[Adopted by Ord. No. 55-2A]
As used in this article, the following terms
shall have the meanings indicated:
Any dog, bitch or spayed bitch.
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.
When applied to the proprietorship of a dog, every person
having a right of property in such dog and every person who has such
dog in his keep, and when applied to the proprietorship of any other
animal, including, but not limited to, a cat, shall include every
person having a right of property in that animal and every person
who has that animal in his keeping.[1]
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]
An establishment for the confinement of dogs or other animals
seized either under the provision of this article or otherwise.[3]
Any establishment where dogs are received, housed and distributed
without charge.
A.
License
and metal registration tag required; placing tag on dog. Any person
who shall own keep or harbor a dog of licensing age shall annually
apply for and procure from the Borough Clerk or other official designated
by the Borough Council to license dogs in the Borough in which he
resides 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.
No license
or registration tag shall be granted for any dog unless the owner
thereof provides evidence that the dog 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 Health and Human Services, or has been certified exempt as provided
by regulations of the State Department of Health and Senior Services.
An exemption to the rabies inoculation requirement shall be granted
for any dog that a duly licensed veterinarian certifies, in writing,
to be incapable of being inoculated because of an infirmity, other
physical condition, or regimen of therapy.
C.
Fees; renewals;
expiration date of licenses.
(1)
The
person applying for the license and registration tag shall pay the
fee established in the sum of $1 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. The licenses, registration tags and renewals thereof shall
expire on January 31 in each year.
(2)
In addition to the fee charged pursuant to Subsection C(1) above, any person applying for a license and registration tag shall pay:
(a)
A
fee of $3 for any dog of reproductive age which has not had its reproductive
capacity permanently altered through sterilization, to be forwarded
to the State Treasurer for deposit in the Animal Population Control
Fund.
(b)
An
additional fee of $0.20 to be forwarded to the State Treasurer to
fund the animal sterilization pilot clinic.
(3)
Only
one license and registration tag shall be required in any licensing
year for any dog owned in New Jersey, and such license and tag shall
be accepted by the Borough as evidence of compliance with this section.
D.
Exemption
from fees. 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," or 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.
E.
License
tags and forms. License forms and uniform, official metal registration
tags designed by the State Department of Health and Senior Services
shall be furnished by the Borough and shall be numbered serially and
shall bear the year of issuance and the name "the Borough of Hampton."
F.
Newly acquired
dogs. The owner of any newly acquired dog of licensing age or of any
dog which attains licensing age shall make application for a license
and registration tag for such dog with 10 days after such acquisition
or age attainment.
G.
Application;
contents; preservation of information. 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;
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 Borough Clerk or other local official
designated to license dogs in the Borough. In addition, he shall forward
to the State Department of Health and Senior Services each month,
on forms furnished by said Department, an accurate account of registration
numbers issued or otherwise disposed of. Registration numbers shall
be issued in the order of the applications.
H.
Dogs brought
into Borough.
(1)
Any person who shall bring into the Borough any dog licensed in another municipality in this state or 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 such dog, unless such dog is licensed under § 93-3.
(2)
Any person who shall bring or cause to be brought into this Borough any unlicensed dog and shall keep the same or permit the same to be kept within the Borough for a period of 10 days shall immediately apply for a license and registration tag for each such dog unless such dog is licensed under § 93-3.
I.
Removing
tag from dog without owner’s consent; attaching tag to another
dog. 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.
A.
Required;
application; revocation; reports.[1]
(1)
Any
person who keeps or operates or proposes to establish a kennel, pet
shop, shelter or pound shall apply to the Borough Clerk or other official
designated to license dogs in the Borough where such establishment
is located for a license entitling him to keep or operate such establishment.
The application shall describe the premises where the establishment
is located or is proposed to be located and the purpose or purposes
for which it is to be maintained and shall be accompanied by the written
approval of the local municipal and health authorities showing compliance
with the local and state rules and regulations governing location
of and sanitation of such establishments.
(2)
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 January 31 of each year and be subject to revocation by the Borough on recommendations of the State Department of Health and Senior Services or the local 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 A(3) below.
(3)
The
license for a pet shop shall be subject to review by the municipality,
upon recommendation by the State Department of Health and Senior Services
or the local Board for failure by the pet shop to comply with the
rules and regulations of the State Department or local Board 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 Borough may suspend the license
for 90 days or may revoke the license if it is determined at the hearing
that the pet shop:
(4)
The
Borough 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.
