Editor's Note: Prior ordinance history includes portions
of Ordinance Nos. 237-C, 237-D, 237-F, 237-I, 237-J-83-11; 237-L-83-11,
382, 527, 530, 673-B, 677, 738, 83-8, 89-21, 90-04, 91-07, 91-10,
96-11, 99-14, 06-21, 07-02, 07-12.
[Ord. #07-21]
As used in this Section:
Shall mean any person or agency designated or certified by
the State of New Jersey Commissioner of Health and Senior Services
to enforce the provisions of this Section.
Shall mean the Health Officer, Sanitarian, an Animal Control
Officer, a police officer or any other authorized representative of
the Borough of North Plainfield.
Shall mean any dog, bitch or spayed bitch.
Shall mean any dog which has attained the age of seven months
or which possesses a set of permanent teeth.
Shall mean any dog, cat, livestock other than poultry, or
other animal, including but not limited to reptiles, rodents or fowl
obtainable through a retail pet shop, breeder or livestock trader.
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.
Shall mean the office of the Borough Clerk or any designated
representative charged with administering this Section and/or issuing
or revoking licenses under the provisions of this Section.
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.
Shall mean any dog or dog hybrid declared potentially dangerous
by a municipal court pursuant to this Section.
Shall mean and apply to any dog not being physically restrained
by the owner which is off and not on the premises of the owner.
Shall mean any dog or dog hybrid declared vicious by a Municipal
Court pursuant to this Section.
[Ord. #07-21]
a.
No person shall keep or harbor any dog within the Borough without
first obtaining a license and metal registration tag therefor to be
issued by the Licensing Authority upon application by the owner and
payment of the prescribed fee and no person shall keep or harbor any
dog in the Borough except in compliance with the provisions of this
Section.
b.
No license or metal registration tag shall be issued by the Borough
unless the owner thereof presents to the Borough a completed National
Association of State Public Health Veterinarians Form #51, "Rabies
Vaccination Certificate," as proof that the dog has been inoculated
against rabies with a vaccine having duration of immunity which extends
throughout at least 10 of the 12 months of the licensing period. Dogs
with a duration of immunity against rabies that expires prior to the
tenth (10th) month of the licensing period shall be revaccinated prior
to issuance of a license. The rabies inoculation shall be one approved
by the United States Department of Agriculture and administered by
a duly licensed veterinarian in accordance with the regulations promulgated
by the New Jersey State Department of Health.
c.
The inoculation requirement of paragraph b above shall not apply
for any dog that a duly licensed veterinarian certifies in writing
to be incapable of being inoculated for a specified period of time
because of an infirmity, other physical condition, or regimen of therapy.
[Ord. #07-21]
Any person who shall own, keep or harbor a dog of licensing age shall apply for and procure from the Licensing Authority a license, whether annually or every three years as applicable pursuant to subsection 5-1.4 below, and shall apply annually for an 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. #07-21; Ord. No. 2018-07]
a.
The person applying for the license and registration tag of a spayed
or neutered dog shall pay an annual fee of $21 for each dog. The person
applying for the license and registration of a dog which is not spayed
or neutered shall pay an annual fee of $25. Proof of neutering or
spaying shall be required prior to issuance of a license at the rate
for a neutered or spayed dog. The license and registration tag shall
expire on the last day of January of the year following their issuance.
An annual license and registration tag shall be issued upon payment
of the annual fee. License and registration tag fees are to be paid
for each dog, regardless of the number of dogs.
b.
In addition to the license fees provided in paragraph a., the person
applying for said license shall be required, as a condition for the
issuance of the license to pay such additional sums, such as annual
metal registration tag fees, nonsterilized fees, other fees or surcharges
as shall be required by the State of New Jersey to be collected and/or
forwarded to the State or any agency thereof by way of sum, fee or
surcharge in connection with the issuance of any dog license.
c.
Any dog owner, or person harboring a dog, found to have an unlicensed
dog by the Borough Animal Control Officer, dog canvassers or any other
municipal official after January 31 of any year, shall be required
to pay an additional $5 delinquent fee plus the required license fee
as provided in this Section for each dog license and registration
tag, for failure to obtain a dog license before February 1st, together
with any other fines due to summonses issued that may be imposed as
provided in this Section for failure to obtain a dog license before
February 1. The aforementioned delinquent fee shall not apply to dogs
which have been acquired by the owner after January 31, provided the
owner shall present sufficient proof to establish that the dog was
acquired after January 31 and provided further that the dog shall
be licensed within the time as otherwise required by this Section.
The aforementioned delinquent fee shall not apply to dogs which do
not attain licensing age until after January 31 and provided further
that the dog shall be licensed within the time as otherwise required
by law.
d.
Assistance dogs, such as dogs used as guides by the visually impaired,
hearing dogs for the deaf and hearing impaired, and service dogs used
for other medical purposes, shall be licensed and registered as other
dogs hereinabove provided, except that the owners or keepers of such
dogs shall not be required to pay any fee therefor.
e.
