[Prior code § 9-1; amended by Ord. 99-19 § 6, 1999]
The following words and terms shall have the meanings herein indicated for the purposes of this chapter:
DOG
Any dog, bitch or spayed bitch.
DOG OF LICENSING AGE
Any dog which has attained the age of seven months or which possesses a set of permanent teeth.
KEEPER
Any person exercising control over a dog or permitting a dog to remain on premises under his or her control.
KENNEL
Any establishment wherein or whereon the business of boarding or selling dogs or breeding dogs for sale is carried on, except a pet shop.
OWNER
When applied to the proprietorship of a dog means and includes every person having a right of property in such dog and every person who has such dog in his or her keeping.
PET SHOP
Any room or group of rooms, cage or exhibition pen, not part of a kennel, wherein dogs for sale are kept or displayed.
POUND
An establishment for the confinement of dogs seized either under the provisions of this chapter or otherwise.
SHELTER
Any establishment where dogs are received, housed and distributed without charge.
[Prior code § 9-2.7 Ord. 84-5 §§ 3, 4, 5, and 6, 1984; amended by Ord. 88-21 § 14, 1988; Ord. No. 2009-10, § 1, 6-23-2009; Ord. No. 2012-10, §§ 1 — 3, 12-18-2012]
A. 
Licenses — When Required. Licenses shall be required for the following dogs of licensing age:
1. 
Any dog owned or kept within the Borough by a resident of the Borough on the first day of June of any calendar year;
2. 
Any dog acquired by any person during the course of any calendar year and kept within the Borough for more than 10 days after such acquisition;
3. 
Any dog attaining licensing age during the course of the calendar year;
4. 
Any unlicensed dog brought into the Borough by any person and kept within the Borough for more than 10 days;
5. 
Any dog licensed by another state brought into the Borough by any person and kept within the Borough for more than 90 days.
B. 
Application for License.
1. 
Each application for a license under this chapter shall contain the following information:
a. 
A general description of the dog sought to be licensed, including breed, sex, age, color and markings and whether such dog is of a long- or short-haired variety;
b. 
Name, street and post office address of the owner of, and the person who shall keep or harbor, such dog.
2. 
Registration numbers shall be issued in the order in which applications are received.
C. 
Application for License — When Made. Application for licenses for dogs which are required to be licensed by the provisions of Subsection (A)(1) of this section, shall be made during the month of January of each calendar year. In all other cases, the application for a license shall be made within 10 days of the date upon which the dog in question first became subject to the provisions of this section.
D. 
License Record. The information on each application under this chapter and the registration number issued to each licensed dog shall be preserved for a period of three years by the borough clerk. In addition, he or she shall forward similar information to the State Department of Health each month on forms furnished by the Department.
E. 
Expiration Date. Each dog license and registration tag shall expire on the last day of December of the calendar year in which it was issued.
F. 
Exceptions. The provisions of this section shall not apply to any dog licensed under Section 6.04.030 of this chapter. Dogs used as guides for blind persons and commonly known as "Seeing Eye dogs" shall be licensed in the same manner as other dogs, except that the owner or keeper shall not be required to pay any fee.
G. 
Fees. The following fees are hereby adopted and established for the licensing of dogs:
1. 
Per dog spayed and neutered:
Type
Fee
License fee
$5.80
NJ registration fee
$1
NJ pilot clinic fund
$0.20
Total
$7
2. 
Per dog unneutered and not spayed:
Type
Fee
License fee
$5.80
NJ registration fee
$1
NJ pilot clinic fund
$0.20
NJ pet population control
$3
Total
$10
[Prior code § 9-3; amended by Ord. 88-21 §§ 13, 15, 1988]
A. 
License Required. Any person who keeps or operates or proposes to establish a kennel, pet shop, shelter or pound shall apply to the Borough clerk for a license entitling him or her to keep or operate such establishment. Any person holding such license shall not be required to secure individual licenses for dogs owned by such licensee and kept at such establishments; such licenses shall not be transferable to another owner or different premises.
