[HISTORY: Chapter 10 is derived from the 1983 Code, Chapter
92, Dogs and Other Animals, as amended and revised for the current
provisions of Chapter 10, Animals. 1983 Code§§ 92-1-92-46;
New]
[Editor's Note: See also the Board of Health Code
for public nuisances.]
[1983 Code § 92-1; New]
As used in this chapter:
An individual or group of individuals who, with or without
salary or compensation, house and care for homeless animals in the
home of an individual or in other facilities, with the intent of placing
the animals in responsible, more permanent homes as soon as possible.
The home or other facility in which an animal rescue organization
houses and cares for an animal.
A person 18 years of age or older who has satisfactorily
completed the course of study approved by the Commissioner of Health
and Senior Services and the Police Training Commission as prescribed
by paragraphs (1) through (3) of subsection a of section 3 of P.L.1983,
c. 525 (C.4:19-15.16a); or who has been employed in the State of New
Jersey in the capacity of, and with similar responsibilities to those
required of, a certified Animal Control Officer pursuant to the provisions
of P.L.1983, c. 525 for a period of three years before January 17,
1987.
Any dog, bitch or spayed bitch.
Any dog which has attained the age of seven months or which
possesses a set of permanent teeth.
Placement of a cat or dog with an individual or group that
is not an animal rescue organization for the purpose of temporarily
caring for the cat or dog, without the individual or group assuming
ownership and with the intent of the individual or group relinquishing
the cat or dog to a suitable owner when one is located.
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 shall include
every person having a right of property in that dog and every person
who has that dog in his keeping, and when applied to the proprietorship
of any other animal, including, but not limited to, a cat, shall include
every, person having a right of property in that animal and every
person who has that animal in his keeping.
Any place of business which is not part of a kennel, wherein
animals, including, but not limited to, dogs, cats, birds, fish, reptiles,
rabbits, hamsters or gerbils, are kept or displayed chiefly for the
purpose of sale to individuals for personal appreciation and companionship
rather than for business or research purposes.
An establishment for the confinement of dogs or other animals
seized either under the provisions of this act or otherwise.
Any establishment where dogs or other animals are received,
housed and distributed.
To render an animal incapable of reproducing by either spaying
or neutering.
[1983 Code § 92-2; New]
Any person who shall own, keep or harbor a dog of licensing
age shall annually, each January, apply for and procure from the Borough
Clerk a license and official metal 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.
[New]
The Borough Clerk shall not grant any such license and official
metal registration tag for any dog unless the owner thereof provides
evidence that the dog 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 Health, Education, and Welfare,
or has been certified exempt as provided by regulations of the State
Department of Health. Such vaccination shall be repeated at intervals
as provided by regulations of the State Department of Health, and
shall be administered by a duly licensed veterinarian or by such other
veterinarian permitted by law to do the same.
[1983 Code § 92-4; New]
A.
Fees; License Term.
1.
The following license fees shall apply to licensing and registration
tags:
B.
Said licenses and registration tags shall expire on the last day
January in each year. Only one license and registration tag shall
be required in any licensing year for any dog owned in New Jersey,
and such license and tag shall be accepted by all municipalities as
evidence of compliance with this section. License forms and uniform
official metal registration tags designed by the State Department
of Health shall be used by the Borough and shall be numbered serially
and shall bear the year of issuance and the name of the Borough.
[1983 Code § 92-4; New]
Dogs used as guides for blind persons and commonly known as
"seeing-eye" dogs, dogs used to assist handicapped persons and commonly
known as "service dogs," or dogs used to assist deaf persons and commonly
known as "hearing ear" 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.
[1983 Code § 92-5]
The owner of any newly-acquired dog of licensing age or of any
dog which attains licensing age, shall make application for license
and registration tag for such dog within 10 days after such acquisition
or age attainment.
[1983 Code § 92-6; New]
The application shall state the breed, sex, age, color and markings
of the dog for which license and registration are sought, whether
it is of a long-or short-haired variety, and whether it has been surgically
debarked or silenced; also the name, street and post-office address
of the owner and the person who shall keep or harbor such dog. The
information on the application and the registration number issued
for the dog shall be preserved for a period of three years by the
Clerk or other local official designated to license dogs in the municipality.
In addition, the Clerk or other local official shall forward to the
State Department of Health and Senior Services each month, on forms
furnished by the department an accurate account of registration numbers
issued or otherwise disposed of. Registration numbers shall be issued
in the order of the applications.
[1983 Code § 92-7]
Any person who shall bring or cause to be brought into the Borough of Pompton Lakes 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 unless such dog be licensed under Section 10-3.
[1983 Code § 92-7]
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 unless such dog be licensed under Section 10-3.
[1983 Code § 92-8; New]
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.
