[HISTORY: Adopted by the Borough Council of the Borough of Wrightstown as indicated in article histories. Amendments noted where applicable.]
[Adopted by Ord. No. 1976-9 (Sec. 8-1 of the Revised General Ordinances); amended in its entirety by Ord. No. 1995-9]
As used in this article, the following terms shall have the meanings indicated.
- AND and OR
- May be used interchangeably, and either of the two may be applicable, whichever is more conducive towards the effectuating of this article.
- Any canine, including all males, bitches or spayed bitches.
- DOG OF LICENSING AGE
- Any dog which has attained the age of seven months or which possesses a set of permanent teeth.
- Any establishment where the business of boarding or selling dogs or breeding dogs for sale is carried on, except a pet shop.
- When applied to the proprietorship of a dog, shall mean and include every person having a right of property in such dog and every person who has such dog in his keeping.
- An individual, firm, partnership, corporation or association of persons.
- PET SHOP
- Any room or group of rooms, cage or exhibition pen, not part of a kennel, wherein animals are kept, displayed or sold.
- An establishment for the confinement of dogs seized either under the provisions of this article or otherwise.
- Any establishment where dogs are received, housed and distributed without charge.
- VICIOUS DOG
- Any dog which has been declared by a municipal judge to be a vicious dog which has attacked or bitten any human being or which habitually attacks other dogs or domestic animals.
No person shall keep or harbor any dog of licensing age within the borough without first obtaining a license therefor, to be issued by the Borough Clerk or other authorized persons, upon application by the owner and payment of the prescribed fee, and no person shall keep or harbor any dog within the borough except in compliance with the provisions of this article.
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 or other authorized person, a license and official 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 9-12-2000 by Ord. No. 2000-09; 5-9-2007 by Ord. No. 2007-03]
Persons applying for license in the Borough of Wrightstown shall be required to pay the following fees: $13.80 for a dog license, $1 for the registration tag fee and $0.20 for the pilot clinic fee for each dog and each annual renewal effective January 1, 2008, and thereafter. The Borough shall be required to forward the registration tag fee for each dog to the State of New Jersey in the manner described by statute. In addition, there is a state-imposed population control fee of $3 for nonneutered or nonspayed dogs. For each annual renewal, the fee for the license and for the registration tag shall be the same as the original license and tag. Said licenses and registration tags and renewals thereof shall expire the last day of January of each year. Persons applying for the renewal of a license and registration tag on or after the first day of February in any license year for any dog which is required to be licensed and registered under the provisions of this article and could have been licensed and registered thereunder during the month of January of the license year shall pay the additional sum of $2 for each month or part of month thereafter to defray the administrative cost incurred by the Borough as a result of late renewal.
Dogs used as guides for blind persons and commonly known as "Seeing Eye" dogs shall be licensed and registered as other dogs hereinbefore provided for, in accordance with the provisions of N.J.S.A. 4:19-15.3, and shall not be required to pay any municipal license 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 such dog within 10 days after such acquisition of age attainment.
The application for license and registration tag shall state the breed, sex, age, color and markings of the dog for which license and registration are sought, and shall further state whether the dog 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 contained in the application and the registration number issued for the dog shall be preserved for a period of three years by the Borough Clerk or other authorized person. In addition, the 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 applications.
No person shall keep or harbor any dog within the borough without first obtaining a rabies certificate from a licensed veterinarian in the State of New Jersey and without first obtaining a license therefor issued by the Borough Clerk or such other authorized person upon application by the owner and payment of the appropriate fee. No person shall keep or harbor any dog in said municipality except in compliance with the provisions of this article.
No license or official registration tag for any dog shall be issued unless the owner thereof provides evidence that the dog to be licensed and registered has been inoculated with 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 Health, Education and Welfare, or has been certified exempt as provided by regulations of the state intervals as provided by regulations of the State Department of Health. Such vaccination shall be repeated at intervals as provided by regulations of the State Department of Health and shall be administered by a duly licensed veterinarian.
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.
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.
No person, except an officer in the performance of his duties, may 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.