B. 
Application Information. The application shall contain the following information:
1. 
The name and permanent and local address of the applicant;
2. 
The street address where establishment is located or is proposed to be located, together with a general description of the premises;
3. 
The purposes for which it is to be maintained;
4. 
The maximum number of dogs to be accommodated by such establishment at any one time.
C. 
Approval of Health Officer. No license shall be issued until the proposed licensee submits a written statement from the health officer of the board of health that the establishment or proposed establishment complies with local and state rules governing the location of and sanitation at such establishment.
D. 
License Term. All licenses issued for a kennel, pet shop, shelter or pound shall state the purpose for which the establishment is maintained and all such licenses shall expire on the last day of January of each year.
E. 
Compliance with State Regulations.
1. 
All licenses issued for a kennel, pet shop, shelter or pound shall be subject to revocation by the Borough council on recommendation of the State Department of Health or the board of health of the Borough for failure to comply with the rules and regulations of the State Department of Health or the Borough board of health, after the owner has been afforded a hearing by either the State Department of Health or the Borough health board.
2. 
Any person holding a license to establish, keep or operate a kennel, pet shop, shelter or pound shall comply with all Borough ordinances and the rules and regulations promulgated by the State Department of Health governing the sanitary conduct and operation of kennels, pet shops, shelters and pounds, the preservation of sanitation therein and the prevention of the spread of rabies and other diseases of dogs within and from such establishments.
F. 
Report to State Health Department. The Borough clerk shall forward to the State Department of Health a list of all kennels, pet shops, shelters and pounds licensed within 30 days after the licenses therefor are issued, which list shall include the name and address of the licensee and the kind of license issued.
G. 
Control of Dogs Off Premises. No dog kept in a kennel, pet shop, shelter or pound shall be permitted off such premises, except on a leash or in a crate or other safe control.
[Prior code § 9-4; amended by Ord. 84-5 § 7, 1984]
License fees and other moneys collected or received under the provisions of this chapter, except registration tag fees, shall be forwarded to the Borough treasurer within 30 days after collection or receipt and shall be placed in a special account separate from any of the other accounts of the Borough to be used for the following purposes only: For collecting, keeping and disposing of dogs liable to seizure under this chapter; for local prevention and control of rabies; for providing anti-rabic treatment under the direction of the local board of health 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 chapter. Any unexpended 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 section. 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 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.
The registration tag fee of $1 for each dog shall be forwarded within 30 days after collection by the clerk to the State Department of Health.
[Prior code § 9-5]
The poundmaster of the Borough shall annually cause a canvass to be made of all dogs owned, kept or harbored within the limits of the Borough and shall report to the clerk, the board of health of the Borough and to the State Department of Health the results thereof, setting forth in separate columns the names and addresses of persons owning, keeping or harboring such dogs, the number of licensed dogs owned, kept or harbored by each person, together with the registration numbers of each dog, and the number of unlicensed dogs owned, kept or harbored by each person, together with a complete description of each unlicensed dog.
[Prior code § 9-7]
A. 
Causes for Impounding. The poundmaster of the Borough shall take into custody and impound, or cause to be taken into custody and impounded, any of the following dogs:
1. 
Any unlicensed dog running at large in violation of the provisions of this chapter;
2. 
Any dog off the premises of the owner of or the person keeping or harboring such dog which the poundmaster or his or her agent has reason to believe is a stray dog;
3. 
Any dog off the premises of the owner of or the person keeping or harboring such dog without a current registration tag on its collar;
4. 
Any female dog in season off the premises of the owner of or the person keeping or harboring such dog.
B. 
Access to Premises. Any officer or agent authorized or empowered to perform any duty under this chapter is authorized to go upon any premises to seize for impounding any dog or dogs which he or she may lawfully seize and impound when such officer is in immediate pursuit of such dog or dogs, except upon the premises of the owner of the dog if the owner is present and forbids the same.
C. 
Notice of Seizure.
1. 