[1983 Code § 92-9; New]
A.
Any person who keeps or operates or proposes to establish a kennel,
a pet shop, a shelter or a pound shall apply to the Borough Clerk
for a license entitling him to keep or operate such establishment.
B.
The application shall describe the premises where the establishment
is located or is proposed to be located, the purpose or purposes for
which it is to be maintained, and shall be accompanied by the written
approval of the local municipal and health authorities showing compliance
with the local and State rules and regulations governing location
of and sanitation at such establishments.
C.
All licenses issued for a kennel, pet shop, shelter, or pound shall
state the purpose for which the establishment is maintained, and all
licenses shall expire on the last day of March of each year, and be
subject to revocation by the Mayor and Council on recommendation of
the State Department of Health or the Borough Board of Health 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 Board of Health.
D.
Any person holding a license shall not be required to secure individual
licenses for dogs owned by a licensee and kept at the establishments;
the licenses shall not be transferable to another owner or different
premises.
E.
The license for a pet shop shall be subject to review by the Borough,
upon recommendation by the State Department of Health or the Borough
Board of Health for failure by the pet shop to comply with the rules
and regulations of the State Department of Health or the Borough Board
of Health or if the pet shop meets the criteria for recommended suspension
or revocation provided under subsection c or d of section 5 of N.J.S.A.
56:8-96, after the owner of the pet shop has been afforded a hearing
pursuant to subsection e of section 5 of N.J.S.A. 56:8-96.
F.
The Borough, based on the criteria for the recommendation of the
Borough Health Department provided under subsections c and d of section
5 of N.J.S.A. 56:8-96, may suspend the license for 90 days or may
revoke the license if it is determined at the hearing that the pet
shop: (1) failed to maintain proper hygiene and exercise reasonable
care in safeguarding the health of animals in its custody or (2) sold
a substantial number of animals that the pet shop knew, or reasonably
should have known, to be unfit for purchase.
G.
The Borough may issue a license for a pet shop that permits the pet
shop to sell pet supplies for all types of animals, including cats
and dogs, and sell animals other than cats and dogs but restricts
the pet shop from selling cats or dogs, or both.
H.
Every pet shop licensed in the State shall submit annually and no
later than May 1 of each year records of the total number of cats
and dogs, respectively, sold by the pet shop each year to the Borough,
and the Borough shall provide this information to the Borough Health
Department.
[1983 Code § 92-10; New]
The annual license fee for a kennel providing accommodations
for 10 or less dogs shall be $10 and for more than 10 dogs $25. The
annual license fee for a pet shop shall be $10. No fee shall be charged
for a shelter or pound.
[1983 Code § 92-11; New]
No dog kept in a kennel, pet shop, shelter or pound shall be
permitted off such premises, except on leash or in a crate or other
safe control.
[1983 Code § 92-13]
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.
[1983 Code § 92-12; New]
License fees and other moneys collected or received under the
provisions of this chapter, except registration tag fees or as may
be otherwise specifically provided, shall be forwarded to the Treasurer
of the Borough 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 and shall 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
antirabic treatment under the direction of the Board of Health for
any person known or suspected to have been exposed to rabies, for
payment of damage to or losses of poultry and domestic animals, except
dogs and cats, caused by a dog or dogs and for administering the provisions
of this chapter. Any unexpended balance remaining in such special
account shall be retained therein 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 said 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 said special account during the last two fiscal years next
preceding.
The registration tag fee for each dog shall be forwarded within
30 days after collection by the Borough Clerk to the State Department
of Health.
[1983 Code § 92-14]
The Chief of Police or designee, shall, annually cause a canvass
to be made of all dogs owned, kept or harbored within the limits of
the Borough and shall report, on or before September 1 of the year
in which the census is taken, to the Borough Clerk and to the Borough
Board of Health, and to the State Department of Health the result
thereof, setting forth in separate columns the names and addresses
of persons owning, keeping or harboring unlicensed dogs, the number
of unlicensed dogs owned, kept or harbored by each of said persons,
together with a complete description of each of said unlicensed dogs.
[1983 Code § 92-15; New]
The Mayor and Council shall appoint a certified Animal Control Officer who shall be responsible for animal control within the jurisdiction of the Borough and who shall enforce and abide by the provisions of this chapter and N.J.S.A. 4:19-15.16. The Mayor and Council shall not appoint a certified Animal Control Officer, shall not contract for animal control services with any company that employs a certified Animal Control Officer, and shall revoke the appointment of a certified Animal Control Officer, who has been convicted of, or found civilly liable for, a violation of any provision of Chapter 22 of Title 4 of the Revised Statutes of the State of New Jersey or whose name is on the list or any revision thereto established and provided by the Commissioner of Health pursuant to subsection c of section 3 of N.J.S.A. 4:19-15.16a. The Mayor and Council shall, within 30 days after receipt thereof, review any such list or revision thereto received by the Borough and shall, within that thirty-day period, take action accordingly as required pursuant to this section.
