[1974 Code § 75-1; Ord. No. 94-28; Ord. No. 97-15 § 1;
New; Ord. #00-2-OAB § 1]
As used in this section:
Shall mean any person designated by the Governing Body as
a law enforcement officer and who qualifies to perform such duties
under the laws of the State of New Jersey.
Shall mean any member of the species generally referred to
as Canis familiaris, irrespective of age, sex or breed.
Shall mean any dog which has attained the age of seven months
or which possesses a set of permanent teeth.
Shall mean a group of people related by blood or marriage,
including servants, who reside together in the same household.
Shall mean any person, partnership or corporation owning,
keeping or harboring one or more animals. An animal shall be deemed
to be harbored if it is fed or sheltered for three consecutive days
or more.
Shall mean any animal secured by a leash or lead, or under
the control of a responsible person and obedient to that person's
command within the real property limits of its owner.
Shall mean as defined in N.J.S.A. 4:19-17 et seq.
[1974 Code § 75-3; Ord. No. 86-13]
No person shall keep or harbor any dog within the Township without
first obtaining a license, to be issued by the Police Chief upon application
by the owner and payment of the prescribed fee, and no person shall
keep or harbor any dog within the Township limits except in compliance
with the provisions of this section. As used throughout this section,
"Police Chief shall be deemed and taken to mean the Police Chief or
such other person as shall be designated by the Police Chief to issue
licenses pursuant to this section.
[1974 Code § 75-4; Ord. No. 89-13; Ord. No. 94-28; Ord. No. 97-15 § 2; Ord. No. 00-2-OAB § 2]
a.
Any person who shall own, keep or harbor a dog of licensing age shall,
in the month of January and annually thereafter, apply for and procure
from the Police Chief a license and official 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.
Failure of the owner to obtain a license within the time prescribed by this chapter shall subject the owner to a fine of $25 for the first offense. Any subsequent offenses are subject to fines in the discretion of the Municipal Court Judge pursuant to Subsection 9-1.13. Each day's failure to obtain a license shall be deemed a separate violation.
c.
The owner of any potentially dangerous dog as determined by the Vicious
Dog Act, N.J.S.A. 4:19-17, et seq., shall obtain from the Township
of Berkeley a potentially dangerous dog registration number and identification
tag along with a potentially dangerous dog license upon presentation
of sufficient evidence by the owner to the Animal Control Officer
that he/she has complied with the Municipal Court orders. The fee
for the potentially dangerous dog license and each renewal thereof
shall be $700.
[1974 Code § 75-4; Ord. No. 84-28]
No license shall be issued or granted, nor shall any official
registration tag be issued or granted, for any dog unless 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 regulations of the United States
Department of Health, Education and Welfare, or has been certified
exempt as provided by regulations of the State Department of Health.
Such vaccination shall be repeated at intervals as provided by regulations
of the State Department of Health and shall be administered by a duly
licensed veterinarian or by such veterinarian permitted by law to
do the same. Also, the duration of immunity against rabies is required
to cover the duration of the licensing period as per N.J.S.A. 4:19-15.2a.
[1974 Code § 75-5; Ord. No. 39-81; Ord. No. 83-29; Ord. No. 89-13; Ord. No.
94-28; Ord. No. 07-20-OAB § 1]
a.
License Fees. The person applying for a license and registration
tag shall pay a fee of $8.80 for each dog and also the sum of $1 for
the registration tag for each dog; and for each annual renewal, the
fee for the license and for the registration tag shall be the same
as for the original license and tag; and the licenses, registration
tags and renewals thereof shall expire on the last day of January
in each year. It shall be the responsibility of the dog owner to present
to the Township the veterinarian certificate of rabies inoculation
covering the entire licensing period.
b.
Licenses Issued in Other Municipalities in New Jersey. Only one license
and registration tag shall be required in any licensing year for any
dog owned in New Jersey, and such license and tag shall be accepted
by the Township as compliance with this section.
c.
Seeing Eye Dogs. Dogs used as guides for blind persons, 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.
d.
Surcharge; Additional Fees for Dogs of Reproductive Age. In addition
to the fees provided for herein, the licensing official shall also
collect a surcharge of $0.20 for delivery to the State Department
of Health and an additional charge of $3 for those dogs of reproductive
age which have not had their reproductive capacity permanently altered
through sterilization. If sufficient evidence is not forthcoming of
the foregoing, the licensing official shall require payment of the
additional fee. The licensing official is further authorized to make
such other surcharges or other charges as are mandated in the future
by State legislation as if same had been more fully set forth herein.
e.
Late Fees. Any license which is not renewed until after January 31
shall be subject to an additional late fee of $5.
