[Adopted 6-19-1975 by Ord. No. 297-75 as
Chapter VI of the Revised General Ordinances of the City of Passaic,
1975]
The following words and terms shall have the
meanings herein indicated for the purposes of this article:
Any dog, bitch or spayed bitch.
Any dog which has attained the age of seven months or which
possesses a set of permanent teeth.
Impoundment of an animal due to an emergency, for example,
fire destroying an owner's home or displacement of owner, etc.
[Added 6-8-2006 by Ord. No. 1692-06]
Any person exercising control over a dog or permitting a
dog to remain on premises under his control.
Any establishment wherein or whereon the business of boarding
or selling dogs or breeding dogs for sale is carried on, except a
pet shop.
When applied to the proprietorship of a dog, includes every
person having right of property in such dog and every person who has
such dog in his keeping.
Any place of business which is not part of a kennel, wherein
animals, including, but not limited to, dogs, cats, birds, fish, reptiles,
rabbits, hamsters or gerbils, are kept or displayed chiefly for the
purpose of sale to individuals for personal appreciation and companionship
rather than for business or research purposes.
[Amended 8-9-2004 by Ord. No. 1634-04]
An establishment for the confinement of dogs seized either
under the provisions of this article or otherwise.
Any establishment where dogs are received, housed and distributed
without charge.
Any dog which has been declared by a Municipal Judge to be
a vicious dog which has attacked or bitten any human being or which
habitually attacks other dogs or domestic animals.
A.
License, when required. Licenses shall be required
for the following dogs of licensing age:
(1)
Any dog owned or kept within the City by a resident
of the City on the first day of January of any calendar year.
(2)
Any dog acquired by any person during the course of
any calendar year and kept within the City for more than 10 days after
acquisition.
(3)
Any dog attaining licensing age during the course
of the calendar year.
(4)
Any unlicensed dog brought into the City by any person
and kept within the City for more than 10 days.
(5)
Any dog licensed by another state, brought into the
City by any person and kept within the City for more than 90 days.
B.
Application for license.
(1)
Each application for a license under this article
shall give the following information:
(2)
Registration numbers shall be issued in the order
in which applications are received.
(3)
No license or registration tag shall be granted unless
the owner of the dog provides evidence that the dog to be licensed
and registered has been inoculated with a rabies vaccine of a type
approved by and administered in accordance with the recommendations
of the United States Department of Agriculture and the United States
Department of Health, Education and Welfare or has been certified
exempt as provided by regulations of the State Department of Health.
[Added 7-11-1995 by Ord. No. 865-85]
C.
Application for license, when made. Applications for licenses for dogs which are required to be licensed by the provisions of Subsection A(1) shall be made before the first day of February of each calendar year. In all other cases, the application for a license shall be made within 10 days of the day upon which the dog in question first becomes subject to the provisions of this article.
D.
License record. The information on all applications
under this article and the registration number issued to each licensed
dog shall be preserved for a period of three years by the City Clerk.
In addition, he shall forward similar information to the State Department
of Health each month on forms furnished by the Department.
E.
Fees.
[Amended 7-11-1995 by Ord. No. 865-85; 1-4-1996 by Ord. No. 1356-95; 9-25-2007 by Ord. No. 1740-07]
F.
Registration tag. Upon payment of the license and registration tag fees described in § 117-2E, the Clerk shall issue a registration tag which shall be serially numbered and shall bear the year of its issuance and the words "Passaic, New Jersey."
G.
Expiration date. Each dog license and registration
tag shall expire on June 30 of the calendar year following the calendar
year in which it was issued.
[Amended 7-11-1985 by Ord. No. 865-85]
H.
The provisions of this section shall not apply to any dog licensed under § 117-3 of this article. Dogs used as guides for blind persons and commonly known as "Seeing Eye" 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. Dogs used as guides for 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 7-11-1985 by Ord. No. 865-85]
I.
Late fee. For any application received by the City
Clerk more than 60 days after the date due, a late fee of $14 shall
be charged.
[Added 1-4-1996 by Ord. No. 1356-95;
amended 9-25-2007 by Ord. No. 1740-07]
A.
License required. Any person who keeps or operates
or proposes to establish a kennel, pet shop, shelter or pound shall
apply to the City Clerk for a license entitling him to keep or operate
such 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.
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 Health
Officer of the Health Department 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 June 30 of each
year.
[Amended 7-11-1985 by Ord. No. 865-85]
E.
