[1974 Code § 5-1.1; Ord. No. 76-3]
The words hereinafter used shall have a meaning for the purpose
of this section as defined by the provisions of N.J.S.A. 4:19-15.1.
[1974 Code § 5-1.2; Ord. No. 76-3; Ord. No. 87-29 § 1]
The provisions of N.J.S.A. 4:19-15.1 through N.J.S.A. 4:19-15.19
are hereby incorporated into and made part of this section.
[1974 Code § 5-1.3; Ord. No. 76-3; Ord. No. BH:82-1; Ord. No. 87-29 § 1; Ord. No. 10-7]
The sum to be paid for a dog license and registration tag and
each renewal thereof as provided by law is hereby fixed as follows:
a.
There shall be an annual licensing fee of $15 for each dog plus $1
for the registration tag (N.J.S.A. 4:19-15.3) plus $0.20 (N.J.S.A.
4:19-15.3c). The annual license fee for potentially dangerous dogs
as determined pursuant to N.J.S.A. 4:19-16 et seq. shall be $300;
b.
For a three year license the fee shall be $20, plus $3 for a three
year registration tag, plus $0.20 pursuant to N.J.S.A. 4:19-15.3c;
c.
In addition to the fees set forth in Subsections a and b of this subsection, pursuant to N.J.S.A. 4:19-15.3b any person applying for a license and registration tag shall pay a fee of $3 for any dog of reproductive age which has not had its reproductive capacity permanently altered through sterilization;
d.
In addition to the fees set forth in this subsection, each person
shall, at the time application for a dog license or renewal is made,
submit along with the required fees two color photographs of the dog
to be licensed.
[Ord. No. 76-3; Ord. No. 87-29 § 1; Ord. No. 97-21]
a.
No person
shall keep, harbor or maintain any pet which shall habitually disturb
the peace and quiet of the neighborhood.
[Amended 4-4-2016 by Ord. No. 16-6]
b.
No
person owning, keeping or harboring any dog shall suffer or permit
it to run at large upon the public streets, or in any public park,
or in any public place within the Borough, or on any private property
outside of a residence, nor with or without a leash in any store,
restaurant, market or other quasi-public place.
c.
No
person owning, keeping or harboring any dog shall suffer or permit
it to be upon the public streets or in any other public or quasi-public
place within the Borough unless such dog is secured by an adequate
leash having a minimum tensile strength of 300 pounds not more than
five feet long, and, in the case of dogs weighing more than 40 pounds,
unless accompanied by a person 15 years of age or older, or in the
case of dogs weighing less than 40 pounds, unless accompanied by a
person 12 years of age or older. No person owning, keeping or harboring
any dog shall suffer or permit it to be on private property outside
of a residence unless such dog is secured by a leash and accompanied
by a person as set forth above, or unless such dog is restrained by
means of a leash or lead having a minimum tensile strength of 300
pounds which is attached to a fixed stationary object so as to prevent
the dog from approaching to nearer than five feet from the property
line of the private property.
d.
The
Mayor and Council may also designate any other times during which
dogs outside the premises shall be muzzled, such designation to be
by publication at least three times in a newspaper in which legal
notices of the Borough may be published, and after such publication,
no person owning, keeping or harboring a dog shall permit it upon
a public highway, public place or outside the premises occupied by
the owner, during the period designated, unless such dog wears a muzzle
securely fastened over its jaws in such a manner that it cannot bite.
e.
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.
f.
Any dog which has attacked or bitten any human being, or which habitually attacks other dogs or domestic animals is hereby defined to be a vicious dog for the purposes of this subsection. It shall be the duty of the person designated in § 5-7 to receive and investigate complaints that a dog is vicious. Should it appear to the person investigating a complaint that a dog is vicious as defined in this subsection, then a notice in writing of the complaint against such dog shall be issued to the person owning or harboring such dog to appear before the Judge of the Municipal Court at a stated time and place. The Municipal Judge shall at the time set forth for such hearing inquire into the facts and give all interested persons an opportunity to be heard, under oath, and shall determine based upon the evidence presented at such hearing whether the dog complained of is a vicious dog as defined in this subsection. A dog found by the Judge of the Municipal Court to be vicious shall not be permitted to run at large upon the public streets, or in any public park, or in any public or quasi-public place, or on private property outside of a residence, unless such dog is securely muzzled and under leash as provided in this subsection and unless accompanied by a person 18 years of age or older.
g.
