[Amended 8-21-1979 by Ord. No. 4518-79]
As used in this article, the following terms
shall have the meanings indicated:
A dog off the premises of the person owning or keeping or
harboring it and not in a crate or other safe control, or not securely
fastened to a tether, leash or chain, held by its owner or other person
capable of controlling said dog.
Any act as set forth in N.J.S.A. 4:22-26.
[Added 2-4-2003 by Ord. No. 6330-03]
Allowing a dog to defecate in the road between the curblines.
This does not include the grass strip area between the curb and the
sidewalk.
Any male or female dog, bitch or spayed bitch.
Any dog which has attained the age of seven months or which
possesses a set of permanent teeth.
Any kind of chain, rope or strapping, the length of which
is not to exceed six feet from collar to handle, that is sufficiently
capable of controlling the dog.
When applied to the proprietorship of a dog, includes every
person having a right of property in such dog and every person who
harbors or has such dog in his keeping.
Any dog which has attacked or bitten any human being or which
habitually attacks other dogs or domestic animals.
[Amended 8-18-1987 by Ord. No. 5193-87]
[Amended 8-21-1979 by Ord. No. 4518-79; 2-20-2007 by Ord. No. 6643-07]
Any person who shall own, keep or harbor a dog
of licensing age in the City shall, in the month of January in each
year, apply for and procure from the Health Department a license and
official metal registration tag for each such dog so owned, kept or
harbored and shall place upon each such dog a collar or harness with
the registration tag securely fastened thereto. Said application shall
be accompanied by proof that the dog has been inoculated with rabies
vaccine as required by applicable state laws and regulations.
The owner of any newly acquired dog of licensing
age or of any dog which attains licensing age shall apply for a license
and registration tag for such dog within 10 days after such acquisition
or age attainment.
A.
Any person who shall bring or cause to be brought into the City 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 City for a period of more than 90 days shall immediately apply for a license and registration tag for each such dog, unless a license for such dog is not required under § 203-21.
B.
Any person who shall bring or cause to be brought into the City any unlicensed dog and shall keep the same or permit the same to be kept within the City for a period of more than 10 days shall immediately apply for a license and registration tag for each such dog, unless a license for such dog is not required under § 203-21.
A.
Fees; renewals; expiration.
[Amended 8-2-1966 by Ord. No. 3702; 9-20-1966 by Ord. No. 3707; 10-21-1975 by Ord. No.
4301-75; 12-15-1981 by Ord. No. 4679-81; 1-3-1984 by Ord. No. 4864-84; 12-20-1988 by Ord. No. 5317-88; 1-3-1995 by Ord. No. 5714-95]
(1)
The person applying for the license shall pay a fee
of either:
[Amended 2-4-2003 by Ord. No. 6330-03; 12-16-2003 by Ord. No.
6387-03; 1-5-2009 by Ord. No. 6788-09; 1-3-2017 by Ord. No.
7344-17; 4-18-2023 by Ord. No. 7813-23]
(a)
Seventeen dollars per year for any sterilized dog over the age
of six months, which proof of sterilization must be presented at the
time of application;
(b)
Twenty-one dollars per year for any nonsterilized dog over the
age of six months;
(c)
In addition, three-year licenses shall be available at a cost
of $48 covering a three-year period for any sterilized dog over the
age of six months, which proof of sterilization must be presented
at the time of application, and three-year licenses shall be available
at a cost of $60 for any nonsterilized dog over the age of six months;
(d)
Replacement tags are $2.
(2)
Except for three-year licenses, which shall be renewed
every three years, each license shall be renewed annually. Proof of
rabies immunization must be presented at the time of license or renewal
application. Said licenses and renewals thereof shall expire on the
31st day of January in the year the license must be renewed. There
shall be added to any license fee paid after March 1 a late charge
of $10.
B.
Dogs used as guides for blind persons and commonly
known as "Seeing Eye" dogs shall be licensed and registered as other
dogs as hereinabove provided for, except that the owner or keeper
of such dog shall not be required to pay any fee therefor.
[Amended 2-20-2007 by Ord. No. 6643-07]
License forms and uniform official metal registration
tags designed by the State Department of Health shall be furnished
by the Health Department and shall be numbered serially and shall
bear the year of issuance and the name of the City.
