As used in this Article, the following terms shall have the
meanings indicated:
Any dog, bitch or spayed bitch.
Any dog which has attained the age of seven months or which
possesses a set of permanent teeth.
Any person exercising control over a dog or permitting a
dog to remain on premises under his control.
Every person having a right of property in the dog and every
person who has the dog in his keeping.
Any room or group of rooms, cage or exhibition pen, not part
of a kennel, where dogs for sale are kept or displayed.
Any dog or dog hybrid declared potentially dangerous by a
municipal court pursuant to N.J.S.A. 4:19-23. (N.J.S.A. 4:19-18)
An establishment for the confinement of dogs seized either
under the provisions of this Article or otherwise.
Any establishment where dogs are received, housed and distributed.
Any dog or dog hybrid which has been declared by a Municipal
Court to be a vicious dog pursuant to N.J.S.A. 4:19-22. (N.J.S.A.
4:19-18)
A.
License: when required. Licenses shall be required for the following
dogs licensing age:
(1)
Any dog owned or kept within the city by a resident of the city on
the first day of January of any calendar year.
(2)
Any dogs acquired by any person during the course of any calendar
year and kept within the city for more than 15 days after acquisition.
(3)
Any dog attaining licensing age during the course of the calendar
year.
(4)
Any licensed dog brought into the city by any person and kept within
the city for more than 10 days.
(5)
Any dog licensed by another state brought into the city by any person
and kept within the city for more than 90 days.
B.
C.
Application for license: when made. Applications for licenses for dogs which are required to be licensed by the provisions of Subsection A(1) shall be made before the first day of February of each calendar year. In all other cases application for license shall be made within 15 days of the day on which the dog in question first becomes subject to the provisions of this Article.
D.
License record. The information on all applications and the registration
number issued to each licensed dog shall be preserved for a period
of three years by the Clerk. In addition, he shall forward similar
information to the State Department of Health each month on forms
furnished by the Department.
E.
Fees.
(1)
Fees for licensing dogs.
(a)
The annual fee for licensing an unaltered or unspayed dog shall
be $11.
(b)
The annual fee for licensing an altered or spayed dog shall
be $8.
(c)
The annual fee for licensing a potentially dangerous dog shall
be one hundred fifty dollars (150.). (N.J.S.A. 4:19-31)
(d)
Late charge for license after annual South Amboy clinic for
renewal and delinquent licenses: $2.50
(3)
Deposit for animal traps, to be refunded upon return of the trap
in good condition: $25.
F.
Expiration date. Each dog license and registration tag shall expire
on the last day of January of the calendar year following the calendar
year in which it was issued.
G.
Exceptions. The provisions of this section shall not apply to any dog licensed under Section 58-3. Dogs used as guides for blind persons and commonly known as "Seeing eye" dogs, and "guide dogs" or "service dogs," shall be licensed in the same manner as other dogs, except that the owner or keeper shall not be required to pay any fee. (N.J.S.A. 4:19-15.3)
A.
License required. Any person who keeps or operates or proposes to
establish a kennel, pet shop, shelter or pound shall apply to the
clerk for a license entitling him to keep or operate such establishment.
Any person holding such a license shall not be required to secure
individual licenses for dogs owned by the licensee and kept at such
establishments; such licenses shall not be transferable to another
owner or to different premises.
B.
Number of dogs in private dwelling. It shall be unlawful for any
person to keep more than three dogs of licensing age on or upon his
property or premises unless said person shall have obtained a kennel,
pet shop, shelter or pound license pursuant to this Article.
C.
Application information. An application shall contain the following
information:
(1)
The name and permanent and local address of the applicant.
(2)
The street address where the establishment is located or proposed
to be located, together with a general description of the premises.
(3)
The purpose for which the establishment is to be maintained.
(4)
The maximum number of dogs to be accommodated by the establishment
at any one time.
D.
Approval of Health Officer. No license shall be issued until the
proposed licensee submits in writing from the Health Officer a statement
that the establishment or proposed establishment complies with the
local and state rules governing the location of and sanitation at
the establishment.
E.
License term. All licenses issued for a kennel, pet shop, shelter
or pound shall state the purpose for which the establishment is maintained
and shall expire on the last day of June of each year.
G.
Compliance with regulations.
(1)
All licenses issued for a kennel, pet shop, shelter or pound shall
be subject to revocation by the Council on recommendation of the State
Department of Health or the Health Officer of the city for failure
to comply with the rules and regulations of the State Department of
Health or the Health Officer, after the owner has been afforded a
hearing by either the State Department of Health or the Health Officer.
