As used in this article the following terms shall have the meanings indicated:
ABANDONMENT
Releasing, leaving or refusing to pick up or claim any animal which one owned, possessed or had in one's custody or control.
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.
KENNEL
Any establishment wherein or whereon the business of boarding or selling dogs or breeding dogs for sale is carried on, except a pet shop.
LITTER
One or more animals born to a female animal.
OWNER
When applied to the proprietorship of a dog, means and includes every person having a right of property in such dog and every person who has such dog in his keeping.
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.
SHELTER
An establishment for the confinement of dogs seized either under the provisions of this article or otherwise.
Any person who shall own, keep or harbor a dog of licensing age shall, during the month of January of each year and annually thereafter, apply for and procure from the authorized municipal licensing official a license and official registration tag for each such dog so owned, kept or harbored, and shall place upon each such dog a collar or harness with the registration tag securely fastened thereto.
A. 
The person applying for the license and registration tag shall pay a fee in the amount provided for in Chapter 94, Fees; and for each annual renewal, the fee for the license and for the registration tag shall be the same as for the original license and tag. Said licenses, registration tags and renewals thereof shall expire on the last day of January in each year.
[Amended 10-3-1977 by Ord. No. 77-37]
B. 
Dogs used as guides for blind persons and commonly known as "Seeing Eye" dogs shall be licensed and registered as other dogs as hereinabove provided for, except that the owner or keeper of such dog shall not be required to pay any fee therefor.
[Amended 10-3-1977 by Ord. No. 77-37; 8-21-1978 by Ord. No. 78-19]
Any dog owner or person harboring an unlicensed dog after January 31 shall pay, in addition to the required license fee, a delinquency fee per license as provided for in Chapter 94, Fees. Any person identified by the Animal Warden, a dog canvasser or any other municipal official as owning or harboring an unlicensed dog after March 1 shall be required to pay a delinquency fee per unlicensed dog as provided for in Chapter 94, Fees. Delinquency fees shall not apply to dogs which have been acquired by the owner after February 1, in which case the license fee shall be the same as set forth in § 78-3. The owner, however, must present sufficient proof to establish that said dog was acquired after February 1.
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 short-haired variety; and the name, street and post office address of the owner and the person who shall keep or harbor such dog.
B. 
The information on said application and the registration number issued for the dog shall be preserved for a period of three years by the authorized municipal licensing official. Registration numbers shall be issued in the order of the applications.
C. 
The authorized municipal licensing official shall forward to the State Department of Health each month, on forms furnished by the said 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 municipality any dog licensed in another state for the current year and bearing a registration tag and shall keep the same or permit the same to be kept within the municipality for a period of more than 90 days shall immediately apply for a license and registration tag for each such dog, unless a license for such dog is not required pursuant to § 78-10.
B. 
Any person who shall bring or cause to be brought into the municipality any unlicensed dog and shall keep the same or permit the same to be kept within the municipality for a period of more than 10 days, unless on the premises of a licensed veterinarian, shall immediately apply for a license and registration tag for each such dog, unless a license for such dog is not required pursuant to § 78-10.
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 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 authorized municipal officer for a license entitling him to keep or operate such establishment. All licenses issued for such establishments shall state the purpose for which the establishment is maintained, shall expire on the last day of June of each year and shall not be transferable to another owner or different premises.
[Amended 12-4-2000 by Ord. No. 00-12]
B. 
Any person holding such license shall not be required to secure individual licenses for dogs owned by such licensee and kept at such establishments.
The application shall describe the premises where the establishment for a kennel, pet shop, shelter or pound is located or is proposed to be located and the purpose or purposes for which it is to be maintained, and shall be accompanied by the written approval of the Board of Health and Zoning Officer showing compliance with the local and state rules and regulations governing the location of and sanitation at such establishments.
All licenses issued for a kennel, pet shop, shelter or pound shall be subject to revocation by the governing body on recommendation of the State Department of Health or the Municipal Board of Health for failure to comply with applicable provisions of this article or the rules and regulations of the State Department of Health or of the Municipal Board of Health governing the same, after the licensee has been afforded a hearing by either the State Department of Health or the governing body.
A. 
License or other fees collected under the provisions hereof, except those paid to the state, shall be turned over to the Treasurer within 30 days of collection. The fees collected shall be accounted for and spent in accordance with N.J.R.S. 4:19-15.11, as amended.
B. 
Such portion of this license fee as is required by law shall be forwarded to the State Department of Health.
