As used in this article, the following terms shall have the
meanings indicated:
ABANDONMENT
Releasing, leaving or refusing to pick up or claim any animal
which one owned, possessed or had in one's custody or control.
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 in significant part, the rescue and placement
of animals in permanent homes or rescue organizations.
ANIMAL CONTROL OFFICER
A certified municipal animal control officer or, in the absence
or unavailability of such an officer, the chief law enforcement officer
of the municipality or his/her designee.
DOG
Any dog or dog hybrid.
DOG OF LICENSING AGE
Any dog or cat which has attained the age of seven months,
or which possesses a set of permanent teeth.
GROOMERS
Refers to both the hygienic care and cleaning of a dog, as
well as a process by which a dog's physical appearance is enhanced.
A dog groomer (or simply "groomer") is a person who earns their living
grooming dogs.
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.
LITTER
One or more animals born to a female animal.
OFFER FOR SALE
To sell, offer for sale or adoption, advertise for sale of,
barter, auction, give away or otherwise dispose of a dog or cat.
OWNER
When applied to the proprietorship of a dog or cat, includes
every person, firm, association, corporation, or responsible party
for an animal, owning, controlling, harboring, or keeping any dog
or cat which is over the age of seven months or possesses a set of
permanent teeth or any other animals. If the owner is a minor as defined
by statute, the minor's parent(s) or legal guardian(s) shall
be the owner for purposes of this article.
PET SHOP
Any room or group of rooms, cage or exhibition pen, not part
of a kennel, wherein dogs for sale are kept or displayed.
POTENTIALLY DANGEROUS DOG
Any dog or dog hybrid declared potentially dangerous by a
municipal court pursuant to N.J.S.A. 4:19-24.
SHELTER
An establishment for the confinement of dogs seized either
under the provisions of this article or otherwise.
TETHERING
The restraining of an animal by the tying to an object or
structure, including, without limitation, a house, tree, fence, post,
garage, weight or shed, by any means, including, without limitation,
rope, cord, leash or running line, but shall not include the use of
a leash used to walk the animal or to form of restraint used in the
transportation of an animal.
VICIOUS CAT
Any cat which has attacked or bitten any human being without
provocation.
VICIOUS DOG
Any dog or dog hybrid declared vicious by a municipal court
pursuant to N.J.S.A. 4:19-23.
Applications for licenses for dogs which are required to be
licensed by the provisions of 120-9A(1) shall be made before the first
day of April of each year. In all other cases, the application for
a license shall be made within 10 days of the date upon which the
dog in question first becomes subject to the provisions of this article.
The person applying for the license shall pay a fee of $15.20
for each dog, annually, which includes $1.20 for any dog under Public
Laws of 1983, Chapter 181. Any person applying for a license shall pay a fee of $3 for any dog of reproductive age which has not had its reproductive capacity permanently altered through sterilization, pursuant to Assembly Bill 1917, adopted as Chapter
172 of the Laws of 1983. The same fees shall be charged for the annual renewal
of each license and registration tag. There shall be a late fee of
$5 for any license which is applied for after it is due. There shall
be a charge of $2 for the replacement of any license or tag. Notwithstanding
the above, the fee for each potentially dangerous dog license and
each renewal thereof shall be $500 annually in accordance with N.J.S.A.
4:19-31.
Each dog license and registration tag shall expire on the last
day of March of the year following the year in which is was issued.
Dogs used as guides for blind persons and commonly known as
"Seeing Eye dogs," dogs used to assist handicapped persons and commonly
known as "service dogs," or dogs used to assist deaf persons and commonly
known as "hearing ear" dogs shall be licensed in the same manner as
other dogs, except that the owner shall not be required to pay any
fee.
No person shall own a dog within the Borough of High Bridge
unless it has been vaccinated against rabies.
Vaccinations shall be performed by a veterinarian licensed to
practice in the State of New Jersey. The vaccine used shall be from
a manufacturer licensed by the Bureau of Animal Industry of the United
States Department of Agriculture. The dosage shall be as recommended
by the manufacturer. All dogs shall be revaccinated before the expiration
of the period of time for which the vaccine used is known to be effective.
The Director of Health and Welfare may exempt any dog from the provisions of §§
120-15 through
120-20 if there is presented to him a certificate from a licensed veterinarian stating that it would be undesirable to vaccinate a particular dog for a specified period of time because of the dog's age, infirmity or other physical condition.
The fact that a dog has been vaccinated against rabies shall
be evidenced by a certificate from the veterinarian performing the
vaccination. The certificate shall either be on a form approved by
the Director of Health and Welfare or standard immunization certificate
used by the veterinarian. The certificate shall be presented to the
Director of Health and Welfare within 10 days after each vaccination.
