[New; Ord. No. 45-13 § 1]
As used in this section, the following terms shall have the meanings indicated:
DOG
Shall mean male or female dog, bitch or spayed bitch.
DOG OF LICENSING AGE
Shall mean any dog which has attained the age of six (6) months or which possesses a set of permanent teeth.
HOUSEHOLD
Shall mean individuals living together in a single dwelling unit with common access to and common use of all living and eating areas and all areas and facilities for the preparation and storage of food within the dwelling unit.
OWNER
When applied to the proprietorship of a dog, shall mean every person having a right of property in such dog and every person who harbors or has such dog in his keeping.
[Ord. No. 41-7; Ord. No. 45-13 § 1; amended 11-21-2023 by Ord. No. 67-69]
Any person who shall own, keep or harbor a dog of licensing age in the City shall, each year, apply for and procure from the Licensing Inspector or his or her designated agent 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. Said licenses shall expire on May 31st of each year and shall be renewed during the month of June. Licenses not renewed by July 1st shall be subject to a $5.00 late fee.
[Ord. No. 41-7; amended 11-21-2023 by Ord. No. 67-69]
No dwelling unit may hold licenses for more than or keep more than, three (3) dogs at any one time. Puppies under the age of six months are exempt from regulation by this section.
[New]
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 ten (10) days after such acquisition or age attainment.
[New]
a. 
Any person who shall bring or cause to be brought into the City any dog licensed in another State for the current year and bearing a registration tag and who shall keep the same or permit the same to be kept within the City for a period of more than ninety (90) days shall immediately apply for a license and registration tag for each such dog.
b. 
Any person who shall bring or cause to be brought into the City any unlicensed dog of licensing age and who shall keep the same or permit the same to be kept within the City for a period of more than ten (10) days shall immediately apply for a license and registration tag for each such dog.
[New]
Only one (1) license and registration tag shall be required in any licensing year for any dog owned in New Jersey, and a license and tag issued by any other municipality of this State shall be accepted by the City as evidence of compliance with the provisions thereof.
[New; Ord. No. 45-13 § 1; Ord. No. 52-47 § 1; Ord. No. 56-13]
a. 
Except as otherwise provided in paragraph b of this subsection, the person applying for the license and registration tag shall pay to the City of Linden a fee of eight dollars and eighty ($8.80) cents for the licensing of each dog and the additional sum fixed by State law for the registration of each dog. For each annual renewal, the fee for the license and for the registration tag shall be the same as for the original license and tag. The licenses, registration tags and renewals thereof shall expire on the last day of April each year.
b. 
Dogs used as guides for blind persons and commonly known as "Seeing Eye" dogs shall be licensed and registered as other dogs as provided for by paragraph a of this subsection, except that the owner or keeper of such dog shall not be required to pay any fee therefor.
[New]
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 to a dog for which it was not issued.
[New: Ord. No. 46-43 § 1; Ord. No. 52-34; Ord. No. 56-16]
a. 
No person owning or keeping any dog shall permit it to be or to run at-large upon any public street, place or building or upon premises other than those of the owner of such dog within the City, unless such dog shall be securely confined and controlled by an adequate leash not more than six (6) feet long. The provisions of this section shall not apply to any property or park designated as a "dog park" by the City of Linden Department of Public Property and Community Services.
b. 
No person owning or keeping any dog shall permit it to be or to run at-large in any public park, nor shall any person owning or keeping a dog permit it, whether on leash or running at-large, in any public park in the City where the Department of Public Property and Community Services has posted signs prohibiting dogs in such park. The provisions of this section shall not apply to any property or park designated as a "dog park" by the City of Linden.
[New; Ord. No. 45-13 § 1]
The Chief of Police, License Inspector or such other person appointed for the purpose by the City Council, shall annually cause a canvass to be made of all dogs owned, kept or harbored within the limits of the City. He/she shall report on or before September 1 of each year, the results of the canvass to the local Board of Health and to the State Department of Health, by setting forth in separate columns the names and addresses of persons owning, keeping or harboring such dogs; the number of licensed dogs owned, kept or harbored by each person; and the number of unlicensed dogs owned, kept or harbored by each person, together with a complete description of each of the unlicensed dogs.
