[Adopted 6-11-1956 (Ch. 87, Art. II, of the 1977 Code)]
Definitions. The words hereinafter defined shall have the meaning herein indicated for the purpose of this article, as follows:
- 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.
- An individual, firm, corporation or association of persons.
The words "and" and "or" may be used interchangeably, and either of the two may be applicable, whichever is more conducive towards the effectuating of this article.
Personal pronouns shall mean either the singular or plural, whichever is applicable and conducive towards the effectuating of this article.
The masculine, feminine or the neuter gender shall be implied, whichever is appropriate and conducive for the effectuating of this article.
Whenever a proclamation shall be made by the Mayor, pursuant to a resolution of the municipal governing body, requiring the muzzling of dogs, no person owning, keeping, possessing or harboring any dog shall permit or suffer such dog to run at large in any of the streets, alleys, highways or public places of the Borough of South River during the time provided for in such proclamation unless such dog is securely muzzled.
No person owning, keeping or harboring any dog shall suffer or permit it to be upon the public streets or in any public places of the Borough of South River unless such dog is securely confined 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.
Any officer or agent 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 or impound when such officer is in immediate pursuit of such dog or dogs.
No person shall hinder, molest or interfere with anyone authorized or empowered to perform any duty under this article.
[Amended 2-9-1977 by Ord. No. 1977-6]
Any person who shall fail to comply with or who violates or offends against any provisions of this article or any section thereof or the rules and regulations promulgated by the State Department of Health governing kennels, pet shops, shelters and pounds, to preserve sanitation therein and prevent the spread of rabies and other diseases of dogs within and from such establishments, shall be liable to a penalty as provided in Chapter 1, Article I, General Penalty.
The Municipal Judge of the Borough of South River is empowered, upon the filing of a complaint in writing by any person authorized by the local Board of Health when the complainant is the local Board of Health, or by the Borough Clerk or duly designated Animal Control Officer or other official when the complainant is the Borough, alleging that a violation of this article has occurred, which complaint may be made upon information and belief, to issue a process at the suit of the local Board of Health or of the Borough, as the case may be, as complainant. The process shall be in the nature of either a summons or warrant, which warrant may issue without any order of the court first being obtained against the person so charged, which process when in the nature of a summons shall be returnable in not less than five days nor more than 15 entire days and, when in the nature of a warrant, shall be returnable forthwith. The process shall state what provision of this article or of any statute pertaining to the subject matter hereof has been violated by the defendants or defendant. The court having jurisdiction may at all times amend all defects and errors in the complaint and process issued hereunder.
Any officer authorized by law to serve and execute process in the court in which the proceedings are brought hereunder may serve and execute all process in proceedings for violation of any of the provisions of this article or of the laws and statutes relating thereto.
Upon the return of process issued pursuant to this section or at any time to which the trial shall be adjourned, the court, without the filing of any pleadings, may proceed to hear the testimony without a jury and give judgment for the complainant for the penalty and costs or for the defendant if the facts warrant an acquittal.