[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:
DOG
Any dog, bitch or spayed bitch.
DOG OF LICENSING AGE
Any dog which has attained the age of seven months or which possesses a set of permanent teeth.
KEEPER
Any person exercising control over a dog or permitting a dog to remain on premises under his control.
OWNER
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.
VICIOUS DOG
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.
WATERFOWL
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. 
Application for license.
(1) 
Each application for a license under this chapter shall give the following information:
(a) 
A general description of the dog sought to be licensed, including breed, sex, age, color and marking, and whether the dog is of a long- or short-haired variety.
(b) 
The name and street and post office address of the owner of, and of the person who shall keep or harbor, the dog.
(2) 
Registration numbers shall be issued in the order in which applications are received.
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.
(5) 
Any dog which has been determined to be a vicious dog as provided in § 48-5, provided that the dog may also be seized by any police officer, and provided further that if the dog cannot be seized with safety, it may be killed.
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:
[1] 
Pickup of any dog:
First offense: $45.
Second offense :$75.
Third offense: $100.
[2] 
Euthanasia of dog: $35.
[3] 
Disposal/cremation of dog: $35.
[4] 
Quarantine of dog: $33 per day.
(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.
[1] 
Pickup of any cat:
First offense: $45.
Second offense: $75.
Third offense: $100.
[2] 
Euthanasia of cat: $35.
[3] 
Disposal/cremation of cat: $35.
[4] 
Quarantine of cat: $33 per day.
(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]