[Adopted 2-17-1998 by Ord. No. 97-17]
[Amended 10-6-2003 by Ord. No. 03-5]
As used in this article, the following terms
shall have the meanings indicated:
Any domestic short- or long-haired cat.
Any cat which has attained the age of seven months.
[Added 3-6-2007 by Ord. No. 06-21]
The fee for licensing and registering a cat which is not
spayed or neutered.
[Added 6-5-2007 by Ord. No. 06-34]
A person 18 years of age or older who has satisfactorily
completed a course of study approved by the Commissioner of Health
and Senior Services and the Police Training Commission as prescribed
by Paragraphs (1) through (3) of N.J.S.A. 4:19-15.16a or who has been
employed in the State of New Jersey in the capacity of, and with similar
responsibilities to those required of, a certified Animal Control
Officer for a period of three years before January 17, 1987.
Any dog, bitch or spayed bitch.
Any dog which has attained the age of seven months or which
possesses a set of permanent teeth.
The fee imposed for licensing and registering a dog which
is not spayed or neutered.
[Added 6-5-2007 by Ord. No. 06-34]
Any bird, including but not limited to ducks, geese or chickens.
Any person over 18 years of age exercising control over a
dog or permitting a dog to remain on premises under his control.
Any establishment where the business of boarding, selling
or breeding dogs for sale is carried on, except a pet shop.
Any domestic animal, including but not limited to cattle,
horses, donkeys, sheep, goats, rabbits, swine, poultry or fowl raised
for home use or profit.
When applied to the proprietorship of a dog, includes every
person having a right of property in such dog and every person who
has such dog in such person's keeping, and when applied to the proprietorship
of any other animal, including but not limited to a cat, shall include
every person having a right of property in that animal and every person
who has that animal in such person's 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 sale
to individuals for personal appreciation and companionship rather
than for business or research purposes.
An establishment for the confinement of dogs, or other animals
seized either under the provisions of this article or otherwise.
Any establishment where dogs, cats or other animals are received,
housed and distributed.
[Amended 3-6-2007 by Ord. No. 6-21]
Any license issued under this section shall be for a dog or cat. Licensing of vicious dogs is governed by § 83-4.
A.
Licenses for dogs and cats, when required.
(1)
Any person who shall own, keep or harbor a dog or
cat of licensing age in the City shall be required to procure a license
and official metal registration tag for:
(a)
Any dog or cat owned, kept or harbored within the
City on the first day of January of any calender year.
(b)
Any dog or cat acquired by any person during the course
of any calendar year and kept within the City for more than 10 days
after acquisition.
(c)
Any dog or cat attaining licensing age during the
course of the calendar year.
(d)
Any unlicensed dog or cat brought into the City by
any person and kept within the City for more than 10 days.
(e)
Any dog or cat licensed by another state brought into
the City by any person and kept within the City for more than 90 days.
(2)
A dog or cat with a valid license and registration
tag from another municipality within the state shall be in compliance
with this section for that licensing year.
B.
Application form.
(1)
Each application for a license under this section
shall give the following information:
(a)
A general description of the dog or cat sought to
be licensed, including breed, sex, age, color and markings, and whether
long- or short-haired and if a dog, whether it has been surgically
debarked or silenced.
(b)
Name, street and post office address of the owner
of, and the person who shall keep or harbor, the dog or cat.
(c)
If a dog, evidence that the dog to be licensed and
registered has been inoculated with a rabies vaccine of a type approved
by and administered in accordance with the recommendation of the United
States Department of Health, Education, and Welfare or has been certified
as exempt as provided by regulations of the State Department of Health.
(2)
License forms and uniform metal registration tags
shall be numbered serially and shall bear the year of issuance and
the name of the City. (N.J.S.A. 4:19-15.3)
C.
Application for license; when made. An application for a license for a dog or a cat which is required to be licensed shall be made before the first day of May of each calender year, with the exception of calendar year 2007, when licenses and registrations shall be obtained before the first day of July 2007. If obtained after July 1, 2007, a late fee of $5 shall be charged in addition to the other fees. In all other cases, the application for a license shall be made within 10 days of the day upon which the dog or cat in question first becomes subject to the provisions of this section as set forth in Subsection A.