(5)
Every
pet shop licensed in the Borough shall submit to the Borough Clerk
annually by May 1 records of the total number of cats and dogs, respectively,
sold by the pet shop each year, and the Borough shall provide this
information to the local Board of Health.
B.
Individual dog licenses not required. Any person holding
such license shall not be required to secure individual licenses for
dogs owned by such licensee and kept at such establishment. Such licenses
shall not be transferable to another owner of different premises.
C.
License fees for kennels and pet shops; no fee for
shelter or pound. The annual license fee for a kennel providing accommodations
for 10 or fewer dogs shall be $10 and for more than 10 dogs $25. The
annual license fee for a pet shop shall be $10. No fee shall be charged
to a shelter or pound.
D.
Dogs not permitted off premises. 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.
E.
List of licensed kennels, pet shops, shelters and
pounds. The Clerk or other official designated to license dogs in
the Borough shall forward to the State Department of Health and Senior
Services a list of all kennels, pet shops, shelters and pounds licenses
within 30 days after the licenses therefor are issued, which list
shall include the name and addresses of the licensees and the kind
of license issued.
F.
Rules and
regulations for kennels, pet shops, shelters and pounds. The State
Department of Health and Senior Services and the Borough Board of
Health shall enforce rules and regulations promulgated by the State
Department of Health and Senior Services governing the sanitary conduct
and operation of kennels, pet shops, shelters and pounds, to preserve
sanitation therein and prevent the spread of rabies and other diseases
of dogs within and from such establishment.[2]
A.
License fees and other moneys collected or received under the provisions of this article, except registration tag fees, and fees collected pursuant to § 93-2C(2), shall be forwarded to the Chief Financial Officer of the Borough within 30 days after collection or receipt and shall be placed in a special account separate from any of the other accounts of the Borough and which shall be used for the following purposes only: for collection, keeping and disposing of dogs liable to seizure under this article or under local dog control ordinances; for local prevention and control of rabies; for providing antirabic treatment under the direction of the local Board of Health for any person known or suspected to have been exposed to rabies; for payment of damages to or losses of poultry and domestic animals, except dogs and cats, caused by a dog or dogs; 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 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 this special account during the last two fiscal years next preceding.
B.
The registration tag fee of $1 for each dog shall
be forwarded within 30 days after collection by the Borough Clerk
or other designated official to license dogs to the State Department
of Health and Senior Services, which Department shall forward the
sum to the State Treasurer, who shall place all such moneys in a special
account for use only by the State Department of Health and Senior
Services in administering this article and for the prevention and
control of rabies throughout the state, and such account is hereby
declared to be a trust fund not subject to legislative appropriation.
At the end of the third fiscal year following the adoption of this
article, and at the end of each fiscal year thereafter, there shall
be withdrawn from this trust fund and transferred to the general funds
of the state any amount then in such fund which is in excess of the
total amount paid into such fund during the last two fiscal years
next preceding.
[Amended 12-8-1974; 1-26-1981 by Ord. No. 2-81; 12-28-1981 by Ord. No.
16-81]
There shall be paid to the license clerk by
the applicant a license fee of $6 for both male and female dogs and
like license fees for each renewal thereof. There shall be a penalty
fee of $1 charged to any applicant that has not obtained said license
by the date fixed by the Hampton Borough Council.
The Chief of Police of the Borough or the Chairman
of the Police Committee thereof, if the office of Chief of Police
does not exist, or any person appointed for the purpose by the Borough
Council, shall either annually or biennially cause a canvass to be
made of all dogs owned, kept or harbored within the limits of the
Borough and shall report on or before September 1 of each year to
the Clerk or other person designated to license dogs in the Borough
and to the local Board of Health and to the State Department of Health
and Senior Services the result thereof, setting forth in separate
columns the names and addresses of each person owning, keeping or
harboring unlicensed 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.
A.
Running at large. No person keeping or harboring any
dog in the Borough shall allow the dog to run at large off the premises
of such person at any time. The owner of any dog found running at
large by the Animal Control Officer of the Borough and transported
to the dog pound shall pay a fee of $10 before the dog is released
from the dog pound.
[Amended by Ord. No. 2-60[1]]
B.
Impounding; grounds; notice; destruction.
