As used in this chapter, the following terms
shall have the meanings indicated:
CAT
Any member of the domestic feline species or altered.
[Added 6-24-1992]
CATTERY
Any room or group of rooms, cage or exhibition pen, not part
of a kennel, wherein cats for sale are kept or displayed.
[Added 6-24-1992]
GROOMING PARLOR
Any place or vehicle where animals are groomed, clipped,
bathed or otherwise conditioned as pets and/or for show in exchange
for a fee.
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.
NEUTERED
Rendered permanently incapable of reproduction as certified
by a licensed veterinarian.
[Added 6-24-1992]
OWNER
When applied to the proprietorship of an animal, includes
any person, persons, partnership or corporation harboring, keeping,
owning or having any right of property in an animal or animals within
the Borough of Hopatcong.
PET SHOP
Any room or group of rooms or cage or exhibition pen, not
part of a kennel, wherein animals for sale are kept or displayed.
POUND
An establishment for the confinement of animals seized either
under the provisions of this act or otherwise.
SHELTER
Any establishment where animals are received, housed or distributed
without charge.
VICIOUS DOG
Includes any dog which at any time has attacked or shall
attack a human being or another dog or other domestic pets, either
while upon or off the premises occupied by the person owning, keeping,
harboring or having the custody or possession of the attacking dog.
"Vicious dog" shall also mean and include any dog which has caused
any human being engaged in a lawful activity or occupancy to be fearful
for his own safety by chasing or snapping at such person.
[Amended 4-24-1985]
The Borough Health Officer shall be designated
by the Board of Health, with the consent of the Mayor and Council,
as the Animal Registrar for the purpose of issuing licenses and maintaining
records of the animals within the Borough.
The application shall state the breed, sex,
age, color, name and markings of the dog for which a license and registration
are sought and whether it is a long- or short-haired variety and also
the name, street and office address of the owner and the person harboring
such dog. Proof of rabies vaccination is required before a license
can be issued.
[Amended 3-22-1989; 7-28-1993; 4-27-1994; 3-24-2004 by Ord. No. 11-2004; 2-27-2008 by Ord. No. 3-2008; 2-25-2009 by Ord. No.
4-2009; 12-18-2013 by Ord. No. 33-2013; 3-2-2016 by Ord. No. 1-2016; 7-6-2016 by Ord. No. 2-2016; 12-18-2019 by Ord. No. 1-2019]
The following fees shall be charged by the Board
of Health in its enforcement of the provisions of this chapter:
A. Issuance of a dog license and any renewal thereof shall be $11 for a dog that is spayed or neutered and $14 for a dog that is not spayed or neutered. It shall be the obligation of the applicant for a dog license or renewal of a dog license to provide proof to the Board of Health (e.g., original certificate from a veterinarian) that the dog has been spayed or neutered. One dollar of such fee shall be forwarded to the New Jersey Department of Health as required by state law. If the New Jersey Department of Health increases its charge, then the foregoing fees shall be deemed automatically increased with the increase in such state charge. No fee shall be required for Seeing Eye dogs as provided for in §
248-4F of this chapter. All applications made after June 30 for a license renewal will be subject to a late penalty fee of $5 per month.
B. A pickup fee of $30, plus all other applicable fees, for each single
pickup on regularly scheduled workdays (Mondays through Fridays) during
normal business hours (9:00 a.m. - 4:30 p.m.). A pickup fee of $50,
plus all other applicable fees, for each single pickup on nonscheduled
workdays (Saturdays, Sundays and legal holidays) and during nonbusiness
hours (4:31 p.m. - 8:59 a.m.).
C. A boarding fee for any animal picked up pursuant to §
248-11 or §
248-18.
Service
|
Boarding Fee Per Calendar Day
|
---|
Boarding of cat
|
$20
|
Boarding of dog
|
$25
|
Quarantine of cat
|
$40
|
Quarantine of dog
|
$50
|
D. The Board of Health shall not dispose of any owned animals. Disposal
for such animals shall be the responsibility of the pet's owner and
veterinarian. The disposal fee for cats will be $50 and for dogs it
will be $100.
E. An impound fee for animals that are quarantined or animals that are found to be "vicious" or "potentially dangerous," pursuant to N.J.S.A. 4:19-19 and §
248-18 of the Code. The fee shall be $20 per animal, per calendar day or any part of a calendar day, plus boarding fees and any other applicable fees provided for in the Code.
F. Hopatcong Pound fees.
(1) Fees.
