[Amended 8-21-1979 by Ord. No. 4518-79]
As used in this article, the following terms shall have the meanings indicated:
ANIMAL CONTROL OFFICER
A certified municipal animal control officer or, in the absence of such an officer, the chief law enforcement officer of the City of Clifton or his/her designee.
[Added 12-17-2024 by Ord. No. 7961-24]
AT LARGE
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.
CRUELTY
Any act as set forth in N.J.S.A. 4:22-26.
[Added 2-4-2003 by Ord. No. 6330-03]
CURBING
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.
DOG
Any dog or dog hybrid.
[Amended 12-17-2024 by Ord. No. 7961-24]
DOG OF LICENSING AGE
Any dog which has attained the age of seven months or which possesses a set of permanent teeth.
LEASH
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.
OWNER
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.
POTENTIALLY DANGEROUS DOG
Any dog or dog hybrid declared potentially dangerous by the Municipal Court pursuant to N.J.S.A. 4:19-23.
[Added 12-17-2024 by Ord. No. 7961-24]
VICIOUS DOG
Any dog or dog hybrid declared vicious by the Municipal Court pursuant to Section 6 of P.L. 1989, c. 307 (N.J.S.A. 4:19-22).
[Amended 8-18-1987 by Ord. No. 5193-87; 12-17-2024 by Ord. No. 7961-24]
[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.
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; 12-17-2024 by Ord. No. 7961-24]
(a) 
Seventeen dollars per year for any sterilized dog of licensing age, which proof of sterilization must be presented at the time of application;
(b) 
Twenty-one dollars per year for any nonsterilized dog of licensing age;
(c) 
In addition, three-year licenses shall be available at a cost of $48 covering a three-year period for any sterilized dog of licensing age, 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 of licensing age;
(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; 12-17-2024 by Ord. No. 7961-24]
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, telephone number and email address 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 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; 12-17-2024 by Ord. No. 7961-24]
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 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 laws of the state and local ordinances.
B. 
Conduct investigations and initiate and prosecute complaints and/or violations of animal control laws of the State of New Jersey, as well as local ordinances.
C. 
Engage in the detection of offenders who have violated animal control laws of the state as well as local ordinances.
D. 
Assist police with animal cruelty investigations when requested to do so.
[Amended 2-4-2003 by Ord. No. 6330-03; 1-2-2008 by Ord. No. 6711-08; 12-17-2024 by Ord. No. 7961-24]
A. 
The certified Animal Control Officer appointed by the governing body of the municipality shall take into custody and impound any animal, to thereafter be euthanized or offered for adoption, as provided in this section:
(1) 
Any dog off the premises of the owner or of the person keeping or harboring said dog which said Animal Control Officer 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 or elsewhere
(3) 
Any dog running at large in violation of § 203-10.
(4) 
Any dog or other animal which is suspected to be rabid.
(5) 
Any dog or other animal off the premises of the owner or the person charged with care that is 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 an animal taken into custody and impounded pursuant to Subsection A(1) through (5), both inclusive, of this section has a collar or harness with identification of the name and address of any person, or has a registration tag, or has a microchip with an identification number that can be traced to the owner or person charged with the care of the animal, or the owner or the person charged with the care of the animal is otherwise known, the certified Animal Control Officer shall ascertain the name and address of the owner or the person charged with the care of the animal, and serve to the identified person as soon as practicable, a notice in writing that the animal has been seized and will be liable to be offered for adoption or euthanized if not claimed within seven days after the service of the notice.
C. 
A notice required pursuant to this section may be served:
(1) 
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 residence or the address given on the collar, harness, or microchip identification; or
(2) 
By mailing the notice to that person at the person's usual or last known place of residence, or to the address given on the collar, harness or microchip identification.
D. 
A shelter, pound, or kennel operating as a shelter or pound receiving an animal from a certified Animal Control Officer pursuant to Subsection A of this section, or from any other individual, group, or organization, shall hold the animal for at least seven days before offering it for adoption, or euthanizing, relocating, or sterilizing the animal, except if:
(1) 
The animal is surrendered voluntarily by its owner to the shelter, pound, or kennel operating as a shelter or pound, in which case the provisions of Subsection E of this section shall apply; or
(2) 
The animal is suspected of being rabid.
E. 
If a shelter, pound or kennel operating as a shelter or pound is not required to hold an animal for at least seven days pursuant to Subsection D(1) of this section, the shelter, pound, or kennel operating as a shelter or pound:
(1) 
Shall offer the animal for adoption for at least seven days before euthanizing it; or
(2) 
May transfer the animal to an animal rescue organization facility or a foster home prior to offering it for adoption if such a transfer is determined to be in the best interest of the animal by the shelter, pound, or kennel operating as a shelter or pound.
F. 
If the owner or the person charged with the care of the animal seeks to claim it within seven days, or after the seven days have elapsed but before the animal has been adopted or euthanized, the shelter, pound, or kennel operating as a shelter or pound:
(1) 
Shall, in the case of a cat or dog, release it to the owner or person charged with its care, provided the owner or person charged with the care of the animal provides proof of ownership, which may include a valid dog license, registration, rabies inoculation certificate, or documentation from the owner's veterinarian that the cat or dog has received regular care from that veterinarian;
(2) 
May, in the case of a cat or dog, charge the cost of sterilizing the cat or dog, if the owner requests such sterilizing when claiming it;
(3) 
May require the owner or person charged with the care of the animal to pay all the animal's expenses while in the care of the shelter, pound, or kennel operating as a shelter or pound, not to exceed $4 per day; and
(4) 
A reclamation fee of $40 shall be paid by the owner, keeper, harborer prior to the dog being released from the shelter.
[Amended 2-4-2003 by Ord. No. 6330-03; 12-17-2024 by Ord. No. 7961-24]
The Animal Control Officer 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; 12-17-2024 by Ord. No. 7961-24]
No person shall hinder, molest or interfere with any persons appointed as Animal Control Officer 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.
[Amended 12-17-2024 by Ord. No. 7961-24]
The Health Officer or designee may 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.