(1)
The Chief of Police of the Borough or the Chairman
of the Police Committee, if the office of Chief of Police does not
exist, or any person appointed for the purpose by the Borough Council,
shall take into custody and impound or cause to be taken into custody
and impound and thereafter destroyed or offered for adoption as provided
in this section:[2]
(a)
Any dog off the premises of the owner or of
the person keeping or harboring the dog which the official or his
agent have reason to believe is a stray dog.
(b)
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.
(c)
Any female dog in season off the premises of
the owner or of the person keeping or harboring the dog.
(d)
Any
dog or other animal which is suspected to be rabid.
(e)
Any
dog or other animal off the premises of the owner reported to, or
observed by, a certified Animal Control Officer to be ill, injured
or creating a threat to public health, safety or welfare, or otherwise
interfering with the enjoyment of property.
(2)
If any dog so seized wears a collar or harness having
the inscribed name and address attached thereon or thereto of any
person or a registration tag of the owner or the person keeping or
harboring said dog is known, the Chief of Police or Chairman of the
Police Committee or any person authorized by him in that behalf shall
forthwith serve on the person whose address is given on the collar
or on the owner or 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 offered for adoption or destroyed if not claimed within
seven days after the service of the notice.[3]
(3)
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 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.
(4)
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 has
been given as above set forth, and if the owner or person keeping
or harboring said dog has not claimed the dog and paid all expenses
incurred by reason of its detention, including maintenance not exceeding
$4 per day, and if the dog is unlicensed at the time of 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
the Chairman of the Police Committee or any person authorized by him
in that behalf may cause the dog to be destroyed in 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.[4]
C.
Seizure of dogs; going on premises authorized; exception
for premises of owner. 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 impoundment 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 the owner is present and forbids the same.
D.
Interfering with persons performing duties. No person
shall hinder, molest or interfere with anyone authorized or empowered
to perform any duty under this article.
A.
Violations of act or rules; penalty. Any person who
violates or who fails or refuses to comply with this article or the
rules and regulations promulgated by the State Department of Health
and Senior Services shall be liable to a penalty of not less than
$5 nor more than $50 for each offense to be recovered by and in the
name of the Director of Health and Senior Services of the State of
New Jersey or by and in the name of the local Board of Health of the
Borough or by and in the name of the Borough, as the case may be,
except that:[1]
(2)
Any person who owns or harbors a dog in the Borough of Hampton without having the dog properly vaccinated for rabies as provided in § 93-9 below shall be subject to a fine of not more than $2,000, imprisonment for a period not exceeding 90 days and/or a period of community service not exceeding 90 days, per day for each day that the person owns or harbors the dog without proper inoculation against rabies, to be recovered in the same manner.
B.
Penalty to be paid to plaintiff; disposition. Any
penalty recovered in an action brought under the provisions of this
article shall be paid to the plaintiff therein. When the plaintiff
is the Director of Health and Senior Services of the State of New
Jersey, the penalty shall be paid by the Director into the treasury
of the state. When the plaintiff is a local Board of Health, the penalty
shall be paid by the local Board into the treasury of the municipality
within which the local Board has jurisdiction.
C.
Jurisdictions of proceedings for violation; penalties.
The Superior Court and the Municipal Courts shall have jurisdiction
to hear and determine in a summary manner proceedings for violations
of any of the provisions of this article. Penalties for such violations
shall be enforced and recovered pursuant to the penalty enforcement
law[2] at the suit of the Director of Health of the State of
New Jersey or of the local Board of Health or the municipality. Process
shall be either in the nature of a summons or warrant.[3]
D.
Refusal to pay judgment; confinement in jail. The
Court shall cause a defendant who refuses or neglects to pay forthwith
the amount of a judgment rendered against him and the costs and charges
incident thereto to be committed to the county jail for a period not
exceeding 10 days in the case of a first conviction, and in the case
of a conviction for a second, subsequent or continuing violation,
for a period not exceeding 30 days.
E.
As an alternative or in addition to the penalties
set forth herein, the Court may cause service of a period of community
service not to exceed 90 days.
[Added 4-24-1995 by Ord. No. 4-95]
No person shall own or harbor any dog within
the Borough of Hampton unless such dog has a valid inoculation against
rabies or the owner can provide a written certification from a duly
licensed veterinarian that the dog is incapable of being inoculated
because of an infirmity, other physical condition, or regimen of therapy.
No provision of this article shall be construed
to apply to any establishment wherein or whereon dogs are received
or kept for diagnostic, medical, surgical or other treatments, owned
by and operated under the immediate supervision of a graduate veterinarian
licensed in the State of New Jersey.