License fees. The annual license fees for kennel and
pet shop licenses shall be as follows:
[Amended 10-20-1994 by Ord. No. 1308-94; 1-4-1996 by Ord. No. 1356-95]
F.
Compliance with state regulations.
(1)
All licenses issued for a kennel, pet shop, shelter
or pound shall be subject to revocation by the Council on recommendation
of the State Department of Health or the Health Department for failure
to comply with the rules and regulations of the State Department of
Health or the Health Department, after the owner has been afforded
a hearing by either the State Department of Health or the Health Department
of the City of Passaic.
(2)
Any person holding a license to establish, keep or
operate a kennel, pet shop, shelter or pound shall comply with all
City 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 Director of
Health and Welfare 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.
A.
License fees and other moneys collected or received
under the provisions of this article, except registration tag fees,
shall be forwarded to the City Treasurer within 30 days after collection
or receipt and shall be placed in a special account separate from
any of the other accounts of the City and shall be used for the following
purposes only: collecting, keeping and disposing of dogs liable to
seizure under this article; local prevention and control of rabies;
providing antirabies treatment under the direction of the Health Department
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 article.
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 City 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 of $1 for each dog shall
be forwarded within 30 days after collection by the Clerk to the State
Department of Health.
[Amended 7-11-1985 by Ord. No. 865-85]
[Amended 5-3-1984 by Ord. No. 784-84]
The Director of Human Resources shall annually
cause a canvass to be made of all dogs owned, kept or harbored within
the limit of the City and shall report to the Clerk, the Health Department
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 dogs, the number of licensed dogs owned, kept
or harbored by each person, together with the registration number
of each dog, the number of unlicensed dogs owned, kept or harbored
by each person, together with a complete description of each unlicensed
dog.
[Amended 10-5-2000 by Ord. No. 1497-00]
A.
ANIMAL CONTROL OFFICER
DEPARTMENT
DOG
DOMESTIC ANIMAL
FACILITIES
POTENTIALLY DANGEROUS DOG
VICIOUS DOG
Definitions. As used in this section, the following
terms shall have the meanings indicated:
A certified municipal animal control officer or, in the absence
of such officer, the chief law enforcement officer of Passaic or his
designee.
The Department of Health.
Any dog or dog hybrid.
Any cat, dog or livestock other than poultry.
Whenever animals are kept outdoors in animal shelters, pounds,
kennels and pet shops, they must be provided with shelter from the
elements at all times.
Any dog or dog hybrid declared intentionally dangerous by
the Municipal Court pursuant to N.J.S.A 4:19-23.
Any dog or dog hybrid declared vicious by the Municipal Court
pursuant to N.J.S.A. 4:19-22.
B.
Seizure and impoundment of dog by animal control officer;
grounds.
(1)
An animal control ofticer shall seize and impound
a dog when the officer has reasonable cause to believe that the dog:
(a)
Attacked a person and caused death or serious
bodily injury as defined in N.J.S.A. 2C:11-1b to that person;
(b)
Caused bodily injury as defined in N.J.S.A.
2C11-1a to a person during an unprovoked attack and poses a serious
threat of harm to persons or domestic animals;
(c)
Engaged in dog fighting activities as described
in N.J.S.A. 4:22-24 and N.J.S.A. 4:22-26; or
(d)
Has been trained, tormented, badgered, baited
or encouraged to engage in unprovoked attacks upon persons or domestic
animals.
(2)
The dog shall be impounded until the final disposition
as to whether the dog is vicious or potentially dangerous. Subject
to the approval of the Municipal Health Officer, the dog may be impounded
in a facility or other structure agreeable to the owner.
C.
Notice of seizure and impoundment; identity of owner;
notice of hearing.
(1)
The animal control officer shall notify the Municipal
Court and the Municipal Health Officer immediately that he has seized
and impounded a dog pursuant to Section 3 of P.L. 1989, c. 307 (N.J.S.A.
4:19-19), or that he has reasonable cause to believe that a dog has
killed another domestic animal and that a hearing is required. The
animal control officer shall, through a reasonable effort, attempt
to determine the identity of the owner of any dog seized and impounded
pursuant to Section 3 of P.L. 1989, c. 307. If its owner cannot be
identified within seven days, that dog may be humanely destroyed.
(2)
The animal control officer shall, within three working
days of the determination of the identity of the owner of a dog seized
and impounded pursuant to Section 3 of P.L. 1989, c. 307 (N.J.S.A.