D.
License record. The information on all applications
for dog and cat licenses and the registration number issued to each
licensed dog or cat under this section shall be preserved for a period
of three years by the City Tax Collector. In addition, the City Tax
Collector shall forward similar information on dogs to the State Department
of Health each month on forms furnished by the Department.
E.
Fees. Fees for the following shall be as set forth in Chapter 149, Fees, Article II, Schedule of Fees:
(1)
Dog and cat licenses.
(2)
Dog and cat registration tags.
(3)
The daily cost for impounding a dog pursuant to N.J.S.A.
4:19-16 et seq.
(4)
The cost for the destruction of a dog, pursuant to
N.J.S.A. 4:19-16 et seq. and N.J.S.A. 4:19-17 et seq.
(5)
Any owner who, at the time of registration and licensing,
cannot present proof a cat or dog has been neutered or spayed shall
pay a cat population control fee or a dog population control Fee.
[Added 6-5-2007 by Ord. No. 06-34]
F.
Expiration date. Each dog or cat license and registration
tag shall expire on the last day of April of the calendar year following
the calendar year in which it was issued.
G.
Exception for certain dogs. 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," dogs
used to assist deaf persons and commonly known as "hearing ear" dogs
and dogs used by the Police Department to assist in official law enforcement
matters and commonly known as "K-9 dogs," shall be licensed and registered
as other dogs hereinabove provided for, except that the owner or keeper
of such dog shall not be required to pay any fee therefor.
H.
No household or dwelling within the City of Bridgeton
shall, from the effective date of this section, harbor, possess, own
or control more than four dogs and/or cats; provided, however, any
household harboring, possessing, sheltering or owning more than four
dogs and/or cats per household on the effective date of this section
shall be permitted to continue for a period of 10 years from the effective
date of this section.[1]
A canvass of all dogs owned kept or harbored
within the City limits shall be conducted under the supervision of
the Chief of Police, or his designated agent. A report shall be prepared
on or before September 1 of each year and sent to the person designated
to license dogs in the City and to the State Department of Health.
[Amended 10-6-2003 by Ord. No. 03-5]
A.
DEPARTMENT
DOG
DOMESTIC ANIMAL
POTENTIALLY DANGEROUS DOG
VICIOUS DOG
Definitions. As used in this section, the following
terms shall have the meanings indicated:
The Department of Health.
Any dog or dog hybrid.
Any cat, dog, or livestock other than poultry.
Any dog or dog hybrid declared potentially dangerous by a
municipal court pursuant to Section 7 of P.L. 1989, c. 307 (N.J.S.A.
4:19-23).
Any dog or dog hybrid declared vicious by a municipal court
pursuant to Section 6 of P.L. 1989, c. 307 (N.J.S.A. 4:19-22).
B.
Seizure and impoundment of dog by Animal Control Officer.
(1)
An Animal Control Officer shall seize and impound
a dog when the officer has reasonable cause to believe that the dog:
(a)
Attacked a person and caused death or serious bodily
injury as defined in N.J.S.A. 2C:11-1(b) to that person;
(b)
Caused bodily injury as defined in N.J.S.A. 2C:11-1(a)
to a person during an unprovoked attack and poses a serious threat
of harm to persons or domestic animals;
(c)
Engaged in dog fighting activities as described in
N.J.S.A. 4:22-24 and N.J.S.A. 4:22-26; or
(d)
Has been trained, tormented, badgered, baited or encouraged
to engage in unprovoked attacks upon persons or domestic animals.
(2)
The dog shall be impounded until the final disposition
as to whether the dog is vicious or potentially dangerous. Subject
to the approval of the Animal Control Officer, the dog may be impounded
in a facility or other structure agreeable to the owner.
C.
Notice of seizure and impoundment.
