[Adopted as Secs. 5-1 through 5-10 of the 1997 Revised General
Ordinances]
As used in this article, the following terms shall have the
meanings indicated:
Any dog, bitch or spayed bitch.
Any dog which has attained the age of seven months or which
possesses a set of permanent teeth.
[Amended 11-14-2005 by Ord. No. 53-2005]
Any person exercising control over a dog or permitting a
dog to remain on premises under his control.
Any establishment wherein or whereon the business of boarding
or selling dogs or breeding dogs for sale is carried on, except a
pet shop.
When applied to the proprietorship of a dog, shall mean and
include every person having a right of property in the dog and every
person who has the dog in his keeping.
Any place of business which is not part of a kennel, 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.
[Amended 11-14-2005 by Ord. No. 53-2005]
An establishment for the confinement of dogs seized either
under the provisions of this article or otherwise.
Any establishment where dogs or other animals are received,
housed and distributed.
[Amended 11-14-2005 by Ord. No. 53-2005]
Any dog which has been declared by a municipal judge to be
a vicious dog which has attacked or bitten any human being or which
habitually attacks other dogs or domestic animals.
A.
License required. Licenses shall be required for the following dogs
of licensing age:
(1)
Any dog owned or kept within the City by a resident of the City on
January 1 of any calendar year.
(2)
Any dog acquired by any person during the course of any calendar
year and kept within the City for more than 10 days after acquisition.
(3)
Any dog attaining licensing age during the course of the calendar
year.
(4)
Any unlicensed dog brought into the City by any person and kept within
the City for more than 10 days.
(5)
Any dog licensed by another state brought into the City by any person
and kept within the City for more than 90 days.
B.
Application for license.
(1)
Each application for a license under this article shall give the
following information:
(2)
Registration numbers shall be issued in the order in which applications
are received.
(3)
Applications for licenses for dogs which are required to be licensed by the provisions of Subsection A(1) shall be made annually before January 31. In all other cases, the application for a license shall be made within 10 days of the day upon which the dog in question first becomes subject to the provisions of this section.
C.
License record. The information on all applications under this article
and the registration number issued to each licensed dog shall be preserved
for a period of three years by the City Clerk. In addition, the Clerk
shall forward similar information to the State Department of Health
and Senior Services each month on forms furnished by the Department.
D.
Fees.
[Amended by Ord. No. 608; Ord. No. 795]
(1)
Neutered or spayed dogs. The person applying for a license for a
neutered or spayed dog shall pay a total fee of $8.20 for each male
or female dog, of which $1 represents the New Jersey State registration
fee per P.L. 1966, Chapter 64, as amended,[1] and of which $0.20 will be paid to the Pilot Spay/Neutering
Clinic Fund of the New Jersey Department of Health and Senior Services.
[1]
Editor's Note: See N.J.S.A. 4:19-15.3.
(2)
Nonneutered or nonspayed dogs. The person applying for a license
for a nonneutered or nonspayed dog shall pay a total fee of $11.20
for each male or female dog, of which $1 represents the New Jersey
State registration fee per P.L. 1966, Chapter 64, as amended,[2] $0.20 will be paid to the Pilot Spay/Neutering Clinic
Fund, and $3 is a surcharge for nonspayed and nonneutered dogs that
will be paid to the Animal Population Control Fund of the New Jersey
Department of Health and Senior Services.
[2]
Editor's Note: See N.J.S.A. 4:19-15.3.
(4)
License duplicates. Duplicates of tags shall be issued upon execution
of an affidavit of loss and the payment of a fee of $1.
(5)
The owner of any dog or person harboring a dog who is found of licensing age who fails to obtain a license by the required date of February 1 of each license year will be required to pay an additional delinquent fee of $2 for each month or fraction thereof in addition to the regular licensing fees set forth in Subsections D(1) and (2). Such late fees shall not apply to any dogs of licensing age that are licensed not later than 10 days after the acquisition of such dogs or the attainment by said dogs of licensing age.
[Added by Ord. No. 1298-2003]
E.
Expiration date. Each dog license and registration tag shall expire
on January 31 of the calendar year following the calendar year for
which it was issued.
F.
Exceptions.
(1)
The provisions of this section shall not apply to any dog licensed under § 145-3, Pet shops, kennels, shelters and pounds.
(2)
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" and 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 or keeper shall not be required
to pay any fee.[3]
G.
Wearing of registration. All dogs which are required by the provisions
of this section to be licensed shall wear a collar or harness with
the registration tag for the dog securely fastened thereto.
H.
Use of registration tags. 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 was not issued.
I.
Interference with official duties. No person shall hinder, molest
or interfere with anyone authorized or empowered to perform any duty
under this article.
A.