Damaging
Lawns Prohibited. No persons owning, keeping or harboring a dog, cat,
animal or reptile shall permit any damage or injury to any lawn, shrubbery,
flowers, grounds of property of another or on public streets or sidewalks
of the Borough which in any manner might be detrimental to the public
health, safety and welfare of the general public of the Borough and
others. Further, no person shall suffer or permit any dog, cat or
other animal or reptile to defecate or deposit any droppings and fecal
matter on any such private or public property hereinbefore mentioned
under penalty herein provided, and such persons owning, keeping or
harboring any dog, cat, animal or reptile shall take immediate steps
and efforts to clean and remove such droppings and fecal matter without
delay so as to prevent such action from becoming a public nuisance
detrimental to the health, safety and welfare of the general public.
h.
Removal
of Deposits. The soiling action shall be deemed prevented if the owner
of the animal shall promptly clean all such droppings and fecal matter
by causing same to be gathered in a suitable bag, wrapper or other
container and disposed of in a safe and sanitary manner and such action
shall be taken promptly within a reasonable time.
i.
Animals
on Public Property; Penalty. It shall be unlawful for any person to
bring any animal, reptile or bird in or upon any public playground,
park, or recreation area of the Borough, and any person so doing,
or any owner of such animal, reptile or bird shall be subject to the
penalties provided elsewhere in this chapter.
j.
ANIMAL CARE FACILITY
ANIMAL RESCUE ORGANIZATION
CAT
DOG
KENNEL, PET SHOP or POUND
OFFER FOR SALE
Definitions.
As used in this section, the following terms shall have the meanings
indicated:
[Added 9-20-2016 by Ord.
No. 16-16]
An animal control center or animal shelter, maintained by
or under contract with any state, county, or municipality, whose mission
and practice is, in whole or significant part, the rescue and placement
of animals in permanent homes or rescue organizations.
Any not-for-profit organization which has tax-exempt status
under Section 501c(3) of the United States Internal Revenue Code,
whose mission and practice is, in whole or in significant part, the
rescue and placement of animals in permanent homes.
A member of the species of domestic cat, Felius catus.
A member of the species of domestic dog, Canis familiaris.
Any business, shop, establishment, property or place which
harbors, keeps or maintains five or more dogs, cats, psittacine birds
or similar animals that can be kept as pets or offers to sell any
of the aforesaid animals to the general public at retail. Such definition
shall not include an animal care facility in animal rescue organization,
as defined.
To sell, offer for sale or adoption, advertise for the sale
of, barter, auction, give away or otherwise dispose of a dog or cat.
k.
Pet
shops.
[Added 9-20-2016 by Ord.
No. 16-16]
2.
A pet shop shall not offer for sale a dog or cat that is younger
than eight weeks old.
3.
No dog kept in a kennel, pet shop, dog shelter or pound shall be
permitted off such premises except on leash or in a crate or under
other safe control.
A designated area "Parking for Borough Administrator Only" shall
be established as per the following markers: The space shall be on
the south side of Garfield Street starting exactly 72 feet east of
the intersection of Grant and Garfield Streets and extending east
toward Anderson Avenue for 24 feet.
[Ord. No. 97-21]
It shall be unlawful for any person to walk a dog, cat or animal
or dogs, cats or animals upon any public or private property in the
Borough unless the person walking the dog, cat or animal have with
them appropriate equipment to pick up and remove any fecal matter
left by defecation by any dog, cat or animal.
[Ord. No. 97-21]
No more than three dogs of licensing age shall be owned, kept,
maintained, sheltered or harbored at any time in any residence or
dwelling on its grounds or in any business establishment or on its
ground. This restriction shall not apply to properly licensed pet
shops, kennels, shelters and pounds.
