[Adopted 3-20-1990 as Ch. V of the Revised General Ordinances
of the City of Millville 1989, as amended through Ord. No. 7-1998]
The purpose of this chapter is to license and
regulate the activities of dogs and other animals within the City
to ensure the protection of the public health, safety and welfare
of the citizens.
Unless the context specifically indicates otherwise,
the meanings of the terms used in these regulations shall be as follows:
A certified municipal animal control officer, or, in the
absence of such an officer, the chief law enforcement officer of the
City or his designee.[1]
Any dog or dog hybrid trained or baited to attack persons
or animals.
Any dog or dog hybrid.
A dog which has attained the age of seven months or which
possesses a set of permanent teeth.
Any cat, dog or livestock other than poultry.
Any dog trained to attack a person at the command or instruction
of a trainer.
Any establishment where the business of boarding or selling
dogs or breeding dogs for sale is carried on, except a pet shop.
A chain, strap, cord or harness of sufficient substance to
hold the animal under control and shall be no longer than 15 feet.
Defecation or urination, destruction of property, disturbing
the peace, emitting noxious odors, or otherwise endangering or offending
the well being of the inhabitants of the City.
Any adult who has an ownership interest in or who keeps or
who harbors or who feeds an animal whether in his or her own place
of abode or other location within the City.
[Amended 5-18-2021 by Ord. No. 16-2021]
A natural person, association, corporation, firm, partnership,
trust or other legal entity.
Any room or group of rooms, cage or exhibition pen, not part
of a kennel, where dogs or other animals are kept or displayed for
sale.
A dog actively engaged by a law enforcement agency to aid
in its law enforcement duties.
Any dog declared potentially dangerous by a Municipal Court
pursuant to state law.
An establishment for the confinement of dogs seized either
under the provisions of this chapter or otherwise.
Any parcel of land and any structures located thereon.
To be free of physical restraint or control beyond the boundaries
of the premises of the owner.
Any establishment where animals are received, housed and
distributed.
Any animal found running at large.
Any person who trains or owns an attack dog or guard dog
or from whom an attack dog or guard dog takes commands or instructions.
Any dog declared vicious by a Municipal Court pursuant to
state law.
[1]
Editor's Note: The former definition of "aggressive breed
dog," which immediately preceded this definition, was repealed 10-18-2011
by Ord. No. 18-2011.
A.
License. Any person who shall own, keep or harbor
a dog of licensing age shall apply for and procure from the Tax Collector
a license and official metal registration tag for each dog, and shall
place upon each dog a collar or harness with the registration tag
securely fastened thereto.
[Amended 12-18-2012 by Ord. No. 40-2012]
B.
Contents of application. The application for a license
shall contain the name and address of the owner of the dog and the
person who shall keep or harbor the dog, a short description of the
dog including breed, sex, age, color and markings, and proof of current
rabies vaccination for the period of the license sought. This information
and the registration number shall be preserved for three years and
shall be forwarded to the State Department of Health as required by
law.
C.
Official metal registration tag. The official metal
registration tag for each dog shall be securely fastened on the dog's
collar or harness and shall be maintained there at all times unless
removed with the consent of the owner or by the Animal Control Officer.
In no event shall a dog be off the premises of the owner without the
official metal registration tag securely fastened to the dog's collar
or harness. No person shall attach a registration tag to a dog for
which it was not issued.
D.
Evidence of inoculation. No license and official metal
registration tag shall be issued for any dog unless the owner provides
evidence that the dog to be licensed and registered has been inoculated
with a rabies vaccine as required by federal law and state law.
E.
Attack dogs and guard dogs. Any person who shall own,
keep or harbor an attack dog or guard dog as defined herein shall
apply for a license and official metal registration tag within 72
hours from the time when the dog is brought on the premises within
the City.
F.
Potentially dangerous dogs. When a dog has been declared
by a Municipal Court to be potentially dangerous dog pursuant to state
law, a special license and special registration tag shall be issued
pursuant to N.J.S.A. 4:19-30. Said license and registration tag shall
be applied for within 72 hours from the time when the Court declaration
is made.
G.
