[Adopted as Ch. V of the Revised General
Ordinances]
As used in this article, the following terms
shall have the meanings indicated:
Any dog which has attained the age of seven months or which
possesses a set of permanent teeth.
Any establishment where the business of boarding, selling
or breeding dogs for sale is carried on, except for a pet shop.
Every person having a right of property in any dog and every
person who has a dog in his custody and any person exercising control
over a dog or permitting a dog to remain on premises under his control.
Any place, other than a kennel, where dogs are kept or displayed
for sale.
An establishment for the confinement of dogs seized under
the provisions of this article or otherwise.
Any establishment where dogs are kept or housed without charge.
Any dog which has attacked or bitten or attempted to attack
or bite any human being without provocation or which habitually attacks
other dogs or domestic animals or destroys property.
A.
License; when required.
(1)
Licenses shall be required for the following dogs
of licensing age:
(a)
Any dog owned or kept within the Borough on the first
day of January of any calendar year.
(b)
Any dog acquired by any person during the course of
any calendar year and kept within the Borough for more than 10 days
after acquisition.
(c)
Any dog attaining licensing age during the course
of the calendar year.
(d)
Any unlicensed dog brought into the Borough by any
person and kept within the Borough for more than 10 days.
(e)
Any dog licensed by another state brought into the
Borough by any person and kept within the Borough for more than 90
days.
(2)
Only one license and registration tag shall be required
in any licensing year for any dog owned in New Jersey, and the license
and tag issued by any other municipality of this state shall be accepted
by the Borough as evidence of compliance with this article.
B.
Application for license.
[Amended 3-1-1998 by Ord. No. 98-02; 12-6-2005 by Ord. No.
05:30; 4-6-2010 by Ord. No. 10:04]
(1)
Each application for a dog license shall be made to
the Borough Clerk, or any other officer as may be designated by the
Borough Council, and shall give the following information:
(2)
Registration numbers shall be issued in the order
in which applications are received. The information on the application
and the registration number issued for the dog shall be preserved
by the Borough Clerk, or any other officer as may be designated by
the Borough Council, for a period of three years. In addition, the
Borough Clerk, or any other officer as may be designated by the Borough
Council, shall forward similar information to the State Department
of Health each month on forms furnished by the Department.
C.
Application for license; when made. Applications for licenses for dogs which are required to be licensed by the provisions of § 85-2A(1)(a) shall be made before the last day of January of each year. In all other cases, the application for a license shall be made within 10 days of the date upon which the dog in question first became subject to the provisions of this article.
D.
Fees. The person applying for a license shall pay
the following fees:
[Amended 3-1-1998 by Ord. No. 98-02; 12-6-2005 by Ord. No.
05:30; 11-7-2007 by Ord. No. 07:31]
(1)
For a nonspayed or nonneutered dog of reproductive
age, the fee for a license shall be $13.20 for each dog of licensing
age.
(2)
For a spayed or neutered dog, the fee for a license
shall be $10.20 for each dog of licensing age. To qualify for such
reduced fee, the owner shall be required to submit to the Borough
Clerk, or any other officer as may be designated by the Borough Council,
a certificate signed by a licensed veterinarian stating that the dog
has been spayed or neutered.
[Amended 4-6-2010 by Ord. No. 10:04]
E.
Expiration date. Each dog license and registration
tag shall expire on the last day of January of the year following
the year in which it was issued.
F.
Exceptions. Dogs used as guides for blind persons
and commonly known as "Seeing-Eye dogs" shall be licensed in the same
manner as other dogs, except that the owner shall not be required
to pay any fee.
G.
Late fee. Any person applying for a dog license renewal
will be subject to a late fee of $10 for each license renewal applied
for and issued after March 1 of each year.
[Added 12-6-2005 by Ord. No. 05:30]
[1]
Editor's Note: The statute that provides for
the licensing of dogs is N.J.S.A. 4:19-15.1 et seq.
A.
