Borough of Caldwell, NJ
Essex County
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Table of Contents
Table of Contents
[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:
DOG
Any dog, bitch or spayed bitch.
DOG OF LICENSING AGE
Any dog which has attained the age of seven months or which possesses a set of permanent teeth.
DOMESTIC ANIMALS
An animal that is not wild and is customarily maintained as a pet.
[Added 6-20-2017 by Ord. No. 1331-17]
KENNEL
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]
OWNER
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.
PET SHOP
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]
POUND
An establishment for the confinement of dogs seized either under the provisions of this article or otherwise.
SHELTER
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]
A. 
License fees shall be as set forth in Chapter A270, Fees.
B. 
All one-year licenses shall expire 12 months from January 31 of the year in which such license is issued, and all three-year licenses shall expire 36 months from January 31 of the year in which such license is issued.
[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. 
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. 
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. 
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. 
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. 
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. 
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.