(1)
The Animal Control Officer shall notify the Municipal
Court immediately that he has seized and impounded a dog under this
section, or that he has reasonable cause to believe that a dog has
killed another domestic animal and that a hearing is required. The
Animal Control Officer shall through a reasonable effort attempt to
determine the identity of the owner of any dog seized and impounded
as set forth herein. If its owner cannot be identified within seven
days, that dog may be humanely destroyed.
(2)
The Animal Control Officer shall within three working
days of the determination of the identity of the owner of a dog seized
and impounded pursuant Section 3 of P.L. 1989, c. 307 (N.J.S.A. 4:19-19),
notify by regular mail and certified mail, return receipt requested,
the owner concerning the seizure and impoundment and that, if the
owner wishes, a hearing will be held to determine whether the impounded
dog is vicious or potentially dangerous. This notice shall also require
that the owner return within seven days, by certified mail or hand
delivery, a signed statement indicating whether he wishes the hearing
to be conducted or if not, to relinquish ownership of the dog, in
which case the dog may be humanely destroyed. If the owner cannot
be notified by certified mail, return receipt requested, or refuses
to sign for the certified letter, or does not reply to the certified
letter with a signed statement within seven days of receipt, the dog
may be humanely destroyed.
D.
Finding to declare dog vicious.
(1)
The Municipal Court shall declare the dog vicious
if it finds by clear and convincing evidence that the dog:
(2)
A dog shall not be declared vicious for inflicting
death or serious bodily injury as defined in N.J.S.A. 2C:11-1(b) upon
a person if the dog was provoked. The municipality shall bear the
burden of proof to demonstrate that the dog was not provoked.
(3)
If the Municipal Court declares the dog to be vicious,
and no appeal is made of this ruling, the dog shall be destroyed in
a humane and expeditious manner, except that no dog may be destroyed
during the pendency of an appeal.
E.
Finding to declare dog potentially dangerous.
(1)
The Municipal Court shall declare a dog to be potentially
dangerous if it finds by clear and convincing evidence that the dog:
(a)
Caused bodily injury as defined in N.J.S.A. 2C:11-1(a)
to a person during an unprovoked attack, and poses a serious threat
of bodily injury or death to a person; or
(b)
Killed another domestic animal and poses a threat
of serious bodily injury or death to a person or poses a threat of
death to another domestic animal; or
(c)
Has been trained, tormented, badgered, baited or encouraged
to engage in unprovoked attacks upon persons or domestic animals.
F.
Order and schedule for potentially dangerous dog.
If the Municipal Court declares the dog to be potentially dangerous,
it shall issue an order and a schedule for compliance which, in part:
(1)
Shall require the owner to comply with the following
conditions:
(a)
To apply, at his own expense, to the Municipal Clerk
or other official designated to license dogs for a special potentially
dangerous dog license, registration number, and red identification
tag. The owner shall, at his own expense, have the registration number
tattooed upon the dog in a prominent location. A potentially dangerous
dog shall be impounded until the owner obtains a municipal potentially
dangerous dog license, municipal registration number, and red identification
tag;
(b)
To display, in a conspicuous manner, a sign on his premises warning that a potentially dangerous dog is on the premises. The sign shall be visible and legible from 50 feet of the enclosure required pursuant to Subsection F(1)(c) of this section;
(c)
To immediately erect and maintain an enclosure for
the potentially dangerous dog on the property where the potentially
dangerous dog will be kept and maintained which has sound sides, top
and bottom to prevent the potentially dangerous dog from escaping
by climbing, jumping or digging and within a fence of at least six
feet in height separated by at least three feet from the confined
area. The owner of a potentially dangerous dog shall securely lock
the enclosure to prevent the entry of the general public and to preclude
any release or escape of a potentially dangerous dog by an unknowing
child or other person. All potentially dangerous dogs shall be confined
in the enclosure or, if taken out of the enclosure, 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 potentially dangerous dog's movements to
a radius of no more than three feet from the owner and under the direct
supervision of the owner;
(2)
May require the owner to maintain liability insurance
in an amount determined by the Municipal Court to cover any damage
or injury caused by the potentially dangerous dog. The liability insurance,
which may be separate from any other homeowner policy, 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.
G.
