[HISTORY: Adopted by the Mayor and Council
of the Borough of Andover 8-13-1990 as Ord. No. 278.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed
former Ch. 60, Dogs, adopted 5-27-1946, as amended.
As used in this chapter, the following terms
shall have the meanings indicated:
A certified Municipal Animal Control Officer or, in the absence
of such an officer, the chief law enforcement officer of the municipality
or his designee.
Any dog, bitch or spayed bitch or dog hybrid.
Any dog which has attained the age of seven months or which
possesses a set of permanent teeth.
Any cat, dog or livestock.
[Amended 4-8-2019 by Ord.
No. 2019-3; 10-15-2019 by Ord. No. 2019-8]
Any establishment wherein or whereon the business of boarding
or selling dogs or breeding dogs for sale is carried on, except a
pet shop, and shall include any establishment wherein there is carried
on the business or practice of boarding, grooming, selling or breeding
dogs or where dogs are kept or maintained for any commercial purpose
whatever, except pet shops as herein mentioned, or where four or more
dogs of licensing age are kept or maintained for any reason in any
one place or establishment.
All horses, ponies, donkeys, mules, miniature breeds and
all other equine; all domestic and exotic pigs, hogs, and other swine;
all cattle, goats, sheep, and all other bovine; all llamas, alpacas,
camels, and all other camelids; all chickens, ducks, geese, guinea
hens, peacocks, turkeys, emus, rheas, and all other poultry and fowl;
domestic rabbits, and all other animals traditionally raised for food,
fiber, fur, or production means; as well as any exotic animals or
reptiles.
[Added 10-15-2019 by Ord. No. 2019-8]
When applied to the proprietorship of a domestic animal,
includes every person having a right of property in such domestic
animal and every person who has such domestic animal in his or her
keeping.
[Amended 10-15-2019 by Ord. No. 2019-8]
Any room or group of rooms, cage or exhibition pen, not part
of a kennel, wherein dogs for sale are kept on display.
Any dog or dog hybrid declared potentially dangerous by the panel pursuant to section § 60-24 of this chapter.
Any establishment for the confinement of dogs seized under
the provisions of this chapter or otherwise.
(a) The straying or wandering of livestock on a public street,
park or other public place without being under the control of the
livestock’s owner or owner’s representative; or (b) the
location of livestock on private property while not restrained by
a sufficient fence, enclosure or tether and not attended by the livestock’s
owner or the owner’s representative.
[Added 10-15-2019 by Ord. No. 2019-8]
Any establishment where dogs are received, housed and distributed
without charge.
When applied to livestock, means a fence which complies with
Agriculture Management Practices (AMP) adopted by the State Agriculture
Development Committee if the AMP applies to the property or operation
in question and, if not, with applicable laws and ordinances; and
is sufficiently enclosed and strong enough to prevent livestock from
escaping. If livestock escape(s) from a fenced area, the fence shall
be presumed not to be a “sufficient fence."
[Added 10-15-2019 by Ord. No. 2019-8]
Any dog or dog hybrid declared vicious by the panel pursuant to § 60-24 of this chapter.
A.
No person shall own, keep or harbor any dog within
the borough without obtaining a license therefor, to be issued by
the Borough Clerk or Animal Control Officer, upon application by the
owner and payment of the prescribed fee, and no person shall keep
or harbor any dog except in compliance with the provisions of this
chapter.
B.
The owner of any dog may, if the license tag is mislaid,
stolen or lost, procure a replacement tag upon the payment of the
prescribed fee. The owner must provide adequate proof that the dog
is currently licensed for the year in which the replacement tag is
desired.
Any person who shall own, keep or harbor a dog
of licensing age shall in the month of January of each year, and annually
thereafter, apply for and procure from the Borough Clerk or Animal
Control Officer a license and official metal registration tag for
each such dog so owned, kept or harbored and shall place upon each
dog a collar or harness with the registration tag securely fastened
thereto.
