[HISTORY: Adopted by the Mayor and Council of the Borough
of Mount Arlington as Chapter VI of the 1982 Compilation. Amendments
noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any dog, bitch or spayed bitch.
Any dog which has attained the age of seven months or which
possesses a set of permanent teeth.
Any person exercising control over a dog or permitting a
dog to remain on premises under his control.
When applied to the proprietorship of a dog, every person
having a right of property in the dog and every person who has a dog
in his keeping.
Any dog which has been declared by a Municipal Judge to be
a vicious dog which has attacked or bitten any human being, or which
habitually attacks other dogs or domestic animals.
Includes those nondomesticated species of birds commonly
known as "swans", "geese", "brant", "river and sea ducks", and any
other waterfowl that generally follow a seasonal migration pattern.
[Added 3-11-2003 by Ord.
No. BH 2003-01]
[Amended 12-18-1991 by Ord. No. 91-17; 3-15-1995 by Ord. No. 95-11; 5-7-2007 by Ord. No. 10-07; 5-10-2016 by Ord. No. 03-2016; 12-20-2022 by Ord. No. 11-2022]
A.
License, when required. Licenses shall be required for the following
dogs of licensing age:
(1)
Any dog owned or kept within the borough by a resident of the borough
on the first day of January of any calendar year.
(2)
Any dog acquired by any person during the course of any calendar
year and kept within the borough for more than 10 days after acquisition.
(3)
Any dog attaining licensing age during the course of the calendar
year.
(4)
Any unlicensed dog brought into the borough by any person and kept
within the borough for more than 10 days.
(5)
Any dog licensed by another municipality brought into the borough
by any person and kept within the borough for more than 90 days.
B.
C.
Application for license, when made. Applications for licenses for
dogs which are required to be licensed by the provisions of Subsection
A(1) shall be made before the first day of February of each calendar
year. In all other cases, the application for a license shall be made
at the time the dog in question first becomes subject to the provisions
of this chapter.
D.
License record. The information on all applications under this chapter
and the registration number issued to each licensed dog shall be preserved
for a period of three years by the Borough Clerk. In addition, he
shall forward similar information to the State Department of Health
each month on forms furnished by the Department.
E.
Fees.
(1)
The following fees shall be charged: The fee for issuance of dog
license and any renewal thereof shall be $16 for a dog that is spayed
or neutered; and $19 for a dog that is not spayed or neutered. It
shall be the obligation of the applicant for a dog license or renewal
of a dog license to present a certificate signed by a licensed veterinarian
stating that the dog has been spayed or neutered. A portion of the
fees collected shall be forwarded to the State Department of Health
as follows: $3 for any dog of reproductive age which has not had its
reproductive capacity permanently altered through sterilization, N.J.S.A.
4:19-15.3b; $0.20, Pilot Clinic Fund, N.J.S.A. 4:19-15.3c; $1 for
registration tag, N.J.S.A. 4:19-15.3. If the New Jersey Department
of Health increases its charge, then the foregoing fees shall be deemed
automatically increased with the increase in such state charge. Applications
made after January 31 for a license renewal will be subject to a late
penalty fee of $1 per month.
(2)
In addition to the foregoing fees, a late charge of $1 shall be assessed
for the issuance of a license or renewal thereof on the first day
of the month next succeeding the month during which an application
for license or renewal thereof should have been made in accordance
with the provisions of this chapter, and an additional late charge
of $1 on the first day of each month thereafter, such late charge(s)
to accumulate until such time as the required application is made.
No license shall be issued until all fees and charges are paid.
(3)
The fees set forth in this section shall take effect on January 1,
1992.
F.
Expiration date. Each dog license and registration tag shall expire
on the last day of January of the calendar year following the calendar
year in which it was issued.
G.
Exceptions. Dogs used as guides for blind persons and commonly known
as "Seeing Eye" dogs, dogs used to assist handicapped persons and
commonly known as "service" dogs and dogs used to assist deaf persons
and commonly known as "Hearing Ear" dogs shall be licensed in the
same manner as other dogs, except that the owner or keeper shall not
be required to pay any fee.
A.
License fees and other moneys collected or received under the provisions
of this chapter, except registration tag fees, shall be forwarded
to the Borough Treasurer within 30 days after collection or receipt
and shall be placed in a special account separate from any of the
other accounts of the borough. The moneys 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;
antirabies treatment under the direction of the local Board of Health
for any person known to have been or suspected of having been exposed
to rabies; all other purposes prescribed by the statutes of New Jersey
governing the subject; and the administration of the provisions of
this chapter. Any 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 section.
