[HISTORY: Adopted by the Mayor and Council of the Borough
of Montvale as indicated in article histories. Amendments noted where
applicable.]
[Adopted 4-19-1948 by Ord. No. 319 (Ch.
35, Art. I, of the 1966 Code)]
A.
BOROUGH
DOG
DOG OF LICENSING AGE
KENNEL
OWNER
PERSON
PET SHOP
POUND
SHELTER
The words hereinafter
defined shall have the meanings herein indicated for the purposes
of this article as follows:
The Borough of Montvale, in the County of Bergen and State
of New Jersey.
Any dog, bitch or spayed bitch.
Any dog which has attained the age of seven months or which
possesses a set of permanent teeth.
Any establishment wherein or whereon the business of boarding
or selling dogs or breeding dogs for sale is carried on, except a
pet shop.
When applied to the proprietorship of a dog, includes every
person having a right of property in such dog and every person who
has such dog in his keeping.
An individual, firm, partnership, corporation or association
of persons.
Any room or group of rooms, cage or exhibition pen, not part
of a kennel, wherein dogs for sale are kept or displayed.
An establishment for the confinement of dogs seized either
under the provisions of this article or otherwise.
Any establishment where dogs are received, housed and distributed
without charge.
B.
Word usage. The
masculine, feminine or the neuter gender shall be implied, whichever
is appropriate and conducive for the effectuating of this article.
"And" and "or" may be used interchangeably, and either of the two
shall be applicable, whichever is more conducive towards the effectuating
of this article.
No person shall keep or harbor any dog within
the Borough of Montvale in the County of Bergen without first obtaining
a license therefor, to be issued by the Clerk of the Borough upon
application by the owner and payment of the prescribed fee, and no
person shall keep or harbor any dog in said Borough except in compliance
with the provisions of this article.
[Amended 11-10-1964 by Ord. No. 479]
Any person who shall own, keep or harbor a dog
of licensing age shall, in the month of January 1964, and annually
thereafter, apply for and procure from the Clerk of the Borough a
license and official metal registration tag for each such dog so owned,
kept or harbored and shall place upon each such a dog a collar or
harness with the registration tag securely fastened thereto.
[Amended 11-10-1964 by Ord. No. 479; 8-14-1979 by Ord. No.
79-704; 5-14-1991 by Ord. No. 91-917; 11-10-1992 by Ord. No.
92-937; 10-25-2005 by Ord. No. 2005-1246; 7-29-2008 by Ord. No.
2008-1284[1]; 8-11-2009 by Ord. No. 2009-1307]
A.
The person applying
for the license and registration tag shall pay a license fee of $18
for all neutered/spayed dogs and $21 for all unspayed/unneutered dogs.
These license fees include the sum of $1.20 paid to the State of New
Jersey for all neutered/spayed dogs, and $4.20 paid to the State of
New Jersey for all unspayed/unneutered dogs. For each annual renewal,
the fee for said license and registration tag shall be the same as
the fee for the original license and registration tag, and renewals
thereof shall expire on the last day of January in each year. Persons
who fail to obtain a license and registration tag by the last day
of February of each year will be subject to a delinquent fee of $10.
B.
Dogs used as guides
for blind persons and commonly known as "Seeing Eye" dogs and service
animals 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
C.
There shall be
no charge for replacement tags.
D.
Notwithstanding anything in this article to the
contrary, for all persons 55 years of age and older, the license fee
for each dog, whether neutered/spayed or unneutered/unspayed, shall
be $10. Persons who fail to obtain a license and registration tag
by the last day of February of each year will be subject to a delinquent
fee of $5.
[1]
Editor's Note: This ordinance also provided
that it shall take effect 1-1-2009.
[Amended 11-10-1964 by Ord. No. 479]
The owner of any newly acquired dog of licensing
age or any dog which attains licensing age shall obtain a license
and registration tag for such dog within 10 days after such acquisition
or age attainment.
[Amended 11-10-1964 by Ord. No. 479]
The license shall state the breed, sex, age,
color and markings of the dog and whether it is of a long- or short-haired
variety; also the name, street and post-office address of the owner
and the person who shall keep or harbor such dog. The information
on said license and the registration number issued for the dog shall
be preserved for a period of three years by the Clerk of the Borough.
In addition he shall forward similar information to the State Department
of Health each month, on forms furnished by the said Department.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Any person who shall bring or cause to be brought
into the Borough of Montvale, in the County of Bergen, any dog licensed
in another state for the current year, and bearing a registration
tag, 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 for each such dog.
A.