License for kennel, pet shop, shelter and pound. Any
person who operates or proposes to establish a kennel, pet shop, shelter,
or pound shall apply to the City Clerk for a license to operate such
an establishment. Said applicant shall comply with the applicable
development regulations of the City[1]
[Amended 12-18-2012 by Ord. No. 40-2012]
H.
No
property within the City shall have or maintain five or more dogs
of licensing age unless the property is licensed as a kennel, pet
shop, shelter, or pound.
[Added 12-18-2012 by Ord. No. 40-2012[2]]
[2]
Editor's Note: This ordinance also provided for the redesignation
of former Subsection H as Subsection I.
I.
Notification. The Tax Collector or his or her designee
shall notify the Fire Department, Police Department and Rescue Squad
servicing the municipality of the fact that an animal has been registered
as an attack dog, guard dog or a dog which has been declared potentially
dangerous pursuant to state law.
[Amended 12-18-2012 by Ord. No. 40-2012]
A.
Any person who shall own, keep or harbor a dog of
licensing age shall annually apply for and procure a license and official
metal registration tag for the dog during the period from January
1 through March 31. The license and registration tag shall expire
on December 31.
B.
The owner of any newly acquired dog of licensing age
or of any dog which attains licensing age during the calendar year
shall make application for a license and registration tag for such
dog within 10 days of such acquisition or age attainment.
C.
Any person who shall bring or cause to be brought
into the City an unlicensed dog of licensing age and shall 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 such
dog.
D.
Any person who shall bring or cause to be brought
into this City a dog licensed within another state and shall keep
the dog or permit the dog to remain within the City for a period of
more than 90 days shall immediately apply for a license and registration
tag for such dog.
A.
A person registering a dog shall pay to the Tax Collector
the sum of $7 per year as a license fee and state regulation fee.
[Amended 10-2-2007 by Ord. No. 37-2007; 12-18-2012 by Ord. No. 40-2012]
C.
A person registering an attack dog or guard dog shall
pay to the Tax Collector the sum of $50 per year as a license fee.
[Amended 10-2-2007 by Ord. No. 37-2007; 12-18-2012 by Ord. No. 40-2012]
D.
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 and registered
as other dogs, except that the owner or keeper of such dog shall not
be required to pay any fee. Police dogs on active duty and not retired
are likewise exempt from the payment of any fee.
E.
A person registering a dog declared by a Municipal
Court to be a potentially dangerous dog in accordance with state law
shall pay to the Tax Collector the sum of $700 per year as a license
fee pursuant to N.J.S.A. 4:19-31.
[Amended 12-18-2012 by Ord. No. 40-2012]
F.
A person registering a dog late shall be charged an
added assessment of $10 over and above the annual licensing fee required
by this section.
[Amended 10-2-2007 by Ord. No. 37-2007; 10-18-2011 by Ord. No. 18-2011]
G.
The annual license fee for a kennel, pet shop, shelter,
and pound is set forth in N.J.S.A. 4:19-15.9.
H.
The fee for a nonspayed female dog and a nonneutered
male dog is $10.
[Added 10-2-2007 by Ord. No. 37-2007]
A.
License fees and other moneys collected under the
provisions of this chapter shall be forwarded to the Chief Financial
Officer and shall be placed in a special account separate from other
accounts maintained by the City and used for the following purposes
only:
(1)
Collecting, keeping and disposing of dogs and other
animals liable to seizure.
(2)
Local prevention and control of rabies.
(3)
Providing anti-rabies treatment under the direction
of the County Health Department for a person exposed to rabies.
(4)
All other purposes prescribed by state law governing
the subject.
B.
Any unexpected balance remaining in this special account
shall be retained therein until the end of the third fiscal year and
may be used for any of the purposes set forth in this section. At
the end of the third fiscal year and at the end of each fiscal year
thereafter, there shall be transferred from the special account to
the general funds of the City any amount then in the special account
which is in excess of the total amount paid into the special account
during the previous two fiscal years.
C.
The registration tag fee collected for each dog shall
be forwarded by the Tax Collector to the State Department of Health
within 30 days.
[Amended 12-18-2012 by Ord. No. 40-2012]
A.
Except as to licensing and registration, police dogs
on active duty and not retired shall be exempt from the regulations
imposed by this chapter.
