[Adopted 6-27-1972 by Ord. No. 72-9 as Ch.
4, Art. 1 of the Revised Ordinances of 1972]
[1]
Editor's Note: For municipal authority to
regulate or restrict the running at large of dogs, see N.J.S.A. 40:48-1.
For state statutes relating to licensing, tagging, impounding, destruction
or disposal of dogs and licensing, keeping and operating of kennels,
pet shops and the like, see N.J.S.A. 4:19-15.1 et seq. License fees,
registration tag fees and certain costs and expenses incurred for
the detention and maintenance of dogs, collected pursuant to this
Article, and fines are turned over and disposed of in accordance with
and as provided by law. See N.J.S.A. 4:19-15.11 and 4:19-15.20. See
also Lamanna v. Kennedy, 130 N.J.L. 223, 32 A. 2d
446 (Sup. Ct. 1943); Blakely v. Moorestown, 3 N.J.
Super. 518, 67 A. 2d 330 (Law Div. 1949).
As used in this article, the following terms
shall have the meanings indicated:
Any nonprofit organization that 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. "Animal rescue organization"
does not include any entity that breeds animals or that: (1) is located
on the same premises as; (2) has any personnel in common with; (3)
obtains, in exchange for payment or any other form of compensation,
dogs or cats from; or (4) facilitates the sale of dogs or cats obtained
from a person that breeds animals.
[Added 11-9-2023 by Ord. No. 23-18]
Any dog which has attained the age of seven (7) months or
which possesses a set of permanent teeth.[1]
A noncommercial establishment where one or more breeds of
dog are kept for personal breeding and where the consumer can directly
view the conditions in which the dogs are bred and can confer directly
with the hobby breeder concerning those conditions.
[Added 11-9-2023 by Ord. No. 23-18]
Any establishment wherein or whereon the business of boarding
or selling dogs or breeding dogs for sale is carried on, except a
pet shop.
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 11-9-2023 by Ord. No. 23-18]
Every person having a right of property in such dog and every
person who harbors or has such dog in his or her keeping.
A commercial retail establishment where dogs and cats are
sold, exchanged, bartered or offered for sale to the general public.
Such definition shall not include an animal rescue organization, hobby
breeder, kennel, or shelter.
[Amended 11-9-2023 by Ord. No. 23-18]
An animal control center, shelter or pound 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 11-9-2023 by Ord. No. 23-18]
[1]
Editor's Note: The definition of "Dog," which
immediately preceded this definition, was deleted 5-13-1997 by Ord.
No. 97-8.
No person shall:
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 Clerk of the Borough 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.
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 licensing age attainment.
A.
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 who shall keep the same
or permit the same to be kept within the Borough 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 Borough any unlicensed dog of licensing age and who shall
keep the same or permit the same to be kept within the Borough for
a period of more than ten (10) days shall immediately apply for a
license and registration tag for each such dog.
[Amended 11-22-1983 by Ord. No. 83-19]
The application for a dog license and registration
tag shall state:
A.
The breed, sex, age, color and markings of the dog
for which license and registration are sought.
B.
Whether the dog is of a long- or shorthaired variety.
C.
The name, telephone number, street and post office
address of the owner and of the person who shall keep or harbor such
dog.
D.
Proof of rabies inoculation by licensed veterinarian.
E.
Proof of spaying or neutering by a licensed veterinarian.
The Clerk of the Borough shall:
A.
Issue each registration number in the order in which
the application is made.
B.
Preserve, for a period of three (3) years, the information
contained in the application and the registration number issued for
the dog.
C.
Forward such information to the State Department of
Health each month on forms furnished by said Department.
Only one (1) 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 with
the provisions of this Article.[1]
[1]
Editor's Note: State law requires that the
license in one (1) municipality be accepted in other municipalities.
See N.J.S.A. 4:19-15.3.
[Amended 9-13-1977 by Ord. No. 77-12; 9-22-1981 by Ord. No. 81-14; 11-22-1983 by Ord. No.
83-19; 3-11-1986 by Ord. No. 86-07; 7-9-1991 by Ord. No. 91-13]
A.
As to dogs generally:
(1)
The person applying for the license and registration tag shall pay to the Clerk of the Borough of Hillsdale the fee as set forth in Chapter 138, Fees.
[Amended 5-13-1997 by Ord. No. 97-8]
(2)
For each annual renewal, the fee for the license and
registration tag shall be the same as for the original license and
tag subject to the foregoing fees being paid. Said licenses, registration
tags, renewal thereof shall expire on the last day of January of each
year.
B.
