Editor's Note: Prior ordinance history: Ordinances 6/20/55,
12/18/72, 11/18/74, 3/20/78, 8/7/78, 2/5/79, 11/19/79, 2/4/80, 86-5,
19-91, 04-92, 013-94, 97-03, 97-09, 97-11.
[Ord. No. 2012-07; Ord. No. 2015-01 §§ 1, 2]
As used in this article, the following terms shall have the
meanings indicated:
Shall mean 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.
Shall mean any member of the domestic feline species, male,
female, or altered.
Shall mean any dog, bitch or spayed bitch or dog hybrid.
Shall mean any dog which has attained the age of seven months
or which possesses a set of permanent teeth, whichever is earlier.
Shall mean any cat, dog, livestock other than poultry, or
any mammal within the borders of the Borough of Sussex which is owned,
kept or harbored by a resident of the Borough of Sussex as a pet or
for nonagricultural purposes.
Shall mean the act of providing space or making available
food or shelter in such a manner which attracts a cat or cats to one's
premises.
Shall mean any establishment wherein or whereon the business
of boarding or selling dogs or breeding dogs for sale is carried on,
except a pet shop, and shall include any establishment wherein there
is carried on the business or practice of boarding, grooming, selling
or breeding dogs or where dogs are kept or maintained for any commercial
purpose whatever, except pet shops as herein mentioned, or where five
or more dogs of licensing age are kept or maintained for any reason
in any one place or establishment.
Shall mean, when applied to the proprietorship of a domestic
animal, and include every person having a right of property in such
domestic animal and every person who has such domestic animal in his
keeping.
Shall mean any room or group of rooms, cage or exhibition
pen, not part of a kennel, wherein domestic animals for sale are kept
on display.
Shall mean any dog or dog hybrid declared potentially dangerous by the panel pursuant to section 5-20 of this Article.
Shall mean any establishment for the confinement of domestic
animals seized under the provisions of this Article or otherwise.
Shall mean any establishment where domestic animals are received,
housed and distributed without charge.
Shall mean any dog or dog hybrid declared vicious by the panel pursuant to section 5-20 of this Article.
[Ord. 2012-07]
Any person owning, harboring or keeping a domestic animal in
the Borough of Sussex shall be required to maintain evidence that
the animal has been inoculated with a rabies vaccine of a type as
set forth in N.J.S.A. 4:19-15.2a, or has been certified exempt as
provided by regulations of the State Department of Health. Such evidence
of inoculation also must indicate that the validity date for said
inoculation has not expired. Proof of evidence for rabies inoculation
shall be presented upon demand to the animal control officer or any
duly authorized officer acting on behalf of the animal control officer.
[Ord. No. 2012-07; Ord. No. 2015-01 § 3]
a.
No
person shall own, keep, feed or harbor any dog within the Borough
without obtaining a license therefor, to be issued by the borough
clerk or animal control officer upon application by the owner and
payment of the prescribed fee; and no person shall keep, feed, or
harbor any dog except in accordance with the provisions of this Article.
b.
The
owner of any dog may, if the license tag is mislaid, stolen or lost,
procure a replacement tag upon the payment of the prescribed fee.
The owner must provide adequate proof that the dog is currently licensed
for the year in which the replacement tag is desired.
[Ord. No. 2012-07; Ord. No. 2015-01 § 4]
Any person who shall own, keep, or harbor a dog of licensing
age shall in the month of January of each year, and annually thereafter,
apply for and procure from the borough clerk or animal control officer
a license and official metal registration tag for each such dog so
owned, kept or harbored, and shall place upon each dog a collar or
harness with a registration tag securely fastened thereto.
[Ord. No. 2012-07; Ord. No. 2015-01 § 5]
a.
The
person applying for the license and registration tag shall pay a fee
as established herein for the licensing of each dog. The licenses,
registration tags and renewals thereof shall expire on the last day
of January of each year.
b.
The
fees for licensing and registration of dogs, issuance of a replacement
tag and the licensing and registration of vicious dogs is that fee
set forth in this chapter.
[Ord. 2012-07]
Dogs used as guides for persons who are blind, commonly known
as "seeing eye dogs," dogs used to assist persons with a handicap,
commonly known as "service dogs" or dogs used to assist persons who
are deaf, commonly known as "hearing ear dogs," shall be licensed
and registered the same as other dogs herein provided for, except
that the owner or keeper of such dog shall not be required to pay
any fee therefor.
