[Adopted 12-16-1975 by Ord. No. 1046 as Ch. VIII of the Revised General Ordinances]
[1]
Editor's Note: The statutory provisions on dog licensing are in N.J.S.A. 4:19-15.1 et seq.
The words hereinafter defined shall have the meaning herein indicated for the purposes of this article as follows:
DOG
Any dog, bitch or spayed bitch.
DOG OF LICENSING AGE
Any dog which has attained the age of seven months or which possesses a set of permanent teeth.
KENNEL
Any establishment wherein or whereon the business of boarding or selling dogs or breeding dogs for sale is carried on, except a pet shop.
OWNER
When applied to the proprietorship of a dog, includes every person having a right of property to such dog and every person who has such dog in his keeping.
PET SHOP
Any room or group of rooms, cage or exhibition pen, not part of a kennel, wherein dogs for sale are kept or displayed.
POUND
An establishment for the confinement of dogs seized either under the provisions of this article or otherwise.
SHELTER
Any establishment where dogs are received, housed and distributed without charge.
VICIOUS DOG
Any dog which has been declared by a Municipal Judge to be a vicious dog which has attacked or bitten any human being, or which habitually attacks other dogs or domestic animals.
A. 
License required.
(1) 
Any person who shall own, keep or harbor a dog of licensing age shall apply for and procure from the Clerk or other person designated by the governing body, a license and official metal registration tag for each dog so owned, kept or harbored.
(2) 
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 acquisition or age attainment.
(3) 
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 shall keep it or permit it 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 that dog is licensed under § 95-3 of this article.
(4) 
Any person who shall bring or cause to be brought into the Borough any unlicensed dog and shall keep it or permit it 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 dog, unless the dog is licensed under § 95-3 of this article.
B. 
Application. 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.
C. 
Fee. The person applying for the license and registration tag shall pay $7 for each dog and $1 for the registration tag for each dog where the owner produces proof that said dog has been spayed and neutered. There shall be in conformance with P.L. 1983, c. 181, a surcharge of $3 on all licenses issued for nonspayed and nonneutered dogs.
[Amended 10-21-1980 by Ord. No. 1154; 9-6-1983 by Ord. No. 1192; 9-15-1989 by Ord. No. 2068]
D. 
Expiration date and late charge. Each license, registration tag and renewal shall expire on December 31 of each year. Failure to license, register and renew registration on or before January 31 shall result in a late charge to the licensee in the amount of $5. This late charge of $5 is supplemental to § 95-10.
[Amended 6-17-1986 by Ord. No. 2020; 9-15-1989 by Ord. No. 2068]
E. 
Exceptions. Dogs used as guides for blind persons and commonly known as "seeing eye" dogs shall be licensed and registered in the same manner as other dogs, except that the owner or keeper of such dog shall not be required to pay any fee.
A. 
License required. 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. 
Application. 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 Health Officer of the Board of Health of the Borough, showing compliance with the local and state rules and regulations governing location of and sanitation at such establishments.
C. 
License; term. All licenses issued for a kennel, pet shop, shelter or pound shall state the purpose for which the establishment is maintained.
(1) 
Any person holding such license shall not be required to secure individual licenses for dogs owned by the licensee and kept at such establishments.
(2) 
Licenses shall not be transferable to another owner or different premises.
(3) 
All licenses shall expire on January 31 of each year and are subject to revocation by the Borough Council on recommendations 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 or the Board of Health after the owner has been afforded a hearing by either the State Department or the Borough Board of Health.
D. 
License fees. Annual license fees for kennels and pet shops shall be as follows:
(1) 
Kennel accommodating 10 or fewer dogs: $10.
(2) 
Kennel accommodating more than 10 dogs: $25.
(3) 
Pet shops: $10.
(4) 
Shelter or pound: no fee.
E. 
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.
License fees and registration tag fees collected or received under the provisions of this article shall be received and disposed of as provided in N.J.S.A. 4:19-15.11, as supplemented and amended.
The Borough shall annually cause a canvass to be made of all dogs owned, kept or harbored within the limits of the Borough and shall report to the Clerk, the Board of Health and the State Department of Health the results thereof, setting forth in separate columns the names and addresses of persons owning, keeping or harboring dogs; the number of licensed dogs owned, kept or harbored by each person, together with the registration number of each dog; the number of unlicensed dogs owned, kept or harbored by each person, together with a complete description of each unlicensed dog.