Any person applying for a duplicate license and/or registration tag
shall pay a fee of $10.
f.
Any person applying for a potentially dangerous dog license, registration
number and/or red identification tag pursuant to the provisions of
N.J.S.A. 4:19-17 et seq., shall pay a fee of $1,000 plus all other
fees, sums and/or surcharges as established herein or by law.
[Ord. #07-21]
The owner of any newly acquired dog of licensing age, or of
any dog which attains licensing age, shall make application for license
and registration tag for such dog within 10 calendar days after such
acquisition or age attainment.
[Ord. #07-21]
The application shall state the breed, sex, age, color and markings
of the dog for which license and registration are sought, whether
it is of a long or short haired variety, whether it has been surgically
debarked or silenced and if it is of reproductive age, whether it
has been spayed or neutered. The application shall also state the
name, street and post office 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 from date of issuance of the registration
number by the Licensing Authority. In addition he or she shall forward
similar information to the New Jersey State Department of Health each
month on forms furnished by the Department. Registration numbers shall
be issued in the order of the applications.
[Ord. #07-21]
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 dog or permit the dog to be kept within the Borough for a period of more than 90 calendar days after being brought into the Borough shall immediately apply for a license and registration tag for each such dog unless such dog be licensed under Section 5-3.
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 10 days shall immediately apply for a license and registration tag for each such dog unless such dog be licensed under Section 5-3 below.
[Ord. #07-21]
Any dog for which a registration tag has been issued pursuant to this Section 5-1 of the Borough Code shall have at all times on its body a collar or harness with the registration tag securely fastened thereto. No person, except a municipal 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 nor shall any person attach a registration tag to a dog for which it was not issued.
[Ord. #07-21]
License fees and other moneys collected or received under the
provisions of this Chapter, except registration tag fees, shall be
forwarded to the Treasurer of the Borough, within forty-eight hours
(48) 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 the following purposes only: for collecting, keeping,
and disposing of dogs liable to seizure under this Chapter; for local
prevention and control of rabies; for providing anti-rabic treatment
under the direction of the local Board of Health for any person known
or suspected to have been exposed to rabies; for all other purposes
prescribed by the statutes of New Jersey governing the subject 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 (3rd) fiscal year following and may be used for
any of the purposes set forth in this Section. At the end of the third
(3rd) fiscal year following collection, 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 fiscal years next preceding.
The registration tag fee for each dog shall be forwarded within
30 calendar days after collection by the Licensing Authority to the
New Jersey State Department of Health. Any other fees as required
by the State of New Jersey to be collected and/or forwarded to the
State or any agency thereof in connection with the issuance of any
dog license shall be forwarded to such department, agency designated
by the State within 30 calendar days of collection by the Licensing
Authority.
[Ord. #07-21]
The authorized agent of the Borough shall cause an annual canvass
to be made of all dogs owned, kept, or harbored within the limits
of the Borough and shall report to the Licensing Authority, the Board
of Health of the Borough and to the New Jersey 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 of the
persons, together with the registration numbers of each of the dogs,
and the numbers of unlicensed dogs owned, kept, or harbored by each
of the persons, together with a complete description of each of the
unlicensed dogs.
[Ord. #07-21]
The Mayor shall have the power to appoint an authorized agent(s)
and/or assistants, whose duty it shall be to enforce the provisions
of this Chapter, with advice and consent of the Council.
[Ord. #07-21]
a.
The authorized agent of the Borough 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:
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.
4.
Any dog or other animal which is suspected to be rabid.
5.
Any dog or other animal off the premises of the owner reported to,
or observed by, a certified animal control officer to be ill, injured
or creating a threat to public health, safety or welfare, or otherwise
interfering with the enjoyment of property.
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 a registration
tag, or the owner or the person keeping or harboring the dog is known,
the authorized agent 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 offered for adoption or destroyed
if not claimed within seven calendar days after the service of this
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 in a letter addressed to that person at
his usual or last known place of abode or to the address given on
the collar.
d.
When any dog so seized has been detained for seven calendar days
after notice, when notice can be given as above set forth, or has
been detained for seven calendar days after seizure, when notice has
not been 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 its detention, including maintenance
not exceeding $15 per day and if the dog be 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 authorized
agent may cause the dog to be destroyed in a manner causing as little
pain as possible, or offered for adoption, if practicable, by the
authorized agent, to some person desiring to acquire the ownership
of the dog, all rights or prior ownership having ceased on failure
to redeem within said seven calendar days. No impounded dog shall
be transferred by adoption to a new owner until same has been licensed
and tagged as required by this Section. No dog or other animal so
caught and detained or procured, obtained, sent or brought to a pound
or shelter shall be sold or otherwise made available for the purpose
of experimentation. It shall be the duty of the authorized agent to
keep male and female dogs separate at all times and it shall be the
further duty of the authorized agent to segregate and keep segregated
all sick animals and animals suspected of being affected with any
communicable disease. After observation, any animal seized under this
Section suspected of being rabid shall be immediately reported to
the Health Officer of the Borough and to the State of New Jersey Department
of Health and Senior Services.
