Exciting enhancements are coming soon to eCode360! Learn more 🡪
Borough of Upper Saddle River, NJ
Bergen County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[Adopted as Ch. VII of the Revised General Ordinances, 1971]
The following words and terms shall have the meanings herein indicated for the purposes of this article:
DOG
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.
KEEPER
Any person exercising control over a dog or permitting a dog to remain on premises under his control.[1]
OWNER
When applied to the proprietorship of a dog, every person having a right of property in such dog and every person who has such dog in his keeping provided, however, that no household shall have more than four dogs.
[Amended 9-5-2002 by Ord. No. 15-20]
PET SHOP
Any room or group of rooms, cage or exhibition pen, not part of a kennel, wherein dogs for sale are kept or displayed.
POUND
An establishment for the confinement of dogs seized either under the provisions of this article or otherwise.
[1]
Editor's Note: The former definition of kennel, which immediately followed this definition, was repealed 9-5-2002 by Ord. No. 15-02.
Licenses shall be required for the following dogs of licensing age:
A. 
A dog owned or kept within the Borough by a Borough resident as of January 1 of a calendar year.
B. 
A dog acquired during the course of a calendar year and kept within the Borough for more than 10 days after acquisition.
C. 
A dog attaining licensing age during the course of the calendar year.
D. 
An unlicensed dog brought into and kept within the Borough for more than 10 days.
E. 
A dog licensed by another state brought into and kept within the Borough for more than 90 days.
A. 
Application information.
(1) 
Each application for a license under this article shall give the following information:
(a) 
A general description of the dog sought to be licensed, including breed, sex, age, color and markings and whether the dog is of a long- or short-haired variety.
(b) 
Name, street and post office address of the owner and of the person who shall keep or harbor the dog.
(2) 
Registration numbers shall be issued in the order in which applications are received.
B. 
Application for license: when made. Applications for licenses for dogs which are required to be licensed by the provisions of § 46-2A shall be made before February 1 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 §§ 46-2 through 46-5.
C. 
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 Clerk. In addition, he shall forward similar information to the State Department of Health each month on forms furnished by the Department.
[Amended 7-9-1981; 9-12-1985; 8-11-1988 by Ord. No. 13-88]
A. 
A person applying for a license shall pay a fee of $15, which fee shall include the following:
[Added 9-5-1991 by Ord. No. 8-91; 6-13-2007 by Ord. No. 6-07]
(1) 
A fee of $13.80 for the cost of the license and registration tag;
(2) 
A fee of $1 for the Rabies Control Program, as required by and to be remitted to the State of New Jersey, Department of Health; and
(3) 
A fee of $0.20 for the Pilot Clinic Fund as required by and to be remitted to the State of New Jersey, Department of Health.
(4) 
Delinquent fee. Anyone failing to obtain a dog license by February 15 of each calendar year shall be subject to a delinquent fee of $5.
B. 
In addition, all dogs of reproductive age that have not had their reproductive capacity permanently altered through sterilization shall be subject to a three-dollar fee for the Animal Population Control Program as required by and to be remitted to the State of New Jersey, Department of Health.
C. 
Anyone failing to obtain a dog license in accordance with this article shall be subject to a fine of $100.
[Added 12-27-1989 by Ord. No. 21-89[1]]
[1]
Editor's Note: This ordinance also provided that it shall not apply to licenses issued for any year prior to 1990.
A. 
Expiration date. Each dog license and registration tag shall expire on January 31 of the calendar year following the calendar year in which it was issued.
B. 
Exceptions. The provisions of §§ 46-2 through 46-5 shall not apply to any dog licensed under § 46-6 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.
[1]
Editor's Note: Former § 46-6, Kennels, as amended, was repealed 9-5-2002 by Ord. No. 15-02.
A. 
Causes for impounding. The Dog Warden shall take into custody and impound or cause to be taken into custody and impounded any of the following dogs:
(1) 
An unlicensed dog running at large in violation of the provisions of this chapter.
(2) 
A dog off the premises of the owner or of the person keeping or harboring the dog which the Dog Warden or his agent has reason to believe is a stray dog.
(3) 
A dog off the premises of the owner or of the person keeping or harboring the dog without a current registration tag on its collar.
(4) 
A female dog in season off the premises of the owner or of the person keeping or harboring the dog.
B. 
