[1982 Code § 44-1]
As used in this chapter:
Shall mean the person holding the position of Animal Control
Officer in the Borough and any deputy, assistant or helper of such
officer and any person or persons designated from time to time as
Acting Animal Control Officer.
Shall mean off the premises of the owner and not under the
control of the owner and not under the control of a member of his
immediate family either by leash, cord or chain or otherwise, as in
the case of obedience-trained dogs.
Shall mean to seize with the teeth or jaws so as to enter,
nip or grip the person or thing seized; also to cut, wound, pierce
or to impress deeply the person or thing seized.
Shall mean any member of the domestic feline species; male,
female or altered.
Shall mean any act which has attained the age of seven months,
or which possesses a set of permanent teeth.
Shall mean any room or group of rooms, cage, or exhibition
pen, not part of a kennel, wherein cats for sale are kept or displayed.
Shall mean any dog, bitch or spayed bitch.
Shall mean any dog which has attained the age of seven months
or which possesses a set of permanent teeth.
Shall mean the Borough Clerk or any designated representative
thereof.
Shall mean rendered permanently incapable of reproduction
as certified by a licensed veterinarian.
Shall mean and include, when applied to the proprietorship
of a dog or cat, every person having a right of property in such dog
or cat and every person who has such dog, cat or other animal in his
keeping. A person shall be deemed to have a dog or cat in his keeping
whenever the ownership or custody of any dog or cat is in an unemancipated
infant or other member of his household.
Shall mean and include the building and the plot of land
on which the building stands, in which the owner of a dog or cat has
a place of abode or place of business in the Borough.
Shall mean any dog, as defined in this subsection, which
attacks and bites or attempts to attack and bite persons or dogs or
other animals without being incited to do so or which has shown such
savagery, fierceness or ferocity as to indicate that it is a threat
to the safety of persons.
[1982 Code § 44-5; New]
No person shall keep or harbor or suffer the keeping or harboring
within the limits of the Borough any dog or cat without first obtaining
a license therefor, to be issued by the Borough Clerk of the Borough
upon application by the owner or some person on behalf of the owner
and payment of the prescribed fee, and no person shall keep or harbor
any dog or cat in the Borough except in compliance with the provisions
of this section and the provisions for the control of dogs or cats
contained in N.J.S.A. 4:19-15.1 et seq. and any amendments thereof.
[1982 Code § 44-6; New]
Any person who shall own, keep or harbor or suffer the keeping
or harboring of any dog or cat of licensing age within the Borough
shall, in the month of January and annually thereafter, apply for
and procure from the Borough Clerk 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.
a.
License Number Displayed. Any person who shall own, keep, or harbor
a dog or cat of licensing age shall annually apply for and procure
from the Borough Clerk a license and official registration tag with
license number, or a registration sleeve for each dog or cat so owned,
kept, or harbored, and shall place upon such dog or 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. The owner of any newly acquired dog
or cat of licensing age, or of any dog or cat which attains licensing
age, shall make application for license tag (or sleeve for the cat)
within 10 days after such acquisition or age attainment. This requirement
will not apply to a nonresident keeping a dog or cat within the Borough
for no longer than 90 days.
c.
Dogs or Cats Brought into Jurisdiction.
1.
Any person who shall bring, or cause to be brought into the Borough
of Frenchtown, any dog or cat licensed in another state for the current
year, and bearing registration tag or sleeve, and shall keep the same
or permit the same to be kept within the Borough for a period of more
than 90 days, shall immediately apply for a license and registration
tag (or sleeve for each cat).
2.
Any person who shall bring or cause to be brought into the Borough
any unlicensed dog or 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.
d.
Application Contents, Preservation of Information. The application
shall state the breed, sex, age, color, and markings of the dog or
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 Borough Clerk or other local official designated to license
dogs or cats in the Borough.
e.
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 Borough of
Frenchtown.
f.
Evidence of Inoculation with Rabies Vaccine or Certification of Exemption; Requirement for License. The Borough Clerk or other official designated by the Borough Council to license dogs or cats therein shall not grant any such license and official registration tag (or sleeve for any cat), unless the owner thereof provides evidence that the dog or 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 5-1.7d. The rabies inoculation shall be administered by a duly licensed veterinarian, or by such other veterinarian permitted by law to do the same.
g.
Fees, Renewals, Expiration Date of License.
1.
License from another Municipality shall be accepted. 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 the
anniversary date in the following year.
2.
Only one license and registration tag or sleeve shall be required
in the licensing year for any dog or cat in the Borough. Any valid
New Jersey license tag or sleeve issued by a New Jersey Municipality
shall be accepted by this Municipality as evidence of compliance.
h.
Unauthorized Attachment or Removal of Registration Tag. No person,
except an officer in the performance of his duties, shall remove a
registration tag from the collar of any dog or cat without the consent
of the owner, nor shall any person attach a registration tag to a
dog or cat for which it was not issued.
i.
Proof of Licensing. Proof of licensing shall be produced by any person
owning, keeping, maintaining, or harboring a dog or 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 moneys collected
or received under the provisions of this section, shall be forwarded
to the Treasurer of the Municipality, and shall be placed in a special
account separate from any of the other accounts of the Municipality
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, providing 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 section. 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 subsection.