In the case of dogs being vaccinated before being brought to the Borough,
the certificate shall be presented to the Director of Health and Welfare
within 10 days after the dog is brought into the Borough.
No dog license shall be issued until the certificate required by §
120-18 or the certificate provided for in §
120-17 is presented to the High Bridge Borough Clerk.
No person shall own a dog in the Borough of High Bridge except
in compliance with the following regulations.
A. Registration tags. A metal registration tag shall be issued for each
dog licensed. Every licensed dog shall wear a collar or harness with
its registration tag securely fastened to it.
B. Use of registration tags. No person, except the Animal Control Officer
or a police officer in the performance of their duties, shall remove
a registration tag from the collar of any dog without the consent
of the owner, or attach a registration tag to a dog for which it was
not issued.
C. Disturbing the peace. It shall be unlawful for any property owner
or tenant to allow any domesticated or caged animal to create a sound
across a real property line which unreasonably disturbs or interferes
with the peace, comfort, and repose of any resident, or to refuse
or intentionally fail to cease the unreasonable noise when ordered
to do so by a police officer. Prima facie evidence of a violation
of this section shall include but not be limited to:
(1) Vocalizing (howling, yelping, barking, squawking, etc.) for 20 minutes
without interruption, which is defined as an average of four or more
vocalizations per minute in that period.
(2) It is an affirmative defense under this section that the dog or other
animal was provoked to violate this article by a person other than
the property owner, tenant or a person visiting the property owner
or tenant, any child not residing with or visiting the property owner
or tenant, a vehicle operated by a person other than the property
owner, tenant or a person visiting the property owner or tenant, or
any other animal that either is not owned by the property owner, tenant
or a person visiting the property owner or tenant or does not have
the permission of the property owner or tenant to be on the property,
including but not limited to wild animals that may come on the property.
(3) No citation shall be issued by the police unless the police have
issued three written warnings before the citation is issued. Upon
issuance of citation:
(c)
Each subsequent offense: $300.
D. Running at large. No person shall allow any dogs, cattle, horses,
swine, fowl or any other animals to run at large upon the public streets
or in any public park, in any building or in any other public place
within the Borough, nor permit to run at large upon private property
without the permission of the owner.
E. Control required. No person owning, keeping or harboring any dog
shall suffer or permit it to be upon the public or private streets
or in any public park/open space area unless such dog is accompanied
by a person and is securely confined and controlled by a leash, cord,
or chain so that the dog does not come in physical contact with any
person or pet without the consent of the person or, in the case of
a pet, the consent of the person responsible for or who has control
of the pet.
F. Property damage. No person owning or in control of a dog shall permit
it to damage any lawn, shrubbery, flowers, grounds, or other property.
G. Curbing of dogs. Every person owning or in control of a dog shall
be responsible for curbing it whenever the dog is on public property
or property dedicated for public use.
H. Restrictions on leaving animals in vehicles. No animal shall be confined
in a parked or standing vehicle or enclosed trailer for a period of
15 or more minutes when the temperature during such period is below
32° F. or above 75° F.
I. Tethering of dogs.
(1) Dogs may be tethered under the following conditions:
(a)
The tether must be at least 15 feet long and have an operative
swivel on both ends, weigh no more than 1/8 of the dog's weight
and be attached to a properly fitted collar or harness.
(b)
The collar used for tethering may not be a choke chain collar,
slip collar or prong collar.
(c)
The tethered dog must have easy access to drinking water, edible
food, dry ground and adequate shade and/or shelter within the tethering
area.
(d)
The tether may not be used in an area where it may be tangled
around an object, such as, but not limited to, a tree, pole, fence,
or stake.
(e)
The tether cannot inhibit the movement of the animal's
limbs or cause injury, harm, entanglement or strangulation.
(f)
The tether must restrain the dog within the bounds of the owner's
or custodian's property.
(g)
The tether must terminate no less than five feet from any fence,
pool, wall, vehicle, tree or roadway, or other object or obstruction
upon which the animal might harm themselves.
(h)
Dogs may be tethered for no more than six consecutive hours
in any twenty-four-hour period of time.
(i)
If there are multiple dogs, each dog shall be tethered separately
and in such a manner that the tethers shall not become entangled with
each other.
(j)
No dog shall be tethered at a vacant structure or premises for
any purpose when it is not monitored by a competent adult who is present
at the property for the duration of such tethering.
(k)
No dog that is sick or injured shall be tethered.
(l)
No dogs shall be tethered between the hours of 11:00 p.m. and
6:00 a.m.
(m)
No animal shall be left outside during inclement weather, e.g.,
rainstorms, snowstorms, ice storms, hurricanes, or thunderstorms.
(2) Dog shelters.