B.
Except as to licensing and registration, Seeing Eye
dogs, service dogs and hearing ear dogs shall be exempt from the regulations
imposed by this chapter.
A.
Disturbance of the peace. No person shall own, keep
or harbor any dog or other animal which habitually barks, howls or
cries and thereby disturbs the peace and quiet of the neighborhood
and creates a nuisance at any time of the day or night.
B.
Leashing. No person owning, keeping or harboring any
dog or similar animal shall permit it to be upon a public street,
sidewalk, thoroughfare, park, playground, school yard or in any of
the public places of the City unless it is controlled by an adequate
leash or tether not more than 15 feet long.
C.
Nuisance prohibited. No person owning, keeping or
harboring any dog or other animal shall cause or allow said animal
to soil, defile, deface or defecate on, or commit any nuisance on
any public property. The person in charge of such animal shall immediately
remove all feces deposited by such animal by any sanitary method.
This same provision applies to any private property when the activities
of the animal occur without permission of the property owner.
D.
Property damage. No person owning, keeping or harboring
a dog or other animal shall permit it to do any injury or to do any
damage to any lawn, shrubbery, flowers, grounds, garden or property
of another person unless consented to by the other person.
E.
Running at large. No person owning, keeping or harboring
any dog or other animal shall permit the animal to run at large, outside
of the control of the owner, on public property or private property
off the premises of the owner.
A.
Muzzled. An attack dog, guard dog, or a dog declared
by a Municipal Court to be potentially dangerous pursuant to state
law shall be muzzled at all times when the animal is off the premises
of the owner or when the animal is off the premises of a person harboring
or keeping said animal.
B.
Posting of signs. The owner or other person in control
of an attack dog, guard dog or dog declared by a Municipal Court to
be potentially dangerous pursuant to state law shall post signs on
the premises where the dog is maintained stating one of the following:
"Warning: Attack Dog on Premises," "Warning: Guard Dog on Premises"
or "Warning: Dangerous Dog on Premises."
C.
Public places. No aggressive breed dog, attack dog,
guard dog, or a dog declared by a Municipal Court to be potentially
dangerous pursuant to state law shall be permitted inside public buildings,
public parks, public ball fields, public beaches and public recreational
areas owned, controlled by or under the jurisdiction of the City.
A.
The provisions of N.J.S.A. 4:19-17 through 4:19-37
governing vicious and potentially dangerous dogs are incorporated
by reference.
B.
When a Municipal Court has declared a dog to be a
potentially dangerous dog, it may require the owner to maintain liability
insurance in an amount not to exceed $25,000 in accordance with the
provisions of N.J.S.A. 4:19-24b. The liability insurance 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.
[Amended 8-20-2002 by Ord. No. 26-2002]
The provisions of N.J.S.A. 4:22-1 et seq. governing
the prevention of cruelty to animals are incorporated by reference.
It shall be the duty of the Animal Control Officer
to seize any stray cats, and if the cat lacks a collar with any means
of identifying the owner, he shall place the cat for adoption or disposal
in a humane fashion.
A.
No person shall own, keep or harbor a wolf or wolf
hybrid or wildlife hybrid within the City.
B.
No person shall own, keep or harbor any exotic animal
which is covered by the Endangered Species Act within the City.
C.
No person shall own, keep or harbor a pot-belly pig
or other livestock within the City on property of less than two acres
in size.
D.
No person shall own, keep or harbor on their premises
any wild or vicious animal for display, training or exhibition purposes
whether gratuitously or for a fee.
E.
No person shall own, keep or harbor any wild animal
as a pet.
F.
No person shall own, keep or harbor a dog or other
animal on unoccupied premises.
A.
The Animal Control Officer of the City shall take
into custody and impound any of the following:
(1)
Any dog or other domestic animal off the premises
of the owner which the Animal Control Officer has reason to believe
is a stray.
(2)
Any dog or other domestic animal off the premises
of the owner without a current registration tag or other means of
identification.
(3)
Any female dog in season off the premises of the owner.
(4)
Any dog or other animal which is suspected to be rabid.