[New]
The Chief of Police or any member of the Police Department acting under his direction or the Animal Control Officer, the Humane Society or its designated agent, authorized or employed for the purpose by the City Council may take into custody and impound or cause to be taken into custody and impounded, any dog off the premises of the owner or of the person keeping or harboring the dog, or any dog believed to be a stray.
[New]
Any officer or agent authorized or empowered to perform any duty under this section is authorized to go upon any premises to seize for impounding any dog or dogs which he may lawfully seize and impound when he 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.
[New]
No person shall hinder, molest or interfere with anyone authorized or employed to perform any duty under this section.
[New]
No person shall keep, harbor or maintain any dog which habitually barks, howls, whines or cries between the hours of 9:00 p.m. and 6:00 a.m. or which, by frequent barking, howling, whining or crying, disturbs the peace, comfort or quiet of the neighborhood, thereby creating or maintaining a nuisance.
a. 
If any dog seized as provided in subsection 5-1.11 wears a collar or harness having inscribed or attached thereto the name and address of any person or a registration tag or if the owner or the person keeping or harboring the dog is otherwise known, any officer or agent authorized or employed to perform the duties prescribed in this section shall forthwith serve or cause to be served on the person whose address is given on the collar or on the owner or on the person keeping or harboring the dog, if known, a notice, in writing, stating that the dog has been seized and will be liable to be disposed of if not claimed within seven (7) days after the service of the notice.
b. 
The notice referred to in paragraph a of 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 residence 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 residence or to the address given on the collar.
c. 
When any dog seized in accordance with the provisions hereof has been detained for seven (7) days after notice, when notice can be given as above set forth, or has been detained for seven (7) days after seizure, when notice has not been and cannot be given as above set forth, and if the owner or person keeping or harboring the dog has not claimed the dog and paid all expenses incurred by reason of its detention, including maintenance not exceeding one ($1.00) dollar per day, and if the dog is unlicensed at the time of the seizure and the person keeping or harboring the dog has not produced or obtained a license and registration tag for the dog, the dog may be placed for adoption or disposed of pursuant to law. Any redemption of a dog pursuant to the provisions of this section shall not be deemed to discharge or release the owner thereof from the penalties prescribed in Section 5-4 for any violation of this section.
[1]
Editor's Note: Prior ordinance history includes portions of 1979 Code § 6-4.7 and Ordinance No. 46-43.
[Ord. No. 49-77 § I]
The purpose of this section is to establish requirements for the proper disposal of pet solid waste in the City of Linden, so as to protect public health, safety and welfare, and to prescribe penalties for failure to comply.
[Ord. No. 49-77 § II]
For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
IMMEDIATE
Shall mean that the pet solid waste is removed at once, without delay.
OWNER/KEEPER
Shall mean any person who shall possess, maintain, house or harbor any pet or otherwise have custody of any pet, whether or not the owner of such pet.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
PET
Shall mean a domesticated animal (other than a disability assistance animal) kept for amusement or companionship.
PET SOLID WASTE
Shall mean waste matter expelled from the bowels of the pet; excrement.
PROPER DISPOSAL
Shall mean placement in a designated waste receptacle, or other suitable container, and discarded in a refuse container which is regularly emptied by the municipality or some other refuse collector; or disposal into a system designed to convey domestic sewage for proper treatment and disposal.
[Ord. No. 49-77 § III]
All pet owners and keepers are required to immediately and properly dispose of their pet's solid waste deposited on any property, public or private, not owned or possessed by that person.
[Ord. No. 49-77 § IV]
Any owner or keeper who requires the use of a disability assistance animal shall be exempt from the provisions of this section while such animal is being used for that purpose.
[Ord. No. 49-77 § V]
The provisions of this section shall be enforced by the Police Department and the local Board of Health of the City of Linden.
[Ord. No. 49-77 § VI]
Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine not to exceed one thousand two hundred fifty ($1,250.00) dollars, imprisonment in the County jail up to ninety (90) days, or ninety (90) days community service in the discretion of the Municipal Judge.
[Amended in entirety 6-21-2022 by Ord. No. 66-37; Prior history includes Ord. No. 41-7.]
[Added 6-21-2022 by Ord. No. 66-37]
As used in this section:
ANIMAL CONTROL OFFICER
Means a certified municipal Animal Control Officer or, in the absence of such an officer, the chief law enforcement officer of the municipality or his designee.
