Borough of Hopatcong, NJ Animals

Fees.

Adoption of cat: $125.

Adoption of dog: $200.

(c)

Adoption of all other small animals: $50.

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.

§ 248-7 License tag.

The Animal Registrar shall upon issuing the license, as herein provided, at the same time issue to the applicant a license tag of metal or other suitable material.

Said license tag shall have printed or stamped: "Licensed Borough of Hopatcong," the current year and a distinctive different number for each animal. A careful record of each such number shall be maintained by the Animal Registrar, particularly for identifying lost, strayed or impounded animals.

Upon satisfactory proof to the Animal Registrar that a license tag has been lost, worn or damaged beyond further use or cannot be found, the Animal Registrar shall issue to the same applicant, upon receipt of a fee of $1, a new tag but of a different number, and notation of the transaction shall also be made on the office file for the number originally issued.

Every owner shall ensure that any dog owned by such owner wears its license tag at all times.

§ 248-8 Dog kennels, pet shops, shelters, pounds and grooming parlors.

[Amended 10-26-2005 by Ord. No. 34-2005]

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.

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.

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.

No fee shall be charged for a shelter or pound license.

The annual license fee for a pet shop shall be $50.

The licensing fee for grooming parlors shall be $25 annually.

§ 248-9 Animal Control Officer; appointment, powers and duties.

[Amended 9-26-1984; 4-24-1985; 6-24-1992]

The Board of Health shall have the power to appoint:

An Animal Control Officer, whose duties shall be to enforce the provisions of this chapter.

One or more persons to be known as "Assistant Animal Control Officers," who shall impound animals in violation of this chapter.

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.

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.

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.

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.

§ 248-10 Annual canvass of dogs; report.

[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:

The names and address of persons owning, keeping or harboring such dogs.

The number of licensed dogs owned, kept or harbored by each of said persons, with the registration numbers of each of said dogs.

§ 248-11 Seizure and impounding.

[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:

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.

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.

Any female dog in season unleashed off the premises of the owner or of the person keeping or harboring said dog.

Any dog running at large in violation of § 248-16.

Any cat in violation of § 248-21 of this chapter, for which a valid complaint has been signed.

§ 248-12 Redemption of seized animals; notice; destruction of unclaimed animals.

[Amended 3-26-2003 by Ord. No. 4-2003]

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.

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.

§ 248-13 Right of entry.

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.

§ 248-14 Interference with enforcement prohibited.

No person shall hinder, molest or interfere with anyone empowered to perform any duty under this chapter.

§ 248-15 General control regulations.

No person shall keep or harbor any dog or cat in the Borough except in compliance with the provisions of this chapter.

No person owning or having the care, custody or control of any dog shall suffer or permit such dog to soil or defile any public park, playground or other public place or public property of persons other than the owner or person having the care, custody or control of such dog.

No person owning or having the care, custody or control of any dog or cat shall suffer or permit such dog or cat to:

Soil or defile or do any injury or damage to any lawn, vegetable garden, shrubbery, trees, flowers, driveway, ground or any property of persons other than that of the owner or persons having the care, custody or control of such dog or cat.

Cause any injury to any person.

Bark, cry, whine, howl or otherwise disturb the peace or quiet of the neighborhood or sleep of any person for any unreasonable length of time.

Be or become a public nuisance or to create a condition hazardous to safety and health.

The habitual barking, howling, whining or crying of a dog or dogs or the howling of a cat or cats in the Borough of Hopatcong is hereby declared to be a disturbing noise, within the meaning of N.J.S.A. 40:48-1, Subsection 8, and a nuisance.

§ 248-16 Dogs at large.

No person owning, keeping, harboring or having the care, custody or control of any dog shall suffer or permit it to be at large. "At large" is hereby defined as upon a public street or in any public place of the Borough and not under the control of the owner or other person having possession of the dog, either by leash, cord or chain, not exceeding six feet and of sufficient strength to restrain the animal; or upon private property of one other than the owner or person having possession of the dog, without the consent of the private property owner or his authorized representative. This shall not apply to hunting dogs while they are in the woods and fields of the Borough and are under the dominion and control of a licensed hunter during hunting season unless the dogs are on private property without the consent of the private property owner or his authorized representative.