Procedures for appeal. The owner of the dog, or the
Animal Control Officer in the municipality in which the dog was impounded,
may appeal any final decision, order, or judgment, including any conditions
attached thereto, of a Municipal Court pursuant to P.L. 1989, c. 307
(N.J.S.A. 4:19-17 et seq.) by filing an appeal with the Superior Court
Law Division, in accordance with the Rules Governing the Courts of
the State of New Jersey pertaining to appeals from courts of limited
jurisdiction. The Superior Court shall hear the appeal by conducting
a hearing de novo in the manner established by those rules for appeals
from courts of limited jurisdiction.
H.
Liability of owner for costs of impoundment and destruction.
(1)
If a dog is declared vicious or potentially dangerous,
and all appeals pertaining thereto have been exhausted, the owner
of the dog shall be liable to the municipality in which the dog is
impounded for the costs and expenses of impounding and destroying
the dog. The municipality may establish by ordinance a schedule of
these costs and expenses.[1] The owner shall incur the expense of impounding the dog
in a facility other than the municipal pound, regardless of whether
the dog is ultimately found to be vicious or potentially dangerous.
(2)
If the dog has bitten or exposed a person within 10
days previous to the time of euthanasia, its head shall be transported
to the New Jersey State Department of Health laboratory for rabies
testing.
I.
Right to convene hearing for subsequent actions of
dog. If the Municipal Court finds that the dog is not vicious or potentially
dangerous, the Municipal Court shall retain the right to convene a
hearing to determine whether the dog is vicious or potentially dangerous
for any subsequent actions of the dog.
J.
Duties of owner of potentially dangerous dog. The
owner of a potentially dangerous dog shall:
(1)
Comply with the provisions of P.L. 1989, c. 307 (N.J.S.A.
4:19-17 et seq.) in accordance with a schedule established by the
Municipal Court, but in no case more that 60 days subsequent to the
date of determination;
(2)
Notify the licensing authority, local police department
or force, and the Animal Control Officer if a potentially dangerous
dog is at large, or has attacked a human being or killed a domestic
animal;
(3)
Notify the licensing authority, local police department
or force, and the Animal Control Officer within 24 hours of the death,
sale or donation of a potentially dangerous dog, and shall make available
the carcass for inspection by the Animal Control Officer or a police
officer;
(4)
Prior to selling or donating the dog, inform the prospective
owner that the dog has been declared potentially dangerous;
(5)
Upon the sale or donation of the dog to a person residing
in a different municipality, notify the department and the licensing
authority, police department or force, and Animal Control Officer
of that municipality of the transfer of ownership and the name, address
and telephone of the new owner; and
(6)
In addition to any license fee required pursuant to
Section 3 of P.L. 1941, c. 151 (N.J.S.A. 4:19-15.3), pay a potentially
dangerous dog license fee to the municipality as provided by Section
15 of P.L. 1989, c. 307 (N.J.S.A. 4:19-31). (N.J.S.A. 4:19-28)
K.
Violations by owner; penalties; enforcement; seizure
and impoundment of dog; destruction by order of court. The owner of
a potentially dangerous dog who is found by clear and convincing evidence
to have violated this section, or any rule or regulation adopted pursuant
thereto, or to have failed to comply with a court's order shall be
subject to a fine of not more than $1,000 per day of the violation,
and each day's continuance of the violations shall constitute a separate
and distinct violation. The Municipal Court shall have jurisdiction
to enforce this section. An Animal Control Officer is authorized to
seize and impound any potentially dangerous dog whose owner fails
to comply with the provisions of P.L. 1989, c. 307 (N.J.S.A. 4:19-17
et seq.), or any rule or regulation adopted pursuant thereto, or a
court's order. The Municipal Court may order that the dog so seized
and impounded be destroyed in an expeditious and humane manner. (N.J.S.A.
4:19-29)
L.
