[1968 Code § 40-1]
As used in this section:
DOG
Shall mean any dog, bitch or spayed bitch.
DOG OF LICENSING AGE
Shall mean any dog which has attained the age of seven months or which possesses a set of permanent teeth.
OWNER
When applied to the proprietorship of a dog, shall mean and include every person having a right of property in such dog and every person who has such dog in his keeping.
PERSON
Shall mean an individual, firm, partnership, corporation or association of persons.
[1968 Code § 40-2; BH #2006:01]
a. 
Any person who shall own, keep or harbor a dog of licensing age shall, in the month of January, apply for and procure from the Borough Clerk or other person designated by the governing body a license and official metal registration tag for each such dog so owned, kept or harbored and shall place upon each such dog a collar or harness with the registration tag securely fastened thereto.
b. 
The owner thereof provides evidence that the dog to be licensed and registered has been inoculated with a rabies vaccine of a type approved by and administered in accordance with the recommendations of the United States Department of Agriculture and the United States Department of Human Services, and which immunity 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 month of the licensing period shall be revaccinated prior to issuance of a license. The rabies inoculation shall be administered by a duly licensed veterinarian, or by such other veterinarian permitted by law to do the same.
c. 
Any dog may be exempted from the requirements of such vaccination for a specified period of time by the local Board of Health, upon presentation of a veterinarian's certificate stating that because of an infirmity or other physical condition, or regimen of therapy, the inoculation of such dog shall be deemed inadvisable.
[1968 Code § 40-3; Ord. No. 71:11; Ord. No. 80-21; Ord. No. 81:12; Ord. No. 83:10 § 2; Ord. No. 89-21 § 2; Ord. No. BH5-1.3; BH #2006:01]
a. 
The person applying for a license and registration tag shall pay a fee of $6.80 for each dog, and also the sum of one dollar and twenty ($1.20) cents for the State registration tag fee of each dog, and for each annual renewal, the fee for the license and for the registration tag shall be the same for the original license and tag. The licenses, registration tags and renewals thereof shall expire on January 31 in each year.
b. 
Dogs used as guides for blind persons and commonly known as "Seeing Eye" dogs shall be licensed and registered as other dogs hereinabove provided for, except that the owner or keeper of such dog shall not be required to pay any fee therefor.
c. 
All dogs of licensing age which have not had surgical procedures performed rendering their reproductive organs inoperable shall be subject to an additional State license fee of $3 per year.
d. 
Any person failing to pay the fees on renewing herein provided for by no later than March 1 of each year shall be required to pay, in addition to the fees, a late fee of $5 per animal and will increase an additional $5 each month.
e. 
If a license tag or sleeve has been misplaced or lost, the Borough Clerk may issue a different license and/or registration sleeve for that particular dog at a fee of fifty ($0.50) cents.
[1968 Code § 40-4]
The application shall state the breed, sex, age, color and markings of the dog for which license and registration are sought and whether it is of a long or short haired variety; also, the name, street and post office address of the owner and the person who shall keep or harbor such dog.
[1968 Code § 40-5]
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 days after such acquisition or age attainment.
[1968 Code § 40-6]
a. 
Any person who shall bring or cause to be brought into the Borough any dog licensed in another State for the current year, and bearing a registration tag, and shall keep the same or permit the same to be kept within the Borough for a period of more than 90 days, shall immediately apply for a license and registration tag for each such dog, unless such dog be licensed under subsection 5-3.2 of this chapter.
b. 
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 subsection 5-3.2 of this chapter.
[1968 Code § 40-7]
No person, except an officer in the performance of his 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.
[1968 Code § 40-11]
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 or dogs which he 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.
[1968 Code § 40-12]
No person shall hinder, molest or interfere with anyone authorized or empowered to perform any duty under this section.
[1968 Code § 40-13]
No person shall keep, harbor or maintain any dog which habitually barks or cries between the hours of 10:00 p.m. and 6:00 a.m.
[1968 Code § 40-14]
No person owning, keeping or harboring any dog shall suffer or permit it to run at large upon the public streets, in any public park, in any public building, or in any other public place within the Borough.
[1968 Code § 40-15]
No person owning, keeping or harboring any dog shall suffer or permit the dog to be upon the public streets or in any of the public places of the Borough unless such dog is accompanied by a person over the age of 12 years and is securely confined and controlled by an adequate leash not more than six (6') feet long.
[1968 Code § 40-16; Ord. No. 73:10]
a. 