License fees and other moneys collected or received under the provisions of the chapter, except registration tag and pilot clinic fees, shall be forwarded to the treasurer of the borough within 30 days after collection or receipt.
The registration tag fee of $1 and pilot clinic fee for each dog shall forwarded within 30 days after collection by the Borough Clerk or other authorized person to the State Department of Health.
The Borough Council shall promptly after February 1 of each year cause an annual canvass to be made of all dogs owned, kept or harbored within the limits of the borough and shall report to the Clerk of the borough, the Board of Health of the borough, and to the State Department of Health the result thereof, setting forth in separate columns the names and addresses of person 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 owned, kept or harbored by each of the persons, together with a complete description of each of the unlicensed dogs.
The Borough Council shall have power to appoint an Animal Control Officer, whose duty shall be to enforce the provisions of this article. The Borough Council shall also have power to appoint one or more persons to be known as "dogcatchers," who may impound any dogs running at large in violation of the provisions of this article.
The Animal Control Officer or other duly appointed person of the borough shall take into custody and impound or cause to be taken into custody and impounded, and thereafter destroy or dispose of the dogs as provided in this section.
Any dog off the premises of the owner or of the person keeping or harboring the dog which the official or his agent or agents have reason to believe is a stray dog.
Any dog off the premises of the owner or of the person keeping or harboring the 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 the dog.
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 the owner or the person keeping or harboring the dog is known, the duly appointed person shall forthwith serve on the person whose address is given on the collar, or on the owner of the person keeping or harboring the 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.
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 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 so seized has been detained for seven days after notice, when notice can be given as 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 the dog has not claimed the dog and paid all expenses incurred by reason of its detention, including maintenance not exceeding $1 per day, and if the dog be unlicensed at the time of the seizure and the owner or person keeping or harboring the dog has not produced a license and registration tag for the dog, the Chief of Police or other duly appointed person may cause the dog to be destroyed in a manner causing as little pain as possible.
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 may lawfully seize or impound when such officer is in immediate pursuit of such dog or dogs, except upon the premises of the owner of the dog if the owner is present and forbids the same.
No persons shall hinder, molest or interfere with anyone authorized or empowered to perform any duty under this article.
No person shall keep, harbor or maintain any dog which habitually barks or cries between the hours of 10:00 p.m. and 6:00 a.m.
No person owning, keeping or harboring any dog shall suffer or permit it to run at large upon the public streets or in any public park or in any public building or in any other public place within the borough.
No person owning, keeping or harboring any dog shall suffer or permit it to be upon the public streets or in any of the public places of the borough unless such dog is accompanied by a person over the age of seven years and is securely confined and controlled by an adequate leash not more than six feet long.
The Borough Council may also designate any other times during which dogs outside the premises shall be muzzled, such designation to be by publication at least once 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 to run upon a public highway, public place or outside the premises occupied by the owner, during the period designated, unless such dog wears a muzzle securely fastened over its jaws in such a manner that it cannot bite.
No person owning, keeping or harboring a dog shall permit or suffer it to do any damage to any lawn, shrubbery, flowers, grounds or property.
[Amended 11-8-2007 by Ord. No. 2007-10]
No person owning, keeping, harboring or having the custody or possession of a vicious or potentially dangerous dog, as defined, whether registered or not, shall permit such dog to run at large in the Borough of Wrightstown or permit such dog to be in or upon any public street, avenue, road or highway or in or upon any public or quasi-public place unless such dog at such time shall be led by a chain, cord or other leash in the hands of a person capable of leading and controlling such dog or shall be securely confined in an automobile or other vehicle.
Any person who shall own, keep or harbor or have custody or possession of an uncontrolled, vicious or potentially dangerous dog, as defined, and who shall permit said dog to remain on his/her/its premises, but outside the confines of a closed structure thereon, must muzzle, legally fence in or securely leash or chain said dog in such a manner as to prevent said dog from attacking or biting a person on said premises.
