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Township of Hillside, NJ
Union County
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Table of Contents
Table of Contents
As used in this article, the following terms shall have the meanings indicated:
DOG
Any dog, bitch or spayed bitch.
DOG OF LICENSING AGE
Any dog which has attained the age of seven months or which possesses a set of permanent teeth.
KEEPER
Any person exercising control over a dog or permitting a dog to remain on premises under his control.
KENNEL
Any establishment wherein or whereon the business of boarding or selling dogs or breeding dogs for sale is carried on, except a pet shop.
[Amended 10-21-2003]
OWNER
When applied to the proprietorship of a dog shall mean and include every person having a right of property in such dog and every person who has such dog in his keeping.
PET SHOP
Any room or group of rooms, cage or exhibition pen, not part of a kennel, wherein dogs for sale are kept or displayed.
POUND
An establishment for the confinement of dogs seized under the provisions of this chapter or otherwise.
SHELTER
Any establishment where dogs are received, housed and distributed.
[Amended 10-21-2003]
VICIOUS DOG
As defined in N.J.S.A. 4:19-17 et seq.
[Amended 10-21-2003]
A. 
License, when required. Licenses shall be required for all dogs of licensing age including:
(1) 
Any dog acquired by any person during the course of any calendar year and kept within the Township for more than 10 days after acquisition.
(2) 
Any unlicensed dog brought into the Township by any person and kept within the Township for more than 10 days.
(3) 
Any dog licensed by another state brought into the Township by any person and kept within the Township for more than 90 days.
B. 
Application for license.
(1) 
Each application for a license under this chapter shall give the following information:
(a) 
A general description of the dog sought to be licensed, including breed, sex, age, color and markings, and whether such dog is of a long- or shorthaired variety.
(b) 
Name, street and post office address of the owner of and the person who shall keep or harbor such dog.
(2) 
Registration numbers shall be issued in the order in which applications are received.
C. 
Application for license, when made. Applications for licenses for dogs which are required to be licensed shall be made to the Health Department within 10 days of the day upon which the dog in question first becomes subject to the provisions of this section.
[Amended 4-6-1993]
D. 
License record. The information on all applications under this chapter and the registration number issued to each licensed dog shall be preserved for the period of three years by the licensing authority. In addition, the issuing authority shall report to the State Department of Health each month on forms furnished by the Department.
[Amended 4-6-1993]
E. 
Fees. The person applying for a license shall pay a fee of $9 for each dog plus the prevailing New Jersey state registration fee. The person shall also pay $1 for a duplicate tag. The same fee shall be charged for the annual renewal of each license and registration tag. An additional $3 (late fee) shall be charged for all licenses issued on or after April 1 with the exception of newly acquired dogs.
[Amended 10-3-1972 by Ord. No. G-4-72; 12-18-1979 by Ord. No. G-173-79; 1-2-1992 by Ord. No. G-316-92; 12-14-2004; 12-18-2007[1]]
[1]
Editor's Note: This ordinance stated that it would take effect 1-1-2008.
F. 
Expiration date. Each dog license and registration tag shall expire on the last day of January of the calendar year following the calendar year in which it was issued.
G. 
Exceptions. The provisions of this section shall not apply to any dog licensed under § 113-3 of this chapter. 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.
[Amended 10-21-2003]
A. 
License required. Any person who keeps or operates or proposes to establish a kennel, pet shop, shelter or pound, as defined in this chapter, shall apply to the Health Department for a license entitling him to keep or operate such an establishment. Any person 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.
[Amended 4-6-1993]
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 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 Board of Health that the establishment or proposed establishment complies with 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 fees for kennel and pet shop licenses shall be as follows:
(1) 
Kennel accommodating 10 or fewer dogs: $10.
(2) 
Kennel accommodating more than 10 dogs: $25.
(3) 
Pet shop: $10.
(4) 
Shelter or pound: no fee.
F. 
Compliance with state regulations.
(1) 
All licenses issued for a kennel, pet shop, shelter or pound shall be subject to revocation by the Township Committee on recommendation of the State Department of Health or the Board of Health for failure to comply with the rules and regulations of the State Department of Health or the Board of Health, after the owner has been afforded a hearing by either the State Department of Health 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 Township ordinances 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 therein and the prevention of the spread of rabies and other diseases of dogs within and from such establishments.
G. 
Reports to State Health Department. The Clerk 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 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 such premises, except on a leash or in a crate or under other safe control.
A. 
License fees and other moneys collected or received under the provisions of this chapter, except the registration tag fees, shall be forwarded to the Township Chief Financial Officer within 30 days after collection or receipt and shall be placed in a special account separate from any of the other accounts of the Township and shall be used for the following purposes only: collecting, keeping and disposing of dogs liable to seizure under this chapter; 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 chapter. 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 Township any amount then in such account which is in excess of the total amount paid into the special account during the last two fiscal years next preceding.
B. 
The registration tag fee for each dog shall be forwarded within 30 days after collection by the Clerk to the State Department of Health.