[Amended 10-6-2020 by Ord. No. 20-2571]
A. 
Notice and hearing.
(1) 
The Animal Control Officer shall notify the municipal court and the municipal health officer immediately that he has seized and impounded a dog pursuant to § 97-7B 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 § 97-7B. 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 § 97-7B, 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.
B. 
Potentially dangerous dogs.
(1) 
The municipal court shall declare a dog to be potentially dangerous if it finds by clear and convincing evidence that the dog:
(a) 
Caused bodily injury to a person during an unprovoked attack, and poses a serious threat of bodily injury or death to a person;
(b) 
Caused serious bodily injury to another domestic animal or killed another domestic animal; and
[1] 
Poses a serious threat of serious bodily injury or death to a person; or
[2] 
Poses a serious threat of death to another domestic animal.
(2) 
A dog shall not be declared potentially dangerous for:
(a) 
Causing bodily injury to a person if the dog was provoked;
(b) 
Causing serious bodily injury to, or killing, a domestic animal if the domestic animal was the aggressor;
(c) 
Causing bodily injury to a person who was committing or attempting to commit a crime or offense upon the owner or person with custody or control of the dog or committing or attempting to commit a trespass or other criminal offense on the property of the owner or person with custody or control of the dog;
(d) 
Causing bodily injury to a person or a domestic animal who was abusing, assaulting, or physically threatening the dog or the dog's offspring; or
(e) 
Causing bodily injury to a person who was intervening between two or more dogs engaged in aggressive behavior or fighting.
(3) 
For purposes of Subsection B(2)(a), the Borough shall bear the burden of proof to demonstrate that the dog was not provoked.
(4) 
As used in this section, "bodily injury" means bodily injury as defined in N.J.S.A. 2C:11-1(a) and "serious bodily injury" means serious bodily injury as defined in N.J.S.A. 2C:11-1(b).
(5) 
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 Clerk or other official designated to license dogs by the governing body, for a special municipal potentially dangerous dog license, municipal registration number, and red identification tag. 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 Subsection B(5)(a)[3];
[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 Borough 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.
(6) 
The owner of a potentially dangerous dog shall:
(a) 
Comply with the terms of Subsection B(4) in accordance with the schedule established by the municipal court, but in no case more than 60 days subsequent to the date of determination;
(b) 
Notify the licensing authority, 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 licensing authority, 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 that the dog has been declared potentially dangerous;
(e) 
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 or force, and Animal Control Officer of that municipality of the transfer of ownership and the name, address and telephone of the new owner; and
(f) 
In addition to any license fee required by 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.
C. 
Vicious dogs.
(1) 
The municipal court shall declare the dog vicious if it finds by clear and convincing evidence that the dog killed a person or caused serious bodily injury to a person.
(2) 
A dog shall not be declared vicious for inflicting death or serious bodily injury upon a person if the dog was provoked. The Borough shall bear the burden of proof to demonstrate that the dog was not provoked.
(3) 
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, the court may order:
(a) 
The dog's owner to comply with certain restrictions to protect the public that are at least as stringent as the requirements for potentially dangerous dogs pursuant to Subsections B(4) and (5); or
(b) 
The dog to be euthanized in a humane and expeditious manner, except that no dog may be euthanized during the pendency of an appeal.
(4) 
As used in this section, "serious bodily injury" means serious bodily injury as defined in N.J.S.A. 2C:11-1(b).
[Amended 10-6-2020 by Ord. No. 20-2571]
A. 
Impounding sick and off-premises dogs.
(1) 
The certified Animal Control Officer appointed by the governing body shall take into custody and impound any animal, to thereafter be euthanized or offered for adoption, as provided in this section:
(a) 
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;
(b) 
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;
(c) 
Any female dog in season off the premises of the owner or the person charged with the care of the dog;
(d) 
Any dog or other animal which is suspected to be rabid; or
(e) 
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.
(2) 
Notice to owner. If an animal taken into custody and impounded pursuant to Subsection A(1) of this section 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 of the service of the notice.
(3) 
Service of notice. A notice required pursuant to this section may be served:
(a) 
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
(b) 
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.
(4) 
Requirement to hold for seven days. A shelter, pound, or kennel operating as a shelter or pound receiving an animal from a certified Animal Control Officer pursuant to Subsection A(1) of this section, 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:
(a) 
The animal is surrendered voluntarily by its owner to the shelter, pound, or kennel operating as a shelter or pound, in which case the provisions of Subsection A(5) of this section will apply; or
(b) 
The animal is suspected of being rabid, in which case the provisions of Subsection A(10) of this section will apply.