License required. Any person who operates or proposes
to establish a kennel, pet shop or pound shall apply to the Borough
Clerk, or any other officer as may be designated by the Borough Council,
for a license entitling him to keep or operate such establishment.
Any person holding such a license shall not be required to secure
individual licenses for dogs owned by him and kept at his establishment.
Such licenses shall not be transferable to another owner or different
premises.
[Amended 3-1-1998 by Ord. No. 98-02; 12-6-2005 by Ord. No.
05:30; 4-6-2010 by Ord. No. 10:04]
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 establishment is located,
or proposed to be located, together with a general description of
the premises.
(3)
The purpose for which the establishment is to be maintained.
(4)
The maximum number of dogs to be accommodated by such
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 Heath
Officer of the Board of Health that the establishment or the proposed
establishment complies with the local and state rules governing the
location of and sanitation at such 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 such licenses shall expire on the last day
of January of each year.
E.
License fees. The annual license fee for kennels,
pet shops, shelters and pounds shall be as follows:
F.
Compliance with state regulations.
(1)
Any license issued for a kennel, pet shop, shelter
or pound shall be subject to revocation by the Mayor and Council on
recommendation of the State Department of Health or the Board of Health
of the Borough for failure to comply with the rules and regulations
of the State Department of Health or the Borough Board of Health after
the owner has been afforded a hearing by either the State Department
of Health or the Borough Health Board.
(2)
Any person holding a license to establish, keep or
operate a kennel, pet shop, shelter or pound shall comply with all
Borough ordinances and 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
therein and the prevention of the spread of rabies and other diseases
of dogs within and from such establishments.
G.
Report to State Health Department. The Borough Clerk,
or any other officer as may be designated by the Borough Council,
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 names and addresses
of the licensees and the kinds of license issued.
[Amended 3-1-1998 by Ord. No. 98-02; 12-6-2005 by Ord. No.
05:30; 4-6-2010 by Ord. No. 10:04]
H.
Control of dogs off premises. No dog kept in a kennel,
pet shop, shelter or pound shall be permitted off such premises, except
on a leash or in a crate or other safe control.
[Amended 3-1-19983-1-1998 by Ord. No. 98-02]
A.
The Borough Clerk, or any other officer as may be
designated by the Borough Council, shall forward $7 from the license
fee paid for all dogs to the Borough Treasurer within 30 days after
collection or receipt, and this portion of the fee shall be placed
in a special account separate from any of the other accounts of the
Borough to be used for the following purposes only: for collecting,
keeping and disposing of dogs liable to seizure under this article;
for local prevention and control of rabies; for 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; for all
other purposes prescribed by the statutes of New Jersey governing
the subject and administering the provisions of this article.
[Amended 12-6-2005 by Ord. No. 05:30; 4-6-2010 by Ord. No.
10:04]
B.
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 Borough any amount then in such
account that is in excess of the total amount paid into the special
account during the last two fiscal years next preceding.
C.
The Borough shall forward to the State Department
of Health the following portions of the license fees paid for each
dog:
(1)
Three dollars for each dog that has not had its reproductive
capacity permanently altered shall be forwarded to the Department
of Health for deposit in the Animal Population Control Fund pursuant
to N.J.S.A. 41:19-15.3b.
(2)
Twenty cents for each dog licensed shall be forwarded
to the Department of Health to be placed in the Pilot Clinic Fund
pursuant to N.J.S.A. 4:19-15.3c.
(3)
One dollar for each dog licensed shall be the registration
tag fee, which shall be forwarded within 30 days of collection to
the State Department of Health for deposit in accordance with N.J.S.A.
4:19-15.11.
[Amended 12-6-2005 by Ord. No. 05:30; 4-6-2010 by Ord. No.
10:04]
The Borough Clerk, or any other officer as may
be designated by the Borough Council, shall annually cause a canvass
to be made of all dogs owned, kept or harbored within the limits of
the Borough and shall report to the Clerk, the Board of Health of
the Borough and to the State Department of Health the results, 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 by each person,
together with a complete description of each unlicensed dog.
