[1984 Code § 9-2.1]
Licenses shall be required for the following dogs of licensing
age:
a.
Any dog owned or kept within the Borough by a resident of the Borough
on the first day of January of any calendar year.
b.
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.
c.
Any dog attaining licensing age during the course of the calendar
year.
d.
Any unlicensed dog brought into the Borough by any person and kept
within the Borough for more than 10 days.
e.
Any dog licensed by another State brought into the Borough by any
person and kept within the Borough for more than 90 days.
[1984 Code § 9-2.2]
Each application for a license under this section shall give
the following information:
[1984 Code § 9-2.2]
Registration numbers shall be issued in the order in which applications
are received.
[1984 Code § 9-2.3]
Applications for licenses for dogs which are required to be licensed by the provisions of subsection 5-2.1a, 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 within 10 days of the day upon which the dog in question first becomes subject to the provisions of this section.
[1984 Code § 9-2.4]
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.
[1984 Code § 9-2.5; Ord. No. 740 § 1; Ord. No. 2016-07]
The person applying for a dog license shall pay the following
fee:
a.
Neutered Dogs.
|
Borough License Fee
|
$9.80
|
|
|
State Registration Fee per license
|
$1.00
|
|
|
Pilot Clinic Fund
|
.20
|
|
|
$11.00 Total
|
|
b.
Unneutered Dogs.
|
Animal Population Control Program
|
$ 3.00 Additional Fee
|
|
$14.00 Total
|
c.
Dangerous Dogs.
|
Potentially dangerous dogs as determined pursuant to N.J.S.A.
4:19-16 et seq.
|
$700.00
|
[1984 Code § 9-2.6; Ord. No. 746 § 3]
Each dog license shall expire on the last day of January of
the calendar year following the calendar year in which it was issued.
Any dog owner who does not procure a license for each dog owned, kept
or harbored on or before February 1st of each year shall pay an additional
fee of $5 for each dog so licensed for each month or part thereof
that shall pass after February 1st until the license is obtained.
[1984 Code § 9-2.7]
Dogs used as guides for blind persons and commonly known as
"seeing eye 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.
[1984 Code § 9-4]
License fees and other monies collected or received under the provisions of Articles II and IV, except registration tag fees, shall be forwarded to the Chief Financial Officer 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 and 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; 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; all other purposes prescribed by the Statutes of New Jersey governing the subject, and for administering the provisions of this chapter. Any unexpended balance remaining in such 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 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 of one ($1.00) dollar for each dog
shall be forwarded within 30 days after collection by the Borough
Clerk to the State Department of Health.
[1984 Code § 9-5]
The Chief of Police shall annually cause a canvass to be made
of all dogs owned, kept or harbored within the limits of the Borough
and shall report to the Borough Clerk 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,
the number of licensed dogs owned, kept or harbored by each person,
together with the registration number of each dog; the number of unlicensed
dogs owned, kept or harbored by each person, together with a complete
description of each unlicensed dog.
[New]
As used in this section:
Shall mean a certified municipal Animal Control Officer or,
in the absence of such an officer, the Chief of Police or his designee.
Shall mean the Department of Health.
Shall mean any dog or dog hybrid.
Shall mean any cat, dog, or livestock other than poultry.
Shall mean any dog or dog hybrid declared potentially dangerous
by a Municipal Court pursuant to N.J.S.A. 4:19-23.
Shall mean any dog or dog hybrid declared vicious by a Municipal
Court pursuant to N.J.S.A. 4:19-22.
[New]
An Animal Control Officer shall seize and impound a dog when
the Officer has reasonable cause to believe that the dog:
a.
Attacked a person and caused death, or serious bodily injury as defined
in N.J.S.A. 2C:11-1(b) to that person;
b.
Caused bodily injury as defined in N.J.S.A. 2C:11-1(a) to a person
during an unprovoked attack and poses a serious threat of harm to
persons or domestic animals;
c.
Engaged in dog fighting activities as described in N.J.S.A. 4:22-24
and N.J.S.A. 4:22-26; or
d.
Has been trained, tormented, badgered, and baited or encouraged to
engage in unprovoked attacks upon persons or domestic animals.
The dog shall be impounded until the final disposition as to
whether the dog is vicious or potentially dangerous. Subject to the
approval of the Borough Health Officer, the dog may be impounded in
a facility or other structure agreeable to the owner.
[New]
a.
The Animal Control Officer shall notify the Municipal Court and the
Borough Health Officer immediately that he has seized and impounded
a dog pursuant to N.J.S.A. 4:19-19, or that he has reasonable cause
to believe that a dog has killed another domestic animal and that
a hearing is required. The Animal Control Officer shall through a
reasonable effort attempt to determine the identity of the owner of
any dog seized and impounded pursuant to section 3 of P.L. 1989, c.
