[Adopted 12-18-1979 by Ord. No. 79-111 as Ch. 5, Art. 1, of the 1979 Revised General Ordinances of Paterson]
As used in this article, the following terms
shall have the meanings indicated:
Refers to 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 male or female dog, bitch or spayed bitch.
Any dog which has attained the age of seven months which
possesses a set of permanent teeth.
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.
[Amended 12-19-1995 by Ord. No. 95-068]
Any person who shall own, keep or harbor a dog
of licensing age in the City shall, in each year, apply for and procure
from the Licensing Division in the Department of Finance 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.
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 who shall keep the same or permit the same to be kept within the City for a period of more than 90 days shall immediately thereafter apply for a license and registration tag for each such dog unless a license for such dog is not required under § 121-5.
B.
Any person who shall bring or cause to be brought
into the City any unlicensed dog and who shall keep the same or permit
the same to be kept within the City for a period of more than 10 days
shall immediately thereafter apply for a license and registration
tag for each such dog.
Only one license and registration tag shall
be required in any licensing year for any dog owned in New Jersey,
and such license and tag issued by any other municipality of this
state shall be accepted by the City as evidence of compliance.
[Amended 11-2-1981 by Ord. No. 81-075; 3-6-1984 by Ord. No. 84-023; 5-1-1984 by Ord. No. 84-048; 12-19-1995 by Ord. No. 95-068]
A.
The person applying for a license and registration
shall pay to the Director of Revenue Collection a fee of $12.80 for
the licensing of each dog, the additional sum of $1.20 for the registration
tag of each dog and a fee of $3 for any dog of reproductive age which
has not had its reproductive capacity permanently altered through
sterilization pursuant to P.L. 1983, c. 172.[1] Each license and tag shall be renewed annually, and for
each annual renewal the fee for the license and registration tag shall
be the same as for the original license and registration tag. Said
licenses and registration tags and renewals thereof shall expire on
January 31.
[Amended 1-27-2004 by Ord. No. 04-005; 11-9-2010 by Ord. No.
10-069; 10-9-2018 by Ord. No. 18-045]
[1]
Editor's Note: See N.J.S.A. 4:19-15.3b and
N.J.S.A. 4:19A-1 et seq.
B.
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
and registered as other dogs as hereinabove provided for in this article,
except that the owner or keeper of such dogs shall not be required
to pay any fee therefor.
D.
Notwithstanding Subsection A, any owner of a dog applying for license and registration tags who presents a certificate signed by a licensed veterinarian stating that the dog has been spayed or neutered shall pay to the Director of Revenue Collection a fee of $12.80 for the licensing of each dog and an additional sum of $1.20 for the registration of each dog.
[Amended 1-27-2004 by Ord. No. 04-005; 11-9-2010 by Ord. No.
10-069; 10-9-2018 by Ord. No. 18-045]
A.
The application for a dog license and registration
tag shall be made to the Licensing Division.
B.
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 of a long-haired or short-haired variety,
the name, street and post office address of the owner and the person
who shall keep or harbor such dog.
A.
After the filing of the application and payment of
the license fee and registration tag fee, the Licensing Division shall
issue the license and registration tag. Registration numbers shall
be issued in the order of the applications. The license forms and
uniform official metal registration tags designed by the State Department
of Health shall be furnished by the Licensing Division and shall be
numbered serially and shall bear the year of issuance and the name
of the City.
B.
The information of said application and the registration
number issued for the dog shall be preserved for a period of three
years by the Licensing Division.
C.
The Licensing Division shall forward to the State
Department of Health each month, on forms furnished by said Department,
an accurate account of registration numbers issued or otherwise disposed
of.
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.
A.
No person shall keep or harbor any dog which shall
disturb the neighborhood by excessive barking, whining or howling.
B.
No person owning, keeping or harboring any dog shall
suffer or permit it to run at large upon any public street or in any
of the public places of the City. There shall be a presumption that
any dog found running at large upon any public street or in any of
the public places of the City shall have been permitted or suffered
to run loose by the person owning, keeping or harboring said dog.
[Amended 5-1-1984 by Ord. No. 84-042]
C.
No person owning, keeping or harboring a dog shall
suffer or permit it to commit a nuisance by defecation, to do any
injury or to do any damage to any lawn, shrubbery, grounds or property.
D.
No person owning or accompanying any dog except Seeing
Eye dogs, service dogs and hearing ear dogs shall take, permit or
allow such dog in any retail food establishment where food is exposed
for sale or upon the private premises of any person other than the
owner or keeper of such dog and there to annoy or endanger any person.
