As used in this article:
Includes any dog, bitch or spayed bitch.
Includes any dog which has attained the age of seven months
or which possesses a set of permanent teeth.
Includes any establishment wherein or whereon the business
of boarding or selling dogs or breeding dogs for sale is carried on,
except a pet shop.
When applied to the proprietorship of a dog shall include
every person having a right property in such dog and every person
who has such a dog in his keeping.
Includes any room or group of rooms, cage or exhibition pen,
not part of a kennel, wherein dogs for sale are kept or displayed.
A.
Any person who keeps or operates or proposes to establish
a kennel or pet shop 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 Health Officer of the Borough of East
Rutherford, 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 or pet shop shall
state the purpose for which the establishment is maintained. Such
licenses shall expire on the last day of December of each year and
shall be subject to revocation by the Borough on recommendation of
the State Department of Health or of the Borough Department of Health
for failure to comply with the rules and regulations of the State
Department or of the Borough Department of Health governing them.
No license shall be revoked unless the owner has been afforded a hearing
by the State Department or by the Health Officer of the Borough of
East Rutherford.
D.
Any 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.
[Amended 11-13-2008 by Ord. No. 2008-03[1]]
Annual license fees shall be as follows:
A.
For a kennel providing accommodations for 10 or fewer
dogs: $150.
B.
For a kennel providing accommodations for more than
10 dogs: $250.
C.
For a pet shop: $100.
[1]
Editor's Note: This ordinance also provided
an effective date of 1-1-2009.
No dog kept in a kennel or pet shop shall be
permitted off such premises, except on leash or in a crate or under
other safe control.
A.
Annual license and tag required; placing tag on collar
or harness. Any person who shall own, keep or harbor a dog of licensing
age in the Borough of East Rutherford shall, annually, apply for and
procure from the Borough Clerk a license and official metal 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.
[Amended 6-7-2001 by Ord. No. 2001-1; 6-7-2007 by Ord. No. 2007-5A]
[Added 9-8-2016 by BOH Ord. No. 2016-01]
Dogs used as guides for blind persons and commonly
known as "Seeing Eye" dogs shall be licensed and registered as provided
in this article; provided, however, that the owner or keeper of such
dog shall not be required to pay any fee therefor.
License forms and uniform official registration
tags designed by the State Department of Health shall be furnished
by the Borough of East Rutherford, shall be numbered serially, and
shall bear the year of issuance and the name of the Borough.
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 tags for such dog within 10 days after
such acquisition or age attainment.
A.
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.
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 Borough of East Rutherford. In addition, it 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. Registration numbers shall be issued in
the order of the applications.
A.
Any person who shall bring or cause to be brought
into the Borough of East Rutherford any dog licensed in another state
for the current year and bearing a registration tag, and shall keep
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 bring or cause to be brought
into the Borough any unlicensed dog, and shall keep 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.
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.
No person owning or having the control, custody
or possession of a dog shall permit or suffer such dog to run at large,
or to go or be upon the public street, sidewalks or other public places
within the Borough unless said dog shall be on a leash and in the
custody of some person or persons capable of controlling such dog.
The Chief of Police or any person appointed
for the purpose by the Board of Health of the Borough of East Rutherford
shall, promptly after February of each year, 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 May 1 of each year, to the
Borough Clerk, to the Department of Health of the Borough, 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, together with the registration number of each of said dogs,
and 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.
A.
The Chief of Police of the Borough of East Rutherford,
or any official police officer, or any person appointed for the purpose
by the Board of Health of the Borough, shall take into custody and
impound or cause to be taken and impounded and thereafter destroyed
or disposed of, as provided in this section, and in accordance with
L. 1941, c. 151, 16 (N.J.S.A. 4: 19-15.16) and the amendments thereof
and supplements thereto:
(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 person keeping or harboring
said dog is known, the Chief of Police shall forthwith serve on the
person whose address is given on the collar, or on the owner, or on
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
of or destroyed if not claimed within seven days after service of
the notice. A notice under this section may be served 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 to 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 address set forth on the
application for the license.
C.
When any dog so seized has been detained for seven
days after notice, when notice can be given as above set forth, or
has been detained for seven days after seizure when no notice has
been given, and if the owner or person keeping or harboring said dog
has not claimed said dog and paid all expense incurred by reason of
its detention, including maintenance not exceeding $1 per day, and
a fee of $1 for expense of seizure, and further, 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 aforesaid Chief of Police of the Borough of East Rutherford,
or any person appointed for the purpose by the Board of Health of
the Borough, may cause the dog to be destroyed in manner causing as
little pain as possible.
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 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.
A.