307. If its owner cannot be identified within seven days, that dog
may be humanely destroyed.
b.
The Animal Control Officer shall, within three working days of the
determination of the identity of the owner of a dog seized and impounded
pursuant to N.J.S.A. 4:19-19 notify by certified mail, return receipt
requested, the owner concerning the seizure and impoundment and that,
if the owner wishes, a hearing will be held to determine whether the
impounded dog is vicious or potentially dangerous. This notice shall
also require that the owner return within seven days, by certified
mail or hand delivery, a signed statement indicating whether he wishes
the hearing to be conducted or, if not, to relinquish ownership of
the dog, in which case the dog may be humanely destroyed. If the owner
cannot be notified by certified mail, return receipt requested, or
refuses to sign for the certified letter, or does not reply to the
certified letter with a signed statement within seven days of receipt,
the dog may be humanely destroyed.
[New]
Notwithstanding any provision in N.J.S.A. 4:19-17 et seq. to
the contrary, the Borough and the owner of the dog may settle and
dispose of the matter at any time in such manner and according to
such terms and conditions as may be mutually agreed upon. Notwithstanding
any provision of P.L. 1989, c. 307 to the contrary, the Borough or
any of its employees shall not 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
may, 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 notwithstanding the prohibition against
such causes of action set forth in this section.
[New]
a.
The 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 provoked. The Borough shall bear the burden of proof to demonstrate
that the dog was not provoked.
c.
If the Municipal Court declares a dog to be vicious, and no appeal
is made of this ruling pursuant to N.J.S.A. 4:19-25, the dog shall
be destroyed in a humane and expeditious manner, except that no dog
may be destroyed during the pendency of an appeal.
[New]
a.
The Municipal Court shall declare a dog to be potentially dangerous
if it finds by clear and convincing evidence that the dog:
b.
A dog shall not be declared potentially dangerous for:
1.
Causing bodily injury as defined in N.J.S.A. 2C:11-1(a) to a person
if the dog was provoked, or
2.
Killing a domestic animal if the domestic animal was the aggressor.
For the purposes of paragraph a1 of this subsection, the Borough
shall bear the burden of proof to demonstrate that the dog was not
provoked.
[New]
If the 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 Municipal Clerk or other official
designated to license dogs pursuant to N.J.S.A. 4:19-15.2, for a special
municipal potentially dangerous dog license, municipal registration
number, and red identification tag issued pursuant to section 14 of
this act. 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 municipal
potentially dangerous dog license, municipal registration number,
and red identification tag;
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 paragraph 3 of this subsection;
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 feet in height
separated by at least three 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 feet from the owner and under the
direct supervision of the owner.
b.
May require the owner to maintain liability insurance in an amount
determined by the 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 municipality in which the owner resides 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.
[New]
The owner of the dog, or the Animal Control Officer in the Borough
in which the dog was impounded, may appeal any final decision, order,
or judgment, including any conditions attached thereto, of a Municipal
Court pursuant to N.J.S.A. 4:19-17 et seq. 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 the courts of limited jurisdiction.
[New]
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 for the costs and expenses of impounding
and destroying the dog. The Borough may establish by ordinance a schedule
of these costs and expenses. The owner shall incur the expense of
impounding the dog in a facility other than the municipal 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.
[New]
The owner of a potentially dangerous dog shall:
a.
Comply with the provisions of N.J.S.A. 4:19-17 et seq. in accordance
with a schedule established by the Municipal Court, but in no case
more than 60 days subsequent to the date of determination;
b.
Notify the licensing authority, 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 licensing authority, Police Department, 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 the Borough 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 N.J.S.A. 4:19-15.3,
pay a potentially dangerous dog license to the Borough as provided
by section 15 of P.L. 1989, c. 307 (C. 4:19-31).
[New]
The owner of a potentially dangerous dog who is found by clear
and convincing evidence to have violated this act, or any rule or
regulation adopted pursuant thereto, or to have failed to comply with
a court's 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 Municipal
Court shall have jurisdiction to enforce this section. An Animal Control
Officer is authorized to seize and impound any potentially dangerous
dog.
[New]
The Borough shall charge a fee to be paid annually for a potentially dangerous dog license and each renewal thereof, which shall be found in subsection 5-2.6c.
[New]
The Animal Control Officer shall inspect the enclosure and the
owner's property at least monthly to determine continuing compliance
with N.J.S.A. 4:19-17 et seq.