License required. Any person who keeps or operates or proposes to
establish a kennel, pet shop, shelter or pound shall apply to the
City Clerk for a license entitling him to keep or operate the establishment.
Any person holding the license shall not be required to secure individual
licenses for dogs owned by the licensee and kept at the establishment;
licenses shall not be transferable to another owner or different premises.
B.
Application information. The application shall contain the following
information:
(1)
The name and permanent and local address of the applicant.
(2)
The street address where the establishment is located, or proposed
to be located, together with a general description of the premises.
(3)
The purposes for which it is to be maintained.
(4)
The maximum number of dogs to be accommodated by the establishment
at any one time.
C.
Approval of Health Officer. No license shall be issued until the
proposed licensee submits a written statement from the Animal Control
Officer that the establishment or proposed establishment complied
with local and state rules governing the location of and sanitation
at the establishment.
D.
License term. All licenses issued for a kennel, pet shop, shelter
or pound shall state the purpose for which the establishment is maintained,
and all licenses shall expire annually on January 31.
F.
Compliance with state regulations.
(1)
All licenses issued for a kennel, pet shop, shelter or pound shall
be subject to revocation by the Council on recommendation of the State
Department of Health and Senior Services or the Board of Health for
failure to comply with the rules and regulations of the State Department
of Health and Senior Services or the Board of Health, after the owner
has been afforded a hearing by either the State Department of Health
and Senior Services or the Board of Health.
(2)
Any person holding a license to establish, keep or operate a kennel,
pet shop, shelter or pound shall comply with all City ordinances and
the rules and regulations promulgated by the State Department of Health
and Senior Services governing the sanitary conduct and operation of
kennels, pet shops, shelters and pounds, the preservation of sanitation
and the prevention of the spread of rabies and other diseases of dogs
within and from these establishments.
G.
Reports to State Department of Health and Senior Services. The Clerk
shall forward to the State Department of Health and Senior Services
a list of all kennels, pet shops, shelters and pounds licensed within
30 days after the licenses are issued, which list shall include the
name and address of the licensee and the kind of license issued.
H.
Control of dogs off premises. No dog kept in a kennel, pet shop,
shelter or pound shall be permitted off the premises, except on leash
or in a crate or other safe control.
A.
License fees and other moneys collected or received under the provisions
of this article shall be forwarded to the Chief Financial Officer
within 48 hours after collection or receipt and shall be placed in
a special account separate from any of the other accounts of the City
and shall be used for the following purposes only: collecting, keeping
and disposing of dogs liable to seizure under this article; local
prevention and control of rabies; providing anti-rabies treatment
under the direction of the local Board of Health for any person known
or suspected to have been exposed to rabies; 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
the 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 the special account to the general funds of the City any amount
then in the account which is in excess of the total amount paid into
the special account during the last two fiscal years next preceding.
B.
The state registration fee of $1 for each dog shall be forwarded
within 30 days after collection or as provided by state statute by
the Clerk to the State Department of Health and Senior Services.
The Animal Control Officer shall biennially cause a canvass
to be made of all dogs and cats owned, kept or harbored within the
limits of the City and shall report to the Clerk, the Board of Health
and to the State Department of Health and Senior Services the results
thereof, setting forth in separate columns the names and addresses
of persons owning, keeping or harboring dogs and cats, the number
of licensed dogs owned, kept or harbored by each person, together
with the registration number of each dog; the number of unlicensed
dogs owned, kept or harbored by each person, together with a complete
description of each unlicensed dog; and the number of cats owned,
kept or harbored by each person.
A.
Complaint; investigation; report. It shall be the duty of the Police Department and the Animal Control Officer to receive and investigate complaints against dogs. If they deem any dog complained of to be a vicious dog, as defined in § 145-1, they shall report their findings in writing to the Judge of the Municipal Court.
B.
Notice; hearing. The Judge of the Municipal Court shall notify in
writing the owner or keeper of an allegedly vicious dog that a complaint
has been made and require the person to appear before him at a stated
time and place for a hearing. The Judge shall conduct the hearing
in the same manner as he would conduct the trial of a criminal case.
If the Judge decides that the dog complained of is a vicious dog,
he shall so notify the owner or keeper of the dog.
C.
Control of vicious dogs. No person owning or keeping a vicious dog
shall permit the dog to be off the property of the owner or keeper
without being securely muzzled.
[Added 12-21-2004 by Ord.
No. 11-2004]
A.
Causes for impounding. The Animal Control Officer shall take into
custody and impound, or cause to be taken into custody and impounded,
any of the following dogs:
(1)
Any unlicensed dog running at large in violation of the provisions
of this article.
