This article is supplemental to N.J.S.A. 4:19-15.1 et seq.
[Ord. No. 0-16-09; Ord. No. 0-15-10]
A.
AND or OR
ANIMAL CONTROL OFFICER
ANIMAL CRUELTY INVESTIGATOR
AT LARGE
CAT
CAT OF LICENSING AGE
DOG
DOG OF LICENSING AGE
OWNER
The words hereinafter defined shall have the respective meanings
herein indicated for the purposes of this article, as follows:
May be used interchangeably, and either of the two may be
applicable, whichever may be more conducive toward the giving of full
effect to this article.
The officer appointed by the borough and certified in accordance
with N.J.S.A. 4:19-15.16a.
The officer appointed by the borough and certified in accordance
with N.J.S.A. 4:19-15.16a.
Off the premises of the owner and not under the control of
the owner or a member of his family, either by leash, cord, chain
or otherwise.
Any member of the domestic feline species; male, female or
altered.
Any cat which has attained the age of seven months.
Any dog, bitch or spayed bitch, or dog hybrid.
Any dog which has attained the age of seven months or which
possesses a set of permanent teeth.
When applied to the proprietorship of a dog or cat, includes
every person having a right of property in such dog or cat and every
person who has such dog or cat in his keeping.
B.
Personal pronouns shall mean either the singular or the plural, whichever
may be applicable and more conducive toward the giving of full effect
to this article.
C.
The masculine, feminine or neuter gender shall be implied, whichever
may be most appropriate and conducive toward the giving of full effect
to this article.
[Ord. No. 15-10]
No person shall own, keep or harbor any dog or cat within the
Borough without first obtaining a license therefor to be issued by
the Borough Clerk upon application by the owner and payment of the
prescribed fee, and no person shall own, keep or harbor any dog or
cat in North Caldwell except in compliance with the provisions of
this article.
No person shall own, keep or harbor in excess of five dogs and
cats in combination over the age of three months at any one time.
Of the five dogs and cats so permitted, not more than three may be
dogs.
[Ord. No. 15-10]
Any person who shall own, keep or harbor a dog or cat of licensing
age shall, in the month of January of each year, apply for and procure
from the Borough Clerk a license and official metal registration tag
for each such dog so owned, kept or harbored and shall place upon
such dog or cat a collar or harness with the registration tag securely
fastened thereto.
A.
Fees for license and registration tag for dogs and cats shall be as stated in Borough Code Chapter 45, Fees. Said licenses, registration tags and renewals shall expire on the last day of January in each year. In the event that said license and registration renewals are not made in January of each year, the fee for late renewals shall be as stated in Chapter 45, fees. The increase in fees set forth herein for late registration of dogs is in addition to the penalties set forth herein for violation of the provisions of this article.
B.
No license shall be issued unless such dog or cat is vaccinated against
rabies as required by N.J.S.A. 4:19-15.2a.
[Ord. No. 15-10]
The application shall state the breed, sex, age, color and markings
of the dog or cat and whether it is of 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 or cat.
License forms and uniform official metal registration tags designed
by the State Department of Health shall be issued, shall be numbered
serially and shall bear the year of issuance and the name of the Borough
of North Caldwell.
[Ord. No. 15-10]
The owner of any newly acquired dog or cat of licensing age
or of any dog or cat which attains the licensing age, as in said act
provided, shall make application for license and registration tag
for such dog or cat within 10 days after such acquisition or age attainment.
Said application shall contain the information as required by this
chapter.
[Ord. No. 15-10]
A.
Any person who shall bring or cause to be brought into the borough
any dog or cat 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 in the borough for a period of more than 90 days,
shall immediately apply for a license and registration tag for each
such dog or cat.
B.
Any person who shall bring or cause to be brought into the borough
any unlicensed dog or cat 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.
Dogs used as guides for blind persons and commonly known as
"Seeing Eye," "Service" or "Hearing" 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. (N.J.S.A.
4:19-15.3)
Registration numbers shall be issued in the order of the application.
[Ord. No.15-10]
A.
No person who owns, keeps or harbors any dog or cat shall suffer
or permit such dog or cat to bark, howl or cry habitually in such
manner as to constitute a nuisance, or to bite or molest any person,
or to chase any vehicle upon a public street, or to injure or damage
any lawn, shrubbery, flowers, grounds or any property of any person
other than its owner, or to behave in any way so as to endanger person
or property.
B.
Disposal of defecation.
(1)
No person who owns, keeps or harbors any dog or cat (persons hereinafter
collectively called the owner of the dog or cat) shall suffer or permit
such dog or cat to defecate on any public street, thoroughfare or
sidewalk, on any park or recreation area, on any public school property
or on any private property other than that belonging to the owner
of the dog or cat, unless said person shall immediately remove and
dispose of, in a sanitary manner, all excrement and feces deposited
on said property.