[New]
(2)
Any person holding a license to establish, keep or operate a kennel,
pet shop, shelter or pound shall comply with all city ordinances and
the rules and regulations promulgated by the State Department of Health
governing the sanitary conduct and operation of kennels, pet shops,
shelters and pounds, the preservation of sanitation therein and the
prevention of the spread of rabies and other diseases of dogs within
and from such establishments.
H.
Report to State Health Department. The Clerk shall forward to the
State Department of Health a list of all kennels, pet shops, shelters
and pounds within 30 days after their licenses are issued, which gives
the names and addresses of the licensees and the kind of licenses
issued.
I.
Control of dogs off premises. 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.
A.
License fees and other moneys collected or received under provisions
of this Article, except registration tag fees, shall be forwarded
to the City Treasurer within 30 days after collection or receipt and
shall be placed in a special account separate from any other accounts
of the city and shall be used for the following purposes only: collecting,
keeping and disposing of dogs liable to seizure under this Article;
local prevention and control of rabies; providing anti rabies treatment
under the direction of the local Board of Health for any person known
or suspected to have been exposed to rabies; all other purposes prescribed
by the statues of New Jersey Governing the subject; and administering
the provisions of this Article.
B.
Any unexpended balance remaining in the special account shall be
retained 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 the special account
to the general funds of the city any amount then in the account which
is in excess of the total amount paid into the special account during
the last two fiscal years next preceding.
C.
The registration tag fee for each dog shall be forwarded within 30
days after collection by the Clerk to the State Department of Health.
The Dog Warden of the city shall annually cause a canvass to
be made of all dogs owned, kept or harbored within the city and shall
report the results to the Clerk and the Health Officer, setting forth
in separate columns the names and addresses of persons owning, keeping
or harboring dogs, the number or licensed dogs owned, kept or harbored
by each person and the registration number of each dog, and the number
of unlicensed dogs owned, kept or harbored by each person, with a
complete description of each unlicensed dog.
A.
Seizure and impoundment of dog by animal control officer; grounds.
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 injured as defined
in N.J.S. 2C: 11-1(b) to that person;
(2)
Caused bodily injury as defined in N.J.S.2C:11-1(a) to a person during
an unprovoked attack 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 N.J.S.A. 4:22-26; or
(4)
Has been trained, tormented, badgered, baited or encouraged to engage
in unprovoked attacks upon persons or domestic animals.
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 Health Officer, the dog may be impounded in a facility
or other structure agreeable to the owner. (N.J.S.A. 4:19-19).
B.
Notice of seizure and impoundment; determination of identity owner;
notice of hearing; return of statement by owner; destruction of dog.
(1)
The Animal Control Officer shall notify the Municipal Court and the
Health Officer immediately that he has seized and impounded a dog
pursuant to section 3 of P.L. 1989, c. 307 (N.J.S.A. 4:19-19), 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 to attempt to determine
the identity of the owner of any dog seized and impounded pursuant
to section 3 of P.L. 1989, c. 307. If its owner cannot be identified
within seven days, that 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 N.J.S.A. 4:19-19, 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. (N.J.S.A. 4:19-20)
C.
Duties of owner of potentially dangerous dog.
D.
The owner of a potentially dangerous dog shall:
(1)
Comply with the provision of (N.J.S.A. 4:19-17 et seq.) in accordance
with a schedule established by the Municipal Court, but in no case
more than 60 days subsequent to the date of determination;
(2)
Notify the licensing authority, 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;
(3)
Notify the licensing authority, Police Department, and the Animal
Control Officer within 24 hours of the death, sale or donation of
a potentially dangerous dog;
(4)
Prior to selling or donating the dog, inform the prospective owner
that the dog has been declared potentially dangerous;
(5)
Upon the sale or donation of the dog to a person residing in a different
municipality, notify the department and the licensing authority, Police
Department, and Animal Control Officer of that municipality of the
transfer of ownership and the name, address and telephone of the new
owner; and
(6)
In addition to any license fee required pursuant to (N.J.S.A. 4:19-15.3),
pay a potentially dangerous dog license fee to the municipality as
provided by N.J.S.A. 4:19-31. (N.J.S.A. 4:19-28).
E.
Control of dangerous and vicious dogs. No person owning or keeping
a dog which has been determined to be a vicious or potentially dangerous
dog shall permit such dog to be off the property of the owner or keeper
without being securely muzzled.
