[Adopted 4-19-1948 by Ord. No. 319 (Ch. 35, Art. I, of the 1966 Code)]
A. 
The words hereinafter defined shall have the meanings herein indicated for the purposes of this article as follows:
BOROUGH
The Borough of Montvale, in the County of Bergen and State of New Jersey.
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.
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, includes every person having a right of property in such dog and every person who has such dog in his keeping.
PERSON
An individual, firm, partnership, corporation or association of persons.
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 article or otherwise.
SHELTER
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 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.
[Amended 11-10-1964 by Ord. No. 479]
No person shall keep, harbor or maintain any dog which habitually barks or cries.[1]
[1]
Editor's Note: See also Ch. 442, Nuisances, § 442-1.
[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]
[1]
Editor's Note: Original § 35-23 of the 1966 Code, Vicious dogs, as amended 11-10-1964 by Ord. No. 479, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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.
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.