No person owning, keeping or harboring a dog shall permit or suffer it to do any injury or to do any damage to any lawn, shrubbery, flowers, grounds or property; or permit such dog to soil or defile or to commit any nuisance upon any sidewalk of any public street or thoroughfare or in or upon any public building or any approach to such building from the street, or in or upon any public park, public playground or school playground, play area, or in or upon the property of persons other than the owner, person or persons owning or having the care, custody or control of such dog; provided, however, for the purpose of this subsection, the above-mentioned restrictions shall not apply to that portion of the street within the curblines, which area shall be used to curb the dog.
b. 
No person being the owner or in charge or control of any dog shall allow or permit it to defecate upon or to otherwise soil, defile or commit any nuisance upon any private property other than the property of the person unless with the consent of the owner of the private property, in which instance a complaint may only be filed by the owner of the property.
c. 
No person being the owner or in charge or control of any dog shall allow or permit it to defecate upon or otherwise soil, defile or commit any nuisance upon any public property. When the dog shall have defecated in the portion of a public street between the curblines, it shall not be considered a violation of this section if, and only if, the person owning or in charge or control shall immediately remove and dispose of in a sanitary manner all feces thus deposited.
[1]
Editor's Note: See also Section 5-4, Pet Waste.
[Ord. No. 90:16 § 2]
The owner of any dog or dogs which are adjudged by the Animal Control Panel to be potentially dangerous will be required within 10 days of such finding to apply for a dangerous dog license and special red tag and pay a fee of $700 for such license. The license will expire on January 1 of each year. Chapter 307 of the New Jersey Statutes effective January 12, 1990 is hereby included in this subsection by reference.
[1968 Code § 40-17]
License fees and registration tag fees collected or received under the provisions of this section shall be received and disposed of as provided in Section 4:19-15.11 of the New Jersey Statutes Annotated as supplemented and amended.
[1968 Code § 40-18]
It shall be the duty of the Borough Chief of Police to carry out the provisions of Section 4:19-15.15 of the New Jersey Statutes Annotated, as supplemented and amended, in the matter of canvass of dogs, and report as to such canvass.
[1968 Code § 40-19]
The Borough Chief of Police or such person or corporation as shall be appointed by the Mayor and Council shall cause the provisions of this section and the provisions of Chapter 151 of the Laws of New Jersey for 1941 to be enforced as in the act and any supplements and amendments thereto provided. Upon the appointment by the Mayor and Council of a person other than the Chief of Police or a corporation to cause the provisions of this section and the provisions of Chapter 151 of the Laws of New Jersey for 1941 to be enforced, the Borough Council shall, by resolution, fix the fee to be paid to such person or corporation, which person or corporation shall make a monthly report in detail as to the performance of duties in connection with this section and Chapter 151 of the Laws of New Jersey for 1941.
[1968 Code § 40-20; New]
Any person who violates or refuses to comply with the regulations of this section shall be liable to a penalty as stated in Chapter 1, Section 1-5. A person who refuses or neglects to pay the amount of a judgment rendered against him and the costs and charges incidental thereto shall be committed by the Court to the County Jail for a period not exceeding 10 days in the case of a first conviction, and in the case of a conviction for a second, subsequent or continuing violation, for a period not exceeding 30 days.
[1968 Code § 40-21]
The provisions of this section are supplementary thereto and in addition to the provisions of Chapter 151 of the Laws of New Jersey for 1941.
[Ord. No. 88:2 § 1]
As used in this section:
ANIMAL
Shall mean dog or cat.
ANIMAL CONTROL AUTHORITY
Shall mean any person or agency designated or certified by the State of New Jersey to enforce the provisions of this section.
CAT
Shall mean any member of the domestic feline species; male, female or altered.
CAT OF LICENSING AGE
Shall mean any cat which has attained the age of seven months, or which possesses a set of permanent teeth.
CATTERY
Shall mean any room or group of rooms, cage or exhibition pen, not part of a kennel, wherein cats for sale are kept or displayed.
LICENSING AUTHORITY
Shall mean the agency or department of the Borough or any designated representative thereof charged with administering the issuance and/or revocation of permits and licenses under the provisions of this section.
NEUTERED
Shall mean rendered permanently incapable of reproduction as certified by a licensed veterinarian.
OWNER
When applied to the proprietorship of a cat shall mean and include every person having a right of property (or custody) in such cat and every person who has such cat in his/her keeping, or who harbors or maintains a cat or knowingly permits a cat to remain on or about any premises occupied by that person.
PERSON
Shall mean any individual, corporation, partnership, organization, or institution commonly recognized by law as a unit.
[Ord. No. 88:2 § 3; Ord. No. BH5-2.2; Ord. No. BH #2006-02]
a. 