[1974 Code § 75-6]
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 registration tag for such dog within 10 days after such acquisition
or age attainment.
[Ord. No. 97-15; New]
No more than five dogs shall be sheltered or kept by any one
family group. The quarters where dogs are kept shall be clean and
sanitary and such as not to create a health hazard nor disturbance
by reason of noise, odor or other causes.
[1974 Code § 75-7; Ord. No. 89-13]
a.
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-haired or short-haired variety, also the name, street
and post office address of the owner and persons who shall keep or
harbor such dog.
b.
The information on the application and the registration number issued
for the dog shall be preserved for a period of three years by the
Police Chief or his designee in the Township. In addition, he shall
forward to the State Department of Health each month, on forms furnished
by the Department, an accurate account of registration numbers issued
or otherwise disposed of.
c.
Registration numbers shall be issued in the order of the applications.
[1974 Code § 75-8]
a.
Any person who shall bring or cause to be brought into the Township
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 Township for a period of more than 90 days shall immediately
apply for a license and registration tag for each such dog.
b.
Any person who shall bring or cause to be brought into the Township
any unlicensed dog and shall keep the same or permit the same to be
kept within the Township limits for a period of more than 10 days
shall immediately apply for a license and registration tag for each
such dog.
[1974 Code § 75-9]
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.
[1974 Code § 75-10; Ord. No. 89-13]
a.
License fees and other moneys collected or received under the provisions
of this section shall be forwarded to the Treasurer within 48 hours
after collection or receipt and shall be placed in a special account
separate from any of the other accounts of the Township and shall
be used for the following purposes only: for collecting, keeping and
disposing of dogs liable to seizure under this section; for local
prevention and control of rabies; for providing antirabies treatment
under the direction of the Township Council for any person known or
suspected to have been exposed to rabies; for all other purposes prescribed
by the Statutes of New Jersey governing the subject; and for administering
the provisions of this section. Any unexpended balance remaining in
such special account shall be retained therein until 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 Township 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.
b.
The registration fee of $0.50 for each dog shall be forwarded within
30 days after collection by the Clerk to the State Department of Health.
[1974 Code § 75-11; Ord. No. 94-28; 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 to a penalty of not less than $25 nor more than $500 for
each offense, to be recovered by and in the name of the Township of
Berkeley.
[1974 Code § 75-12]
No dog shall run at large at any time in this Township.
[1974 Code § 75-13]
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 Township unless such dog is accompanied by a person
over the age of 12 years or by a person who is capable of controlling
it and is securely confined and controlled by an adequate leash not
more than six feet long.
[1974 Code § 75-14]
Any dog while engaged in hunting or training for hunting shall
be in the immediate control, custody and management of its owner or
custodian.
[1974 Code § 75-15]
No owner of any dog shall suffer or permit such dog to be upon
any private property other than the premises of the owner without
the consent of the owner or tenant of the private property.
[1974 Code § 75-16; Ord. No. 84-1]
No person owning or having the care, custody or control of any
dog shall permit such dog to soil, defile, defecate on or commit any
nuisance upon any sidewalk, street or thoroughfare in or upon any
public property or in or upon the property of persons other than the
owner or person having the care, custody or control of such dog.
[1974 Code § 75-17]
No person owning or having the care, custody or control of any
dog shall suffer or permit it to soil or defile or to do any injury
or damage to any lawn, shrubbery, flowers, grounds, trees or any property
of persons other than the owner or person having the care, custody
or control of such dog.
[1974 Code § 75-18]
No person shall keep, harbor or maintain any dog which habitually
barks, howls or cries between the hours of 10:00 p.m. and 6:00 a.m.
[1974 Code § 75-19; Ord. No. 84-1]
The owner or custodian of any dog shall be responsible for the damages done by his dog. The quarters where dogs are kept shall be clean and sanitary at all times and such as not to create a health hazard. In addition, the owner of, or any person having custody, care or control of, any dog which shall soil or defecate on any property contrary to the provisions of Subsection 9-2.5 shall forthwith remove such soil or defecation from such property and deposit the same in a garbage can or receptacle.
[1974 Code § 75-19.1; Ord. No.
94-28]
Every female dog in heat shall be confined in a building or
secure enclosure in such manner that such female dog cannot come into
contact with another dog except for planned breeding.
[1974 Code § 75-19.2; Ord. No.
94-28]
No owner shall fail to provide any animal in his control with
sufficient good and wholesome food and water, with proper shelter
and protection from the weather, with veterinary care when needed
to prevent suffering and with humane care and treatment. No person
shall beat, cruelly ill-treat, torment, overload, overwork or otherwise
abuse any animal or cause or permit any animals to combat between
themselves, nor shall any owner abandon such animal.
