[1983 Code Parts VI T.7 § 1, VI T.10 § 1; Ord. No. 1653; Ord. No. 07-2754 § 2; amended 10-2-2019 by Ord. No. 19-3199[1]]
a. 
As used in this chapter, the following terms shall have the meanings indicated:
ANIMAL CARE FACILITY
Any facility operated by a nonprofit humane agency, municipal agency, or any other authorized agent for the City for the purpose of impounding or caring for animals held under the authority of this chapter or state law.
ANIMAL RESCUE ORGANIZATION
An individual or group of individuals who, with or without salary or compensation, houses and cares for homeless animals in the home of an individual or in other facilities, with the intent of placing the animals in responsible, more-permanent homes as soon as possible.
ANIMAL RESCUE ORGANIZATION FACILITY
The home or other facility in which an animal rescue organization houses and cares for an animal.
AUTHORIZED AGENT
The Chief of Police, or Animal Control Officer, Health Officer or other person designated by the Health Officer, or any official, police officer or other person designated by the Chief of Police.
CAT
Any cat.
CAT OF LICENSING AGE
Any cat which has attained an age of seven months.
DOG
Any dog, bitch or spayed bitch.
DOG OF LICENSING AGE
Any dog which has attained an age of seven months or which possesses a set of permanent teeth.
GROOMER
An individual or establishment that engages in animal grooming, which is defined as the act of bathing, brushing, clipping or styling an animal.
KENNEL
Any establishment wherein or whereon the business of boarding or selling dogs or cats or breeding dogs or cats for sale is carried on, except a pet shop. A "kennel" shall also mean any establishment wherein or whereon an owner boards his dog or cat, or any other animal, for the day, commonly referred to as "doggie day care."
OWNER
When applied to the proprietorship of a dog, shall include every person having a right of property in that dog and every person who has that dog in his keeping; and when applied to the proprietorship of any other animal, including, but not limited to, a cat, shall include a having a right of property in that animal and every person who has that animal in his keeping.
PET SHOP OPERATOR or PET STORE OPERATOR
A person who owns or operates a pet shop or pet store, or both.
PET SHOP or PET STORE
Any place of business wherein animals, including, but not limited to, dogs, cats, birds, fish, reptiles, rabbits, hamsters or gerbils, are kept or displayed chiefly for the purpose of sale to individuals for personal appreciation and companionship rather than for business or research purposes. Such definition shall not include an animal care facility, animal rescue organization, kennel, or groomer as defined herein.
POUND
An establishment for the confinement of dogs or cats seized either under the provisions of this chapter or otherwise.
SHELTER
Any establishment where dogs or cats are received, housed and distributed without charge.
b. 
The words "and" and "or" may be used interchangeably, and either of the two may be applicable, whichever is more conducive towards the effectuating of this chapter.
[1]
Editor's Note: This ordinance also provided for the renumbering of the remainder of this chapter.
[1983 Code Part VI T.10 §§ 2, 3; Ord. No. 2409 § 1]
a. 
No person shall keep or harbor any dog within the City without first obtaining a license therefor to be issued by the Board of Health upon application by the owner and payment of the prescribed fee. No person shall keep or harbor any dog in the City except in compliance with the provisions of this section.
b. 
Any person who shall own, keep or harbor a dog of licensing age shall annually apply for and procure from the Board of Health of the City a license and official 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.
[Ord. No. 1174 § 5; 1983 Code Part VI T.10 § 4; Ord. No. 1873 § 1; Ord. 1981; Ord. No. 2222 § 4; Ord. No. 2224 § 2; Ord. No. 2254 § 5, I 13; Ord. No. 07-2754 § 1]
a. 
The person applying for the license and registration tag shall, for each dog, upon providing proof of rabies inoculation, pay the license and registration fee found in Chapter A Schedule of Fees Appendix, for "Fees to Be Collected by the Health Director - Dogs."
1. 