A.
Vaccination required. No person shall own a dog within
the Borough unless it has been vaccinated against rabies.
B.
Procedure for vaccination. Vaccinations shall be performed
by a veterinarian licensed to practice in the State of New Jersey.
The vaccine used shall be from a manufacturer licensed by the Bureau
of Animal Industry of the United States Department of Agriculture,
and the dosage shall be as recommended by the manufacturer. All dogs
shall be revaccinated before expiration of the period of time for
which the vaccine used is known to be effective.
C.
Exceptions.
(1)
The Health Officer of the Board of Health may exempt
any dog from the provisions of this section if there is presented
to him a certificate from a licensed veterinarian stating that it
would be undesirable to vaccinate a particular dog for a specified
period of time because of the dog's age, infirmity or other physical
condition.
(2)
No vaccination shall be required for any dog confined
to a licensed kennel, pet shop, shelter, pound or veterinary hospital.
D.
Certificate. The fact that a dog has been vaccinated
against rabies shall be evidenced by a certificate from the veterinarian
performing the vaccination. The certificate shall either be on a form
approved by the Health Officer of the Board of Health or a standard
immunization certificate used by the veterinarian. The certificate
shall be presented to the Health Officer within 10 days after each
vaccination. In the case of dogs vaccinated before being brought into
the Borough, the certificate shall be presented to the Health Officer
within 10 days after the dog is brought into the Borough.
E.
Certificate required prior to issuance of license. No dog license shall be issued until the certificate required by Subsection D of this section or the certificate provided for in Subsection C of this section, duly endorsed by the Health Officer of the Board of Health, is presented to the Borough Clerk, or any other officer as may be designated by the Borough Council.
[Amended 12-6-2005 by Ord. No. 05:30; 4-6-2010 by Ord. No.
10:04]
No person shall own a dog in the borough except
in compliance with the following regulations:
A.
Registration tags. At the time of the issuance of
each dog's license, a metal registration tag shall be issued for each
dog licensed. All dogs shall wear a collar or harness with the registration
tag for that dog securely fastened to it.
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 without the consent of the owner or attach
a registration tag to a dog for which it was not issued.
C.
Disturbing the peace. No person shall own any dog
which habitually barks or cries in a manner that would disturb a reasonable
person, particularly between the hours of 10:00 p.m. and 6:00 a.m.
D.
Running at large. No person owning a dog shall permit
it to run at large upon the public streets or in any public park or
in any public building or in any public place in the borough nor permit
a dog to run at large upon private property without the permission
of the owner.
E.
Leashing of dogs. No person owning a dog shall permit
it to be upon the public streets or in any other public place in the
borough unless the dog is accompanied by a person capable of controlling
it and is securely fastened to an adequate leash not more than six
feet long.
F.
Property damage. No person owning or in control of
a dog shall permit it to damage any lawn, shrubbery, flowers, grounds
or other property.
G.
Dogs not permitted on municipal or school-owned property.
No person owning or having the control, custody or possession of a
dog shall permit or suffer such dog to enter upon any municipal or
school-owned property or premises whatsoever as posted, including
but not limited to the following property and premises:
A.
Complaint; investigation; report. It shall be the duty of the Chief of Police or a police officer designated by him to receive and investigate complaints against dogs. If he deems any dog complained of to be a vicious dog, as defined in § 85-1, he shall report his findings in writing to the Municipal Judge.
B.
Notice; hearing. The Municipal Judge shall notify
in writing the owner of an allegedly vicious dog that a complaint
has been made and require the owner to appear before him at a stated
time and place for a hearing. The Municipal Judge shall conduct the
hearing in the same manner as he would conduct the trial of a criminal
case. If the Municipal Judge decides that the dog complained of is
a vicious dog, he shall so notify the owner of the dog.