4:19.19), notify, by certified mail, return receipt requested, the
owner concerning the seizure and impoundment, and that, if the owner
wishes, a hearing will be held to determine whether the impounded
dog is vicious or potentially dangerous. This notice shall also require
that the owner return within seven days, by certified mail or hand
delivery, a signed statement indicating whether he wishes the hearing
to be conducted or, if not, to relinquish ownership of the dog, in
which case the dog may humanely destroyed. If the owner cannot be
notified by certified mail, return receipt requested, or refuses to
sign for the certified letter, or does not reply to the certified
letter with a signed statement within seven days of receipt, the dog
may be humanely destroyed.
D.
Agreement between municipality and dog owner; settlement
and disposition; liability of City. Notwithstanding any provision
in P.L. 1989, c. 307 (N.J.S.A. 4:19-17 et seq.) to the contrary, the
municipality and the owner of the dog may settle and dispose of the
matter at any time in such manner and according to such terms and
conditions as may be mutually agreed upon. Notwithstanding any provision
of P.L. 1989, c. 307 to the contrary, no municipality or any of its
employees shall have any liability by virtue of having entered into
any settlement agreement pursuant to this subsection, or for any action
or inaction related to the entry into of such agreement for any injuries
or damages caused thereafter by the dog. The municipality may, as
a condition of the settlement agreement, also require that the owner
of the dog hold the municipality harmless for any legal expenses or
fees the municipality may incur in defending against any cause of
action brought against the municipality notwithstanding the prohibition
against such causes of action set forth in this subsection.
E.
Finding of vicious dog grounds.
(1)
The Municipal Court shall declare the dog vicious
if it finds by clear and convincing evidence that the dog:
(2)
A dog shall not be declared vicious for inflicting
death or serious bodily injury as defined in N.J.S.A. 2C:11-1b upon
a person if the dog was provoked. The municipality shall bear the
burden of proof to demonstrate that the dog was not provoked.
(3)
If the Municipal Court declares a dog to be vicious,
and no appeal is made of this ruling pursuant to Section 9 of P.L.
1989, c. 307 (N.J.S.A. 4:19-25), the dog shall be destroyed in a humane
and expeditious manner, except that no dog may be destroyed during
the pendency of an appeal.
F.
Finding and declaration of potentially dangerous dog.
(1)
The Municipal Court shall declare a dog to be potentially
dangerous if it finds, by clear and convincing evidence, that the
dog:
(a)
Caused bodily injury, as defined in N.J.S.A.
2C:11-1a, to a person during an unprovoked attack and poses a serious
threat of bodily injury or death to a person; or
(c)
Has been trained, tormented, badgered, baited
or encouraged to engage in unprovoked attacks upon persons or domestic
animals.
G.
Order and schedule for compliance for potentially
dangerous dog. If the Municipal Court declares the dog to be potentially
dangerous, it shall issue an order and a schedule for compliance which,
in part:
(1)
Shall require the owner to comply with the following
conditions:
(a)
To apply, at his own expense, to the Municipal
Clerk or other official designated to license dogs pursuant to Section
2 of P.L. 1941 c.151 (N.J.S.A. 4:19-15.2) for a special municipal
potentially dangerous dog license, municipal registration number and
red identification tag issued pursuant to this act. The owner shall,
at his own expense, have a microchip implanted in the dog which will
serve as identification and to register the dog. A potentially dangerous
dog shall be impounded until the owner obtains a municipal potentially
dangerous dog license, municipal registration number and red identification
tag.
[Amended 8-11-2003 by Ord. No. 1584-03]
(b)
To display, in a conspicuous manner, a sign on his premises warning that a potentially dangerous dog is on the premises. The sign shall be visible and legible from 50 feet of the enclosure required pursuant to Subsection G(1)(c) of this subsection.
(c)
To immediately erect and maintain an enclosure
for the potentially dangerous dog on the property where the potentially
dangerous dog will be kept and maintained, which has sound sides,
top and bottom to prevent the potentially dangerous dog from escaping
by climbing, jumping or digging and within a fence of at least six
feet in height separated by at least three feet from the confined
area. The owner of a potentially dangerous dog shall securely lock
the enclosure to prevent the entry of the general public and to preclude
any release or escape of a potentially dangerous dog by an unknowing
child or other person. All potentially dangerous dogs shall be confined
in the enclosure or, if taken out of the enclosure, securely muzzled
and restrained with a tether approved by the animal control office
and having a minimum tensile strength sufficiently in excess of that
required to restrict the potentially dangerous dog's movements to
a radius of no more than three feet from the owner and under the direct
supervision of the owner.
