[5-16-2022 by Ord. No. 2022-09[1]]
As used in this article, the following terms shall have the
meanings indicated:
Any member of the canine species, male, female or altered.
Any dog which has attained the age of seven months or which
possesses a set of permanent teeth.
A fence which is designed to contain dogs within its boundaries
by using a hidden electronic signal intended to contain the dog within
the electronic boundaries of the fence.
Any person exercising control over a dog or permitting a
dog to remain on premises under his control.
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, includes every
person having a right of property in such dog and every person who
has such dog in his keeping.
Any place of business which is not part of a kennel, wherein
animals, including, but not limited to, dogs, cats, birds, fish, reptiles,
rabbits, hamsters or gerbils, are kept or displayed chiefly for the
purpose of sale to individuals for personal appreciation and companionship
rather than for business or research purposes.
Any dog or dog hybrid which has been declared by a Municipal
Judge to be potentially dangerous.
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.
[1]
Editor's Note: This ordinance also repealed former Art. 5-1,
Dogs, 1991 Code § 87-1 et seq., as amended.
[5-16-2022 by Ord. No.
2022-09]
A.
License, when required. Licenses shall be required for the following
dogs of licensing age:
(1)
Any dog owned or kept within the Borough by a resident of the Borough
on the first day of January of any calendar year.
(2)
Any dog acquired by any person during the course of any calendar
year and kept within the Borough for more than 30 days after acquisition.
(3)
Any dog attaining licensing age during the course of the calendar
year.
(4)
Any unlicensed dog brought into the Borough by any person and kept
within the Borough for more than 30 days.
(5)
Any dog licensed by another state brought into the Borough by any
person and kept within the Borough for more than 90 days.
B.
Application for License.
(1)
Each application for a license under this article shall give the
following information:
(a)
A general description of the dog sought to be licensed, including
breed, sex, age, color and markings, and whether such dog is of a
long- or short-haired variety.
(b)
The name, street and post office address of the owner of, and
the person who shall keep or harbor, such dog.
(c)
Proof of the dog's inoculation against rabies. The proof
of inoculation against rabies must be valid through October 31 of
the licensing year.
(2)
Registration numbers shall be issued in the order in which applications
are received.
C.
Application for Annual 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 January 31 of each calendar year. In all other cases, the application for a license shall be made within 30 days of the day upon which the dog in question first becomes subject to the provisions of this section.
D.
License Record. The information on all applications under this article
and the registration number issued to each licensed dog shall be preserved
for a period of three years by the Board of Health. In addition, it
shall forward similar information to the State Department of Health
each month on forms furnished by the Department.
E.
Fees. The person applying for a license shall pay a fee of $10.80
for each dog, shall also pay $1.20 for the registration tag (Pilot
Clinic Fee) for each dog, and an additional fee of $3 for any dog
of reproductive age which has not had its reproductive capacity permanently
altered through sterilization. Any dog owner claiming to be exempt
from the payment of the additional fee of $3 shall provide a copy
of a veterinarian's certificate, or a notarized statement by
the owner, of the animal's neutering. The fees of $1.20 and additional
fee of $3, when collected, shall be forwarded to the State Treasurer
as provided by law. The same fee shall be charged for the annual renewal
of each license and registration tag. If application shall not be
made within the time limit set forth herein above, there shall also
be a late charge per license, as follows. If application is made:
F.
Expiration Date. Each dog license and registration tag shall expire
on December 31 of the calendar year in which it was issued.
G.
Exceptions.
(1)
The provisions of this section shall not apply to any dog licensed under § 5-1-3 of this article. Dogs used as guides for blind persons and commonly known as "seeing eye" 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.
(2)
Any valid license issued by another New Jersey municipality for the
current year shall be accepted as evidence of compliance and no Hightstown
Borough license must be issued.
H.
Loss of License. If a license tag has been misplaced or lost, the
licensing official may issue a duplicate license for that particular
dog at a fee of $1.
I.
Limitation on Number of Dogs. No more than two dogs of licensing
age shall be owned by or kept by any one family group. "Family group,"
as used herein, shall mean all persons occupying one dwelling unit.
