[1973 Code § 68-7; Ord. No. 10-12-88; Ord. No. 2016-26; Ord. No. 2018-46]
As used in this article:
DOG
Shall mean any male or female dog.
POTENTIALLY DANGEROUS DOG
Shall mean a dog or dog hybrid declared potentially dangerous by a municipal court pursuant to New Jersey Statutes, N.J.S.A. 4:19-23 which provides that:
a. 
The municipal court shall declare a dog to be potentially dangerous if it finds by clear and convincing evidence that the dog:
1. 
Caused bodily injury as defined in N.J.S. 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
2. 
Killed another domestic animal, and
(a) 
Poses a threat of serious bodily injury or death to a person; or
(b) 
Poses a threat of death to another domestic animal, or
3. 
Has been trained, tormented, badgered, baited or encouraged to engage in unprovoked attacks upon persons or domestic animals.
TETHERING
Shall mean the restraining of an animal by the tying to any object or structure, including, without limitation, a house, tree, fence, post, garage, weight or shed, by any means, including, without limitation, rope, cord, leash or running line. For purposes of this definition, tethering shall not include the use of a leash used to walk the animal, or forms of restraint used in transportation of an animal.
VICIOUS DOG
Shall mean a dog or dog hybrid declared to be vicious by a municipal court pursuant to New Jersey Statute N.J.S.A. 4:19-22 which provides that:
a. 
The municipal court shall declare the dog vicious if it finds by clear and convincing evidence that the dog:
1. 
Killed a person or caused serious bodily injury as defined in N.J.S. 2C:11-1(b) to a person or
2. 
Has engaged in dog fighting activities as described in R.S. 4:22-24 and R.S. 4:22-26.
b. 
A dog shall not be declared vicious for inflicting death or serious bodily injury as defined in N.J.S. 2C:11-1 (b) upon a person if the dog was provoked. The municipality 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 9 of P.L. 1989, c. 307 (C.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.
WOLF HYBRID
Shall mean any animal known as a wolf-dog hybrid, which is a cross between a domestic dog and a wolf or a descendant of a wolf-dog hybrid.
[1973 Code § 68-1; Ord. No. 4-14-76; Ord. No. 6-23-82; Ord. No. 9-14-83; Ord. No. 10-24-90; Ord. No. 6-12-91; Ord. No. 2002-O-83 § 2; Ord. No. 2003-(O)-3; Ord. No. 2007-(O)-40 § 1]
Any person in the Town of Kearny who owns, keeps or harbors any dog shall have the same registered and numbered with the Health Officer, and shall place upon the neck of each such dog, a collar having inscribed thereon upon a metal tag the name of the owner of any such dog or the registered number thereof. The person registering such dog shall pay to the Health Officer the sum of:
Year
2008
2009 and Subsequent Years
Unneutered or unspayed dog
$18
$21
Neutered or spayed dog
$15
$18
Fees shall include all charges due the State of New Jersey in accordance with PL 1983, C. 172. All licenses shall be for a term of one year from the 1st of January in each year and all fees shall be paid in advance. Failure to renewal any license on or before the 31st day of March of the licensing year shall result in the imposition of a $25 late charge in addition to the licensing fee. The fine for owning, keeping or maintaining an unlicensed dog shall be $35 for a first offense.
[1973 Code § 68-2]
It shall be the duty of the Town Clerk to provide a book for the purpose of registering the owner's name of every such dog and the number, numbering them in the order of the owner's application for the registration and giving to each person information of the registered number thereof.
[1973 Code § 68-3]
It shall be the duty of the owner of every dog within the Town of Kearny to keep the dog in a pen, enclosure or building except when on a leash accompanied by a responsible person, and it shall also be the duty of the owner of each dog, and of each person having a dog under his control, to prevent the dog from depositing any excretions or from committing any other nuisance, or from causing damage upon any public sidewalk, lawn, park or building; any private grounds, lawns, fences, shrubbery, buildings or structures not owned by the owner of the dog; or any private grounds, lawns, fences, shrubbery, buildings or structures owned by the owner of the dog which are used or occupied in whole or in part by the tenant or the owner.
[1973 Code § 68-3.1; Ord. No. 12-23-74]
a. 
No person owning or in charge of any dog shall cause or allow such dog to soil, defile, defecate on or commit any nuisance on any common thoroughfare, sidewalk, passageway, bypath, play area, park or any place where people congregate or walk, or upon any public property, without the permission of the owner of the property.
b. 
Any person owning or in charge of any dog which soils, defiles, defecates on or commits any nuisance on any common thoroughfare, sidewalk, passageway, bypath, play area, park or any place where people congregate or walk, or upon any public property whatsoever, or upon any private property, without the permission of the owner of the property, shall immediately remove all feces deposited by any such dog in a sanitary manner.
c. 