[Amended 8-21-1979 by Ord. No. 4518-79; 2-20-2007 by Ord. No. 6643-07]
The application shall state: the breed, sex,
age, color and markings of the dog for which the license and registration
are sought, and whether it is for a long-haired or short-haired variety;
the name, street, post office address and telephone number of the
owner and the person who shall keep or harbor such dog. Accompanying
the application shall be satisfactory proof of inoculation with rabies
vaccine as hereinabove provided and also the date and duration of
such inoculation. The information on said application and the registration
number issued for the dog shall be preserved for a period of three
years by the Health Department. In addition, they shall forward to
the State Department of Health each month, on forms furnished by the
State Department, an accurate account of registration numbers issued
or otherwise disposed of. Registration numbers shall be issued in
the order of the application.
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.
No person shall suffer any licensed or unlicensed
dog to run at large upon any of the streets or public places of the
City or upon the property of any other person.
[Amended 8-21-1979 by Ord. No. 4518-79; 8-8-2007 by Ord. No. 6678-07]
A.
Excessive noise.
(1)
No person shall permit or cause any dog or other animal
in his custody, control or ownership to engage in periods of sustained
barking, howling, crying or other loud noises for any period of 30
consecutive minutes or two or more intervals of 15 consecutive minutes
or more within a one-hour period, between the hours of 10:00 p.m.
and 7:00 a.m., which cause an objectively unreasonable disturbance
to the quiet of any person or persons residing in the vicinity of
the dog or other animal.
(2)
No person shall permit or cause any dog or other animal
in his custody, control or ownership to be left outdoors if the dog
or other animal engages in periods of sustained barking, howling,
crying or other loud noises for any period of 15 consecutive minutes
or more which would cause an objectively unreasonable disturbance
to the quiet of any person or persons residing in the vicinity of
the dog or other animal.
(3)
Any person observing a violation as defined in Subsection A(1) or (2) herein shall first file a certification with the Health Department of the City of Clifton which shall specifically state: a) the date and time or times of the alleged violation; b) the specific place and nature of the violation alleged; c) the name and address of the owner or custodian of the dog or other animal, if known; and d) the description of the dog or other animal, if known. Upon receipt of the certification which sets forth the alleged violation, the Health Department will then send a notice of alleged violation to the owner or custodian of the dog or other animal which shall inform the party of the offense alleged and advise that if a subsequent offense should occur, a complaint may be filed in the Clifton Municipal Court.
(4)
Any police officer, health official or other person authorized to act on behalf of the City of Clifton, who personally observes the commission of an offense as defined in Subsection A(1) or (2) herein shall be permitted to institute a complaint in the Municipal Court with or without prior notice to the alleged offender.
(5)
Exceptions:
(a)
Any dog pound or similar facility owned or operated
by the City of Clifton shall be exempt from application of this subsection.
(b)
Any person that is legally blind or disabled
and requires a Seeing Eye dog or other dog for assistance shall be
exempt from application of this subsection.
(c)
Any licensed pet store, kennel or animal boarding
facility shall be exempt from application of this subsection.
B.
Other nuisances. No person, owning, harboring, keeping
or in charge of any dog shall cause, suffer or allow such dog to soil,
defile, defecate on or commit any nuisance on any common thoroughfare,
sidewalk, passageway, bypath, play area, park or any place where people
congregate or walk, or upon any public property whatsoever, or upon
any private property without the permission of the owner of said property.
The restriction in this section shall not apply to "curbing" as hereinabove
defined, subject, however, to the following conditions:
(1)
The person who so curbs such dog shall immediately
remove all feces deposited by such dog by any sanitary method approved
by the local health authority.
(2)
The feces removed from the aforementioned designated
area shall be disposed of by the person owning, harboring, keeping
or in charge of any dog curbed in accordance with the provisions of
this article in a sanitary manner approved by the local health authority.
[Amended 8-21-1979 by Ord. No. 4518-79; 1-3-1995 by Ord. No. 5714-95]
The procedures concerning potentially dangerous
or vicious dogs set forth in N.J.S.A. 4:19-17 et seq. shall be followed
in all matters where dogs which fall under the aforesaid statute are
found. The licensing fee for dogs determined to be potentially dangerous
under N.J.S.A. 4:19-23 shall be $150.
[Amended 2-4-2003 by Ord. No. 6330-03]
The City Manager may appoint, at such times
and for such terms as may from time to time seem expedient, an Animal
Control Officer and/or Animal Cruelty Investigator, and such assistants
as may be required, whose duties shall include the following:
A.
Enforce all laws and ordinances enacted for the protection
of animals, including but not limited to, animal control, animal welfare
and animal cruelty laws of the state and local ordinances.
B.
Conduct investigations and initiate and prosecute
complaints and/or violations of animal control, animal welfare or
animal cruelty laws of the State of New Jersey, as well as local ordinances.
C.
Engage in the apprehension and arrest and detection
of offenders who have violated animal control, animal welfare and
animal cruelty laws of the state as well as local ordinances.
