[HISTORY: Adopted by the Borough Council of the Borough of Hillsdale
as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-27-1972 by Ord.
No. 72-9 as Ch. 4, Art. 1 of the Revised Ordinances of 1972]
[1]
Editor's Note: For municipal authority to regulate or restrict the
running at large of dogs, see N.J.S.A. 40:48-1. For state statutes relating
to licensing, tagging, impounding, destruction or disposal of dogs and licensing,
keeping and operating of kennels, pet shops and the like, see N.J.S.A. 4:19-15.1
et seq. License fees, registration tag fees and certain costs and expenses
incurred for the detention and maintenance of dogs, collected pursuant to
this Article, and fines are turned over and disposed of in accordance with
and as provided by law. See N.J.S.A. 4:19-15.11 and 4:19-15.20. See also Lamanna
v. Kennedy, 130 N.J.L. 223, 32 A. 2d 446 (Sup. Ct. 1943); Blakely
v. Moorestown, 3 N.J. Super. 518, 67 A. 2d 330 (Law Div. 1949).
As used in this Article, the following terms shall have the meanings
indicated:
Any dog which has attained the age of seven (7) months or which possesses
a set of permanent teeth.[1]
Any establishment wherein or whereon the business of boarding or
selling dogs or breeding dogs for sale is carried on, except a pet shop.
Every person having a right of property in such dog and every person
who harbors or has such dog in his or her keeping.
Any room or group of rooms, cage or exhibition pen, not part of a
kennel, wherein dogs for sale are kept or displayed.
[1]
Editor's Note: The definition of "Dog," which immediately preceded
this definition, was deleted 5-13-1997 by Ord. No. 97-8.
No person shall:
Any person who shall own, keep or harbor a dog of licensing age in the
Borough shall, in the month of January in each year, apply for and procure
from the Clerk of the Borough 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.
The owner of any newly-acquired dog of licensing age or of any dog which
attains licensing age shall apply for a license and registration tag for such
dog within ten (10) days after such acquisition or licensing 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 who shall keep the same or permit the same to be kept
within the Borough for a period of more than ninety (90) days shall immediately
apply for a license and registration tag for each such dog.
B.
Any person who shall bring or cause to be brought into
the Borough any unlicensed dog of licensing age and who shall keep the same
or permit the same to be kept within the Borough for a period of more than
ten (10) days shall immediately apply for a license and registration tag for
each such dog.
[Amended 11-22-1983 by Ord.
No. 83-19]
The application for a dog license and registration tag shall state:
A.
The breed, sex, age, color and markings of the dog for
which license and registration are sought.
B.
Whether the dog is of a long- or shorthaired variety.
C.
The name, telephone number, street and post office address
of the owner and of the person who shall keep or harbor such dog.
D.
Proof of rabies inoculation by licensed veterinarian.
E.
Proof of spaying or neutering by a licensed veterinarian.
The Clerk of the Borough shall:
A.
Issue each registration number in the order in which
the application is made.
B.
Preserve, for a period of three (3) years, the information
contained in the application and the registration number issued for the dog.
C.
Forward such information to the State Department of Health
each month on forms furnished by said Department.
Only one (1) license and registration tag shall be required in any licensing
year for any dog owned in New Jersey, and such license and tag issued by any
other municipality of this state shall be accepted by the Borough as evidence
of compliance with the provisions of this Article.[1]
[1]
Editor's Note: State law requires that the license in one (1) municipality
be accepted in other municipalities. See N.J.S.A. 4:19-15.3.
[Amended 9-13-1977 by Ord.
No. 77-12; 9-22-1981 by Ord.
No. 81-14; 11-22-1983 by Ord.
No. 83-19; 3-11-1986 by Ord.
No. 86-07; 7-9-1991 by Ord.
No. 91-13]
A.
As to dogs generally:
(1)
The person applying for the license and registration tag shall pay to the Clerk of the Borough of Hillsdale the fee as set forth in Chapter 138, Fees.