The Mayor and Council authorize the certified Animal Control
Officer to investigate and sign complaints, arrest violators, and
otherwise act as an officer for detection, apprehension, and arrest
of offenders against the animal control, animal welfare and animal
cruelty laws of the State, and ordinances of the Borough, if the officer
has completed the training required pursuant to paragraph 4 of subsection
a of section 3 of N.J.S.A. 4:19-15.16a.
[1983 Code § 92-16; New]
A.
The certified Animal Control Officer appointed by the Borough shall
take into custody and impound any animal, to thereafter be euthanized
or offered for adoption, as provided in this section:
1.
Any dog off the premises of the owner or of the person charged with
the care of the dog, which is reasonably believed to be a stray dog;
2.
Any dog off the premises of the owner or the person charged with
the care of the dog without a current registration tag on its collar
or elsewhere;
3.
Any female dog in season off the premises of the owner or the person
charged with the care of the dog;
4.
Any dog or other animal which is suspected to be rabid; or
5.
Any dog or other animal off the premises of the owner or the person
charged with its care that is reported to, or observed by, a certified
Animal Control Officer to be ill, injured, or creating a threat to
public health, safety, or welfare, or otherwise interfering with the
enjoyment of property.
B.
If an animal taken into custody and impounded pursuant to subsection
a has a collar or harness with identification of the name and address
of any person, or has a registration tag, or has a microchip with
an identification number that can be traced to the owner or person
charged with the care of the animal, or the owner or the person charged
with the care of the animal is otherwise known, the certified Animal
Control Officer shall ascertain the name and address of the owner
or the person charged with the care of the animal, and serve to the
identified person as soon as practicable, a notice in writing that
the animal has been seized and will be liable to be offered for adoption
or euthanized if not claimed within seven days after the service of
the notice.
C.
A notice required pursuant to this section may be served: (1) 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 residence or
the address given on the collar, harness, or microchip identification;
or (2) by mailing the notice to that person at the person's usual
or last known place of residence, or to the address given on the collar,
harness or microchip identification.
D.
A shelter, pound, or kennel operating as a shelter or pound receiving
an animal from a certified Animal Control Officer pursuant to paragraph
A, or from any other individual, group, or organization, shall hold
the animal for at least seven days before offering it for adoption,
or euthanizing, relocating, or sterilizing the animal, except if:
E.
If a shelter, pound or kennel operating as a shelter or pound is
not required to hold an animal for at least seven days pursuant to
paragraph D1, the shelter, pound, or kennel operating as a shelter
or pound:
1.
Shall offer the animal for adoption for at least seven days before
euthanizing it; or
2.
May transfer the animal to an animal rescue organization facility
or a foster home prior to offering it for adoption if such a transfer
is determined to be in the best interest of the animal by the shelter,
pound, or kennel operating as a shelter or pound.
F.
Except as otherwise provided for under paragraph E of this section,
no shelter, pound, or kennel operating as a shelter or pound receiving
an animal from a certified Animal Control Officer may transfer the
animal to an animal rescue organization facility or a foster home
until the shelter, pound, or kennel operating as a shelter or pound
has held the animal for at least seven days.
G.
If the owner or the person charged with the care of the animal seeks
to claim it within seven days, or after the seven days have elapsed
but before the animal has been adopted or euthanized, the shelter,
pound, or kennel operating as a shelter or pound:
1.
Shall, in the case of a cat or dog, release it to the owner or person
charged with its care, provided the owner or person charged with the
care of the animal provides proof of ownership, which may include
a valid cat or dog license, registration, rabies inoculation certificate,
or documentation from the owner's veterinarian that the cat or
dog has received regular care from that veterinarian;
2.
May, in the case of a cat or dog, charge the cost of sterilizing
the cat or dog, if the owner requests such sterilizing when claiming
it; and
3.
May require the owner or person charged with the care of the animal
to pay all the animal's expenses while in the care of the shelter,
pound, or kennel operating as a shelter or pound, not to exceed $4
per day.
H.
If the animal remains unclaimed, is not claimed due to the failure
of the owner or other person to comply with the requirements of this
section, or is not adopted after seven days after the date on which
notice is served pursuant to paragraph C, or, if no notice can be
served, not less than seven days after the date on which the animal
was impounded, the impounded animal may be placed in a foster home,
transferred to another shelter, pound, kennel operating as a shelter
or pound, or animal rescue organization facility, or euthanized in
a manner causing as little pain as possible and consistent with State
statutes.
I.
