A. DOG DOG OF LICENSING AGE KENNEL OWNER PET SHOP POUND SHELTER
Definitions.
Shall mean 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.
When applied to the proprietorship of a dog, shall mean and include every person having a right of property in such dog and every person who has such dog in his keeping.
Shall mean any room or group of rooms, cage or exhibition pen, not part of a kennel, wherein dogs for sale are kept or displayed.
Shall mean an establishment for the confinement of dogs seized either under the provisions of this chapter or otherwise.
Shall mean any establishment where dogs are received, housed and distributed without charge.
The words "and" and "or" may be used interchangeably, and either of the two may be applicable, whichever is more conducive towards the effectuation of this chapter.
B.
License Required.
1.
No person shall keep or harbor any dog within the Borough without first obtaining a license therefor, to be issued by the Animal Registrar upon application by the owner and payment of the prescribed fee; and no person shall keep or harbor a dog in the Borough except in compliance with the provisions of this chapter. Dogs shall be registered annually.
2.
In order to receive a dog license, the dog owner must first supply to the Secretary of the Board of Health of the Borough of Manville a rabies vaccination certificate, for each such dog, signed by a licensed veterinarian (N.J.S.A. 4:19-15.2a). The duration of immunity certified by the veterinarian must extend through at least 10 months of the twelve-month licensing in order for a license to be issued (N.J.A.C. 8:23a-4.2). If the dog's duration of immunity expires prior to the 10th month of the twelve-month dog licensing, the dog must receive an additional rabies vaccination prior to licensure. The Secretary of the Board of Health of the Borough of Manville shall grant an exemption to the vaccination requirement for a dog that a licensed veterinarian certifies in writing cannot be inoculated due to an infirmity, physical condition or regimen of therapy (N.J.A.C. 8:23a-4.3). Such certification (VPH-28) must be for a specific medical condition and not because the veterinarian or owner does not want to vaccinate the animal before the previous duration of immunity lapses.
C.
Registration Tag Required to Be Fastened to Collar or Harness. Any person who shall own, keep or harbor a dog of licensing age shall, annually in the month of January, apply for and procure from the Animal Registrar an 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.
D.
Fee; Expiration of License.
1.
Fee Schedule. The fee for a dog license shall be as follows:
Annual licenses | |
|---|---|
Neutered dogs | $10 per dog |
Unneutered dogs | $13 per dog |
2.
For each annual renewal, the fee for the license and for the registration tag shall be the same as for the original license and tag. The licenses, registration tags and renewals thereof shall expire on the last day of January in each year. New Jersey State license fees are included in the fee schedule set out above and will be transferred to the state by the Animal Registrar. If a license or registration tag has been misplaced or lost, the Animal Registrar may issue a duplicate license and/or registration tag for that particular dog for a fee of $2.
E.
Late Fee. Any person who fails to apply for and procure a dog license or registration or renewal thereof pursuant to this section on or before January 31 of each year will be subject to a late fee in the amount of $10, which may otherwise be imposed by this section or according to law, except that the late fee established by this section shall not apply to dog licenses issued.
F.
Seeing Eye Dogs. Dogs used as guides for blind persons and commonly known as "seeing eye" 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 thereafter.
G.
Newly Acquired Dogs. The owner of any newly acquired dog of licensing age or 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.
H.
Application Information. The application shall state the breed, sex, age, color and markings of the dog 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. 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. In addition he shall forward similar information 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.
I.
Dogs from Another State.
1.
Any person who shall bring or cause to be brought to the Borough 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.
2.
Any person who shall bring or cause to be brought into the Borough any unlicensed dog 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.
J.
Removal 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 it was not issued.
K.
Canvass of Dogs. The Chief of Police of the Borough may, after February 1 each year, cause a canvass to be made of all dogs owned, kept or harbored within the limits of the Borough and shall report to the Borough Clerk, the Board of Health of the Borough, and to the State Department of Health the results thereof, setting forth in separate columns the names and addresses of persons owning, keeping or harboring such dogs; the number of licensed dogs owned, kept or harbored by each person, together with the registration numbers of each dog; and the number of unlicensed dogs owned, kept or harbored by each person, together with a complete description of each unlicensed dog.