[Ord. #07-21]
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 which he/she 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.
[Ord. #07-21]
No person shall hinder, molest or otherwise interfere with anyone
authorized or empowered to perform any duty under this Chapter.
[Ord. #07-21]
No person owning, keeping or harboring a dog shall permit or
allow the dog to do any damage to any shrub, tree or other property
in any street, park or other public place, in the Borough, nor shall
the person allow the dog to soil or defile or commit any nuisance
upon any sidewalk, pedestrian street crossing, schoolyard or municipal
playground. The person shall not permit or allow the dog to habitually
bark, howl or cry. The habitual barking, howling or crying of a dog
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, as
defined under law.
[Ord. #07-21]
a.
No owner shall permit or allow any dog of licensing age to run at
large.
b.
No person shall abandon any dog, no matter what its age or condition,
within the Borough.
c.
No person shall permit a dog to leave the premises of the owner or
person keeping or harboring a dog unless such dog is securely confined
upon a tether (leash) no greater than 10 feet in length and accompanied
by a person over the age of 12 years.
[Ord. #07-21]
No person owning, keeping, or harboring a dog shall permit it
to do any injury or to do any damage to any lawn, shrubbery, flowers,
grounds or property.
[Ord. #07-21]
Any person who violates or who fails or refuses to comply with any part of any of the preceding subsections, namely subsections 5-1.1 to 5-1.17 or with the rules and regulations promulgated by the New Jersey State Department of Health governing the prevention and spread of rabies and other diseases of dogs shall be liable to a penalty of $100 for each offense, to be recovered by and in the name of the Borough of North Plainfield. A person who refuses or neglects to pay forthwith the amount of a judgment rendered against him and the costs and charges incident thereto may be committed by the court to the County Jail for a period not exceeding 10 days in the case of the first conviction and in the case of a conviction for a second, subsequent or continuing violation, for a period not exceeding 30 days. In any case, fines and penalties shall apply and any day they remain unpaid shall constitute a separate violation.
[Ord. #07-21]
a.
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(b) 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 N.J.S.A. 4:22-24
and N.J.S.A. 4:22-26;
4.
Has been trained, tormented, badgered, baited or encouraged to engage
in unprovoked attacks upon persons or domestic animals.
b.
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. #07-21]
a.
The Animal Control Officer shall notify the Borough Municipal Court
and the Borough Health Officer immediately that he has seized and
impounded a dog pursuant to this Chapter, or that he/she 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. If its owner cannot be identified
within seven calendar days, that dog may be humanely destroyed.
b.
The Animal Control Officer shall, within five calendar days of the
determination of the identity of the owner of a dog seized and impounded
pursuant to this Section, notify by certified mail, return receipt
requested and regular mail, 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 respond within seven calendar
days, by certified mail or hand delivery, a signed statement indicating
whether he or she 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 and regular mail, or refuses to sign for the certified
letter/regular letter, or does not reply to the certified letter with
a signed statement within seven calendar days of receipt, the dog
may be humanely destroyed.
[Ord. #07-21]
The Borough and the owner of the dog may settle and dispose
of any violation of this Chapter at any time in such manner and according
to such terms and conditions as may be mutually agreed upon. 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
shall, 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 of North Plainfield notwithstanding the
prohibition against such causes of action set forth in this Section.
[Ord. #07-21]
a.
The Borough of North Plainfield Municipal Court shall declare the
dog vicious if it finds by clear and convincing evidence that the
dog:
b.
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 found to have been provoked. The Borough shall bear the
burden of proof to demonstrate that the dog was not provoked.
c.
If the Borough of North Plainfield Municipal Court declares a dog
to be vicious, and no appeal is made of this ruling pursuant to this
Section, the dog shall be destroyed in a humane and expeditious manner,
except that no dog may be destroyed during the pendency of an appeal.
[Ord. #07-21]
a.
The Municipal Court shall declare a dog to be potentially dangerous
if it finds by clear and convincing evidence that the dog:
1.
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,
3.
Has been trained, tormented, badgered, baited or encouraged to engage
in unprovoked attacks upon persons or domestic animals.
c.
For the purposes of paragraph a1 of this Section, the Borough shall
bear the burden of proof to demonstrate that the dog was not provoked.
[Ord. #07-21]
If the Borough of North Plainfield Municipal Court declares
the dog to be potentially dangerous, it shall issue an order and a
schedule for compliance which, in part:
a.
Shall require the owner to comply with the following conditions:
1.
To apply, at his own expense, to the Borough Clerk or other official
designated by the Borough to license dogs, for a special potentially
dangerous dog license, Borough registration number, and red identification
tag issued by the Borough pursuant to this Chapter. 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 potentially dangerous dog license,
Borough registration number, and red identification tag from the Borough;
2.
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 50 feet of the enclosure required pursuant to the provisions of subsection 5-1.24a3 below;
3.
