[Prior ordinance history includes portions of 1972 Code §§ 68-1—68-19, 68-21—68-23 and Ord. Nos. OR:95/17 and OR:07/14]
[Ord. No. 2012-08]
As used in this Article I:
ANIMAL CONTROL OFFICER
Shall mean a certified municipal animal control officer or, in the absence of such an officer, the chief law enforcement officer of the Borough or his designee.
DEPARTMENT
Shall mean the Department of Health.
DOG
Shall mean any dog, bitch, spayed bitch or dog hybrid .
DOG OF LICENSING AGE
Shall mean a dog which has attained the age of seven months or which possesses a set of permanent teeth.
DOMESTIC ANIMAL
Shall mean any cat, dog, or livestock other than poultry.
KENNEL
Shall mean an 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 and include, 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 place where domesticated animals, fishes, snakes, birds and any other living creatures are kept, displayed and offered for sale.
POTENTIALLY DANGEROUS DOG
Shall mean any dog or dog hybrid declared potentially dangerous by a Municipal Court pursuant to section 7 of the P.L. 1989, c. 307 (C. 4:19-23).
POUND
Shall mean an establishment for the confinement of dogs seized under the provisions of this Article or otherwise.
SHELTER
Shall mean any establishment where dogs are received, housed and distributed without charge.
VICIOUS DOG
Shall mean any dog or dog hybrid declared vicious by a Municipal Court pursuant to section 6 of P.L. 1989, c. 307 (C. 4:19-22).
[Ord. No. 2012-08]
No person shall own, keep or harbor any dog within the Borough without first obtaining a license therefor, to be issued by the Borough Clerk upon application by the owner and payment of the prescribed fee, and no person shall own, keep or harbor any dog in the Borough except in compliance with the provisions of this Article I.
[Ord. No. 2012-08]
Any person who shall own, keep or harbor a dog of licensing age shall, in the month of January, 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.
[Ord. No. 2012-08]
a. 
The person applying for the license and registration tag shall pay an annual dog license fee of $10.80. In addition to the license fee, the sum of one ($1.00) dollar for the State registration of each dog and the sum of twenty ($0.20) cents for the State Clinic Fund for each annual renewal shall be paid. License, registration tags and renewals shall expire on the last day of January in each year, and for every renewal not made prior to February 1 in each year, there shall be an additional late charge of $2.
b. 
If a license tag has been misplaced or lost, the Borough Clerk may issue a duplicate license for that particular dog at a fee of one ($1.00) dollar.
c. 
Dogs used as guides for blind persons and commonly known as "Seeing Eye" dogs shall be licensed and registered as other dogs hereinabove provided for, except that the owner or keeper of such dog shall not be required to pay any fee therefor.
d. 
Upon presentation of a current license from another municipality, along with evidence of inoculation with rabies vaccine or certification of exemption, a Borough license shall be issued for the current licensing year without charge.
[Ord. No. 2012-08]
The owner of any newly acquired dog of licensing age or of any dog which attains licensing age shall make application for a license and registration tag for such dog within 10 days after such acquisition or age attainment.
[Ord. No. 2012-08]
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, and the name, street and post office address of the owner and the person who shall keep or harbor such dog. Rabies inoculation information as required by the State of New Jersey shall also be provided. The information on the application and registration number issued for the dog shall be preserved for a period of three years by the Borough Clerk. In addition, the Clerk shall forward similar information to the State Department of Health each month on forms furnished by the Department. Registration numbers shall be issued in the order of application.
[Ord. No. 2012-08]
a. 
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 same or permit same to be kept within the Borough for a period of more than 90 days, shall immediately apply for a license and registration tag for each dog, unless the dog is licensed under subsection 10-3.1 of this Article I.
b. 
Any person who shall bring or cause to be brought into the Borough any unlicensed dog, and shall keep same or permit same to be kept within the Borough for a period of more than 10 days, shall immediately apply for a license and registration tag for each such dog, unless the dog is licensed under subsection 10-3.1 of this Article I.
