[Adopted 11-16-1964 by Ord. No. 452 as
Ch. 9 of the 1964 Code]
[1]
Editor’s Note: The former title of this article, Dogs,
was changed 6-20-2017 by Ord. No. 1331-17.
For the purposes of this article, the following
words and phrases shall have the meanings respectively ascribed to
them by this section:
Any dog, bitch or spayed bitch.
Any dog which has attained the age of seven months or which
possesses a set of permanent teeth.
An animal that is not wild and is customarily maintained
as a pet.
[Added 6-20-2017 by Ord.
No. 1331-17]
Any establishment wherein or whereon the business of boarding
dogs is carried on, except a pet shop.
[Amended 6-20-2017 by Ord. No. 1331-17]
When applied to the proprietorship of a dog, such term shall
mean and include every person having a right of property in such dog
and every person who has such dog in his keeping.
Any room or group of rooms, cage or exhibition pen wherein
domestic animals for sale to the general public are kept or displayed.
[Amended 6-20-2017 by Ord. No. 1331-17]
An establishment for the confinement of dogs seized either
under the provisions of this article or otherwise.
An establishment where dogs are received, housed and distributed.[1]
[Amended 7-13-1999 by Ord. No. 1073-99]
[1]
Editor's Note: The definition of "vicious
dogs," which immediately followed this definition, was deleted 7-13-1999
by Ord. No. 1073-99.
[Amended 7-13-1999 by Ord. No. 1073-99]
The Council will provide for an Animal Control
Officer in accordance with N.J.S.A. 4:19-15.1.
No person shall keep or harbor any dog within
the Borough without registering and obtaining a license therefor,
to be issued by the Borough Clerk upon application by the owner and
payment of the prescribed fee, and no person shall keep or harbor
any dog in the Borough except in compliance with the provisions of
this article.
The application for a dog license and registration
shall state the breed, sex, age, color and markings of the dog for
which the license and registration are sought and whether it is of
a long- or short-haired variety; also, the name, street and post-office
address of the owner and the person who shall keep or harbor such
dog. The information on the application and the registration number
issued for the dog shall be preserved for a period of three years
by the Borough Clerk. In addition, the Borough Clerk 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 application.
Any person who shall own, keep or harbor a dog
of licensing age shall annually, in the month of January, 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 11-27-1979 by Ord. No. 658-79; amended 7-13-1999 by Ord. No. 1073-99]
[Amended 7-13-1999 by Ord. No. 1073-99]
Dogs used as guides for blind persons and commonly
known as "Seeing Eye" dogs, dogs used to assist deaf persons and known
as "hearing ear" dogs and dogs used to assist handicapped persons
and commonly known as "service dogs" shall be licensed and registered
as other dogs, except that the owners or keepers of such dogs shall
not be required to pay any fee therefor.
The owner of any newly acquired dog of licensing
age or of any dog which attains licensing age shall make application
for license and registration tag for each dog within 10 days after
such acquisition of age attainment.
A.Â
Any person who shall bring or cause to be brought into the Borough any dog licensed in another state for the current year, and bearing a registration tag, and shall keep the same or permit the same to be kept within the Borough for a period of more than 90 days shall immediately apply for a license and registration tag for each such dog, unless such dog is licensed under § 60-12.
B.Â
Any person who shall bring or cause to be brought into the Borough any unlicensed dog and shall keep the same or permit the same to be kept within the Borough for a period of more than 10 days shall immediately apply for a license and registration tag for each such dog, unless such dog is licensed under § 60-12.
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.
Any person who keeps or operates or proposes
to establish a kennel, a pet shop, a shelter or pound shall apply
to the Borough Clerk for a license entitling him to keep or operate
such establishment.
The application for a kennel, pet shop, shelter
or pound license shall describe the premises where the establishment
is located or is proposed to be located, the purpose for which it
is to be maintained and shall be accompanied by the written approval
of the Health Officer of the Borough, showing compliance with the
local and state rules and regulations governing location of and sanitation
at such establishments.
[Amended 7-13-1999 by Ord. No. 1073-99]
All licenses issued for a kennel, pet shop,
shelter or pound shall state the purpose for which the establishment
is maintained, and all such licenses shall expire on the last day
of June of each year.
Any person holding a license for a kennel, pet
shop, shelter or pound shall not be required to secure individual
licenses for dogs owned by such licensee and kept at such establishment.
Such license shall not be transferable to another owner or different
premises.
[Amended 7-13-1999 by Ord. No. 1073-99]
Kennel fees shall be as set forth in Chapter A270, Fees.