[5-16-2022 by Ord. No.
2022-09]
A.
License Required. Any person who keeps or operates or proposes to
establish a pet shop shall apply to the Board of Health for a license
entitling him to keep or operate such establishment. Any person holding
such license shall not be required to secure individual licenses for
dogs owned by such licensee and kept at such establishments; such
licenses shall not be transferable to another owner or different premises.
B.
Application Information. The 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 purposes for which it is to be maintained.
(4)
The maximum number of dogs to be accommodated by such establishment
at any one time.
C.
Approval of Health Officer. No license shall be issued until the
proposed licensee submits a written statement from the Health Officer
of the Board of Health that the establishment or proposed establishment
complies with local and state rules governing the location of and
sanitation at such establishment.
D.
License Term. All licenses issued for a pet shop shall state the
purpose for which the establishment is maintained, and all such licenses
shall expire on the last day of December of each year.
E.
License Fees. The annual license fees for pet shop licenses shall
be $50.
F.
Compliance with State Regulations.
(1)
All licenses issued for a pet shop shall be subject to revocation
by the Borough Council on recommendation of the State Department of
Health or the Board of Health for failure to comply with the rules
and regulations of the State Department of Health or the Board of
Health, after the owner has been afforded a hearing by either the
State Department of Health or the Board of Health.
(2)
Any person holding a license to establish, keep or operate pet shop
shall comply with all Borough ordinances and the rules and regulations
promulgated by the State Department of Health governing the sanitary
conduct and operation of pet shops, the preservation of sanitation
therein, and the prevention of the spread of rabies and other diseases
of dogs within and from such establishments.
G.
Reports to State Health Department. The Board of Health shall forward
to the State Department of Health a list of all pet shops licensed
within 30 days after the licenses therefor are issued, which list
shall include the name and address of the licensee and the kind of
license issued.
H.
Control of Dogs Off Premises. No dog kept in a pet shop shall be
permitted off such premises, except on a leash or in a crate or other
safe control.
I.
Plan Review Required. Any person proposing to locate and operate
a new pet shop after July 1, 2022, shall submit a plan review application
to the Board of Health for approval.
J.
Plan Review Fee. The Board of Health plan review fee for a pet shop
shall be $425.
[5-16-2022 by Ord. No.
2022-09]
A.
License fees and other moneys collected or received under the provisions
of this article, except the registration tag fees, shall be forwarded
to the Borough Finance Department 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 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 statutes
of New Jersey governing the subject; and for administering the provisions
of this article. 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.
B.
The registration tag fee for each dog shall be forwarded within 30
days after collection by the Borough Clerk to the State Department
of Health.
[5-16-2022 by Ord. No.
2022-09]
Any person appointed for the purpose by the governing body of
the municipality, shall, at the direction of the governing body, cause
a canvass to be made of all dogs owned, kept or harbored within the
limits of their respective municipalities and shall report, on or
before September 1 of the year in which the census is taken, to the
clerk or other person designated to license dogs in the municipality
and to the local board of health, and to the State Department of Health
the result thereof, setting forth in separate columns the names and
addresses of persons owning, keeping or harboring unlicensed dogs,
the number of unlicensed dogs owned, kept or harbored by each of said
persons, together with a complete description of each of said unlicensed
dogs.
[5-16-2022 by Ord. No.
2022-09]
A.
Complaints and Investigation. It shall be the duty of the Police Department and the Animal Control Officer to receive and investigate complaints against dogs. If they reasonably believe any dog complained of to have rabies or to be a vicious dog, or potentially dangerous dog, as defined in § 5-1-1, they shall report their findings in writing to a Municipal Judge.
(1)
The Animal Control Officer shall notify the Municipal Judge and the
Municipal Health Officer immediately that he/she has seized and impounded
a dog pursuant to this article, or that he/she 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 this article. 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 this article, 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/she
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.
Destruction of Rabid Dogs; Notice.