Potentially dangerous dog registration number, red
identification tag and license; issuance; telephone number to report
violations; publicity. Each municipality shall:
(1)
Issue a potentially dangerous dog registration number
and red identification tag along with a municipal potentially dangerous
dog license upon a demonstration of sufficient evidence by the owner
to the Animal Control Officer that he has complied with the court's
orders. The last three digits of each potentially dangerous dog registration
number issued by a municipality will be the three-number code assigned
to that municipality in the regulations promulgated pursuant to Section
17 of P.L. 1989 c. 307 (N.J.S.A. 4:19-33) the Animal Control Officer
shall verify, in writing, compliance to the Municipal Clerk or other
official designated to license dogs in the municipality;
(2)
Publicize a telephone number for reporting violations
of this section. This telephone number shall be forwarded to the Department
and any changes in this number shall be reported immediately to the
Department. (N.J.S.A. 4:19-30)
N.
Inspection to determine continuing compliance. The Animal Control Officer shall inspect the enclosure and the owner's property at least monthly to determine continuing compliance with Subsection F. (N.J.S.A. 4:19-32)
O.
Acts deemed exercise of government function; application
of Tort Claims Act. Any act undertaken pursuant to the provisions
of this section shall be deemed to be an exercise of a government
function and shall be subject to the provisions of the New Jersey
Tort Claim Act, N.J.S.A. 59:1-1 et seq. (N.J.S.A. 4:19-34)
P.
Deposit and use of fines and fees. All fines and fees
collected or received by the municipality pursuant to this section
shall be deposited in a special account and used by the municipality
to administer and enforce the provisions of this section. (N.J.S.A.
4:19-35)
Q.
Inapplicability of this section to dogs used for law
enforcement purposes. The provisions of this section shall not apply
to dogs used for law enforcement activities. (N.J.S.A. 4:19-37)
[Amended 3-6-2007 by Ord. No. 06-21]
A.
Causes for impounding. The Animal Control Officer
shall seize, take into custody and impound or cause to be taken into
custody and impounded any of the following:
(1)
Any unlicensed dog or cat running at large in violation
of the provisions of this article.
(2)
Any dog or cat off the premises of the owner or the
person keeping or harboring the dog or cat which the Animal Control
Officer or his agent has reason to believe is a stray dog or cat.
(3)
Any dog or cat off the premises of the owner or the
person keeping or harboring such dog or cat without a current registration
tag on its collar.
(4)
Any female dog in season off the premises of the owner
or the person keeping or harboring such dog or cat.
(5)
Any dog or cat which has been determined to be a vicious dog or cat as provided in § 83-4, provided that these dogs may also be seized by any police officer, and provided further that if the dogs cannot be seized with safety, they may be killed. (N.J.S.A. 4:19-15.16)
(6)
Any dog or cat or other animal on the premises of
the owner reported to, or observed by, a Certified 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.
(7)
Any dog or cat or other animal which is suspected
to be rabid or bitten by a dog, cat or other animal suspected of having
rabies.
B.
Access to premises. Any officer or agent authorized
or empowered to perform any duty under this article is hereby authorized
to go on any premises to seize for impounding any dog, cat or other
animal which he may lawfully seize and impound when the officer is
in immediate pursuit of the dog, cat or other animal except on the
premises of the owner of the dog, cat or other animal if the owner
is present and forbids same. No person shall hinder, molest or interfere
with any officer authorized or empowered to perform under this article.
C.
Notice of seizure.
(1)
If any dog or cat so impounded or seized wears a registration
tag, collar or harness showing the name and address of any person
or the owner of, or the person keeping or harboring the dog or cat
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 or cat, a notice in writing stating that
the dog or cat has been seized and will be liable to be offered for
adoption 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 post in a prepaid letter
addressed to that person at his usual or last known place of abode
or to the address on the collar.
D.
Disposition of unclaimed dogs, cats or animals.
(1)
Adoption or destruction after seven days.