At the end of the third fiscal year following, and at the end of each
fiscal year thereafter, there shall be transferred from the special
account to the general funds of the borough any amount then in the
account which is in excess of the total amount paid in during the
last two fiscal years next preceding.
B.
The registration tag fee of $1 for each dog shall be forwarded within
30 days after collection by the Clerk to the State Department of Health.
[Amended 3-15-1995 by Ord. No. 95-11; 5-10-2016 by Ord. No. 03-2016]
The Mayor and Council shall appoint a person to biannually cause
a canvass to be made of all dogs and cats owned, kept or harbored
within the limits of the Borough and shall report to the Clerk, the
Board of Health and the State Department of Health the results thereof,
setting forth in separate columns the names and addresses of persons
owning, keeping or harboring dogs or cats; the number of licensed
dogs or cats owned, kept or harbored by each person, together with
the registration number of each dog or cat; and the number of unlicensed
dogs or cats owned kept or harbored by each person, together with
a complete description of each unlicensed dog or cat.
[Amended 3-15-1995 by Ord. No. 95-11]
A.
Complaint; investigation; report. It shall be the duty of the Police
Department and the Animal Control Officer to receive and investigate
complaints against dogs. If they deem any dog complained of to be
a vicious dog, they shall report their findings in writing to the
Municipal Judge.
B.
Notice; hearing. The Municipal Judge shall notify the owner of keeper
of an allegedly vicious dog, in writing, that a complaint has been
made and shall require the person to appear before him at a state
time and place for a hearing. The Judge shall conduct the hearing
in the same manner as he would conduct the trial of a criminal case.
If the Judge decides that the dog complained of is a vicious dog,
he shall so notify the owner or keeper of the dog.
C.
Control of vicious dogs. No person owning or keeping a vicious dog
shall permit the dog to be off the property of the owner or keeper
without being securely muzzled.
[Amended at time of adoption of Code; 3-5-1995 by Ord. No. 95-1; 9-23-2004 by Ord. No. 13-2004; 7-12-2011 by Ord. No. 12-2011; 4-17-2012 by Ord. No. 06-2012; 5-10-2016 by Ord. No.
03-2016]
A.
Causes for impounding. The Animal Control Officer shall take into
custody and impound, or cause to be taken into custody and impounded,
any of the following dogs:
(1)
Any unlicensed dog running at large in violation of the provisions
of this chapter.
(2)
Any dog off the premises of the owner or of the person keeping or
harboring the dog which the Animal Control Officer or agent has reason
to believe is a stray dog.
(3)
Any dog off the premises of the owner of or of the person keeping
or harboring the dog without a current registration tag on its collar.
(4)
Any female dog in season off the premises of the owner of or of the
person keeping or harboring the dog.
B.
Access to premises. Any officer or agent authorized or empowered
to perform any duty under this chapter is hereby authorized to go
on any premises to seize for impounding any dog which he may lawfully
seize and impound when the officer is in immediate pursuit of the
dog, except on the premises of the owner of the dog if the owner is
present and forbids it.
C.
Notice of seizure.
(1)
If any dog so impounded or seized wears a registration tag, collar
or harness showing the name and address of any person, or if the owner
of or the person keeping or harboring the dog is known, the Animal
Control Officer shall immediately serve on the person whose address
is given on the collar, or on the person owning, keeping or harboring
the dog, a written notice stating that the dog has been seized and
will be liable to be disposed of or destroyed if not claimed within
seven days after service of the notice.
(2)
A notice under this subsection 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 mail in a prepaid letter addressed
to that person at that person's usual or last-known place of abode
or to the address given on the collar.
D.
Disposition of unclaimed dogs. The Animal Control Officer is authorized
and empowered to cause the destruction of any unclaimed dog, in as
humane a manner as possible, under any of the following contingencies:
(1)
When any dog so seized has not been claimed by the person owning,
keeping or harboring the dog within seven days after notice or within
seven days of the dog's detention when notice has not been or cannot
be given, as set forth in Subsection C.
(2)
If the person owning, keeping or harboring any dog so seized has
not claimed the dog and has not paid all expenses incurred by reason
of its detention, including maintenance, not to exceed $21 for each
day of impoundment, plus $10 for each vaccination and/or medication
administered and $10 for flea and/or tick treatments determined to
be necessary.
(a)
The following charges shall be paid to the Borough of Mount
Arlington as expenses incurred by reasons of detention in accordance
with the provisions of this section:
(3)
If the seized dog is unlicensed at the time of its seizure and the
person owning, keeping or harboring the dog has not produced a license
and registration tag as provided in this chapter.