The person applying for the license and registration tag shall pay a fee as established in § 66-1 for the licensing of each dog and the additional fee as established in § 66-1 for the registration tag of each dog. The licenses, registration tags and renewals thereof shall expire on the last day of January of each year.
Dogs used as guides for blind persons and commonly
known as "Seeing Eye" dogs, dogs used to assist handicapped persons
commonly known as "service dogs" or dogs used to assist deaf persons
and commonly known as "hearing ear" dogs shall be licensed and registered
as other dogs as herein provided for, except that the owner or keeper
of such dog shall not be required to pay any fee therefor.
Any dog owner or person harboring a dog, found to have an unlicensed dog by the Animal Control Officer, dog canvasser or any other municipal official after February 1 of any year shall be required to pay an additional delinquent fee as provided for in § 66-1, plus the required license and registration tag fees as provided in this chapter, in addition to any fine imposed for failure to obtain a dog license before February 1.
Only one license and registration tag shall
be required in any licensing year for any dog owned in New Jersey,
and such license and tag issued by any other municipality of this
state shall be accepted by the borough as evidence of compliance with
this chapter.
The owner of any newly acquired dog of licensing age or of any dog which attains licensing age shall make application for license and registration tag for such dog within 10 days after such acquisition or age attainment. The fee shall be the same as required in § 60-4. Failure to obtain a license as provided herein shall result in a delinquent fee being imposed as set forth in § 60-6. The owner shall be required to present sufficient proof to establish that the dog was acquired after February 1 and that application has been submitted within the ten-day requirement.
A.
The application shall state the breed, sex, age, color
and markings of the dog for which license and registration are sought;
whether it is of a long or shorthaired variety; and the name, street
and post office address of the owner and the person who shall keep
or harbor such dog.
B.
There shall be provided with the application 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 Health,
Education and Welfare, or has been certified exempt as provided by
regulations of the State Department of Health. No license or metal
registration tag shall be issued without proof of inoculation as required
hereunder.
C.
The information on the application and the registration
number issued for the dog shall be preserved for a period of three
years by the Borough Clerk. Registration numbers shall be issued in
the order of the application.
D.
The Borough Clerk shall forward to the State Department
of Health each month, on forms furnished by the Department, an accurate
account of registration numbers issued or otherwise disposed of.
A.
Any person who shall bring or cause to be brought
into the borough any dog licensed in another state for the current
year and bearing a 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 apply for a license and registration
tag for each such dog.
B.
Any person who shall being or cause to be brought
into the borough any unlicensed dog and shall keep the same or permit
the same to be kept within the borough for a period of more than 10
days, shall immediately apply for a license and registration tag for
each such dog.
A.
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.
B.
No licensed dog shall be allowed off the premises
of the person harboring or keeping the dog, without the metal registration
tag attached to its harness or collar.
A.
Any person who keeps or operates or proposes to establish
a kennel, a pet shop, a shelter or a pound shall apply to the Borough
Clerk for a license entitling him to keep or operate such establishment.
B.
The application shall describe the premises where
the establishment is located or is proposed to be located, the purpose
or purposes for which it is to be maintained, and shall be accompanied
by the written approval of the local Board of Health and the Planning/Zoning
Board, showing compliance with the local and state rules and regulations
governing location of and sanitation at such establishments.
C.
All licenses issued for a kennel, pet shop, shelter
or pound shall state the purpose for which the establishment is maintained.
Such license shall expire on the last day of January of each year
and shall be subject to revocation by the borough on recommendation
of the State Department of Health or the local Board of Health for
failure to comply with the rules and regulations of the State Department
of Health or the local Board of Health governing the same, after the
owner has been afforded a hearing by either the State Department of
Health or the local Board of Health in accordance with the statutes
providing for such hearings.
D.
Any such person holding such license shall not be
required to secure individual licenses for dogs owned by him and kept
at such establishments. Such license shall not be transferable to
another owner or different premises.