Access to premises. An officer or agent authorized or empowered to perform any duty under this chapter is hereby authorized to go upon any premises to seize for impounding a dog which he may lawfully seize and impound when he is in immediate pursuit of the dog, except upon the premises of the owner of the dog if the owner is present and forbids it.
C. 
Notice of seizure.
(1) 
If a dog so impounded or seized wears a registration tag, collar or harness inscribed with the name and address of any person or if the owner or the person keeping or harboring the dog is known, the Dog Warden 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.
(2) 
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.
D. 
Disposition of unclaimed dogs. The Dog Warden 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:
(1) 
When any dog so seized has not been claimed by the person owning, keeping or harboring it 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 the previous subsection.
(2) 
If the person owning, keeping or harboring a dog so seized has not claimed the dog and has not paid all expenses incurred by reason of its detention, including maintenance, the following fees, per day, not to exceed, shall apply:
[Amended 11-8-1995 by Ord. No. 18-95]
(a) 
Ten dollars for small dogs under 25 pounds.
(b) 
Fifteen dollars for dogs 25 to 50 pounds.
(c) 
Twenty dollars for dogs over 50 pounds or for vicious or dangerous dogs.
(3) 
If the seized dog is unlicensed at the time of its seizure and the person owning, keeping or harboring it has not produced a license and registration tag as provided in this chapter.
No person shall own, keep or harbor a dog in the Borough except in compliance with the provisions of this chapter and the following regulations:
A. 
Wearing of registration. Dogs for which licenses are required by the provisions of this chapter shall wear collars or harnesses with the registration tags 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 a dog without the consent of the owner, nor shall any person attach a registration tag to a dog for which the tag 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 chapter.
D. 
Any person owning or having in his or her custody a dog which shall run at large beyond the property of such person shall be guilty of a violation and subject to a penalty. Such action is declared to be a nuisance and dangerous to public health and safety.
[Amended 11-8-1995 by Ord. No. 18-95; 6-12-1996 by Ord. No. 7-96]
E. 
Leashing of dogs. Any dog not secured by a leash or not confined to its own property shall be considered running at large. No person owning or having the control, custody or possession of a dog shall permit such dog to run at large or to go or be upon the public streets, sidewalks or other public places within the Borough, unless the dog is on a leash with an overall length, including a handgrip, not exceeding six feet and is in the custody of some person or persons capable of controlling such dog.
[Added 11-8-1995 by Ord. No. 18-95]
F. 
Disturbing the peace. No person shall own, keep, harbor or maintain any dog which shall disturb the neighborhood by excessive barking, howling or whining.
[Added 11-8-1995 by Ord. No. 18-95]
G. 
In the event that any dog shall defecate or otherwise damage any public or private property other than property owned by the person harboring such dog, including the public street, the person owning, harboring, keeping or in charge or in custody of such dog shall immediately remove all feces and/or dog soil deposited by such dog by any sanitary method, thereafter disposing of same in said person's garbage or waste removal container.
[Added 11-8-1995 by Ord. No. 18-95]
H. 
A Seeing Eye dog in custody of a person who has been declared to be legally blind shall be exempt from the provisions of this section.
[Added 11-8-1995 by Ord. No. 18-95]
I. 
There shall be no commercial breeding of dogs anywhere in the Borough. Notwithstanding the foregoing, any household shall be permitted to have two litters per year. This limitation as to the number of litters shall be applicable to the household, regardless of the number of dogs maintained therein.
[Added 9-5-2002 by Ord. No. 15-02]
Where it has been determined by a physician that a person has been bitten by a dog, that person or his parent or guardian if he is a minor shall immediately notify the police. When the owner or keeper of a dog is notified by the police that the dog has bitten an individual, the owner or keeper of the dog shall comply with the following procedures:
A. 
Have the dog examined by a licensed veterinarian within 12 hours.
B. 
Have the dog kept in quarantine in the owner's home or at a kennel for a period of 10 days.
C. 
At the end of 10 days, have the dog reexamined by a veterinarian and a written report of the dog's state of health sent to the Board of Health.
The Council may by proclamation require all dogs and cats to be quarantined during any period in each year that may seem advisable to the Council.
The Council shall have the power to appoint a Dog Warden, who shall be in charge of the pound and whose duty it shall be to enforce the provisions of this article. The Council shall have the power to appoint one or more dogcatchers, who may impound unlicensed dogs running at large in violation of the provisions of this article and who shall make a monthly and annual report to the Council.