(a)
Any person authorized by the governing body may cause
an animal to be destroyed in a manner causing as little pain as possible
and consistent with the provisions of N.J.S.A. 4:22-19 or offered
for adoption seven days after seizure, provided that:
[1]
Notice is given as set forth above and the animal
remains unclaimed; or
[2]
The owner or person keeping or harboring the
animal has not claimed the animal and paid all expenses incurred by
reason of its impoundment and detention, including maintenance costs
as set forth elsewhere; or
[3]
The owner or person keeping or harboring a dog
which was unlicensed or untagged at the time of seizure does not produce,
and refuses to obtain or produce, a license or registration tag for
the dog or fails to pay all expenses incurred by reason of its impoundment
and detention, including maintenance costs, as set forth elsewhere;
or
[4]
The owner or person keeping or harboring an
unlicensed dog which has been seized or impounded does not obtain
the release of the dog from the Animal Control Officer upon completion
of a form which provides for licensing and registration of the dog
within seven days and upon payment of all costs of seizure and impoundment.
(b)
Adoption shall not be allowed, if the dog is a vicious
dog or potentially dangerous dog.
(2)
Right of ownership after adoption. If an animal is
offered for adoption, the right of ownership in the animal shall transfer
to the new owner at the time of adoption.
(3)
No experimentation. No dog or other animal so caught
and detained or procured, obtained, sent or brought to a pound or
shelter shall be sold or otherwise made available for the purpose
of experimentation. Any person who sells or otherwise makes available
any such dog or other animal for the purpose of experimentation shall
be guilty of a disorderly persons offense.
(4)
Observation for rabies. After observation, any animal
seized under this section suspected of being rabid shall be immediately
reported to the executive officer of the local board of health and
to the State Department of Health. (N.J.S.A. 4:19-15.16)
[Amended 3-6-2007 by Ord. No. 06-21]
No person shall own, keep or harbor a dog, cat,
animal or livestock in the City except in compliance with the provisions
of this article and the following regulations:
A.
Wearing of registration tag. All dogs or cats which
are required by the provisions of this article to be licensed shall
wear a collar or harness with the registration tag for the dog or
cat securely fastened thereto.
B.
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 or cat without the consent of the owner,
nor shall any person attach a registration tag to a dog or cat for
which it was not issued.
C.
Interference with official duties. No person shall
hinder, molest or interfere with anyone authorized or empowered to
perform any duty under this article.
D.
Disturbing the peace. No person shall own, keep, harbor
or maintain any dog, cat or animal which frequently barks, howls or
cries and thereby disturbs the peace and quiet of the neighborhood
or creates a nuisance at any time of the day or night.
E.
Running at large. No dog, cat, livestock or other
animal shall run at large upon the public streets or in any public
park, public building or other public place within the City.
F.
Leashing of animals. No dog, cat, livestock or other
animal shall be upon the public streets or in any of the public places
of the City unless such dog, cat, livestock or other animal is securely
controlled and controlled by a leash, chain or tether which shall
be not more than five feet long and of sufficient strength to contain
said dog, cat, or livestock.
G.
Property damage. No dog, cat, livestock or other animal
shall injure, or do any damage to any lawn, shrubbery, flowers, grounds
or property.
H.
Infection and disease. No person shall willfully sell
or offer to sell, use or expose any livestock, dog, cat or other animal
having an infectious or contagious disease dangerous to the health
or life of humans or animals.
The premises on which dogs, cats, or livestock
or other animals are maintained shall at all time conform to the following
requirements:
A.
Dogs, cats, livestock or other animals shall be confined
to such premises or portion thereof as will preclude odors.
B.
Buildings, enclosures or facilities, food storage
bins, equipment, and feed areas shall be constructed and maintained
so as to permit proper cleaning and shall be cleaned regularly and
maintained in a sanitary conditions at all times.
C.
Water supply shall be adequate for the facility, building
or enclosure and for proper cleaning.
D.
Disposition shall be made of animal wastes, excrement,
refuse and/or garbage upon the premises in order to prevent insect
breeding or rodent infestation or pollution or any unhealthy or unsanitary
condition.[1]
[1]
Editor's Note: Original Section 10, Abuse
of Animals, which immediately followed this section, was deleted 10-6-2003
by Ord. No. 03-5.
Where it has been determined by a physician
that a person has been bitten by a dog, the individual, or his parent
or guardian if he is a minor, shall immediately notify the police.