(2)
No person shall walk any dog or cat on the property described in Subsection B(1) hereof unless such person shall at all times during such walk have on his or her person a proper scoop and container or similar efficient means of immediately removing any and all excrement and feces deposited by such dog or cat.
(3)
All feces and excrement removed and disposed of as required by this
section shall be disposed of in a sealed, nonabsorbent, leak-proof
container.
(4)
The provisions of this section shall not apply to dogs used as guides
for blind persons.
[Ord. No. 15-10; New]
A.
No person owning, keeping or harboring any dog or cat, either licensed
or unlicensed, shall suffer, permit or allow it to run at large off
the premises of the owner; or shall suffer or permit any dog or cat
to run at large without the registration tag herein provided for;
or shall cause, permit or suffer any unlicensed dog or cat to wear
such registration tag issued for another dog or cat.
B.
The person owning, keeping, harboring or having the care, custody
or control of any dog or cat which shall, while running at large on
land of another or on a public road, park, playground or other public
place, cause another person to suffer damage or loss, shall be responsible
for such damage or loss.
C.
The owner of any dog or cat which shall bite, scratch or harm a person
while such person is on or in a public place or lawfully on or in
a private place, including the property of the owner of the dog or
cat, shall be liable for such damages as may be suffered by the person
bitten, scratched or harmed regardless of the former viciousness of
such dog or cat or the owner's knowledge of such viciousness.
For the purpose of this section, a person is lawfully upon the private
property of such owner when he is on the property in the performance
of any duty imposed upon him by the laws of this state, the laws or
postal regulations of the United States or the ordinances of the borough,
or when he is on such property upon the invitation, express or implied,
of the owner thereof.
D.
The borough shall not be responsible for any damage or loss caused
by any dog or cat running at large in the borough.
[Ord. No. 15-10]
A.
No person who owns, keeps or harbors any dog or cat shall suffer
or permit such dog or cat to be in or upon any public school property
or in or upon any public park or recreation area.
B.
No person who owns, keeps or harbors any dog or cat shall suffer
or permit such dog or cat to be in or upon any street or public property,
or in or upon any private property without the consent of the owner
of such property unless accompanied by and under the control of a
responsible person and on a leash not exceeding six feet in length.
[Ord. No. 15-10]
No person who owns, keeps or harbors any dog or cat shall suffer
or permit such dog or cat if a female in season, to be off the premises
of its owner.
[New]
A.
POTENTIALLY DANGEROUS DOG - Shall mean any dog or dog hybrid declared
potentially dangerous by a Municipal Court pursuant to the provisions
of N.J.S.A. 4:19-23. (N.J.S.A. 4:19-18)
B.
Finding to declare dog potentially dangerous.
(1)
The Municipal Court shall declare a dog to be potentially dangerous
if it finds by clear and convincing evidence that the dog:
(a)
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
bodily injury or death to a person, or
(c)
has been trained, tormented, badgered, baited or encouraged
to engage in unprovoked attacks upon persons or domestic animals.
C.
Order and schedule for compliance for potentially dangerous dog;
conditions.
If the Municipal Court declares the dog to be potentially dangerous,
it shall issue an order and a schedule for compliance which, in part:
(1)
shall require the owner to comply with the following conditions:
(a)
to apply, at his own expense, to the Borough 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
N.J.S.A. 4:19-30. 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;
(b)
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 (c) below.
(c)
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;
(2)
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. (N.J.S.A. 4:19-24)
D.
Duties of owner of potentially dangerous dog.
The owner of a potentially dangerous dog shall:
(1)
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;
(2)
Notify the licensing authority, local 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;
(3)
Notify the licensing authority, local Police Department, and the
Animal Control Officer within 24 hours of the death, sale or donation
of a potentially dangerous dog;
(4)
Prior to selling or donating the dog, inform the prospective owner
that the dog has been declared potentially dangerous;
(5)
Upon the sale or donation of the dog to a person residing in a different
municipality, notify the licensing authority, Police Department, and
Animal Control Officer of that municipality of the transfer of ownership
and the name, address and telephone of the new owner; and
(6)
In addition to any license fee required pursuant to section N.J.S.A.
4:19-15.3, pay a potentially dangerous dog license fee to the municipality
as provided by N.J.S.A. 4:19-31.
(N.J.S.A. 4:19-28)
E.
Violations by owner; penalties; enforcement; seizure and impoundment
of dog; destruction by order of court.
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 whose owner fails to comply with the provisions of N.J.S.A. 4:19-17
et seq., or any rule or regulation adopted pursuant thereto, or a
court's order. The Municipal Court may order that the dog so
seized and impounded be destroyed in an expeditious and humane manner.
