City of Hoboken, NJ
Hudson County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Hoboken 1-7-1959.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Horse flesh — See Ch. 118.
Noise control — See Ch. 133.
[1]
Editor's Note: The provisions of this chapter are derived from former Chapter 12 of the General Ordinances of the City of Hoboken, New Jersey, adopted 1-17-1959 by Ord. No. 123.

§ 93-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
AUTHORIZED AGENT
A Sanitary Inspector First Grade or a Public Health Nuisance Investigator of the Hoboken Board of Health.
[Added 5-15-1996 by Ord. No. R-186]
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.
GUIDE DOG
Any dog certified to serve and aid those members of our nation who suffer from a verified disability and are at the time serving or aiding a person with a verified disability.
[Added 10-18-2000 by Ord. No. R-463]
HEALTH OFFICER
The legally designated Health Officer of the City of Hoboken or his authorized representative.
[Added 5-15-1996 by Ord. No. R-186]
KENNEL
Any establishment wherein or whereon the business of boarding or selling dogs or breeding dogs for sale is carried on, except a pet shop.
LEGALLY EXISTING NONCONFORMING USE
Any pet shop wherein dogs or cats for sale are kept or displayed or any kennel where the business of boarding, selling or breeding dogs for sale is carried on or any pet shop operator in the City of Hoboken prior to the effective date of this amendment. A legally existing nonconforming use does not include any pet shop, pet shop operator or kennel whose license issued in accordance with § 93-7 is subsequently revoked.
[Added 5-1-2013 by Ord. No. Z-238]
OWNER (WHEN APPLIED TO THE PROPRIETORSHIP OF A DOG)
Includes every person having a right of property in such dog and every person who has such dog in his keeping.
PET GROOMING SHOP
Any room or group of rooms wherein dogs, cats or other animals are washed, cleaned or groomed.
[Added 9-7-1994 by Ord. No. R-73]
PET SHOP
Any room or group of rooms, cage or exhibition pen, not part of a kennel, wherein dogs, cats, birds, fish, reptiles, lawful wildlife, rodents or insects for sale are kept or displayed.
[Added 9-7-1994 by Ord. No. R-73]
PET SHOP OPERATOR
A person who owns and/or operates a pet shop.
[Added 5-1-2013 by Ord. No. Z-238]
POUND
An establishment for the confinement of dogs seized either under the provisions of this chapter or otherwise.
RULE or ORDER
Directive of the Health Officer.
[Added 5-15-1996 by Ord. No. R-186]
SHELTER
Any establishment where dogs are received, housed and distributed without charge.

§ 93-2 Licensing requirements.

[Amended 10-18-2000 by Ord. No. R-463]
A. 
It shall be a violation of this chapter for any person who:
(1) 
Owns, keeps or harbors any dog of licensing age within the City; and
(2) 
Fails to obtain, in the first instance for each registered dog, annually and thereafter for three-year periods for each registered dog, in the month of May, a licensing tag for each dog so owned, kept or harbored; and
[Amended 3-16-2016 by Ord. No. Z-406]
(3) 
Fails to securely place upon such dog a dog collar or harness with said licensing tag affixed thereto.
B. 
It shall be a violation of this chapter for the owner of any newly acquired dog of licensing age, or any dog which attains licensing age, to not make application for a licensing tag for such dog within 10 days after such dog becomes of licensing age.
C. 
Guide dogs shall be licensed and registered in accordance with this chapter; however, they shall not be subject to the fee provisions of § 93-3.

§ 93-3 License fees.

[Amended 9-21-1966 by Ord. No. 276; 5-15-1996 by Ord. No. R-186; 10-18-2000 by Ord. No. R-463; 3-17-2010 by Ord. No. Z-31]
A. 
Any person applying for the licensing tag pursuant to § 93-2, shall pay a fee of:
[Amended 3-16-2016 by Ord. No. Z-406]
(1) 
For each dog that is not spayed or neutered: $14 for an annual license, and $42 for a three-year license.
(2) 
For each dog that is spayed or neutered: $10 for an annual license, and $30 for a three-year license.
B. 
All licenses, licensing tags, and renewals shall expire on the last day of May in each year.
[Amended 3-16-2016 by Ord. No. Z-406]
C. 
The City shall assess a late fee of $10 for each dog license renewal application filed after the license has expired.

§ 93-4 Application procedures for licenses.

The application shall state the breed, sex, age, color and markings of the dog for which license and registration are sought and whether it is of a long- or short-haired variety, and 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 Board of Health, which shall forward similar information to the State Department of Health each month on forms furnished by the Department. Registration numbers shall be issued in the order of the application.

§ 93-5 Dogs brought into City.