Any person who violates or fails or refuses to comply
with provisions contained herein or with the rules and regulations
promulgated by the State Department of Health governing the sanitary
conduct and operation of kennels or pet shops, to preserve sanitation
therein and to prevent the spread of rabies and other diseases of
dogs within and from such establishments, shall be liable of a penalty
of not less than $5 nor more than $500 for each offense, to be recovered
by and in the name of the Director of Health of the State of New Jersey,
or by or in the name of the Borough, as the case may be, except that
for the first offense, in case of violations of provisions contained
herein, the penalty shall not be less than $5 nor more than $500,
to be recovered in the same manner. A person who refuses or neglects
to pay forthwith the amount of a judgment rendered against him and
the costs and charges incident thereto may be committed by the magistrate
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 term not exceeding 30 days.
B.
Any person who shall violate any provision of this
article shall, upon conviction thereof, be punished by a fine not
exceeding $500.
[Added 4-3-2003 by Ord. No. 2003-1]
A.
No person shall feed or attract any wild or stray animal. The definition of "wild or stray animals" shall include but not be limited to the following: cats and dogs which are not housed within a residence within the Borough of East Rutherford; raccoons; skunks; groundhogs; pigeons; waterfowl and other birds. Wild or stray animals shall not include any animal licensed by the Borough of East Rutherford under Article XVII of the Sanitary Code. This section shall not apply to elevated bird feeder devices as set forth in Article XVII, § 396-188.2. This prohibition shall also apply to any conditions by which the feeding of animals creates a public health risk or unsanitary conditions.
[Added 4-3-2003 by Ord. No. 2003-1]
A.
Each property owner shall be permitted to have one
bird feeder or suet, but not both, to be located in the rear of the
property, behind the existing house or premises, no closer than 12
feet to any property line.
(1)
(2)
Suet. Suet is a formulation of animal fat and
other ingredients in cake or brick form. Suet shall be placed in either
a mesh bag or wire cage and suspended close to the trunk of a tree
between five and six feet from the ground.
B.
No bird seed or any form of bird food shall be thrown
or scattered on the ground of any property. No suet shall be smeared
on any tree. Seed shells or bird food dropped by birds or which otherwise
fall to the ground shall be removed so that no accumulation results.
[Added 6-23-2005 by Ord. No. 2005-1]
A.
No person or persons occupying a single dwelling unit
within the Borough of East Rutherford shall be allowed to permit the
harboring, either inside or outside of the dwelling unit, of more
than four cats and four dogs. However, on properties equal to or greater
than 10,000 square feet in area, exclusive of properties which contain
townhouses, condominiums, apartment complexes, cooperative units,
hotels, motels, and multifamily dwellings exceeding two dwelling units,
the number of allowable cats and dogs per dwelling unit upon said
property shall be increased to five cats and five dogs.
[Amended 11-1-2007 by Ord. No. 2007-4]
B.
The provisions of this section shall not supercede
any rule, regulation, code, lease provision, deed restriction or bylaw
setting a more restrictive limitation on the number of cats or dogs
harbored for each dwelling unit within the Borough which may be in
force by a landlord, condominium association, cooperative association,
or other property owner within the Borough.
C.
Any person who violates any provision of this section
shall, upon conviction thereof, be punished by a fine not exceeding
$500, to be determined by the presiding Judge of the Municipal Court
of East Rutherford, or his designee. A separate offense shall be deemed
committed on each day during or on which a violation occurs or continues.
Proof that the dog(s) and/or cat(s) in excess of the limitation set
herein have been permanently removed from the dwelling unit as of
the date of the court hearing shall be considered a mitigating factor
in the imposition of the fine as determined by the presiding judge
or his designee.
D.
Any person who violates any provision of this section
shall, upon conviction thereof, within 24 hours deliver all dogs and
cats in excess of the limitation set herein to the Bergen County Animal
Shelter and provide proof of such delivery to the Borough. Any person
so convicted shall pay any and all costs associated with the delivery
to and the sheltering of any and all dogs and cats in excess of the
limitation set herein, including but not limited to the cost of any
required vaccines or medications.
F.
In lieu of the requirements set forth in Subsection D above, a person so convicted shall within 24 hours of said conviction provide the Borough with a notarized statement from an individual not residing in the same dwelling unit as the convicted person confirming that said individual has adopted the dog(s) and/or cat(s) in excess of the limitation set herein; that the individual agrees to remain responsible for the care and feeding of the dog(s) and/or cat(s) in question; that the individual agrees to provide for the proper vaccinations of the dog(s) and/or cat(s) in question; and that the individual agrees to provide for the proper licnesing of the dog(s) in question.
G.
In the event that a person convicted of violating a provision of this section fails to take the measures outlined in Subsection D or F above, any officer or agent authorized or empowered to perform any duty under this article is hereby authorized to enter upon any premises in order to remove the dog(s) and/or cat(s) in excess of the limitation set herein.
H.
The Health Departments of the Borough, County of Bergen
and/or the State of New Jersey, the Chief of Police of the Borough
or any official Police Officer of the Borough are authorized to administer
the provisions of this section. The provisions of this section shall
be enforced by the Health Officer, or his designee, the Code Enforcement
Officer of the Borough, the Chief of Police of the Borough or any
official Police Officer of the Borough.
