Editor's Note: See also Board of Health Ordinances § 3H:4-1,
Keeping of Certain Animals Prohibited.
[1982 Code § 5-1; Ord. 9-5-90]
As used in this chapter:
Shall mean the Board of Health of the Borough of Victory
Gardens.
Shall mean any cat, including a neutered or altered cat,
and any member of the family felis catus.
Shall mean any cat which has attained the age of seven months,
or which possesses a set of permanent teeth.
Shall mean any room or group of rooms, cage, or exhibition
pen, not part of a kennel, wherein cats for sale are kept or displayed.
Shall mean and include any dog, bitch or spayed bitch.
Shall mean any dog which has attained the age of seven months
or which possesses a set of permanent teeth.
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.
Shall mean any animal causing a nuisance, destruction to
property, or injury to a person.
Shall mean and include the person or persons owning, controlling,
keeping or harboring the animal.
Shall mean any room, or group of rooms, cage or exhibition
pen, not part of a kennel, wherein dogs or cats for sale are kept
or displayed.
Shall mean an establishment for the confinement of dogs and
cats seized either under the provisions of this chapter or otherwise.
Shall mean and apply to any dog off and not on the premises
of the owner.
Shall mean an enclosure or pen out of which an animal cannot
escape.
Shall mean a leash or chain which an animal cannot break
or sever and which is not over six feet in length.
Shall mean any establishment where dogs and cats are received,
housed and distributed without charge.
Shall mean any animal which has bitten a person two or more
times without provocation.
[1982 Code § 5-2.1; Ord. 9-5-90]
No person shall keep or harbor any dog or cat of licensing age
within the Borough without first obtaining a license and registration
tag therefor, to be issued by the Board of Health upon application
by the owner and payment of the prescribed fee. No person shall keep
or harbor any dog or cat in the Borough except in compliance with
the provisions of this chapter.
[1982 Code § 5-2.2; Ord. 9-5-90]
Any person who shall own, keep or harbor a dog or cat of licensing
age shall annually, in the month of January, apply for and procure
from the Board of Health a license and metal registration tag for
each dog or cat so owned, kept or harbored, and shall place upon such
dog or cat a collar or harness with the registration tag securely
fastened thereto.
[1982 Code § 5-2.3; Ord. 9-5-90; Ord. 6-10-92]
The annual fees for a dog or cat license and registration tag
shall be as follows: License fee for each dog or cat shall be $10.20
unless the dog or cat shall be spayed or neutered, in which event
the fee shall be $7.20; registration tag for each dog or cat, $1.
The fee for each annual renewal of the license and registration tag
shall be the same as for the original license and tag. Dog and cat
licenses, registration tags and the renewals thereof shall expire
annually on January 1. All license and registration tag fees shall
be payable in full for the entire amount regardless of the date applied
for or issued. In the event that the registration tag is lost, such
tag shall be replaced upon application to the Board of Health and
upon payment of a fee of $1.
The Borough shall additionally charge such fees as may be promulgated
by State of New Jersey, Department of Health.
[1982 Code § 5-2.4]
Dogs used as guides for blind persons and commonly known as
Seeing Eye dogs shall be licensed and registered as other dogs except
that the owners of such dogs shall not be required to pay any fees
therefor.
[1982 Code § 5-2.5; Ord. 9-5-90]
The owner of any newly acquired dog or cat of licensing age
or of any dog or cat which attains licensing age shall make application
for license and registration tag for such dog or cat within 10 days
after such acquisition of age attainment.
[1982 Code § 5-2.6; Ord. 9-5-90]
The application for dog or cat license and registration shall
state the breed, sex, age, color and markings of the dog or cat for
which license and registration are sought 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 or cat.
The information on the application and the registration number issued
for the dog or cat shall be preserved for a period of three years
by the Board of Health. In addition similar information shall be forwarded
by the Board of Health to the State Department of Health each month,
on forms furnished by the Department. Registration numbers shall be
issued in the order of the applications.
[1982 Code § 5-2.7; Ord. 9-5-90]
Any person who shall bring or cause to be brought into the Borough
any dog or cat licensed in another State for the current year, and
bearing a registration tag, and shall keep same within the Borough
for a period of more than 90 days shall immediately apply for a license
and registration tag for each dog or cat.
Any person who shall bring or cause to be brought into the Borough
any unlicensed dog or cat and shall keep same or permit same to be
kept within the Borough for a period of 10 days, shall immediately
apply for a license and registration tag for each such dog or cat.
[1982 Code § 5-2.8; Ord. 9-5-90]
No person, except an Officer in the performance of his duties,
shall remove a registration tag from any dog or cat without the consent
of the owner; nor shall any person attach a registration tag to a
dog or cat for which it was not issued.
[1982 Code § 5-2.9; Ord. 6-10-92]
A late charge fee of $10 shall be paid by all applicants for
licenses which were not applied for during the month of January. All
applicants for licenses beginning March 1 and thereafter shall pay
an additional late fee of $1 per month beginning with the month of
March.