(d)
May require the owner to maintain liability
insurance in an amount determined by the Municipal Court to cover
any damage or injury caused by the potentially dangerous dog. The
liability insurance, which may be separate from any other homeowner
policy, shall contain a provision requiring the municipality in which
the owner resides to be named as an additional insured for the sole
purpose of being notified by the insurance company of any cancellation,
termination or expiration of the liability insurance policy.
H.
Procedures for appeal. The owner of the dog, or the
animal control officer in the municipality in which the dog was impounded,
may appeal any final decision, order or judgment, including any conditions
attached thereto, of a Municipal Court pursuant to P.L. 1989, c. 307
(N.J.S.A. 4:19-17 et seq.), by filing an appeal with the Superior
Court, Law Division, in accordance with the Rules Governing the Courts
of the State of New Jersey pertaining to appeals from courts of limited
jurisdiction. The Superior Court shall hear the appeal by conducting
a hearing de novo in the manner established by those rules for appeals
from courts of limited jurisdiction.
I.
Liability of owner for cost of impoundment and destruction.
(1)
If a dog is declared vicious or potentially dangerous,
and all appeals pertaining thereto have been exhausted, the owner
of the dog shall be liable to the municipality in which the dog is
impounded for the costs and expenses of impounding and destroying
the dog. The municipality may establish, by ordinance, a schedule
of these costs and expenses. The owner shall incur the expense of
impounding the dog in a facility other than the municipal pound, regardless
of whether the dog is ultimately found to be vicious or potentially
dangerous.
(2)
If the dog has bitten or exposed a person within 10
days previous to the time of euthanasia, its head shall be transported
to the New Jersey State Department of Health laboratory for rabies
testing.
J.
Right to convene hearing for subsequent action of
dog. If the Municipal Court finds that the dog is not vicious or potentially
dangerous, the Municipal Court shall retain the right to convene a
hearing to determine whether the dog is vicious or potentially dangerous
for any subsequent actions of the dog.
K.
Duties of owner of potentially dangerous dogs. The
owner of a potentially dangerous dog shall:
(1)
Comply with the provisions of P.L. 1989, c. 307 (N.J.S.A.
4:19-17 et seq.), in accordance with a schedule established by the
Municipal Court, but in no case more than 60 days subsequent to the
date of determination.
(2)
Notify the licensing authority, local Police Department
and the animal control officer if a potentially dangerous dog is at
large or has attacked a human being or killed a domestic animal.
(3)
Notify the licensing authority, local Police Department
and the animal control officer within 24 hours of the death, sale
or donation of a potentially dangerous dog.
(4)
Prior to selling or donating the dog, inform the prospective
owner that the dog has been declared potentially dangerous.
(5)
Upon the sale or donating of the dog to a person residing
in a different municipality, notify the department and the licensing
authority, Police Department and animal control officer of that municipality
of the transfer of ownership and the name, address and telephone of
the new owner.
(6)
In addition to any license fee required pursuant to
Section 3 of P.L. 1941, c. 151 (N.J.S.A. 4:19-15.3), pay a potentially
dangerous dog license fee to the municipality as provided by Section
15 of P.L. 1989, c. 307 (N.J.S.A. 4:19-31).
L.
The owner of a potentially dangerous dog who is found
by clear and convincing evidence to have violated this act, or any
rule or regulation adopted pursuant thereto, or to have failed to
comply with a court's order shall be subject to a fine of not more
than $1,000 per day of the violation, and each day's continuance of
the violation shall constitute a separate and distinct violation.
The Municipal Court shall have jurisdiction to enforce this section.
An animal control officer is authorized to seize and impound any potentially
dangerous dog whose owner fails to comply with the provisions of P.L.
1989, c. 307 (N.J.S.A. 4:19-17 et seq.), or any rule or regulation
adopted pursuant thereto or a court's order. The Municipal Court may
order that the dog so seized and impounded be destroyed in an expeditious
and humane manner.
[1]
Editor's Note: Former § 117-7, Permitting
dogs to commit nuisances; responsibility of owner, was superseded
2-12-2008 by Ord. No. 1751-08.
It shall be unlawful for any dog, whether licensed
or not, to run at large within the City. A dog shall be deemed to
be "running at large" when off the premises of its owner or of the
person keeping or harboring such dog, which is not on a leash, tether,
chain, rope or the like, the overall length of which, including the
hand grip, shall not exceed six feet, held by its owner or other person
able to control such dog.