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;
b.
Shall require the owner to maintain liability insurance in an amount
determined by the Borough of North Plainfield 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 of North Plainfield
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. The owner shall provide
the Borough with a copy of said policy.
[Ord. #07-21]
The owner of the dog, or the Animal Control Officer in the municipality
in which the dog was impounded, may appeal any final decision, order,
or judgment, including any conditions attached thereto, of the Borough
of North Plainfield Municipal Court 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 hear the appeal by conducting
a hearing de novo in the manner established by those rules for appeals
from courts of limited jurisdiction.
[Ord. #07-21]
a.
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 of North Plainfield for the actual 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
Borough pound, regardless of whether the dog is ultimately found to
be vicious or potentially dangerous.
b.
If the dog has bitten or exposed a person within 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.
[Ord. #07-21]
If the Borough of North Plainfield 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.
[Ord. #07-21]
The owner of a potentially dangerous dog shall:
a.
Comply with the provisions of this Chapter in accordance with a schedule established by the Borough of North Plainfield Municipal Court, but in no case more than 20 days subsequent to the date of determination, with the exception of an appeal filed under subsection 5-1.25 above;
b.
Notify the Borough Clerk or other licensing authority designated
by the Borough of North Plainfield, local Police Department, and the
Animal Control Officer if a potentially dangerous dog is at large,
or has attacked a human being or killed a domestic animal;
c.
Notify the Borough Clerk or other licensing authority designated
by the Borough of North Plainfield, local Police Department or force,
and the Animal Control Officer within 24 hours of the death, sale
or donation of a potentially dangerous dog;
d.
Prior to selling or donating the dog, inform the prospective owner
that the dog has been declared potentially dangerous;
e.
Upon the sale or donation of the dog to a person residing in a different
municipality, notify the department and the licensing authority, Police
Department, and Animal Control Officer of that municipality of the
transfer of ownership and the name, address and telephone of the new
owner; and,
f.
In addition to any license fee required pursuant to this Chapter,
pay a potentially dangerous dog license fee to the applicable municipality.
[Ord. #07-21]
The owner of a potentially dangerous dog who is found to have violated this Section, namely subsections 5-1.19 through 5-1.28, or any rule or regulation adopted pursuant thereto, or to have failed to comply with a court order shall be subject to a fine of not more than $1,000 per day of the violation, and each day's continuance of the violation shall constitute a separate and distinct violation. The Borough of North Plainfield Municipal Court shall have jurisdiction to enforce this Chapter. An Animal Control Officer is authorized to seize and impound any potentially dangerous dog whose owner fails to comply with the provisions of this Chapter, or a court's order. The Borough of North Plainfield Municipal Court may order that the dog so seized and impounded be destroyed in an expeditious and humane manner.
[Ord. #07-21]
The Borough of North Plainfield shall:
a.
Issue a potentially dangerous dog registration number and red identification
tag, along with a potentially dangerous dog license upon a demonstration
of sufficient evidence by the owner of the potentially dangerous dog
to the Animal Control Officer that he/she has complied with the Borough
of North Plainfield Municipal Court's orders. The last three
digits of each potentially dangerous dog registration number issued
by the Borough will be the three number code assigned to the Borough
of North Plainfield by the New Jersey State Department of Health.
The Animal Control Officer shall verify, in writing, the owner's
compliance to the Borough Clerk or other licensing authority designated
by the Borough of North Plainfield.
b.
Publicize a telephone number for reporting violations of this Chapter.
This telephone number shall be forwarded to the department and any
changes in this number shall be reported immediately to the department.
[Ord. #07-21]
[Ord. #07-21]
All fines and fees collected or received by the Borough of North
Plainfield from the owner of a vicious dog or potentially dangerous
dog pursuant to this Chapter shall be deposited in a special account
and used by the Borough to administer and enforce the provisions of
this Chapter dealing with vicious dogs or potentially dangerous dogs.
[Ord. #07-21]
The provisions of this Section shall not apply to dogs used
for law enforcement activities within the Borough.
[Ord. #07-21]
a.
Prohibited Acts. It shall be unlawful for any person to willfully
or maliciously torture, torment, beat, kick, strike, mutilate, injure,
disable or kill any dog used by the Police Department of the Borough
in the performance of the functions or duties of such Department or
to interfere with or meddle with any such dog while being used by
the Department or any member thereof in the performance of any of
the functions or duties of the Department or of any officer or member
of the Department.
[Ord. #07-21]
A certified Animal Control Officer, either appointed by the
Borough of North Plainfield or responding to a request for assistance
by the Borough of North Plainfield, shall have the power and authority,
within the jurisdiction of the Borough to:
a.
Enforce all laws and/or ordinances enacted for the protection of
animals, including, but not limited to, animal control, animal welfare
and animal cruelty laws of the State of New Jersey and ordinances
of the Borough;
b.
Investigate and sign complaints concerning any violation of an animal
control, animal welfare or animal cruelty laws of the State of New
Jersey or ordinance of the Borough; and
c.