(N.J.S.A. 4:19-29)
F.
Potentially dangerous dog registration number, red identification
tag and license; issuance; telephone number to report violations;
publicity.
The Borough shall:
(1)
Issue a potentially dangerous dog registration number and red identification
tag along with a municipal potentially dangerous dog license upon
a demonstration of sufficient evidence by the owner to the Animal
Control Officer that he has complied with the Court's orders.
The last three digits of each potentially dangerous dog registration
number issued by the municipality will be the three number code assigned
to the municipality in the regulations promulgated pursuant to N.J.S.A.
4:19-33. The Animal Control Officer shall verify, in writing, compliance
to the Borough Clerk or other official designated to license dogs
in the municipality;
(2)
Publicize a telephone number for reporting violations of this section
and N.J.S.A. 4:19-17 et seq.
(N.J.S.A. 4:19-30)
G.
Potentially Dangerous dog license required.
The owner or keeper of any dog declared to be potentially dangerous shall obtain a license from the Borough and shall pay an annual fee as stated in Chapter 45, Fees. The license shall be issued according to the provisions of N.J.S.A. 4:19-30. (N.J.S.A. 4:19-24)
H.
Vicious dogs.
(1)
VICIOUS DOG - Shall mean any dog or dog hybrid declared vicious by
a Municipal Court pursuant to N.J.S.A. 4:19-22. (N.J.S.A. 4:19-18)
(2)
Findings to Declare Dog Vicious; Grounds.
(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 section 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.
(N.J.S.A. 4:19-22)
[Ord. No. 15-10; New]
A.
Any cat which unprovoked has attacked or bitten any human being,
or which habitually attacks other dogs, cats or domestic animals,
is hereby defined to be a vicious cat, for the purpose of this section.
B.
No person who owns, keeps or harbors any vicious cat which shall
have once bitten any person, except on its owner's property,
shall, after being given written notice by the Animal Control Officer
or person appointed by the Mayor and Council, suffer or permit such
cat to be in any place other than its owner's property without
being securely muzzled or confined on a leash and accompanied by and
under the control of a responsible person.
C.
It shall be the duty of the Animal Control Officer to receive and
investigate complaints against cats, and when any cat complained against
shall be deemed by such Animal Control Officer to be a vicious cat,
as herein defined, the said officer shall report the facts to the
Municipal Court Judge of the Borough who shall thereupon cause the
owner or person harboring such dog to be notified in writing of the
complaint against such cat, and to appear before said Municipal Court
Judge at a stated time and place.
D.
The Municipal Court Judge, at the time set for such hearing, shall
inquire into the facts and give all interested persons an opportunity
to be heard, under oath, and to be represented by counsel, and the
Municipal Court Judge shall decide in accordance with such evidence
before him; and if the Municipal Court Judge shall decide that such
cat complained of is a vicious cat, as defined by this section, notice
of such decision shall be given to the owner or person harboring such
cat.
E.
No cat which has been so determined to be a vicious cat shall be
permitted to run at large or be upon any street or public place in
the borough, except while securely muzzled and under leash, and the
owner or person harboring any such vicious cat who shall suffer or
permit such cat to run at large or be upon any street or public place
in the borough while not securely muzzled and under leash, shall be
guilty of a violation of this article.
F.
Keeping of Certain Cats Prohibited.
No person shall keep or harbor any vicious cat which shall have
bitten any person or persons two or more times, wherever occurring,
after being given written notice by the Animal Control Officer.
[Ord. No. 15-10; New]
A.
The Animal Control Officer is empowered and authorized to take into
custody any dog or cat or other animal which commits any of the acts
set forth in this chapter inclusive, upon receiving complaint in writing,
or which is observed by him:
(1)
Without a current registration tag on its collar or harness as required
by law.
(2)
In or upon any public school property or any public park or recreation
area in violation of any regulation promulgated by the public authority
having jurisdiction thereof, or any other public property, and not
accompanied by and under the control of a responsible person.
(3)
A female in season off the premises of its owner.
(4)
Barking, howling or crying in such manner as to constitute a nuisance,
or biting or molesting any person, or chasing a vehicle upon a public
street, or injuring or damaging any lawn or shrubbery or flowers or
grounds or other property of any person or persons other than its
owners, or behaving in any way so as to endanger person or property.
(5)
Any dog off the premises of the owner or of the person charged with
the care of the dog, which is reasonably believed to be a stray dog.
(6)
Any dog or other animal which is suspected to be rabid.
(7)
Any dog or other animal off the premises of the owner or person charged
with its care that is reported to, or observed by, a certified Animal
Control Officer to be ill, injured, or creating a threat to public
health, safety or welfare or otherwise interfering with the enjoyment
of property.