As to Seeing Eye, hearing-ear and service dogs: Dogs
used as guides for blind persons commonly known as "Seeing Eye dogs,"
those used for hearing-impaired persons, known as "Hearing-Ear dogs"
and those used by handicapped persons known as "Service dogs" shall
be licensed and registered as other dogs as hereinabove provided for
in this Article, except that the owner or keeper of such dogs shall
not be required to pay any fee therefor.
C.
As to late charge: Should the applicant fail to apply for and procure a license in the month of January of each year, the applicant shall be charged as provided in Chapter 138, Fees, in addition to the fees set forth in § 96-9A. Said late charge shall be payable to the Clerk of the Borough.
[Amended 5-13-1997 by Ord. No. 97-8]
No person, except an officer in the performance
of his or her duties, shall remove a registration tag from the collar
or harness 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.
A.
Any person who keeps, operates or establishes a kennel
or a pet shop in the Borough shall obtain from the Clerk of the Borough
a license entitling him or her to keep or operate such establishment.
B.
Such license shall not be transferable to another
owner or to different premises.
C.
Any person holding such license shall not be required
to secure individual licenses for dogs owned by such licensee and
kept at such establishments.
The application for a license to keep or operate
a kennel or pet shop shall:
A.
Describe the premises where the kennel or pet shop
is located or proposed to be located.
B.
Specify the purposes for which the establishment is
to be maintained.
C.
Be accompanied by the written approval of the Health
Officer of the Borough showing compliance with the local and state
rules and regulations governing location of and sanitation at such
establishments.
[Amended 5-13-1997 by Ord. No. 97-8]
The annual license fee for a kennel is as provided in Chapter 138, Fees.
A.
All licenses issued for a kennel or pet shop shall
state the purpose for which the establishment is maintained.
B.
All such licenses shall expire on the last day of
June of each year.
[Amended 5-13-1997 by Ord. No. 97-8]
C.
All such licenses shall be subject to revocation by
the Borough Council on recommendation of the State Department of Health
or the Board of Health of the Borough for failure to comply with the
rules and regulations of the State Department or the Board of Health
of the Borough governing the same, after the owner has been afforded
a hearing by either the State Department or the Board of Health of
the Borough.
The Clerk of the Borough shall forward to the
State Department of Health a list of all kennels and pet shops licensed,
within thirty (30) days after the licenses therefor are issued. This
list shall include the names and addresses of the licensees and the
kinds of licenses issued.
No dog kept in a kennel or pet shop shall be
permitted off such premises, except on a leash or in a crate or other
safe control.
[Amended 6-13-1978 by Ord. No. 78-9]
No person owning, keeping, harboring or responsible
for the control of any dog shall suffer or permit it to run at large
or to be:
A.
Upon any public street or sidewalk or in any public
place or in any public building within the Borough unless such dog
is securely controlled by an adequate leash not more than six (6)
feet long held by a person able to control said dog; or
B.
Upon the private property of another without the permission
of the owner or other person having dominion over said private property.
[Amended 4-12-1988 by Ord. No. 88-9; 5-13-1997 by Ord. No. 97-8; 10-10-2006 by Ord. No. 06-10]
Purpose: A section to establish requirements
for the proper disposal of pet solid waste in the Borough of Hillsdale,
so as to protect public health, safety and welfare, and to prescribe
penalties for failure to comply.
A.
IMMEDIATE
OWNER/KEEPER
PERSON
PET
PET SOLID WASTE
PROPER DISPOSAL
Definitions: 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 chapter
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.
That the pet solid waste is removed at once, without delay.
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.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
A domesticated animal (other than a disability assistance
animal) kept for amusement or companionship.
Waste matter expelled from the bowels of the pet; excrement.
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.
B.
Requirement for disposal: 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.
C.
Exemptions: 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.
D.
Enforcement: The provisions of this section shall
be enforced by the Borough of Hillsdale Police Department and Board
of Health.
E.
Violations and penalties: 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 $2,000 or the maximum permitted by law.
No person shall keep, harbor or maintain any
dog which habitually or continuously barks, howls or cries.
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 of another.[1]
[1]
Editor's Note: Original Sec. 4-21, When muzzle
to be used, which immediately followed this section, was deleted 5-13-1997
by Ord. No. 97-8.
No person shall hinder, molest or interfere
with anyone authorized or empowered to perform any duty under this
Article.
[Amended 7-9-1991 by Ord. No. 91-13]
A.
The Animal Control Officer appointed by the governing
body or any police officer shall seize and impound a dog when there
is reasonable cause to believe that the dog is vicious, potentially
dangerous or shows signs of rabies in accordance with the provisions
of N.J.S.A. 4:19-17 through N.J.S.A. 4:19-37.
B.
N.J.S.A. 4:19-17 through N.J.S.A. 4:19-37, all amendments
and supplements thereto and rules and regulations promulgated pursuant
to the authority thereof, are incorporated herein and made a part
hereof as though set forth at length herein.