(c)
Adoption of all other small animals: $50.
(2) Adoption fees shall be waived for any Borough resident honorably
discharged from active wartime service in the United States Armed
Forces upon proof of veteran status.
[Amended 10-26-2005 by Ord. No. 34-2005]
A. Any person who keeps, operates or proposes to establish
a kennel, pet shop, grooming parlor, shelter or pound shall apply
to the Borough Clerk for a license for such establishment. All such
licenses shall expire on January 31 of each year, shall not be transferred
to another person or premises and shall be subject to revocation after
notice and hearing before the State Department of Health or the Borough
Board of Health for failure to comply with rules and regulations of
said State Department of Health or Borough Board of Health. The Clerk
shall forward a list of all such establishments to the State Department
of Health within 30 days after issuance. The prospective licensee
of such an establishment shall file with the Clerk an application
which shall describe the premises where the establishment is to be
maintained and the purpose for which it is to be maintained. The application
shall be accompanied by the written approval of the Borough Health
Department, showing compliance with state and local health regulations
regarding location, construction and sanitation of such establishment.
B. Dog kennels, pet shops, shelters, pounds and grooming parlors may be located in the Borough where permitted by Chapter
242, Zoning, of the Code of the Borough of Hopatcong.
C. The annual license fee for a kennel having accommodations
for 10 or fewer dogs shall be $25, and for kennels having accommodations
for more than 10 dogs, the annual fee shall be $50.
D. No fee shall be charged for a shelter or pound license.
E. The annual license fee for a pet shop shall be $50.
F. The licensing fee for grooming parlors shall be $25
annually.
[Amended 9-26-1984; 4-24-1985; 6-24-1992]
A. The Board of Health shall have the power to appoint:
(1) An Animal Control Officer, whose duties shall be to
enforce the provisions of this chapter.
(2) One or more persons to be known as "Assistant Animal
Control Officers," who shall impound animals in violation of this
chapter.
B. Nothing contained in this section shall be construed
as limiting the authority of the Health Officer or Chief of Police
or members of the Police Department to enforce the provisions of this
chapter when in the interest of health and safety they deem it necessary.
C. The Animal Control Officer or any Assistant Animal
Control Officers appointed under this chapter shall report to and
be under the direct supervision of the Health Officer of the Borough
of Hopatcong. The Animal Control Officer, through the Health Officer,
shall ensure that the Board of Health is regularly informed of his
activities.
D. It shall be the duty of the Animal Control Officer
to patrol the streets, capturing and impounding stray animals, domesticated
wild game, birds and unlicensed dogs; to care for and feed animals
in the public pound; to observe the physical condition and behavior
and to use nets, traps or a tranquilizer gun for the capture of strayed
domesticated pets; to capture rabid animals, observe their physical
condition, destroy them and take the head to the State Health Clinic
for analysis; to handle complaints that relate to animals and issue
summonses for violations of local or state animal control ordinances;
to clean and maintain the public pound; to keep necessary records
and files; to remove dead animals from the streets and public ways
of the Borough of Hopatcong.
E. The Animal Control Officer may employ a veterinarian
whenever he deems it necessary in order to properly care for and maintain
an injured or sick animal. When a veterinarian fee has been paid or
incurred for the care or treatment of any animal, such animal shall
not thereafter be redeemed without payment by the owner of such fee,
in addition to any and all other fees, so as to reimburse the Borough
for its cost for veterinarian service for such animal.
[Amended 6-24-1992]
The Chief of Police of the Borough or the appointed
Animal Control Officer or such person designated by resolution of
the Board of Health shall cause a canvass to be made of all dogs owned,
kept or harbored within the limits of the Borough and shall, on or
before May 1 of each year, make reports to the Borough Clerk, the
Board of Health and the State Department of Health of the result thereof,
setting forth in separate columns:
A. The names and address of persons owning, keeping or
harboring such dogs.
B. The number of licensed dogs owned, kept or harbored
by each of said persons, with the registration numbers of each of
said dogs.
[Amended 6-24-1992]
The Animal Control Officer, or any other person
authorized or employed by the Borough for that purpose, shall take
into custody and impound or cause to be taken into custody and impound
the following:
A. Any dog off the premises of the owner or of the person
keeping or harboring said animal, which said official or his agent
or agents has reason to believe is a stray dog.
B. 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.
C. Any female dog in season unleashed off the premises
of the owner or of the person keeping or harboring said dog.
D. Any dog running at large in violation of §
248-16.
