[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. 3/3/80; § 509]
a. 
An owner of an animal having bitten a human being is required under the State statutes of the State of New Jersey, and under the rules and regulations governing the borough board of health to place the animal under quarantine for a period of 10 days from the date of the bite.
b. 
An owner may remove the animal from quarantine by obtaining a health certificate from a licensed veterinarian; the health certificate must be obtained on the 10th day from the date of the bite and the certificate must be immediately forwarded to the borough board of health.
c. 
Should the animal escape or should the owner, for any reason, be unable to produce the animal on the expiration of the quarantine period, or having failed to obtain a release from quarantine, the owner shall be liable under the penalty provisions of this section and State law.
[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, § 509]
a. 
Definition and Authority. For the purposes of this section, the owner of a dog shall include any person, corporation, or legal entity which owns, keeps, maintains, or harbors a dog within the borough and shall also include the head of any household wherein a dog is kept, maintained or harbored.
Pursuant to the authority conferred upon the governing body by N.J.S. 4:19-15.2, the board of health is authorized to license dogs in the borough.
For purposes of this section, a dog shall be deemed vicious, if unprovoked, the dog (a) has attacked any human by biting or which has caused any person to be fearful for his safety by chasing, snapping at or otherwise frightening the person, or (b) demonstrates a propensity to approach persons in an apparent attitude of attack, or (c) has habitually attacked other dogs or animals.
[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.
[1]
Editor's Note: Former Section BH7-1B, Pit Bulls, previously codified herein and containing portions of Ordinance Nos. BH9401 and BH7404, was repealed in its entirety by Ordinance No. BH9801.
[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.