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, 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)]
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.
No dog in a kennel, pet shop, shelter or pound shall be permitted
off the premises, except on a leash, in a crate, or otherwise under
safe control.
[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.
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.