A.
Causes for impounding. The Secretary to the Board
of Health or his agents shall take into custody and impound any of
the following dogs:
[Amended 12-6-2005 by Ord. No. 05:30]
B.
Notice of seizure. If any dog impounded or seized
wears a registration tag, collar or harness having inscribed on or
attached to it the name and address of any person or the owner of
the dog, a notice shall immediately be served on the person whose
address is given on the collar or on the person owning the dog 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. 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 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.
C.
Disposition of impounded dogs. Any impounded dog may
be destroyed in as humane a manner as possible, under any of the following
contingencies:
(1)
When any dog seized has not been claimed by any person
within seven days' notice or within seven days of the dog's seizure
when notice cannot be given, as set forth in the previous subsection.
(2)
If the person owning the dog seized has not paid all
the expenses incurred by reason of its seizure, including a maintenance
charge not to exceed $1 per day.
(3)
If the seized dog is unlicensed at the time of its
seizure and the person owning, keeping or harboring such dog has not
procured a license and registration tag as required by this article.
The Secretary to the Board of Health is authorized to charge the owner,
if known, the sum of $1 for each animal destroyed. A similar charge
may be made by the Secretary to the Board of Health for the destruction
of any animal whose destruction is requested by the owner.
[Amended 12-6-2005 by Ord. No. 05:30]
A.
In general. When any dog attacks or bites a human
being, the Secretary to the Board of Health or the Health Officer
of the Board of Health may order the owner of the dog to confine it,
either on the owner's premises or at any other reasonable location
which the Secretary to the Board of Health or the Health Officer designates,
for a period of 10 days. The expense of confining the dog shall be
borne by the owner.
[Amended 12-6-2005 by Ord. No. 05:30]
B.
Examination. The Health Officer or any other person designated by the Borough Health Department shall have the right to examine any dog confined under the provisions in Subsection A of this section at any reasonable time, including daily examinations, for a period of 10 days after the dog has attacked or bitten any person to ascertain whether the animal shows symptoms of rabies.
C.
Release from quarantine. Regardless of whether or not the period of time from which the owner was directed to confine the dog has expired, no dog confined under the provisions of Subsection A of this section shall be released from quarantine until the Borough Health Department issues a certificate of release. The certificate shall only be issued after either the person designated by the Health Department to examine the dog or some other licensed veterinarian has certified in writing that the animal appears to be healthy and free from rabies.
D.
General quarantine. Whenever the Secretary to the
Board of Health or the Board of Health is notified by the State Department
of Health or determines himself or itself that there is danger of
an epidemic of rabies in the borough, he shall order all persons owning
or having custody of dogs in the borough to keep their dogs confined
to their own premises. Notice that an order has been issued may be
either written or oral and may be served personally, by mail, by publication
in a newspaper circulating in the borough, by conspicuously posting
it in public places or by any other method calculated to actually
reach the persons affected.
[Amended 12-6-2005 by Ord. No. 05:30]
A.
Access to premises. Any officer authorized or empowered
to perform any duty under this article may go upon any premises to
seize for impounding any dog or dogs which he may lawfully seize and
impound when he is in immediate pursuit of such a dog or dogs, except
upon the premises of the owner of the dog if the owner is present
and forbids it.
B.
Interference with official duties. No person shall
interfere with anyone authorized or empowered to perform under this
article.
Any person who violates any provisions of this
article or who fails or refuses to comply with the provisions of the
statute herein referred to or any rules and regulations promulgated
by the State Department of Health, pursuant to said statute, shall
be liable to a penalty of not less than $5 nor more than $50 for each
offense in the discretion of the Municipal Judge. A person who refuses
or neglects to pay a fine imposed hereunder and costs incident thereto
may be committed to the County Jail for a period not exceeding 10
days in the case of a first conviction, and in the case of a conviction
for a second, subsequent or continuing violation for a period not
exceeding 30 days in the discretion of the Municipal Judge.