C.
A complete copy of the aforesaid legislation shall
be on file in the office of the Borough Clerk and will remain on file
there for the use and examination of the public.
[Amended 11-22-1983 by Ord. No. 83-19; 5-13-1997 by Ord. No. 97-8]
The Chief Law Enforcement Officer or such official,
police officer or other person designated by the governing body shall
annually cause a canvass to be made of all dogs owned, kept or harbored
within the limits of the Borough. He or she shall report on or before
September 1 of each year to the Borough Clerk, to the Borough 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 such dogs; the number of licensed dogs
owned, kept or harbored by each of said persons, together with the
registration numbers of each of said dogs; and 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.
[Amended 7-9-1991 by Ord. No. 91-13; 5-13-1997 by Ord. No. 97-8]
In accordance with the provisions of N.J.S.A.
4:19-17 through N.J.S.A. 4:19-37, it shall be the duty of the Animal
Control Officer of the Borough, the Chief Law Enforcement Officer,
each police officer of the Borough and the Municipal Health Officer
and the Sanitary Inspector to assist in carrying out the provisions
of this Article and the provisions for the control of dogs contained
in N.J.S.A. 4:19-15.1 through N.J.S.A. 4:19-15.29 and N.J.S.A. 4:19-17
through N.J.S.A. 4:19-37, as amended and supplemented.
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 or dogs which he
or she may lawfully seize and impound when such officer is in immediate
pursuit of such dog or dogs, except upon the premises of the owner
of the dog if said owner is present and forbids the same.
[Amended 7-9-1991 by Ord. No. 91-13; 5-13-1997 by Ord. No. 97-8]
The Animal Control Officer, the Municipal Health
Officer or the Sanitary Inspector of the Borough shall be responsible
for all dogs and other animals impounded and taken into custody under
the terms of this Article and statutes incorporated herein, as amended
and supplemented. The Animal Control Officer, Municipal Health Officer
or Sanitary Inspector of the Borough shall designate the place where
such dogs and animals are to be impounded or held in custody, subject
to the approval of the Mayor and Council.
A.
The Chief Law Enforcement Officer or any official,
police officer, or other person designated by the said Chief Animal
Control Officer, Municipal Health Officer or Sanitary Inspector shall
take into custody or impound or cause to be taken into custody and
impounded and thereafter destroyed, offered for adoption or disposed
of as hereinafter provided in this section:
B.
If any dog so seized wears a collar or harness having
inscribed thereon or attached thereto the name and address of any
person or a registration tag, or if the owner or the person keeping
or harboring said dog is known, the Chief Law Enforcement Officer
or anyone authorized by him or her shall forthwith serve on the person
whose address is given on the collar or harness, 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 liable to be disposed
of or destroyed if not claimed within seven (7) days after the service
of the notice.
C.
A notice under Subsection B of this section 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 or her usual or last known place of abode or to the address given on the collar or harness.
D.
When any dog so seized has been detained for seven
(7) days after notice, when notice can be given as above set forth
in this section or has been detained for seven (7) days after seizure,
when notice has not been and cannot be given as above set forth in
this section and if the owner or person keeping or harboring said
dog has not claimed said dog and paid all expenses incurred by reason
of its detention, including maintenance not exceeding the maximum
amount set by the Hillsdale Animal Control Service, and if the dog
be unlicensed at the time of the seizure and the owner or person keeping
or harboring said dog has not produced a license and registration
tag for said dog, the Animal Control officer may cause the dog to
be destroyed in a manner causing as little pain as possible.
E.
The Animal Control Officer shall immediately file,
in the office of the Borough Clerk, a written report of the disposal
of such dog.
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 Chief Financial Officer within thirty
(30) days after collection or receipt and shall be placed in a special
account separate from any of the other accounts of the Borough. Such
moneys shall be used for the following purposes only: for collecting,
keeping and disposing of dogs liable to seizure under this Article;
for local prevention and control of rabies; for providing anti-rabic
treatment under the direction of the Borough Board of Health for any
person known or suspected to have been exposed to 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 said 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 said
special account during the last two (2) fiscal years next preceding.
B.
The registration tag fee for each dog shall be forwarded
within thirty (30) days after collection by the Borough Clerk to the
State Department of Health.
[Amended 7-9-1991 by Ord. No. 91-13; 5-13-1997 by Ord. No. 97-8]
Any person who violates or fails or refuses to comply this Article or with the rules and regulations promulgated by the State Department of Health governing the sanitary conduct and operation of kennels, pet shops, shelters and pounds, to preserve sanitation therein and to prevent the spread of rabies and other diseases of dogs within and from such establishments, shall, upon conviction thereof, be punishable as provided in Chapter 226, Penalties.
