[Adopted 3-1-1926[1]]
[Amended 12-29-2007 by Ord. No. 2007-16]
A.
Every person
who shall own, keep or harbor a dog, within the Borough of Clementon,
which has attained the age of seven months or which possesses a set
of permanent teeth, shall report and make application for a license
to the Borough Clerk, and annually thereafter during the month of
January, giving his or her name and street and post office address,
and the person who shall keep or harbor such dog, and the name, breed,
sex, age, color and markings of the dog for which license and registration
are sought and whether it is of a long- or a short-haired variety.
B.
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 hereinabove
provided for, except the owner or keeper of such dog shall not be
required to pay any fee therefor.
[Amended 4-5-1960 by Ord. No. 03-60; 9-22-1980 by Ord. No. 80-14; 9-28-1981 by Ord. No. 81-12; 12-16-1985 by Ord. No. 85-22; 12-29-2007 by Ord. No. 2007-16]
A.
Such person
shall pay to the Borough Clerk the sum of $7.50 for each neutered
dog and $10.50 for each nonneutered dog, regardless of sex, and cause
such dog or dogs to be registered for a license in the office of said
Borough Clerk, who shall then furnish the owner or keeper of the same
with a license, which shall bear the registration number of the dog,
its sex, kind and the name of the owner or custodian, which license
shall be valid and effective only from the time of its issuance until
the first day of January of the following year. The above charges
include $1 to the State of New Jersey, $0.20 to the New Jersey Pilot
Clinic Fund, and $3 to New Jersey Pet Population Control for any dog
which is not spayed or neutered, payable to the State of New Jersey.
B.
The license
fee for a dog owned by an individual 65 years of age or older shall
be reduced by 50%.
[Added 9-23-1974 by Ord. No. 74-20; amended 9-22-1980 by Ord. No. 80-14; 9-28-1981 by Ord. No. 81-12; 12-16-1985 by Ord. No. 85-22; 8-24-2004 by Ord. No. 2004-16; 12-29-2007 by Ord. No. 2007-16]
In the event that the annual license fee or fees, as the case may be, provided for in § 78-10 above are paid to the Borough Clerk subsequent to March 31 of each year, an additional late charge of $12 shall be imposed upon such person referred to in said § 78-10 and collected therefrom by the Borough Clerk.
The Borough Clerk shall keep a registry book
in which shall be entered the name and address of the owner or keeper
of said dogs, a description of the same and the number of the license
certificate issued.
Any person who shall own, keep or harbor any
dog or dogs, with the exception of kennel operators or owners or pet
shop owners or operators, provided for in subsequent sections of this
article, shall place around the neck of each dog a collar or harness
with the registration tag securely fastened thereto.
The owner or keeper of any newly acquired dog
of licensing age, or any dog which attains licensing age, which licensing
age shall be seven months, or which possesses a set of permanent teeth,
shall make application for a license and registration tag for such
dog within 10 days from such acquisition or age attainment.
A.
Any person who shall bring or cause to be brought into the Borough of Clementon any dog licensed in another state for the current year and bearing a registration tag, and shall keep the same or permit the same to be kept within the Borough of Clementon for a period of 90 days, shall immediately apply for a license and registration tag for each such dog unless such dog is licensed under § 78-17 of this article.
B.
Any person who shall bring or cause to be brought into the Borough of Clementon any unlicensed dog and shall keep the same or permit the same to be kept within the Borough of Clementon 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 § 78-17 of this article.
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.
A.
Any person or persons or partnerships, corporation
or corporations who keep or keeps, operate or operates or proposes
to establish a kennel, pet shop, shelter or pound shall apply to the
Borough Clerk of the Borough of Clementon for a license entitling
him or her, them or it to keep or operate such establishment.
B.
The application shall describe the premises where
the establishment is located or is proposed to be located, 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 Borough of Clementon
showing compliance with rules and regulations of the Borough of Clementon
and the State of New Jersey governing the location and the sanitation
of such establishments.
C.
A license issued for a kennel, pet shop, shelter or
pound shall expire on the last day of January of each year and be
subject to revocation by the Borough Council of the Borough of Clementon
on recommendation of the State Department of Health or the Borough
Health Officer for failure to comply with the rules and regulations
of the State Department of Health or regulations of the Borough of
Clementon governing the same, after the owner has been afforded a
hearing by the aforesaid Department or the Borough Council.
D.
Any person or persons, partnership or partnerships,
corporation or corporations holding such license shall not be required
to secure individual licenses for dogs owned by such licensee and
kept at such establishments; such licenses shall not be transferable
to another owner or different premises.