Act, by virtue of the officer's appointment or employment and
in addition to any other power and authority, as an officer for the
detection, apprehension and arrest of offenders against the animal
control, animal welfare and animal cruelty laws of the State of New
Jersey and ordinances of the Borough.
d.
A certified Animal Control Officer who signs a complaint, issues
a summons, makes an arrest, or otherwise acts pursuant to his authority
under the laws of the State of New Jersey or ordinances of the Borough,
shall forward within seven calendar days a copy of that complaint,
summons, or arrest warrant or report to the New Jersey Society for
the Prevention of Cruelty to Animals and shall forward a report of
any related court action within 30 calendar days of final disposition.
[1]
Editor's Note: Ordinance No. HO 2016-01, codified throughout
this section, was adopted by the North Plainfield Board of Health.
[Ord. No. 07-21; Ord. No. HO 2016-01 § 1]
As used in this Section:
Shall mean any person or agency designated or certified by
the State of New Jersey Commissioner of Health and Senior Services
to enforce the provisions of this Section.
Shall mean the Health Officer, Sanitarian, an Animal Control
Officer, a Police Officer or any other authorized representative of
the Borough of North Plainfield.
Shall mean any person who provides food, water or shelter
to or otherwise cares for a feral cat that has been Trap, Neuter,
Return or is in the process of being a Trap, Neuter and Return.
[Ord. No. HO 2016-01 § 1]
Shall mean any animal of the domestic feline species; male,
female, or altered.
Shall mean any cat which has attained the age of seven months,
or which possesses a set of permanent teeth.
Shall mean a cat who is not socialized to humans and not
an owned cat by any individual or entity.
[Ord. No. HO 2016-01 § 1]
Shall mean the office of the Borough Clerk or any designated
representative charged with administering this Section and/or issuing
or revoking licenses under the provisions of this Section.
Shall mean every person having a right of property (or custody)
in any cat and every person who has a cat in his or her keeping, with
the exception of a feral cat who is Trap, Neuter, Return ("TNR") or
is in the process of being a Trap, Neuter, Return.
[Ord. No. HO 2016-01 § 1]
Shall mean and apply to any cat not being physically restrained
by the owner which is off and not on the premises of the owner.
Shall mean a cat who is socialized to humans and is not an
owned cat.
[Ord. No. HO 2016-01 § 1]
Shall mean the process by which feral cats are trapped, neutered
or spayed, vaccinated against rabies, ear-tipped and returned to the
location where they congregate.
[Ord. No. 07-21; Ord. No. HO 2016-01 § 1]
No person shall abandon any cat, no matter what its age or condition,
within the Borough. The Trap, Neuter, Return of a feral or stray cat
shall not constitute abandonment pursuant to this section.
[Ord. No. 07-21; Ord. No. HO 2016-01 § 1]
No owner shall permit or allow any cat of licensing age to run
at large. Nothing in this Section shall be construed to apply to feral
cats.
[Ord. #07-21]
No owner shall permit or allow, either willfully or negligently,
any cat to create a nuisance upon the property of another or to destroy
or deface the property of another, whether the same be real or personal.
[Ord. No. 07-21; Ord. No. HO2016-01 § 1]
a.
No person shall own, keep, harbor or maintain any cat of licensing
age within the Borough unless the cat is vaccinated against rabies
and licensed. All such cats shall be vaccinated by a duly licensed
veterinarian in accordance with the regulations promulgated by the
New Jersey Department of Health. A feral cat who is a Trap, Neuter,
Return or is in the documented process of being a Trap, Neuter, Return
is exempt from the licensing requirement.
[Ord. No. HO 2016-01 § 1]
b.
Newly acquired cats of licensing age must be vaccinated within 10
days of acquisition and before a permit or license will be issued.
c.
Any person owning, keeping, harboring or maintaining a cat within
the Borough may, subject to such reasonable rules and regulations
which may be established by the Health Officer, have such cat inoculated
at any Borough sponsored clinic for the prevention of rabies in cats.
[Ord. #07-21]
A certificate of vaccination shall be issued to the owner of
each cat vaccinated on a form recommended by the New Jersey State
Department of Health and consistent with Borough requirements.
[Ord. No. 07-21; Ord. No. HO 2016-01 § 1]
The foregoing vaccination and licensing requirements shall not
apply to cats held by a State or Federally licensed research facility
or a veterinary establishment where cats are received or kept for
diagnostic, medical, surgical, or other treatment, or licensed animal
shelters, pounds, kennels or pet shops. The foregoing licensing requirement
shall not apply to feral cats who are Trap, Neuter, Return or are
in the documented process of being Trap, Neuter, Return.
[Ord. #07-21]
A cat may be exempted from the requirements of vaccination for
a specific period of time by an authorized agent upon presentation
of a veterinarian's certificate stating that because of an infirmity
or other physical condition, regimen or therapy, the inoculation for
the cat is deemed inadvisable.
