[Adopted 12-7-1971 by Ord. No. 1909 (Ch. 6 of the 1978 Revised
General Ordinances)]
As used in this article, the following terms shall have the
meanings indicated:
Any dog which has attained the age of seven months or which
possesses a set of permanent teeth.
Any establishment wherein or whereon the business of boarding
or selling dogs or breeding dogs for sale is carried on, except a
pet shop.[1]
When applied to the proprietorship of a dog, means and includes
every person having a right of property in such dog and every person
who has such dog in his keeping.
Any place of business which is not part of a kennel, wherein
animals, including, but not limited to, dogs, cats, birds, fish, reptiles,
rabbits, hamsters or gerbils, are kept or displayed chiefly for the
purpose of sale to individuals for personal appreciation and companionship
rather than for business or research purposes.[2]
Any 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.
Any dog which has been declared vicious and menacing by the
health or police authorities by written notice sent to the owner of
said dog.
A.Â
Any person who shall own, keep, or harbor a dog of licensing age
shall, in the month of January of each year, apply for and procure
from the City Clerk or other official designated by the Council, 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.
B.Â
No license and official metal registration tag for any dog shall
be granted unless the owner thereof provides evidence that such dog
has been inoculated with a rabies vaccine in accord with N.J.S.A.
4:19-15.2a (L. 1973, c. 263, § 1).
The person applying for the license and registration tag shall pay a fee as provided for in Chapter 191, Fee Schedule, for the licensing of each dog and the additional sum for the registration tag of each dog. 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 licenses, registration tags and renewals thereof shall expire on the last day of January in each year. Late fees shall be imposed after March 1, April 1 and May 1 as set forth in Chapter 191, Fee Schedule.
Dogs used as guides for blind persons and commonly known as
"seeing-eye" dogs, dogs used to assist handicapped persons and commonly
known as "service dogs" and dogs used to assist deaf persons and commonly
known as "hearing ear" dogs shall be licensed and registered as other
dogs hereinabove provided for except that the owner or keeper of such
dog 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 such dog within 10 days after such acquisition
or age attainment.
A.Â
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 whether it has been
surgically debarked or silenced; and the name, street, and post office
address of the owner and the person who shall keep or harbor such
dog.
B.Â
The information on said application and the registration number issued
for the dog shall be preserved for a period of three years by the
City Clerk or other official designated by the Council. In addition
, the Clerk or other local official shall forward to the State Department
of Health and Senior Services 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 application.
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 is not issued.
It shall be unlawful for the owner of any dog, whether licensed
or not, to permit such dog to run at large within the City. A dog
shall be deemed to be running at large when off the premises of its
owner or of the person keeping or harboring such dog and not on a
leash, tether, chain, rope or the like, the overall length of which,
including the hand grip, shall not exceed six feet, held by its owner
or other person able to control such dog.
[Amended 12-1-1981 by Ord. No. 81-73; 7-17-1984 by Ord. No. 84-23; 5-20-1986 by Ord. No. 86-17; 5-15-1990 by Ord. No. 90-17]
A.Â
Dogs may be declared vicious or potentially dangerous and, upon such
declaration, shall be subject to the disposition provided in accordance
with the provisions of N.J.S.A. 4:19-17 et seq. (P.L. 1989, c. 307).
B.Â
Pursuant to the terms of N.J.S.A. 4:19-17 et seq. (P.L. 1989, c.
307), the City shall issue annually a potentially dangerous dog registration
number and identification tag, along with a municipal potentially
dangerous dog license, for each dog which has been declared as potentially
dangerous under the Act upon a demonstration of sufficient evidence
by the owner thereof that the owner has complied with the terms and
conditions of any orders of the panel which had declared the dog as
potentially dangerous.
C.Â
The annual fee for a potentially dangerous dog license, and each
renewal thereof, shall be $700.
[Amended 1-21-1975 by Ord. No. 2098]
No person owning, harboring, keeping, or in charge of any dog
shall cause, suffer, or allow such dog to soil, defile, defecate on,
or commit any nuisance on any sidewalk, passageway, bypath, play area,
park, or 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. The restriction herein shall not apply
to that portion of the street lying between the curblines, which shall
be used to curb such dog, under the following conditions:
A.Â
The person who so curbs such dog shall immediately remove all feces
deposited by such dog by any sanitary method, including any method
approved by the local Health Department.
B.Â
The feces removed from the aforementioned designated area shall be
disposed of by the person owning, harboring, keeping or in charge
of such dog, in a sanitary manner, including any method approved by
the local Health Department.