[Amended 7-19-2000 by Ord. No. 2000-13; 5-10-2016 by Ord. No. 03-2016]
No person shall own, keep or harbor a dog in the borough except
in compliance with the provisions of this chapter and the following
regulations:
A.
Wearing of registration. All dogs which are required by the provisions
of this chapter to be licensed shall wear a collar or harness with
the registration tag for the dog securely fastened thereto.
B.
Use of registration tags. No person, except an officer in the performance
of their 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.
C.
Interference with official duties. No person shall hinder, molest
or interfere with anyone authorized or empowered to perform any duty
under this chapter.
D.
Disturbing the peace. No person shall own, keep, harbor or maintain
any dog which habitually barks, or cries to an extent that same is
audible off the premises.
E.
Running at large. No person shall permit any animal to run at-large
in the borough at any time. An animal is deemed at-large when the
animal is on any public street, alley, public park, recreation area,
public ground, municipally owned property, or off of the premises
of the owner or person who has custody or control of the animal; and
the animal is not constrained by a leash or under the immediate control
of the owner or person who has custody of the animal.
F.
Leashing of dogs. No person owning, keeping or harboring any dog
shall permit it to be upon any public street, alley, public park,
recreation area, public ground, municipally owned property, or off
of the premises of the owner or person who has custody or control
of the animal unless such dog is accompanied by a responsible person
over the age of 18 years and the dog is securely confined and controlled
by an adequate leash not more than four feet long.
G.
Property damage. 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.
[Amended 3-15-1995 by Ord. No. 95-1; amended 7-8-02 by Ord. No. 02-23]
Any person who violates or who fails or refuses to comply with § 48-2 of this chapter shall be liable to a penalty of not less than $5 nor more than $50 for each offense, except that for the first offense, the penalty shall be not less than $1 nor more than $50. Any person violating any other part of this chapter shall, upon conviction thereof, be liable to the penalty provided by Chapter 1, Article III.
[Added 12-18-1991 by Ord.
No. 91-17; amended 7-8-2003 by Ord. No. BH 2003-02; 9-23-2004 by Ord. No. 13-04]
A.
Licensing; fees.
(1)
No person shall own, keep, harbor or maintain any cat over seven
months of age within the Borough of Mount Arlington unless such cat
is vaccinated and licensed. The provisions of this section shall not
apply to cats held in a cattery or those held by a state or federal
licensed research facility or a veterinary establishment where cats
are received or kept for diagnostic, medical, surgical or other treatments
or licensed animal shelters, pounds, kennels or pet shops.
(2)
The Borough of Mount Arlington Animal Registrar may issue an animal
license tag to any owner of a cat, not otherwise required to be licensed
under this chapter, who voluntarily wishes to register the animal
with the borough.
(3)
License application.
(a)
Any person who shall own, keep or harbor a cat of licensing
age shall annually, in the month of January, obtain a license and
official metal registration tag for each such cat.
(b)
The owner of any newly acquired cat of licensing age or of any
cat that attains licensing age after January of any calendar year
shall make application for a license tag for such cat within 10 days
after such acquisition or age attainment. This requirement shall not
apply to any person keeping a cat within the Borough of Mount Arlington
for no longer than 90 days.
(4)
Issuance of license; disposition of fees.
(a)
Issuance of a cat license and any renewal thereof shall be $15
for each cat so licensed or renewed, if it is spayed or neutered,
and shall be $18 if the cat is not spayed or neutered.
[Amended 5-7-2007 by Ord.
No. 10-07]
(b)
Disposition of fees collected. License fees and other moneys
collected or received under the provisions of this section shall be
forwarded to the Treasurer of the Borough and shall be placed in a
special account, separated from any other accounts of the borough,
and shall be used for the following purposes only: collecting, keeping
and disposing of cats liable to seizure; for local prevention and
control of rabies; providing antirabies treatment under the direction
of the local Board of Health for any person known or suspected of
being exposed to rabies; and for administering the provisions of this
section. Any unexpected balance remaining in such special account
shall be retained until the end of the third fiscal year following
the fiscal year in which said funds were collected and may be used
for any of the purposes set forth in this section. At the end of the
third fiscal year following the fiscal year in which the funds were
collected, 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 year of transfer.
B.
Vaccination.
(1)
All cats shall be vaccinated against rabies by a licensed veterinarian
in accordance with the latest Compendium of Animal Rabies Vaccines
and Recommendations for Immunizations, published by the National Association
of State Public Health Veterinarians.
(2)
Vaccination certificate. A certificate of vaccination shall be issued
to the owner of each animal vaccinated on a form recommended by the
state.
C.
The owners of all cats are encouraged to attempt to require the cat
to wear either a registration tag or some other form of identification.