[Ord. No. 07-21; Ord. No. HO 2016-01 § 1]
Any person who owns, keeps, harbors or maintains a cat of licensing
age, must apply and procure annually from the licensing authority,
a license and official registration tag with license number for each
cat so owned, kept, harbored or maintained. Licenses and registration
tags shall not be transferable. This requirement shall not apply to
feral cats who are Trap, Neuter, Return or are in the documented process
of being Trap, Neuter, Return.
[Ord. #07-21]
Cat licenses shall be applied for and procured before January
31st of each year. The owner of any newly acquired cat of licensing
age, or any cat which attains licensing age during any other period,
must purchase a license within 10 calendar days of such acquisition
or age attainment.
[Ord. #07-21]
a.
Any person who brings or causes any cat of licensing age to be brought
into the Borough which is licensed in another State for the then current
year and which bears a registration tag, may keep or permit said cat
to be kept within the Borough for a period of no more than 90 calendar
days, unless a license and registration tag for such cat is applied
for and procured pursuant to the provisions of this Section.
b.
Any person who brings or causes to be brought any unlicensed cat
of licensing age into the Borough, may keep or permit said cat to
be kept within the Borough for a period of no more than 10 calendar
days, unless a license and registration tag for such cat is applied
for and procured pursuant to the provisions of this Section.
c.
Any valid New Jersey license and registration tag or similar type
identification marker issued by a New Jersey municipality shall be
accepted by the Borough as evidence of compliance with the provisions
of this Section for the year of issuance of such license.
[Ord. #07-21]
The application shall state the breed, sex, whether or not spayed
or neutered, date of birth, color, and markings of the cat for which
license and registration tag are sought, and whether it is of a long
or short haired variety; and the names, streets, and mailing addresses
of the owner and the person, if other than the owner, who shall keep,
harbor or maintain said cat. The information on said application and
the registration number issued for the cat shall be preserved for
a period of three years by the licensing authority.
[Ord. #07-21]
License forms and registration tags shall be furnished by the
licensing authority, shall be numbered sequentially, shall bear the
year of validity and the name of the Borough. Licenses and registration
tags shall be valid from January 1 of a given year through December
31 of the same year.
[Ord. #07-21]
The Borough Clerk or other licensing authority designated by the Borough of North Plainfield to license cats shall not grant a license for any cat unless the owner presents a certificate of vaccination pursuant to subsection 5-2.6 above, or has been certified as exempt as provided in subsection 5-2.7 above.
[Ord. #07-21; Ord. No. 2018-07]
A license shall be issued upon payment of a fee by the person
applying therefor of $15 for each reproductive cat and $13 for each
spayed or neutered cat, regardless of the number of cats. Proof of
spaying or neutering by a duly licensed veterinarian shall be required
prior to issuance of a license at the rate for spayed or neutered
cat(s). Persons who fail to obtain a license as required within the
time period specified in this Section shall be subject to a delinquent
fee per cat of $3 for any license application received after January
31 of the licensing year, together with any other fines due to summonses
issued that may be imposed as provided in this Section for failure
to obtain a cat license before February 1. The aforementioned delinquent
fee shall not apply to cats which have been acquired by the owner
after January 31, provided the owner shall present sufficient proof
to establish that the cat was acquired after January 31 and provided
further that the cat shall be licensed within the time as otherwise
required by this Section. The aforementioned delinquent fee shall
not apply to cats which do not attain licensing age until after January
31 and provided further that the cat shall be licensed within the
time as otherwise required by law. The fee for the renewal of license
and registration tag shall be the same as for an original issuance.
Each original license and registration tag or renewal thereof shall
expire on December 31 of the applicable year. If a license tag has
been misplaced or lost, the Borough Clerk or other person designated
by the licensing authority may issue a duplicate license and registration
tag for that particular cat upon payment of a fee of $5.
[Ord. No. 07-21; Ord. No. HO 2016-01 § 1]
The owner shall place and maintain upon each such cat a collar,
harness, or other device with the registration tag securely fastened
thereto. No person, except a municipal officer in the performance
of his/her duties, shall remove a registration tag from the collar
of any cat without the consent of the owner nor shall any person attach
a registration tag to a cat for which it was not issued. Proof of
licensing shall be produced by any person owning, keeping, maintaining
or harboring a cat upon the request of any authorized agent of the
Borough. This requirement shall not apply to feral cats who are Trap,
Neuter, Return or are in the documented process of being Trap, Neuter,
Return.
[Ord. #07-21]
No person shall hinder, molest or interfere with any authorized
agent in the performance of any duty under this Section.
[Ord. #07-21]
License fees and other moneys collected or received under the
provisions of this Section shall be forwarded to the Borough Treasurer
within 48 hours of receipt and shall be placed in a separate account
to be used for the following purposes only: collecting, keeping, and
disposing of animals liable to seizure; local control of rabies; providing
anti-rabies treatment for any person known or suspected to have been
exposed to rabies; and for administering and implementing the provisions
of this Section.