A.
Causes for impounding. The Dog Warden shall take into custody and
impound or cause to be taken into custody and impounded any of the
following dogs:
(1)
Any unlicensed dog running at large in violation of the provision
of this Article.
(2)
Any dog off the premises of the owner or of a person keeping or harboring
a dog which the Dog Warden or his agent has reason to believe is a
stray dog.
(3)
Any dog off the premises of the owner or of a person keeping or harboring
a dog without a current registration tag on its collar.
(4)
Any female dog in season off the premises of the owner or of a person
keeping or harboring such dog.
(5)
Any dog which is suspected to be rabid.
(6)
Any dog which has been determined to be vicious or potentially dangerous dog as stated in Section 58-6, provided that such a dog may also be seized by any police officer, and provided further that if such a dog cannot be seized with safety, it may be killed.
(7)
Any dog which is determined to be ill, injured or creating a threat
to public health, safety or welfare, or interfering with the enjoyment
of property.
B.
Access to premises. Any officer or agent authorized or empowered
to perform any duty under this Article may go upon any premises to
seize for impounding any dog which he may lawfully seize and impound
when he is in immediate pursuit of such a dog, except upon the premises
of the owner of the dog if the owner is present and forbids it.
C.
Notice of seizure.
(1)
If any dog impounded or seized wears a registration tag, collar,
harness or microchip identification having inscribed on or attached
to it the name and address of any person or the owner of or the person
keeping or harboring the dog, the Dog Warden shall immediately serve
on the person whose address is given on the collar, or on the person
owning, keeping or harboring the dog, a notice in writing stating
that the dog has been seized and will be liable to be disposed of
or destroyed if not claimed within seven days after the service of
the notice.
(2)
A notice under this 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, 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, harness or microchip identification.
D.
Disposition of unclaimed dogs. The Dog Warden is authorized and empowered
to cause the destruction of any unclaimed dog, in as humane a manner
as possible, under any of the following conditions:
(1)
When any dog seized has not been claimed by any person within seven days after notice or within seven days of the dog's detention when notice has not been or cannot be given as set forth in Subsection C.
(2)
If the person owning, keeping or harboring any dog seized has not claimed the dog and has not paid all expenses incurred by reason of its detention, including a maintenance charge as set out in § 58-2E(2).
(3)
If the seized dog is unlicensed at the time of its seizure and the
person owning, keeping or harboring it has not produced a license
and registration tag for it. (N.J.S.A 4:19-15.16)
No person shall own, keep or harbor a dog in the city except
in compliance with provision of this Article and the following regulation:
A.
Wearing of registration. All dogs for which licenses are required
shall wear a collar or harness with a registration tag securely fastened
thereto.
B.
Use of registration tags. 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 I was not issued.
C.
Interference with official duties. No person shall hinder, molest
or interfere with anyone authorized or empowered to perform any duty
under this Article.
D.
Disturbing the peace. No person shall own, keep, harbor or maintain
any dog which habitually barks or cries between the hours of 9:00
p.m. and 7:00 a.m.
E.
Running at large. No person owning, keeping or harboring any dog
shall permit it to run at large on the public streets or in any of
the public park or building or other public place within the city.
F.
Leashing of dogs. No person owning, keeping or harboring any dog
shall permit it to be on public streets or in any of the public places
of the city unless the 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.
G.
Property damage. No person owning, keeping or harboring a dog shall
permit it to damage any lawn, shrubbery, flowers, grounds or property.
H.
Nuisances by dogs on streets. No owner of any dog shall permit such
dog to soil or defile or to commit any nuisance upon any sidewalk,
street or thoroughfare, in or upon any public property except public
roadways or upon the property of persons other than the owner.
I.
Nuisance by dogs on private property. No owner of any dog shall suffer
or permit it to soil or defile or to do any injury or damage to any
lawn, shrubbery, flowers, grounds, trees or any property of person
other than the owner.
The Council shall have the power to appoint a Dog Warden, whose
duty it shall be to enforce the provisions of this Article. The Council
shall also have the power to appoint one or more person to be known
as "dogcatchers," who may impound unlicensed dogs running at large
in violation of the provisions of this Article.
[Ord. No. 28-2001]
Unless otherwise provided by N.J.S.A. 4:19-15.19 or N.J.S.A.
4:19-29, any person convicted of violating any provision of this Article
shall pay a fine of not less than $25 nor more than $100 for each
offense.