The feces removed from the aforementioned designated areas shall be disposed of by the person owning or in charge of any such dog in a sealed, nonabsorbent, leakproof container.
d. 
The provisions of paragraph c shall not apply to blind persons who may use dogs as guides.
[1973 Code § 68-3.2; Ord. No. 2-14-79]
Any person in the Town of Kearny in the County of Hudson who owns, keeps or harbors five or more dogs of licensing age shall comply with the Board of Health regulations, "Kennels, Pet Shops, Shelters and Pounds," or its successor ordinance providing for the sanitary maintenance and care of animals.
[1973 Code § 68-4]
It shall be the duty of Police Officers or others so employed by the Town to seize any dog found running at large or straying off the owner's premises. Any dog so seized will be detained for seven days, and after owner or person keeping or harboring the dog has claimed the dog and paid all expenses incurred by reason of its detention, including maintenance, not exceeding $0.50 per day and, if the dog be unlicensed at the time of the seizure and the owner or person keeping or harboring the dog has not produced license and registration tag for the dog, the Chief of Police or any person authorized by him may cause the dog to be destroyed in a manner causing as little pain as possible.
[1973 Code § 68-5]
No person shall suffer any dog owned, kept or harbored by him to attack or bite any person while upon any street or public place in the Town of Kearny or while such dog is trespassing upon the property of another.
[1973 Code § 68-6]
No person shall permit any dog owned, kept or harbored by him to disturb the comfort or sleep of the neighborhood by barking or howling.
[1]
Editor's Note: For additional regulations concerning noise, see Chapter 4, Section 4-12.
[1973 Code § 68-7A; Ord. No. 2018-46]
Owners of potentially dangerous dogs shall comply with all applicable New Jersey Statutes, including: N.J.S.A. 4:19-24 which reads as follows:
"If the municipal court declares the dog to be potentially dangerous it shall issue an order and a schedule for compliance which, in part:
a. 
Shall require the owner to comply with the following conditions:
1. 
To apply, at his own expense, to the municipal clerk or other official designated to license dogs pursuant to section 2 of P.L. 1941, c. 151 (C. 4:19-15.2), for a special municipal potentially dangerous dog license, municipal registration number, and red identification tag issued pursuant to section 14 of this act. 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;
2. 
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 a.3 of this subsection.
3. 
To immediately erect and maintain an enclosure for 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.
b. 
Shall 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." and N.J.S.A. 4:19-28 which reads as follows:
"The owner of a potentially dangerous dog shall:
1. 
Comply with the provisions of P.L. 1989, c. 307 (C. 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 or force, and the animal control officer if a potentially dangerous dog is at large, or has attacked a human begin or killed a domestic animal;
3. 
Notify the licensing authority, local police department or force, 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 department and the licensing authority, police department or force, 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 3 of P.L. 1941, c. 151 (C. 4:19-15.3), pay a potentially dangerous dog license fee to the municipality as provided by section 15 of P.L. 1989, c. 307 (C. 4:19-31)"
[1973 Code § 68-8; 2002-O-83 §§ 3, 4]
Each and every person violating this article shall, upon conviction thereof, forfeit and pay a fine of not more than $500 or be imprisoned in the County jail for not more than 90 days, or both.
The fee for the first offense of a dog running at large shall be $35. The fee for the first offense for permitting a dog to commit a nuisance shall be $50.
[Ord. No. 2006-(O)-12 § 2]
The purpose of this section is to amend and supplement requirements for the proper disposal of pet solid waste in the Town of Kearny, so as to protect public health, safety and welfare, and to prescribe penalties for failure to comply.
[Ord. No. 2006-(O)-12 § 2]
For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, 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 designed to convey domestic sewage for proper treatment and disposal.
[Ord. No. 2006-(O)-12 § 2]
All pet owners and keepers are required to immediately and properly dispose of their pet's solid waste deposited on any property, public or private, now owned or possessed by that person.
[Ord. No. 2006-(O)-12 § 2]
Any owner or keeper who requires the use of a disability assistance animal shall be exempt from the provisions of this section while such animal is being used for that purpose.
[Ord. No. 2006-(O)-12 § 2]
The provisions of this section shall be enforced by the Department of Public Works of the Town of Kearny and any other department hereinafter designated by the Town Administrator.
[Ord. No. 2006-(O)-12 § 2]
Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine not to exceed $500 for each violation committed hereunder. Each day's failure to comply with any section or subsection shall constitute a separate violation.
Where a person has been convicted of a violation of this section and within 12 months thereafter has been found guilty of a second violation of this section, the Judge of the Kearny Municipal Court may, if the Judge finds the second offense was willful, sentence the offender to imprisonment in the County jail for a period not to exceed 90 days in addition to or in lieu of the fine set forth above.