E.
One female dog in breeding purposes may be kept by
not more than one person for each family household without obtaining
a kennel license for not more than one litter per year, and further
provided that the pups from such breeding shall be sold or disposed
of after seven months of age, unless kept as licensed dogs, and that
the female dog kept for breeding purposes must be registered as a
breed bitch each year when the license for the dog is obtained.
F.
The fees for kennels and pet shops shall be as listed in § 66-1 and shall be paid with the application.
G.
No dog kept in a kennel, pet shop, shelter or pound
shall be permitted off such premises except on leash or in a crate
or other safe control.
License fees and other moneys collected or received
under this chapter after payment to the state of its statutory fees
shall be forwarded to the Chief Financial Officer of the borough within
30 days after collection or receipt and shall be placed in a special
account separate from any of the other account of the borough, and
such funds shall be used, expended or transferred only in accordance
with statutes of the State of New Jersey governing and regulating
the use, expenditure or transfer of such funds.
The Borough Clerk 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.
The Borough Clerk shall annually cause a canvass
to be made of all dogs owned, kept or harbored within the limits of
the borough and shall report on or before September 1 of each year,
to the local Board of Health and to the State Department of Health,
the result thereof, setting forth in separate columns the names and
addresses of persons, owning, keeping or harboring unlicensed dogs,
the number of unlicensed dogs owned, kept or harbored by each of said
persons, together with a complete description of each of said unlicensed
dogs.
The Mayor and Council of the Borough shall appoint
a licensed Animal Control Officer to enforce the provisions of this
chapter.
A.
The Animal Control Officer or other persons designated
by the Mayor and Council shall take into custody and impound or cause
to be taken into custody and impounded and thereafter destroyed or
offered for adoption as hereinafter provided in this section:
(1)
Any dog off the premises of the owner or of the person
keeping or harboring said dog which the official or his agent have
reason to believe is a stray dog.
(2)
Any dog off the premises of the owner or of the person
keeping or harboring said dog without a current registration tag on
his collar.
(3)
Any female dog in season off the premises of the owner
or the person keeping or harboring said dog.
(4)
Any dog upon the public or private streets or in any public place not accompanied by a person over the age of 12 years and not confined as prescribed by § 60-23; said dog shall be deemed to be a stray.
(5)
Any dog kept in a kennel, pet shop, shelter or pound and off such establishment and not confined or controlled as prescribed by § 60-12G; said dog shall be deemed to be a stray.
(6)
Any dog or other animal that is expected to be rabid.
(8)
Any dog which the owner or persons keeping or harboring
said dog wishes to dispose of and to which he renounces ownership,
custody and control, in writing.
(9)
Any dog or other animal off the premises of the owner
reported to or observed by a certified Animal Control Officer to be
ill, injured or creating a threat to public health, safety or welfare
or otherwise interfering with the enjoyment of property.
B.
If any dog so seized wears a collar or harness having
inscribed thereon or attached thereto the name and address of any
person or a registration tag, or the owner or the person keeping or
harboring the dog is known, an Animal Control Officer or anyone authorized
by the Mayor and Council shall forthwith serve on the person whose
address is given on the collar or on the owner or the person keeping
or harboring the dog, if known, a notice, in writing, stating that
the dog has been seized and will be liable to be offered for adoption
or destroyed if not claimed within seven days after the service of
the notice.
C.
A notice under Subsection B of this section 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.
When any dog so seized has been detained for seven
days after notice, when notice can be given as above set forth in
this section, or has been detained for seven days after seizure, when
notice has not been and cannot be given as above set forth in this
section, and if the owner or persons keeping or harboring the dog
has not claimed the dog and paid all expenses incurred by reason of
its detention, and, if the dog is unlicensed at the time of the seizure
and the owner or person keeping or harboring the dog has not produced
a license and registration tag for the dog, the Animal Control Officer
may cause the dog to be destroyed in a manner causing as little pain
as possible or offered for adoption.