(a)
Dog shelters shall be a suitable size to accommodate the dog
in both standing and lying positions.
(b)
It shall be moistureproof, windproof, ventilated and in cold
temperatures shall promote the retention of body heat.
(c)
It shall be made of durable material with a solid, moistureproof
floor raised at least two inches from the ground.
(d)
It shall have a sufficient quantity of clean bedding material
consisting of hay, straw, cedar shavings, or equivalent to provide
insulation and protection against cold and dampness.
(e)
Drinking water is available in a clean, liquid state. Snow or
ice is not an acceptable water source.
(f)
The doghouse or similar structure and the surrounding area shall
be free from excessive dirt, trash and waste.
(g)
For temperatures below 32° F., the doghouse or structure
shall have a wind break at the entrance.
(h)
For temperatures above 85° F., all dogs must be afforded
one or more separate areas of shade large enough to accommodate the
entire body of each dog and protect them from the direct rays of the
sun.
It shall be the duty of the Animal Control Officer and/or any
police officer to receive and investigate complaints against dogs.
If they have reasonable cause to believe that the dog is a nuisance
or poses a danger to person or property, they shall issue a Borough
summons to the owner for appearance before the Judge of the High Bridge
Borough Court.
No person owning or having control of a dog or cat which has
been determined to be vicious shall permit it to be outside the confines
of the home unless the yard or property is enclosed in such a fashion
that the dog or cat will not be able to run at large.
The Animal Control Officer or any police officer or, in their
absence and in case of an emergency which will not permit delay, any
person may kill any of the following animals:
A. Any dog or cat determined to be a vicious dog or cat in a manner provided in §§
120-21 through
120-23 or any dog which is attacking or which has just attacked a human being without provocation and which cannot be seized with safety.
B. Any animal which is or appears to be suffering from rabies or which
is otherwise immediately dangerous to the public.
C. Any animal which has been so badly injured that it cannot be moved
or helped by a veterinarian.
Any impounded animal may be placed in a foster home, transferred
to another shelter, pound, kennel operating as a shelter or pound,
or animal rescue organization facility, or euthanized in a manner
causing as little pain as possible under any of the following contingencies:
A. When any animal seized has not been claimed by any person within
seven days after notice or within seven days of the animal's
seizure when notice cannot be given, as set forth in the previous
section.
B. If the person owning the animal seized has not paid all expenses
incurred by reason of its seizure, including a maintenance charge
not to exceed $4 per day.
C. If the seized dog is unlicensed at the time of its seizure and the
person owning, keeping or harboring such dog has not procured a license
and registration tag as required by this article.
Any person whose animal shall be picked up by the Animal Control
Officer or a police officer shall be required to pay all expenses
incurred by the Borough by reason of its detention. In addition to
the expenses incurred by the Borough, the owner or person charged
with the care of the animal shall be required to pay the full maintenance
charge imposed by the holding facility for each full or partial day
held, not to exceed $4 per day or the limit set forth in N.J.S.A.
4:19-15.16. The expenses of impoundment shall be paid to the Clerk's
Office of the Borough of High Bridge, and a receipt shall be delivered
to the person paying such charges, which receipt shall be the authority.
When any dog or cat attacks or bites a human being, the Animal
Control Officer and/or Chief of Police or their representative may
order the owner of the dog or cat to confine it, either on the owner's
premises or any other reasonable location which the Animal Control
Officer or Chief of Police designates, for a period of at least 10
days. The expenses of confining the dog or cat shall be borne by the
owner.
The Animal Control Officer and/or Chief of Police or their representative shall have the right to examine any dog or cat confined under the provisions of §
120-29 at any reasonable time, including daily examinations, for a period of 10 days after the dog or cat has attacked or bitten any person to ascertain whether the animal shows symptoms of rabies.
Regardless of whether or not the period of time from which the owner was directed to confine the dog or cat has expired or not, no dog or cat confined under the provisions of §
120-29 shall be released form quarantine until the Animal Control Officer and/or Chief of Police issues a certificate of release. The certificate shall only be issued after either the person designated by the Animal Control Officer and/or Chief of Police or representative to examine the dog or cat or a licensed veterinarian has certified, in writing, that the animal appears to be healthy and free from rabies.
Whenever the Animal Control Officer and/or Chief of Police or
their representative is notified by the State Department of Health
or determines themselves that there is a danger of an epidemic of
rabies in the Borough of High Bridge, they shall order all persons
owning or having custody of dogs or cats in the Borough to keep their
dogs and cats confined to their own premises. Notice that an order
has been issued may be either written or oral and may be served personally,
by mail, by publication in a newspaper circulating in the Borough,
by conspicuously posting it in public places or by any other method
calculated to actually reach the persons affected.
