Borough of Allentown, NJ
Monmouth County
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Table of Contents
Table of Contents
[1975 Code § 60-1]
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.
[1975 Code § 60-2; New]
No person shall keep, harbor, or have custody of any dog within the Borough without first obtaining a license to be issued by the Borough Clerk, who is the designated agent, upon application by the owner and payment of the prescribed fee. No person shall keep or harbor any dog in the Borough except in compliance with the provisions of this section.
[1975 Code § 60-2]
a. 
Time to Apply.
1. 
Any person who shall own, keep, or harbor a dog of licensing age shall in April annually, apply for and procure from the Borough Clerk, a license and an official metal registration tag for each dog owned, kept or harbored, and shall place upon each dog a collar or harness, with the registration tag securely fastened thereon.
2. 
The owner of any newly-acquired dog of licensing age or of any dog which attains licensing age, shall make application for a license and a registration tag for the dog within 10 days after such acquisition or age attainment.
b. 
Information Required; Preservation of Information. The application shall state the breed, sex, age, color and markings of the dog for which a 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 the dog. The information on the application and the registration number issued for the dog shall be preserved for a period of three years by the Borough Clerk. In addition, the Clerk shall forward similar information to the State Department of Health each month on forms furnished by the Department. Registration numbers shall be issued in the order of the applications.
[New]
The person applying for a license and registration tag shall provide a valid certificate that the dog has been inoculated with an approved rabies vaccine by a duly licensed veterinarian, or by such other veterinarian permitted by law to do the same, or that the dog has been certified exempt as provided by regulations of the State Department of Health.
[1975 Code § 60-2; Ord. No. 3-75; Ord. No. 024-81; Ord. No. 14-83; Ord. No. 016-85; Ord. No. 822-87; Ord. No. 7-96; Ord. No. 04-2007 § 1; Ord. No. 06-2008 § 1; Ord. No. 12-2009 § 1]
a. 
A person applying for the license and registration tag shall pay a total annual fee for each dog as follows:
License Fee
$ 10.00
State Registration Fee (Rabies)
1.00
State Surcharge for Pilot Clinic Fund
.20
State Surcharge Unneutered Dogs
3.00
Total
$14.20
Replacement for lost tag
$ 2.00
Late Charges (not registered by May 1)
5.00
b. 
If a dog is not licensed and registered by June 15 of each year, then a summons shall be issued to the owner for each violation. The summons shall be signed by the Police Department of the Borough of Allentown and filed with the Borough of Allentown Municipal Court. The following fines shall apply to said summonses and shall be payable to the Violations Bureau of the Borough of Allentown:
1st offense
$35.00 fine
2nd offense
$70.00 fine
3rd and subsequent offense
Mandatory Court appearance
[1975 Code § 62-2; New]
Dogs used as "service dogs," "Hearing Ear Dogs" or "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 thereof.
[1975 Code § 60-2]
The harboring of a dog or dogs shall be evidence of ownership for the purpose of license. Any person who keeps or harbors any dog on his premises or elsewhere within the Borough limits or who permits any dog to remain on his premises shall be deemed to be the owner thereof.
[1975 Code § 60-2B]
Before any license may be issued, the owner shall provide proof by certificate of a licensed veterinarian that the dog has been inoculated for rabies within the previous year, stating the date thereof.
[1975 Code § 60-2D; Ord. No. 012-84]
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 acquirement or age attainment. The provisions for late charges as set forth in subsection 5-1.5 shall not apply to the within section, provided that the owner of the dog covered by the within section has made application for the proper license within the time prescribed herein.
[1975 Code § 60-2; Ord. No. 03-79]
Each dog which is required by the provisions of this section to be licensed shall wear a collar or harness with its registration tag securely fastened thereto.
[1975 Code § 60-3; Ord. No. 016-85]
It shall not be lawful for any person owning, keeping or harboring any dog to suffer the same to run at large within this Borough at any time, unless such dog is accompanied by a person and unless such dog is on a leash.