E.
When any dog shall be delivered under Subsection A(8) of this section, no notice to the owner shall be required, unless the person delivering the dog is someone other than the owner, in which event the foregoing procedure shall be followed; if the person delivering the dog is the owner, the Animal Control Officer or any person so authorized may forthwith destroy the dog in a manner causing as little pain as possible.
There shall be charged to the owner of each dog which is impounded, pursuant to § 60-17, all fees incurred by the borough in the picking up and detention, including the per-day maintenance fee for each day or part thereof that the dog has been impounded, which fees shall be paid before the dog can be released.
Any 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 any dog or dogs which he
may lawfully seize and impound when such officer is in immediate pursuit
of such dog or dogs, except upon the premises of the owner of the
dog if the said owner is present and forbids the same.
No person shall hinder, molest or interfere
with anyone authorized or empowered to perform any duty under this
chapter. The mandatory minimum penalty for violation of this section
shall be $100 up to $1,000.
No person shall allow any dog in his keeping,
custody, control or ownership to bark, howl or cry, continuously for
any period longer than 1/2 hour between the hours of 10:00 p.m. and
7:00 a.m. or otherwise repeatedly at intervals of more than 1/2 hour
at any time of the day or night, in such volume or manner as to disturb
the comfort, peace and repose of persons in the vicinity.
A.
No person owning, keeping or harboring any dog shall
suffer or permit such animal to run at large in, upon or through any
public, quasi-public or private street, public park or recreation
area, public building or any other public place or place to which
the public is invited, and no person owning, keeping or harboring
any dog shall suffer or permit such animal to run at large in, upon
or through any private property without the authority of the owner
of the private property.
B.
When a dog has been impounded for running at large,
the Animal Control Officer shall file a complaint of this violation
in the Municipal Court.
No person owning, keeping or harboring any dog
shall suffer or permit it to be upon the public or private streets
or in any public place of the borough unless such dog is accompanied
by a person over the age of 12 years and is securely confined and
controlled by an adequate leash not more than six feet long.
A.
The Animal Control Officer shall seize and impound
a dog when the officer has reasonable cause to believe that the dog:
(1)
Attacked a person and caused death or serious bodily
injury as defined in N.J.S.A. 2C:11-1b to that person.
(2)
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.
(3)
Engaged in dogfighting activities as described in
N.J.S.A. 4:22-24 and 4:22-26.
B.
The dog shall be impounded until the final decision
as to whether the dog is vicious or potentially dangerous pursuant
to and in accordance with the provisions of N.J.S.A. 4:19-17 et seq.
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.
The Animal Control Officer shall notify the official responsible for convening a hearing pursuant to Subsection D and the Municipal Health Officer within three working days that he has seized and impounded a dog pursuant to Subsection A of this section 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. If its owner cannot be identified within seven days, that dog may be humanely destroyed.
D.
Hearing panel.
(1)
The chief law enforcement officer of the municipality or the Municipal Health Officer shall select a panel of three qualified individuals knowledgeable about dog behavior and shall conduct a hearing, within 30 days of the receipt of the signed statement from the dog's owner as required by N.J.S.A. 40:19-20b, to determine whether the dog impounded pursuant to Subsection A of this section is vicious or potentially dangerous. In no case may the municipal officer who is the supervisor of the Animal Control Officer presenting the case select the panel. If neither the chief law enforcement officer of the municipality nor the Municipal Health Officer is the Animal Control Officer's supervisor, the Municipal Health Officer shall select the panel and conduct the hearing. To the greatest extent practicable, the selected panel shall collectively represent a diverse background in dog behavior, and in no case may all of the members of the panel be from the same discipline nor may a panel include any individual connected to the case. Upon request, the Department may recommend to the Municipal Health Officer or chief law enforcement officer of the municipality the names of qualified individuals to serve on the enforcement officer of the municipality the names of qualified individuals to serve on the panel. For the purposes of this section, "qualified individuals" means:
(a)
Veterinarians specializing in the treatment
of dogs and cats.