At the time of adoption, the right of ownership in the animal shall
transfer to the new owner. No dog or other animal taken into custody,
impounded, sent or otherwise brought to a shelter, pound, or kennel
operating as a shelter or pound shall be sold or otherwise be made
available for the purpose of experimentation. Any person who sells
or otherwise makes available any such dog or other animal for the
purpose of experimentation shall be guilty of a crime of the fourth
degree.
J.
Any animal seized under this section suspected of being rabid shall
be immediately reported to the Borough Board of Health and to the
State Department of Health, and shall be quarantined, observed, and
otherwise handled and dealt with as appropriate for an animal suspected
of being rabid or as required by the State Department of Health for
the animals.
K.
When a certified Animal Control Officer takes into custody and impounds,
or causes to be taken into custody and impounded, an animal, the certified
Animal Control Officer may place the animal in the custody of, or
cause the animal to be placed in the custody of, only a licensed shelter,
pound, or kennel operating as a shelter or pound. The certified Animal
Control Officer may not place the animal in the custody of, or cause
the animal to be placed in the custody of, any animal rescue organization
facility, foster home, or other unlicensed facility. However, the
licensed shelter, pound, or kennel operating as a shelter or pound
may place the animal in an animal rescue organization facility, foster
home, or other unlicensed facility if necessary pursuant to paragraph
E or H above.
L.
Notwithstanding the provisions of this section and sections 3 and
4 of N.J.S.A. 4:19-15.30 and 4:19-15.31 to the contrary, no cat or
dog being transferred between shelters, pounds, or kennels operating
as shelters or pounds, or being transferred to an animal rescue organization
facility or placed in a foster home, shall be required to be sterilized
prior to that transfer.
[1983 Code § 92-17; New]
A.
A certified Animal Control Officer shall have the power and authority,
within the jurisdiction of the Borough employing, or contracting for,
the Animal Control Officer to:
1.
Enforce all laws or ordinances enacted for the protection of animals,
including, but not limited to, animal control, animal welfare and
animal cruelty laws of the State and ordinances of the Borough;
2.
Investigate and sign complaints concerning any violation of an animal
control, animal welfare or animal cruelty law of the State or ordinance
of the Borough; and
3.
Act, by virtue of the Officer's appointment or employment and
in addition to any other power and authority, as an officer for the
detection, apprehension and arrest of offenders against the animal
control, animal welfare and animal cruelty laws of the State and ordinances
of the Borough.
B.
Any officer or agent authorized or empowered to perform any duty
under this chapter 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.
C.
A certified Animal Control Officer who signs a complaint, issues
a summons, makes an arrest, or otherwise acts pursuant to his authority
pursuant to State law or the ordinances of the Borough, shall forward
within five business days a copy of that complaint, summons, or arrest
warrant or report to the New Jersey Society for the Prevention of
Cruelty to Animals and shall forward a report of any related court
action within 30 calendar days of final disposition.
[1983 Code § 92-18]
No person shall hinder, molest or interfere with anyone authorized
or empowered to perform any duty under this chapter.
[1983 Code § 92-19]
No person shall keep, harbor or maintain any dog which habitually
barks or cries between the hours of 9:00 p.m. and 8:00 a.m.
[1983 Code § 92-20; New]
No person owning, keeping or harboring any dog shall suffer
or permit it to run at large upon the public streets or in any public
park, except as may be otherwise set forth in the Borough Code, or
in any public building or in any other public place within the Borough.
[1983 Code § 92-21]
No person owning, keeping or harboring any dog shall suffer
or permit it to be upon the public streets or in any 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.
[1983 Code § 92-23]
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.
[1983 Code § 92-25; New]
Unless another penalty is expressly provided by New Jersey statute
or specifically set forth otherwise in this chapter, every person
convicted of a violation of a provision of this chapter or any supplement
thereto shall be liable to a penalty of $25.
[N.J.S.A. 4:19-18; New]
A certified Municipal Animal Control Officer or, in the absence
of such an officer, the chief law enforcement officer of the municipality
or his designee.
The Department of Health.
Any dog or dog hybrid.
Any cat, dog, or livestock other than poultry.
Any dog or dog hybrid declared potentially dangerous by a
Municipal Court pursuant to section 7 of N.J.S.A. 4:19-23.
Any dog or dog hybrid declared vicious by a Municipal Court
pursuant to section 6 of N.J.S.A. 4:19-22.
[New]
A.
An Animal Control Officer shall seize and impound a dog when the
Officer has reasonable cause to believe that the dog:
1.
Attacked a person and caused death or serious bodily injury as defined
in N.J.S.A. 2C:11-1(b) to that person;
2.
Caused bodily injury as defined in N.J.S.A. 2C:11-1(a) to a person
during an unprovoked attack and poses a serious threat of harm to
persons or domestic animals;
3.