[1982 Code § 5-2.10]
License fees and other moneys collected or received under the
provisions of this chapter, except registration tag 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
which shall be used for the following purposes only: for collecting,
keeping and disposing of dogs and other animals liable to seizure
under this chapter; for local prevention and control of rabies; for
providing antirabies treatment under the direction of the Board of
Health for any person known or suspected to have been exposed to rabies;
and for all other purposes prescribed by the Statutes of New Jersey
governing the subject, 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 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 the special
account during the last two fiscal years next preceding. All moneys
collected for registration tag fees shall be forwarded to the State
Department of Health within 30 days after collection or receipt.
[1982 Code § 5-3.1]
The Office of Animal Control Officer is hereby created for the
Borough. It shall be the duty of the Animal Control Officer to enforce
the provisions of this chapter. The Animal Control Officer shall be
appointed by the Mayor and Borough Council and shall serve for a term
of one year commencing January 1 annually. The salary of the Animal
Control Officer shall be fixed by the Mayor and Council in a salary
ordinance adopted for officers and employees of the Board of Health.
Regulations concerning the duties of the Animal Control Officer shall
be as fixed by the Board of Health by resolution duly adopted.
[1982 Code § 5-3.2; Ord. 9-5-90]
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 section:
a.
Any dog running at large in the Borough.
b.
Any dog off the premises of the owner or the person keeping or harboring
the dog not controlled by a leash as provided in this chapter.
d.
Any dog or cat in violation of any other section of this chapter.
e.
Any dog off the premises of the owner or of the person keeping or
harboring the dog without a current registration tag on his collar.
f.
Any female dog in season off the premises of the owner or of the
person keeping or harboring the dog.
[1982 Code § 5-3.3; Ord. 9-5-90]
If any dog or 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 the owner or the person keeping or
harboring the dog 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 the dog or cat, if known,
a notice in writing stating the dog or 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.
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 residence, or at the address given on the collar, or by forwarding
it by post in a prepaid letter addressed to that person at his residence
or to the address given on the collar.
[1982 Code § 5-3.4; Ord. 9-5-90]
When any dog or 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 no notice has been
given as above set forth and if the owner or person keeping or harboring
the dog or cat has not claimed the dog or cat and paid all expenses
incurred by reason of its detention, including maintenance not exceeding
$4 per day, and if the dog or cat is unlicensed at the time of the
seizure and the owner or person keeping or harboring the dog or cat
has not produced a license and registration tag for the dog or cat,
the Animal Control Officer may cause the dog or cat to be destroyed
in a manner causing as little pain as possible.
[1982 Code § 5-3.5; Ord. 9-5-90]
Wounded or injured animals shall be taken by the Animal Control
Officer to a veterinarian designated by the Board of Health. If the
animal is identifiable, the owner shall be notified immediately. If
the animal is not identifiable, at the discretion of the veterinarian
and an authorized representative of the Board of Health, the animal
shall be destroyed. Where possible, the animal is not to be destroyed
for at least 48 hours, and diligent search is to be made among health
officers of surrounding municipalities to determine if the animal
is wanted for any reason. If the animal is suspected of rabies, it
shall immediately be decapitated, and the head taken to the State
Department of Health. It shall be the duty of the Animal Control Officer
or any other designated official of the Board of Health to take the
head to the State Department of Health. If the animal is identifiable
or known, the fees of the veterinarian for destruction shall be charged
to the owner of the animal. If the animal is not identifiable or known,
the fees of the veterinarian for destruction shall be borne by the
Board of Health and charged to the Rabies Control Fund.
Dead animals shall be taken to a veterinarian designated by
the Board of Health. If the animal is suspected of rabies, it shall
immediately be decapitated, and the head taken to the State Department
of Health. It shall be the duty of the Animal Control Officer or any
other designated official of the Board of Health to take the head
to the State Department of Health. If the animal is not identifiable
or known, the fees of the veterinarian shall be charged to the owner
of the animal. If the animal is not identifiable or known, the fees
of the veterinarian shall be borne by the Board of Health and charged
to the Rabies Control Fund.
In all cases where a dog or cat is taken into custody by the
Animal Control Officer and impounded, and such dog or cat is later
claimed by the owner thereof, before such dog or cat shall be released
to the owner, the owner shall pay a recovery fee of $5 to the Board
of Health. This recovery fee of $5 shall be in addition to all other
costs and expenses of confinement and maintenance of the dog or cat
chargeable and payable under the provisions of the section. Written
proof of payment of the recovery fees shall be furnished before the
dog or cat is released to the owner.
[1982 Code § 5-3.6]
The Animal Control Officer 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
the owner is present and forbids the same.
[1982 Code § 5-3.6]
No person shall hinder, molest or interfere with anyone authorized
or empowered to perform any duty under this chapter.