In addition to the annual dog license fee, the person applying for a license shall pay a fee of $0.20 for the State Pilot Clinic Fund, and this amount shall be remitted to the Community Health Services, Department of Health, State of New Jersey.
2. 
The person shall also pay a registration tag fee as established by the State Department of Health.
3. 
For each annual renewal, the fee for the license and for the registration tag shall be as established above; and the licenses, registration tags and renewals thereto shall, effective with the 1995 license renewals, expire on the last day of May in 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 hereinabove provided, except that the owner or keeper of such dogs shall not be required to pay any fee therefor.
[1983 Code Part VI T.10]
The owner of any newly required 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 age attainment.
[1983 Code Part VI T.10 § 6; Ord. No. 2409 § 1]
The application shall state the breed, sex, age, color and markings of the dog for which license and registration are sought, whether it is of a long- or short-haired variety, and the name, street and post office address of the owner and of the person who shall keep or harbor such dog. The information on the application and the registration number issued for the dog shall be preserved for a period of three years by the Board of Health. In addition, the Board of Health shall forward similar information to the State Department of Health each month on forms furnished by the Department. Registration numbers shall be issued in the order of the applications.
[1983 Code Part VI T.10 § 7]
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 shall keep the dog or permit the dog to be kept within the City for a period of more than 90 days, shall, within 10 days, apply for a license and registration tag for each such dog unless such dog be licensed under Subsection 10-2.3.
b. 
Any person who shall bring or cause to be brought into the City any unlicensed dog, and shall keep the dog or permit the dog to be kept within the City for a period of more than 10 days, shall, immediately, apply for a license and registration tag for each such dog, unless such dog be licensed under Subsection 10-2.3.
[1983 Code Part VI T.10 § 8]
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 tag to a dog for which it is not issued.
[1983 Code Part VI T.10 § 20; Ord. 1834 § 1]
No person owning, possessing, keeping, harboring or in charge of a dog shall allow, suffer, or permit such dog to do any injury to a person or an animal or to do any damage to any other person's or any public lawn, shrubbery, flowers, grounds or property, including, but not limited to, depositing any urine or feces thereon, except that any dog on a leash may be curbed to deposit urine or feces between the curblines on the roadway of any public street, provided:
a. 
The person in charge of the dog shall have in his possession appropriate sanitary means, including, but not limited to, implements and plastic bags, to remove any feces so deposited.
b. 
The person in charge of the dog shall immediately remove all feces so deposited by appropriate sanitary means, including, but not limited to, implements and plastic bags, and shall dispose of such feces in a sanitary manner.
c. 
No blind person in charge of a guide dog shall be subject to the provisions of Subsections a and b of this subsection.
[1983 Code Part VI T.10 § 19]
a. 
Prohibition. No person owning, possessing, keeping, harboring or in charge of a dog (whether such dog is licensed or unlicensed) shall allow, suffer or permit such dog to run at large on or about any place within the City, except upon the premises of its owner. For the purpose of this subsection, the term "run at large" shall mean a dog (whether licensed or unlicensed) found off the premises of its owner and not in the custody and under the control by leash of its owner or other responsible person.
b. 
Impounding of dogs running at large. Whenever a dog is found in or about any street, thoroughfare, place, lot or premises contrary to the provisions of this section, it shall be the duty of an authorized agent to take such animal into custody and remove and cause the same to be removed to the City pound and thereafter destroyed or disposed of as provided in Subsection 10-2.10.
c. 
Leash required. No person owning, possessing, keeping, harboring or in charge of a dog shall allow, suffer or permit such dog to be at any public place, on any sidewalk or any public property, except when held on a leash by a person capable of controlling the dog, or on any private property without permission of the owner or occupant thereof.
[1983 Code Part VI T.10 § 15; Ord. No. 07-2754 § 1]
a. 