[Ord. No. 2012-07; Ord. No. 2015-01 § 6]
Any dog owner or person harboring a dog, found to have an unlicensed
dog by the animal control officer, or any other municipal official
after January 31 of any year, shall be required to pay a delinquent
fee, as provided for herein, plus the required license and registration
tag fees as provided in this Article, in addition to any fine which
may be imposed in municipal court for failure to obtain a dog license.
The borough clerk shall levy a per-calendar-month late fee for any
license issued after January 31 of the calendar year for which the
license is required, in accordance with the fee schedule established
in this chapter.
[Ord. No. 2012-07; Ord. No. 2015-01 § 7]
Only one license and registration tag shall be required in any
licensing year for any dog owned in New Jersey. A license and tag
issued by another municipality of this state shall be accepted by
the Borough as evidence of compliance with this Article, and no fee
shall be charged for issuance of a Sussex Borough license and registration
tag.
[Ord. No. 2012-07; Ord. No. 2015-01 § 8]
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 ten days after such acquisition or age attainment. The fee shall be the same as required in section 5-5. Failure to obtain a license as provided herein shall result in a delinquent fee being imposed as set forth in section 5-7. The owner shall be required to show sufficient proof to establish that the dog was acquired after February 1 and that application has been submitted within the ten-day requirement.
[Ord. No. 2012-07; Ord. No. 2015-01 §§ 9, 10]
a.
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-haired or short-haired variety; and the name, street
and post office address of the owner and the person who shall own,
keep or harbor such dog.
b.
There shall be provided with the application evidence that the dog
to be licensed and registered has been inoculated with a rabies vaccine
of a type required by N.J.S.A. 4:19-15.2a or has been certified exempt
as provided by regulations of the State Department of Health. No license
or registration tag shall be issued without proof of inoculation as
required hereunder.
c.
The information on the application and the registration number issued
for the dog shall be preserved for a period of three years by the
borough clerk. Registration numbers shall be issued in the order of
the application.
d.
The borough clerk shall forward to the State Department of Health
each month an accurate account of registration numbers issued or otherwise
disposed of, as required.
[Ord. No. 2012-07; Ord. No. 2015-01 § 11]
a.
Any person who shall bring or cause to be brought into the Borough
any dog licensed in another state for the current year, and bearing
a registration tag, and who 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.
b.
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 ten days shall immediately
apply for a license and registration tag for each such dog.
[Ord. No. 2012-07; Ord. No. 2015-01 § 12]
a.
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.
b.
No licensed dog shall be allowed off the premises of the person harboring
or keeping the dog without the metal registration tag attached to
its harness or collar.
[Ord. No. 2012-07; Ord. No. 2015-01 § 13]
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 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 board of health and the land use board, showing compliance
with the local and state rules and regulations governing location
of and sanitation at such establishments.
c.
All licenses for a kennel, pet shop, shelter or pound shall state
the purpose for which the establishment is maintained. Such license
shall expire on the last day of January of each year and shall be
subject to revocation by the Borough on recommendation of the State
Department of Health or the local board of health for failure to comply
with the rules and regulations of the State Department of Health or
the local board of health governing the same, after the owner has
been afforded a hearing by either the State Department of Health or
the local board of health in accordance with the statutes providing
for such hearings.
d.
Any such person holding such license shall not be required to secure
individual licenses for dogs owned by him and kept at such establishments.
Such license shall not be transferable to another owner or different
premises.
e.
One female dog for breeding purposes may be kept by not more than
one person for each family household without obtaining a kennel license
for not more than one litter per year, and further provided that the
pups from such breeding shall be sold or disposed of after seven months
of age, unless kept as licensed dogs, and that the female dog kept
for breeding purposes must be registered as a breed bitch each year
when the license for the dog is obtained.
f.
The fees for kennels and pet shops shall be paid at the time of the
application. The fee for said license(s) shall be charged in accordance
with the fee schedule established in this chapter.
g.
No domestic animal 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 and humane control device.
h.
Disposition of Fees. Any license fee(s) and other moneys collected
or received under this section after payment to the state of its statutory
fees shall be forwarded to the Chief Financial Officer 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 such funds shall be used, expended or transferred only in accordance
with statutes of the State of New Jersey governing and regulating
the use, expenditure or transfer of such funds.
i.
List of Licensed Kennels, Pet Shops, Shelters and Pounds. The borough
clerk shall forward to the State Department of Health a list of all
kennels, pet shops, shelters and pounds licensed, as required.