A.
Municipal Pound. The Director of the Department of
Human Resources shall be in charge of the Municipal Dog Pound, and
the animal control officer shall be the poundkeeper.
[Amended 10-20-1994 by Ord. No. 1308-94]
B.
Causes for impounding. The animal control officer
shall take into custody and impound or cause to be taken into custody
and impounded any of the following dogs:
[Amended 10-20-1994 by Ord. No. 1308-94]
(1)
Any unlicensed dog running at large in violation of
the provisions of this article.
(2)
Any dog off the premises of the owner of or the person
keeping or harboring such dog which the animal control officer or
his agent has reason to believe is a stray dog.
(3)
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.
(4)
Any female dog in season off the premises of the owner
of or the person keeping or harboring such dog.
C.
Access to premises. 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 which he may
lawfully seize and impound when such officer is in immediate pursuit
to such dog, except upon the premises of the owner of the dog if the
owner is present and forbids same.
D.
Notice of seizure. 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 the person keeping or harboring the dog is known, the animal
control officer 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, stating that the dog has been seized
and will be liable to be disposed of or destroyed if not claimed within
seven days after service of the notice. 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.
[Amended 10-20-1994 by Ord. No. 1308-94]
E.
Disposition of unclaimed dogs. The animal control
officer is authorized and empowered to cause the destruction of any
unclaimed dog, in as humane a manner as possible, under any of the
following contingencies:
[Amended 9-13-1984 by Ord. No. 800-84; 10-20-1994 by Ord. No.
1308-94]
(1)
When any dog so seized has not been claimed by the person owning, keeping or harboring such dog within seven days after notice or within seven days of the dog's detention, when notice has not been or cannot be given, as set forth in Subsection D.
(2)
If the person owning, keeping or harboring any dog
so seized has not claimed the dog and has not paid all expenses incurred
by reasons of its detention.
(3)
If the seized dog is unlicensed at the time of its
seizure and the person owning, keeping or harboring such dog has not
produced a license and registration tag as provided in this article.
F.
Fees for services. The following shall be the schedule
of fees for services performed by and at the municipal pound:
[Added 10-20-1994 by Ord. No. 1308-94; amended 6-8-2006 by Ord. No. 1692-06]
(1)
Release of dog impounded or seized under the provisions
of § 117-9(1) through (4), inclusive: $50.
(2)
Quarantine: $20 per day.
(3)
Adoption fee: $50 for dogs and puppies; $30 for cats
and kittens.
[Amended 9-25-2007 by Ord. No. 1740-07]
(4)
Release of a cat or other animal except for release
of those receiving emergency boarding: $25.
(5)
Adoption fee for animals other than dogs, puppies,
cats and kittens: $10.
(6)
Boarding fee at the Municipal Pound for dogs that
are receiving emergency boarding or are potentially dangerous or vicious
dogs: $10 per day, not to exceed a total of $600. This fee is to be
charged without regard to a court decision concerning a determination
of potentially dangerous or vicious dog.
(7)
The fee for spaying and neutering of dogs and cats
to be adopted from the Passaic Animal Shelter shall be as set forth
in the contract between the City of Passaic and the veterinarian as
the cost of these services. These costs shall be revised by a resolution
adopted by the City Council as needed to reflect the cost to the City
to neuter/spay the dogs and cats. The fees for neutering and spaying
cats and dogs are currently as follows:
No person shall own, keep or harbor a dog in
the City, except in compliance with the provisions of this article
and the following regulations:
A.
Wearing of registration. All dogs which are required
by the provisions of this article 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 article.
[Amended 7-11-1985 by Ord. No. 865-85]
[Added 6-8-2006 by Ord. No. 1692-06]
A.
A fee for boarding of a dog, cat or other animal which
is impounded at the Municipal Pound by virtue of an emergency impoundment
shall be $10 per animal per day for boarding fee.
B.
At no time shall an emergency impoundment provided
by the Municipal Pound exceed 30 days.
C.
An animal's owner shall relinquish full ownership
of the animal(s) receiving emergency impoundment at the Municipal
Pound if he/she fails to reclaim the animal after the thirty-day period
of if he/she fails to pay the required impoundment cost.
D.
The Municipal Pound is authorized to decide the final
disposition of animals not reclaimed after the thirty-day period,
including destruction or adoption placement.