L.
Animal Control Officer. The Borough Council shall have power to appoint an Animal Warden whose duty it shall be to enforce the provisions of this chapter. The Borough Council shall also have power to appoint one or more persons to be known as deputy Animal Wardens who may impound unlicensed dogs running at large in violation of this chapter.
M.
Impounded Dogs. The Animal Control Officer of the Borough 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;
1.
Any dog off the premises of the owner or of the person keeping or harboring the dog which the Official or his agent or agents have reason to believe is a stray dog;
2.
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;
3.
Any dog off the premises of the owner or person keeping or harboring the dog with a current registration, or a tag with the owners name and address inscribed, or when the owner or person keeping or harboring the dog is known to the Animal Control Officer; except that the Animal Control Officer shall first send a written notice to the owner at the address indicated on the registration, collar or usual, or last, known place of abode, by first-class mail. The notice shall state 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. When any dog 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 the dog has not claimed the dog and paid all expenses incurred by reason of its detention, including the usual and customary per diem maintenance and boarding charges, and if the dog be unlicensed at the time of 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 humane manner causing as little pain as possible.
N.
Officer Empowered to Go on Private Premises in Pursuit of Dogs. 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 which he may lawfully seize and impound when such officer is in immediate pursuit of such dog, except upon the premises of the owner of the dog if the owner is present and forbids the same.
O.
Hindering Officials Prohibited. No person shall hinder, molest or interfere with anyone authorized or empowered to perform any duty under this chapter.
P.
Running at Large. No person owning, possessing, keeping or harboring a dog, whether such dog is licensed or unlicensed, shall allow or permit such dog to run at large on or about any place, public or private, within the Borough, except upon the premises of its owner. For the purpose of this chapter the term "at large" shall apply to a dog, whether licensed or unlicensed, found off the premises of its owner and not in the custody and under the control of its owner or other responsible person. The term "at large" shall not apply to dogs under the supervision of a person legally engaged in hunting or training dogs for hunting; however, the dogs must be under the verbal control of the person.
Q.
Vicious Dogs. Any dog which has attacked or bitten any human being, or which habitually attacks other dogs or domestic animals is hereby defined to be a vicious dog, for the purposes of this section. It shall be the duty of the Police Department to receive and investigate complaints against dogs, and when any dog complained against shall be deemed by the police to be a vicious dog, as herein defined, the officer shall report the facts to the municipal judge, who shall thereupon cause the owner or person harboring such dog to be notified in writing of the complaint against such dog, and to appear before the judge at a stated time and place. The judge, at the time set for such hearing, shall inquire into the facts, and give all interested persons an opportunity to be heard under oath, and to be represented by counsel, and the judge shall decide in accordance with the evidence before him. If the judge shall decide that such dog complained of is a vicious dog, as defined in this section, notice of such decision shall be given to the owner or person harboring such dog. No dog which has been so determined to be a vicious dog shall be permitted to run at large or be upon any street or public place in the Borough, except while securely muzzled and under leash, as provided in this chapter, and the owner or person harboring any such vicious dog who shall suffer or permit such dog to run at large or be upon any street or public place in the Borough while not securely muzzled and under leash shall be guilty of a violation of this chapter.
R.
Barking Dogs. No person shall keep or harbor a dog which barks or cries, thereby disturbing the comfort, rest or repose of any person.
S.
Penalty. For violation of any provision of this chapter, the maximum penalty, upon conviction, shall be a fine not exceeding $1,000, or imprisonment for a period not exceeding 90 days, or both; or a period of community service not exceeding 90 days in lieu of the said ninety-day imprisonment. Also, any person or other entity who is convicted of violating this chapter within one year of the date of a previous violation of the same and who was fined for the previous violation shall be sentenced to an additional fine as a repeat offender. The additional fine imposed upon a person or other entity for a repeated offense shall not be less than the minimum or exceed the maximum fine fixed for a violation of the chapter, but shall be calculated separately from the fine imposed for the violation.