The annual license fee for a kennel providing
accommodations for 10 or less dogs shall be $10, and for more than
10 dogs, $25. The annual license fee for a pet shop shall be $10,
and no fee shall be charged for a shelter or pound.
No dog kept in a kennel, pet shop, shelter or
pound shall be permitted off the premises except on a leash or in
a crate or other safe control.
[Amended 12-29-2007 by Ord. No. 2007-16]
The governing body of the Borough of Clementon
shall annually cause a canvass to be made of all dogs owned, kept
or harbored within the limits of the Borough and shall report, on
or before September 1 of the year in which the census is taken, to
the Borough Clerk or other person designated to license dogs in the
municipality and to the local Board of Health, 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 unlicensed
dogs, the number of unlicensed dogs owned, kept or harbored by each
of said persons, together with a complete description of each of said
unlicensed dogs.
Every dog should be muzzled if so ordered by
the Borough Council, as hereinafter provided, and in the event the
owner or keeper of said dog fails or refuses to comply with said order
he or she shall be subject to the fines and penalties hereinafter
described.
A.
The Chief of Police of the Borough of Clementon, or
any police officer or special officer of the Borough, or animal control
officer shall take into custody and impound, or cause to be taken
into custody and impounded, and thereafter offered for adoption or
destroyed or disposed of as provided in this section:
[Amended 12-29-2007 by Ord. No. 2007-16]
(1)
Any
dog off the premises of the owner or of the person keeping or harboring
said dog, which said official or his agent or agents have reason to
believe is a stray dog.
(2)
Any
dog off the premises of the owner or of the person keeping or harboring
said dog without a current registration tag on his collar.
(3)
Any
female dog in season off the premises of the owner or of the person
keeping or harboring said dog.
(4)
Any
dog or other animal which is suspected to be rabid.
(5)
Any
dog or other animal off 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.
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 the registration tag, or the name of the owner or person
keeping or harboring said dog, is known, said officials empowered
by this section shall forthwith serve on the person whose address
is given on the collar or the owner or person keeping or harboring
said dog, if known, the 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 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 place of abode 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 given on the collar.
D.
When any dog so seized has been detained for seven
days after notice, when notice can be given as above set forth, or
has been detained for seven days after seizure when no notice has
been given as above set forth, and if the owner or person keeping
or harboring said dog has not claimed said dog and paid all expenses
incurred by reason of its detention, including maintenance not exceeding
$0.50 per day, and if the dog be unlicensed at the time of the seizure
and the owner or person keeping or harboring said dog has not purchased
a license and registration tag for said dog, the aforesaid Borough
officers empowered by this section may cause the dog to be destroyed
in a manner causing as little pain as possible.
E.
The running at large of any dog in and about the streets,
highways, roads, public places and private property other than that
possessed by the owner of said dog is hereby prohibited. No person
who shall own, keep, harbor or be responsible for a dog in the Borough
of Clementon shall permit the same to run at large as herein set forth.
[Added 3-15-1971 by Ord. No. 71-8]
F.
No person owning, keeping or harboring any dog shall
permit the dog to soil, defile, urinate, defecate or commit any nuisance
on any place where people congregate or walk or upon any public or
private property whatsoever. This provision shall apply to all privately
owned property in the Borough, except the property of the owner or
keeper of the dog and the property owned or controlled by persons
who have invited or permitted the owner or keeper of a dog to bring
such dog upon the premises.
[Added 10-27-1997 by Ord. No. 97-16]
The Chief of Police, any constable, police or
special officer of the Borough authorized or empowered to perform
any duty under this article 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 officer is in pursuit of such dog or dogs, except
upon the premises of the owner of the dog if said owner is present
and forbids the same.
No person shall hinder, molest or interfere
with anyone authorized or empowered to perform any duty under this
article.
[Amended 3-15-1971 by Ord. No. 71-8; 12-29-2007 by Ord. No. 2007-16]
Any person who violates or who fails and refuses to comply with §§ 78-9 through 78-24 of this Code shall be subject to prosecution in a court of competent jurisdiction, including the Municipal Court of the Borough of Clementon, and, upon conviction in said court, shall be subject to a fine of not less than $5 nor more than $50 for each offense or imprisonment not to exceed 60 days, or both, in the discretion of the Judge of said court.
No provisions of this article shall be construed
to apply to any establishment in the Borough of Clementon wherein
or whereon dogs are received or kept for diagnostic, medical, surgical
or other treatments, owned or operated under immediate supervision
of a graduate veterinarian licensed by the State of New Jersey.