D.
Working in consultation and cooperation with the Clifton
Police Department, the Animal Control Officer and any other Animal
Cruelty Investigator under the direction of the Animal Control Officer
as well as the City Manager when applicable, and when necessary cooperatively
determining whether probable cause exists for the application and
issuance of a search or arrest warrant and implementing same.
A.
The Animal Control Officer/Animal Cruelty Investigator
or his duly appointed assistant shall take into custody and impound
or cause to be taken into custody and impounded the following:
[Amended 2-4-2003 by Ord. No. 6330-03]
(1)
Any dog off the premises of the owner or of the person
keeping or harboring said dog which said Animal Control Officer/Animal
Cruelty Investigator or his assistant has 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.
(5)
Any vicious dog off the premises of the owner or of the person keeping or harboring said dog in violation of § 203-12.
(6)
Any dog which the owner or person keeping or harboring
said dog wishes to dispose of and to which he renounces ownership,
custody and control, in writing.
B.
If any dog seized, as provided in Subsection A(1) through (5), both inclusive, of this section, wears a collar or harness having inscribed thereon or attached thereto the name and address of any person or a registration tag or the owner or the person keeping or harboring said dog is otherwise known, the Animal Control Officer/Animal Cruelty Investigator shall forthwith serve on the person whose address is given on the collar, or on the owner or the person keeping or harboring said dog, if known, a 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.
[Amended 2-4-2003 by Ord. No. 6330-03]
C.
Such notice 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 given on the collar.
D.
When any dog seized in accordance with Subsection A(1) through (5), both inclusive, of this section 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 notice has not been and cannot be 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 $20 per day, and, if the dog is unlicensed at the time of the seizure and the owner or person keeping or harboring said dog has not produced a license and registration tag for said dog, the Animal Control Officer/Animal Cruelty Investigator may cause the dog to be destroyed in a manner causing as little pain as possible.
[Amended 2-4-2003 by Ord. No. 6330-03; 1-2-2008 by Ord. No. 6711-08]
E.
When any dog shall be delivered to the Animal Control Officer/Animal Cruelty Investigator under Subsection A(6) of this section, no notice to the owner shall be required, unless the person delivering said dog is someone other than the owner, in which event the foregoing procedure shall be followed; if the person delivering said dog is the owner, the Animal Control Officer/Animal Cruelty Investigator may forthwith destroy the dog in a manner causing as little pain as possible.
[Amended 2-4-2003 by Ord. No. 6330-03]
[Amended 2-4-2003 by Ord. No. 6330-03]
The Animal Control Officer/Animal Cruelty Investigator
or any authorized person is authorized to 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 dog or dogs, except
upon the premises of the owner of the dog if said owner is present
and forbids the same.
[Amended 2-4-2003 by Ord. No. 6330-03]
No person shall hinder, molest or interfere
with any persons appointed as Animal Control Officer/Animal Cruelty
Investigator and his assistants or any officer of the City or other
duly authorized agent in the performance of any duty authorized or
empowered by this chapter.
The Chief of Police shall annually, after February
1, cause a canvass to be made of all dogs owned, kept or harbored
within the limits of the City, and shall report the result thereof,
including the names of all persons owning, keeping or harboring the
dogs, in the manner and in accordance with P.L. 1941, c. 151, Section
15 (N.J.S.A. 4:19-15.15).
[Amended 2-4-2003 by Ord. No. 6330-03]
A person found guilty of a disorderly persons
offense, and notwithstanding the provisions of N.J.S.A. 2C:43-3 to
the contrary, for every such offense shall be fined not less than
$250 nor more than $1,000, or be imprisoned for a term of not more
than six months, or both, in the discretion of the court. In addition,
the court shall impose a term of community service of up to 30 days,
and may direct that the term of community service be served in providing
assistance to the New Jersey Society for the Prevention of Cruelty
to Animals, a district (county) society for the prevention of cruelty
to animals, or any other recognized organization concerned with the
prevention of cruelty to animals or the humane treatment and care
of animals, or to a municipality's animal control or animal population
control program; may require the violator to pay restitution or otherwise
reimburse any costs for food, drink, shelter, or veterinary care or
treatment, or other costs, incurred by any agency, entity, or organization
investigating the violation, including but not limited to the New
Jersey Society for the Prevention of Cruelty to Animals, a district
(county) society for the prevention of cruelty to animals, any other
recognized organization concerned with the prevention of cruelty to
animals or the humane treatment and care of animals, or a local or
state governmental entity; and may impose any other appropriate penalties
established for a disorder persons offense pursuant to Title 2C of
the New Jersey Statutes.