When the owner or keeper of any dog is notified by the police that
the dog has bitten any individual or individuals, the owner or keeper
of the dog must comply with the following procedures:
A.
Have the dog examined by a licensed veterinarian within
12 hours.
B.
Have the dog kept in quarantine in the owner's home
or at a kennel for a period of 10 days.
C.
At the end of 10 days have the dog reexamined by a
veterinarian and a written report of the dog's state of health sent
to the Board of Health.
The Council may, by proclamation, require all
dogs and cats to be quarantined during any period in each year which
may seem advisable to the Council.
No person shall own, keep or harbor livestock within the City unless the person complies with Chapter 370, Zoning.
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 Tax Collector 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, cats or other animals
to be accommodated by the establishment at any one time.
C.
Approval of officers. No license shall be issued until
the proposed licensee submits a written statement from the Health
Officer that the establishment or proposed establishment complies
with local ordinances, including zoning ordinances and state statutes
or rules, and state rules governing the location of and the 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 on the last day of January
of each year.
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 or the Health Officer for failure
to comply with the rules and regulations of the State Department of
Health or the Health Officer, after the owner has been afforded a
hearing by either the State Department of Health or the Council.
(2)
Any person holding a license to establish, keep or
operate a kennel, pet shop, shelter or pound shall comply with all
City regulations and the rules and regulations promulgated by the
State Department of Health 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 disease of dogs
within and from these establishments.
G.
Report to the State Health Department. The City Tax
Collector 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 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.
Certified Animal Control Officer. The City Council
shall appoint a Certified Animal Control Officer who shall be responsible
for animal control within the City and who shall report to the Chief
of Police.
B.
Shelters. The City shall provide a shelter or pound
or shall contract for provision of shelter services to include confinement
and housing, destruction or adoption of animals.
A.
Special account. License fees and other monies except
the registration tag fees shall be paid to the Tax Collector after
the application is filed with the office of the Municipal Clerk, and
shall be placed in a special account separate from the other accounts
of the City within five days and shall be used for the following purposes
only:
[Amended 9-19-2017 by Ord. No. 17-20]
(1)
Collecting, keeping and disposing of dogs liable to
seizure under this article.
(2)
Local prevention and control of rabies.
(3)
Providing anti-rabies treatment under the direction
of the Health Officer for any person known or suspected to have been
exposed to rabies.
(4)
All other purposes prescribed by the statutes of New
Jersey governing the subject and for administering the provisions
of this article.
B.
Unexpended balance in special account. 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.
C.
Dog registration tags and other dog fees collected
by the City shall be forwarded within 30 days after collection to
the State of New Jersey as required by state law.
[Amended 3-6-2007 by Ord. No. 06-21]
[Amended 7-17-2000 by Ord. No. 00-3; 10-6-2003 by Ord. No. 03-05]
A.
Any person who shall violate the provisions of §§ 83-2A or C or 83-6B and C, 83-11A and H and/or rules and regulations promulgated by the State Department of Health shall, for a first offense, be liable for a penalty of not less than $50 nor more than $100, and for a second offense a penalty of not less than $100 nor more than $200, and for a third offense not less than $200 nor more than $300 for each subsequent offense, to be recovered in the manner provided by N.J.S.A. 4:19-15.19 et seq.
[Amended 12-5-2005 by Ord. No. 05-7]
B.
Any person who shall violate any other provision of
the chapter shall be liable for the first offense, and for each subsequent
offense, shall be liable, upon conviction, for the penalty stated
in N.J.S.A. 40:69A-29. Each day in which such violation continues
shall be deemed to constitute a separate offense. The court may assess
court costs as an additional penalty in addition to any cost of detention,
disposition or impoundment.
If the applicant purposely misstates the facts
on the application, in addition to the ability of the Council to deny
the application or suspend or revoke the license, if previously applied
for or granted, the applicant shall be deemed to have violated this
article and shall forfeit the fee and be subject to the maximum penalties
as set forth in N.J.S.A. 40:69A-29. There shall be a rebuttable presumption
that any misstatements of the application are purposeful.