DEPARTMENT
Means the Department of Health.
DOG
Means any dog or dog hybrid.
DOMESTIC ANIMAL
Means any cat, dog, or livestock other than poultry.
POTENTIALLY DANGEROUS DOG
Means any dog or dog hybrid declared potentially dangerous by a municipal court pursuant to section 7 of P.L. 1989, c.307 (C. 4:19-23).
VICIOUS DOG
Means any dog or dog hybrid declared vicious by a municipal court pursuant to section 6 of P.L. 1989, c.307 (C. 4:19-22).
[Added 6-21-2022 by Ord. No. 66-37]
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. 2C:11-1(b) to that person;
b. 
Caused bodily injury as defined in N.J.S. 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.
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.
[Added 6-21-2022 by Ord. No. 66-37]
a. 
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 Subsection 5-3.2 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 section 3 of P.L. 1989, c.307. If its owner cannot be identified within seven days, that dog may be humanely destroyed.
b. 
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 subsection 5-3.2, 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.
[Added 6-21-2022 by Ord. No. 66-37]
a. 
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;
b. 
A dog shall not be declared vicious for inflicting death or serious bodily injury upon a person if the dog was provoked. The municipality shall bear the burden of proof to demonstrate that the dog was not provoked.
c. 
If the municipal court declares a dog to be vicious, and no appeal is made of this ruling pursuant to section 9 of P.L. 1989, c.307 (C.4:19-25), the court may order:
1. 
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 section 8 of P.L. 1989, c.307 (C. 4:19-24) and section 12 of P.L. 1989, c.307 (C.4:19-28); or
2. 
The dog to be euthanized in a humane and expeditious manner, except that no dog may be euthanized during the pendency of an appeal.
d. 
As used in this section, "serious bodily injury" means serious bodily injury as defined in subsection b. of N.J.S.2C:11-1.
[Added 6-21-2022 by Ord. No. 66-37]
a. 
The municipal court shall declare a dog to be potentially dangerous if it finds by clear and convincing evidence that the dog:
1. 
Caused bodily injury to a person during an unprovoked attack, and poses a serious threat of serious bodily injury or death to a person;
2. 
Caused serious bodily injury to another domestic animal or killed another domestic animal, and
(a) 
Poses a serious threat of serious bodily injury or death to a person, or
(b) 
Poses a serious threat of death to another domestic animal;
b. 
A dog shall not be declared potentially dangerous for:
1. 
Causing bodily injury to a person if the dog was provoked;
2. 
Causing serious bodily injury to, or killing, a domestic animal if the domestic animal was the aggressor;
3. 
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;
4. 
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
5. 
Causing bodily injury to a person who was intervening between two or more dogs engaged in aggressive behavior or fighting.
For the purposes of paragraph b1 above, the municipality shall bear the burden of proof to demonstrate that the dog was not provoked.
c. 
As used in this section, "bodily injury" means bodily injury as defined in subsection a. of N.J.S.2C:11-1; and "serious bodily injury" means serious bodily injury as defined in subsection b. of N.J.S.2C:11-1.
[Added 6-21-2022 by Ord. No. 66-37]
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 municipal clerk or other official designated to license dogs pursuant to section 2 of P.L. 1941, c.151 (C. 4:19-15.2), for a special municipal potentially dangerous dog license, pay an annual fee of $700, municipal registration number, and red identification tag issued pursuant to section 14 of this act. 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 paragraph 3 below;
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.
[Added 6-21-2022 by Ord. No. 66-37]
If the municipal court 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.
[Added 6-21-2022 by Ord. No. 66-37]
The owner of a potentially dangerous dog shall:
a. 
Comply with the provisions of P.L. 1989, c.307 (C. 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 section 3 of P.L. 1941, c. 151 (C. 4:19-15.3), pay a potentially dangerous dog license fee to the municipality as provided by subsection 5-3.6.
[Added 6-21-2022 by Ord. No. 66-37]
The owner of a potentially dangerous dog who is found by clear and convincing evidence to have violated this act, or any rule or regulation adopted pursuant thereto, or to have failed to comply with a court's order shall be subject to a fine of not more than $1,000 per day of the violation, 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 P.L. 1989, c.307 (C. 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.