Cats Must Have License Number Displayed. Any person who shall own, keep, or harbor a cat of licensing age shall annually apply for and procure from the Borough Clerk, or other official designated by the governing body thereof to license cats in the Borough, a license and official registration tag with license number, or a registration sleeve for each cat so owned, kept, or harbored, and shall place upon such cat a collar, or other device with the license number securely fastened or displayed thereto. Acceptable methods of displaying license number shall include, but are not limited to, breakaway or elastic collars. License tags or sleeves are not transferable.
b. 
Time for Applying for License. The owner of any newly acquired cat of licensing age, or of any cat which attains licensing age, shall make application for license tag or sleeve for such cat within 10 days after such acquisition or age attainment. This requirement will not apply to a nonresident keeping a cat within the Borough for no longer than 90 days.
c. 
Cats Brought into the Borough. Any person who shall bring, or cause to be brought into the Borough any cat licensed in another State for the current year, and bearing registration tag or sleeve, and shall keep the same or permit the same to be kept within the Borough for a period of more than 90 days, shall immediately apply for a license and registration tag or sleeve for each such cat.
Any person who shall bring or cause to be brought into the Borough any unlicensed cat, and shall keep same or permit same to be kept within the Borough for a period of more than 10 days, shall immediately apply for a license and registration tag or sleeve for each such cat.
d. 
Application, Contents, Preservation of Information. The application shall state the breed, sex, age, color and markings of the cat for which license and registration are sought, and whether it is of a long or shorthaired variety; also the name, street, and post office address of the owner, and the person who shall keep or harbor such cat. The information on the application and the registration number issued for the cat shall be preserved for a period of three years by the Clerk or other local official designated to license cats in the Borough.
e. 
License Forms and Tags. License forms and official tags or sleeves shall be furnished by the Borough and shall be numbered serially, and shall bear the year of issuance and the name of the Borough.
f. 
Evidence of Inoculation with Rabies Vaccine or Certification of Exemption; Requirement for License. The Borough Clerk or other official designated by the governing body to license cats therein shall grant any such license and official registration tag or sleeve for any cat, unless the owner thereof provides evidence that the cat to be licensed and registered has been inoculated with a rabies vaccine of a type approved by and administered in accordance with the recommendations of the United States Department of Agriculture and the United States Department of Human Services, and which immunity extends throughout at least 10 of the 12 months of the licensing period. Cats with a duration of immunity against rabies that expires prior to the tenth month of the licensing period shall be revaccinated prior to issuance of a license. Certified exemption is provided in subsection 5-2.3 of this section. The rabies inoculation shall be administered by a duly licensed veterinarian, or by such other veterinarian permitted by law to do the same.
g. 
License Fee Schedule. A license shall be issued after payment of a fee of $6 for each unneutered cat, and $4 for each neutered cat. Persons who fail to obtain a license as required within the time period specified in this subsection, will be subject to a delinquent fee of $5 per animal and will increase an additional $5 each month.
h. 
Fees, Renewals, Expiration; Date of License. License from another municipality shall be accepted. The person applying for the license and registration tag and/or sleeve shall pay the fee fixed or authorized. The fee for the renewal of license and registration tag or sleeve shall be the same as for the original, and the license, registration tag or sleeve and renewal thereof shall expire on January 31, in the following year.
Only one license and registration tag or sleeve shall be required in the licensing year for any cat in the Borough. Any valid New Jersey license tag or sleeve issued by a New Jersey municipality shall be accepted by the Borough as evidence of compliance.
i. 
Loss of License. If a license tag or sleeve has been misplaced or lost, the Borough Clerk may issue a duplicate license and/or registration sleeve for that particular cat at a fee of fifty ($0.50) cents.
j. 
Proof of Licensing. Proof of licensing shall be produced by any person owning, keeping, maintaining, or harboring a cat, upon the request of any Health Official, Police Officer, Animal Control Officer, or other authorized person.
k. 
Interfering with Persons Performing Duties. No person shall hinder, molest, or interfere with anyone authorized or empowered to perform any duty under this section.
l. 
Disposition of Fees Collected. License fees and other monies collected or received under the provisions of this section, shall be forwarded to the Borough Treasurer, 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: collecting, keeping, and disposing of cats liable to seizure, for local prevention of rabies, providing anti-rabies treatment under the direction of the local Board of Health for any person known or suspected to have been 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, and may be used for any of the purposes set forth in this subsection. At the end of the third fiscal year following, 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.
[Ord. No. 88:2 § 2]
a. 
