[Adopted 10-14-1941 by Ord. No. 459 (§§ 95-7
to 95-27 of the 1982 Code)]
A.
BOROUGH
DOG
DOG OF LICENSING AGE
KENNEL
OWNER
PERSON
PET SHOP
POUND
SHELTER
As used in this article, the following terms shall
have the meanings indicated:
Borough of Leonia in the County of Bergen.
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 establishment wherein or whereon the business of boarding
or selling dogs or breeding dogs for sale is carried on, except a
pet shop, or a place where more than three dogs of licensing age shall
be kept or harbored.
When applied to the proprietorship of a dog, includes every
person having a right of property in such dog and every person who
has such dog in his keeping.
An individual, firm, partnership, corporation or association
of persons.
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.
Any establishment where dogs are received, housed and distributed
without charge.
B.
Word usage.
(1)
The words "and" and "or" may be used interchangeably,
and either of the two may be applicable, whichever is more conducive
towards the effectuating of this article.
(2)
Personal pronouns shall mean either the singular or
the plural, whichever is applicable and conducive towards the effectuating
of this article.
(3)
The masculine, feminine or the neuter gender shall
be implied, whichever is appropriate and conducive for the effectuating
of this article.
No person shall keep or harbor any dog within
the Borough without first obtaining a license therefor, to be issued
by the Police Department upon application by the owner and payment
of the prescribed fee, and no person shall keep or harbor any dog
in said Borough except in compliance with the provisions of this article.
[Amended 4-21-2003 by Ord. No. 04-03; 12-20-2004 by Ord. No.
27-04]
Any person who shall own, keep or harbor a dog
of licensing age shall, in the month of January 1947 and annually
thereafter, apply for and procure from the Police Department a license
and official metal registration tag for each dog owned, kept or harbored
and shall place on each such dog a collar or harness with the registration
tag securely fastened thereto. No single-family household shall harbor
at any one time within the Borough of Leonia more than three dogs
of licensing age.
A.
The annual fee to be paid by the owner or harborer of any dog for its license and registration tag shall be as set forth in Chapter 123, Fees. For each annual renewal the fee for the license and registration tag shall be the same as for the original license and tag.
B.
The three-year fee to be paid by the owner or harborer of any dog for its license and registration tag shall be as set forth in Chapter 123, Fees. Licenses, registration tags and renewals shall expire on the last day of January in each year or three-year period.
C.
Dogs used as guides for blind persons and commonly
known as "Seeing Eye" dogs shall be licensed and registered as other
dogs hereinabove provided for, except that the owner or keeper of
such dog shall not be required to pay any fee therefor.
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 of acquisition
or age attainment.
The application shall state the breed, sex,
age, color and markings of the dog for which license and registration
are sought and whether it is of a long- or short-haired variety, also,
the name, street and post office address of the owner and the person
who shall keep or harbor such dog. The information on said application
and the registration number issued for the dog shall be preserved
for a period of three years by the Chief of Police. In addition, he
shall forward similar information to the State Department of Health
each month, on forms furnished by said Department. Registration numbers
shall be issued in the order of the applications.
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 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 dog unless the dog is licensed under § 88-10 of this article.
Any person who shall bring or cause to be brought into this 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 unless such dog is licensed under § 88-10 of this article.
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.
A.
The license fees and other moneys collected or received
under the provisions of this article shall be forwarded to the Treasurer
of the Borough within 48 hours after collection or receipt and shall
be placed in a special account separate from any of the other accounts
of the Borough, and which shall be used for the following purposes
only: for collecting, keeping and disposing of dogs liable to seizure
under this article, for local prevention and control of rabies, for
providing anti-rabies treatment under the direction of the Leonia
Board of Health for any person known or suspected to have been exposed
to rabies, for all other purposes prescribed by the statutes of New
Jersey governing the subject and for administering the provisions
of this article. Any unexpended balance remaining in such special
account shall be retained therein until the third fiscal year following
and may be used for any of the purposes set forth in this section.
At the end of the said third fiscal year following, and at the end
of each fiscal year thereafter, there shall be transferred from such
special account to the general funds of the Borough of Leonia, any
amount then in such account which is in excess of the total amount
paid into said special account during the last two fiscal years next
preceding.
B.
The registration tag fee for each dog shall be forwarded
within 30 days after collection by the Borough Treasurer to the State
Department of Health.
The Chief of Police 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 Chief of Police shall promptly after February
1, 1942, and annually thereafter cause the Police Department to make
a canvass of all dogs owned, kept or harbored within the limits of
the Borough and shall report to the Mayor and Council and to the Leonia
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, the number of licensed dogs
owned, kept or harbored by each of said persons, together with the
registration numbers of each of said dogs and the number of unlicensed
dogs owned, kept or harbored by each of said persons, together with
the complete description of each of said unlicensed dogs.