Any person who
shall bring or cause to be brought into the Borough any unlicensed
dog and shall keep the same or permit the same to be kept within the
Borough for a period of more than 10 days, shall immediately apply
for a license and registration tag for each such dog.
No person, except an officer in the performance
of his 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.[1]
[1]
Editor's Note: The following original sections of the 1966 Code: § 35-9, Kennels, pet shops, shelters, etc., § 35-10, License fee for kennel, § 35-11, Control of shelter, pound and pet-shop dogs, § 35-12, Disposition of collected monies, and § 35-13, List of shelters, etc., forwarded to State Department of Health, which immediately followed this section, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The Borough Council shall also have power to
appoint one or more persons, to be known as "animal control officers,"
who may impound unlicensed dogs running at large in violation of the
provisions of this article.
The Chief of Police of the Borough, or any official,
police officer or other person designated by him, shall take into
custody and impound or cause to be taken into custody and impounded,
and thereafter destroyed or disposed of as provided in this section:
A.
Any dog off the
premises of the owner or of the person keeping or harboring said dog
which said official or his agent or agents have reason to believe
is a stray dog.
B.
Any dog off the
premises of the owner or of the person keeping or harboring said dog
without a current registration tag on his collar.
C.
Any female dog
in season off the premises of the owner or of the person keeping or
harboring said dog.
(1)
If any dog
so seized wears 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 the person keeping or harboring said dog is known,
the Chief of Police shall forthwith serve on the person whose address
is given on the collar or on the owner or the person keeping or harboring
said dog, if known, 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 section 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 post in a prepaid letter addressed to that
person at his usual or last-known place of abode, or to the address
given on the collar.
(3)
When any
dog so seized has been detained for seven days after notice, when
notice can be given as set forth above, or has been detained for seven
days after seizure, when notice has not been and cannot be given as
set forth above, and if the owner or person keeping or harboring said
dog has not claimed said dog, and paid all expenses incurred by reason
of its detention, including maintenance not exceeding $4 per day plus
a $60 recovery fee and an administrative fee of 6% of the total charge,
and if the dog be unlicensed at the time of the seizure and the owner
or person keeping or harboring said dog has not produced a license
and registration tag for said dog, the poundmaster may make such arrangements
for the adoption or other humane disposition of the dog as he deems
prudent.
[Amended 9-12-2000 by Ord. No. 2000-1145; at time of adoption of Code (see Ch. 1, General Provisions, Art.
II)]
Any officer or agent authorized or empowered
to perform any duty under this article is hereby authorized to go
upon any premises to seize for impounding any dog or dogs which he
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 said owner is present and forbids the same.
No person shall hinder, molest or interfere
with anyone authorized or empowered to perform any duty under this
article.
[Amended 11-10-1964 by Ord. No. 479]
No person shall keep, harbor or maintain any
dog which habitually barks or cries.[1]
[Amended 8-25-1998 by Ord. No. 98-1098]
No person owning, keeping or harboring any dog
shall suffer or permit it to run at large upon any public street,
park or any other public place or on private property located within
the Borough of Montvale, in the County of Bergen. A dog shall be deemed
to be running at large when off the premises of its owner or of the
person keeping or harboring such dog and not on a leash or the like
held by its owner or other person able to control such dog.
[Amended 10-12-1999 by Ord. No. 99-1133]
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 of Montvale 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.
No person owning, keeping or harboring a dog
shall permit or suffer it to do any injury, or to do any damage to
any lawn, shrubbery, flowers, grounds or property.[1]
Every section of this article, or subdivision
or separate part thereof, shall be considered a separate provision,
to the intent that if any portion shall be declared ineffectual, it
shall not affect the remaining parts of this article.
[Amended 2-27-2007 by Ord. No. 2007-1262]
All ordinances and parts of ordinances inconsistent
herewith are hereby repealed and this article shall take effect when
published and passed as required by law.
[Adopted 12-11-1990 by Ord. No. 90-911 (Ch. 22B of the 1966 Code)]
As used in this article, the following terms
shall have the meanings indicated:
Dog or cat.
Any person or agency designated or certified by the State
of New Jersey to enforce the provisions of this article.
Any member of the feline species; male, female or altered.
Any cat which has attained the age of seven months or which
possesses a set of permanent teeth.
Any room or group of rooms, cage or exhibition pen, not part
of a kennel, wherein cats for sale are kept or displayed.
The agency or department of the Borough of Montvale or any
designated representative thereof charged with administering the issuance
and/or revocation of permits and licenses under the provisions of
this article.
Rendered permanently incapable of reproduction as certified
by a licensed veterinarian.