No person, with the exception of duly appointed public officials or employees acting in their official capacity, shall own, keep, harbor or have custody or possession of any dog which has been or shall be intentionally trained to attack, injure, maim or kill any human being or domestic pet voluntarily or upon demand. Such dogs shall include, but not be limited to, so-called "sentry," "security," "warehouse" or "K-9" animals which are trained to attack humans or other animals.
[Added 11-8-2007 by Ord. No. 2007-10]
The Borough of Wrightstown does hereby incorporate N.J.S.A. 4:19-17 et seq. as applicable.
[Added 11-8-2007 by Ord. No. 2007-10]
The owner of a dog which is declared vicious or potentially dangerous shall be responsible for all actual costs and expenses in impounding and destroying the dog, convening the panel, notices and such other administrative functions as may be required to be provided by the Borough.
[Added 11-8-2007 by Ord. No. 2007-10]
The annual license fee for a potentially dangerous dog shall be the sum of $150.
[Added 11-8-2007 by Ord. No. 2007-10]
Said license shall provide for the issuance of a dog registration number and a red identification tag. The last three digits of the registration number shall be a three-digit number assigned to the Borough of Wrightstown pursuant to the regulations promulgated pursuant to N.J.S.A. 4:19-19 et seq.
[Added 11-8-2007 by Ord. No. 2007-10]
Except as otherwise provided by N.J.S.A. 4:19-15.1 et seq., any person violating any provisions of this article shall be, upon conviction, subject to a fine not exceeding $1,000, a jail term not to exceed 90 days or a period of community service not to exceed 90 days or any combination of said penalties or all of said penalties at the discretion of the court having jurisdiction over this matter.
It shall be the responsibility of the dog owner, or any person in charge of a dog, to immediately remove and properly dispose of dog feces while on public property within the Borough of Wrightstown.
[Adopted by Ord. No. 1987-3 (Sec. 8-2 of the Revised General Ordinances)]
Any person who keeps or operates or establishes a kennel, shelter, pet shop or pound within the Borough of Wrightstown shall apply to the Clerk of the borough for a license entitling him to keep or operate such establishment. The applicant shall be required to comply with all of the provisions of N.J.S.A. 4:19-15.8 et seq.
The applicant 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 will enclose a diagram indicating the site proposed to be utilized and the number of dogs that will be harbored or kept.
All licenses issued for a kennel, shelter, pet shop or pound for dogs shall expire on the last day of December of each year and shall further be subject to revocation by the Borough Council upon recommendations of the Board of Health or for failure to comply with any rules, regulations or requirements established by any state, county or local board or body. These licenses shall not be transferable to another owner of a different premises.
No license shall be issued by the borough unless it is satisfied that the operation of the facility will not interfere with the use and enjoyment of the surrounding property owners.
The operator/owner shall at all times maintain the premises in a neat and clean condition so that no obnoxious odors shall emanate from the premises. All other requirements relating to the barking of dogs shall apply to the operator/owner of the facility.
It shall be presumed that any person harboring, maintaining or keeping four or more dogs shall be presumed to be operating a facility subject to the requirements of this section. Any person may, however, apply to the Borough Council for an exemption from the requirements of this section upon showing to the satisfaction of the council that the dogs are not being harbored, maintained or kept for sale or other commercial purpose but are being maintained and kept solely for the personal pleasure of the owner. The sale of three or more dogs in the course of one calendar year shall be presumed, unless otherwise rebutted by the owner, to constitute the operation of a facility subject to the requirements of this section. Boarding of dogs for a fee shall subject the owner to the requirement of this section.
[Added by Ord. No. 1995-9]
The annual license fee for a kennel providing accommodations for 10 or fewer dogs shall be $50 and for more than 10 dogs $75. The annual license fee for a pet shop shall be $75. No fee shall be charged for a shelter or pound.
[Added by Ord. No. 1995-9]
The Clerk shall forward to the State Department of Health a list of all kennels, pet shops, shelters and pounds licensed within the borough. The list shall be forwarded within 30 days after the licenses are issued, and it shall include the names and addresses of the licensees and a designation of the types of licenses issued.