The Chief of Police or such other persons designated by the governing body shall promptly after February 1 of each year cause a canvass to be made of all unlicensed dogs owned, kept or harbored within the limits of the municipality. He shall report on or before May 1 of each year to the authorized municipal licensing official, to the 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 such dogs and the number of unlicensed dogs owned or kept by each of said persons, together with the complete description of each of said unlicensed dogs.
The Somerset Regional Animal Shelter Commission may appoint or hire, at such times and for such terms as may from time to time seem expedient, one or more persons, to be known as "Animal Wardens," whose duties shall be to enforce the provisions of this article and take into custody and impound dogs as provided in § 78-19. The governing body may authorize the members of the Police Department to perform the above services or may contract for the performance of such services by other municipal agencies.
A. 
The Animal Wardens or other persons designated by the governing body shall take into custody and impound or cause to be taken into custody and impounded, and thereafter destroyed or disposed of 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 said official or his agent or agents 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 of 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 or controlled as prescribed by § 78-25.
(5) 
Any dog kept in a kennel, pet shop, shelter or pound off such establishment and not confined or controlled as prescribed by § 78-14.
(6) 
Any dog running at large in violation of § 78-24.
(7) 
Any dog declared vicious as determined by the provisions of § 78-26 and which said dog has not been disposed of in accord with said § 78-26.
(8) 
Any dog which the owner or person keeping or harboring said dog wishes to dispose of and to which he renounces ownership, custody and control, in writing.
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 said dog is known, the person authorized by the governing body shall forthwith serve on the person whose address is given on the collar, or on the owner or the person keeping or harboring said dog, if known, a notice in writing or by phone stating that the dog has been seized and will be liable to be disposed of 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 phoning that person at his address 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 person keeping or harboring said dog has not claimed said dog and paid all expenses incurred by reason of its detention, or if the dog be unlicensed at the time of the seizure and the owner or person keeping or harboring said dog has not produced a license and registration tag for said dog, the Animal Warden may cause the dog to be destroyed in the most humane manner possible.
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 said dog is someone other than the owner, in which event the foregoing procedure shall be followed; if the person delivering the said dog is the owner, the Animal Warden or any other person so authorized may forthwith destroy the dog in the most humane manner possible.
[Amended 10-3-1977 by Ord. No. 77-37]
Impounding and disposal fees, which include charges for boarding, pickups (dead or alive), euthanasia, adoption, registration, redemption and the disposal of a litter of animals, shall be in the amounts provided for in Chapter 94, Fees.
Any officer or agent authorized or empowered to perform any duty under this article 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 said owner is present and forbids the same.
No person shall keep, harbor or maintain any dog which habitually barks or cries and thus disturbs the public peace, or which by frequent barking disturbs the peace and quiet of the neighborhood and creates a nuisance thereby. The license for a kennel, pet shop, shelter or pound issued pursuant to § 78-11 may be suspended or revoked for continued violations of this section after the licensee has been afforded a hearing by the governing body on due notice of such complaints.
A. 
No person owning, keeping or harboring any dog shall suffer or permit it to run at large upon the public streets or in any public park, in any public building or in any other public place within the municipality or on anyone's private property other than the dog owner's property.
B. 
When a dog has been impounded for running at large, the Animal Warden 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 of the municipality unless such dog is accompanied by a person over 12 years of age and controlled by an adequate leash not more than six feet long. Seeing Eye dogs shall be excused from the control set forth in this section when accompanied by their masters.
A. 
No person shall keep within the limits of the municipality any vicious dog. Any vicious dog found within the limits of the municipality may be seized by any police officer or by the Animal Warden and shall be impounded as specified; provided, however, that if any dangerous, fierce or vicious dog is found at large and cannot be seized, taken up and impounded, such a dog may be slain by any police officer.
B. 
Where a dog has bitten two or more persons or has bitten one person on two or more occasions, any person may make a complaint against the owner of such a dog. Such complaints shall be handled by the Municipal Court. If the Court so determines the dog in question to be a vicious dog, said dog shall be destroyed or muzzled at the discretion of the Court.
[Amended 8-21-1978 by Ord. No. 78-19]
All dogs and/or cats which bite any person shall be quarantined by the local Board of Health for a ten-day period. The Municipal Health Officer shall provide written instructions to the owner of the animal pursuant to the terms of the quarantine order. Unlicensed dogs shall be quarantined at the owner's expense at the Somerset Regional Animal Shelter.
[1]
Editor's Note: For further provisions pertaining to cats, see Art. II of this chapter.