[1975 Code § 60-4]
It shall be unlawful for any person to harbor within the limits of the Borough any dog which makes disturbing noises during the nighttime between the hours of 10:00 p.m. and 6:00 a.m. The noise made by the continued barking of any dog between the hours of 10:00 p.m. and 6:00 a.m. is declared to be a disturbing noise and a nuisance, and the license of any dog found to be so disturbing the peace of the inhabitants may be revoked as hereinafter provided.
[1]
Editor's Note: See also Section 3-19, Noise Control.
[1975 Code § 60-4, 114-4; Ord. No. 60-4; Ord. No. 023-77; Ord. No. 017-80; Ord. No. 11-2006]
a. 
Purpose. The purpose of this subsection is to establish requirements for the proper disposal of pet solid waste, so as to protect public health, safety and welfare, and to prescribe penalties for failure to comply.
b. 
Definitions and Word Usage. For the purpose of this subsection, the following items, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this subsection 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 (pooper-scoop), 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.
c. 
Requirement for Disposal. 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.
d. 
Exemptions. Any owner or keeper who requires the use of a disability assistance animal shall be exempt from the provisions of this subsection while such animal is being used for that purpose.
e. 
Enforcement. The provisions of this subsection shall be enforced by the Allentown Police Department and the local Board of Health or upon written complaint by the complaining witness filed in Municipal Court.
f. 
Violations and Penalties. Any person violating any of the provisions of this subsection shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, Section 1-5.
[1975 Code § 60-5; Ord. No. 03-75; New]
a. 
The Mayor, with the advice and consent of the Borough Council, is hereby authorized and empowered to appoint one or more persons or agencies to be known as the Animal Control Officer, with full power and authority to carry out the provisions of this chapter. The Borough Council shall fix the compensation of the Animal Control Officer.
b. 
The Mayor may appoint, with the advice and consent of the Borough Council, a Poundmaster, who shall hold office at the pleasure of the Mayor and Council and who may also be the Animal Control Officer.
[1975 Code § 60-6; Ord. No. 03-75; New]
a. 
The Animal Control Officer or any Police Officer of the Borough shall take into custody and impound or cause to be taken into custody and impounded, and thereafter destroyed or offered for adoption:
1. 
Any animal off the premises, except those on a leash and attended, of the owner or of the person keeping or harboring the animal which the official or his agent or agents have reason to believe is a stray animal.
2. 
Any animal off the premises of the owner or of the person keeping or harboring the animal without a current registration tag on his collar.
3. 
Any female dog in season off the premises of the owner or of the person keeping or harboring the dog.
b. 
If any dog so seized wears a collar or harness having inscribed thereon or attached thereto the name and address of any person or a registration tag of the owner, or the person keeping or harboring the dog is known, the Animal Control Officer or any person authorized by him and acting on his behalf shall forthwith serve on the person whose address is given on the collar, or on the owner or person keeping or harboring the dog, if known, a notice in writing stating that the dog has been seized and that it will be liable to be destroyed or offered for adoption if not claimed within seven days after the service of the notice.
c. 
The notice under this section may be served either by delivering it to the person on whom it is to be served or by leaving it at the person's usual or last known place of abode or at the address given on the collar, or by forwarding it by mail in a prepaid letter addressed to that person at his usual or last known place of abode or to the address given on the collar.
d. 
When any dog or other animal so seized has been detained for seven days after notice, where notice can be given as set forth above, or has been detained for seven days after seizure, when no notice has been given as set forth above, and if the owner or person keeping or harboring the dog or other animal has not claimed the dog or other animal, and paid all expenses incurred by reason of its detention, including maintenance charges in a sum fixed by the Mayor and Council, and if the dog is unlicensed at the time of the seizure and the owner or person keeping or harboring the dog has not produced a license and registration tag for the dog, the Animal Control Officer or any person authorized to act in his behalf may cause the dog to be destroyed in a manner causing as little pain as possible or offered for adoption.
[1975 Code § 60-7]
a. 
The Animal Control Officer shall be responsible for all dogs impounded or taken into custody under the provisions of this section or State Statutes and shall designate the place where such dogs are to be impounded or held in custody.
b. 
Except for the issuance of dog licenses, which shall be done by the Borough Clerk, this section shall be enforced by the Animal Control Officer of the Borough. However, nothing herein shall be deemed to prohibit any Police Officer from enforcing any provisions hereof.