[Ord. No. 07-21; Ord. No. HO 2016-01 § 1]
The authorized agent of the Borough shall cause an annual canvass
to be made of all cats owned, kept, or harbored within the limits
of the Borough and shall report to the Licensing Authority and to
the Board of Health of the Borough the result thereof, setting forth
in separate columns the names and addresses of persons owning, keeping,
or harboring such cats, the number of licensed cats owned, kept, or
harbored by each of the persons, together with the registration numbers
of each of the cats, and the numbers of unlicensed cats owned, kept,
or harbored by each of the persons, together with a complete description
of each of the unlicensed cats. The provisions of this section shall
not be construed to require a canvass to be made of feral cats.
[Ord. No. 07-21; Ord. No. HO 2016-01 § 1; Ord. No. 2018-07]
a.
An authorized agent may take cats into custody and impound and later
destroy them, release them to the owner, or offer them for adoption,
as provided within this Section, in the following situations:
b.
If any cat is taken into custody whose owner is known or which is
wearing a registration tag, an authorized agent shall attempt to contact
the owner. If the cat is not claimed by the owner or contact cannot
be made with the owner within 48 hours of seizure, a notice in writing
will be sent to the owner stating that the cat has been seized and
is subject to being offered for adoption or destroyed if not claimed
within seven calendar days after the service of the notice.
c.
A notice under this Section shall be deemed to be effective if served
personally, or by leaving it at the person's usual or last known
place of abode or at the address given in the license application,
or by mailing to any such address by United States mail, postage prepaid.
d.
An authorized agent may cause a cat to be offered for adoption or
destroyed in a humane manner and consistent with the provisions of
N.J.S.A. 4:22-19, seven calendar days after seizure, provided that:
1.
The cat was not wearing a valid registration tag at the time of seizure
and the owner is unknown; or,
2.
A notice was served as provided and the cat was not claimed; or,
3.
The owner or person keeping or harboring a cat which was unlicensed
at the time of seizure does not within a reasonable period of time
produce a valid license and registration tag for the cat.
f.
No impounded cat shall be sold or otherwise made available for the
purpose of experimentation.
g.
After observation, any cat seized under this Section suspected of
being rabid shall be immediately reported to the executive officer
of the Borough Board of Health and to the State of New Jersey Department
of Health and Senior Services. If the cat has bitten or exposed a
person within 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.
h.
If an owner requests pickup of an animal, including any kitten(s)
born to the parent cat, the owner shall be responsible for all expenses
in connection with offering the animal(s) for adoption or euthanasia
of the unwanted animal(s).
[Ord. #07-21; Ord. No. 2018-07]
Any person who violates or who fails or refuses to comply with
any part of any of this Section or with the rules and regulations
promulgated by the New Jersey State Department of Health governing
the prevention and spread of rabies and other diseases of cats shall
be liable to a penalty of $150 for each offense, to be recovered by
and in the name of the Borough of North Plainfield. A person who refuses
or neglects to pay forthwith the amount of a judgment rendered against
him and the costs and charges incident thereto may be committed by
the court to the County Jail for a period not exceeding 10 days in
the case of the first conviction and in the case of a conviction for
a second, subsequent or continuing violation, for a period not exceeding
30 days. In any case, fines and penalties shall apply and any day
they remain unpaid shall constitute a separate violation.
[Ord. #07-21]
As used in this Section:
Shall mean any room or group of rooms, cage or exhibition
pen, not part of a kennel, wherein dogs, cats or other animals including
but not limited to, reptiles, rodents or fowl for sale are kept or
displayed.
Shall mean an establishment for the confinement of dogs seized
either under the provisions of this Section or otherwise.
Shall mean any establishment where dogs are received, housed
and distributed without charge.
[Ord. #07-21]
Any person who keeps or operates or proposes to establish a
kennel, a pet shop, a shelter, a pound or a private home in which
a total of six or more dogs and/or cats are kept or harbored, shall
apply to the Health Officer of the Borough for a license entitling
him or her to keep or operate such establishment.
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 Borough showing compliance with
all of the local and State rules and regulations governing location
of and sanitation at such establishments. The application shall also
state the name, street and post office address of the owner and the
person who shall keep or harbor such dogs and/or cats.
All licenses issued for a kennel, a pet shop, a shelter, a pound
or a private home in which a total of six or more dogs and/or cats
are kept or harbored shall expire on the last day of January of each
year and be subject to revocation by the Borough Council on recommendation
of the New Jersey State Department of Health or the Health Officer
of the Borough after the owner has been afforded a hearing by either
the New Jersey State Department of Health or the Board of Health of
the Borough.
Any person holding such license shall not be required to secure
an individual license for a dog or cat owned by such licensee and
kept at such establishments except in the case of private homes with
a total of six or more dogs and/or cats, in which case individual
licenses are required. Such licenses shall not be transferable to
another owner or different premises.
[Ord. #07-21; Ord. No. 2018-07]
The annual license fee for a kennel or pet shop shall be $300.