[Ord. No. 2012-08]
a. 
Any person or entity who keeps or operates or proposes to establish a kennel, a pet shop, a shelter or a pound shall apply to the Mayor and Council for a license entitling that person or entity to keep or operate such establishment.
b. 
The application shall describe the premises where the establishment is located or is proposed to be located, the purpose for which it is to be maintained, and shall be accompanied by the written approval of the Health Officer of the Borough Board of Health showing compliance with the local and State rules and regulations governing location of and sanitation at such establishments.
c. 
All licenses issued for a kennel, pet shop, shelter or pound shall state the purpose for which the establishment is maintained. All licenses shall expire on the last day of January of each year, and shall be subject to revocation by the Mayor and Council on recommendations of the State Department of Health or the Borough Board of Health for failure to comply with the rules and regulations of the State Department or Board of Health governing same, after the owner has been afforded a hearing by either the State Department or Board of Health.
d. 
Any person holding a license shall not be required to secure individual licenses for dogs owned by the licensee and kept at the establishments. The licenses shall not be transferable to another owner or different premises.
[Ord. No. 2012-08]
The annual license fees are set forth in State statutes as follows:
The annual license fee for a kennel providing accommodations for 10 or fewer dogs shall be $10, and for more than 10 dogs, $25. The annual license fee for a pet shop shall be $10. There is no annual fee for a shelter or pound. The annual license fee shall be payable January first annually. The late fee for failure to renew the license and pay the required fee shall be $15 a week imposed on any licensee who fails to renew the license and pay the required renewal fee by February first of the licensing year. This fee is not a penalty, but is in recognition of additional costs incurred by the Board of Health to notify delinquent licensees, to keep additional records, and to enforce the provisions of this section.
[Ord. No. 2012-08]
a. 
License fees and other moneys collected or received under the provisions of subsections 10-2.3, 10-3.1 and 10-3.2 of this Article I, except registration fees, shall be forwarded to the Borough Chief Financial Officer within 48 hours after collection or receipt, and shall be placed in a special account separate from any of the other accounts of the Borough and which shall be used for the following purposes only: for collection, keeping and disposing of dogs liable to seizure under this Article I; for local prevention and control of 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 Article I. Any balance remaining in the account in excess of the total amount paid into the account during the two fiscal years preceding the present year shall be paid over to the municipality and become part of current surplus.
b. 
The annual registration fee of one ($1.00) dollar for each dog shall be forwarded within 30 days after collection by the Borough Clerk to the State Department of Health.
[Ord. No. 2012-08]
The Borough 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 name and address of the licensee and the kind of licenses issued.
[Ord. No. 2012-08]
The Borough Clerk shall biannually cause a canvass to be made of all dogs owned, kept or harbored within the Borough and shall report on or before September 1 of the year in which the census is taken, which report shall be maintained in the Clerk's Office as required by this Section 10-6, and to send to the 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 such dogs, the number of licensed dogs owned, kept or harbored by each person, together with the registration number of each dog, and the number of unlicensed dogs owned, kept or harbored by each person, together with a complete description of each unlicensed dog.
[Ord. No. 2012-08]
The Mayor and Council shall by resolution provide for a pound. The Mayor shall, as required, nominate and with the advice and consent of the Council, appoint an Animal Control Officer. The Animal Control Officer, any police officer or any person specifically designated or appointed by the Mayor for that purpose may impound or cause to be impounded unlicensed dogs running at large in violation of the provisions of this Article I.
[Ord. No. 2012-08]
a. 
Impounding. The Animal Control Officer or any police officer of the Borough shall take into custody and impound, or cause to be taken into custody and impounded, and thereafter destroy or dispose of as provided in this Section 10-8:
1. 
Any dog off the premises of the owner or of the person keeping or harboring the dog, except those on a leash and attended, which dog the official or his agent has 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.
b. 
Notice to Owner of Impoundment. 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 of the owner, or if the person keeping or harboring the dog is known, the Animal Control Officer or the police officer 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 days after the service of the notice.
c. 