(1)
All dogs noticeably infected with rabies and displaying vicious propensities
may be killed by the Animal Control Officer or other authorized persons,
without notice to the owner. The owner shall be notified of such killing
within three days as to the reason for the killing.
(2)
If a dog is believed to have rabies or has been bitten by a dog suspected
of having rabies, such dog shall be confined by a leash or chain on
the owner's premises and shall be placed under the observation
of a veterinarian at the expense of the Borough for a period of two
weeks.
(3)
It shall be unlawful for any person knowing or suspecting that a
dog has rabies to allow such dog to be taken off his premises or beyond
the limits of the Borough without the written permission of the Animal
Control Officer or any other authorized persons. Every owner, or other
person, upon ascertaining a dog rabid, shall immediately notify the
Animal Control Officer, a policeman or any other authorized persons,
who shall either remove the dog to the pound or summarily destroy
it.
[5-16-2022 by Ord. No.
2022-09]
A.
Causes for Impounding. The Animal Control Officer 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 provisions
of this article.
(2)
Any dog off the premises of the owner of or the person keeping or
harboring such dog which the Animal Control Officer or his agent has
reason to believe is a stray dog.
(3)
Any dog off the premises of the owner of or the person keeping or
harboring such dog without a current registration tag on its collar.
(4)
Any female dog in season off the premises of the owner of or the
person keeping or harboring such dog.
(5)
Any dog which has been determined to be a vicious dog or a potentially dangerous dog as provided in § 5-1-6, provided that such dog may also be seized by any police officer, and provided further that, if such dog cannot be seized with safety, it may be killed.
(6)
Any dog or other animal which is suspected to be rabid.
(7)
Any dog or other animal off the premises of the owner reported or
observed by the Animal Control Officer to be ill, injured or creating
a threat to the public health, safety and welfare or otherwise interfering
with the enjoyment of property.
(8)
Any dog or dog hybrid which the Animal Control Officer has reasonable
cause to believe has attacked a person or caused death or serious
bodily injury as defined in N.J.S.A. 2C:11-1(b) to that person; or
has 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; or has engaged in dog fighting activities
as described in N.J.S.A. 4:22-26; or has been trained, tormented,
badgered, baited or encouraged to engage in unprovoked attacks upon
persons or domestic animals.
(9)
Any dog off the premises of the owner or of the person keeping or
harboring the dog which is not controlled by a leash or chain as provided
in this article.
B.
Access to Premises. Any officer or agent authorized or empowered
to perform any duty under this article 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 it.
C.
Authorized Enforcement Agents; Interference with Official Duties.
This article may be enforced by any representative of the Code Enforcement
Office of the Borough, any member of the Borough's Police Department,
or the Animal Control Officer. No person shall hinder, molest, or
interfere with anyone authorized or empowered to perform any duty
under this article.
D.
Notice of Seizure.
(1)
If any dog so impounded or seized wears a registration tag, collar
or harness having inscribed thereon or attached thereto the name and
address of any person, or if the owner of or the person keeping or
harboring the dog is known, the Animal Control Officer 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 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.
E.
Disposition of Unclaimed Dogs. The Animal Control Officer or his
authorized representative, including an authorized kennel, is empowered
to cause the destruction, in as humane a manner as possible, of any
dog or other animal seized by him or otherwise coming into his possession,
under any of the following circumstances:
(1)
When any dog or other animal has not been claimed by the person owning, keeping or harboring same within seven days after notice or within seven days of the animal's detention when notice cannot be given to the person owning, keeping or harboring the dog or other animal in accordance with Subsection D and the administrative fee as provided in Subsection F has not been paid.
(2)
When any dog is unlicensed at the time it is seized or otherwise
comes into the possession of the Animal Control Officer, and the person
owning, keeping or harboring such dog has not produced a current license
and registration tag as provided in this article.
F.
Administrative and Impound Shelter Services Fee. When a dog or other
animal has been seized by or otherwise comes into the possession of
the Animal Control Officer, there must be paid an administrative fee
and an impound shelter services fee if the dog or other animal has
been transported to the impound shelter, which is hereby established.