Engaged in dog fighting activities as described in N.J.S.A. 4:22-24
and 4:22-26; or
4.
Has been trained, tormented, badgered, baited or encouraged to engage
in unprovoked attacks upon persons or domestic animals.
B.
The dog shall be impounded until the final disposition as to whether
the dog is vicious or potentially dangerous. Subject to the approval
of the Borough Health Officer, the dog may be impounded in a facility
or other structure agreeable to the owner.
C.
The owner shall be provided notice of seizure and hearing as follows:
1.
The Animal Control Officer shall notify the Municipal Court and the
Borough Health Officer immediately that he has seized and impounded
a dog pursuant to statute or local ordinance, or that he has reasonable
cause to believe that a dog has killed another domestic animal and
that a hearing is required. The Animal Control Officer shall through
a reasonable effort attempt to determine the identity of the owner
of any dog seized and impounded pursuant to this chapter and State
law. If its owner cannot be identified within seven days, the dog
may be humanely destroyed.
2.
The Animal Control Officer shall, within three working days of the
determination of the identity of the owner of a dog seized and impounded
pursuant to this chapter and State law, notify by certified mail,
return receipt requested, the owner concerning the seizure and impoundment,
and that, if the owner wishes, a hearing will be held to determine
whether the impounded dog is vicious or potentially dangerous. This
notice shall also require that the owner return within seven days,
by certified mail or hand delivery, a signed statement indicating
whether he wishes the hearing to be conducted or, if not, to relinquish
ownership of the dog, in which case the dog may be humanely destroyed.
If the owner cannot be notified by certified mail, return receipt
requested, or refuses to sign for the certified letter, or does not
reply to the certified letter with a signed statement within seven
days of receipt, the dog may be humanely destroyed.
[New]
Notwithstanding any provision N.J.S.A. 4:19-17 et seq. or this
chapter to the contrary, the Borough and the owner of the dog may
settle and dispose of the matter at any time in such manner and according
to such terms and conditions as may be mutually agreed upon. Notwithstanding
any provision of State law or this chapter to the contrary, neither
the Borough nor any of its employees shall have any liability by virtue
of having entered into any settlement agreement pursuant to this section,
or for any action or inaction related to the entry into such agreement,
for any injuries or damages caused thereafter by the dog. The Borough
may, as a condition of the settlement agreement, also require that
the owner of the dog hold the Borough harmless for any legal expenses
or fees the Borough may incur in defending against any cause of action
brought against the Borough notwithstanding the prohibition against
such causes of action set forth in this section.
[N.J.S.A. 4:19-22]
B.
A dog shall not be declared vicious for inflicting death or serious
bodily injury as defined in N.J.S.A. 2C:11-1(b) upon a person if the
dog was provoked. The Borough 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 N.J.S.A. 4:19-25 and this chapter,
the dog shall be destroyed in a humane and expeditious manner, except
that no dog may be destroyed during the pendency of an appeal.
[N.J.S.A. 4:19-23; New]
A.
The Municipal Court shall declare a dog to be potentially dangerous
if it finds by clear and convincing evidence that the dog:
B.
A dog shall not be declared potentially dangerous for:
1.
Causing bodily injury as defined in N.J.S.A. 2C:11-1(a) to a person
if the dog was provoked; or
2.
Severely injuring or killing a domestic animal if the domestic animal
was the aggressor.
|
For the purposes of paragraph (1) of this section, the Borough
shall bear the burden of proof to demonstrate that the dog was not
provoked.
|
[N.J.S.A. 4:19-24]
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 Borough Clerk for a special
municipal potentially dangerous dog license, municipal registration
number, and red identification tag issued pursuant this chapter. 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 3 below;
3.
To immediately erect and maintain an enclosure for the potentially
dangerous dog on the property where 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.
May 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.
[N.J.S.A. 4:19-25]
The owner of the dog, or the Borough Animal Control Officer,
may appeal any final decision, order, or judgment, including any conditions
attached thereto, of a Municipal Court by filing an appeal with the
Superior Court, Law Division, in accordance with the Rules Governing
The Courts of the State of New Jersey pertaining to appeals from courts
of limited jurisdiction. The Superior Court shall hear the appeal
by conducting a hearing de novo in the manner established by those
rules for appeals from courts of limited jurisdiction.
[N.J.S.A. 4:19-26]
A.
If a dog is declared vicious or potentially dangerous, and all appeals
pertaining thereto have been exhausted, the owner of the dog shall
be liable to the Borough for the costs and expenses of impounding
and destroying the dog. The Borough may establish by ordinance a schedule
of these costs and expenses. The owner shall incur the expense of
impounding the dog in a facility other than the municipal pound, regardless
of whether the dog is ultimately found to be vicious or potentially
dangerous.