[Amended 12-19-1995 by Ord. No. 95-068]
Any dog, licensed or unlicensed, when off the
premises of the owner or person keeping, harboring or in charge of
such dog shall be restricted by a leash, tether, chain, rope or the
like, the overall length of which, including the hand grip, shall
not exceed six feet and shall be held by a person able to control
such dog.
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:
[Amended 11-29-2005 by Ord. No. 05-083]
The restriction against defiling or defecating outlined in § 121-12 shall not apply to that portion of the street lying between curblines which shall be used to curb such dog under the following conditions:
A.
The person who so curbs such dog shall immediately
remove all feces deposited by such dog by any sanitary method approved
by the Health Division.
B.
The feces removed from the aforementioned designated
area shall be disposed of by the person owning, harboring, keeping
or in charge of such dog in accordance with the provisions of this
article.
A.
In the event of such violation occurring on either private property or public property, a summons may be issued by any authorized enforcement agent set forth in § 121-15.
B.
Where such violation occurs on private property, a
complaint may be filed in the Municipal Court by the owner of said
property or by his authorized agent.
[Amended 5-1-1984 by Ord. No. 84-042; 12-19-1995 by Ord. No. 95-068]
The Director of Public Safety may appoint suitable
and fit persons to be animal control officers, whose duty it shall
be to enforce the provisions of this article and any other ordinance
of the City or state statute concerning animals, including but not
limited to N.J.S.A. 4:22-1 et seq.
[Amended 12-19-1995 by Ord. No. 95-068]
An animal control officer shall take into custody
and impound or cause to be taken into custody and impounded the following:
A.
Any dog off the premises of the owner or of the person
keeping or harboring said dog which an animal control officer has
reason to believe is a stray dog.
B.
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.
C.
Any female dog in season off the premises of the owner
or of the person keeping or harboring said dog.
E.
Any dog which has bitten or injured a person and caused
an abrasion of the skin.
F.
Any vicious dog off the premises of the owner or of
the person keeping or harboring said dog.
G.
Any dog which so disturbs the quiet of any person or neighborhood as to constitute a nuisance and whose owner has been convicted of a violation of § 121-10A.
H.
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.
I.
Rabid dogs.
J.
Animals that are ill, injured or pose a threat to
the public.
A.
If any dog seized as provided in § 121-18A through F, inclusive, wears a collar or harness having inscribed thereon or attached thereto the name and address of any person or a registration tag or if the owner or the person keeping or harboring said dog is otherwise known, an animal control officer shall forthwith serve or cause to be served on the person whose address is given on the collar or 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 offered for adoption or destroyed if not claimed within seven days after the service of the notice.
[Amended 11-10-1987 by Ord. No. 87-042; 12-19-1995 by Ord. No. 95-068]
B.
The notice referred to in Subsection A of this section 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.
[Amended 11-10-1987 by Ord. No. 87-042]
C.
When any dog seized in accordance with § 121-18A through F, inclusive, has been detained for seven days after notice, when notice can 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 $4 per day, and if the dog is unlicensed at the time of the seizure and the person keeping or harboring said dog has not produced a license and registration tag for said dog, an animal control officer may cause the dog to be destroyed in a manner causing as little pain as possible. Any redemption of a dog pursuant to the provisions of this section shall not be deemed to discharge or release the owner thereof from the penalties prescribed for any violation of this article.
[Amended 11-10-1987 by Ord. No. 87-042; 12-19-1995 by Ord. No. 95-068]
D.
The preceding requirements of Subsections A, B and C of this section shall not be deemed applicable when any dog found running at large and seized and impounded pursuant to § 121-18E and F (whether licensed or unlicensed) is vicious or appears to be suffering from rabies. In such case, an animal control officer or any member of the Police Division may (with or without consultation with the Health Division) cause said dog to be destroyed if he deems it necessary.
[Amended 11-10-1987 by Ord. No. 87-042; 12-19-1995 by Ord. No. 95-068]
E.
The requirement that the maintenance charge of $4
per day be paid prior to redemption of a dog may be waived upon request
to the animal control officer under the following circumstances:
[Added 11-10-1987 by Ord. No. 87-042; amended 2-23-1988 by Ord. No. 88-007; 12-19-1995 by Ord. No. 95-068]
(1)
The request for waiver of said fees prior to redemption
or adoption of a dog shall be in writing and directed to the certified
animal control officer.