An annual license fee of $10 per dog/cat shall be charged for a private
home in which a total of six or more dogs and/or cats are kept or
harbored. In addition to these license fees, the person applying for
said license shall be required, as a condition for the issuance of
a license, to pay such additional sums, fees and/or surcharges as
shall be required by the State of New Jersey to be collected and/or
forwarded to the State or any agency thereof by way of sum, fee and/or
surcharge in connection with the issuance of any dog license. No fee
shall be charged for a shelter or pound.
[Ord. #07-21]
No dog or cat kept in a kennel, pet shop, shelter or pound shall
be permitted off such premises except on a leash or in a crate or
other safe control.
[Ord. #07-21]
The Licensing Authority shall forward to the New Jersey State
Department of Health a list of all kennels, pet shops, shelters and
pounds licensed within 30 calendar 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. #07-21]
Any person who violates or who fails or refuses to comply with
any part of this Section or with the rules and regulations promulgated
by the New Jersey State Department of Health governing the sanitary
conduct and operation of kennels, pet shops, shelters, pounds, or
private homes wherein more than six dogs and/or cats are kept or harbored,
to preserve sanitation therein and prevent the spread of rabies and
other diseases of dogs or cats within and from such establishments
shall be liable to a penalty of $100 for each offense, to be recovered
by and in the name of the Borough of North Plainfield. A person who
refuses or neglects to pay forthwith the amount of a judgment rendered
against him and the costs and charges incident thereto may be committed
by the court to the County Jail for a period not exceeding 10 days
in the case of the first conviction and in the case of a conviction
for a second, subsequent or continuing violation, for a period not
exceeding 30 days. In any case, fines and penalties shall apply and
any day they remain unpaid shall constitute a separate violation.
[Deleted by Ord. No. 2016-14 and Ord. No. HO 2016-02 § 13]
[Ord. #07-21]
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.
Shall mean to give, place, expose, deposit, distribute or
scatter any edible material with the intention of feeding, attracting
or enticing wildlife. Feeding 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 all animals that are neither human nor domesticated.
[Ord. #07-21]
No person shall feed, in any public park or on any other property
owned or operated by the Borough of North Plainfield, any wildlife,
excluding confined wildlife (for example, wildlife confined in zoos,
parks or rehabilitation centers, or unconfined wildlife at environmental
education centers, or feral cats as part of an approved Trap-Neuter-Release
program).
[Ord. #07-21]
[Ord. #07-21]
Any person(s) who is found to be in violation of the provisions
of this Section shall be subject to a fine not to exceed $1,250.
[Ord. #07-21]
It shall be unlawful for any person train, torment, badger,
bait or encourage a dog, cat or other domestic animal to engage in
unprovoked attacks upon persons or other dogs, cats or domestic animals.
[Ord. #07-21]
It shall be unlawful for any person to willfully or maliciously
torture, torment, unnecessarily or cruelly beat, kick, strike, mutilate,
injure, hang, maim, poison, disable or kill any dog, cat or domestic
animal or cause or procure, by any direct or indirect means, including
but not limited to through the use of another living animal or creature
the foregoing acts.
[Ord. #07-21]
It shall be unlawful for any person surgically debark or silence
a dog, or cause a dog to be surgically debarked or silenced.
[Ord. #07-21]
Any person who violates any provision of this Section shall
be subject to a fine of not less than $3,000 nor more than $5,000
for each such offense. For purposes of this Section, each occurrence
of an act prohibited by this Section on an animal or more than one
animal subject to this Section shall be considered separate offenses
for each animal and for each act inflicted upon each animal.
[1]
Editor's Note: Ordinance No. HO 2016-01, codified herein
was adopted by the North Plainfield Board of Health.
[Ord. No. HO 2016-01 § 2]
A feral cat is an unsocialized cat who is unable to live indoors. Feral cats are domestic animals and, therefore, exempt from restrictive ordinances concerning wildlife. Feral cats who are managed through Trap, Neuter, Return ("TNR") are neither owned animals nor stray animals, thus they are exempt from the code provisions which are intended for owned or stray animals. The following sections of Chapter 5 of the Borough Code listed below shall not apply to feral cats managed through TNR or to any person or organization that is providing care for one or more feral cats and has taken demonstrable steps to trap and sterilize the animal or animals:
[Ord. No. HO 2016-01 § 2]
The person or entity employed by the Borough, or under contract
with the Borough, to provide animal control services shall, upon receiving
a complaint about a feral cat, or trapping a feral cat, attempt to
determine if the cat has been a Trap, Neuter, Return (TNR). If there
is evidence that the cat is a TNR feral cat, including, but not limited
to, information provided by the complainant, an ear-tip on the cat,
and/or evidence that the cat is neutered, the Animal Control Officer
shall attempt to identify and contact the caregiver of the cat and
shall, before impounding the cat, attempt to resolve the situation
using best practice nuisance abatement procedures including, but not
limited to, mediation, recommendations for or provision of deterrent
and/or exclusionary devices, and/or recommendations for enclosing
the cat.