[1975 Code § 60-8; New]
No person shall seize or impound any dog except the Animal Control Officer or a Police Officer, and no person shall act in such capacity without authority of the Borough.
[1975 Code § 60-9]
No person shall obstruct or molest the Animal Control Officer in the execution of any of the duties hereinbefore imposed upon him, nor release or cause to be released any dog or dogs impounded in the public pound.
[Ord. No. 7-96]
There shall be a charge of $25 to any owner of any dog running at large when the dog is picked up by the Animal Control Officer of the Borough.
[1975 Code § 57-1; Ord. No. 013-90]
As used in this section:
ANIMAL CONTROL OFFICER
Shall mean any person or agency designated or certified by the Borough of Allentown 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
All 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 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
Shall mean when applied to the proprietorship of a cat, every person having a right of property (or custody) in such cat and every person who has such cat in his keeping, or who harbors or maintains a cat or knowingly permits a cat to remain on or about any premises occupied by that person.
[1975 Code § 57-2; Ord. No. 013-90]
a. 
Vaccination and License Requirements. No person shall own, keep, harbor or maintain a cat over seven months of age within the Borough unless such cat is vaccinated and licensed. The provisions of this section 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 conditions, or regimen of therapy, the inoculation of such cat shall be deemed inadvisable.
[1975 Code § 57-3; Ord. No. 013-90; New; Ord. No. 05-2007 § 1; Ord. No. 07-2008 § 1; Ord. No. 13-2009 § 1]
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 of Allentown in which he resides, 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, break-away or elastic collars. License tags or sleeves are not transferable.
b. 
Time for Applying for License.
1. 
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.
2. 
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.
3. 
If a cat is not licensed and registered by June 15 of each year, then a summons shall be issued to the owner for each violation. The summons shall be signed by the Police Department of the Borough of Allentown and filed with the Borough of Allentown Municipal Court. The following fines shall apply to said summonses and shall be payable to the Violations Bureau of the Borough of Allentown:
1st offense
$35.00 fine
2nd offense
$70.00 fine
3rd and subsequent offense
Mandatory Court appearance
c. 
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.
d. 
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 municipality.
e. 
Evidence of Inoculation with Rabies Vaccine or Certification of Exemption; Requirement for License. No Municipal Clerk or other official designated by the Governing Body of any municipality 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, or has been certified exempt as provided by subsection 5-5.2d. The rabies inoculation shall be administered by a duly licensed veterinarian or by such other veterinarian permitted by law to do the same.
f. 
License Fee Schedule. A license shall be issued after payment of a fee of $6 for each unneutered cat and $5 for each neutered cat. Persons who fail to obtain a license as required within the time period specified in this section, will be subject to a delinquent fee of $5.
g. 
Fees; Renewals; Expiration Date of License.
1. 
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 April 30 in the following year.
2. 
License from another municipality shall be accepted. 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.
h. 
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 one ($1.00) dollar.
i. 
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.
j. 
Interfering with Persons Performing Duties Under this Section. No person shall hinder, molest or interfere with anyone authorized or empowered to perform any duty under this section.
k. 
Disposition of Fees Collected. License fees and other money collected or received under the provisions of this section shall be forwarded to the 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 and control of rabies; provide for 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 chapter. 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 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.
[1975 Code § 57-4; New]
Except as may be provided by N.J.S.A. 4:19-15.1 et seq., any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine of not more than $500 or imprisonment for a term not to exceed 90 days, or to both such fine and imprisonment. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.
[Ord. No. 2006-15 § 1]
No person or household shall keep, harbor or have custody of more than five dogs and/or cats in the Borough of Allentown. This limitation shall be for five of each species, but no more than a total combination of five dogs and/or cats. Any person or household that keeps, harbors or has custody of more than the number of five, as defined herein of dogs and/or cats, at the time of adoption of this section for the 2006 license year, shall be exempt from the section until the combination of the dogs and/or cats above five no longer reside at the household.
Residents who have more than five dogs and/or cats licensed in the current 2006 licensing period will be "grandfathered."