E. Any cat in violation of §
248-21 of this chapter, for which a valid complaint has been signed.
[Amended 3-26-2003 by Ord. No. 4-2003]
A. If any dog or cat seized as provided in §
248-11 wears a collar or harness having inscribed thereto the name and address of any person, or a license tag, or if the owner or the person keeping or harboring said dog or cat is otherwise known, the Animal Control Officer or any person authorized by him in that behalf shall return to the person whose address is given on the collar, or on the owner or on the keeper or harborer of said dog or cat, if known, the dog or cat that has been seized. Offenders may be served with a summons at the discretion of the Animal Control Officer.
B. When any dog or cat seized in accordance with §
248-11 has been detained for 30 days after seizure, and if the owner or person keeping or harboring said dog or cat is not known and has not claimed said dog or cat, the Animal Control Officer or any person authorized by the Board of Health to do so may cause the dog or cat to be destroyed in a manner causing as little pain as possible. Any dog or cat held by the Borough of Hopatcong may be placed for adoption after the seven-day retention period required by law. Any dog or cat may be held longer than 30 days at the discretion of the Animal Control Officer or the Health Officer. Dogs and cats will be destroyed only as a last resort when adoption is severely limited due to life-threatening illness or severe aggressive patterns.
Any person or agent authorized to 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 or cat or
cats which he may lawfully seize and impound when he is in immediate
pursuit of such dog or dogs or cat or cats, except upon the premises
of the owner of the dog or cat if said owner is present and forbids
the same.
No person shall hinder, molest or interfere
with anyone empowered to perform any duty under this chapter.
[Amended 6-24-1992; 10-11-2000 by Ord. No. 22-2000; 3-28-2007 by Ord. No. 1-2007]
A. Any dog or cat which has attacked or bitten any human
being or which habitually attacks other dogs or cats or domestic animals
is hereby presumed to be a vicious dog or cat for the purposes of
this section, until further determination of facts are made as hereinafter
provided.
B. It shall be the duty of the Animal Control Officer,
the Chief of Police or any person authorized by him, or the Board
of Health, to receive and investigate complaints against dogs or cats,
and when any dog or cat complained against shall be deemed by a veterinarian
and a certified animal behaviorist to be a vicious dog or cat, as
herein defined, said officer shall file a complaint in the Municipal
Court of the Borough, which shall thereupon cause the owner or persons
harboring such dog or cat to be notified in writing of the complaint
and to appear before said Municipal Court Judge at a stated time and
place. Pending the disposition of said complaints, the Animal Control
Officer or Chief of Police or such other authorized person may order
the dog or cat muzzled and leashed while being walked and at all other
times confined.
C. The Municipal Court Judge, at the time set for such
hearing, shall inquire into the facts and give all interested persons
an opportunity to be heard, under oath, and to be represented by counsel,
and if the Municipal Court Judge, based upon the veterinarian and
certified animal behaviorist's determination, shall decide that such
dog or cat complained of is a vicious dog or cat, as defined by this
section, notice of such decision shall be given to the owner or person
harboring such dog or cat.
D. No dog or cat which has been so deemed to be a vicious
dog or cat shall be permitted to run at large or be upon any street
or public place in the Borough, except while securely muzzled and
under leash, and the owner or person harboring any such vicious dog
or cat who shall suffer or permit such dog or cat to be upon any street,
public place or private property in the Borough, other than the property
of the owner or person harboring such dog or cat, while not securely
muzzled and under leash, shall be guilty of a violation of this chapter.
E. The Municipal Court shall declare a dog to be vicious
if it finds by clear and convincing evidence that the dog:
(1) Caused bodily injury to a person during an unprovoked
attack or poses a serious threat of bodily injury or death to a person;
(2) Has killed or caused serious bodily injury to another
domestic animal; and:
(a)
Poses a threat of serious bodily injury to another
domestic animal; or
(b)
Poses a threat of death to another domestic
animal; or
(3) Has been trained, tormented, badgered, baited or encouraged
to engage in unprovoked attacks upon persons or domestic animals.
F. A dog shall not be declared vicious for:
(1) Causing bodily injury to a person if the dog was provoked;
or
(2) Killing or injuring a domestic animal if the domestic
animal was the aggressor.