Service of Notice. A notice under this Section 10-8 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. 
Destruction of Unredeemed Dogs. When any dog so seized has been detained for seven days after notice, when notice can be given as set forth above, or has been detained for seven days after seizure, when no notice has been given as set forth above, and if the owner or person keeping or harboring the dog has not claimed the dog and paid all the expenses incurred by reason of its detention, including the maintenance fee set by the Animal Control Officer and if the dog is unlicensed at the time of the seizure and this owner or person keeping or harboring the dog has not procured a license and registration tag for the dog, the Animal Control Officer or the police officer of the Borough may cause the dog to be destroyed in a manner causing as little pain as possible.
[Ord. No. 2012-08]
Any officer or agent authorized or empowered to perform any duty under this Article I is hereby authorized to go upon any premises to seize for impounding any dog which he may lawfully seize and impound when such officer is in immediate pursuit of such dog, except upon the premises of the owner of the dog if the owner is present and forbids same.
[Ord. No. 2012-08]
No person owning, keeping or harboring a dog shall permit it to go upon any of the streets or public places of the Borough or upon any premises other than those owned or occupied by the person unless such dog is confined upon a leash and accompanied by a person over the age of 12 years.
[Ord. No. 2012-08]
No person shall keep, maintain or harbor a dog which barks or cries in such a continuous or frequent manner so as to create a noise disturbance across a residential real property line. For purposes of this Section 10-12, a noise disturbance from a barking dog shall be defined as a dog barking continuously for 10 minutes or more, or intermittently for 30 minutes or more, unless provoked.
[Ord. No. 2012-08]
No person, agency or institution owning, harboring, keeping or in charge of any dogs shall cause, suffer or allow such dogs to soil, defile, defecate or commit any nuisance upon any public or private property whatsoever, except with the express authority or permission of the owner of the property. The restriction in this Section 10-14 shall not apply to the portion of the street lying between the curblines, or the curbline and the sidewalk, which may be used to curb such dogs under the following conditions:
a. 
Any person, agency or institution who or which owns a dog within the Borough shall not permit such dog to be unattended and shall require that the dog be restrained by a leash or other appropriate device which, for the purpose of this Section 10-14, shall be "curbing."
b. 
Any person who so curbs a dog shall immediately remove all feces deposited by such dog by any sanitary method approved by the Borough Board of Health, and same shall be deposited in the owner's garbage or in some other sanitary manner approved by the Borough Board of Health. The deposit shall be properly wrapped, packaged or protected so as to prevent unsightly disposal or smell or interference with the health and welfare of the Borough.
[Ord. No. 2012-08]
An Animal Control Officer shall seize and impound a dog when the Officer has reasonable cause to believe that the dog:
a. 
Attacked a person and caused death or serious bodily injury as defined in N.J.S.A. 2C:11-1(b) to that person;
b. 
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;
c. 
Engaged in dog fighting activities as described in N.J.S.A. 4:22-24 and N.J.S.A. 4:22-26; or
d. 
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 Borough Health Officer, the dog may be impounded in a facility or other structure agreeable to the owner.
[Ord. No. 2012-08]
a. 
The Animal Control Officer shall notify the Municipal Court and the Borough Health Officer immediately that the Animal Control Officer has seized and impounded a dog pursuant to Section 3 of P.L. 1989, c. 307 (C. 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 Section 3 of P.L. 1989, c. 307. If its owner cannot be identified within seven days, that dog may be humanely destroyed.
b. 
The Animal Control Officer shall, within three working days of the determination of the identity of the owner of a dog seized and impounded pursuant to section 3 of P.L. 1989, c. 307 (C. 4:19-19), notify by certified mail, return receipt requested, the 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 days, by certified mail or hand delivery, a signed statement indicating whether the owner 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 days of receipt, the dog may be humanely destroyed.
[Ord. No. 2012-08]
In the event that the Animal Control Officer is unable, for any reason, to perform the duties of an Animal Control Officer regarding a dog bite, the Chief of Police or designee, shall act in that capacity.