An authorized agent shall take into custody and impound or cause to be taken into custody and impounded and thereafter destroyed or disposed of as provided in this section any licensed or unlicensed dog allowed, suffered or permitted to run at large. For the purpose of this subsection, the term "run at large" is defined in Subsection 10-2.9.
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 the dog is known, the Chief of Police, Animal Control Officer, or any other official, police officer or other person designated by the Chief of Police shall forthwith serve on the person whose address is given on the collar or on the owner or 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 or destroyed if not claimed within 10 days after the service of the notice.
c. 
A notice under 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 posting a prepaid letter addressed to that person at his usual or last known place of abode or to the address given on the collar.
d. 
When any dog so seized has been detained for 10 days after notice, when notice can be given as above set forth, or has been detained for 10 days after seizure when notice has not been and cannot be given as above set forth, and 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 costs as shall be established by the Poundmaster, and if the dog be unlicensed at the time of the seizure and the owner or person keeping or harboring the dog has not produced a license and registration tag for the dog, the Poundmaster may cause the dog to be destroyed in a manner causing as little pain as possible at a charge as shall be established by Council resolution. At any time during the ten-day period, the Poundmaster may permit the dog to be removed from the pound by the Summit Animal Welfare League, Inc., without payment by them of the expenses, provided the Summit Animal Welfare League, Inc., agrees to retain the dog for the remainder of the required ten-day period.
[1983 Code Part VI T.10 § 16]
Any authorized agent empowered to perform any duty under this section is hereby authorized to go upon any premises to seize for impounding any dog or dogs which he may lawfully seize and impound when such agent 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.
[1983 Code Part VI T.10 § 18]
No person shall keep, harbor or maintain any dog which habitually barks, cries, yelps, or howls, so as to annoy and disturb the residents of the neighborhood.
[1983 Code Part VI T.10 § 21; amended 7-1-2025 by Ord. No. 25-3346]
a. 
The City shall enforce the provisions of N.J.S.A. 4:19-17 et seq., regarding “vicious dogs” and “potentially dangerous dogs” as defined under state law.
b. 
The Municipal Court shall declare a dog to be an aggressive dog if it finds by clear and convincing evidence that the dog caused bodily injury to a person or another domestic animal during an unprovoked attack.
c. 
For the purposes of subsection (b) of this section, the municipality shall bear the burden of proof to demonstrate that the dog was not provoked.
d. 
A dog shall not be declared aggressive for causing bodily injury to a domestic animal if the domestic animal was:
1. 
The aggressor; or
2. 
Causing bodily injury to, abusing, assaulting, or physically threatening the dog or the dog's offspring.
e. 
As used in this section, “bodily injury” means bodily injury as defined in subsection a of N.J.S.A. 2C:11-1.
f. 
If the Municipal Court finds declares the dog to be aggressive, the court may order:
1. 
That the owner pay a fine of not more than $500 for each violation;
2. 
That the dog, if taken out of in public, be 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 dog's movements to a radius of no more than three feet from the owner and under the direct supervision of the owner; and/or
3. 
Impose any other reasonable condition deemed necessary to protect the public safety.
g. 
Any person owning, keeping, harboring or having charge or custody of a dog shall take reasonable steps to prevent such dog from injuring any person or domestic animal.
[1983 Code Part VI T.10 § 12; Ord. No. 2409 § 1]
a. 
License fees and other moneys collected or received under the provisions of this chapter, except registration tag fees, shall be forwarded to the City 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 City, which shall be used for the following purposes only: for collecting, keeping and disposing of dogs liable to seizure under this section; for local prevention and control of rabies; for providing treatment under the direction of the local Board of Health for any person known or suspected to have been exposed to rabies; for the administration of distemper shots to any dog removed from the pound by the Summit Animal Welfare League, Inc.; for all other purposes prescribed by the statutes of New Jersey governing the subject; and for administering the provisions of this section. 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 City any amount then in such account which is in excess of the total amount paid into the special account during the last two fiscal years next preceding.
b. 
