[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:
Any dog, bitch or spayed bitch.
Any dog which has attained the age of seven months or which
possesses a set of permanent teeth.
Any person exercising control over a dog or permitting a
dog to remain on premises under his control.[1]
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]
Any room or group of rooms, cage or exhibition pen, not part
of a kennel, wherein dogs for sale are kept or displayed.
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which immediately followed this definition, was repealed 9-5-2002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.
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.
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]
(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.