[Ord. 2012-07]
The animal control officer shall annually cause a canvas to
be made of all dogs owned, kept or harbored within the limits of the
Borough and as required to the local 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.
[Ord. 2012-07]
The mayor and council shall appoint a certified animal control
officer or contract for such services with another municipality, as
required by N.J.S.A. 4:19-15.1, as the same may be amended from time
to time, whose duties shall be those provided for by state statute
and this chapter. The certified animal control officer shall have
all powers provided for by law, including but not limited to powers
to investigate and sign complaints, arrest violators or otherwise
act as an officer for detection, apprehension and arrest of offenders
against the animal control, animal welfare or any animal cruelty laws
of the state and ordinances in the Borough, provided that the officer
has completed the training required by law.
[Ord. No. 2012-07; Ord. No. 2015-01 § 14]
a.
Impounding of Domestic Animals.
1.
The animal control officer or other persons designated by the mayor
and council shall take into custody and impound or cause to be taken
into custody and impounded, and thereafter destroyed or offered for
adoption as hereinafter provided in this section:
(a)
Any dog off the premises of the owner or of the person keeping or
harboring said dog which the official or his agent have reason to
believe is a stray animal.
(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 the person
keeping or harboring said dog.
(d)
Any domestic animal kept in a kennel, pet shop, shelter or pound and off such establishment and not confined or controlled as prescribed by section 5-13; said domestic animal shall be deemed to be a stray.
(e)
Any domestic animal or other animal that is inspected to be rabid.
(g)
Any dog or cat, if the owner or persons keeping or harboring said
dog or cat renounces ownership, custody and control in writing.
(h)
Any dog or other animal off the premises of the owner 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.
(i)
Any domestic animal, if the owner or person keeping or harboring
said animal is no longer in a position to provide care for said domestic
animal due to death, disability, homelessness or incarceration.
2.
If any domestic animal 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 the domestic animal is known, an animal control officer
or anyone authorized by the mayor and council shall forthwith serve
on the person whose address is given on the collar, or on the owner
or the person keeping or harboring the domestic animal, if known,
a notice in writing stating that the domestic animal has been seized
and will be liable to be offered for adoption or destroyed if not
claimed within seven days after the service of the notice.
3.
A notice under paragraph a2 of 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 mail 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.
4.
A domestic animal which shall bite any person and/or be suspected
to be rabid shall be examined by a veterinarian within 24 hours after
impoundment for the purpose of determining if such domestic animal
is affected by any disease and shall thereafter be quarantined for
such a period of time that the veterinarian shall determine as appropriate
under the circumstances. The owner shall be required to pay for all
testing and quarantine expenses. In lieu of impounding the domestic
animal, the animal control officer may notify the owner to have the
animal examined by a veterinarian within 24 hours after such notification
and upon testing may order the owner to quarantine said domestic animal
in accordance with the instructions of the veterinarian. Failure of
the owner to comply with the order of the animal control officer and/or
quarantine instructions of the veterinarian, if any, shall result
in a minimum fine of $150 plus additional fines for violation of this
Article, as may hereinafter be set forth.
5.
When any domestic animal so seized has been detained for seven days
after notice, when notice can be given as above set forth in this
section, or has been detained for seven days after seizure, when notice
has not been and cannot be given as above set forth in this section,
and if the owner or person keeping or harboring the dog has not claimed
the dog and paid all expenses incurred by reason of its detention,
and if the dog is unlicensed at the time of the seizure and the owner
or person keeping or harboring the dog has not produced a license
and registration tag for the dog, the animal control officer may cause
the dog to be destroyed in a manner causing as little pain as possible
or offered for adoption.
b.
Impounding and Disposal Fees. There shall be charged to the owner of each domestic animal which is impounded pursuant to section 5-16 all fees incurred by the Borough in the picking up and detention including the per-day maintenance fee for each day or part thereof that the domestic animal has been impounded, which fees shall be paid before the animal shall be released.
c.
Seizure of Domestic Animals; Entry Upon Premises. Any officer or
agent authorized to perform any duty under this Article is hereby
authorized to go upon any premises to seize for impounding any domestic
animal(s) which he may lawfully seize and impound when such officer
is in immediate pursuit of such animal(s), except upon the premises
of the owner of the animal(s) if the said owner is present and forbids
the same.
d.
Interference Forbidden. No person shall hinder, molest or interfere
with anyone authorized or empowered to perform any duty under this
section. The mandatory minimum penalty for violation of this section
shall be $100 with a maximum penalty up to $1,000.