(2)
Any dog off the premises of the owner of or the person keeping or
harboring the dog which the Animal Control Officer or his agent has
reason to believe is a stray dog.
(3)
Any dog off the premises of the owner of or the person keeping or
harboring such dog without a current registration tag on its collar.
(4)
Any female dog in season off the premises of the owner of or the
person keeping or harboring such dog.
B.
Access to premises. The Animal Control Officer or agent authorized
or empowered to perform any duty under this article is authorized
to go upon any premises to seize for impounding any dog which he may
lawfully seize and impound when the officer is in immediate pursuit
of such dog, except upon the premises of the owner of the dog if the
owner is present and forbids same.
C.
Notice of seizure.
(1)
If any dog so impounded or seized wears a registration tag, collar
or harness having inscribed thereon or attached thereto the name and
address of any person, or if the owner of or the person keeping or
harboring the dog is known, the Animal Control Officer shall immediately
serve on the person whose address is given on the collar, or on the
person owning, keeping or harboring the dog, 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 days after service of the
notice.
(2)
A notice under this subsection may be served either by delivering
it to the person on whom it is to be served, or by leaving it at the
person's usual or last known 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 usual or last known place of abode,
or to the address given on the collar.
D.
Disposition of unclaimed dogs. The Animal Control Officer is authorized
and empowered to cause the destruction of any unclaimed dog, in as
humane a manner as possible, under any of the following contingencies:
(1)
When any dog so seized has not been claimed by the person owning,
keeping or harboring such dog within seven days after notice or within
seven days of the dog's detention when notice has not been or
cannot be given, as set forth in the previous subsection.
(2)
If the person owning, keeping or harboring any dog so seized has
not claimed the dog and has not paid all expenses incurred by reason
of its detention, including maintenance, of $10 per day and a pickup
fee of $10.
(3)
If the seized dog is unlicensed at the time of its seizure and the
person owning, keeping or harboring the dog has not produced a license
and registration tag as provided in this article.
E.
Holding fee. In the event that any domestic animal is impounded by
the Animal Control Officer and held overnight in a facility maintained
by the City, the owner of such animal shall be required to pay, as
a condition to reclaiming such animal, a fee of $25 for each night
that such animal was maintained in the City's facility in order
to offset the City's costs and expenses in holding such animal.
No person shall own, keep or harbor a dog in the City except
in compliance with the provisions of this article and the following
regulations.
A.
Disturbing the peace. No person shall own, keep, harbor or maintain any dog which habitually barks or cries as described in § 340-7B, Noise.
[Amended 11-14-2005 by Ord. No. 53-2005]
B.
Running at large. No person owning, keeping or harboring any dog
shall suffer or permit it to run at large upon the public streets
or in any public park, public building, public beaches, promenade,
or other public place within the City.
C.
Leashing of dogs. No person owning, keeping or harboring any dog shall suffer or permit it to be upon the public streets or in any of the public places of the City unless the dog is accompanied by the dog's owner or caretaker and is securely confined and controlled by an adequate leash not more than six feet long. No dog shall be permitted on the Washington Street Mall, under any circumstances, whether or not controlled by a leash. A person shall be permitted to take dogs on the beach and promenade only in accordance with Section 158-9 of this Code.
[Amended by Ord. No. 959-92; 11-15-2010 by Ord. No. 218-2010]
D.
Property damage. 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.[1]
E.
Chaining or tethering dogs.
[Added 11-20-2012 by Ord.
No. 257-2012]
(1)
Dogs must be able to move freely when chained or tethered. The size
of the tether or chain must be a minimum of 15 linear feet and shall
be tangle free. The placement of the chain or tether must be such
that the dog is confined to the owner's property. Dogs must be
equipped with properly fitted harness or buckle type collars. The
chain or tether must be made of light-weight, yet durable material.
(2)
A dog house must be accessible to any dog that is chained or tethered.
(3)
Dogs that are not spayed or neutered are not permitted to be chained
or tethered for any period of time and must be in a completely enclosed
yard or housed indoors.
(4)
No dogs may be chained or tethered after dark (prior to sunrise or
after sunset).
(5)
No dogs may be chained or tethered for more than four consecutive
hours.
(6)
No dogs may be chained or tethered unless the owner or a person responsible
for the dog is at the property.
[Amended 2-19-2008 by Ord. No. 135-2008; 10-9-2008 by Ord. No. 164-2008; 10-3-2017 by Ord. No. 330-2017]
The City Manager shall have the power to appoint one or more
persons, to be known as "Animal Control Officers," who shall be supervised
by the Chief of Police. It shall be the duty of any Animal Control
Officer to enforce the provisions of this article, to impound unlicensed
dogs running at large in violation of the provisions of this article,
and to submit a monthly and annual report to the Council.