A. 
Any person who shall bring or cause to be brought into the City 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 City for a period of 10 days shall, within five days after the expiration of the period, apply for a license and official metal registration tag, as described in § 93-2, for such dog, unless such dog is licensed under § 93-7.
[Amended 9-7-1994 by Ord. No. R-73]
B. 
Any person who shall bring or cause to be brought into the City any unlicensed dog and shall keep the same or permit the same to be kept within the City for a period of more than 10 days shall immediately apply for a license and registration tag for such dog, unless such dog is licensed under § 93-7.

§ 93-6 Removal of registration tag.

[Amended 5-15-1996 by Ord. No. R-186; 10-18-2000 by Ord. No. R-463]
It shall be a violation of this chapter for any person, except a police officer or an animal control officer within the performance of their duties, to:
A. 
Remove a registration tag from the collar or harness of any dog without the consent of the owner; or
B. 
Attach a metal registration tag to the collar or harness of a dog for which the licensing tag was not issued.

§ 93-7 Kennels, pet shops and pounds.

A. 
Any person who keeps or operates or proposes to establish a kennel, a pet shop, a shelter or a pound shall apply to the Board of Health for a license entitling him to keep or operate such establishment, on an application form furnished by the Clerk of the Board.
B. 
The application shall describe the premises where the establishment is located or is proposed to be located, the purpose or purposes for which it is to be maintained and shall show compliance with the local and state rules and regulations governing location and sanitation of such establishments.
C. 
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 January of each year and be subject to revocation on recommendation of the State Department of Health or the Board of Health for failure to comply with the rules and regulations of the State Department of Health or the Board of Health.
[Amended 5-15-1996 by Ord. No. R-186]
D. 
Any person holding such license shall not be required to secure individual licenses for dogs owned by such licensee and kept at such establishments. Such licenses shall not be transferable to another owner or different premises.
E. 
The annual license fee for a kennel providing accommodations for 10 or fewer dogs shall be $150, and for more than 10 dogs, $300. The annual license fee for a pet shop shall be $25. No fee shall be charged for a shelter or pound.
[Amended 5-15-1996 by Ord. No. R-186; 12-7-2005 by Ord. No. DR-218]
F. 
No dog kept in a kennel, pet shop, shelter or pound shall be permitted off such premises, except on a leash or in a crate or other safe control.

§ 93-8 Disposition of license fees.

A. 
All license fees and other moneys collected or received under the provisions of this chapter, except registration tag fees, shall be forwarded to the Treasurer of the City within 30 days after collection or receipt and shall be placed in a special account separate from any of the other accounts of the City and which shall be used for the following purposes only:
(1) 
Collecting, keeping and disposing of dogs liable to seizure under this chapter or under provisions of N.J.S.A. 4:19-15.2 to 19-17.29;
(2) 
Local prevention and control of rabies; and/or
(3) 
Providing antirabic treatment under the direction of the Board of Health for any person known or suspected to have been exposed to rabies.
[Amended 10-18-2000 by Ord. No. R-463]
B. 
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 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 City 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.
C. 
Portions of the tag fees for each dog shall be forwarded within 30 days after collection by the Board of Health of the City of Hoboken to the State Department of Health pursuant to the requirements of the law as follows: registration fee of $1; pilot clinic fund fee of $0.20; animal population control fee of $3 for any dog that is not spayed.
[Amended 9-21-1996 by Ord. No. 276; 5-15-1996 by Ord. No. R-186]

§ 93-9 Notice to State Department of Health.

The Board of Health shall forward to the State Department of Health a list of all kennels, pet shops, shelters and pounds licensed, 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.

§ 93-10 Dog census.

The Chief of Police shall annually cause a canvass to be made of all dogs owned, kept or harbored within the limits of the City and shall report to the 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 the persons, together with the registration numbers of each of the dogs, and the number of unlicensed dogs owned, kept or harbored by each of the persons, together with a complete description of each of the unlicensed dogs.

§ 93-11 Impounding of dogs and animals.

[Amended 9-7-1994 by Ord. No. R-73; 5-15-1996 by Ord. No. R-186; 10-18-2000 by Ord. No. R-463]
A. 
The Health Officer, his authorized agent or any police officer shall take into custody and impound, or cause to be taken into custody and impounded and thereafter destroyed or disposed of as provided in this chapter any of the following animals:
(1) 
Any animal either:
(a) 
Off the premises of the owner; or
(b) 
Off the premises of the person keeping or harboring the animal; and
(c) 
Which the Health Officer, his authorized agent, or any police officer have reason to believe is a stray animal;
(2) 
Any unlicensed dog unless exempted by any provision of this chapter;
(3) 
Any dog not controlled by an adequate leash, which shall not exceed more than six feet in length, by the owner or person in charge of said dog;
(4) 
Any animal being cruelly or inhumanely treated; or
(5) 
Any animal maintained or kept in an unsanitary condition or surrounding.
B. 
The Health Officer is hereby empowered to order the impoundment of any animal which in his discretion is a detriment or a menace to the inhabitants of this municipality or the general public.
C. 
Upon the impoundment of an animal, the Health Officer shall at the owner's request hold a hearing pursuant to § 93-24A to be convened within three business days from the date of the impoundment and thereupon make a determination pursuant to § 93-24B.