B.
If the dog has bitten or exposed a person within 10 days previous
to the time of euthanasia, its head shall be transported to the New
Jersey State Department of Health laboratory for rabies testing.
[N.J.S.A. 4:19-27]
If the Municipal Court finds that the dog is not vicious or
potentially dangerous, the Municipal Court shall retain the right
to convene a hearing to determine whether the dog is vicious or potentially
dangerous for any subsequent actions of the dog.
[N.J.S.A. 4:19-28]
The owner of a potentially dangerous dog shall:
A.
Comply with the provisions of State law and this chapter in accordance
with a schedule established by the municipal court, but in no case
more than 60 days subsequent to the date of determination;
B.
Notify the Borough Clerk, Borough Police Department, and the Animal
Control Officer if a potentially dangerous dog is at large, or has
attacked a human being or killed a domestic animal;
C.
Notify the Borough Clerk, Borough Police Department, and the Animal
Control Officer within 24 hours of the death, sale or donation of
a potentially dangerous dog;
D.
Prior to selling or donating the dog, inform the prospective owner
within the Borough that the dog has been declared potentially dangerous.
[N.J.S.A. 4:19-29]
The owner of a potentially dangerous dog who is found by clear
and convincing evidence to have violated this chapter or applicable
State law, or any rule or regulation adopted pursuant to either, or
to have failed to comply with a Court's order shall be subject
to a fine of not more than $1,000 per day of the violation, and each
day's continuance of the violation shall constitute a separate
and distinct violation. The Municipal Court shall have jurisdiction
to enforce this section. An Animal Control Officer is authorized to
seize and impound any potentially dangerous dog whose owner fails
to comply with the provisions of N.J.S.A. 4:19-17 et seq. or this
chapter, or any rule or regulation adopted pursuant thereto, or a
Court's order. The Municipal Court may order that the dog so
seized and impounded be destroyed in an expeditious and humane manner.
[N.J.S.A. 4:19-30]
The Borough Clerk shall:
A.
Issue a potentially dangerous dog registration number and red identification
tag along with a municipal potentially dangerous dog license upon
a demonstration of sufficient evidence by the owner to the Animal
Control Officer that he has complied with the Court's orders.
The last three digits of each potentially dangerous dog registration
number issued by the Borough will be the three number code assigned
to Borough in the regulations promulgated pursuant to N.J.S.A. 4:19-33.
The Animal Control Officer shall verify, in writing, compliance to
the Borough Clerk;
B.
Publicize a telephone number for reporting violations of this section
or State regulations. This telephone number shall be forwarded to
the State Department of Health and any changes in this number shall
be reported immediately to the Department.
[N.J.S.A. 4:19-32]
The Animal Control Officer shall inspect the enclosure and the
owner's property at least monthly to determine continuing compliance
with the provisions of this chapter and any Court order.
[N.J.S.A. 4:19-35]
All fines and fees collected or received by the Borough pursuant
to the provisions of this section shall be deposited in a special
account and used by the Borough to administer and enforce the provisions
of this section and N.J.S.A. 4:19-17 et seq.
[1983 Code § 92-26]
A.
Vaccination and License Requirements. No person shall own, keep,
harbor or maintain any cat over seven months of age within the Borough
of Pompton Lakes 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 paragraph D below.
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 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.
[1983 Code § 92-27]
B.
Licenses, registration tags and renewals thereof shall expire on
the last day of January in each year.
C.
Any person keeping or having in his possession cats for breeding
purposes and the selling or exchange of such cats may obtain a kennel
license for the kenneling of cats of five or more in number and shall
pay for such kennel license the sum of $20.
D.
No license shall be granted for a period exceeding one year. All
licenses shall expire on the last day of January each year. No license
shall be transferable.
[1983 Code § 92-28]
A metal tag or tags marked with a number to correspond with
the number of the license shall be issued with the license and shall
be attached to a collar and shall at all times be worn by the cat
so licensed when at large, the tag to be procured from the Municipal
Clerk.
[1983 Code § 92-29]
The Municipal Clerk shall keep a record book showing the names
of owners, custodians or harborers of cats, the description of each
cat so owned or harbored, the date of the issuance of the license
and the amount of the fee therefor, which fees shall become the general
property of the Borough of Pompton Lakes.
[1983 Code § 92-30; New]
The Animal Control Officer shall enforce the provisions of this
section.
[1983 Code § 92-31; New]
A.
The Animal Control Officer 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 subsection:
1.
Any cat off the premises of the owner or of the person keeping or
harboring said cat which said official or his agent or agents have
reason to believe is a stray cat.
2.
