[HISTORY: Adopted by the Mayor and Council of the Borough of Kenilworth 11-26-1974 by Ord. No. 74-14. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- AT LARGE
- Refers to a dog off the premises of the person owning or keeping or harboring it and not securely fastened to a tether, leash, cord or chain or the like, not to exceed six feet in length, held by its owner or other person who is reasonably calculated to have the strength and agility to exercise control over the dog's activities.
- Any male or female 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.
- DOG WARDEN
- The Union County Society for the Prevention of Cruelty to Animals, its agents, or employees.
- When applied to the proprietorship of a dog shall include every person having a right of property in such dog and every person who harbors or has such dog in his keeping.
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 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.
The owner of any newly acquired dog of licensing age or of a dog which attains licensing age shall apply for a license and registration tag for such dog within 10 days after such acquisition or licensing age attainment.
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 90 days shall immediately apply for a license and registration tag for each such dog.
Any person who shall bring or cause to be brought into the Borough any unlicensed dog of licensing age and shall cause 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.
Only one license and registration tag shall be required in any licensing year for any dog owned in New Jersey, and a license and tag issued by any other municipality of this state shall be accepted by the Borough as evidence of compliance with this chapter.
The person applying for a license and registration tag shall pay to the Borough Clerk a fee as provided in Chapter 91, Fees, for the licensing of each dog and the additional sum fixed by state law for the registration tag of each dog; and for each annual renewal, the fee for the license and for the registration tag shall be the same as for the original license and tag. Said license, registration tags and renewals thereof shall expire on the last day of January in each year.
[Amended 9-11-1979 by Ord. No. 79-19]
Dogs used as guides for blind persons and commonly known as "Seeing Eye dogs" shall be licensed and registered as other dogs as hereinabove provided for, except that the owner or keeper of such dog shall not be required to pay any fee therefor.
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.
No person owning, keeping, harboring or in control of any licensed or unlicensed dog shall suffer or permit such dog to run at large upon any public street, public park, public building or other public place within the Borough or on private property of another without the permission of the owner of said property.
[Added 11-9-1977 by Ord. No. 77-26]
Except for licensed kennels, pet shops, pounds and shelters, no person shall harbor more than three dogs within any one household; provided, however, that this prohibition shall not apply to a newborn litter until members of the litter attain six months of age. A person who is the head of a household within which a dog is harbored shall be presumed to be a person harboring a dog.
No person shall permit any dog in his care or under his control, whether or not on a tether, leash, cord or chain or the like, to go upon the lawn, yard or entrance walk or driveway of any private residence without the permission of the owner or tenant thereof.
No person owning, keeping or harboring any dog shall suffer or permit it to be upon the public streets or in any public place of the Borough unless such dog is accompanied by a person reasonably calculated to have the strength and agility to exercise control over the dog's activities and is securely confined and controlled by an adequate leash not more than six feet long.
No person shall hinder, molest or interfere with anyone authorized or empowered to perform any duty under this chapter.
No person shall keep, harbor or maintain any dog which habitually barks, howls, whines or cries between the hours of 12:00 midnight and 7:00 a.m. or which, by frequent barking, howling, whining or crying, disturbs the peace, comfort or quiet of the neighborhood, thereby creating or maintaining a nuisance.
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.
[Amended 11-9-1977 by Ord. No. 77-26; 5-24-2006 by Ord. No. 2006-11]
Purpose. The purpose of this section is to establish requirements for the proper disposal of pet solid waste in the Borough of Kenilworth so as to protect public health, safety and welfare, and to prescribe penalties for failure to comply.
Definitions and word usage. 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 section 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.
- 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.
- PET SOLID WASTE
- Waste matter expelled from the bowels of the pet; excrement.
- PROPER DISPOSAL
- 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.
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.
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.
Enforcement. The provisions of this section shall be enforced by the Police Department, Board of Health and code enforcement officers of the Borough of Kenilworth.
Violations and penalties. Any person violating this section shall be subject to a fine of up to $500.