A.
The Chief of Police shall take into custody and impound
or shall cause the Police Department to take into custody and impound
and, thereafter, destroy or dispose of as 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.
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 Chief of Police or any person authorized
by him in his behalf 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, stating that the dog has
been seized and will be liable to be disposed or destroyed if not
claimed within seven days after the service of the notice.
C.
A notice under 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 post in a prepaid letter
addressed to that person at his usual or last known place of abode
or 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 set forth above or has been detained for seven days after seizure when no notice has been given as above set forth, 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, including maintenance of $0.50 per day, plus a redemption fee as set forth in Chapter 123, Fees. (This latter fee shall be payable to the Borough of Leonia.) If the dog is 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 aforesaid Chief of Police or any person authorized by him in that behalf shall cause the dog to be destroyed in manner causing as little pain as possible.
The Mayor, with the consent of the Council,
may appoint a Dog Warden, who shall hold office until the last day
of January in the year next succeeding the year in which he is appointed,
unless sooner removed after hearing upon charges by the vote of a
majority of the whole Council. It shall be the duty of the Dog Warden
to enforce the provisions of this article, to file complaints with
the Magistrate against any person who violates or refuses to comply
with the provisions of this article, make a report forthwith of his
acts to the Chief of Police and, under the direction of the Chief
of Police, perform any of the duties imposed upon said Chief of Police
and/or the Police Department by virtue of this article being kept
in full force and effect. Nothing herein contained shall relieve the
Chief of Police or the Police Department from the responsibilities
imposed upon them by this article.
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 hinder, molest or interfere
with anyone authorized or empowered to perform any duty under this
article.
[Amended 12-27-1999by Ord. No. 21-99]
A.
No person shall keep, harbor or maintain any dog which
habitually barks or cries.
B.
No person shall, at any time, fasten, chain or tie
any dog, or cause any dog to be fastened, chained, or tied to any
stationary object for more than two hours in a twenty-four-hour period,
while such dog is on the dog's caregiver's property, on the property
of the dog's caregiver's landlord, or on the property of the person
having temporary or permanent custody of the dog. Pulley runs are
acceptable for no more than four hours in a twenty-four-hour period.
No person owning, keeping or harboring any dog
shall suffer or permit it to run at large or be upon the public streets
or in any public park or in any public building or in any other public
place within the Borough, unless such dog is in the control, by leash,
of its owner or some other person or unless such dog is securely muzzled
with a wire or leather muzzle securely fastened over its jaws in such
a manner that it cannot bite.
The Mayor and Council may designate periods
during which dogs shall not be permitted to be upon the public streets
or in any public park, or in any public building or in any other public
place within the Borough even though such dog wears a muzzle securely
fastened over its jaws in such a manner that it cannot bite, unless
such dog is in the control of its owner or some other person, such
designation to be made by publication at least three times in a newspaper
in which legal notices of the Borough may be published, and, after
such publication, no person owning, keeping or harboring a dog shall
permit it to be upon the public streets or in any public building
or in any other public place within the Borough even though such dog
wears a muzzle securely fastened over its jaws in such a manner that
it cannot bite, unless such a dog is in the control, by leash, of
its owner or some other person.
No person owning, keeping or harboring a dog
shall permit or suffer it to do any injury or to do any damage to
any lawn, shrubbery, flowers, grounds or property.
A.
Any person who violates or refuses to comply with any part of any of the following sections, namely, §§ 88-8, 88-9, 88-11, 88-13, 88-14, 88-15 or 88-22 of this article or with the rules and regulations promulgated by the State Department of Health governing the sanitary conduct and operation of kennels, pet shops, shelters and pounds to preserve sanitation therein and prevent the spread of rabies and other diseases of dogs within and from such establishments shall be liable to a penalty as set forth in Chapter 1, Article I, General Penalty, for each offense, to be recovered by and in the name of the Borough or by and in the name of the State Department of Health, as the case may be. A person who refuses or neglects to pay forthwith the amount of a judgment rendered against him and the cost and charges incident thereto shall be committed by the court to the county jail for a period not exceeding 10 days in the case of a first conviction and, in the case of a conviction for a second, subsequent or continuing violation, for a period not exceeding 30 days.
B.
That any person who violates or refuses to comply with any part of any of the following sections, namely, §§ 88-23, 88-24, 88-25 or 88-26 of this article shall be liable to a penalty as set forth in Chapter 1, Article I, General Penalty, for each offense to be recovered by and in the name of the Borough. A person who refuses or neglects to pay forthwith the amount of a judgment rendered against him and the costs and charges incident thereto shall be committed by the court to the county jail for a period not exceeding 10 days in the case of a first conviction and, in the case of a second, subsequent or continuing violation, for a period not exceeding 30 days.