[Added 6-21-2022 by Ord. No. 66-37]
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 section 17 of P.L. 1989, c.307 (C. 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 act. This telephone number shall be forwarded to the department and any changes in this number shall be reported immediately to the department.
[Added 6-21-2022 by Ord. No. 66-37]
The Animal Control Officer shall inspect the enclosure and the owner's property at least monthly to determine continuing compliance with subsection 5-3.6a2 and 3.
[Ord. No. 41-7; amended 6-21-2022 by Ord. No. 66-38]
Any person who shall violate the provisions of subsection 5-1.2 shall be liable to a penalty of not less than five ($5.00) dollars nor more than fifty ($50.00) dollars for the first offense, and not less than twenty-five ($25.00) dollars nor more than fifty ($50.00) dollars for each subsequent offense, to be recovered in the manner provided by N.J.S.A. 4:19-15.19 et seq. Any person who shall violate any other provision of this chapter shall subject to the provisions of subsection 1-5.1 of the General Ordinances of the City of Linden.
[1]
Editor's Note: See also Section 19-2, Wildlife Feeding.
[Ord. No. 60-64]
The purpose of this section is to prohibit the feeding of unconfined wildlife and stray animals on any public or private property so as to protect the public health, safety and welfare and to prescribe penalties for failure to comply.
[Ord. No. 60-64]
FEED
Shall mean to give, place, expose, deposit, distribute or scatter any edible material with the intention of feeding, attracting or enticing wildlife or stray animals. Feeding does not include baiting in the legal taking of fish and/or game.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association or political subdivision of the State subject to municipal jurisdiction.
STRAY ANIMAL
Shall mean a domestic animal that has strayed or is lost.
WILDLIFE
Shall mean all animals that are neither human or domesticated, shall include but not be limited to pigeons, waterfowl, feral cats, raccoons, skunks or groundhogs.
a. 
The feeding of and/or providing harborage for stray animals is prohibited.
b. 
The feeding of privately owned animals in such a manner as to create unsanitary conditions, attract vermin or be potentially detrimental to health or create a public health nuisance is prohibited.
[Ord. No. 60-64]
No person shall feed any wildlife or domestic stray animals on any property, public or private within the City of Linden.
This prohibition shall not apply to the feeding of song birds provided feeding of song birds is in compliance with subsection 5-5.4.
[Ord. No. 60-64]
Feeding of songbirds shall be permitted outdoors at such times and such manner that:
a. 
Such feeding does not create an unreasonable disturbance that affects the right of surrounding property owners and renders other persons unsecure in the use of their property;
b. 
Does not create an accumulation of dropping on the property and/or surrounding properties;
c. 
Does not become an attractant for rodents and other wild animals; and
d. 
Bird feeders are enclosed and placed at least four (4) feet above the ground in a wildlife deterring manner.
[Ord. No. 60-64]
This section shall be enforced by the Health Department, the Police Department and the Animal Control Officers.
Any person found to be in violation of this section shall be ordered to cease feeding immediately.
[Ord. No. 60-64]
Any person violating any provisions of this section shall be liable to a penalty in accordance with subsection 1-5.1 of the Revised General Ordinance of the City of Linden.
[Ord. No. 62-40]
The following words and terms shall have the meanings herein indicated for the purposes of this Article:
ANIMAL CARE FACILITY
Means 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.
ANIMAL RESCUE ORGANIZATION
Means 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.
CAT
Means a member of the species of domestic cat, Felis catus.
DOG
Means a member of the species of domestic dog, Canis familiaris.
OFFER FOR SALE
Means to sell, offer for sale or adoption, advertise for the sale of, barter, auction, give away or otherwise dispose of a dog or cat.
PET SHOP
Means 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 herein.
[Ord. No. 62-40]
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 (8) weeks old.
[Ord. No. 62-40]
A pet shop shall maintain records stating the name and address of the animal care facility or animal rescue organization that each cat or dog was obtained from for at least two (2) years following the date of acquisition. Such records shall be made available, immediately upon request, to the City of Linden Board of Health Department and submitted annually, and no later than May 1st of each year, to the City of Linden Board of Health Department. Each pet shop shall display on each cage a label stating the name and address of the animal care facility or animal rescue organization of each animal kept in the cage.