[Amended 9-26-1984]

No person owning or having charge, care, custody or control of any female dog in season shall permit such dog to run loose, whether on private or public property. Any such dog in season shall be confined in a building or secure enclosure in such manner that such female dog cannot come into contact with another animal, except for planned breeding.

§ 248-17 Cruelty to animals prohibited.

No person shall be cruel or inhumane to an animal, said cruelty and inhumanity consisting of beating, torturing, mutilating, cruelly killing or clearly failing to provide food, drink or shelter or abandoning any animal of which he has charge, either as owner or otherwise, under penalty of a fine of $250 and six months' imprisonment.

No person owning, keeping, harboring or having the care, custody or control of any dog or cat shall abandon such animal under penalty of a fine of $250 and six months' imprisonment.

§ 248-18 Vicious dogs or cats.

[Amended 6-24-1992; 10-11-2000 by Ord. No. 22-2000; 3-28-2007 by Ord. No. 1-2007]

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.

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.

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.

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.

The Municipal Court shall declare a dog to be vicious if it finds by clear and convincing evidence that the dog:

Caused bodily injury to a person during an unprovoked attack or poses a serious threat of bodily injury or death to a person;

Has killed or caused serious bodily injury to another domestic animal; and:

Poses a threat of serious bodily injury to another domestic animal; or

Poses a threat of death to another domestic animal; or

Has been trained, tormented, badgered, baited or encouraged to engage in unprovoked attacks upon persons or domestic animals.

A dog shall not be declared vicious for:

Causing bodily injury to a person if the dog was provoked; or

Killing or injuring a domestic animal if the domestic animal was the aggressor.

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:

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.

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.

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.

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.

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.

§ 248-19 Rabies control.

Whenever a dog, cat or other animal is affected by rabies or suspected of being affected by rabies or has been bitten by an animal known or suspected to be affected by rabies, the owner or person in charge of the animal or any person having knowledge thereof shall forthwith notify the local board having jurisdiction of the place where the animal is located. The notification shall be in writing, signed by the person making the same and shall state where the animal may be found.

Every person owning, possessing or harboring a dog which has bitten anyone shall confine the animal at the expense of the owner or person in charge of it upon the premises of the owner or person in charge or at some other place designated by the Animal Control Officer or Pound Master immediately upon receiving knowledge of the bite or notice of the same from any physician, Animal Control Officer, police officer or other duly constituted representative of the Borough of Hopatcong requiring such owner or person harboring or possessing such dog to confine the same as herein provided for a rabies quarantine examination. Said dog shall be confined for at least 10 days from the first rabies examination and may be released from quarantine only by the consent of the proper authorities.

[Amended 6-24-1992]

Such dog shall be quarantined for a period of 10 days and shall not be disposed of or permitted to leave the premises of the owner or other persons possessing or harboring such dog or other designated place of quarantine within the said ten-day period without the written approval of the Dog Warden or his duly authorized agent, and then only after such dog shall have been examined by the Health Officers of the Borough of Hopatcong.

§ 248-20 Violations.

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.

§ 248-21 Licensing and control of cats.

[Amended 6-24-1992]

Licensing; fees.

[Amended 7-28-1993; 8-18-1999 by Ord. No. 21-99; 10-26-2005 by Ord. No. 36-2005; 2-27-2008 by Ord. No. 4-2008; 2-25-2009 by Ord. No. 3-2009[1]]

No person shall own, keep, harbor or maintain any cat over seven months of age within the Borough of Hopatcong unless such cat is vaccinated and licensed. The provisions of this section shall not apply to cats held in a cattery or those held by a state or federal licensed research facility or a veterinary establishment where cats are received or kept for diagnostic, medical, surgical or other treatments or licensed animal shelters, pounds, kennels or pet shops.

The Borough of Hopatcong Animal Registrar may issue an animal license tag to any owner of a cat, not otherwise required to be licensed under this chapter, who voluntarily wishes to register the animal with the Borough.

License application.

Any person who shall own, keep or harbor a cat of licensing age shall annually, in the month of June, obtain a license and official metal registration tag for each such cat.

Time for applying for license. The owner of a newly acquired cat of licensing age or of any cat which attains licensing age after June of any calendar year shall make application for a license tag for such cat within 10 days after such acquisition or age attainment. This requirement shall not apply to a nonresident keeping a cat within the Borough of Hopatcong for no longer than 90 days.

Issuance of license; disposition of fees.