§ 93-12 Notice of impoundment.

A. 
If any dog seized as aforedescribed wears a collar or harness having inscribed thereon or attached thereto the name and address of any person, or having a registration tag, or if the owner or the person keeping or harboring the dog is otherwise known, the Board of Health shall forthwith serve on such person 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 days after the service of the notice.
B. 
A notice under 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 harness, or by forwarding it by United States Mail in a prepaid letter addressed to that person at his usual or last known place of abode, or to the address given on the collar or harness.
C. 
When any dog so seized has been retained for seven days after notice, when notice can be given as above set forth, or has been detained for seven days after seizure, when no notice can be given as above set forth, and the owner or person keeping or harboring the dog has not claimed the dog and paid all expenses incurred by reason of its detention, including maintenance, or if the dog is licensed at the time of the seizure and the owner or person keeping or harboring the dog has not procured a license and registration tag for the dog, the Board of Health may cause the dog to be destroyed in a manner causing it as little pain as possible.
[Amended 5-15-1996 by Ord. No. R-186]

§ 93-13 Right of entry for impoundment.

Any officer or agent authorized or empowered to perform any duty under this chapter is hereby authorized to go upon any premises to seize, for impounding, any dog which he may lawfully seize and impound when such officer or agent is in immediate pursuit of such dog, except upon the premises of the owner of the dog, if the owner is present and forbids the same.

§ 93-14 Interference with officer.

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

§ 93-15 Prohibited acts; exceptions. [1]

[Added 5-1-2013 by Ord. No. Z-238]
No pet shop or pet shop operator shall sell, offer for sale, barter, auction, breed or otherwise improperly dispose of cats or dogs, or both, in the City of Hoboken. This section shall not apply to legally existing nonconforming uses or to the adoption of cats or dogs, or both. Nothing contained herein shall prohibit a shelter, pound or other establishment from keeping, displaying, selling or otherwise transferring any cat or dog, or both, that has been seized, rescued or donated.
[1]
Editor's Note: Former § 93-15, Defecation and Urination, previously codified herein, was repealed by Ord. No. R-463.

§ 93-16 Deposits, droppings and fecal matter.

[Added 4-20-1983 by Ord. No. C-256; amended 9-21-1983 by Ord. No. C-263; 9-7-1994 by Ord. No. R-73; 10-18-2000 by Ord. No. R-463]
No person shall suffer or permit any animal which such person owns or controls to soil, urinate, defecate or deposit any droppings or fecal matter on any public sidewalk or area adjacent thereto, or upon any public grounds or parks, unless such person shall make a reasonable effort to clean such droppings, urination and fecal matter in good faith and within a reasonable time so as to prevent such soiling action, which soiling action is declared to be a public nuisance detrimental to public health. It shall not be deemed a violation of this section if the offense is committed by a Guide dog.

§ 93-17 Violations and penalties.

[Amended 9-7-1994 by Ord. No. R-73; 5-15-1996 by Ord. No. R-186; 10-18-2000 by Ord. No. R-463; 6-20-2007 by Ord. No. DR-318]
A. 
Any person who shall violate any provision of this chapter shall, upon conviction, be punished by:
(1) 
A fine of not more than $1,000, except with respect to a violation of § 93-16, which shall have a minimum fine of $100 and a maximum fine of $2,000; and/or
(2) 
Community service for a period not more than 90 days or imprisonment for a term not exceeding 90 days.
B. 
Each day's failure to comply with any provision, rule or order, except violations of § 93-16, shall constitute a separate and distinct offense.
C. 
Each violation of § 93-16, regardless of the number of violations in any given day, shall constitute a separate and distinct offense.
D. 
The names of those individuals convicted of violating § 93-16 shall be publicized by prominently placing their names, along with the date and location of the violation, and any other information deemed relevant by the City, on the website operated by the City of Hoboken, www.hobokennj.org, for a period of not less than two months following the date of conviction. This provision does not preclude the City from taking other steps as necessary to increase public awareness of violations of § 93-16.
E. 
Any person who is convicted of violating any provision of Chapter 93 of the Code of the City of Hoboken, within one year of the date of a previous violation of that same provision, and who was fined for the previous violation, shall be sentenced to an additional fine as a repeat offender. The additional fine imposed by the court upon a person for a repeated offense shall not be less than the minimum nor shall it exceed the maximum fine fixed for a violation of the chapter, but shall be calculated separately from the fine imposed for the violation of the chapter, as provided for by N.J.S.A. 40:69A-29.
F. 
The violation of one or more provisions of § 93-15 shall be subject to abatement summarily by a restraining order or by an injunction issued by a court of competent jurisdiction.
[Added 5-1-2013 by Ord. No. Z-238]

§ 93-18 Enforcement.