[1982 Code § 5-4; Ord. 7-26-89]
The office of the Animal Control Officer 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
each year to the State Department of Health the result thereof, setting
forth in separate columns the names and addresses of the persons owning,
keeping or harboring, unlicensed dogs, the number of unlicensed dogs,
owned, kept or harbored by each of these persons, together with a
complete description of each of the unlicensed dogs.
[1982 Code § 5-5.1]
No dog shall run at large at any time within the Borough.
[1982 Code § 5-5.2]
No person shall keep, harbor or maintain any dog or other animal
which habitually barks or cries so as to disturb the public peace.
[1982 Code § 5-5.3]
No person owning, keeping or harboring a dog or other animal
shall permit or suffer it to do any injury or damage to any lawn,
garden, shrubbery, flowers, grounds or other property.
[1982 Code § 5-5.4]
Any dog off the premises of the person owning, keeping or harboring
it shall be accompanied by a capable person and shall be controlled
and secured by an adequate leash not more than six feet long.
Any person keeping or harboring a dog that is tied outside,
must keep the dog on a leash which is at least six feet long and equipped
with a swivel. The dog shall have adequate protection from the weather
such as a doghouse or coop, and at all times have a supply of drinking
water.
[1982 Code § 5-5.5]
The conduct of a dog shall be attributed to the owner thereof
and the owner shall be deemed to have permitted any dog who acts contrary
to the requirements of this chapter to act so and such owner shall
be guilty of the violation thereof.
[Ord. 9/27/05 § 1]
The purpose of this section is to establish requirements for
the proper disposal of pet solid waste in the Borough of Victory Gardens,
so as to protect public health, safety and welfare, and to prescribe
penalties for failure to comply.
[Ord. 9/27/05 § 2]
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
Shall mean that the pet solid waste is removed once, without
delay.
Shall mean any person who shall possess, maintain, house
or harbor any pet or otherwise have custody of any pet, whether or
not the owner of such pet.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision on this State subject
to municipal jurisdiction.
Shall mean a domesticated animal (other than a disability
assistance animal) kept for amusement or companionship.
Shall mean matter expelled from the bowels of the pet; excrement.
Shall mean placement in a designated waste recyclable, or
other suitable container, and discarded in a refuse container which
is regularly emptied by the municipality or some other refuse collector,
or disposal into a system designed to convey domestic sewage for proper
treatment and disposal.
[Ord. 9/27/05 § 3]
All pet owners and keepers are required to immediately and properly
dispose of their pet's solid waste deposited on any property, public
or private, now owned or possessed by that person.
[Ord. 9/27/05 § 4]
Any owner or keeper who requires the use of a disability assistance
animal shall be exempt from the provisions of this section while such
animal is being used for that purpose.
[Ord. 9/27/05 § 5;
amended 5-26-2015 by Ord. No. 5-26-15(2)]
The provisions of this section shall be enforced by the Animal
Control Officer of the Borough of Victory Gardens.
Editor's Note: Statutory provisions for the appointment of an
Animal Control Officer may be found at N.J.S.A. 4:19-15.16b.
[Ord. 9/27/05 § 6;
amended 5-26-2015 by Ord. No. 5-26-15(2)]
Any person(s) who is found to be in violation of the provisions
of this section shall be subject to the following fines which may
be paid to the Court directly:
[New]
Any person violating any provision of this chapter shall, upon
conviction thereof, be liable to a penalty of not less than $25 nor
more than $500 for each offense, to be recovered by and in the name
of the Borough.
[1982 Code § 5-7; Ord. 9-5-90]
No provision of this chapter shall be construed to apply to
any establishment wherein or whereon dogs or cats are received or
kept for diagnostic, medical, surgical or other treatments, owned
by and operated under the immediate supervision of a graduate veterinarian
licensed in the State of New Jersey.
[Ord. 9/27/05 § 1]
The purpose of this section is to prohibit the feeding of unconfined
wildlife in any public park or on any other property owned or operated
by the Borough of Victory Gardens, so as to protect public health,
safety and welfare, and to prescribe penalties for failure to comply.
[Ord. 9/27/05 § 2]
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When non inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
Shall mean to give, place, expose, deposit, distribute or
scatter any edible material with the intention of feeding, attracting
or enticing wildlife. Feeding does not include baiting in the legal
taking of fish and/or game.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean all animals that are neither human or domesticated.
[Ord. 9/27/05 § 3]
No person shall feed, in any public park or on any other property
owned or operated by the Borough of Victory Gardens, any wildlife,
excluding confined wildlife (for example, wildlife confined in zoos,
parks or rehabilitation centers, or unconfined wildlife at environmental
education centers).
[Ord. 9/27/05 § 4]
[Ord. 9/27/05 § 5]
Any person(s) who is found to be in violation of the provisions
of this section shall be subject to a fine not to exceed $100.