[Amended 5-13-1997 by Ord. No. 97-8]
(2)
For each annual renewal, the fee for the license and
registration tag shall be the same as for the original license and tag subject
to the foregoing fees being paid. Said licenses, registration tags, renewal
thereof shall expire on the last day of January of each year.
B.
As to Seeing Eye, hearing-ear and service dogs: Dogs
used as guides for blind persons commonly known as "Seeing Eye dogs," those
used for hearing-impaired persons, known as "Hearing-Ear dogs" and those used
by handicapped persons known as "Service dogs" shall be licensed and registered
as other dogs as hereinabove provided for in this Article, except that the
owner or keeper of such dogs shall not be required to pay any fee therefor.
C.
As to late charge: Should the applicant fail to apply for and procure a license in the month of January of each year, the applicant shall be charged as provided in Chapter 138, Fees, in addition to the fees set forth in § 96-9A. Said late charge shall be payable to the Clerk of the Borough.
[Amended 5-13-1997 by Ord. No. 97-8]
No person, except an officer in the performance of his or her duties,
shall remove a registration tag from the collar or harness 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.
A.
Any person who keeps, operates or establishes a kennel
or a pet shop in the Borough shall obtain from the Clerk of the Borough a
license entitling him or her to keep or operate such establishment.
B.
Such license shall not be transferable to another owner
or to different premises.
C.
Any person holding such license shall not be required
to secure individual licenses for dogs owned by such licensee and kept at
such establishments.
The application for a license to keep or operate a kennel or pet shop
shall:
A.
Describe the premises where the kennel or pet shop is
located or proposed to be located.
B.
Specify the purposes for which the establishment is to
be maintained.
C.
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 5-13-1997 by Ord. No. 97-8]
The annual license fee for a kennel is as provided in Chapter 138, Fees.
A.
All licenses issued for a kennel or pet shop shall state
the purpose for which the establishment is maintained.
B.
All such licenses shall expire on the last day of June
of each year.
[Amended 5-13-1997 by Ord. No. 97-8]
C.
All such licenses shall be subject to revocation by the
Borough Council on recommendation of the State Department of Health or the
Board of Health of the Borough for failure to comply with the rules and regulations
of the State Department or the Board of Health of the Borough governing the
same, after the owner has been afforded a hearing by either the State Department
or the Board of Health of the Borough.
The Clerk of the Borough shall forward to the State Department of Health
a list of all kennels and pet shops licensed, within thirty (30) days after
the licenses therefor are issued. This list shall include the names and addresses
of the licensees and the kinds of licenses issued.
No dog kept in a kennel or pet shop shall be permitted off such premises,
except on a leash or in a crate or other safe control.
[Amended 6-13-1978 by Ord.
No. 78-9]
No person owning, keeping, harboring or responsible for the control
of any dog shall suffer or permit it to run at large or to be:
A.
Upon any public street or sidewalk or in any public place
or in any public building within the Borough unless such dog is securely controlled
by an adequate leash not more than six (6) feet long held by a person able
to control said dog; or
B.
Upon the private property of another without the permission
of the owner or other person having dominion over said private property.
[Amended 4-12-1988 by Ord.
No. 88-9; 5-13-1997 by Ord. No. 97-8; 10-10-2006
by Ord. No. 06-10]
Purpose: A section to establish requirements for the proper disposal
of pet solid waste in the Borough of Hillsdale, so as to protect public health,
safety and welfare, and to prescribe penalties for failure to comply.
A.
IMMEDIATE
OWNER/KEEPER
PERSON
PET
PET SOLID WASTE
PROPER DISPOSAL
Definitions: For the purpose of this section, the following
terms, phrases, words and their derivations shall have the meanings stated
herein unless their use in the text of this chapter clearly demonstrates a
different meaning. When not inconsistent with the context, words used in the
present tense include the future, words used in the plural number include
the singular number, and words used in the singular number include the plural
number. The word "shall" is always mandatory and not merely directory.