The administrative and impound shelter services fee shall be payable
to the Borough in the following manner:
(1)
The administrative fee for the return of a dog or other animal shall
be $60 per animal. The shelter services fee shall be $75 if the animal
is redeemed by its owner within 24 hours from entering the facility.
If the animal is not redeemed by its owner within 24 hours, the shelter
service fee shall be $250 per animal.
(2)
If the dog or other animal is redeemed from the impounding shelter
by the person owning, keeping, or harboring the animal, the Borough
of Hightstown will mail, via certified mail, the resident a bill consisting
of the administrative fee of $60, plus the shelter service fee of
either $75 or $250, depending on the animals' length of stay
at the facility. This bill shall be payable within 15 days of the
date of the certified mailing, or else the Borough Code Enforcement
Officer will issue a summons for failure to pay the fee.
[5-16-2022 by Ord. No.
2022-09]
A.
Notice; Hearing. The Municipal Judge shall notify in writing the
owner or keeper of an allegedly vicious or potentially dangerous dog
that a complaint has been made and require the person to appear before
him at a stated time and place for a hearing.
B.
Findings to Declare Dog Vicious; Grounds.
(1)
The Municipal Judge shall declare the dog vicious if it finds by
clear and convincing evidence that the dog:
(2)
A dog shall not be declared vicious for inflicting death or serious
bodily injury, as defined in N.J.S.A. 2C:11-1(b), upon a person if
the dog was provoked. The municipality 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 dog shall
be destroyed in a humane and expeditious manner, except that no dog
may be destroyed during the pendency of an appeal.
[5-16-2022 by Ord. No.
2022-09]
A.
The Municipal Judge shall declare a dog to be potentially dangerous
if it finds by clear and convincing evidence that the dog:
(1)
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 bodily
injury or death to a person; or
(3)
Has been trained, tormented, badgered, baited or encouraged to engage
in unprovoked attacks upon persons or domestic animals.
[5-16-2022 by Ord. No.
2022-09]
No person owning or keeping a vicious dog shall permit the dog
to be off the property of the owner or keeper without being securely
muzzled.
[5-16-2022 by Ord. No.
2022-09]
If the Municipal Judge 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 Municipal Clerk or other official
designated to license dogs pursuant to N.J.S.A. 4:19-15.2, 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 A(3) of this section;
(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 municipality in which the owner resides 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.
[5-16-2022 by Ord. No.
2022-09]
The owner of the dog, or the Animal Control Officer in the municipality
in which the dog was impounded, may appeal any final decision, order,
or judgment, including any conditions attached thereto, of a Municipal
Court pursuant to N.J.S.A. 4:19-17 et seq. by filing an appeal with
the Superior Court, Law Division, in accordance with the Rules Governing
the Courts of the State of New Jersey pertaining to appeals from courts
of limited jurisdiction. The Superior Court shall hear the appeal
by conducting a hearing de novo in the manner established by those
rules for appeals from courts of limited jurisdiction.
[5-16-2022 by Ord. No.
2022-09]
A.
If a dog is declared vicious or potentially dangerous, and all appeals
pertaining thereto have been exhausted, the owner of the dog shall
be liable to the municipality in which the dog is impounded for the
costs and expenses of impounding and destroying the dog. The municipality
may establish by ordinance a schedule of these costs and expenses.
The owner shall incur the expense of impounding the dog in a facility
other than the municipal pound, regardless of whether the dog is ultimately
found to be vicious or potentially dangerous.
B.
If the dog has bitten or exposed a person within 10 days previous
to the time of euthanasia, its head shall be transported to the New
Jersey State Department of Health laboratory for rabies testing.
[5-16-2022 by Ord. No.
2022-09]
If the Municipal Judge finds that the dog is not vicious or
potentially dangerous, the Municipal Court shall retain the right
to convene a hearing to determine whether the dog is vicious or potentially
dangerous for any subsequent actions of the dog.
[5-16-2022 by Ord. No.
2022-09]
The owner of a potentially dangerous dog shall:
A.
Comply with the provisions 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;
B.