G. If the Municipal Court declares the dog to be vicious pursuant to Subsection
E above, it shall issue an order and a schedule for compliance which, in part, may require the owner to comply with one or more of the fallowing conditions:
(1) To apply, at his own expense, to the licensing official
or other official designated to license dogs pursuant to § 2
of P.L. 1941, c. 151 (N.J.S.A. 4:19-15.2) for a special municipal
vicious dog license, municipal registration number and red identification
tag issued pursuant to N.J.S.A. 4:19-30. The owner shall, at his own
expense, have the registration number tattooed upon the dog in a prominent
location. A vicious dog shall be impounded until the owner obtains
a municipal vicious dog license, municipal registration number and
red identification tag.
(2) To display in a conspicuous manner a sign on his premises warning that a vicious dog is on the premises. The sign shall be visible and legible from 50 feet of the enclosure, pursuant to Subsection
G(3) of this section.
(3) If the vicious dog is kept outside, the owner is to
immediately erect and maintain an enclosure for a vicious dog on the
property where the vicious dog will be kept and maintained, which
has sound sides, top and bottom to prevent the vicious dog from escaping
by climbing, jumping or digging and is within a fence of at least
six feet in height separated by at least three feet from the confined
area. The owner of a vicious dog shall securely lock the enclosure
to prevent the entry of the general public and to preclude any release
or escape of a vicious dog by an unknowing child or other person.
All vicious 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 minimum tensile strength
sufficiently in excess of that required to restrict the vicious dog's
movements to a radius of no more than three feet from the owner and
under the direct supervision of the owner.
(4) The municipality may require liability insurance in
an amount determined by the Municipal 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 requiring
the municipality in which the owner resides to be named as an additional
insured for the sole purpose of being notified by the insurance company
of any cancellation, termination or expiration of the liability insurance
policy.
H. The owner of the dog or the Animal Control Officer
in the municipality in which the dog was impounded may appeal any
final decision, order or judgment, including any conditions attached
thereto, of a Municipal Court pursuant to P.L. 1989, c. 307 (N.J.S.A.
4:19-17 et seq.) by filing an appeal with the Superior Court, Law
Division, in accordance with the Rules Governing the Courts of the
State of New Jersey pertaining to appeals from courts of limited jurisdiction.
The Superior Court shall hear the appeal by conducting a hearing de
novo in the manner established by those rules for appeals from courts
of limited jurisdiction.
The owner of any dog or cat or other animal that has bitten or caused injury to any person or otherwise violated the provisions of this chapter shall be issued a summons under this section. Each occurrence shall be deemed a separate violation for each animal, and each different incident and shall not be considered as the same offense for any other section therein. Upon the evidence presented and after an examination by a licensed veterinarian, if the Municipal Court Judge or other Judge authorized by law shall deem it necessary for the safety of the public, he may order the animal destroyed or order muzzling and/or confinement and impose a penalty as set forth in §
248-23.
The Borough Clerk shall forward to the State
Department of Health a list of all kennels, pet shops, shelters or
pounds licensed by the Borough 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.
[Amended 12-16-1998 by Ord. No. 36-98; 7-6-2016 by Ord. No.
2-2016]
A. Any person who violates or fails to or refuses to comply with the
provisions of this chapter 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 to prevent the spread of rabies and other diseases of
dogs and cats within and from such establishments shall be liable
on each offense to a penalty of not more than $500 or a term of incarceration
of not more than 30 days, or both, to be recovered by and in the name
of the Borough in the Municipal Court.
B. The penalties imposed by the Municipal Court against a resident or
owner of an animal found to be in violation of this chapter shall
include, where applicable, all veterinary costs incurred by the Borough
for any injury or disease caused by the animal; all costs and expenses
incurred by the Borough for the emergency care and treatment of the
animal; all costs and expenses incurred by the Borough of Hopatcong
Animal Pound that were caused by the animal; and such other costs,
expenses and fees expended by the Borough and Borough Animal Pound
in connection with the enforcement of this chapter.
In the event that the applicable State of New
Jersey authorities increase the authorized licensing and registration
fees herein or the state's charges in conjunction with same, then
the license and registration fees set forth in this chapter shall
automatically be amended to reflect such increase.
[Added 7-6-2016 by Ord.
No. 2-2016]
A. Trapping domestic animals is prohibited within the Borough except
by an authorized agent of the Borough who shall only use proper trapping
devices which have been inspected and provided by the Borough for
such purposes. Personal trapping equipment and other handmade trapping
devices are strictly prohibited.
B. Any person violating the provisions of this section shall be subject
to the following penalties:
(4) Fourth or subsequent offense: $150 plus mandatory reporting to the
American Society for the Prevention of Cruelty to Animals.