Any cat off the premises of the owner or of the person keeping or
harboring said cat without a current registration tag on his collar.
3.
Any female cat in season off the premises of the owner or of the
person keeping or harboring said cat.
4.
Any cat suspected to be rabid; or
5.
Any cat off the premises of the owner or person charged with its
care that appears to be ill, injured or creating a threat to public
health, safety or welfare.
B.
If any cat 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 has a microchip with an identification number, or if the owner
or the person keeping or harboring said cat is known, the Animal Control
Officer shall forthwith serve on the person whose address is given
on the collar or on the owner or the person keeping or harboring said
cat, if known, a notice, in writing, stating that the cat 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.
C.
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, harness or microchip identification, 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.
D.
When any cat so seized has been detained for seven days after notice,
when notice can be given as above set forth, or has been detained
for seven days after seizure, when notice has not been and cannot
be given as above set forth, and if the owner or person keeping or
harboring said cat has not claimed said cat and paid all expenses
incurred by reason of its detention, including maintenance not exceeding
$4 per day, and if the cat is unlicensed at the time of the seizure
and the owner or person keeping or harboring said cat has not produced
a license and registration tag for said cat, the Animal Control Officer
may cause said cat to be placed in a foster home, transferred to another
shelter, pound or kennel or animal rescue organization facility or
euthanized in a humane manner causing as little pain as possible.
[1983 Code § 92-32; Ord. No. 11-20]
Any person who violates or refuses to comply with subsection 10-9.1 shall be subject to a fine of $50. For such violations, no Court appearance is required if said fine is paid to the Borough of Pompton Lakes within 15 days of the date notice of the violation is issued. Any person who violates or refuses to comply with subsection 10-9.2C, shall be subject to a fine not exceeding $1,000.
[1983 Code § 92-33]
No horses, cattle, sheep, swine, goats or other animals shall
be permitted or allowed to run at large in the Borough of Pompton
Lakes.
[1983 Code § 92-34; New]
Any animal or animals described in subsection 10-10.1, found running at large in the Borough shall be placed in the custody of the Animal Control Officer of the Borough and sold unless redeemed by the owner in the manner hereinafter provided.
[1983 Code § 92-35; New]
Every person impounding any animal or animals described in subsection 10-10.1 shall be entitled to receive a fee as provided by N.J.S.A. 4:21-1 et seq. for each animal hereinbefore specified and described so impounded by him, and such fees shall be paid by the Animal Control Officer to such person as provided for in subsection 10-10.5.
[1983 Code § 92-36; New]
If the owner or owners of such impounded horse or horses, cattle,
sheep, swine, goats and other animals redeem the same, such person
or persons so redeeming shall pay to the Animal Control Officer the
sum of $2.50 for letting in and $2.50 for letting out each animal
from the pound and, for feeding and keeping such animal or animals,
the further sum of $0.50 each for each day or part of a day it or
they may continue in said pound.
[1983 Code § 92-37]
If the owner or owners of said animal or animals hereinbefore mentioned shall not pay the charges for impounding and keeping said animal or animals within five days after the same shall be impounded, and take the same away, it shall be the duty of the Animal Control Officer to sell the same at public auction, giving at least five days' notice of such sale by posting notices in five or more public places in the Borough and mailing a copy of such notice of sale to the owner at his last post office address, if the same can be ascertained, at least three days before such sale, which said notices shall contain a brief description of the animal or animals to be sold and the time, place and hour of such sale. If the owner or owners shall not redeem the same at or before the expiration of the time specified in such notice, then the Animal Control Officer shall sell such animal or animals accordingly, at public auction, and from the moneys arising from such sale shall pay to the person impounding such animal or animals the fee prescribed in subsection 10-10.3, retaining all costs and charges as provided for in subsection 10-4.4, and he shall pay the surplus, after deducting said costs and charges, to the owner or owners of such animal or animals, provided that the owner or owners of such animal or animals shall appear and claim the said surplus within three months after such sale. If said owner or owners shall not appear and claim such surplus within three months, as aforesaid, the Animal Control Officer shall turn over said surplus to the Borough as provided in N.J.S.A. 4:21-7.
[1983 Code § 92-39; New]
The Animal Control Officer shall keep a record of all proceedings
had by him by virtue of his office and all moneys received and paid
out by him and file with the Borough Council an annual report of the
same.
[1983 Code § 92-40]
Any person having a right of property in any animal and every
person who has an animal in his keeping, which animal is rabid or
is suspected of being rabid, shall pay to the Borough of Pompton Lakes,
upon presentation of a statement therefor, the cost of preparation
and transportation of the animal.
[1983 Code § 92-41]
No person shall feed or place for feeding food for a domestic
animal outside of any building or inside any building which is not
completely enclosed and secure, unless the food is removed and placed
inside a completely secured building or enclosure within two hours
after the food is placed.