D.
Cats in season. Cat owners are encouraged to confine all female cats
in season in a building or an enclosed area in such a manner as to
prevent such female cat from coming in contact with another animal
except for planned breeding.
[Added 7-8-2003 by Ord.
No. BH 2003-02; 9-23-2004 by Ord. No. 13-2004; 5-8-2006 by Ord. No. 14-2006; 7-12-2011 by Ord. No. 12-2011; 4-17-2012 by Ord. No.
06-2012; amended in entirety 5-10-2016 by Ord. No. 03-2016]
A.
Causes for impounding. The Animal Control Officer shall take into
custody and impound or cause to be taken into custody and impounded,
any of the following cats:
(1)
Any unlicensed cat running at large in violation of the provisions
of this chapter.
(2)
Any cat off the premises of the owner or of the person keeping
or harboring the cat which the Animal Control Officer or agent has
reason to believe is a stray cat.
(3)
Any cat off the premises of the owner of or of the person keeping
or harboring the cat without a current registration tag on its collar.
B.
Access to premises. Any officer or agent authorized or empowered
to perform any duty under this chapter is hereby authorized to go
on any premises to seize for impounding any cat which may be lawfully
seized and impounded when the officer is in immediate pursuit of the
cat, except on the premises of the owner of the cat if the owner is
present and forbids it.
C.
Notice of seizure.
(1)
If any cat so impounded or seized wears a registration tag,
collar or harness showing the name and address of any person, or if
the owner of or the person keeping or harboring the cat is known,
the Animal Control Officer shall immediately serve on the person whose
address is given on the collar, or on the person owning, keeping or
harboring the cat, a written notice stating that the cat has been
seized and will be liable to be disposed of or destroyed if not claimed
within seven days after service of the notice.
(2)
A notice under this subsection 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 mail in a prepared letter addressed
to that person at that person's usual or last-known place of abode
or to the address given on the collar.
D.
Disposition of unclaimed cats. The Animal Control Officer is authorized
and empowered to cause the destruction of any unclaimed cat, in as
humane a manner as possible, under any of the following contingencies:
(1)
When any cat so seized has not been claimed by the person owning,
keeping or harboring the cat within seven days after notice or within
seven days of the cat's detention when notice has not been or cannot
be given, as set forth in Subsection C.
(2)
If the person owning, keeping or harboring any cat so seized
has not claimed the cat and has not paid all expenses incurred by
reason of its detention, including maintenance, not to exceed $21
for each day of impoundment plus $10 for each vaccination and/or medication
administered and $10 for flea and/or tick treatments determined to
be necessary.
(a)
The following charges shall be paid to the Borough as expenses
incurred by reasons of detention in accordance with the provisions
of this section.
(3)
If the seized cat is unlicensed at the time of its seizure and
the person owning, keeping or harboring the cat has not produced a
license and registration tag as provided in this chapter.
E.
Violations of section; penalty. Except as otherwise provided in this section, any person who violates, or who fails or refuses to comply with Section 48-9.1 of the Code of the Borough shall be punishable by a fine of not more than $2,000 or imprisonment for not more than 90 days or a period of community service not to exceed 90 days, or any combination thereof.
[Added 3-11-2003 by Ord.
No. BH 2003-01]
A.
Statement of purpose. It has been determined that the presence of
large numbers of waterfowl on and around ponds and lakes in the Borough
of Mt. Arlington causes a public health nuisance in and around said
ponds and lakes, including the surrounding beaches and properties,
which is harmful to the health and general welfare of the public.
The purpose of this section is to prevent such conduct that may attract
such waterfowl to properties in the borough.
B.
Feeding of waterfowl prohibited. No person shall feed, cause to be
fed or provide food for waterfowl in the Borough of Mt. Arlington
on lands either publicly or privately owned.
C.
Exceptions. This section shall not be construed to prohibit humane
acts toward waterfowl in individual cases, such as the temporary nursing
of a wounded bird on one's own premises.
D.
Other acts prohibited. No person shall create or foster any condition
or allow any condition to exist or continue which results in a congregation
or congestion of waterfowl or in an accumulation of waterfowl feces
or droppings or in damage to flora, fauna or public or private property
or in a public health nuisance or in a threat to the health, safety
and welfare of the public or the waterfowl.
E.
Enforcement. The Police Department and the Department of Health of
the Borough of Mt. Arlington are hereby authorized and directed to
enforce this section.
F.
Violations and penalties. Any person convicted of a violation of
any of the provisions of this ordinance shall be punished by imposition
of a fine not to exceed $2,000.
[Amended 5-8-2006 by Ord.
No. 14-06]