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 of Frenchtown 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.
[1982 Code § 44-7; Ord. No. 399; Ord. No. 418; Ord. No. 433; Ord. No.
633, § III]
a.
Licensing Fee for Dogs. The person applying for the license and registration
tag shall pay an annual fee in accordance with a fee schedule established
by resolution of the Borough Council for dogs of reproductive age;
these fees shall by resolution of the Borough Council be apportioned
among the Borough of Frenchtown for the Dog Damage Trust Account,
New Jersey Department of Health for rabies control pursuant to the
provisions contained in N.J.S.A. 4:19-15.1 et seq. and the New Jersey
Department of Health for the Pilot Spay Neutering Clinic pursuant
to the provisions of N.J.S.A. 4:19-15.5; and an additional fee be
established by resolution of the Borough Council for nonspayed or
nonneutered dogs to be sent to the New Jersey Department of Health
for Animal Population Control pursuant to the provisions of N.J.S.A.
4:19-15.5. For each annual renewal, the fee for the license and for
the registration tag shall be the same as for the original license,
and the license registration tags and renewals thereof shall expire
on the last day of January in each year. Any dog owner or person harboring
a dog or found to have an unlicensed dog by the Borough's Animal
Control Officer or any other official shall be required to pay after
February 1 an additional delinquent fee of $5 per month, plus the
required license fee as with any other fines due to a summons issued
that may be imposed on them as provided in this section for failure
to obtain a dog license before February 1.
b.
License Fee for Cats. The fee for licensing under this section shall
be such fee as is established from time to time by resolution of the
Frenchtown Borough Council. Any cat owner or person harboring a cat
or found to have an unlicensed cat by the Borough's Animal Control
Officer or any other official shall be required to pay after February
1 an additional delinquent fee of $5 per month, plus the required
license fee as with any other fines due to a summons issued that may
be imposed on them as provided in this section for failure to obtain
a cat license before February 1.
c.
Any dog or cat owner found to have an unlicensed dog or cat as of
March 31st will be issued a summons for failure to obtain a dog or
cat license as required by the Borough code.
[1982 Code § 44-8]
The aforementioned fee shall not apply to dogs which have been
acquired by the owner after February 1. The owner, however, must present
sufficient proof to establish that the dog was acquired after February
1. Dogs used as guides for blind persons and 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. The owner of any newly acquired
dog of licensing age shall make application for such license and registration
tag for such dog within 10 days after such acquisition or age attainment.
a.
Vaccination and License Requirements. No person shall own, keep,
harbor, or maintain any dog or cat over seven months of age within
the Borough, unless the dog or cat is vaccinated and licensed. The
provisions of this section do not apply to cats held in a cattery,
or dogs in a pet shop or shelter, or those held by a State or Federal
licensed research facility, or a veterinary establishment where dogs
and cats are received or kept for diagnostic, medical, surgical, or
other treatments, or licensed animal shelters, pounds, kennels, or
pet shops.
b.
Vaccination. All dogs and 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 dog or 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 condition,
or regimen of therapy, the inoculation of such dog or cat shall be
deemed inadvisable.
[1982 Code § 44-4]
No person shall keep within any residential zone of the Borough
any dog causing a nuisance and disturbing the peace and quiet of the
neighborhood in which it shall be kept.
[1982 Code § 44-9]
No owner of any dog shall suffer or permit such dog, whether
running at large or upon a leash, chain or lead, to be upon any private
property other than the premises of the owner without consent of the
owner or attendant of the private property. No dogs will be allowed
to run at large off the property of the owner of such dog.
[1982 Code § 44-3]
No person shall keep within the limits of the Borough any vicious
dog. Any vicious dog found within the limits of the Borough 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.
[1]
Editor's Note: The duties of the Animal Control Officer
are performed by the Hunterdon County S.P.C.A.
[1982 Code § 44-2]
The position of Animal Control Officer is hereby established
under the direct control and supervision of the Mayor and Borough
Council. The duties of the Animal Control Officer shall be enforcement
of the measures and provisions that control dogs contained in N.J.S.A.
4:19-1 et seq. and any amendments thereof and the provisions of this
chapter.
[1982 Code § 44-10]
a.
The Animal Control Officer of the Borough, 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 statutes of the State of New
Jersey, 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 Borough, 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.
[1982 Code § 44-11]
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 contrary to the provisions of subsection 5-1.7 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.
[1982 Code § 44-12]
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.
[1982 Code § 44-13; New]
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 5-3.4 or has been detained for seven days after seizure when no notice has been given, as set forth in subsection 5-3.4, 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 is 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 that dog, the Animal Control Officer may cause the dog to be destroyed in a manner causing as little pain as possible.
b.
Charges. The charges for detention of a dog shall be the fees as
charged by the County of Hunterdon.
[1982 Code § 44-14]
No person shall hurt, molest or interfere with anyone authorized
or empowered to perform any duty under this chapter.
[Ord. No. 473 § 45-4]
Except as otherwise provided in this chapter, any person who
violates, or who fails, or refuses to comply with this chapter, shall
be liable to a penalty of not more than $500 for each offense, to
be recovered by and in the name of the local Board of Health, or by
and in the name of the Borough of Frenchtown.