(5)
Any dog or other domestic animal off the premises
of the owner observed by the Animal Control Officer to be ill, injured
or creating a threat to public health, safety or welfare, or otherwise
interfering with the enjoyment of property.
B.
If any animal so seized wears a collar or harness
with a registration tag or has information inscribed on the collar
or harness which identifies the owner, the Animal Control Officer
shall provide written notice to the owner stating that the animal
has been seized and shall be liable to be offered for adoption or
destroyed if not claimed within seven days after service of the notice.
C.
A notice under this section may be served either by
hand delivering it to the person who is the owner, or by leaving it
at the owner's premises, or by forwarding it by regular and certified
mail to the last known address of the owner or the address given on
the collar.
D.
The owner of the animal shall be responsible for all
expenses incurred by the City in connection with the seizure and impounding
of the animal.
The governing body of the City shall have the
authority to establish by resolution an animal control shelter to
provide services for the City, and to contract for services with that
shelter consistent with the requirements established by state law.
[Amended 6-19-2018 by Ord. No. 34-2018]
A.
Certified
Animal Control Officer appointment. The governing body of the City
is the appropriate authority to appoint a certified Animal Control
Officer who shall be responsible for animal control within the City
and who shall enforce the provisions of this article. In the absence
of such an appointment, the chief law enforcement officer of the City,
or his designee, shall act in that capacity.
B.
Certified
Animal Control Officer certification. The governing body of the City
shall ensure that any person appointed to the position of Animal Control
Officer shall be certified in accordance with the provisions of N.J.S.A.
4:19-15.16a, together with the state rules and regulations adopted
pursuant thereto.
C.
Municipal Humane Law Enforcement Officer(s) appointment.
(1)
The governing body shall appoint at least one Municipal Humane Law
Enforcement Officer pursuant to N.J.S.A. 4:22-14.1, with qualifications
and duties as provided in N.J.S.A. 4:22-14.2.
(2)
The governing body may designate as a Municipal Humane Law Enforcement
Officer any qualified individual who satisfactorily completes the
training course developed pursuant to N.J.S.A. 4:22-11.11, as soon
as practicable, but no later than one year after the date on which
the officer's designation is approved by the Chief of Police. An Animal
Control Officer or a police officer may serve concurrently as a Municipal
Humane Law Enforcement Officer, so long as the Officer is able to
effectively carry out the duties and responsibilities required of
each position held.
The Animal Control Officer and the Assistant
Animal Control Officer of the City engaged in the performance of his
or her duty is hereby authorized to enter upon any premises to seize
or impound any dog or other animal which he may lawfully seize or
impound when such officer is in the immediate pursuit of said animal
except upon the premises of the owner of the animal if said owner
is present and forbids same. In that event, the Animal Control Officer
must apply to a court of competent jurisdiction to obtain a search
warrant and authority to seize the animal.
No person shall give false information, hinder,
or interfere with anyone authorized or empowered to perform any duty
under this chapter.
The Chief of Police of the City shall, pursuant
to N.J.S.A. 4:19-15.15, cause a canvass to be made of all dogs owned,
kept or harbored within the City and shall report to the City Clerk,
Director of Public Safety and state agencies required by state law
the result of the canvass setting forth in separate columns the name
and address of persons owning, keeping or harboring unlicensed dogs,
the number of unlicensed dogs owned, kept or harbored by each person
together with a complete description of each unlicensed dog.
A.
Any person found to have violated the provisions of
this chapter shall be fined for the first offense not more than $200.
B.
Any person found to have committed a second violation
of the same or any other provision of this chapter shall be punished
by a fine not to exceed $1,000 or by imprisonment not to exceed 90
days, or by community service not to exceed 90 days, or any combination
thereof, in the discretion of the Municipal Court.
C.
Each day that a violation of this chapter exists shall
constitute a separate offense. Notwithstanding the penalties described
herein for violations of this chapter, the municipality shall be entitled
to pursue any other remedies available in law or in equity to enforce
the provisions hereof and to protect the citizens of the City.
D.
The provisions of this chapter shall not in any way
be deemed to hinder or prohibit prosecution of violators pursuant
to state law and the penalties and provisions of state law are deemed
to be in addition to the penalties and provisions of this chapter.
