[Ord. 3/6/66, § 501]
Reference is specifically made to N.J.S.A. Title 26, Chapter
4, Article 7, entitled "Rabies and Control of Dogs", which chapter and article are incorporated by reference.
[Ord. 3/6/66, §§ 502 —
505; Ord. #7015, § 1, 11/22/70; New; Ord. #BH2004-01; Ord. No. BH2016-01]
a. Required. Any person who shall keep or harbor a dog of licensing
age (attained the age of seven months, or which possesses a set of
permanent teeth) shall, in January and annually thereafter, apply
for and procure from the secretary of the board, a license and official
metal registration tag for each dog owned, kept or harbored, and shall
place upon each dog a collar or harness with the registration securely
fastened.
b. Fee. The person applying for the license and registration tag shall
pay a fee as stated in subsection 2-4.1. In order to obtain a license,
proof of a current rabies vaccination, which does not expire prior
to November 1st of each licensing year, must be shown.
c. Expiration. Registration tags and renewals shall expire on January
31 in each year.
d. Newly Acquired Dog. 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
acquisition or age attainment.
[Ord. 3/6/66, § 506; Ord. 11/2/70, § 1; Ord. 12/6/76, § 1; Ord.
12/1/80, § 2]
a. Running at Large. The owner, keeper or custodian of a dog found running
at large in the borough shall be guilty of a violation of this section.
b. Leash Required. 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 the dog is accompanied by a person
who is capable of controlling the dog and who has the dog securely
confined and controlled by a leash.
[Ord. 3/6/66, § 507; Ord. 11/2/70, § 1; Ord. 12/6/76, § 1; Ord.
12/1/80, §§ 3; Ord. # 2005-14]
a. Definitions. For the purpose of this subsection, the following terms,
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 consistent with the context, words used
in the present tense include the future, words used in the plural
number include the singular, and words used in the singular number
include the plural number. The word "shall" is always mandatory and
not merely directory.
IMMEDIATE
Shall mean that the pet solid waste is removed at once, without
delay.
OWNER/KEEPER
Shall mean any person who shall possess, maintain, house
or harbor any pet or otherwise have custody of any pet, whether or
not the owner of such pet.
PERSON
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
PET
Shall mean a domesticated animal (other than a disability
assistance animal) kept for amusement or companionship.
PET SOLID WASTE
Shall mean waste matter expelled from the bowels of the pet;
excrement.
PROPER DISPOSAL
Shall mean placement in a designated waste receptacle, or
other suitable container, and discarded in a refuse container which
is regularly emptied by the municipality or some other refuse collector;
or disposal into a system designated to convey domestic sewage for
proper treatment and disposal.
b. Prohibited. It shall be unlawful for any person owning or having
the care, custody or control of any pet to permit the pet to soil,
defile or to commit any nuisance upon said any sidewalk of any public
street or thoroughfare; nor in or upon any public building or any
approach to the building from the street; nor in or upon any public
park, public playground or school playground; nor in or upon the property
of persons other than the owner, person owning or having the care,
custody or control of the pet; provided, however, for the purpose
of this paragraph of this subsection, the above mentioned restrictions
shall not apply to that portion of the street lying between the curb
lines which shall be used to curb the pet.
c. Removal of Feces. No person shall walk a pet on a public street or
any other public place or on any public place, or on any private premises
other than property owned by or under the control of the owner, person
owning or having the care, custody or control of the pet, unless that
person shall at all times have on his person a proper scoop and container
or similar efficient sanitary means to immediately remove any and
all feces deposited by the pet and immediately removes the deposited
feces.
d. All pet owners and keepers are required to immediately and properly
dispose of their pets' solid waste deposited on any property,
public or private, not owned or possessed by that person.
e. Responsibility for Acts. Any pet found to be in violation of this
subsection, paragraphs a through d, shall be deemed to be in such
place by permission or order of the owner, harborer or keeper of such
pet, and any pet committing any of the acts specified therein shall
be deemed to have committed such act by permission or order of the
owner, harborer or keeper of such pet, and such owner, harborer and
keeper shall be guilty of violation of this subsection.
f. 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.
[Ord. 3/6/66, § 507; Ord. 12/6/76, § 2]
The owner, keeper or custodian of a dog which injures or damages
any lawn, shrubbery, flowers, grounds or property of another, shall
be guilty of a violation of this section.
[Ord. 3/6/66, § 508; Ord. 12/6/76, § 2; Ord. 12/1/80, § 4; Ord. # 2005-14]
a. Any person who violates or refuses to comply with the regulations
of this section shall be liable to a penalty of not more than $50
for each offense, to be recovered by and in the name of the Borough.
A person who refuses or neglects to pay the amount of a judgment rendered
against him and the costs and charges incident thereto shall be committed
by the court to the county jail for a period not exceeding two days
in the case of a conviction.
b. The provisions of this section shall be enforced by the police department
and the superintendent of the department of public works or his designee.