[Amended 10-4-1989 by Ord. No. P-74; 9-7-1994 by Ord. No. R-73]
Any public health official, sanitation official, parks or recreation employee or police officer is hereby authorized to enforce sections of this chapter except those which require the action of the Health Officer.

§ 93-19 Disturbing the peace.

[Added 9-7-1994 by Ord. No. R-73; amended 5-15-1996 by Ord. No. R-186]
No person shall own, keep or maintain any dog which habitually barks or cries. The habitual barking or crying of any dog or pet shall be deemed a nuisance.

§ 93-20 Leashing of dogs.

[Added 9-7-1994 by Ord. No. R-73; amended 5-15-1996 by Ord. No. R-186; 10-18-2000 by Ord. No. R-463; 12-6-2000 by Ord. No. R-469]
A. 
No person owning, keeping or harboring a dog shall suffer or permit it to be upon the sidewalk, public streets, City parks, walkways, public building or public place, within the City of Hoboken, unless the dog is accompanied by its owner or keeper and is safely confined and controlled by an adequate leash not more than six feet long, except if the dog is in a City dog run.
B. 
Dogs shall be permitted only upon the paved areas of the Designated Waterfront Walkway, so long as the dog is safely confined and controlled by an adequate leash of no more than six feet long. No dog shall be permitted on any grass, gravel or other unpaved area of the Designated Waterfront Walkway.
C. 
No violation of this section shall exist for any Guide dog.

§ 93-21 Property damage.

[Added 9-7-1994 by Ord. No. R-73]
No person owning, keeping or harboring a dog shall permit or suffer it to do any injury or to do any damage to any property, public or private, including any lawn, shrubbery or flowers.

§ 93-22 Dogs in public parks or public playgrounds.

[Added 9-7-1994 by Ord. No. R-73; amended 5-15-1996 by Ord. No. R-186]
No dogs or other animals, leashed or unleashed, are permitted in any public park or playground except for the bringing of said dog directly to and directly from a City dog run, without diversion, in any public park.

§ 93-23 Orders and rules.

[Added 9-7-1994 by Ord. No. R-73]
The Health Officer is hereby empowered to promulgate orders or rules for the purposes of ensuring the health and well-being of the inhabitants of the City of Hoboken under this chapter.

§ 93-24 Hearing.

[Added 9-7-1994 by Ord. No. R-73; amended 5-15-1996 by Ord. No. R-186]
A. 
Any person affected by any rule or order which has been issued in connection with the enforcement of any provision of this chapter, or of any rule or regulation adopted thereto, may request and shall be granted a hearing on the matters before the Health Officer, provided that such person shall file in the office of the Health Officer a written petition requesting and setting forth a brief statement of the grounds therefor within 10 days after the day that notice was served. Upon receipt of such petition, the Health Officer shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn. The hearing shall be commenced not later than 10 days after the day on which the petition was filed, provided that, upon application of the petitioner, the Health Officer may postpone the date of hearing for reasonable time beyond such ten-day period, if in his judgement the petitioner has submitted a good reason for such postponement.
B. 
After such hearing, the Health Officer shall sustain, modify or withdraw the order or rule depending upon his findings as to whether the provision of this chapter and of the rules, orders and regulations adopted pursuant thereto have been complied with.

§ 93-25 Rules, orders and promulgation.

[Added 5-15-1996 by Ord. No. R-186]
The Health Officer is hereby empowered to promulgate rules or orders to prevent what is or what may become injurious, a detriment, a menace, a nuisance, an annoyance, or anything that interferes with the comfort, repose, health or general well being of the inhabitants of this municipality or general public. Such rule or order shall be effective immediately and shall supersede any permit, rule or agreement both public or private. Any person or agency whether public or private who received such order shall comply with all aspects of said order or rule immediately. Any person who neglects or refuses to abide by said rule or order of the Health Officer shall face penalties pursuant to § 93-17 of this chapter.

§ 93-26 Separability.

[Added 5-15-1996 by Ord. No. R-186]
In the event that any section, subsection or any part of this code shall be declared invalid, such decision shall not be deemed to affect the validity of any other section, subsection, or other part of this code.

§ 93-27 Inconsistent revisions repealed.

[Added 5-15-1996 by Ord. No. R-186]
All ordinance codes or parts of same inconsistent with any provisions of this ordinance are hereby repealed to the extent of such inconsistency.