[Adopted 3-1-1971; amended in its entirety 10-5-2009 by Ord. No. 11-2009]
As used in this article, unless the context otherwise indicates,
the following terms shall have the meanings indicted:
Intended to mean off the premises of the owner, and not under
the control of the owner or a member of his immediate family either
by leash, cord, chain or otherwise.
Intended to mean both male and female.
Any dog which has attained the age of seven months or which
possesses a set of permanent teeth.
Any dog which has had its reproductive capacity permanently
altered through sterilization.
Any person or persons, firm, association or corporation owning,
keeping or harboring a dog.
Any dog declared potentially dangerous by a municipal court
pursuant to Section 7 of P.L. 1989, c. 307 (N.J.S.A. 4:19-23).
Any dog which has not had its reproductive capacity permanently
altered through sterilization.
Any dog declared vicious by a Municipal Court pursuant to
Section 6 of P.L. 1989, c. 307 (N.J.S.A. 4:19-22).
A.
Every
person owning or harboring a dog of licensing age within the Borough
shall, before May 1 of each year, apply to the Borough Clerk for a
license and official metal registration tag for each dog so owned
or harbored, whereupon, after payment of the fee hereinafter set forth,
the Borough Clerk shall issue to such person a license together with
an official tag which shall be fastened to the collar of such animal.
In the event of a dog being acquired after April of each year, a license
and tag shall be obtained as prescribed within 10 days from either
the date of acquiring the dog or the date on which the dog reaches
licensing age, if younger when first obtained. Effective as of the
date of the adoption of this article, the fee for each license and
registration tag shall be $12. Licenses and registration tags shall
expire on April 30 of the succeeding year.
(1)
On or after April 1, 2009, if application shall not be made within
the time limit set forth hereinabove, there shall also be assessed
a late charge in accordance with the schedule below:
|
Months
|
License Fee Neutered
|
License Fee Unneutered
|
Late Fee
|
Total Neutered
|
Total Unneutered
| |
|---|---|---|---|---|---|---|
|
Jan.-April
|
$12
|
$15
|
$0
|
$12
|
$15
| |
|
May-June
|
$12
|
$15
|
$20
|
$32
|
$35
| |
|
July-Sep.
|
$12
|
$15
|
$25
|
$37
|
$40
| |
|
Oct.-Dec.
|
$12
|
$15
|
$30
|
$42
|
$45
|
(2)
For dogs acquired after April in any year, if the application is
not made within the appropriate time frame prescribed above, then
a late fee shall be imposed as follows:
|
From Time of Acquisition
|
Late Fee
| |
|---|---|---|
|
Within 10 days
|
$0
| |
|
Between 11 days and 2 months
|
$20
| |
|
Between 3 months and 5 months
|
$25
| |
|
Between 6 months and 8 months
|
$30
|
(3)
The term of any license lawfully obtained during the year this article
is enacted shall expire April 30 of the succeeding year.
B.
In addition to the $12 license fee referred to in Subsection A above, an additional fee of $3 shall be paid for any dog which has not had its reproductive capacity permanently altered through sterilization. Any person claiming that a dog is exempt from such fee shall provide a copy of a veterinarian's certification of neutering.
C.
A portion of the fees collected pursuant to Subsection B above shall be forwarded to the State Treasurer in accordance with law.
D.
The
license and surcharge fees mentioned in this section shall not apply
to dogs kept within a duly licensed kennel.
A.
The Borough Clerk or other official designated by the Borough Council
to license dogs shall not grant any such license and official registration
tag for any dog unless the owner thereof 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,
or has been certified as exempt by a duly licensed veterinarian who
certifies in writing that such dog is at significant risk of adverse
affects from the proposed inoculation because of an infirmity, other
physical condition, or regimen of therapy pursuant to N.J.A.C. 8:23A-4.3.
The rabies inoculation shall be administered by a duly licensed veterinarian
or by such other veterinarian permitted by law to do the same.
B.
Pursuant N.J.A.C. 8:23A-4.1, except as otherwise exempted above,
the Borough Clerk or other official designated by the Borough Council
to license dogs shall not grant any such license and official metal
registration tag for any dog unless the dog owner provides evidence
that the dog to be licensed and registered has been inoculated against
rabies with a vaccine having a duration of immunity which extends
through November 1 of the licensing period. Dogs with a duration of
immunity against rabies that expires prior to November 1 of the licensing
period shall be revaccinated prior to issuance of a license.
A.
Any person who shall bring or cause to be brought into this Borough
any dog licensed in another state for the current year and bearing
registration tag, and who shall keep the same or permit the same to
be kept within the Borough for a period of more than 90 days, shall
immediately thereafter apply for a license and registration tag for
each such dog.
B.
Any person who shall bring or cause to be brought into this Borough
any unlicensed dog, and who shall keep same or permit same to be kept
within the Borough for a period of more than 10 days, shall immediately
thereafter apply for a license and registration tag for each such
dog.
A.
