[Adopted as Ch. 6.08 of the 2003 Municipal Code]
For the purposes of this chapter, the following words shall have the meanings indicated:
ANIMAL CARE FACILITY
An animal control center or animal shelter maintained by or under contract with any state, county, or municipality, whose mission and practice is, in whole or significant part, the rescue and placement of animals in permanent homes or rescue organizations.
[Added 6-27-2016 by Ord. No. 2016-9]
ANIMAL RESCUE ORGANIZATION
Any not-for-profit organization which has tax exempt status under Section 501(c)(3) of the United States Internal Revenue Code,[1] whose mission and practice is, in whole or in significant part, the rescue and placement of animals in permanent homes.
[Added 6-27-2016 by Ord. No. 2016-9]
CAT
A member of the species of domestic cat, Felis catus.
[Added 6-27-2016 by Ord. No. 2016-9]
DOG
A member of the species of domestic dog, Canis familiaris.
[Amended 6-27-2016 by Ord. No. 2016-9]
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.
OFFER FOR SALE
To sell, offer for sale or adoption, advertise for the sale of, barter, auction, give away or otherwise dispose of a dog or cat.
[Added 6-27-2016 by Ord. No. 2016-9]
OWNER
When applied to the proprietorship of a dog, means and includes every person having a right of property in such dog and every person who has such dog in the person's keeping.
PET SHOP
A retail establishment where dogs and cats are sold, exchanged, bartered or offered for sale as pet animals to the general public at retail. Such definition shall not include an animal care facility or animal rescue organization, as defined.
[Amended 6-27-2016 by Ord. No. 2016-9]
POTENTIALLY DANGEROUS DOG
Any dog or dog hybrid declared potentially dangerous by a municipal court pursuant to L. 1989, c. 307, N.J.S.A. 4:19-17 et seq., and § 183-20.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
POUND
An establishment for the confinement of dogs seized under the provisions of this article or otherwise.
SHELTER
Any establishment where dogs are received, housed and given away.
STRAY DOG
A dog not known to have an owner.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
VICIOUS DOG
Any dog or dog hybrid declared vicious by a municipal court pursuant to L. 1989, c. 307, N.J.S.A. 4:19-17 et seq., and § 183-20.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[1]
Editor's Note: See 26 U.S.C. § 501(c)(3).
No person shall keep or harbor any dog within the Township without obtaining a license therefor, to be issued by the Township Clerk or by any other person as may be authorized from time to time by resolution of the Committee, upon application of the owner and payment of the prescribed fee. No person shall keep or harbor any dog in this Township except in compliance with the provisions of this article. Any person who shall own, keep or harbor a dog of licensing age shall apply for and procure from the Township Clerk or other authorized person a license and official metal registration tag for each such dog, and shall place upon each such dog a collar or harness with the registration tag fastened thereto.
Applicants for dog licenses and registration tags shall pay the fee in the amount set forth in Chapter 260, Fee Schedule, of the Code of the Township of Bordentown.
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 such acquisition or attainment of age. 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 recorded by the Township Clerk, who shall transmit the information to the State Department of Health each month on forms furnished by that Department. Registration numbers shall be issued in the order of the applications. The Clerk shall preserve dog license records for three years.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Dogs used as guide dogs or service dogs (as defined in N.J.S.A. 10:5-5) 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 dog temporarily placed in a foster home as part of a formalized training to be a guide dog or service dog shall not be required to be licensed and registered while the dog remains in the foster home for such training.
Any person who shall bring or cause to be brought into the Township 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 Township for a period of more than 90 days, shall immediately apply for a license and registration tag for each such dog, unless such dog be licensed under § 183-11.
No person except an enforcement officer in the performance of the officer's 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.
[Amended 6-27-2016 by Ord. No. 2016-9; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
Any person who keeps, operates or proposes to establish a kennel, pet shop, shelter or pound shall apply to the Township Clerk for a license entitling the operation of such an establishment in accordance with Chapter 214, Business Licenses.
B. 
Prior to issuance or renewal of such business license the Health Officer shall inspect the premises to be licensed for compliance with all applicable state and local laws and regulations governing sanitation, care and treatment of animals, and other matters relevant to proper operation of the premises. No license shall be issued or renewed unless the facility is in full compliance with such laws and regulations. The application for issuance or renewal of such license shall be accompanied by the inspection report.
C. 
Inspections of licensed premises may be made by the Health Officer at any time, upon complaint or at the request of any person, to assure continued compliance with all applicable laws and regulations.
D. 
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 to different premises.
E. 
Every pet shop licensed pursuant to this article shall submit annually to the Township, and no later than May 1 of each year, records of the total number of cats and dogs, respectively, sold by the pet shop, and the Township shall provide this information to the local health authority.[1]
[1]
Editor's Note: Original Sec. 6.08.080 of the 2003 Municipal Code, Kennels, pet shops, shelters and pounds—license fees, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Original Sec. 6.08.090 of the 2003 Municipal Code, Notice to state, which immediately followed this section, was repealed 6-27-2016 by Ord. No. 2016-9.
[Added 6-27-2016 by Ord. No. 2016-9]
A. 
A pet shop may offer for sale only those dogs and cats that the pet shop has obtained from or displays in cooperation with:
(1) 
An animal care facility; or
(2) 
An animal rescue organization.
B. 