C.Â
No person shall permit a dog on any public place hereinabove described
unless such person has, in his or her possession at such time, an
appropriate device or other means for the removal of feces as hereinabove
provided.
[Added 12-1-1981 by Ord. No. 81-73]
[Added 3-18-1997 by Ord. No. 97-16]
A.Â
Prohibition. No person having ownership, use or control of a dog
shall use or permit the use of such dog for the purpose of intimidating,
coercing or otherwise interfering with any other person's lawful
use or enjoyment of any public park, playground, street, sidewalk
or public place or upon any private property upon which such other
person has either a license or an invitation to be present, within
the City of Englewood.
B.Â
Declaration of nuisance. The use of any dog for the purpose of intimidating, coercing or interfering with any person's lawful use or enjoyment of any public park, playground, street, sidewalk or public place or upon any private property upon which such person has either a license or an invitation to be present, within the City of Englewood, in violation of Subsection A above, is hereby declared a public nuisance. Upon conviction under Subsection A above, the dog used for such purposes shall be subject to seizure and impoundment by the Animal Control Officer of the City of Englewood.
(1)Â
With respect to any such dog seized and impounded by the Animal Control
Officer of the City of Englewood, the City Manager, or his designee,
shall notify the owner thereof, if known, either personally or by
certified mail, return receipt requested, mailed to the last known
address of such owner concerning the seizure and impoundment and that,
if the owner wishes, a hearing will be held to determine the disposition
of said dog. The notice shall require that the owner return within
seven days, by certified mail or hand delivery, a signed statement
indicating whether he wishes the hearing to be conducted or, if not,
to relinquish ownership of the dog, in which case the dog may be humanely
destroyed. If the owner cannot be notified by certified mail, return
receipt requested, or refuses to sign for the certified letter, or
does not reply to the certified letter with a signed statement within
seven days of receipt, the dog may be humanely destroyed.
(2)Â
If a hearing is requested, the City Manager, or his designee, shall
schedule a hearing to determine the disposition of such dog, taking
into account the nature of the violation, the continued threat which
the dog poses to others, and alternatives to humanely destroying the
dog in order to abate the nuisance.
(3)Â
Following such hearing, the City Manager, or his designee, may require
that:
(a)Â
The owner immediately erect and maintain an enclosure for such
dog on the property where such dog will be kept and maintained, which
has sound sides, top and bottom, to prevent such dog from escaping
by climbing, jumping or digging and within a fence of at least six
feet in height separated by at least three feet from the confined
area, and require the owner thereof to securely lock the enclosure
and the fence to prevent the entry of the general public and to preclude
any release or escape of such dog by an unknowing child or other person.
(b)Â
Such dog be confined in the enclosure or, if taken out of the
enclosure, securely muzzled and restrained with a tether approved
by the Animal Control Officer having a minimum tensile strength sufficiently
in excess of that required to restrict the dog's movements to
a radius of no more than three feet from an adult capable of exercising
direct supervision and control of said dog.
(c)Â
Liability insurance be maintained in an amount determined by
the City Manager, or his designee, to cover any damage or injury caused
by the dog, which insurance shall contain a provision requiring that
the City of Englewood would be named as an additional insured for
the sole purpose of being notified by the insurance company of any
cancellation, termination or expiration of the liability insurance
policy.
(d)Â
The dog be placed for adoption.
(e)Â
The dog be humanely destroyed.
C.Â
The provisions of this section shall not apply to dogs used for law
enforcement activities or for dogs used for security purposes upon
private premises, provided that such dogs are kept and maintained
within the secured premises or within an area enclosed by a fence
of not less than six feet in height and that a warning be posted indicating
that such premises are guarded by dogs used for security purposes.
A.Â
Any person
who keeps or operates or proposes to establish a kennel, pet shop,
shelter, or pound within the City shall apply to the City Clerk for
a license entitling him to keep or operate such establishment. The
application therefor 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 be accompanied by the
written approval of local health and municipal authorities showing
compliance with the local and state rules and regulations governing
location of and sanitation at such establishment.
B.Â
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 and be subject to revocation by the municipality on recommendation of the State Department of Health and Senior Services or the Board of Health for failure to comply with the rules and regulations of the state department or local board governing the same, after the owner has been afforded a hearing by either the state department or local board, except as provided in Subsection C of this section. 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.