[1974 Code § 75-20; amended 8-26-2019 by Ord. No. 19-28-OAB]
Vicious and potentially dangerous dogs shall be managed in accordance
with the Vicious and Potentially Dangerous Dog Act, N.J.S.A. 4:19-17
et seq.
[1974 Code § 75-21; Ord. No. 94-28; amended 8-26-2019 by Ord. No. 19-28-OAB]
No person shall keep within the limits of the Township any vicious
dog. Any vicious dog found within the limits of the Township may be
seized by any Police Officer or by the Animal Control Officer and
shall be impounded as hereinafter specified; provided, however, that
if any dangerous, fierce or vicious dog is found at large and cannot
be seized, taken up and impounded, such dog may be slain by any Police
Officer. In addition, the Animal Control Officer shall be authorized
to take such action as may be reasonable and appropriate for self-protection,
including the slaying or wounding of the vicious dog.
[1974 Code § 75-22; Ord. No. 94-28]
a.
No person shall keep, within any residential zone of the Township,
any dog causing a nuisance and disturbing the peace and quiet of the
neighborhood in which it shall be kept, by excessive, loud and continuous
howling or barking or making and causing other such sounds or noises.
b.
No owner shall fail to exercise proper control of his dog to prevent
it from becoming a public nuisance. Excessive, continuous or untimely
barking, molesting passersby, chasing vehicles, habitually attacking
other domestic animals, trespassing upon school grounds or trespassing
upon private or public property shall be deemed a nuisance.
[1974 Code § 75-23; Ord. No. 84-1; Ord. No. 94-28]
Any person, whether as owner or custodian of a dog, convicted
of a violation of any of the provisions of the section shall, upon
conviction of any of the provisions hereof, be subject to a fine or
penalty not exceeding $500 or imprisonment for a term not exceeding
90 days, or both, at the discretion of the Judge before whom such
conviction is had. In addition to or in lieu of impounding a dog found
at large, the Animal Control Officer may issue to the known owner
of such dog a summons for violations of this section.
[1974 Code § 75-24]
It shall be unlawful for any person to operate a kennel or pet
shop in the Township without first having secured a license therefor.
[1974 Code § 75-25]
As used in this section:
Shall mean and include any establishment for the raising,
training, boarding or selling of dogs, cats, birds, rodents or other
small animals, fish and fowl, for hire or profit, or where more than
five dogs or cats over the age of seven months are harbored or kept.
[1974 Code § 75-26; Ord. No. 97-15 § 4]
Application for licenses shall be made to the Township Clerk.
The application shall include the correct name and address of the
applicant; a description of the nature of the business to be conducted;
the address where the business will be conducted; and a description
of the building or buildings in which it will be housed. Upon receipt
of the application, the Clerk shall forward a copy of the same immediately
to the Township Board of Health for its report and recommendation.
The applicant shall notify all bordering residents 10 days before
approval of the license. If the Board of Health reports that the business
is not likely to violate any applicable ordinances, rules or regulations
dealing with public health or prohibiting nuisances, the Clerk shall
issue the license upon payment to him of a yearly license fee of $25.
This license shall expire on the first day of February of each year
and shall be renewed prior to that time. As used throughout this section,
"Township Clerk" shall be deemed and taken to mean the Township Clerk
or such other person as shall from time to time be designated by the
Township Council to issue licenses pursuant to this section.
[1974 Code § 75-27]
Every licensee shall abide by all applicable State and Township
laws, ordinances, rules and regulations controlling public health
and the prevention of public nuisances.
[1974 Code § 75-28; Ord. No. 94-28; New]
Any person who violates any of the provisions of this section
shall, upon conviction by any court having jurisdiction of the subject
matter, be subject to a fine not to exceed $500 or imprisonment for
a term not to exceed 90 days, or both.
[1974 Code § 75-29; Ord. No. 94-28]
a.
The position of Animal Control Officer is hereby established under
the jurisdiction of the Police Department. The Animal Control Officer
shall be an employee of the Township and subject to the control and
direction of the Chief of Police or other officer in charge of the
Police Department.
b.
The duties of the Animal Control Officer shall be enforcement of
the measures and provisions for the control of dogs contained in N.J.S.A.
4:19-15 through 4:10-15.29 and any amendments thereof, and the provisions
of this section.
c.
The Township Council shall also have the power to enter into a contract
with one or more persons for the exercise of the duty of the Animal
Control Officer to enforce the provisions of this section.
[1974 Code § 75-30]
a.