The registration fee as established by the state for each dog shall be forwarded within 30 days after collection by the Board of Health to the State Department of Health.
[1983 Code Part VI T.10 § 14; Ord. No. 2409 § 1]
An authorized agent shall promptly after February 1 of each year cause a canvass to be made of all dogs owned, kept or harbored within the limits of the City and shall report to the Board of Health of the City 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 person, together with the registration number of each dog and the number of unlicensed dogs owned, kept or harbored by each person, together with a complete description of each unlicensed dog.
[1983 Code Part VI T.10 §§ 9, 10, 11; Ord. No. 1873 § 1; Ord. No. 2254 § II, I:8, 9; Ord. No. 2409 § 1; Ord. No. 07-2754 § 1; Ord. No. 10-2895; Ord. No. 2016-3124]
a. 
Any person who keeps or operates or proposes to establish a kennel, a pet shop, a shelter or a pound shall apply to the Clerk or other official designated to license dogs in the City of Summit for a license entitling him to keep or operate such establishment. The application shall describe the premises where the establishment is located or is proposed to be located, and the purpose or purposes for which it is to be maintained, and shall be accompanied by the written approval of the Health Officer of the Board of Health showing compliance with the local and state rules and regulations governing location of and sanitation at such establishments.
b. 
All licenses issued for a kennel, pet shop, shelter or pound shall state the purpose for which the establishment is maintained, and all such licenses shall expire on the last day of June of each year and be subject to revocation by the Common Council on recommendations of the State Department of Health or the Board of Health of the City for failure to comply with the rules and regulations of the State Department of Health or Board of Health of the City governing the same, after the owner has been afforded a hearing by either the State Department or the Board of Health of the City, except as provided in Subsection c of this section.
c. 
The license for a pet shop shall be subject to review by the City of Summit, upon recommendation by the State Department of Health or Board of Health of the City, for failure by the pet shop to comply with the rules and regulations of the State Department of Health or Board of Health of the City or if the pet shop meets the criteria for recommended suspension or revocation provided under Subsection c or d of Section 5 of P.L. 1999, c. 336 (N.J.S.A. 56:8-96), after the owner of the pet shop has been afforded a hearing pursuant to Subsection e of Section 5 of P.L. 1999, c. 336 (N.J.S.A. 56:8-96).
d. 
Any person holding such licenses shall not be required to secure individual licenses for dogs owned by such licenses and kept at such establishment; such licenses shall not be transferable to another owner or different premises.
e. 
The annual license fee for a kennels, pet shops and shelters are stated in Chapter A Schedule of Fees Appendix, Fees to Be Collected by the Health Director - Licensing of Kennels, Pet Shops and Pounds.
f. 
No dog or cat kept in a kennel, pet shop, shelter or pound shall be permitted off such premises, except on leash or in a crate or other safe control.
[1983 Code Part VI T.10 § 13; Ord. No. 2409 § 1; Ord. No. 2016-3124]
The Clerk or other official designated to license dogs in the City of Summit shall forward to the State Department of Health a list of all kennels, pet shops, shelters and pounds licensed, within 30 days after the licenses therefor are issued, which list shall include the name and addresses of the licensee and the kind of license issued.
[1983 Code Part VI T.10 § 23; Ord. 1664; Ord. No. 1873 § 1; Ord. No. 07-2754 § 1; amended 10-2-2019 by Ord. No. 19-3199]
a. 
Any person who violates or refuses to comply with any part of the following subsections, namely: 10-2.2; 10-2.4; 10-2.6, 10-2.7, 10-2.13, 10-2.17a, b, c and e 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 prevent the spread of rabies and other diseases within and from such establishments, shall be liable to a penalty of not less than $50 nor more than $500 for each offense, to be recovered by and in the name of the City; except that for the first offense in cases of violation of Subsections 10-2.2, 10-2.3, 10-2.4 and 10-2.6, the penalty shall be not less than $10 nor more than $50, to be recovered in the same manner.
b. 