[Amended 10-21-2003]
[Amended 10-21-2003]
The Township Committee shall annually appoint a person who shall cause a canvass to be made of all unlicensed dogs owned, kept or harbored within the limits of the Township and shall report to the Clerk, to the Board of Health and to the State Department of Health the results thereof, setting forth in separate columns the names and addresses of persons owning, keeping or harboring unlicensed dogs and the number of unlicensed dogs owned, kept or harbored by each person, together with a complete description of each unlicensed dog.
[Amended 9-1-1987 by Ord. No. G-273-87; 10-21-2003]
Vicious dogs shall be regulated as provided in N.J.S.A. 4:19-17 et seq.
[Amended 4-17-1979 by Ord. No. G-147-79; 4-6-1993; 10-21-2003]
A. 
Causes for impounding. The Police Chief or his agent shall take into custody and impound or cause to be taken into custody and impounded any of the following dogs:
(1) 
Any dog off the premises of the owner of or the person keeping or harboring such dog which the Police Chief or his agent has reason to believe is a stray dog.
(2) 
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.
(3) 
Any female dog in season off the premises of the owner of or the person keeping or harboring such dog.
(4) 
Any dog which has been determined to be a vicious dog as provided in § 113-6, provided that such dogs may also be seized by any police officer, and provided further that if such dogs cannot be seized with safety, they may be killed.
(5) 
Rabid or sick dogs, as provided in N.J.S.A. 4:19-15.16.
B. 
Access to premises. Any officer or agent authorized or empowered to perform any duty under this chapter is hereby authorized to go upon any premises to seize for impounding any dog which he may lawfully seize and impound when such 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 the same.
C. 
Notice of seizure and redemption.
(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 the owner of or if the person keeping or harboring the dog is known, the Police Chief or his agent 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, as required by N.J.S.A. 4:19-15.1 et seq.
(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.
(3) 
The owner of any dog taken or impounded may, at any time within seven days after notice or within seven days of the dog's detention, when notice has not been or cannot be given, redeem said dog by paying to the Health Department or a person so designated by it, the sum of $10.
(a) 
The Board of Health shall issue a certificate to the owner of the dog upon payment of the redemption fee authorizing the release of the dog from the place impounded.
(b) 
This section shall not be construed to prevent the making of a complaint by the proper authority for imposition of a penalty by the Municipal Court against the owner of the dog for any violation of this chapter nor the collection of any maintenance and detention charge.
D. 
Disposition of unclaimed dogs. The Police Chief or agent appointed by the Committee is authorized and empowered to cause the destruction of any unclaimed dog, in as humane a manner as possible, under the conditions as provided in N.J.S.A. 4:19-15.16.
[Amended 7-2-1976 by Ord. No. G-100-76; 10-3-1978 by Ord. No. G-132-78; 10-21-2003; 3-25-2008]
No person shall own, keep or harbor a dog in the Township except in compliance with the provisions of this chapter and the following regulations:
A. 
Wearing of registration. All dogs which are required by the provisions of this chapter to be licensed shall wear a collar or harness with the registration tag for such dog 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 without the consent of the owner, nor shall any person attach a registration tag to a dog 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 chapter.
D. 
Disturbing the peace. No person shall own, keep, harbor or maintain any dog which habitually barks or cries between the hours of 10:00 p.m. and 6:00 a.m.
E. 
Running at large. No person owning, keeping or harboring any dog shall suffer or permit it to run at large upon all premises in the Township other than that of the owner or premises where the owner has permission to be with the dog.
[Amended 10-21-2003]
F. 
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 Township unless such dog is accompanied by a person over the age of 12 years and is securely confined and controlled by an adequate leash not more than six feet long.
G. 
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.
[Amended 10-21-2003]
Where it has been determined by a physician that a person has been bitten by a dog, the procedure as set forth in N.J.S.A. 26:4-78 shall be followed.
The Township Committee may, by proclamation, require all dogs and cats to be quarantined during such period in each year which may seem advisable to it.
[Amended 10-3-1978 by Ord. No. G-132-78; 6-13-2006; 3-25-2008]
A. 
It shall be the duty of the Police Department and the Health Department to enforce the provisions of this chapter.
B. 
The following fines are applicable for violations of sections of this chapter:
(1) 
Unlicensed dog; licensed dog involved in bite or attack:
(a) 
Unlicensed dog: $35.
(b) 
Unlicensed dog/or licensed dog involved in a bite or attack:
[1] 
First offense: $250
[2] 
Second offense: $1,000.
[3] 
Third offense: $2,500.
(2) 
Dog running at large or failure to use a leash.
(a) 
First offense: $25.
(b) 
Second offense: $75.
(c) 
Third or subsequent offense: $200.
(3) 
Barking dog after permitted hours as set forth in Chapter 217.
(a) 
First offense: $25.
(b) 
Second offense: $75.
(c) 
Third or subsequent offense: $200.
C. 
Any first offense under Subsection B(1) through (3) of this section of this chapter, other than Subsection B(1)(b), does not require a court appearance to enter a guilty plea. All subsequent offenses require court appearance.