(b)
American Kennel Club certified dog breed or
obedience judges.
(c)
Professional dog handlers who are members of
the Professional Handlers Association or who are recommended by either
a Professional Handlers Association member or an American Kennel Club
certified dog breed judge.
(d)
Professional dog obedience trainers who are
members of the National Association of Dog Obedience Instructors or
who are recommended by a National Association of Dog Obedience Instructors
member or an American Kennel Club dog obedience judge.
(e)
Dog behavior modification trainers who are recommended
by a veterinarian specializing in the treatment of dogs and cats,
an American Kennel Club dog obedience judge, a National Association
of Dog Obedience Instructors member or persons in Subsection D(6)
below.
(f)
Animal behaviorists with at least a bachelor's
degree in animal behavior specializing in the treatment of canine
behavior disorders.
(2)
The official conducting the hearing shall notify the
owner of the impounded dog, by certified mail, return receipt requested,
and the Department of Health of the date and time of the hearing and
the names of the panel members selected. During the hearing, the owner
shall have the opportunity to present evidence to demonstrate that
the dog is not vicious or potentially dangerous.
E.
If the panel pursuant to N.J.S.A. 4:19-20 declares
a dog to be vicious and no appeal is made of the ruling pursuant to
N.J.S.A. 4:19-25, the dog shall be destroyed in a humane and expeditious
manner. No dog may be destroyed during the pending of an appeal.
F.
If the panel pursuant to N.J.S.A. 4:19-20 declares
a dog to be potentially dangerous, it shall issue an order and schedule
for continuance as required by N.J.S.A. 4:19-24 and may require the
owner to comply with additional conditions permitted to be imposed
by said statute.
G.
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 costs and expenses
of impounding and destroying the dog. 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.
H.
The owner of a potentially dangerous dog shall:
(1)
Comply with the provisions of this act in accordance
with a schedule established by the panel, but in no case more than
60 days subsequent to the date of determination.
(2)
Notify the licensing authority, local Police Department
or force 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
or force 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 donation of the dog to a person residing
in a different municipality, notify the Department and the licensing
authority. Police Department or force and Animal Control Officer of
that municipality of the transfer of ownership and the name, address
and telephone of the new owner.
I.
Registration of potentially dangerous dogs.
(1)
The Borough Clerk shall issue a potentially dangerous
dog registration number and red identification tag along with a municipal
potentially dangerous dog license upon a demonstration of sufficient
evidence by the owner to the Animal Control Officer that he has complied
with the panel's orders. The last three digits of each potentially
dangerous dog registration number issued by a municipality will be
the three-number code assigned to that municipality in the regulations
promulgated pursuant to N.J.S.A. 4:19-33. The Animal Control Officer
shall verify, in writing, compliance to the Municipal Clerk or other
official designated to license dogs in the municipality.
(2)
The Borough Clerk shall publicize a telephone number
for reporting violations of this chapter. This telephone number shall
be forwarded to the Department, and any changes in this number shall
be reported immediately to the Department.
The purpose of this section is to protect the
health, safety and welfare of all those frequenting this borough,
by preventing the needless health hazards and nuisances caused by
dog feces upon public and private property located within the borough.
A.
Defecation on private property. No person owning or
in charge of any dog shall cause or allow such dog to soil, defile,
defecate upon or commit any nuisance upon any private property, without
the permission of the owner of the property. Any person owning or
in charge of a dog which soils, defiles, defecates or commits any
such nuisance shall immediately remove all feces deposited by such
dog in a sanitary manner.
B.
Defecation on public property. No person owning or
in charge of any dog shall cause or allow such dog to soil, defile,
defecate upon or commit any nuisance on any place where people congregate
or walk or upon any public property. Any person owning or in charge
of a dog which soils, defiles, defecates or commits any such nuisance
shall immediately remove all feces deposited by such dog in a sanitary
manner.