[Ord. No. 2006-(O)-12 § 3; Ord. No. 2017-42]
The purpose of this section is to prohibit the feeding of unconfined wildlife in any public park, on or in the space above any public street, sidewalk or right-of-way or on any other property owned or operated by the Town of Kearny, so as to protect public health, safety and welfare, and to prescribe penalties for failure to comply.
[Ord. No. 2006-(O)-12 § 3]
For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
FEED
Shall mean to give, place, expose, deposit, distribute or scatter any edible material with the intention of feeding, attracting or enticing wildlife. Feeding does not include baiting in the legal taking of fish and/or game.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
WILDLIFE
Shall mean all animals that are neither human nor domesticated.
[Ord. No. 2006-(O)-12 § 3; Ord. No. 2017-42]
No person shall feed, in any public park, on or in the space above any public street, sidewalk or right-of way or on any other property owned or operated by the Town of Kearny, any wildlife, excluding confined wildlife (for example, wildlife confined in zoos, parks or rehabilitation centers, or unconfined wildlife at environmental education centers, or feral cats as part of an approved Trap-Neuter-Release program).
[Ord. No. 2006-(O)-12 § 3]
a. 
This section shall be enforced by the Department of Public Works of the Town of Kearny and any other department hereinafter designated by the Town Administrator.
b. 
Any person found to be in violation of this section shall be ordered to cease the feeding immediately.
[Ord. No. 2006-(O)-12 § 3]
Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine not to exceed $500 for each violation committed hereunder. Each day's failure to comply with any section or subsection shall constitute a separate violation.
Where a person has been convicted of a violation of this section and within 12 months thereafter has been found guilty of a second violation of this section, the Judge of the Kearny Municipal Court may, if the Judge finds the second offense was willful, sentence the offender to imprisonment in the County jail for a period not to exceed 90 days in addition to or in lieu of the fine set forth above.
[Ord. No. 2016-26; Ord. No. 2018-46]
a. 
It shall be unlawful for any person to tether, fasten, tie, restrain or cause an unattended dog to be fastened, tied or restrained to houses, trees, fences, garages, stakes or other stationary or highly immobile objects by means of a rope, strap or other physical restraint for the purpose of confinement, except in circumstances where all of the following requirements are satisfied:
1. 
The tethering is for a total of no more than seven hours within a twenty-four-hour period, with a maximum of four hours at any one interval and a minimum one hour period between confinements.
2. 
The tether is attached to the dog by a non-choke type collar, swivels at both ends, and attached to the stationary object by anchors, latches, or similar devices in a manner which the dog is able to move freely and prevents the tether from becoming entangled around the dog or any object so as to limit the dog's freedom within the tethered area or to prevent the dog, or any of its appendages, from becoming entangled by the tether.
3. 
The tether shall be a type commonly used for the size of the dog involved.
4. 
The construction of the tether shall be of a lightweight, yet durable material, shall not exceed 20% of the animal's weight, and may not be thicker than 1/8 inch.
5. 
The tether must be a minimum of 15 linear feet in length, less than six feet above the ground, and shall remain tangle free.
6. 
The tethered dog has easy access to potable drinking water, edible food, dry ground, and adequate shade and/or shelter within the tethering area.
7. 
The tethering area shall be clean, clear of obstructions and/or debris, and no less than 150 square feet/per dog in total area.
8. 
The dog, whether used for hunting, farming, breeding, or is an otherwise working dog, is regularly monitored while tethered for the aforementioned period of time.
b. 
No dog shall be tethered by means of a choke-type, pinch-type, prong-type, or improperly fitting collar.
c. 
Chains shall be prohibited for use as a tethering device.
d. 
If there are multiple dogs, each dog shall be tethered separately and in such a manner that the tethers shall not become entangled with each other.
e. 
No dog shall be tethered within five feet of another person's property, public thoroughfare, and/or right-of-way.
f. 
No dog shall be tethered at a vacant structure or premises for any purpose when it is not monitored by a competent adult who is present at the property for the duration of such tethering.
g. 
Dogs that are not spayed or neutered shall not be tethered for any period of time.
h. 
No dog under the age of one or under 20 pounds shall be tethered.
i. 
No dogs shall be tethered between the hours of 10:00 p.m. and 6:00 a.m.
j. 
The provisions of subsection 9-6.1 shall not alter or modify the requirements of subsection 9-3.7 relating to Potentially Dangerous Dogs.
[Ord. No. 2016-26]
a. 
It shall be unlawful for any person to collar an animal with a choke-type collar, prong-type collar, pinch-type collar, or rope.
b. 
The collar must be at least as large as the circumference of the animal's neck plus one inch and cannot be constructed primarily of metal.
[Ord. No. 2016-26]
This section shall be enforced by the Police Department of the Town of Kearny, the Health Department of the Town of Kearny, the Department of Public Works of the Town of Kearny and any other department hereinafter designated by the Town Administrator.
[Ord. No. 2016-26]
Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine not to exceed $500 for each violation committed hereunder.