Where a dog has been declared potentially dangerous by the Municipal Court in accordance with § 56-9 herein, the owner shall, within the time provided in the Court's order, or, in any event, not less than 60 days from the date of the Court's decision, obtain a special potentially dangerous dog license, registration number and red identification tag. The fee for such license, and renewals thereof, shall be $700. Renewals shall be made at the same time and manner as ordinary dog licenses, except that the same registration number shall be reissued for the life of the dog. In addition, the owner shall, at his own expense, have the registration number tattooed upon the dog in a prominent location. The time for compliance shall be tolled by the filing of an appeal.
B.
In order to receive a license, the owner must comply with the following
conditions:
(1)
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.
(2)
Immediately erect and maintain an enclosure for the potentially dangerous
dog on the property where the dog will be kept and maintained, which
has sound sides, top and bottom to prevent the 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 shall securely lock the enclosure to prevent the entry of
the general public and to preclude any release or escape of the 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 officer and having a 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.
(3)
If required by the Municipal Court, provide proof of liability insurance
in an amount specified by the Court to cover any damage or injury
caused by the dog. The liability insurance, which may be separate
from any other homeowner policy, shall contain a provision naming
the Borough Clerk as a party to be notified by the insurance company
in the event that the policy is canceled or terminated or expires.
Upon payment of the license fee, the Clerk shall issue to the
owner a license certificate and a metallic tag for each dog so licensed.
The tag shall have stamped thereon the year for which it was issued
and the number corresponding with the number on the certificate. Every
owner shall be required to provide each dog with a collar to which
the license tag must be affixed, and shall see that the collar and
tag are constantly worn. In case a dog tag is lost or destroyed, a
duplicate will be issued by the Clerk upon presentation of a receipt
showing the payment of the license fee for the current year, and the
payment of a fee of $0.50 for such duplicate. Dog tags shall not be
transferable from one dog to another, and no refunds shall be made
on any dog license fee because of death of the dog or the owner's
leaving the Borough before expiration of the license period.
No dog shall be permitted to run at large at any time within
the municipality unless on the premises of the owner or of the person
keeping or harboring said dog.
It shall be the duty of the Animal Control Officer to apprehend any dog found running at large contrary to the provisions of § 56-5 and to impound such dog in the Borough pound or other suitable place. The Animal Control Officer, upon receiving any dog, shall make a complete registry, entering the breed, color and sex of such dog and whether licensed. If licensed he shall enter the name and address of the owner and the number of the license tag. Licensed dogs shall be separated from unlicensed dogs.
Not later than three days after the impounding of any dog, the
owner shall be notified, or if the owner of the dog is unknown written
notice shall be posted for five days at three or more conspicuous
places in the Borough of Rocky Hill, describing the dog and the place
and time of taking. The owner of any dog so impounded may reclaim
such dog upon payment of the license fee, if unpaid, and of all costs
and charges incurred by the Borough of Rocky Hill for impounding and
maintenance of said dog.
It shall be the duty of the Animal Control Officer to keep all
dogs so impounded for a period of seven days. If at the expiration
of seven days from the date of the notice to the owner or the posting
of notice, such dog shall not have been redeemed, it may be destroyed.
Any unlicensed dog required by law to be licensed, or any dog determined
by a licensed veterinarian to be suffering from rabies or affected
with, mange or other infectious or dangerous disease, shall not be
released but may be forthwith destroyed.
A.
Seizure and impoundment:
(1)
The Animal Control Officer 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. 2C:11-1a, 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 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 Animal Control Officer, the dog may be impounded in a facility
or other structure agreeable to the owner.
B.
The Animal Control Officer will follow all procedures and requirements
for the handling of vicious and potentially dangerous dogs as provided
in N.J.S.A. 4:19-17 et seq.
C.
It shall be the responsibility of the Municipal Court of the Borough
of Rocky Hill to determine whether a dog is vicious or potentially,
dangerous pursuant to N.J.S.A. 4:19-17 et seq.
D.
Cost of impoundment and destruction. 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 Borough for
the accrued costs and expenses of the impoundment and/or destroying
the dog. The owner shall incur that 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.
E.
Disposition of fees and fines. All fines and fees collected or received
by the Borough pursuant to this section shall be deposited in a special
account and used by the Borough to administer and enforce the provisions
hereof.
A.
Confining a dog that has attacked or bitten a person. If a dog has
attacked or bitten a person, the Board of Health through its Animal
Control Officer shall serve notice to the owner requiring such dog
be either confined on the owner's premises or removed from the
owner's premises to a veterinary hospital, at the expense of
the owner, for a period of ten days, for the purpose of observing
the animal for the development of signs of rabies. An animal confined
under order of the Board of Health shall not be released until a certificate
of release has been issued by the Animal Control Officer.
B.
Management of dogs bitten by a known or suspected rabid animal. If
a dog is known to have been, or is suspected of having been, bitten
by an animal which is known or suspected of being infected by rabies,
the Board of Health through its Animal Control Officer shall serve
notice to the owner requiring that such dog be either strictly confined
for a period of six months (the maximum period of incubation for rabies)
or destroyed.