Any person who violates or refuses to comply with any part of any of the following subsections, namely: 10-2.8, 10-2.9, 10-2.13, 10-2.14 and 10-2.20, shall be liable to a penalty of not less than $50 nor more than $500 for each offense, to be received by and in the name of the City.
[Ord. No. 1873 § 2; 1983 Code Part VI T.10 § 24]
If a person who commits a violation of this section shall be a minor, the violation shall constitute a violation of this section by the parent, guardian or other person in loco parentis of the minor who allowed, suffered or permitted the minor to be in charge of the dog at the time of the violation, and there shall be a presumption that the minor's parent, guardian or other person in loco parentis of the minor allowed, suffered or permitted the minor to be in charge of the dog at the time of the violation.
[1983 Code Part VI T.7 §§ 2, 3; Ord. No. 1653; Ord. No. 2409 § 1]
a. 
No person shall keep or harbor any cat within the City without first obtaining a license therefor to be issued by the Board of Health upon application by the owner and payment of the prescribed fee, and no person shall keep or harbor any cat in the City except in compliance with the provisions of this section.
b. 
Any person who shall own, keep or harbor a cat of licensing age shall annually apply for and procure from the Board of Health of the City a license and official registration tag for each such cat so owned, kept or harbored and shall place upon such cat a collar with the registration tag securely fastened thereto.
[1983 Code Art. VI T.7 § 4; Ord. No. 1653; Ord. No. 1981; Ord. No. 1984 § 1; Ord. No. 1995; Ord. No. 1174 § 5; Ord. No. 2223 § 1; Ord. No. 2224 § 2; Ord. No. 2256 § 5 II [15]; Ord. No. 07-2754 § 2]
The person applying for the license and registration tag shall, for each cat, upon providing proof of rabies inoculation, pay the license and registration fee as stated in Chapter A Schedule of Fees Appendix, for "Fees to Be Collected by Health Director - Cats."
For each annual renewal, the fee for the license and for the registration tag shall be as established above; and the licenses, registration tags and renewals thereto shall, effective with the 1995 license renewals, expire on the last day of May in each year.
[1983 Code Part VI T.7 § 5, 6; Ord. No. 1653; Ord. No. 2409 § 1]
a. 
The owner of any newly acquired cat of licensing age or of any cat which attains licensing age shall make application for license and registration tag for such cat, within 10 days after such acquisition or age attainment.
b. 
The application shall state the sex, age, color and markings of the cat for which license and registration are sought and the name, street and post office address of the owner and of the person who shall keep or harbor such cat. The information on the application and the registration number issued for the cat shall be preserved for a period of three years by the Board of Health.
[1983 Code Part VI T.7 § 7; Ord. No. 1653]
a. 
Any person who shall bring or cause to be brought into the City any cat licensed in another state for the current year, and bearing a registration tag, and shall keep the cat or permit the cat to be kept within the City for a period of more than 90 days shall, within 10 days, apply for a license and registration tag for each such cat, unless the cat shall be part of a kennel, pet shop, shelter or pound.
b. 
Any person who shall bring or cause to be brought into the City any unlicensed cat and shall keep the cat or permit the cat to be kept within the City for a period of more than 10 days shall, immediately, apply for a license and registration tag for each such cat, unless the cat shall be part of a kennel, pet shop, shelter or pound.
[1983 Part VI T.7 § 8; Ord. No. 1653]
No person, except an authorized agent, shall remove a registration tag from the collar of any cat without the consent of the owner, nor shall any person attach a registration tag to a cat for which it is not issued.
[1983 Code Part VI T.7 § 9; Ord. No. 1653]
Licenses and registration tags shall not be required for cats under licensing age and cats owned, kept or harbored by an owner or operator of a licensed kennel, pet shop, shelter or pound.
[1983 Code Part VI T.7 § 10; Ord. No. 1653]
License fees and other moneys collected or received under the provisions of this section shall be forwarded to the City Treasurer within 48 hours after collection or receipt.