When applied to the proprietorship of a cat, includes every
person having a right of property (or custody) in such cat and every
person who has such a cat in his/her keeping or who harbors or maintains
a cat or knowingly permits a cat to remain on or about any premises
occupied by that person.
Any individual, corporation, partnership, organization or
institution commonly recognized by law as a unit.
A.
No person shall
own, keep, harbor or maintain any cat over seven months of age within
the Borough of Montvale unless such cat is vaccinated and licensed.
The provisions of this section do not apply to cats held in a cattery
or those held by a state or federal licensed research facility or
a veterinary establishment where cats are received or kept for diagnostic,
medical, surgical or other treatments or licensed animal shelters,
pounds, kennels or pet shops.
B.
Vaccination. All 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 Subsection D.
C.
Vaccination certificate.
A certificate of vaccination, on a form recommended by the state,
shall be issued to the owner of each animal vaccinated.
D.
Exemptions. Any
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 cat shall be deemed inadvisable.
A.
Cats must have
license number displayed. Any person who shall own, keep or harbor
a cat of licensing age shall annually apply for and procure from the
Clerk of the municipality, or other official designated by the governing
body thereof to license cats in the municipality in which he/she resides,
a license and official registration tag with a license number or a
registration sleeve for each cat so owned, kept or harbored and shall
place upon such cat a collar or other device with the license number
securely fastened thereto or displayed thereon. Acceptable methods
of displaying the license number shall include, but are not limited
to, breakaway or elastic collars. License tags or sleeves are not
transferable.
B.
Time for applying
for license. The owner of any newly acquired cat of licensing age
or of any cat which attains licensing age shall make application for
a license tag or sleeve for such cat within 10 days after such acquisition
or age attainment. This requirement will not apply to a nonresident
keeping a cat within the Borough of Montvale for no longer than 90
days.
C.
Cats brought
into jurisdiction.
(1)
Any person
who shall bring or cause to be brought into the Borough of Montvale
any cat licensed in another state for the current year and bearing
a registration tag or sleeve and shall keep the same or permit the
same to be kept within the Borough of Montvale for a period of more
than 90 days shall immediately apply for a license and registration
tag or sleeve for each such cat.
(2)
Any person
who shall bring or cause to be brought into the Borough of Montvale
any unlicensed cat and shall keep the same or permit the same to be
kept within the Borough of Montvale 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
and preservation of information. The application shall state the breed,
sex, age, color and markings of the cat for which license and registration
are sought and whether it is of a long- or shorthaired variety and
also the name, street and post office address of the owner and the
person who shall keep or harbor such a cat. The information on said
application and the registration number issued for the cat shall be
preserved for a period of three years by the Clerk or other local
official designated to license cats in the municipality.
E.
License forms
and tags. License forms and official tags or sleeves shall be furnished
by the municipality and shall be numbered serially and shall bear
the year of issuance and the name of the municipality.
F.
Evidence of inoculation with rabies vaccine or certification of exemption; requirement for license. No Municipal Clerk or other official designated by the governing body of any municipality to license cats therein shall grant any such license and official registration tag or sleeve for any cat unless the owner thereof provides evidence that the 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 § 181-21 herein. The rabies inoculation shall be administered by a duly licensed veterinarian or by such other veterinarian permitted by law to do the same.
[Amended 11-10-1992 by Ord. No. 92-938; 10-25-2005 by Ord. No. 2005-1246; 7-29-2008 by Ord. No. 2008-1285[1]]
A.
A license shall
be issued after payment of a fee of $21 for each unneutered cat and
$18 for each neutered cat. Persons who fail to obtain a license as
required within the time period specified in this article will be
subject to a delinquent fee of $10.
B.
There shall be
no charge for replacement tags.
C.
Notwithstanding anything in this article to the
contrary, for all persons 55 years of age and older, the license fee
for each cat, whether neutered/spayed or unneutered/unspayed, shall
be $10.
[Added 8-11-2009 by Ord. No. 2009-1307]
[1]
Editor's Note: This ordinance also provided
that it shall take effect 1-1-2009.
A.
A 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 a license and registration
tag or sleeve shall be the same as for the original, and said fee
shall be for one year or any fraction thereof, commencing January
1, 1991. The licenses, registration tags and renewals thereof shall
expire on the last day of December in each year. If the licenses,
registration tags and renewals thereof are not obtained by the last
day of February in each year, a delinquent fee shall be charged as
hereinbefore stated.
B.
Only one license
and registration tag or sleeve shall be required in the licensing
year for any cat in the Borough of Montvale. Any valid New Jersey
license tag or sleeve issued by a New Jersey municipality shall be
accepted by this municipality as evidence of compliance.