[1984 Code § 9-9]
Where it has been determined by a physician that a person has
been bitten by a dog, such individual, or his parent or guardian if
he is a minor, shall immediately notify the Police. When the owner
or keeper of any dog shall be notified by the Police that the dog
has bitten any individual or individuals, the owner or keeper of the
dog must comply with the following procedures:
a.
Have
the dog examined by a licensed veterinarian within 12 hours.
b.
Have
the dog kept in quarantine in the owner's home or at a kennel
for a period of 10 days.
c.
At
the end of 10 days have the dog re-examined by a veterinarian and
a written report of the dog's state of health sent to the Board
of Health.
[1984 Code § 9-7.1]
The Animal Control Officer shall take into custody and impound,
or cause to be taken into custody and impounded, any of the following
dogs:
a.
Any unlicensed dog running at large in violation of the provisions
of this chapter.
b.
Any dog off the premises of the owner of or the person keeping or
harboring such dog which the Animal Control Officer or his agent has
reason to believe is a stray dog.
c.
Any dog off the premises of the owner of or the person keeping or
harboring such dog without a current registration tag on its collar.
d.
Any female dog in season off the premises of the owner or the person
keeping or harboring such dog.
[1984 Code § 9-7.2]
Any officer or agent authorized or empowered to perform any
duty under this chapter is hereby authorized to go upon any premises
to seize for impounding any dog which he may lawfully seize and impound
when such officer is in immediate pursuit to such dog, except upon
the premises of the owner of the dog if the owner is present and forbids
same.
[1984 Code § 9-7.3]
If any dog so impounded or seized wears a registration tag,
collar or harness having inscribed thereon or attached thereto the
name and address of any person or 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 notice in writing stating
that the dog has been seized and will be liable to be disposed of
or destroyed if not claimed within seven days after service of the
notice.
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 prepaid letter
addressed to that person at his usual or last known place of abode,
or to the address given on the collar.
[1984 Code § 9-7.4]
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:
a.
When any dog so seized has not been claimed by the person owning,
keeping or harboring such 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 the previous subsection.
b.
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, in accordance with fees of
the Bergen County Animal Shelter.
c.
If the seized dog is unlicensed at the time of its seizure and the
person owning, keeping or harboring such dog has not produced a license
and registration tag as provided in this chapter.
[1984 Code § 9-8]
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.
[1984 Code § 9-8.1]
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 such dog securely fastened thereto.
[1984 Code § 9-8.2]
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.
[1984 Code § 9-8.3]
No person shall hinder, molest or interfere with anyone authorized
or empowered to perform any duty under this chapter.
[1984 Code § 9-8.4]
No person shall own, keep, harbor or maintain any dog which
habitually barks or cries between the hours of 8:00 p.m. and 8:00
a.m. so as to disturb the health, safety or comfort of others.
[1984 Code § 9-8.5]
No person owning, keeping or harboring any dog shall suffer
or permit it to run at large upon the public streets or in any public
park, public building or other public place within the Borough, or
any private place other than that of the owner.
[1984 Code § 9-8.6]
No person owning, keeping or harboring any dog shall suffer
or permit it 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 eight feet long.
[1984 Code § 9-8.7]
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 section of this chapter, the abovementioned restrictions
shall not apply to that portion of the street within the curblines,
which area shall be used to curb the dog.
[1984 Code § 9-8.8]
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 chapter 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.
[Ord. No. 919 § 1]
The purpose of this section is to establish requirements for
the proper disposal of pet solid waste in the Borough of Haworth,
so as to protect public health, safety and welfare, and to prescribe
penalties for failure to comply. This section is adopted in accordance
with the New Jersey Municipal Stormwater Regulation Program, in order
to implement the Best Management Practices required by the Tier A.
Municipal Stormwater General Permit issued to the Borough of Haworth
by the New Jersey Department of Environmental Protection.
[Ord. No. 919 § 1]
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 that the pet solid waste is removed at once, without
delay.
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.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean a domesticated animal (other than a disability
assistance animal) kept for amusement or companionship.
Shall mean waste matter expelled from the bowels of the pet;
excrement.
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. 919 § 1]
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. 919 § 1]
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. 919 § 1]
The provisions of this section shall be enforced by the Haworth
Police Department and the Haworth Board of Health.
[Ord. No. 919 § 1]
Any person(s) who is found to be in violation of the provisions
of this section shall, upon conviction thereof, be punished for a
first offense by a fine of not less than $25 nor more than $100, as
determined by the Municipal Court Judge. For a second or subsequent
offense, a fine not less than $50 nor more than $500 shall be imposed.
A separate offense shall be deemed committed on each day during, or
on which, a violation occurs or continues.