B.
If any dog or cat so taken into custody wears a collar or harness
having inscribed thereon or attached thereto the name and address
of any person or a registration tag, or has a microchip or if the
owner or the person keeping or harboring such dog or cat is known,
the Animal Control Officer shall forthwith notify the person charged
with care of the animal or, if known, the owner or the person keeping
or harboring such dog or cat that the dog or cat has been taken into
custody and will be offered for adoption or euthanized if not claimed
within one week after the service of such notice. Such notice shall
be in writing in accordance with N.J.S.A. 4:19-15.16.
C.
Such person shall be entitled to redeem such dog or cat within one
week after giving of such notice; and if notice is not required to
be given hereunder, any person claiming such dog or cat shall be entitled
to redeem the dog or cat within one week after its being taken into
custody, upon establishing his title thereto and, if the dog or cat
was unlicensed or untagged at the time of its seizure, upon producing
a license and registration tag for the dog or cat and upon paying
all expenses incurred by reason of the dog's or cat's detention.
D.
If any dog or cat so taken into custody shall not be redeemed as
aforesaid, it shall thereupon be euthanized in a humane manner and
consistent with N.J.S.A. 4:22-19.
E.
Charges.
All charges shall be paid to the Impoundment Facility by the
person owning, keeping, harboring or having the care, custody or control
of any dog or cat as expenses incurred by reason of detention in accordance
with the provisions of this section.
[1]
Editor's Note: Impoundment Facility operated under a
Shared Services Agreement.
[Ord. No. 15-10]
Any officer or agent authorized or empowered to seize a dog
or cat hereunder is hereby authorized and empowered to go upon any
premises to take into custody any dog or cat which he may lawfully
seize when he is in immediate pursuit of such, except upon the premises
of the owner of the dog or cat if said owner is present and forbids
the same.
No person shall hinder, molest or interfere with anyone in the
performance of any of his powers or duties under this article.
[Ord. No. 15-10]
Any notice required or permitted to be given hereunder may be
made and given on information and belief. Any such written notice
shall be left at or mailed to the usual or last known place of abode
of the person to whom directed or, when applicable, the address given
on a dog or cat collar or harness or microchip.
[Ord. No. 15-10]
A.
No person shall own, possess, harbor or keep any dog or cat within
the boundaries of the Borough of North Caldwell which has not been
inoculated against rabies; provided, however, that dogs and cats which
have not attained the age of six months shall not be required to be
so inoculated, and further provided that any dog or cat may be exempt
from the requirement of such inoculation, for a specified period of
time, by the Health Officer, upon the presentation of a certificate
from a veterinarian stating that because of infirmity or other physical
condition, the inoculation of such dog or cat for said specified period
of time is contraindicated.
B.
Any person, firm or corporation owning, keeping, harboring or having
custody of said dog or cat shall obtain from the veterinarian who
vaccinates said dog or cats against rabies a certificate on a from
supplied by the Health Officer and available at the Borough Clerk's
office, and shall, within 10 days of such vaccination or within 10
days after bringing the dog or cat into the Borough of North Caldwell,
if the dog or cat was vaccinated before being brought into the Borough,
deliver said certificate to the Borough Clerk's office, which
shall file the same with the records of the Health Officer.
C.
No license shall be issued to any person, firm or corporation unless
a certificate issued by a duly licensed veterinarian of the State
of New Jersey, as hereinabove provided, is presented to and filed
with the Borough Clerk, showing that such dog or cat has been vaccinated
against rabies in the manner provided herein. Such certificate shall
show and certify that said vaccination has been made within one year
from the date of the filing of the application for such license.
[New]
Any person who violates or who fails or refuses to comply with
N.J.S.A. 4:19-15.2, Dogs; license and metal registration tag required;
placing tag on dog, N.J.S.A. 4:19-15.4, Time for applying for license;
N.J.S.A. 4:19-15.6, Dogs brought into State; N.J.S.A. 4:19-15.7, Removing
tag from dog without owner's consent; attaching tag to another
dog; N.J.S.A. 4:19-15.8, License for kennel, pet shop, shelter or
pound; N.J.S.A. 4:19-15.10, Kennels, pet shops, shelters or pounds;
permitting dogs to go off premises; and N.J.S.A. 4:19-15.18, Interfering
with persons performing duties under act, or the rules and regulations
promulgated by the State Department of Health pursuant to N.J.S.A.
4:19-15.14, shall be liable to a penalty of $50 for each offense.
(N.J.S.A. 4:19-15.19)
This article shall not be considered as prohibiting the exercising
or training of dogs as permitted by N.J.S.A. 23:4-25; provided, however,
that the consent of the owner of the premises is first obtained.