(5) 
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 Subsection A(4) of this section, the shelter, pound, or kennel operating as a shelter or pound:
(a) 
Shall offer the animal for adoption for at least seven days before euthanizing it; or
(b) 
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.
(6) 
Except as otherwise provided for under Subsection A(5) 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.
(7) 
Claiming an impounded animal. 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:
(a) 
Shall, in the case of a cat or dog, release it to the owner or person charged with its care, provided the owner or the 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 other documentation from the owner's veterinarian that the cat or dog has received regular care from that veterinarian;
(b) 
May, in the case of a cat or dog, charge the cost of sterilizing the cat or dog, if the owner requests sterilizing it when claiming it; and
(c) 
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.
(8) 
Unclaimed animals. 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 Subsection A(3) of this section 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 the provisions of N.J.S.A. 4:22-19.
(9) 
Transfer of ownership upon adoption; no experimentation. 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.
(10) 
Potentially rabid animals. Any animal seized under this section suspected of being rabid shall be immediately reported to the executive officer of local board of health, to the 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 Department of Health for the animals.
(11) 
Placement of animal in licensed facility. 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 Subsection A(5) or (8) of this section.
(12) 
Notwithstanding the provisions of this section, N.J.S.A. 4:19-15.30, and N.J.S.A. 4:19-15.31 to the contrary, in accordance with N.J.S.A. 4:19-15.16,[1] 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.
[1]
Editor's Note: N.J.S.A.  4:19-15.16 was repealed, effective 8-1-2018.
B. 
Impounding dogs suspected of being potentially dangerous or vicious.
(1) 
An Animal Control Officer shall seize and impound a dog when the officer has reasonable cause to believe that the dog:
(a) 
Attacked a person and caused death or serious bodily injury as defined in N.J.S.A. 2C:11-1(b) to that person;
(b) 
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;
(c) 
Engaged in dog fighting activities as described in N.J.S.A. 4:22-24 and 4:22-26; or
(d) 
Has been trained, tormented, badgered, baited or encouraged to engage in unprovoked attacks upon persons or domestic animals.
(2) 
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 municipal health officer, the dog may be impounded in a facility or other structure agreeable to the owner.
A. 
Wearing of registration. All dogs for which licenses are required by the provisions of this article to be licensed shall wear a collar or harness with the registration tag for the dog 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 it 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. 
Running at large. No person owning, keeping, harboring, or in charge of any dog shall allow it to run at large upon the public streets, in any public park, in any public building, and/or on any private property within the Borough with the exception of any park wherein owners with their dogs may enter between dawn and dusk to access the dog park with their dog leashed at all times while outside the perimeter of the park and until entry into the dog park.
[Amended 12-5-2017 by Ord. No. 17-2520]
E. 
Leashing of dogs. No person owning, keeping or harboring any dog shall suffer or permit it to be upon the public streets or in any of the public places of the Borough 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.
F. 
Property damage. 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.
G. 
Disturbance of peace. No person shall keep, harbor or maintain any dog which habitually barks or cries between the hours of 10:00 p.m. and 6:00 a.m.
H. 
Defiling of property. No person owning, harboring, keeping or in charge of any dog shall cause, suffer, or allow the dog to soil, defile, defecate on or commit any nuisance on a common thoroughfare, sidewalk passageway, bypath, play area, park or any place where people congregate or work, or upon any public property whatsoever, or upon any private property without the permission of the owner of the property. The restriction in this section shall not apply to that portion of the street lying between the curblines, which shall be used to curb such dog under the following conditions:
(1) 
Any person who shall curb such dog shall immediately remove all feces deposited by the dog by any sanitary method approved by the local health authority.
(2) 
The feces removed from the aforementioned designated area shall be disposed of by the person owning, harboring or in charge of any dog curbed in accordance with the provisions of this subsection in a sanitary manner approved by the local health authority.
The Police Chief or the official designated by the Mayor and Council shall enforce the provisions of this article, and shall make a monthly report in detail to the Council concerning his activities.
Any person who violates or who fails or refuses to comply with § 95-2 of this article shall be liable to a penalty of not less than $5 nor more than $50 for each offense, except that for the first offense, the penalty shall be not less than $1 nor more than $50. For any other violation of this article, the general penalty clause in Chapter 1 of the Code shall apply.