That the pet solid waste is removed at once, without delay.
Any person who shall possess, maintain, house or harbor any pet or
otherwise have custody of any pet, whether or not the owner of such pet.
Any individual, corporation, company, partnership, firm, association,
or political subdivision of this state subject to municipal jurisdiction.
A domesticated animal (other than a disability assistance animal)
kept for amusement or companionship.
Waste matter expelled from the bowels of the pet; excrement.
Placement in a designated waste receptacle, or other suitable container,
and discarded in a refuse container which is regularly emptied by the municipality
or some other refuse collector; or disposal into a system designed to convey
domestic sewage for proper treatment and disposal.
B.
Requirement for disposal: All pet owners and keepers
are required to immediately and properly dispose of their pet's solid
waste deposited on any property, public or private, not owned or possessed
by that person.
C.
Exemptions: Any owner or keeper who requires the use
of a disability assistance animal shall be exempt from the provisions of this
section while such animal is being used for that purpose.
D.
Enforcement: The provisions of this section shall be
enforced by the Borough of Hillsdale Police Department and Board of Health.
E.
Violations and penalties: Any person(s) who is found
to be in violation of the provisions of this section shall be subject to a
fine not to exceed $2,000 or the maximum permitted by law.
No person shall keep, harbor or maintain any dog which habitually or
continuously barks, howls or cries.
No person owning, keeping or harboring a dog shall permit or suffer
it to do any injury, or to do any damage to any lawn, shrubbery, flowers,
grounds or property of another.[1]
[1]
Editor's Note: Original Sec. 4-21, When muzzle to be used, which immediately
followed this section, was deleted 5-13-1997 by Ord. No. 97-8.
No person shall hinder, molest or interfere with anyone authorized or
empowered to perform any duty under this Article.
[Amended 7-9-1991 by Ord.
No. 91-13]
A.
The Animal Control Officer appointed by the governing
body or any police officer shall seize and impound a dog when there is reasonable
cause to believe that the dog is vicious, potentially dangerous or shows signs
of rabies in accordance with the provisions of N.J.S.A. 4:19-17 through N.J.S.A.
4:19-37.
B.
N.J.S.A. 4:19-17 through N.J.S.A. 4:19-37, all amendments
and supplements thereto and rules and regulations promulgated pursuant to
the authority thereof, are incorporated herein and made a part hereof as though
set forth at length herein.
C.
A complete copy of the aforesaid legislation shall be
on file in the office of the Borough Clerk and will remain on file there for
the use and examination of the public.
[Amended 11-22-1983 by Ord.
No. 83-19; 5-13-1997 by Ord. No. 97-8]
The Chief Law Enforcement Officer or such official, police officer or
other person designated by the governing body shall annually cause a canvass
to be made of all dogs owned, kept or harbored within the limits of the Borough.
He or she shall report on or before September 1 of each year to the Borough
Clerk, to the Borough Board of Health and to the State Department of Health
the result thereof, setting forth in separate columns the names and addresses
of persons owning, keeping or harboring such dogs; the number of licensed
dogs owned, kept or harbored by each of said persons, together with the registration
numbers of each of said dogs; and the number of unlicensed dogs owned, kept
or harbored by each of said persons, together with a complete description
of each of said unlicensed dogs.
[Amended 7-9-1991 by Ord.
No. 91-13; 5-13-1997 by Ord. No. 97-8]
In accordance with the provisions of N.J.S.A. 4:19-17 through N.J.S.A.
4:19-37, it shall be the duty of the Animal Control Officer of the Borough,
the Chief Law Enforcement Officer, each police officer of the Borough and
the Municipal Health Officer and the Sanitary Inspector to assist in carrying
out the provisions of this Article and the provisions for the control of dogs
contained in N.J.S.A. 4:19-15.1 through N.J.S.A. 4:19-15.29 and N.J.S.A. 4:19-17
through N.J.S.A. 4:19-37, as amended and supplemented.
