for seven days after notice can be given as set forth, or has been detained for seven days after seizure when notice has not been and cannot be given as set forth, and if the owner or person keeping or harboring the dog or whose name is on the tag of registration, has not claimed the dog and paid all expenses incurred by reason of its detention, including a redemption fee of no more than $8 plus a maintenance fee of $1.50 a day and if the dog be unlicensed at the time of the seizure and the owner or person keeping or harboring or having custody of such dog has not produced a license and registration tag for such dog, the Animal Warden or other person authorized by him/her or by the Mayor shall cause the dog to be destroyed in as humane a manner as possible, causing as little pain as possible, or the dog may be adopted by a responsible party. All of the mentioned fees shall be paid directly to the Animal Warden.
b. 
Any officer or agent authorized or empowered to perform any duty under this chapter is hereby authorized to go upon any premises to seize or impound any dog or dogs which he/she may lawfully seize and impound when the officer is in immediate pursuit of the dog or dogs, except upon the premises of the owner of the dog if the owner is present and forbids the same.
[1976 Code § 5-20; Ord. No. 1431 § IV]
a. 
When any dog attacks or bites a human being, the Pound Master or the Health Officer may order the owner of the dog to confine it, either on the owner's premises or at any other reasonable location which the Pound Master or the Health Officer designates, for a period of 10 days, at least. The expense of confining the dog shall be borne by the owner.
b. 
The Health Officer or any other person designated by the Division of Health, shall have the right to examine any dog confined under the provisions of paragraph a at any reasonable time, including daily examinations for a period of 10 days after the dog has attacked or bitten any person, to ascertain whether the animal shows symptoms of rabies.
c. 
Regardless of whether or not the period of time for which the owner was directed to confine the dog has expired or not, no dog confined under the provisions of paragraph a shall be released from quarantine until the Division of Health issues a certificate of release. The certificate shall only be issued after either the person designated by the Division of Health to examine the dog or some other licensed veterinarian has certified in writing that the animal appears to be healthy and free from rabies.
d. 
Whenever the Pound Master or the Health Officer is notified by the State Department of Health or determines himself/herself that there is danger of an epidemic of rabies in the City, he/she shall order all persons owning dogs confined to their premises. Notice that an order has been issued may be either written or oral and may be served personally, by mail, by publication in newspapers circulating in the City, by conspicuously posting it in public places, or by any other method calculated to actually reach the persons affected.
[1976 Code § 5-21; Ord. No. 1431 § IV]
The Mayor shall have the power to appoint an Animal Warden or Pound Master, whose duty it is, together with the Police of the City, to enforce the provisions of this chapter. The Mayor shall also have the power to appoint one or more persons to be known as Dog Catchers, who may impound dogs subject to seizure under the provisions of this chapter.
[1976 Code § 5-22; Ord. No. 1431 § IV]
Any person who operates or proposes to establish a kennel, pet shop, shelter or pound in the City shall apply to the City Clerk for a license entitling him to keep or operate such an establishment. Any person holding such a license shall not be required to secure individual licenses for dogs owned by him or dogs kept or boarded at his/her establishment. The licenses shall not be transferable to another owner or different premises.
[1976 Code § 5-23; Ord. No. 1431 § IV]
The application for license shall contain the following information:
a. 
The name and permanent local address of the applicant;
b. 
The street address where the establishment is located or proposed to be located, together with a general description of the premises;
c. 
The purposes for which it is to be maintained;
d. 
The maximum number of dogs to be accommodated by such an establishment at any one time.
[1976 Code § 5-24; Ord. No. 1431 § IV]
No license shall be issued until the proposed licensee submits a written statement from the Health Officer of the City or the County that the establishment or the proposed establishment complies with the local and State rules governing the location of and sanitation of such establishments. The premises shall be subject to all applicable State laws, and rules and regulations of the State Department of Health.
[1976 Code § 5-26; Ord. No. 1431 § IV]
The annual license fees for kennel and pet shop licenses shall be as follows:
a. 
Kennels accommodating 10 or less dogs: $10;
b. 
Kennels accommodating more than 10 dogs: $25;
c. 
Pet shop: $10;
d. 
Shelter or pound: no fee.
[1976 Code § 5-27; Ord. No. 1431 § IV]
a. 
License fees and other moneys collected or received under the provisions of this section shall be forwarded to the Treasurer-Comptroller 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: 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; all other purposes prescribed by the State Statutes governing the subject and for administering the provisions of this chapter.
b. 
An unexpended balance remaining in the 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 funds of the City any amount then in the account which is in excess of the total amount paid into the special account during the last two fiscal years next preceding.
[1976 Code § 5-28; Ord. No. 1431 § IV]
a. 
All licenses issued for a kennel, pet shop, shelter or pound shall be subject to revocation of the Board of Commissioners on recommendation of the State Department of Health or the local Health Officer of the City or the County Health Department for failure to comply with the rules and regulations of the State Department of Health or the Health Officer of the County or the City, after the owner has been afforded a hearing by either the State Department of Health or the Health Officer of the County or the Health Officer of the City.
b. 
Any person holding a license to establish, keep or operate a kennel, pet shop, shelter or pound shall comply with all City ordinances and the rules and regulations promulgated by the State Department of Health, the County Health Department, and the City governing the sanitary conduct and operation of kennels, pet shops, shelters and pounds, the preservation of sanitation therein and the preservation of the spread of rabies and other diseases of dogs within and from such establishments.
[1976 Code § 5-29; Ord. No. 1431 § IV]
The City Clerk shall forward to the State Department of Health a list of all kennels, pet shops, shelters and pounds licensed within 30 days after the licenses therefor are issued, which list shall include the names and addresses of licensees and the kinds of licenses issued.
[1976 Code § 5-30; Ord. No. 1431 § IV]
No dog kept in a kennel, pet shop, shelter or pound shall be permitted off the premises except on a leash or in a crate or under other safe control.
[1976 Code § 5-31; Ord. No. 1431 § IV]
The violation of this section shall result in a fine up to the sum of $50 on complaint filed before the Municipal Court by the Health Officer or any official of the local Board of Health or their duly designated representatives.
[New; Ord. No. 1347 § V; Ord. No. 1431 § IV]
Any person who shall violate the provisions of Section 5-2 shall be liable for a penalty of not less than $5 or more than $50 for the first offense, and not less than $10 nor more than $50 for each subsequent offense, to be recovered in the manner provided by N.J.S.A. 4:19-15.19 et seq. Any person who shall violate any other provision of this chapter shall be liable for a fine of not less than $50 nor more than $500 or imprisonment not to exceed 90 days or both provided however, that the Court shall waive or suspend any fines if the Court determines it is appropriate to do so, for the first offense, and not less than $100 for the second offense, and for each subsequent offense, shall be liable, upon conviction, for the penalty stated in Chapter 1, Section 1-5. Each day in which such violation continues shall be deemed to constitute a separate offense. Furthermore, the Court may order restitution be paid to any agency that incurs expenses related to the investigation and prosecution of any offender of this chapter.