[1983 Code § 92-42]
A.
Purpose. The purpose of this subsection is to prohibit the feeding
of unconfined wildlife in any public park or on any other property
owned or operated by the Borough of Pompton Lakes, so as to protect
public health, safety and welfare, and to prescribe penalties for
failure to comply.
B.
FEED
WILDLIFE
Definitions. As used in this subsection:
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.
All animals that are neither human nor domesticated.
C.
Prohibited Conduct. No person shall feed, in any public park or on
any other property owned or operated by the Borough of Pompton Lakes,
any wildlife, excluding confined wildlife (for example wildlife confined
in zoos, parks or rehabilitation centers, or unconfined wildlife at
environmental education centers).
[1983 Code § 92-43]
Any person who shall violate any provisions of this subsection 10-12.1, shall be subject to a fine not exceeding $1,000 or imprisonment for a period not exceeding 90 days or by a period of community service not exceeding 90 days. In addition, the court may impose such fines and penalties as are permitted pursuant to N.J.S.A. 40:49-5.
[Ord. No. 2016-33; Ord. No. 2017-10]
Shall mean and include goats, horses, sheep, swine, cattle,
other domesticated hoofed animals, chickens, roosters, ducks, other
domesticated poultry and fowl and outdoor maintained rabbits.
[Ord. No. 2016-33; Ord. No. 2017-10]
No person or other entity shall possess, keep or maintain any
farm animal in the Borough of Pompton Lakes except under the provisions
of this section, or in such case where such activity shall constitute
a public nuisance.
[Ord. No. 2016-33; Ord. No. 2017-10]
A minimum of five acre(s) of land is required for each horse to be harbored. The location and size of any accessory structure to be used for the harboring of horses shall comply with the applicable provisions of Chapter 190, Zoning and Land Use Regulations, relating to accessory structures. Not less than 32 square feet of roof area is required for each horse to be harbored. No pen, stable or other place for the keeping of horses shall be located within 50 feet of any building used either as a dwelling or for business. Harboring shall be fenced or penned. All places where horses are kept shall be maintained in a clean and sanitary condition.
[Ord. No. 2016-33; Ord. No. 2017-10]
A minimum of five acre(s) is required to harbor other hoofed
domesticated farm animals. No more than one such animal shall be harbored
per acre. No pen, stable or other place for the keeping of other domesticated
hoofed animals shall be located within 50 feet of any building used
either as a dwelling or for business. Harboring shall be fenced or
penned. All places where other domesticated hoofed animals are kept
shall be maintained in a clean and sanitary condition.
[Ord. No. 2016-33; Ord. No. 2017-10]
A minimum lot size of 50 feet by 100 feet is required to harbor domesticated poultry and fowl. No more than 10 (of which only one may be male) such poultry and fowl shall be permitted to be harbored at any time. The location and size of any accessory structure to be used for the harboring of domesticated poultry or fowl shall comply with the applicable provisions of Chapter 190, Zoning and Land Use Regulations, relating to accessory structures. No pen, stable or other place for the keeping of chickens, ducks, other domesticated poultry and fowl shall be located within 50 feet of any building used either as a dwelling or for business. Harboring shall be fenced or penned. All places where chickens, ducks, and other domesticated poultry and fowl are kept shall be maintained in a clean and sanitary condition. Free range harboring is strictly prohibited.
[Ord. No. 2016-33; Ord. No. 2017-10]
No more than five rabbits shall be harbored on any lot less than one acre(s) and no more than 10 rabbits shall be harbored on lots greater than one acre(s). The location and size of any accessory structure to be used for the harboring of rabbits shall comply with the applicable provisions of Ch. 190, Zoning and Land Use Regulations, relating to accessory structures. No pen, stable or other place for the keeping of rabbits shall be located within 50 feet of any building used either as a dwelling or for business. Harboring shall be fenced or penned. All places where rabbits are kept shall be maintained in a clean and sanitary condition.
[Ord. No. 2016-33; Ord. No. 2017-10]
A.
No farm animals shall be possessed, kept or maintained on any lot
in subdivisions of five or more lots which received major subdivision
approval from the Borough.
B.
Other than as set forth herein, no other farm animal shall be possessed,
kept or maintained in the Borough.
C.
No farm animal shall be possessed, kept or maintained unless there
is compliance with the provisions of this section and they can be
contained on the property of the owner or agent of the owner.
D.
No farm animal shall be allowed to run at large within the Borough.
E.
Any existing use of possessing, keeping or maintaining farm animals
to the date of this section shall become and considered a preexisting
nonconforming use provided the owner register the use with the Zoning
Officer within the time provided by the Municipal Land Use Law.