Vaccination and License Requirements. No person shall own, keep, harbor or maintain any cat over seven months of age within the Borough unless such cat is vaccinated and licensed. The provisions of the subsection do 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.
b. 
Vaccination. All cats shall be vaccinated against rabies by a licensed veterinarian in accordance with the latest "Compendium of Animal Rabies Vaccines and Recommendations for Immunization" published by the National Association of State Public Health Veterinarians, except as provided for in paragraph d.
c. 
Vaccination Certificate. A certificate of vaccination shall be issued to the owner of each animal vaccinated on a form recommended by the State.
d. 
Exemptions. Any cat may be exempted from the requirements of such vaccination for a specified period of time by the local Board of Health, upon presentation of a veterinarian's certificate stating that because of an infirmity or other physical condition, or regimen of therapy, the inoculation of such cat shall be deemed inadvisable.
[Ord. No. 88:2 § 4; New]
Except as otherwise provided in this section, any person who violates, or who fails, or refuses to comply with this section, shall be liable upon conviction, to the penalty stated in Chapter 1, Section 1-5. The minimum penalty shall be a fine of not less than $25 for each offense, to be recovered by and in the name of the local Board of Health, or by and in the name of the Borough.
[1968 Code § 40-1]
As used in this section:
KENNEL
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.
PET SHOP
Shall mean any room or group of rooms, cage or exhibition pen, not part of a kennel, wherein dogs for sale are kept or displayed.
POUND
Shall mean an establishment for the confinement of dogs seized either under the provisions of this section or otherwise.
SHELTER
Shall mean any establishment where dogs are received, housed and distributed without charge.
[1968 Code § 40-8]
a. 
Any person who keeps or operates or proposes to establish a kennel, a pet shop, a shelter or a pound shall apply to the Borough Clerk for a license entitling him to keep or operate such establishment.
b. 
The application shall describe the premises where the establishment is located or is proposed to be located, the purpose or purposes for which it is to be maintained, and shall be accompanied by the written approval of the Borough Health Officer, showing compliance with the local and State rules and regulations governing location of and sanitation at such establishments.
c. 
All licenses issued for a kennel, pet shop, shelter or pound shall state the purpose for which the establishment is maintained, and all such licenses shall expire on January 31 of each year and be subject to revocation by the Borough Council on recommendations of the State Department of Health or the Borough Board of Health for failure to comply with the rules and regulations of the State Department or the Borough Board of Health governing the same, after the owner has been afforded a hearing by either the State Department or the Borough Board of Health.
d. 
Any person holding such license shall not be required to secure individual licenses for dogs owned by such licensee and kept at such establishments; such licenses shall not be transferable to another owner or different premises.
[1968 Code § 40-9]
The annual license fee for a kennel providing accommodations for 10 or less dogs shall be $10 and for more than 10 dogs twenty-five ($25.00) dollars. The annual license fee for a pet shop shall be $10. No fee shall be charged for a shelter or pound.
[1968 Code § 40-10]
No dog kept in a kennel, pet shop, shelter or pound shall be permitted off such premises, except on leash or in a crate or other safe control.
[Ord. No. 2005:06 § I]
The purpose of this section is to establish requirements for the proper disposal of pet solid waste in the Borough of New Milford, so as to protect public health, safety and welfare, and to prescribe penalties for failure to comply.
[Ord. No. 2005:06 § II]
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.
IMMEDIATE
Shall mean that the pet solid waste is removed at once, without delay.
OWNER/KEEPER
Shall mean any person who shall possess, maintain, house or harbor any pet or otherwise have custody of any pet, whether or not the owner of such pet.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
PET
Shall mean a domesticated animal (other than a disability assistance animal) kept for amusement or companionship.
PET SOLID WASTE
Shall mean waste matter expelled from the bowels of the pet; excrement.
PROPER DISPOSAL
Shall mean placement in a designated waste receptacle, or other suitable container, and discarded in a refuse container which is regularly emptied by the municipality or some other refuse collector; or disposal into a system designed to convey domestic sewage for proper treatment and disposal.
[Ord. No. 2005:06 § III]
All pet owners and keepers are required to immediately and properly dispose of their pet's solid waste deposited on any property, public or private, not owned or possessed by that person.
[Ord. No. 2005:06 § IV]
Any owner or keeper who requires the use of a disability assistance animal shall be exempt from the provisions of this section while such animal is being used for that purpose.
[Ord. No. 2005:06 § V]
The provisions of this section shall be enforced by the New Milford Police Department and the local Board of Health of the Borough of New Milford.
[Ord. No. 2005:06 § VI]
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 $1,000.