Notify the licensing authority, local Police Department or force,
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, local Police Department or force,
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 pursuant to N.J.S.A. 4:19-15.3,
pay a potentially dangerous dog license fee in the amount of $500
to the municipality as provided by N.J.S.A. 4:19-31.
[5-16-2022 by Ord. No.
2022-09]
Except as otherwise provided in this article, any person who
violates, or who fails, or refuses to comply with this article shall
be liable for a penalty of not more than $1,000 and six months'
imprisonment, or both, for each offense, to be recovered by and in
the name of the local Board of Health, or by and in the name of the
municipality, and each day's continuance of the violation shall
constitute a separate and distinct violation. The Municipal Court
shall have jurisdiction to enforce this section. An Animal Control
Officer is authorized to seize and impound any potentially dangerous
dog whose owner fails to comply with the provisions of N.J.S.A. 4:19-17
et seq., or any rule or regulation adopted pursuant thereto, or a
court's order. The Municipal Court may order that the dog so
seized and impounded be destroyed in an expeditious and humane manner.
[5-16-2022 by Ord. No.
2022-09]
Each municipality shall:
A.
Issue a potentially dangerous dog registration number and red identification
tag along with a municipal potentially dangerous dog license upon
a demonstration of sufficient evidence by the owner to the Animal
Control Officer that he has complied with the court's orders.
The last three digits of each potentially dangerous dog registration
number issued by a municipality will be the three-number code assigned
to that municipality in the regulations promulgated pursuant to N.J.S.A.
4:19-33. The Animal Control Officer shall verify, in writing, compliance
to the Municipal Clerk or other official designated to license dogs
in the municipality.
B.
Publicize a telephone number for reporting violations of this article.
This telephone number shall be forwarded to the State of New Jersey
Department of Health, and any changes in this number shall be reported
immediately to the State of New Jersey Department of Health.
[5-16-2022 by Ord. No.
2022-09]
No person shall own, keep or harbor a dog in the Borough except
in compliance with the provisions of this article and the following
regulations:
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 such 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.
Disturbing the Peace. No person shall own, keep, harbor or maintain
any dog which habitually barks or cries between the hours of 8:00
p.m. and 8:00 a.m.
E.
Running at Large. No person owning, keeping or harboring any dog
shall suffer to permit it to run at large outside the premises of
the owner unless the dog is restrained by a fence, enclosure or leash
or an electronic fence has been installed on the property and an individual
at least 12 years of age is present on the premises at all times the
dog remains outside.
F.
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 such 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 or suffer it to do any injury or to do any damage to any lawn,
shrubbery, flowers, grounds or property not belonging to the owner
or to cause injury to any livestock, person or domestic animal.
H.
Electronic fences, as defined in § 5-1-1, may be installed on a property. Electronic fences shall comply with the following requirements:
(1)
Electronic fences installed after September 1, 2004, may be installed
no closer to the front property line than the front of the existing
structure of the home.
(2)
Electronic fences are prohibited in the front yards of any property
unless they were installed prior to September 1, 2004.
(3)
Any electronic fences that were properly installed in the front yards
of properties as of September 1, 2004, may remain, provided that there
are permanent signs next to the driveway and at any sidewalk leading
directly to the house indicating that the property has an electronic
fence.
[5-16-2022 by Ord. No.
2022-09]
The Borough Council may, by proclamation, require all dogs and
cats to be quarantined during such period in each year as may seem
advisable to the Borough Council.
[5-16-2022 by Ord. No.
2022-09]
A.
Penalty. Except as otherwise provided in this article, any person
who violates or fails or refuses to comply with this article shall
be liable for a penalty of up to $1,000 and six months' imprisonment,
or both.
B.
The Borough Council and/or the Board of Health shall have the power
to appoint an Animal Control Officer, whose duty it shall be to enforce
the provisions of this article. The Borough Council and/or the Board
of Health shall also have the power to appoint one or more persons,
to be known as "dog catchers," who may impound unlicensed dogs running
at large in violation of the provisions of this article and who shall
make a monthly and annual report to the Borough Council.