The Chief of Police and the Animal Control Officer shall have
the primary duty of enforcing his article.
Any officer authorized or empowered to perform any duty under
this article may go upon any premises to seize for impounding any
dog or dogs which they may lawfully seize and impound when they are
in immediate pursuit of such a dog or dogs, except that they shall
not go upon the premises of the owner of the dog if the owner is present
and forbids it.
No person shall interfere with anyone authorized or empowered
to perform any duty under this article.
No person owning, harboring, keeping or in charge of any dog
shall cause, suffer or allow such dog to soil, defile, defecate on
or commit any nuisance on any common thoroughfare, sidewalk, passageway,
bypath, play area, park, school ground or any space where the public
congregates or walks or upon any public property or place whatsoever
or upon any private property without the permission of the owner of
said property. This restriction in this section shall not apply to
that portion of the street lying between the curblines, which shall
be used to curb such dog under the following conditions:
A. The person who so curbs such dog shall immediately remove all feces
deposited by such dog by any sanitary method approved by the Department
of Health.
B. The feces removed from the aforementioned designated area shall be
disposed of by the person owning, harboring, keeping or in charge
of any dog curbed in accordance with the provisions of this section
in a sanitary method approved by the Department of Health.
C. The provisions of this section shall not apply to blind persons who
may use dogs as guides.
D. Any person owing, harboring, keeping or in charge of any dog not curbed in accordance with the provisions of this section shall be deemed to be in violation of this section and subject to the penalty provisions contained in Chapter
1, Article
II.
Any person, firm or corporation conducting, managing or operating
any dog kennel or pet shop engaged in the business of boarding or
housing dogs within the limits of the Borough of High Bridge shall
pay for the privilege of maintaining, conducting or operating such
kennel a license fee as established by N.J.S.A. 4:19-15.9, pursuant
to which the annual license fee for a kennel providing accommodations
for 10 or fewer dogs shall be $10, and for more than 10 dogs, $25.
The annual license fee for a pet shop shall be $10, unless N.J.S.A
4:19-15.9 is amended to provide for another amount or fee that shall
be charged for a shelter rescue organization or pound. This license
tax shall be in lieu of individual license taxes for such dogs.
Groomers shall annually be licensed and the fee is $50.
It shall be permissible for the Animal Control Officer to respond
to requests for their services when notified through the High Bridge
Police Department that a request has been received. The agency requesting
the assistance shall, at the conclusion of the assignment, be billed
by the Police Department for an administrative fee of $50, plus the
hourly rate of the Animal Control Officer, and shall include premium
pay charges for the request of services during nonstandard working
hours.
Any person violating any of the provisions of this article shall,
upon conviction thereof, be liable for a fine not to exceed $2,000
or imprisonment in the County Jail for a term not exceeding 90 days,
or both, unless otherwise specified below:
Code Section
|
Offense
|
Fine
|
Court Appearance
|
---|
§ 120-9, License required
|
First offense in prior 12 months
|
$56 fine/$30 cost
|
No
|
Additional offenses within 12 months of preceding offense
|
Not to exceed $2,000
|
Yes
|
§ 120-20C, Disturbing the peace (barking)
|
First offense in prior 12 months
|
$100 fine/$30 cost
|
No
|
Second offense in prior 12 months
|
$200 fine/$30 cost
|
No
|
Third offense in prior 12 months
|
$300 fine/$30 cost
|
No
|
|
First offense in prior 12 months
|
$50 fine/$30 cost
|
No
|
Additional offenses within 12 months of preceding offense
|
Not to exceed $2,000
|
Yes
|
|
First offense in prior 12 months
|
$50 fine/$30 cost
|
No
|
Additional offenses within 12 months of preceding offense
|
Not to exceed $2,000
|
Yes
|
|
First offense in prior 12 months
|
$50 fine/$30 cost
|
No
|
Additional offenses within 12 months of preceding offense
|
Not to exceed $2,000
|
Yes
|
§ 120-20H, Restrictions on leaving animals in vehicle
|
First offense in prior 12 months
|
Minimum $250, not to exceed $500
|
Yes
|
Additional offenses within 12 months of preceding offense
|
Not to exceed $2,000
|
Yes
|
§ 120-20I, No unmonitored dog tethered to vacant structure
|
First offense in prior 12 months
|
$50 fine/$30 cost
|
No
|
Additional offenses within 12 months of preceding offense
|
Not to exceed $2,000
|
Yes
|
|
Each offense
|
Not to exceed $2,000
|
Yes
|
§ 120-36, Owner responsible for curbing dogs
|
Additional offenses within 12 months of preceding offense
|
$50 fine/$30 cost
|
No
|
|
First offense in prior 12 months
|
Not to exceed $2,000
|
Yes
|