Any officer or agent authorized or empowered to perform any duty under
this Article is hereby authorized to go upon any premises to seize for impounding
any dog or dogs which he or she may lawfully seize and impound when such officer
is in immediate pursuit of such dog or dogs, except upon the premises of the
owner of the dog if said owner is present and forbids the same.
[Amended 7-9-1991 by Ord.
No. 91-13; 5-13-1997 by Ord. No. 97-8]
The Animal Control Officer, the Municipal Health Officer or the Sanitary
Inspector of the Borough shall be responsible for all dogs and other animals
impounded and taken into custody under the terms of this Article and statutes
incorporated herein, as amended and supplemented. The Animal Control Officer,
Municipal Health Officer or Sanitary Inspector of the Borough shall designate
the place where such dogs and animals are to be impounded or held in custody,
subject to the approval of the Mayor and Council.
A.
The Chief Law Enforcement Officer or any official, police
officer, or other person designated by the said Chief Animal Control Officer,
Municipal Health Officer or Sanitary Inspector shall take into custody or
impound or cause to be taken into custody and impounded and thereafter destroyed,
offered for adoption or disposed of as hereinafter provided in this section:
B.
If any dog so seized wears a collar or harness having
inscribed thereon or attached thereto the name and address of any person or
a registration tag, or if the owner or the person keeping or harboring said
dog is known, the Chief Law Enforcement Officer or anyone authorized by him
or her shall forthwith serve on the person whose address is given on the collar
or harness, or on the owner or the person keeping or harboring said dog, if
known, a notice, in writing, stating that the dog has been seized and will
be liable to be disposed of or destroyed if not claimed within seven (7) days
after the service of the notice.
C.
A notice under Subsection B of this section may be served either by delivering it to the person on whom it is to be served, or by leaving it at the person's usual or last known place of abode, or at the address given on the collar or by forwarding it by mail in a prepaid letter addressed to that person at his or her usual or last known place of abode or to the address given on the collar or harness.
D.
When any dog so seized has been detained for seven (7)
days after notice, when notice can be given as above set forth in this section
or has been detained for seven (7) days after seizure, when notice has not
been and cannot be given as above set forth in this section and if the owner
or person keeping or harboring said dog has not claimed said dog and paid
all expenses incurred by reason of its detention, including maintenance not
exceeding the maximum amount set by the Hillsdale Animal Control Service,
and if the dog be unlicensed at the time of the seizure and the owner or person
keeping or harboring said dog has not produced a license and registration
tag for said dog, the Animal Control officer may cause the dog to be destroyed
in a manner causing as little pain as possible.
E.
The Animal Control Officer shall immediately file, in
the office of the Borough Clerk, a written report of the disposal of such
dog.
A.
License fees and other moneys collected or received under
the provisions of this Article, except registration tag fees, shall be forwarded
to the Borough Chief Financial Officer within thirty (30) days after collection
or receipt and shall be placed in a special account separate from any of the
other accounts of the Borough. Such moneys shall be used for the following
purposes only: for collecting, keeping and disposing of dogs liable to seizure
under this Article; for local prevention and control of rabies; for providing
anti-rabic treatment under the direction of the Borough Board of Health for
any person known or suspected to have been exposed to rabies; for all other
purposes prescribed by the statutes of New Jersey governing the subject, and
for administering the provisions of this Article. Any unexpended balance remaining
in such special account shall be retained therein until the end of the third
fiscal year following and may be used for any of the purposes set forth in
this section. At the end of the said third fiscal year following, and at the
end of each fiscal year thereafter, 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 said special account during
the last two (2) fiscal years next preceding.
B.
The registration tag fee for each dog shall be forwarded
within thirty (30) days after collection by the Borough Clerk to the State
Department of Health.
[Amended 7-9-1991 by Ord.
No. 91-13; 5-13-1997 by Ord. No. 97-8]
Any person who violates or fails or refuses to comply this Article 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 within and from such establishments, shall, upon conviction thereof, be punishable as provided in Chapter 226, Penalties.