If any dog so impounded or seized wears a registration tag, collar or harness having inscribed thereon or attached thereto the name and address of any person or the owner of, or the person keeping or harboring the dog is known, the poundmaster shall immediately serve on the person whose address is given on the collar, or on the person owning, keeping or harboring the dog, a 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.
2. 
A notice under this subsection may be served either by delivering it to the person on whom it is to be served, or by leaving it at the person's usual or last known place of abode, or at the address given on the collar, or by forwarding it by mail in a prepaid letter addressed to that person at his or her usual or last known place of abode, or to the address given on the collar.
D. 
Disposition of Unclaimed Dogs. The poundmaster of the Borough is authorized and empowered to cause the destruction of any unclaimed dog, in as humane a manner as possible, under any of the following contingencies:
1. 
When any dog so seized has not been claimed by the person owning, keeping or harboring such dog within seven days after notice or within seven days of the dog's detention when notice has not been or cannot be given, as set forth in the previous subsection;
2. 
If the person owning, keeping or harboring any dog so seized has not claimed the dog and has not paid all expenses incurred by reason of its detention, including maintenance, not to exceed $0.50 per day;
3. 
If the seized dog is unlicensed at the time of its seizure and the person owning, keeping or harboring such dog has not produced a license and registration tag as provided in this chapter.
[Prior code § 9-8; amended by Ord. 83-11 § 1, 1983; Ord. 91-22 § 1, 1991]
No person shall own, keep or harbor a dog in the Borough except in compliance with the provisions of this chapter and the following regulations:
A. 
Wearing of Registration Tag. All dogs which are required by the provisions of this chapter to be licensed shall wear a collar or harness with the registration tag for such dog securely fastened thereto.
B. 
Use of Registration Tags. No person, except an officer in the performance of his or her 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.
C. 
Interference with Official Duties. No person shall hinder, molest or interfere with anyone authorized or empowered to perform any duty under this chapter.
D. 
Disturbing the Peace. No person shall own, keep or harbor or maintain any dog which habitually barks or cries.
E. 
Running-at-Large. No person owning, keeping or harboring any dog shall suffer or permit it to run at large upon the public streets, in any public park, in any public building, or in any other public place within the Borough.
F. 
Leashing of Dogs. 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 such dog is accompanied by a person over the age of 12 years, and is securely confined and controlled by an adequate leash not more than six feet long.
G. 
Property Damage. No person owning, keeping or harboring any dog shall permit or suffer it to do any injury, or to do any damage to any lawn, shrubbery, flowers, grounds or property.
H. 
Removal of Dog Feces. No person owning, harboring, keeping, walking or in charge of any dog shall cause, suffer, permit or allow such dog to soil, defile, defecate on or commit any nuisance on any common thoroughfare, street, sidewalk, passageway, road, bypass, play area, park or any place where people congregate or walk, or upon any boardwalk, beaches or beach front in this Borough or upon any public property whatsoever, or upon any private property without the permission of the owner of the private property in the last instance. If any such person shall permit such dog to soil, defile, defecate on or commit any nuisance on the areas listed in this subsection, he or she shall immediately remove all feces and droppings deposited by such dog, which removal shall be in the sanitary manner by a shovel, container, disposal bag, etc., and the feces and droppings shall be removed by the person from the previously stated designated areas listed in this subsection, and disposed of by the person in a sanitary manner.
[Prior code § 9-9]
The Borough council shall have the power to appoint a poundmaster, whose duty it shall be to enforce the provisions of this chapter. The Borough council shall also have the power to appoint one or more persons, to be known as dogcatchers, who may impound unlicensed dogs running-at-large in violation of the provisions of this chapter.
[Prior code § 9-10; amended by Ord. No. 2015-06, § 1, 4-28-2015]
Any person who shall violate any provision of this chapter, upon conviction, shall forfeit and pay a fine of not less than $5 nor more than $100 for each and every offense, except that for the first offense of failure to secure a license, the penalty shall be not less than $1 and not more than $100.