Issuance of a cat license and any renewal thereof shall be $11 for spayed or neutered and $13 for nonspayed or neutered.

Disposition of fees collected. License fees and other monies collected or received under the provisions of this section shall be forwarded to the Treasurer of the Borough and shall be placed in a special account, separated from any other accounts of the Borough, and shall be used for the following purposes only: collecting, keeping and disposing of cats liable to seizure; for local prevention and control of rabies: providing antirabies treatment under the direction of the local Board of Health for any person known or suspected of being exposed to rabies; and for administering the provisions of this section. Any unexpected balance remaining in such special account shall be retained until the end of the third fiscal year following the fiscal year in which said funds were collected and may be used for any of the purposes set forth in this section. At the end of the third fiscal year following the fiscal year in which the funds were collected, there shall be transferred from such special account to the general funds of the Borough any amount then in such account which is in excess of the total amount paid into the special account during the last two fiscal years next preceding the year of transfer.

[1]

Editor's Note: This ordinance provided that it shall take effect 6-1-2009.

Vaccination.

All cats shall be vaccinated against rabies by a licensed veterinarian in accordance with the latest Compendium of Animal Rabies Vaccines and Recommendations for Immunizations, published by the National Association of State Public Health Veterinarians.

Vaccination certificate. A certificate of vaccination shall be issued to the owner of each animal vaccinated on a form recommended by the state.

The owners of all cats are encouraged to attempt to require the cat to wear either a registration tag or some other form of identification.

Cats in season. Cat owners are encouraged to confine all female cats in season in a building or an enclosed area in such a manner as to prevent such female cat from coming in contact with another animal except for planned breeding.

Regulation. The provisions of §§ 248-15C(2), (3) and (4) and 248-18 of this chapter are made applicable to all cats. The Animal Control Officer shall not seize or impound any cat under § 248-15C(2), (3) or (4) of this chapter unless and until a complaint has been signed and submitted to the Health Department by the complaining party.

§ 248-22 Information to State Department of Health.

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.

§ 248-23 Penalties.

[Amended 12-16-1998 by Ord. No. 36-98; 7-6-2016 by Ord. No. 2-2016]

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.

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.

§ 248-24 Keeping and housing of wild or farm animals.

Definitions:

Class I. An animal in Class I within the meaning of this § 248-24 is a lion, tiger, primate, bear or any other animal of large size, such as a crocodile, alligator or any poisonous or dangerous mammal or dangerous reptile, except animals included in other class definitions.

Class II. An animal of Class II within the meaning of this § 248-24 is a horse or any other animal belonging to the biological order of Perissodactyla.

Class III. An animal of Class III within the meaning of this § 248-24 is a cow, sheep, pig (not including potbellied pigs which are exclusively raised and kept inside a residential home as a domestic pet), goat or any other animal commonly referred to as "livestock."

[Amended 10-22-1997 by Board of Health Ord. No. 36-97; 2-1-2017 by Ord. No. 1-2017]

Class IV. Fowl of Class IV within the meaning of this § 248-24 are any feathered vertebrate animals, including but not limited to chickens, turkeys, hens, cocks, pheasants or any other animal commonly referred to as "barnyard fowl."

Class I animals prohibited. The keeping and housing of any animals of Class I within the Borough of Hopatcong is prohibited, except for the keeping of those animals used for educational or research purposes by a recognized community institution of learning or research.

Class II, III and IV animals restricted. The keeping or housing of any animals of Class II, III and IV within the Borough of Hopatcong is permitted only in the R-3 Zone if all stables, buildings or enclosures are regularly cleaned of all manure, garbage and waste materials and if the manure, feculent matter and waste removed from the premises are treated in such a way as to prevent odor and the attraction of rodents or insects and if all of the above stables, buildings or enclosures are sprayed weekly or as often as is necessary with an insecticide which is designated and intended to kill flies, insects and rodents.

[Amended 9-26-1984]

The following provisions apply to animals, other than dogs and cats that are commonly kept and maintained as "household pets":

[Amended 2-1-2017 by Ord. No. 1-2017]

All animals commonly kept in a cage in a residence, such as gerbils, hamsters, guinea pigs, canaries, turtles, rabbits, parakeets and similar animals, are excluded from regulation by this chapter. Owners of these animals shall abide by all applicable state laws and regulations pertaining to said animals.