(2)
The applicant shall be a nonprofit corporation whose
stated corporate purposes include the care, treatment or sheltering
of animals.
(3)
Said nonprofit corporation shall have on file in the
office of the City Clerk of the City of Paterson a disclosure statement
indicating the proper name and state of corporation of the nonprofit
corporation, the officers and directors thereof, the registered agent
and primary place of business and a certificate of insurance establishing
that said corporation is insured in a minimum amount of general liability/personal
injury policy $100,000 per occurrence/$300,000 aggregate.
(4)
Said corporation shall have paid an annual fee to the City Clerk's office in the amount of $100 to qualify under this provision for a waiver of Subsection C above, said fee to be good for 12 months from the date on which it is to be paid.
(5)
Said applicant shall agree to hold harmless and indemnify
the City for any claims arising out of the actions of the animals
which shall be redeemed by the corporation.
(6)
The dog in question to be adopted shall have been
maintained by the City for a minimum of seven days.
F.
The owner of any dog voluntarily surrendered in accordance with § 121-18H or seized in accordance with § 121-18G which is subsequently destroyed shall be liable for the cost of destroying said dog. The cost for the destruction of a large dog, defined as a dog weighing more than 50 pounds, shall be $10. The cost for the destruction of a small dog, defined as a dog weighing 50 pounds or less, or any cat voluntarily surrendered, shall be $5. Any person may apply to the animal control officer for a waiver of said fees on the basis of financial or other hardship documented to the satisfaction of the animal control officer.
[Amended 5-1-1984 by Ord. No. 84-042; 12-19-1995 by Ord. No.
95-068]
G.
After holding any dog obtained pursuant to § 121-18A through F for seven days and giving the proper notice pursuant to Subsections A through D above or immediately upon taking possession of any dog pursuant to § 121-18H, the animal control officer may offer said dog for adoption. Any person adopting a dog pursuant to this section shall pay a fee of $28.
[Amended 5-1-1984 by Ord. No. 84-042; 12-19-1995 by Ord. No.
95-068]
[Added 5-1-1984 by Ord. No. 84-042;
amended 12-19-1995 by Ord. No. 95-068]
The owner of any dog or other animal which,
pursuant to N.J.S.A. 26:4-78, is confined to the pound by the animal
control officer for a quarantine period to determine if the animal
has rabies shall be liable for all expenses incurred by reason of
its detention, including maintenance, not exceeding $4 per day.[1]
[1]
Editor's Note: Original Sec. 5-13.1, regarding
vicious dogs, and Sec. 5-13.2, regarding dog fighting, both of which
were added 11-10-1987 by Ord. No. 87-042 and immediately followed
this section, were deleted 12-19-1995 by Ord. No. 95-068.
[Amended 12-19-1995 by Ord. No. 95-068]
The animal control officers or other persons
designated by the Council 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
accordance with N.J.S.A. 4:19-15.15.
[Amended 12-19-1995 by Ord. No. 95-068]
An animal control officer or any member of the
Police Division 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 12-19-1995 by Ord. No. 95-068]
No person shall hinder, molest or interfere
with any persons appointed as animal control officers or any officers
of the City or other duly authorized agent in the performance of any
duty authorized or empowered by this article.
[Amended 5-1-1984 by Ord. No. 84-042; 9-24-1987 by Ord. No.
87-031; 12-19-1995 by Ord. No. 95-068; 2-8-2005 by Ord. No. 05-014]
A.
Any person who violates or who fails or refuses to comply with §§ 121-2, 121-3, 121-9, and 121-23 of this article shall be liable to a penalty of not less than $5 nor more than $50 for each offense, to be recovered by and in the name of the City, except that for the first offense in case of violation of § 121-2, 121-3, or 121-4 of this article, the penalty shall be not less than $1 nor more than $50, to be recovered in a like manner.
B.
Any person who violates or fails or refuses to comply with §§ 121-10 through 121-16, except as provided below, shall, upon conviction thereof, be punished by a fine not exceeding $1,250, by imprisonment for a term not exceeding 90 days or by a period of community service for not more than 90 days, or any combination thereof, except that violations of §§ 121-11 and 121-12 are subject to punishment by payment of fines in the amount of $50. Fines for violations of §§ 121-11 and 121-12 are payable at the Violations Bureau without a court appearance. Costs of court of $30 will be imposed, consistent with New Jersey Court Rule 7:11-4, for all such payments.
C.
A separate offense shall be deemed committed on each
day during or on which a violation occurs