[Ord. 2012-07]
No person shall allow any domestic animal in his keeping, custody,
control or ownership to bark, howl or cry continuously for any period
longer than 15 minutes between the hours of 10:00 p.m. and 7:00 a.m.
or otherwise repeatedly at intervals of more than 15 minutes at any
time of the day or night, in such volume or manner as to disturb the
comfort, peace and repose of persons in the vicinity.
[Ord. 2012-07]
a.
No person owning, keeping or harboring any domestic animal shall
suffer or permit such animal to run at large in, upon, or through
any public, quasi-public or private street, public park or recreation
area, public building or any other public place or place to which
the public is invited, and no person owning, keeping or harboring
any domestic animal shall suffer or permit such animal to run at large
in, upon or through any private property without the authority of
the owners of said private property.
b.
When a domestic animal has been impounded for running at large, the
animal control officer may file a complaint of this violation in the
municipal court.
[Ord. 2012-07]
No person owning, keeping or harboring any dog shall suffer
or permit it to be upon the public or private streets or in any public
place of the Borough unless such dog is accompanied by a person and
is securely confined and controlled by an adequate leash not more
than six feet long.
[Ord. 2012-07]
Except as modified by this section, the provisions, practices
and procedures for addressing vicious or potentially dangerous dogs
shall be as provided for by New Jersey state statute, including but
not limited to N.J.S.A. 4:19-17 et seq.
a.
POTENTIALLY DANGEROUS DOG
VICIOUS DOG
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Shall mean any dog or dog hybrid declared potentially dangerous
by a municipal court.
Shall mean any dog or dog hybrid declared vicious by a municipal
court.
b.
Agreement Between Borough and Dog Owner Pursuant to N.J.S.A. 4:19-21.1.
In the event that the Borough enters into an agreement pursuant to
N.J.S.A. 4:19-21.1, such agreement shall include as a condition the
requirement that the owner indemnify, defend and hold harmless the
Borough from any claim or lawsuit. In addition, the owner shall reimburse
the Borough for any and all legal expenses or fees it may incur related
to the vicious or potentially dangerous dog, including but not limited
to prosecuting such matters before the municipal court.
c.
License Fee for Potentially Dangerous Dogs. The fee for potentially
dangerous dogs shall be as provided for in this chapter.
[Ord. 2012-07]
a.
A domestic animal shall be considered a public nuisance and shall be subject to impound pursuant to section 5-16 for the following reasons:
1.
The animal damages property (that is not the property of the owner),
including land devoted to commercial agriculture production, lawns
or structures, or deposits fecal matter on the property of the public
or others that the owner fails to remove promptly.
2.
The animal, without provocation, chases, molests or approaches pedestrians
or bicyclists in a threatening manner upon the streets, sidewalks,
right-of-way, or any public property, or habitually chases automobiles
on the public streets or highways.
3.
The animal is kept under unsanitary and/or inhumane conditions such
that the maintenance or keeping of any animal creates odors to the
annoyance of the public in the vicinity.
4.
The animal kills or attacks another domestic animal or animals associated
with a commercial farm operation without provocation while off the
owner's property.
5.
The owning, keeping or harboring of any animal which shall, by any
noise, unreasonably and/or excessively disturb the peace and quiet
of any person in the vicinity. The phrase "unreasonably and/or excessively
disturb the peace and quiet" shall include, but is not limited to,
the creation of any noise which can be heard by any person, including
an animal control officer or law enforcement officer, from a location
off the animal owner's property where the animal is being kept, and
which noise occurs repeatedly over at least a 15-minute period of
time with one minute or less lapse of time between each animal noise
during the 15-minute period. This provision shall not apply to animals
that are responding to trespassers or to animals that are teased or
similarly provoked to bark.
b.
Any person may, by telephone, notify the borough clerk, animal control
officer, borough administrator, or law enforcement officer of an alleged
violation of this section. A telephone call does not, however, constitute
a formal complaint to initiate the citation process. All formal complaints
shall be submitted in writing to the attention of the animal control
officer and shall describe the animal, state the acts committed by
the animal, the name and address of the person owning or harboring
the animal, the date and time of the acts, and the name and address
of the person making the complaint. The animal control officer shall
then promptly notify the person owning or harboring the animal of
the acts complained of, either by letter or door tag, and shall request
that the nuisance be abated or eliminated within a specified time
period. The animal control officer shall investigate and file a report
on the complaint.
[Ord. 2012-07]
a.