C.
Defecation on owner's property. No person shall permit
the defecation of dog feces upon his/her own property or property
occupied by him/her to the extent that the odor may be noticeable
to any adjoining property owners.
D.
Disposal of defecation. The feces removed from the
aforementioned designated ares shall be disposed of by the person
owning or in charge of any such dog in a sealed, nonabsorbent, leakproof
container. Disposition in a sanitary manner shall include taking the
feces home for deposit or wrapping the feces and placing the same
in a trash can. It shall not include burial, disposal by placement
in a storm sewer or placing unwrapped feces in a trash can.
F.
Seeing Eye dogs. The provision of this section shall
not apply to dogs used as guides for blind persons and commonly known
as "Seeing Eye" dogs, dogs used to assist handicapped persons commonly
known as "service dogs" or dogs used to assist deaf persons and commonly
known as "hearing ear" dogs.
G.
Complaints of violations. In the event of a violation
on private property, a complaint is only to be filed by the owner
of such property. In the event of such a violation occurring on public
property, thoroughfares, walkways or parks, a complaint may be filed
by any witness to such an act.
No person owning, keeping or harboring a dog
or cat shall permit it to do any injury to or to do any damage to
any lawn, shrubbery, flowers, grounds or property or a complaint may
be made against the owner or keeper of such dog or cat.
Any person who violates any provision of this
chapter shall, upon conviction thereof, be liable to a mandatory penalty
as set forth below for the first and second offenses. Any person found
guilty of violating any provision of this chapter for a third or more
times or found guilty of violating any section of this chapter for
which a penalty has not hereinafter been set forth shall be liable
to a penalty of up to $1,000 for each violation or may be imprisoned
for a period not to exceed 90 days, or both, at the discretion of
the court.
It shall be the duty of the Animal Control Officer
to enforce the provisions of this chapter.
If any Article, section or subsection of this
chapter is held for any reason to be unconstitutional or invalid,
such provisions shall be deemed severable.
[Added 10-15-2019 by Ord. No. 2019-8]
A.
The owner of and every person or persons, firm, partnership, corporation
or entity having responsibility for the care, control, custody or
management of livestock shall prohibit and prevent such livestock
from running at large within the limits of the Borough of Andover.
B.
Owners and lessees of land where livestock is kept shall maintain
a sufficient fence to contain and protect the livestock.
C.
The Animal Control Officer is authorized to impound livestock running
at large and to furnish the impounded livestock with suitable food
and water so long as they are detained. The impounded livestock may
be returned to its owner on delivery of reimbursement by the owner
to the Animal Control Officer for the costs of care, feeding and retention
of the livestock and of satisfactory proof of ownership of the livestock.
D.
In the event the Animal Control Officer shall determine corrective
action is needed with regard to the fencing, retention and/or care
of livestock or damage caused by livestock running at large, the following
shall apply:
(1)
The Animal Control Officer shall cause a notice to be issued to an
owner of the livestock and/or owner or lessee of the land on which
the livestock is kept.
(2)
Such notice shall be deemed to be properly served if sent by first-class
mail, express mail, overnight carrier or certified mail to the last
known address of an owner of the livestock and/or the owner or lessee
of the land on which the livestock is kept.
(3)
Such notice shall be in writing; include the identity or description
of the livestock and a statement of when, where and what damage was
done, if any; include an order stating the amount of damages, restitution
and costs to be paid and corrective action to be performed and setting
forth a deadline for the payment and completion of corrective action;
and inform the person being noticed of the right to appeal the order
to the governing body of the Borough by delivering written request
for appeal to the Borough Clerk no later than 20 calendar days after
the service of the notice.
(4)
After timely delivery of the notice of appeal to the Clerk, the appeal
shall be scheduled for consideration by the governing body who shall
issue its determination in writing.
(5)
Failure to comply with an order issued per this section shall constitute
a violation.
