[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:
AT LARGE
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.
DOG
Intended to mean both male and female.
DOG OF LICENSING AGE
Any dog which has attained the age of seven months or which possesses a set of permanent teeth.
NEUTERED DOG
Any dog which has had its reproductive capacity permanently altered through sterilization.
OWNER
Any person or persons, firm, association or corporation owning, keeping or harboring a dog.
POTENTIALLY DANGEROUS 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).
UNNEUTERED DOG
Any dog which has not had its reproductive capacity permanently altered through sterilization.
VICIOUS DOG
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.
Any person who violates any provision of this article shall, upon conviction, be liable for a penalty as provided in Chapter 1, General Provisions, Article I, General Penalty, herein. Each violation shall be considered a separate offense.