No dog kept in a kennel, pet shop, shelter or
pound shall be permitted off such premises except on a leash or a
crate or other safe control.
[Amended 7-13-1999 by Ord. No. 1073-99; 6-20-2017 by Ord. No. 1331-17]
No pet store, pet store operator, kennel or
kennel operator shall sell, offer for sale, barter, auction, breed
or otherwise improperly dispose of dogs of any breed in the Borough
of Caldwell. Despite the foregoing, nothing contained herein shall
prohibit a shelter, kennel, pound or other establishment from keeping,
displaying, selling or otherwise transferring any dog that has been
seized, rescued or donated. [1]
[1]
Editor's Note: Former Secs. 9-18, Certain
dogs to be impounded; 9-19, Notice to owners of impounded dogs; 9-20,
Pound and maintenance fees; redemption; destruction; 9-21, Invading
premises to seize dogs; and 9-22, Interference with officers, which
immediately followed this section, were deleted 7-13-1999 by Ord.
No. 1073-99.
[Amended 7-13-1999 by Ord. No. 1073-99]
Impoundment and disposition of impounded dogs
shall be as provided in N.J.S.A. 4:19-15.16 through 4:19-15.18.
[Amended 3-23-1993 by Ord. No. 951-93]
No person owning or having the care or custody
of a dog shall knowingly or negligently permit any dog to soil, defile,
defecate on or commit any nuisance upon any sidewalk or any public
street or other thoroughfare nor in or upon any public building or
any paved approach to such building from the street nor in or upon
any public park or public playground nor any place where people congregate
or walk or upon any public property whatsoever or upon any private
property without the permission of the owner of said property; nor
shall any person omit to do any reasonable and proper act nor admit
to take any reasonable and proper precaution to prevent any such dog
from committing a nuisance in, on or upon any of the places or premises
herein specified without having such feces immediately removed and
disposed of by the dog owner or caretaker or custodian by either wrapping
the feces in paper towel or newspaper, placing in a paper or plastic
bag and discarding in household garbage or litter basket or wrapping
feces in toilet tissues and flushing down a toilet, as recommended
by the local Board of Health and its duly authorized Health Officer.
No person owning, keeping or harboring a dog
shall permit or suffer it to do any injury or damage to any lawn,
shrubbery, flowers, grounds or property.
A.Â
No person owning, keeping or harboring any dog shall
suffer or permit it to run at large unless such dog is controlled
by an adequate leash not more than eight feet long, with the exception
of any dog covered under N.J.S.A. 23:4-25.
[Amended 7-13-1999 by Ord. No. 1073-99]
B.Â
The Borough Council may by resolution also designate
other times during which dogs off the premises of the owner or person
harboring any dog shall be muzzled and controlled by an adequate leash
not more than eight feet long, such designation to be by publication
in a newspaper, in which legal notices of the Borough may be published,
and after such publication, no person owning, keeping or harboring
a dog shall permit it upon any public street, public place or outside
the premises occupied by the owner unless such dog wears a muzzle
securely fastened over its jaws in such a manner that it cannot bite
and is controlled by an adequate leash not more than eight feet long.[1]
[1]
Editor's Note: Former Section 9-26, Vicious
Dogs, which immediately followed this section, was deleted 7-13-1999
by Ord. No. 1073-99. For provisions pertaining to vicious dogs, see
N.J.S.A. 4:19-17 et seq.
It shall be unlawful for any person to possess
or harbor upon his premises any dog which shall, by howling or barking,
make any disturbing noises in any neighborhood in the Borough.
[Amended 7-13-1999 by Ord. No. 1073-99; 10-14-2008 by Ord. No. 1187-08; 6-20-2017 by Ord. No.
1331-17]
A.Â
Subject
to the terms of N.J.S.A. 4:19-1 et seq, any person who violates, or
fails or refuses to comply with, any one or more provisions of this
article shall be subject to a fine of not more than $2,000 for each
separate offense, confinement in the Essex County Jail for a period
of not more than 90 days, or community service for a period of not
more than 90 days, or any combination of fine, imprisonment and/or
community service, as determined at the discretion of the Municipal
Court Judge. The continuation of such violation for each successive
day shall constitute a separate offense, and the person or persons
allowing or permitting the continuation of the violation may be subject
to penalties as provided herein for each separate offense.
B.Â
The violation
of any one or more provisions of this article shall be subject to
abatement summarily by a restraining order or by an injunction issued
by a court of competent jurisdiction.