A pet shop shall not offer for sale a dog or cat that is younger than eight weeks old.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
License fees and other moneys collected or received for the licensing of dogs, except registration tag fees and costs, fines and fees collected pursuant to L. 1989, c. 307, N.J.S.A. 4:19-17 et seq., shall be forwarded to the Township Treasurer within 30 days after collection or receipt and shall be placed in a special account separate from any of the other accounts of the Township, and shall be used for the following purposes only: for collecting, keeping and disposing of dogs and cats liable to seizure under this section; for local prevention and control of rabies; for providing anti-rabies treatment under the direction of the local Board of Health for any person known or suspected to have been infected with rabies; for 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 Township any amount then in such account which is in excess of the total amount paid into said special account during the last two fiscal years next preceding. The registration tag fees shall be forwarded within 30 days after collection by the Township Clerk to the State Department of Health. The costs, fines and fees collected pursuant to L. 1989, c. 307, N.J.S.A. 4:19-17 et seq., shall be deposited in a special account separate from any of the other accounts of the Township and shall be used by the Township to administer and enforce the provisions of L. 1989, c. 307, N.J.S.A. 4:19-17 et seq.[1]
[1]
Editor's Note: Original Sec. 6.08.120 of the 2003 Municipal Code, Annual canvass of dogs, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Animal Control Officers are authorized to go upon any premises to seize for impounding any dog or dogs which may be lawfully seized and impounded when such officer is in immediate pursuit of such dog or dogs, except upon the premises of the owner of the dog if the owner is present and forbids the same.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
Any stray dog, any dog found off the premises of the owner or person keeping or harboring the dog and without a current registration tag; and any bitch in season found off the premises of the owner or person keeping or harboring the bitch whether or not the bitch has a current registration tag; shall be subject to seizure and impoundment.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C. 
If any dog thus seized wears a collar or harness having inscribed thereon, or attached thereto, the name and address of any person or a registration tag, or the owner or the person keeping or harboring the dog is known, the Animal Control Officer shall forthwith serve on the person whose address is given on the collar, or on the owner or the person keeping or harboring said dog, if known, a notice in writing stating that the dog has been seized and will be subject to disposal as provided herein if not claimed within seven days after the service of the notice. A notice under this article 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 post in a prepaid letter addressed to that person at the person's usual or last known place of abode, or to the address given on the collar.
D. 
To claim a dog that has been seized and impounded, the owner or person keeping or harboring the dog must produce a license and registration tag for the dog and must pay all expenses incurred by reason of its impoundment, including reasonable actual maintenance costs of the dog.
E. 
The seizure and impoundment of dogs pursuant to L. 1989, c. 307, N.J.S.A. 4:19-17 et seq., and § 183-20 shall be governed by those statutory and ordinance provisions.
Any dog that has been impounded and unclaimed for seven days after notice, or for seven days after seizure when it is not possible to serve notice, shall be subject to disposal, except as may be otherwise required by L. 1989, c. 307, N.J.S.A. 4:19-17 et seq., and § 183-20. The Animal Control Officer may cause any dog subject to disposal to be humanely put to death in a manner causing the least possible pain to the dog.
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. so as to cause a disturbing noise.
No person owning, keeping or harboring any dog shall suffer or permit it to run at large upon the public streets or in any public park, or in any public building, or in any other public place within the Township, nor to be upon the public streets or in any of the public places of the Township 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.
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.
[Amended 5-21-2018 by Ord. No. 2018-18]
A. 
State law incorporated by reference. The state statute governing vicious or potentially dangerous dogs, N.J.S.A. 4:19-17 et seq., is hereby incorporated in this article by reference.
B. 
Licensing, registration and identification of potentially dangerous dogs.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(1) 
The owner of a dog declared potentially dangerous pursuant to N.J.S.A. 4:19-23 shall apply to the Township Clerk for a potentially dangerous dog license, municipal registration number and red identification tag. The Township Clerk shall issue the same upon written verification from the Municipal Animal Control Officer that the owner has complied with the registration conditions pursuant to N.J.S.A. 4:19-24. The owner shall annually renew said potentially dangerous dog license.
(2) 
The annual fee for issuance of a potentially dangerous dog license shall be in the amount set forth in Chapter 260, Fee Schedule, of the Code of the Township of Bordentown and shall be prorated for periods less than one full year.
C. 
Telephone number for reporting violations of N.J.S.A. 4:19-17 et seq. The Township Clerk shall publicize a telephone number for reporting violations of the Act, establishing requirements for owners of vicious and potentially dangerous dogs, N.J.S.A. 4:19-17 et seq., and shall forward this number to the State Department of Health.
A. 
No person in the Township shall own, possess, harbor or have in custody any dog of licensing age unless such dog has been vaccinated or inoculated against rabies by a licensed veterinarian, such vaccination or inoculation to consist of anti-rabies vaccine of standard and accepted quality and formula. Such vaccination or inoculation shall be repeated annually thereafter. Where a dog has been vaccinated or inoculated with an avianized vaccine, then such dog shall be vaccinated or inoculated once every two years from the date of the avianized vaccine or inoculation.
B. 
Each owner shall obtain from the veterinarian who vaccinates or inoculates the dog against rabies, a certificate showing the date of such vaccination or inoculation, the kind of vaccination or inoculation, a description of the dog, the name and address of the owner thereof, and a rabies tag indicating that the dog has been vaccinated or inoculated against rabies and indicating the year of such vaccination or inoculation. The certificate shall be presented upon the licensing of the dog for verification.[1]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[1]
Editor's Note: Original Sec. 6.08.200 of the 2003 Municipal Code, Control of dog defecation, amended 2-8-2005 by Ord. No. 2005-2, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I). See now Ch. 410, Art. IV, Pet Waste.