The Animal Control Officer, when in immediate pursuit of a dog or
dogs which he may lawfully seize or impound under the provisions of
this section or under the New Jersey Statutes is hereby authorized
to go upon or enter into any premises, but not to enter an inhabited
dwelling house without permission of the owner, to seize such dog
or dogs for impounding, and such entry shall not be deemed a trespass,
except that he may not go upon any premises if the owner thereof or
the owner's representative is present and forbids him to do so.
b.
A suitable animal pound or equivalent facilities shall be provided
by the Township, and it shall be the duty of the Animal Control Officer
to clean and otherwise take care of the pound or facility and to feed
regularly and give other necessary care to any and all animals impounded
therein.
[1974 Code § 75-31]
It shall be the duty of the Animal Control Officer to apprehend
and take into custody and impound, or cause to be taken into custody
and impounded, any vicious dog or any dog found running at large,
and to impound such dog in the municipal pound or other suitable place.
A complete registry of all such dogs so seized shall be made which
shall include the breed, color and sex of such dog and whether licensed.
If licensed, the name and address of the owner and the number of the
license tag shall be recorded.
[1974 Code § 75-32]
If any dog seized or impounded in accordance with the provisions
of this section shall wear a collar or harness having inscribed thereon
or attached thereto the name and address of any person or a registration
tag, or the owner or person keeping or harboring the dog is known,
the Animal Control Officer shall forthwith serve upon the person whose
address is given on the collar or the owner or person keeping or harboring
the dog, if known, 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 the service of the notice.
[1974 Code § 75-33]
a.
When any dog has been seized in accordance with the provisions of this section and has been detained for seven days after such notice, when notice can be given as set forth in Subsection 9-4.4, or has been detained for seven days after seizure when no notice has been given as set forth in Subsection 9-4.4, and if the owner or person keeping or harboring the dog has not claimed the dog and paid all expenses incurred by reason of its detention as hereinafter specified, and if the dog be unlicensed at the time of 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 may cause the dog to be destroyed in a manner causing as little pain as possible.
b.
c.
No dog so impounded shall be sold, given, released or turned over
to any agency, organization or corporation whether governmental or
private, for experimentation or other like purposes.
[1974 Code § 75-34]
No person shall hurt, molest or interfere with anyone authorized
or empowered to perform any duty under this section.
[1974 Code § 75-35]
[Ord. No. 2016-02-OAB]
a.
Dogs may be tethered under the following circumstances:
1.
The tether must be at least 15 feet long and have an operative swivel
on both ends, weigh no more than 1/8 of the dog's weight and
be attached to a properly fitted collar or harness.
2.
The collar used for tethering may not be a choke chain collar, slip
collar or prong collar.
3.
The tether must allow the dog access to proper shelter, sufficient
food and sufficient water.
4.
The tether may not be used in any area where it may be tangled around
an object, such as, but not limited to, a tree, pole, fence or stake.
5.
The tether cannot inhibit the movement of the animal's limbs
or cause injury, harm, entanglement or strangulation.
6.
The tether must restrain the dog within the bounds of the owner's
or custodian's property.
7.
The tether must terminate no less than five feet from any fence,
pool, wall, vehicle, tree or roadway, or other object or obstruction
upon which the animal might harm himself.
8.
Dogs may be tethered for no more than six consecutive hours in any
twenty-four hour period of time.
9.
If there are multiple dogs, each dog shall be tethered separately
and in such a manner that the tethers shall not become entangled with
each other.
10.
No dog shall be tethered at a vacant structure or premises for any
purpose when it is not monitored by a competent adult who is present
at the property for the duration of such tethering.
11.
No dog that is sick or injured shall be tethered.
b.
Dog Shelters.
1.
Dog shelters shall be a suitable size to accommodate the dog in both
standing and lying positions.
2.
It shall be moisture-proof, windproof, ventilated and in cold temperatures
shall promote the retention of body heat.
3.
It shall be made of durable material with a solid, moisture-proof
floor raised at least two inches from the ground.
4.
It shall have a sufficient quantity of clean bedding material consisting
of hay, straw, cedar shavings, or equivalent to provide insulation
and protection against cold and dampness.
5.
Drinking water is available in a clean, liquid state. Snow or ice
is not an acceptable water source.
6.
The doghouse or similar structure and the surrounding area shall
be free from excessive dirt, trash and waste.
7.
For temperatures below 32° F., the doghouse or structure shall
have a wind break at the entrance.
8.
For temperatures above 85° F., all dogs must be afforded one
or more separate areas of shade large enough to accommodate the entire
body of each dog and protect them from the direct rays of the sun.
[Ord. No. 2016-02-OAB]
This section shall be enforced by the Township Animal Control
Officer and/or the Township Police Department. When a violation of
this provision occurs, an animal control officer or law enforcement
officer is authorized to document the circumstances and obtain evidence.
[Ord. No. 2016-02-OAB]