Defecation on Private Property. No person owning or in charge of
any domestic animal shall cause or allow such animal to soil, defile,
defecate upon or commit any nuisance upon any private property, without
the permission of the owner of the property. Any person owning or
in charge of a domestic animal which soils, defiles, defecates or
commits any such nuisance shall immediately remove all feces deposited
by such animal in a sanitary manner.
b.
Defecation on Public Property. No person owning or in charge of any
domestic animal shall allow such animal to soil, defile, defecate
upon or commit any nuisance on any place where people congregate or
walk, or upon any public property. Any person owning or in charge
of a domestic animal which soils, defiles, defecates or commits any
such nuisance shall immediately remove all feces deposited by such
animal in a sanitary manner.
c.
Defecation on Owner's Property. No person shall permit the accumulation
of domestic animal feces or urine upon his/her own property, or property
occupied by him/her, to the extent that the odor may be noticeable
to any adjoining property owners.
d.
Disposal of Defecation. The feces removed from the aforementioned
designated areas shall be disposed of by the person owning or in charge
of any such domestic animal in a sealed, nonabsorbent, leakproof container.
Disposal in a sanitary manner shall include taking the feces home
for deposit or wrapping the feces and placing the same in a public
trash receptacle. It shall not include burial, disposal or placement
in a storm sewer or placing unwrapped feces in a trash can.
e.
Defense to Violation. It shall be a complete defense to violations
of paragraph d if a person shall have immediately removed such defecation
and disposed of it in a sanitary manner.
f.
Exceptions to Violation. The provisions of this section shall not
apply to dogs used as guides for persons who are blind, commonly known
as "seeing eye dogs," dogs used to assist persons with a handicap,
commonly known as "service dogs," or dogs used to assist persons who
are deaf, commonly known as "hearing ear dogs."
g.
Complaints of Violations. In the event of a violation on private
property, a complaint is only to be filed by the owner of such property.
In the event of such a violation occurring on public property, thoroughfare,
walkways or parks, a complaint may be filed by any witness to such
an act.
[Ord. 2012-07]
No person owning, keeping or harboring a domestic animal shall
permit it to do any injury to or to do any damage to any lawn, shrubbery,
flowers, grounds or property or a complaint may be made against the
owner or keeper of such domestic animal.
[Ord. No. 2012-07; Ord. No. 2015-01 § 15; amended 12-20-2022 by Ord. No.
2022-24]
|
Dog license and registration
|
$12
|
|
Additional fee for dogs (or non-neutered/non-spayed surcharge)
|
$3
|
|
Dog license delinquent fee, per delinquency (effective February
1, 2015)
|
$5
|
|
Vicious/potentially dangerous dog license and registration fee
|
$500
|
|
Kennel or shelter license for 10 or fewer dogs, annual
|
$50
|
|
Kennel or shelter license for more than 10 dogs, annual
|
$100
|
|
Pet shop, annual
|
$50
|
|
Impounding/picking up animal
|
$350
|
[Ord. 2012-07]
a.
Any person found guilty of violating any provision of this Article
shall, upon conviction thereof, be subject to one or more of the following:
1.
Imprisonment in the county jail or in any place provided by the municipality
for the detention of prisoners, for any term not exceeding 90 days;
2.
By a fine not exceeding $1,000;
3.
By a period of community service not exceeding 90 days; provided,
however, that the following mandatory minimum fines shall apply:
|
Offense
|
Mandatory Minimum Fine
|
|---|---|
|
Failure to obtain license:
| |
|
1st offense
|
$50
|
|
2nd offense
|
$100
|
|
Running at large:
| |
|
1st offense
|
$100
|
|
Disturbing the peace (barking or crying):
| |
|
1st offense
|
$50
|
|
2nd offense
|
$100
|
|
Animal attacking person:
| |
|
1st offense
|
$150
|
|
Dogs attacking other animals:
| |
|
1st offense
|
$150
|
|
Interference with an officer:
| |
|
1st offense
|
$100
|
|
Defecation:
| |
|
1st offense
|
$50
|
|
2nd offense
|
$100
|
b.
Any person who is convicted of violating this Article within one
year of the date of a previous violation of the same Article and who
was fined for the previous violation shall be sentenced by court to
an additional fine as a repeat offender. The additional fine imposed
by the court upon a person for a repeated offense shall not be less
than the minimum or exceed the maximum fine fixed for a violation
of this Article, but shall be calculated separately from the fine
imposed for the first violation of this Article.
[Ord. 2012-07]
It shall be the duty of the animal control officer or his duly
authorized representative to enforce the provisions of this Article.