[Adopted 7-9-1991 as Ord.
No. 91-14 (Ch. 4, Art. 2, of the Revised Ordinances of 1972)]
As used in this Article, the following terms shall have the meanings
indicated:
Any person or agency designated or certified by the State of New
Jersey to enforce the provisions of this Article.[1]
Any room or group of rooms, cage or exhibition pen, not part of a
kennel, wherein cats for sale are kept or displayed.
[Amended 5-13-1997 by Ord. No. 97-8]
The agency or department of the Borough of Hillsdale or any designated
representative thereof charged with administering the issuance and/or revocation
of permits and licenses under the provisions of this Article.
When applied to the proprietorship of a cat, includes every person
having a right of property (or custody) in such cat and every person who has
such a cat in his or her keeping, or who harbors or maintains a cat or knowingly
permits a cat to remain on or about any premises occupied by that person.[2]
Rendered permanently incapable of reproduction as certified by a
licensed veterinarian.
[1]
Editor's Note: The definition of "Animal," which immediately preceded
this definition, and the definition of "Cat," which immediately followed this
definition, were deleted 5-13-1997 by Ord. No. 97-8.
[2]
Editor's Note: The definition of "Person," which immediately followed
this definition, was deleted 5-13-1997 by Ord.No. 97-8.
A.
No person shall own, keep, harbor or maintain any cat
over four (4) months of age, or younger if so prescribed by New Jersey State
Department of Health guidelines in a rabies emergency, within the Borough
of Hillsdale unless such cat is vaccinated and licensed. The provisions of
this section do not apply to cats held in a cat shelter 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.
[Amended 5-13-1997 by Ord. No. 97-8]
B.
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 Immunization" published by the National Association of State Public Health Veterinarians, except as provided for in Subsection D.
C.
Vaccination certificate: A certificate of vaccination,
on a form recommended by the state, shall be issued to the owner of each animal
vaccinated.
D.
Exemptions: Any cat may be exempt from the requirements
of such vaccination for a specified period of time by the Hillsdale Board
of Health, upon presentation of a veterinarian's certificate stating that,
because of an infirmity or other physical condition or regimen of therapy,
the inoculation of such cat shall be deemed inadvisable.
A.
Cats must have a license number displayed. Any person who shall own, keep or harbor a cat of the minimum age or older set forth in § 96-30A of this Article shall annually apply for and procure from the Clerk of the municipality, or other official designated by the governing body thereof to license cats in the municipality in which he or she resides, a license and official registration tag with license number for each cat so owned, kept, harbored and shall place upon such cat a collar or other device with the license number securely fastened or displayed thereto. Acceptable methods of displaying license number shall include but are not limited to breakaway or elastic collars. License tags are not transferable.
[Amended 5-13-1997 by Ord. No. 97-8]
B.
Time to apply for license. The owner of any newly acquired cat which is the minimum age set forth in § 96-30 of this Article or older shall make application for license tag for such cat within ten (10) days after such acquisition or age attainment. This requirement will not apply to a nonresident keeping a cat within the Borough of Hillsdale for no longer than ninety (90) days. A thirty-day period for licensing hereunder shall apply when a rabies emergency has been declared by New Jersey Department of Health.
[Amended 5-13-1997 by Ord. No. 97-8]
C.
Cats brought into jurisdiction. Any person who shall
bring or cause to be brought into the Borough of Hillsdale any cat licensed
in another state for the current year and bearing registration tag and shall
keep the same or permit the same to be kept within the Borough of Hillsdale
for a period of more than ninety (90) days shall immediately apply for a license
and registration tag for each such cat. A thirty-day period for licensing
hereunder shall apply when a rabies emergency has been declared by New Jersey
Department of Health.
[Amended 5-13-1997 by Ord. No. 97-8]
D.
Application, contents, preservations or information.