[Ord. No. 2012-08]
a. 
Except as to those sections addressed in paragraph b below, any person who violates any provision of this Article I, titled Dogs, or any of the rules and regulations of the State Department of Health governing the sanitary conduct and operation of kennels, pet shops, shelters, and pounds, shall be subject upon conviction thereof to a fine of not more than $2,000 or to imprisonment in the County jail for not more than 90 days, or to both such fine and imprisonment. Each day that such violation continues to exist shall constitute a separate offense.
b. 
Any person who violates any provisions of Sections 10-11 through 10-14 of this Article I shall be subject upon conviction thereof to a fine of $2,000. If the offense charged is a violation of Section 10-12, no fine shall be imposed unless the owner or keeper of the offending dog(s) has received at least two prior warnings or complaints about noise disturbances created by dog barking emanating from his property. In addition, any complaint issued under these sections may, at the discretion of the Municipal Court Judge or Court Administrator, be referred to the Community Dispute Resolution Board established through the Municipal Court.
[Ord. No. 2015-13; Ord. No. 2016-12]
a. 
It is unlawful to chain or tether unneutered/unspayed dogs in any manner within the Borough of Watchung.
b. 
Neutered/spayed dogs may be tethered under the following circumstances:
1. 
The tether must be at least 15 feet long and have an operative swivel on both ends, weigh no more than one-eighth (1/8) of the dog's weight and be attached to a properly fitted collar or harness.
2. 
The collar used for tethering may not be a choke chain collar, slip collar or prong collar.
3. 
The tether must allow the dog access to proper shelter, sufficient food and water.
4. 
The tether may not be used in any area where it may be tangled around an object, such as, but not limited to, a tree, pole, fence or stake, nor may the tether reach or cross a waterway.
5. 
The tether cannot inhibit the movement of the animal's limbs or cause injury, harm, entanglement or strangulation.
6. 
The tether must restrain the dog within the bounds of the owner's or custodian's property.
7. 
The tether must terminate no less than five feet from any fence, pool, wall, vehicle, tree or roadway, or other object or obstruction upon which the animal might harm itself.
8. 
Dogs may be tethered for no more than six consecutive hours in any 24 hour period and never between sunset and sunrise.
9. 
If there are multiple dogs, each dog shall be tethered separately and in such a manner that the tethers shall not become entangled with each other.
10. 
No dog shall be tethered at a vacant structure or premises for any purpose when it is not monitored by an adult who is present at the property for the duration of such tethering.
11. 
No dog that is sick or injured shall be tethered.
[Ord. No. 2015-13; Ord. No. 2016-12]
a. 
Dog shelters shall be a suitable size to accommodate the dog in both standing and lying positions.
b. 
It shall be moisture-proof, windproof, ventilated and in cold temperatures shall promote the retention of body heat.
c. 
It shall be made of durable material with a solid, moisture-proof floor raised at least two inches from the ground.
d. 
It shall have a sufficient quantity of clean bedding material consisting of hay, straw, cedar shavings, or equivalent to provide insulation and protection against cold and dampness.
e. 
Drinking water is available in a clean, liquid state. Snow or ice is not an acceptable water source.
f. 
The dog shelter or similar structure and the surrounding area shall be free from excessive dirt, trash and waste.
g. 
For temperatures below 32 degrees Fahrenheit, the dog shelter or structure shall have a wind break at the entrance.
h. 
For temperatures above 85 degrees Fahrenheit, all dogs must be afforded one or more separate areas of shade large enough to accommodate the entire body of each dog and protect each dog from the direct rays of the sun.
[Ord. No. 2015-13; Ord. No. 2016-12]
This section shall be enforced by the Animal Control Officer or the Police Department.
[Ord. No. 2015-13; Ord. No. 2016-12]
Any person violating or failing to comply with any of the provisions of this section shall, upon conviction thereof, be subject to a penalty as stated in Chapter 1, Section 1-5, General Penalty.