[1983 Code Part VI T.7 § 11; Ord. No. 1653; Ord. No. 07-2754 § 2]
a. 
An authorized agent shall take into custody and impound or cause to be taken into custody or impounded and thereafter destroyed or disposed of as provided in this section any cat found in or about any street, thoroughfare, place, lot or premises contrary to or not in conformance with the provisions of this subsection.
b. 
If any cat 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 the owner or the person keeping or harboring the cat is known, an authorized agent shall forthwith serve on the person or on the owner or the person keeping or harboring the cat, if known, a notice, in writing, stating that the cat has been seized and will be liable to be disposed of or destroyed if not claimed within 10 days after the service of the notice.
c. 
A notice under 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 by forwarding it by posting a prepaid letter addressed to that person at his usual or last known place of abode.
d. 
When any cat so seized has been detained for 10 days after notice, when notice can be given as above set forth, or has been detained for 10 days after seizure when notice has not been and cannot be given as above set forth, and the owner or person keeping or harboring the cat has not claimed the cat and paid all expenses incurred by reason of its detention, including maintenance costs as shall be established by the Poundmaster, and if the cat be unlicensed at the time of the seizure and the owner or person keeping or harboring the cat has not produced a license and registration tag for the cat, the Poundmaster may cause the cat to be destroyed in a manner causing as little pain as possible at a charge as shall be established by Council resolution. At any time during the ten-day period, the Poundmaster may permit the cat to be removed from the pound by the Summit Animal Welfare League, Inc., without payment by them of the expenses, provided the Summit Animal Welfare League, Inc., agrees to retain the cat for the remainder of the required ten-day period.
[1983 Code Part VI T.7 § 12; Ord. No. 1653]
Any authorized agent empowered to perform any duty under this section is hereby authorized to go upon any premises to seize for impounding any cat or cats which he may lawfully seize and impound when such officer is in immediate pursuit of such cat or cats, except upon the premises of the owner of the cat if the owner is present and forbids the same.
[1983 Code Part VI T.7 § 14; Ord. No. 1653]
No person owning, possessing, keeping, harboring or in charge of a cat (whether such cat is licensed or unlicensed) shall allow, suffer or permit such cat to become a nuisance on or about any public or private place or to any person within the City.
[1983 Code Part VI T.7 § 15; Ord. No. 1653]
No person owning, possessing, keeping, harboring or in charge of a cat shall allow, suffer or permit such cat to do any injury to a person or an animal or to do any damage to any other person's or any public lawn, shrubbery, flowers, grounds or property, including, but not limited to, depositing any urine or feces thereon.
[1983 Code Part VI T.7 § 17; Ord. No. 1653; Ord. No. 07-2754 § 2]
Any person who violates or refuses to comply with any part of this section shall be liable to a penalty of not less than $50 nor more than $500 for each offense.
a. 
No pet shop, pet shop operator, pet store, or pet store operator may sell, offer for sale, barter, auction, breed or otherwise dispose of dogs and cats in the City of Summit. Nothing in this section shall prohibit pet stores or pet shops from collaborating with animal care facilities, animal rescue organizations, pounds, or shelters to offer space for such entities to showcase adoptable dogs and cats. A pet shop or pet store shall maintain records stating the name and address of the animal care facility, animal rescue organization, pound or shelter from which each cat or dog was obtained for at least two years following the date of acquisition. Such records shall be made available, immediately upon request, to the Police Department and submitted annually, and no later than May of each year, to the City Clerk's office. Each pet shop or pet store shall display on each cage a label stating the name and address of the animal care facility, animal rescue organization, pound or shelter of each animal kept in the cage.
b. 
Nothing contained herein shall prohibit an animal care facility, animal rescue organization, pound, or shelter from keeping, displaying, making available for adoption or otherwise transferring any dog, cat, or both, that has been seized, rescued, or donated.