[Adopted 11-21-1972[1]; amended in its entirety 10-15-2020 by BOH Ord. No. 2020-2]
[1]
Editor’s Note: The provisions of this article are derived from Ch. 9 of the former Revised Ordinances, adopted 11-21-1972 by Ord. No. 659.
As used in this article, the following terms shall have the meanings indicated:
ANIMAL CONTROL AUTHORITY
The authorized Animal Control Officer designated by the Borough.
DOG
Any male or female 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.
LICENSING AUTHORITY
The Borough Clerk's Office of the Borough of Maywood or any designated representative thereof charged with administering the issuance and/or revocation of permits and licenses under the provisions of this article.
NEUTERED
Rendered permanently incapable of reproduction as certified by a licensed veterinarian.
OWNER
When applied to the proprietorship of a dog, includes every person having a right of property in such dog and every person who harbors or has such dog in his keeping.
PERSON
Any individual, corporation, partnership, organization or institution commonly recognized by law as a unit.
No person shall own, keep or harbor any dog within the Borough except in compliance with the provisions of this article.
A. 
Vaccination and license requirements. No person shall own, keep, harbor or maintain any dog over seven months of age within the Borough of Maywood, unless such dog is vaccinated and licensed. The provisions of this section do not apply to dogs held by a state or federal licensed research facility or to a veterinary establishment where dogs are received or kept for diagnostic, medical, surgical or other treatments or to licensed animal shelters, pounds, kennels or pet shops.
B. 
Vaccination. All dogs shall be vaccinated against rabies by a licensed veterinarian in accordance with the latest Compendium of Animal Rabies Vaccines and Recommendations for Immunization published by the National Association of State Public Health Veterinarians, except as provided for in Subsection D.
C. 
Vaccination certificate. A certificate of vaccination shall be issued to the owner of each animal vaccinated on a form recommended by the state.
D. 
Exemptions. Any dog may be exempted from the requirements of such vaccination for a specified period of time by the Borough Clerk, upon presentation of a veterinarian's certificate stating that because of an infirmity or other physical condition or regimen of therapy, the inoculation of such dog shall be deemed inadvisable.
Any person who shall own, keep or harbor a dog of licensing age in the Borough shall, in the month of January in each year, apply for and procure from the Borough Clerk a license and 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. Licenses are not transferable.
A. 
Newly acquired dogs and dogs attaining licensing age. The owner of any newly acquired dog of licensing age or of any dog which attains licensing age shall apply for a license and registration tag for such dog within 10 days after such acquisition or age attainment. This requirement will not apply to a nonresident keeping a dog within the Borough for no longer than 90 days.
B. 
Dogs brought into Borough.
(1) 
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 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 and 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.
Only one license and registration tag shall be required in any licensing year for any dog owned in New Jersey, and such license and tag issued by any other municipality of this state shall be accepted by the Borough as evidence of compliance this article.
A. 
The application shall state the breed, sex, age, color and markings of the dog for which the license and registration are sought and 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 keep or harbor such dog.
B. 
Registration numbers shall be issued in the order of the applications.
C. 
The information on said application and the registration number issued for the dog shall be preserved for a period of three years by the Borough Clerk. In addition, the Clerk shall forward to the State Department of Health each month, on forms furnished by said Department, an accurate account of registration numbers issued or otherwise disposed of.
No Municipal Clerk or other official designated by the governing body of any municipality to license dogs therein shall grant any such license for any dog unless the owner thereof provides evidence that the dog to be licensed and registered has been inoculated with a rabies vaccine of a type approved by and administered in accordance with the recommendations of the United States Department of Agriculture and the United States Department of Human Services or has been certified exempt as provided by § 161-3 of this article. The rabies inoculation shall be administered by a duly licensed veterinarian or by such other veterinarian permitted by law to do the same.
A. 
The person applying for the license and registration tag shall pay to the Borough Clerk a fee as set forth in Chapter 169, Fees, for the licensing and registration of each dog and for the Pilot Clinic Fund as required by law. Each license and tag shall be renewed annually, and for each annual renewal, the fee for the license and for the registration tag shall be the same as for the original license and registration tag. Said licenses, registration tags and renewals thereof shall expire on the last day of January in each year.
B. 
In addition to the fee charged under Subsection A above, any person applying for such license and registration tag shall pay a fee as set forth in Chapter 169, Fees, for any dog of reproductive age which has not had its reproductive capacity permanently altered through sterilization. Proof of sterilization shall be presented in accordance with law and the rules and regulations promulgated by the New Jersey Department of Health.
C. 
Dogs used as guides for blind persons and commonly known as "seeing eye dogs" shall be licensed and registered as other dogs as hereinabove provided for, except that the owner or keeper of such dog shall not be required to pay any fee therefor.
A. 
License fees and other moneys collected or received under the provisions of this article, except registration tag fees, shall be forwarded to the Borough Treasurer within 30 days after collection or receipt.
B. 
Such fees and other moneys shall be placed in a separate account from any of the other accounts of the Borough and shall be used only for the purposes permitted by N.J.S.A. 4:19-15.11.
C. 
The registration tag fees shall be forwarded by the Clerk, within 30 days after collection, to the State Department of Health, as prescribed by N.J.S.A. 4:19-15.11.
License forms and uniform official metal registration tags designed by the State Department of Health shall be furnished by the Borough Clerk and shall be numbered serially and shall bear the year of issuance and the name of the Borough.
Proof of licensing shall be produced by any person owning, keeping, maintaining or harboring a dog, upon the request of any health official, police officer, animal control officer, or other authorized person.
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.
No person shall hinder, molest or interfere with anyone authorized or empowered to perform any duty under this article.
Opportunity will be given from time to time to every resident of the Borough of Maywood, New Jersey, owning or in possession of a dog or dogs, to have said dog or dogs inoculated with antirabic vaccine, one-injection method, as often as the Borough shall designate. The certificate of vaccination shall be presented to the Borough Clerk for registration immediately after vaccination. Inoculations provided by the Borough, free of charge, shall be made by such person or persons as the Borough shall designate. The Borough will not pay for inoculations made by veterinarians other than those designated by the Borough.
A. 
No person owning, keeping or harboring a dog shall permit or suffer it to do any injury or to do any damage or soil, defile or commit any nuisance upon any sidewalk of any public street, in any public building, any approach to such building from the street, in any public park, public playground or school playground or in any property of persons other than the owner, keeper or harborer of such dog; provided, however, that for the purpose of this section, the abovementioned restrictions shall not apply to that portion of the street lying between the curblines, which shall be used to curb said dog.
B. 
No person owning, keeping or harboring a dog shall permit or suffer it to enter upon or remain in any public building without the permission of the public body having control thereof or in any public park, public playground or school playground; provided, however, that for the purpose of this section, the abovementioned restrictions shall not apply to "seeing eye dogs" accompanying blind persons.
A. 
No person owning, keeping or harboring any dog shall suffer or permit it to be off his premises in the Borough unless securely confined and controlled by an adequate leash and accompanied by a person capable of controlling said dog.
B. 
Dogs shall be permitted to be unleashed once within the fenced confines of the dog park at Memorial Park. Those utilizing the dog park shall abide to the rules and regulations in § 161-30 et seq. of the Borough Code.
A. 
Repealer. All other ordinances of the Borough which are in conflict with this article are hereby repealed to the extent of such conflict.
B. 
Severability. If any part of this article shall be invalid, such parts shall be deemed severable and the invalidity thereof shall not affect the remaining part of this article.
Except as otherwise provided in this article, any person who violates or fails or refuses to comply with this article shall 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.