[Ord. 8800-BH, § 510]
The health officer or his designated representative is authorized
to investigate complaints concerning vicious or possible vicious dogs.
If such an investigation discloses that a dog within the borough is
vicious, the health officer shall notify all persons or entities classified
as owners of the dog in writing of such determination. The written
notification shall inform the owner that the owner has 15 days to
notify the board of health that the owner challenges the determination
of viciousness and desires a hearing on that issue. If the owner fails
to demand a hearing within 15 days of receipt of the health officer's
notification, then the determination of viciousness shall become final
and binding. In the event the owner demands a hearing, then the board
of health shall provide for same as hereinafter specified. Any notice
to an owner as herein described must be by personal delivery or by
certified mail, return receipt requested. Either the mail receipt
or a certification of the personal service shall be required as proof
of notification to the owner.
The board of health shall conduct the hearing. A verbatim record
of the hearing shall be made and maintained for at least two years.
At the hearing, evidence shall be presented relative to past
acts of the dog and its propensities to commit similar acts in the
future. A finding shall be made as to whether the dog in question
is vicious and as to whether the continued presence of the dog without
restriction within the borough would be contrary to the health and
welfare of the residents of the borough.
At the hearing, the owner may be represented by counsel and
the health officer or his designated representative and owner may
present relevant evidence, may confront adverse witnesses, may examine
adverse evidence and may present reasonable argument. The owner of
the dog shall be afforded at least one week advance notice of the
hearing and a copy of this section.
If, after conducting the hearing, the board of health finds
that the dog is vicious, the board of health shall reduce the determination
to writing, listing the salient findings upon which the determination
is based, and shall serve a copy of same upon the dog's owner.
The board of health shall maintain a central file of all such written
determinations and a central storage location for all verbatim records.
Verbatim records need not be reduced to transcript unless the owner
appeals the determination, in which case the expense of transcript
production shall be borne by the party appealing.
The owner of any dog aggrieved by a determination of the board
of health may, in his discretion, appeal the determination to the
mayor and council by the filing of a written request for such appeal
with the municipal clerk and the service of a copy of same upon the
officer within 30 days of the date of notification of the board of
health's determination. Any appeal to the mayor and council shall
be upon the record below. Such owner, may also, in the owner's
discretion appeal to a court of competent jurisdiction. The procedure
to be followed as a result of any determination of viciousness as
hereinafter provided shall not be stayed by the filing of an appeal
unless so ordered by the appellate body.
[Ord. 8800-BH, § 511]
Upon a finding that a dog is vicious, the owner of such dog
shall:
a. Pay an annual vicious dog fee of $100 which shall be in addition
to the regular dog owner license fee and which shall go into a separate
fund to be used towards expenses incurred conducting vicious dog hearings.
b. Shall forthwith provide the board of health with proof of existence
of an insurance policy with a policy limit of at least $100,000 insuring
against liability resulting from conduct of the dog, which policy
must be maintained in full force and effect.
c. Shall promptly have the dog permanently identified by placement of
an indelible identification number on the dog's upper left thigh
by a veterinarian licensed by the State of New Jersey or by such other
persons as the board of health may designate.
d. Shall conspicuously post such number of signs bearing the words "VICIOUS
DOG ON PREMISES" at the location where the dog resides, as may be
necessary to adequately inform the public of the presence of a vicious
dog, as determined by the board of health.
e. Shall not permit the dog upon the public streets or in public places
unless muzzled and adequately controlled by a leash no longer than
four feet in length.
f. Shall provide such fencing as may be adequate in height and strength
to ensure the dog is incapable of escaping any private yard or enclosure
in which it is kept.
The penalty for violation of any provision of this section shall
be a fine up to $200 or imprisonment of up to 90 days or both.
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[Ord. 3/6/66, §§ 2001,
2002]
a. Required. No person shall keep small animals, as defined in section
BH1-2, on any premises within the borough unless a license for that purpose shall have been first secured from the board covering the premises to be used.
b. Refusal to Grant. No license for the keeping or raising of small
animals, shall be granted to any person when the keeping or raising
of small animals, because of the nature or characteristics thereof,
would be detrimental to the general health of the residents of the
neighborhood of the premises sought to be licensed.
[Ord. 3/6/66, § 2003]
No person shall allow any small animal to run at large in the
borough, but the same shall, at all times be confined to the premises
licensed for the keeping thereof.
[Ord. #8501, § 2004, 5/6/85; Ord. #8601, § 2004,
11/10/86]
The keeping or raising of pigeons or other fowl shall be strictly
prohibited within the borough.
[Ord. #BH-8902]
Notwithstanding the rules and regulations applicable to small
animals as defined in this section hereof, no person shall allow more
than a combined total of five small animals to be kept or raised at
any one time on any premises in the borough regardless of the number
of family units occupying the premises.
[Ord. 3/6/66, § 1901]
No person shall slaughter or engage in the business of slaughtering
any live animals within the borough.