[Ord. No. 97-21]
No more than three cats of licensing age shall be owned, kept,
maintained, sheltered or harbored at any time in any residence or
dwelling on its grounds or in any business establishment or on its
ground. This restriction shall not apply to properly licensed pet
shops, kennels, shelters and pounds.
[Ord. No. 97-21]
No more than a total of five animals of any kind, excluding
fish, shall be owned, kept, maintained, sheltered or harbored at any
time in any residence or dwelling on its grounds or in any business
establishment or on its ground. This restriction shall not apply to
properly licensed pet shops, kennels, shelters and pounds.
[1974 Code § 5-1.6; Ord. No. 76-3; Ord. No. 87-29 § 1]
The person designated in § 5-7 shall annually cause a canvass to be made of all dogs owned, kept or harbored within the limits of the Borough and to report the results thereof pursuant to the provisions of N.J.S.A. 4:19-15.15.
[1974 Code § 5-1.7; Ord. No. 76-2]
The acquisition within the Borough of all new dogs by purchase,
birth or otherwise shall be reported to the secretary of the local
Board of Health within 10 days of such acquisition, by the owner or
custodian thereof.
[1974 Code § 5-18; Ord. No. 76-3; Ord. No. 87-29 § 1]
The provisions of this chapter shall be carried out and enforced
by the Health Officer, Animal Warden, certified Animal Control Officer
to the Borough, or such other person or persons as may be designated
by the Board of Health or in the absence of such designation then
as may be designated by the Mayor and Council as well as by any designated
assistants, each of whom shall receive a reasonable compensation for
their services.
[1974 Code § 5-1.4; Ord. No. 76-3]
No person shall hinder, molest or interfere with anyone authorized
or empowered to perform any duty under this chapter.
[1974 Code § 5-1.9; Ord. No. 76-3; Ord. No. 87-29 § 1]
Any person or persons, company, partnership or corporation that
shall violate any provision of this chapter, for which penalties have
not otherwise been provided for by law or herein, shall upon conviction
thereof, be fined a sum not to exceed $100 and not less than $20 for
a first offense, and a fine not to exceed $500 and not less than $100
for a second or subsequent offense, or in the discretion of the Judge
of the Municipal Court may be sentenced to be incarcerated in the
County Jail for a term not exceeding 90 days, or may be sentenced
to both fine and imprisonment.
[Ord. No. 05-21 § 2; Ord. No. 13-17 § 1]
Shall mean to give, place, expose, deposit, distribute or
scatter edible material with the intention of feeding, attracting,
or enticing wildlife. Feed does not include baiting in the legal taking
of fish and/or game.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean animals that are neither human nor domesticated
and shall include but not be limited to pigeons, waterfowl, raccoons,
skunks and groundhogs.
[Ord. No. 05-21 § 1; Ord. No. 13-17 § 2]
The purpose of this section is to prohibit the feeding of unconfined
wildlife in the Borough of Fairview so as to protect public health,
safety and welfare and to prescribe penalties for failure to comply.
[Ord. No. 05-21 § 3; Ord. No. 13-17 § 3]
No person shall place food intended or suitable for consumption
by wildlife or stray animals on any property, public or private in
the Borough of Fairview. This prohibition shall not apply to enclosed,
elevated bird feeders.
[Ord. No. 05-21 § 4; Ord. No. 13-17 § 4]
This section shall be enforced by the Police Department of the
Borough of Fairview. Any person found to be in violation of this section
shall be ordered to cease the feeding immediately.
[Ord. No. 05-21 § 5; Ord. No. 13-17 § 5]
Any person that shall violate any of the provisions of this
section shall upon conviction thereof, for each offense, pay a penalty
of not less than $250 nor more than $500 for the first offense and
a penalty of not less than $1,000 nor more than $1,500 for second
and subsequent offenses, or imprisonment or community service for
a period not exceeding 90 days.
[Ord. No. 10-7]
There shall be an annual licensing fee of $15 for each cat.
There shall be an additional fee of $5 for all unspayed or unneutered
cats.