The application shall state the breed, sex, age, color and markings of the
cat for which license and registration are sought and whether it is of a long-
or shorthaired variety; also the name, street, post office address and telephone
number of the owner and the person who shall keep or harbor such a cat. The
information on said application and the registration number issued for the
cat shall be preserved for a period of three (3) years by the Clerk or other
local official designated to license cats in the municipality.
E.
License forms and tags. License forms and official tags
shall be furnished by the municipality and shall be numbered serially and
shall bear the year of issuance and the name of the municipality.
[Amended 5-13-1997 by Ord. No. 97-8]
F.
Evidence of inoculation with rabies vaccine or certification of exemption; requirement for license. No Municipal Clerk or other official designated by the governing body of any municipality to license cats therein shall grant any such license and official registration tag for any cat unless the owner thereof provides evidence that the cat to be licensed and registered has been inoculated with a rabies vaccine of a type approved by and administered in accordance with the recommendations of the United States Department of Agriculture and the United States Department of Human Services, current recommendations of the New Jersey State Department of Health or has been certified exempt as provided by § 96-30 of this Article II. The rabies inoculation shall be administered by a duly licensed veterinarian, or by such other veterinarian permitted by law to do so.
[Amended 5-13-1997 by Ord. No. 97-8]
G.
License fee schedule. Fees shall be as provided in Chapter 138, Fees.
[Amended 5-13-1997 by Ord. No. 97-8]
H.
Fees, renewals, expiration date of license.
(1)
Licenses from another municipality shall be accepted.
The person applying for the license and registration tag and/or sleeve shall
pay the fee fixed or authorized. The fee for the renewal of the license and
registration tag or sleeve shall be the same as for the original license,
registration tag or sleeve and renewal thereof shall expire on January 31
of the following year. Owners who have complied with the registration fee
provisions of this Article for 1991 shall be exempt from the Borough's 1992
registration fee requirements when reregistering their cat(s).
(2)
Only one (1) license and registration tag shall be required
in the licensing year for any cat in the Borough of Hillsdale. Any valid New
Jersey license tag issued by a New Jersey municipality shall be accepted by
this municipality as evidence of compliance, provided that proof of inoculation
of appropriate duration in accordance with the current recommendations of
the New Jersey Department of Health is presented.
[Amended 5-13-1997 by Ord. No. 97-8]
(3)
Should the applicant fail to apply for and procure a license in the month of January of each year, the applicant shall be charged a fee as provided in Chapter 138, Fees, in addition to the fees set forth in Subsection G. Said late charge shall be payable to the Clerk of the Borough.
[Amended 5-13-1997 by Ord. No. 97-8]
I.
Loss of license. Replacement of misplaced or lost license/issuance
of duplicate shall be free.
J.
Proof of licensing. Proof of licensing shall be produced
by any person owning, keeping, maintaining or harboring a cat upon the request
of any health official, police officer, Animal Control Officer, Sanitary Inspector
or other authorized person.
K.
Interfering with persons performing duties under this
Article. No person shall hinder, molest or interfere with anyone authorized
or empowered to perform any duty under this Article.
L.
Disposition of fees collected. License fees and other
moneys collected or received under the provisions of this Article shall be
forwarded to the Chief Financial Officer of the municipality and shall be
placed in a special account separate from any of the other accounts of the
municipality 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 anti-rabies treatment under the direction of
the local Board of Health for any person known or suspected to have been exposed
to rabies and for administering the provisions of this Article. Any unexpected
balance remaining in such special account shall be retained until the end
of the third fiscal year following and may be used for any of the purposes
set forth in this section. At the end of the said third year thereafter, there
shall be transferred from such special account to the general funds of the
municipality any amount then in such account which is in excess of the total
amount paid into the special account during the last two (2) fiscal years
next preceding.
[Amended 5-13-1997 by Ord. No. 97-8]
Any person who violates or fails or refuses to comply this article 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 within and from such establishments, shall be punishable as provided in Chapter 226, Penalties.
