[HISTORY: Adopted by the Board of Health
of the Borough of Hopatcong 10-27-1982. Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Any member of the domestic feline species or altered.
[Added 6-24-1992]
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]
Any place or vehicle where animals are groomed, clipped,
bathed or otherwise conditioned as pets and/or for show in exchange
for a fee.
Any establishment wherein or whereon the business of boarding
or selling dogs or breeding dogs for sale is carried on, except a
pet shop.
Rendered permanently incapable of reproduction as certified
by a licensed veterinarian.
[Added 6-24-1992]
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.
Any room or group of rooms or cage or exhibition pen, not
part of a kennel, wherein animals for sale are kept or displayed.
An establishment for the confinement of animals seized either
under the provisions of this act or otherwise.
Any establishment where animals are received, housed or distributed
without charge.
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.
A.
It shall be unlawful for any person to own, as defined,
a dog in the Borough of Hopatcong without having obtained a license
for it in compliance with the provisions set forth in this chapter.
B.
A license shall be required for any dog which has
attained the age of seven months or which possesses a set of permanent
teeth.
[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.
A.
Any person who owns a dog that has reached the licensing
age shall annually in the month of January obtain a license and official
metal registration tag for each dog.
[Amended 7-28-1993; 3-15-2023 by Ord. No. 3-2023]
B.
The owner of a newly acquired dog of licensing age
or of any dog which attains licensing age shall make application for
the license and registration tag for such dog within 10 days after
such acquisition or age attainment.
C.
Any person who brings or causes to be brought into
the Borough any dog licensed in another state with proof of current
rabies tag for the current year and bearing a registration tag for
such dog and who shall keep the same or permit the dog to be kept
within the Borough for a period of more than 90 days shall immediately
upon the conclusion of said ninety-day period apply for a license
and registration tag for such dog.
D.
Any person bringing or causing to be brought into
the Borough any unlicensed dog and who shall permit the dog to remain
in the Borough for a period of more than 10 days shall immediately
apply for a license and registration tag for such dog upon conclusion
of said ten-day period.
E.
Any person who brings or causes to be brought into
the Borough any dog licensed in the State of New Jersey for the current
year and who shall keep the same or permit the dog to be kept within
the Borough for a period of more than 90 days shall immediately upon
the conclusion of such ninety-day period advise, in writing, the licensing
authorities of the Borough of the existence of the dog and the particulars
respecting its licensing and registration. Such person shall not be
required to relicense or reregister such dog until the current license
and registration expires.
F.
Dogs used as guide dogs for blind persons and commonly
known as "Seeing Eye dogs" shall be licensed and registered as other
dogs as provided in this chapter, except that the owner, as defined
herein, shall not be required to pay any fee therefor.
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.).
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.
A.
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.
B.
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.
C.
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.
D.
Every owner shall ensure that any dog owned by such
owner wears its license tag at all times.
[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]
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:
[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.
[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.
A.
No person shall keep or harbor any dog or cat in the
Borough except in compliance with the provisions of this chapter.
B.
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.
C.
No person owning or having the care, custody or control
of any dog or cat shall suffer or permit such dog or cat to:
(1)
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.
(2)
Cause any injury to any person.
(3)
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.
(4)
Be or become a public nuisance or to create a condition
hazardous to safety and health.
D.
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.
A.
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]
B.
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.
A.
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.
B.
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.
[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:
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.
A.
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.
B.
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]
C.
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.
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.
[Amended 6-24-1992]
A.
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]]
(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.
(2)
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.
(3)
License
application.
(a)
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.
(b)
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.
(4)
Issuance
of license; disposition of fees.
(a)
Issuance of a cat license and any renewal thereof shall be $11 for
spayed or neutered and $13 for nonspayed or neutered.
(b)
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.
B.
Vaccination.
(1)
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.
(2)
Vaccination certificate. A certificate of vaccination
shall be issued to the owner of each animal vaccinated on a form recommended
by the state.
C.
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.
D.
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.
E.
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.
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.
A.
Definitions:
(1)
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.
(2)
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.
(3)
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]
B.
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.
C.
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]
D.
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]
(1)
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.
(2)
A person may maintain not more than two potbellied pigs inside a
residential home as domestic pets. All of the provisions of this chapter
applicable to dogs concerning licensing, tags, vaccination, running
at large, and impoundment shall be applicable to potbellied pigs maintained
as domestic pets within the Borough.
E.
Any and all animals defined in this section must be
kept healthy and free from sickness and disease at all times. Should
the Animal Control Officer or Health Officer question the health of
any animal, he shall have the authority to require an examination
by a doctor of veterinary medicine.
[Amended 6-24-1992]
F.
Any person failing to comply with or violating any
provision of this section shall, upon conviction thereof, forfeit
and pay a penalty of not less than $10 and not more than $250 in the
discretion of the court or Magistrate before whom such hearing shall
be heard and conviction be obtained and as provided by law.
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.