C.Â
The license
for a pet shop shall be subject to review by the City, upon recommendation
by the State Department of Health and Senior Services or the local
health authority for failure by the pet shop to comply with the rules
and regulations of the state department or local health authority
governing pet shops or if the pet shop meets the criteria for recommended
suspension or revocation provided under Subsection c or d of Section
5 of P.L. 1999, c. 336 (N.J.S.A. 56:8-96), after the owner of the
pet shop has been afforded a hearing pursuant to Subsection e of Section
5 of P.L. 1999, c. 336 (N.J.S.A. 56: 8-96). The City, based on the
criteria for the recommendation of the local health authority provided
under Subsections c and d of Section 5 of P.L. 1999, c. 336 (N.J.S.A.
56:8-96), may suspend the license for 90 days or may revoke the license
if it is determined at the hearing that the pet shop:
D.Â
The City
may issue a license for a pet shop that permits the pet shop to sell
pet supplies for all types of animals, including cats and dogs, and
sell animals other than cats and dogs but restricts the pet shop from
selling cats or dogs, or both.
E.Â
Every
pet shop licensed in the state shall submit annually and no later
than May 1 of each year records of the total number of cats and dogs,
respectively, sold by the pet shop each year to the City, and the
City shall provide this information to the local health authority.
The annual fee for a kennel and for a pet shop shall be as provided for in Chapter 191, Fee Schedule. No fee shall be charged for a shelter or pound.[2]
[2]
Editor's Note: Original Sections 6-13 (License expiration; revocation of license to operate establishment) and 6-14 (Individual dog license exemption for establishments; transfer prohibited) , which immediately followed this section, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I). See now § 106-12.
No dog kept in a kennel, pet shop, shelter or pound shall be
permitted off such premises, except on leash or in a crate or other
safe control.
[Amended 12-1-1981 by Ord. No. 81-73[1]]
The Animal Control Officer shall take into custody and impound or cause to be taken into custody and impounded and thereafter destroyed or disposed of, as hereinafter provided, any dog running at large, as those words are defined in § 106-8.
[Amended 12-1-1981 by Ord. No. 81-73[1]]
If any dog so seized wears a collar or harness having inscribed
thereon and attached thereto the name and address of any person, or
a registration tag, or if the owner or the person keeping or harboring
such dog is known, the Animal Control Officer shall forthwith serve
on the owner or the person keeping or harboring such animal, if known,
a notice in writing stating that the animal has been seized and will
be liable to be offered for adoption or destroyed if not claimed within
seven days after the service of the notice.
A notice under § 106-16 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.
[Amended 12-1-1981 by Ord. No. 81-73[1]]
A.Â
When any dog so seized 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 no notice can be given as above set forth, and if the owner or person keeping or harboring said dog has not claimed such animal and paid the fees set out in § 106-25, the Animal Control Officer may cause the animal to be destroyed in a manner causing as little pain as possible and consistent with the provisions of N.J.S.A. 4:22-19 or to be offered for adoption seven days after seizure, provided that:
(1)Â
Notice
is given as set forth above and the animal remains unclaimed; or
(2)Â
The
owner or person keeping or harboring the animal has not claimed the
animal and paid all expenses incurred by reason of its detention,
including maintenance costs not exceeding $4.00 per day; or
(3)Â
The
owner or person keeping or harboring a dog which was unlicensed at
the time of seizure does not produce a license and registration tag
for the dog.
B.Â
At the time of adoption, the right of ownership in the animal shall
transfer to the new owner. No dog so caught and detained or procured,
obtained, sent or brought to a pound or shelter shall be sold or otherwise
made available for the purpose of experimentation.
[Amended 12-1-1981 by Ord. No. 81-73[1]]
Any police officer or Animal Control Officer is hereby authorized
to go upon any premises to seize for impounding any dog which he may
lawfully seize or impound when such officer is in immediate pursuit
of such dog, except upon the premises of the owner of the dog if said
owner is present and forbids the same.
No person shall hinder, molest, or interfere with anyone authorized
or empowered to perform any duty under this article.
[Amended 7-17-1984 by Ord. No. 84-23; 8-10-2010 by Ord. No. 10-21]
Any person who violates, or who fails or refuses to comply with any provision of this article shall be liable for a fine of not more than $1,000 and subject to imprisonment for a period not to exceed 90 days, except that for violation of §§ 106-2, 106-5 and 106-20, the penalty shall be a fine of not more than $200 and except that for a violation of § 106-12, the penalty shall be a fine of not more than $750.