Any dog which has attacked or bitten any human being or which habitually attacks other dogs or domestic animals is hereby defined to be a vicious dog for the purposes of this section.
It shall be the duty of the Chief of Police or Acting Chief to receive and to cause to be investigated complaints against dogs. When any dog complained against shall be deemed by the Chief of Police or Acting Chief to be a vicious dog as herein defined, he shall report the facts to the Municipal Judge, who shall thereupon cause the owner or person harboring such dog to be notified in writing of the complaint against such dog and to appear before said Judge at a stated time and place. The 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.
If the Judge shall decide, in accordance with the evidence before him, that such dog complained of is a vicious dog as defined by this section, notice of such decision shall be given to the owner or person harboring such dog. Thereafter, no such dog, determined as aforesaid to be a vicious dog, shall be permitted to run at large or be upon any street or public place in the Borough except while securely muzzled and under a leash, as provided in § 83-11 hereof. The owner or person harboring any such vicious dog who shall suffer or permit such dog to run at large or be upon any street or public place in the Borough while not securely muzzled and under leash shall be guilty of a violation of this chapter.
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 or dogs which he 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.
The Dog Warden, if appointed, or Chief of Police, pursuant to ordinance, shall have the duty of enforcing the provisions of this chapter and the statutory provisions of N.J.S.A. 4:19-15.1 et seq.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
The Chief of Police, with the cooperation, aid and assistance of the Dog Warden, if any, or such other personnel as may be appointed for the purpose by the Council, shall make the annual canvass of all dogs in the Borough and make reports thereof.
It shall be the duty of the Dog Warden or Chief of Police to take into custody and impound, or cause to be taken into custody and impounded, and taken to suitable places determined by the Borough the following:
Any dog off the premises of the owner or of the person keeping or harboring said dog which the Dog Warden or his agents have reason to believe is a stray dog.
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.
Any female dog in season off the premises of the owner or of the person keeping or harboring said dog.
If any dog, seized as provided in § 83-20, 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 otherwise known, the Dog Warden shall forthwith serve or cause to be served on the person whose address is given on the collar, 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 days after the service of the notice.
The notice referred to in Subsection A 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 post 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.
When any dog seized in accordance with § 83-20 has been detained for seven days after notice, when notice can be given as above set forth, or has been detained for seven days after seizure, when notice has not been and cannot be given as above set forth, 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, and if the dog is unlicensed at the time of the seizure and the person keeping or harboring said dog has not produced a license and registration tag for said dog, the Dog Warden may cause the dog to be destroyed in a manner causing as little pain as possible. Any redemption of a dog pursuant to the provisions of this section shall not be deemed to discharge or release the owner thereof from the penalties prescribed in § 83-22 hereof for any violation of this chapter.
The preceding requirements of Subsections A, B and C of this section shall not be deemed applicable when any dog seized and impounded pursuant to § 83-20, whether licensed or unlicensed, is, or appears to be, suffering from rabies or is immediately dangerous to the public or has been so badly injured that it cannot be moved or helped by a veterinarian's care. In such case, the Dog Warden or a member of the police force may forthwith cause said dog to be destroyed.
[Amended 11-9-1977 by Ord. No. 77-26; 9-11-1979 by Ord. No. 79-19; 12-9-2009 by Ord. No. 2009-24]
Any person who violates or fails or refuses to comply with § 75-2, 75-3, 75-4, 75-5, 75-6, 75-8, 75-10, 83-2, 83-3, 83-4, 83-7, or 83-12 or with the rules and regulations promulgated by the State Department of Health or the Borough of Kenilworth Health Department 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 liable to the assessment of a penalty as follows:
Said penalties are to be recovered by and in the name of the Borough. A person who refuses or neglects to pay forthwith the amount of a judgment rendered against him and the costs and charges incident thereto shall be committed by the judge for a period not exceeding 10 days in the case of a first conviction and in the case of a second, subsequent or continuing violation for a term not exceeding 30 days but not less than two days.