[Adopted 1-7-1997 as Ch. XII of the 1996 Revised General Ordinances]
As used in this article, terms shall have the same meanings
as set forth in N.J.S.A. 4:112-15.1, except as follows:
Any and all feces, excrement, ordure, dung or other similar
solid waste matter, discharged or eliminated by dogs or other animals.
All animals within the City limits, including bitches or
spayed bitches.
When applied to the proprietorship of an animal, owner shall
include every person having a right of property in such animal and
every persons who has such animal in his/her keeping.
All property other than the property defined in public streets,
sidewalks and areas adjacent thereto, as defined below, and which
is owned, managed or controlled by persons other than the owner of
the animal and the property of persons who have invited the owner
of any animal to bring the animal into his/her or their property.
Any common thoroughfare, sidewalk, passageway, bypath, safety
island, ways, alleys, roads, squares, lanes, walks, lawns, parking
lots, loading zones, driveways or any place where people congregate
or walk or upon any public property whatsoever, or any areas adjacent
thereto. These restrictions shall not apply to that portion of the
street lying between the curblines.
Any animal which has on more than one occasion bitten a person
without provocation, or has been declared by a Municipal Judge to
be a vicious animal.
A.
When required. Licenses shall be required for the following dogs
of licensing age:
(1)
Any dog owned or kept within the City by a resident of the City on
January 1 of any calendar year.
(2)
Any dog acquired by any person during the course of any calendar
year and kept within the City for more than 10 days after acquisition.
(3)
Any dog attaining licensing age during the course of the calendar
year.
(4)
Any unlicensed dog brought into the City by any person and kept within
the City for more than 10 days.
(5)
Any dog licensed by another state brought into the City by any person
and kept within the City for more than 90 days.
B.
Application for license. Each application for a license under this
article shall give the following information:
(1)
A general description of the dog sought to be licensed, including
breed, sex, age, color and markings, and whether the dog is of a long-
, medium- or short-haired variety.
(2)
Name, street and post office address and phone number of the owner
of, and the person who shall keep or harbor, the dog.
C.
Application for license; when made. Applications for licenses for dogs which are required to be licensed by the provisions of Subsection A(1) shall be made before February 1 of each calendar year. In all cases, the application for a license shall be made within 10 days of the day upon which the dog in question first becomes subject to the provisions of this section.
D.
License record. The information on all applications under this article
and the registration number issued to each licensed dog shall be preserved
for a period of three years by the Health Officer. In addition, (s)he
shall forward similar information to the State Department of Health
and Senior Services each month on forms furnished by the Department.
E.
Fees. The person applying for a license shall pay fees as set forth in Chapter 155, Fees, for each dog and for the registration tag for each dog. The same fees shall be charged for the annual renewal of each license and registration tag.
F.
Expiration date. Each dog license and registration tag shall expire
on January 31 of the calendar year following the calendar year in
which it was issued.
A.
License required. Any person who keeps, operates or proposes to establish
a kennel, pet shop, shelter or pound shall apply to the Health Officer
for a license entitling him/her to keep or operate the establishment,
and shall not be required to secure individual licenses for dogs owned
by the licensee and kept at the establishment. Licenses shall not
be transferable to another owner or different premises. Licensing
of these establishments, and regulation thereof, shall be in accordance
with law and with the rules, regulations and directions of the State
Department of Health and Senior Services.
B.
Approval of Health Officer. No license shall be issued until the
proposed licensee submits a written statement from the Health Office
of the Department of Health that the establishment or proposed establishment
complies with local and state rules governing the location of and
sanitation at the establishment.
C.
License term. All licenses issued for a kennel, pet shop, shelter
or pound shall state the purpose for which the establishment is maintained
and all licenses shall expire on January 1 of each year.
D.
License fees. The annual license fees for kennel and pet shop licenses shall be as set forth in Chapter 155, Fees.
E.
Control of dogs off premises. No dog kept in a kennel, pet shop,
shelter or pound shall be permitted off the premises, except on leash
or in a crate or other safe control.
A.
B.
Impounding and destroying.
(1)
If a dog is declared vicious or potentially dangerous, and all appeals
pertaining thereto have been exhausted, the owner of the dog shall
be liable to the City for the costs and expenses of impounding and
destroying the dog.
(2)
The owner shall incur the expense of impounding the dog, regardless
of whether the dog is ultimately found to be vicious or potentially
dangerous.
C.
Violation and penalty. The owner of a potentially dangerous dog who
is found by a preponderance of the evidence to have violated this
section, or any rule or regulation adopted pursuant thereto, or to
have failed to comply with a panel's order, shall be subject
to a fine of not less than $100 per day and not more than $1,000 per
day of the violation; and each day's continuance of the violation
shall constitute a separate and distinct violation.
[Amended 5-21-2013]
[1]
Editor's Note: See N.J.S.A. 4:19-17 et seq.
A.
Causes for impounding. The Animal Control Officer shall take into
custody and impound, or cause to be taken into custody and impounded,
any of the following dogs:
(1)
Any unlicensed dog running at large in violation of the provisions
of this article.
(2)
Any dog off the premises of the owner of or the person keeping or
harboring the dog which the Animal Control Officer or his/her agent
has reason to believe is a stray dog.
(3)
Any dog off the premises of the owner of or the person keeping or
harboring such dog without a current registration tag on its collar.
(4)
Any female dog in season off the premises of the owner of or the
person keeping or harboring such dog.
B.
Access to premises. Any officer or agent authorized or empowered
to perform any duty under this article is hereby authorized to go
on any premises to seize for impounding any dog which (s)he may lawfully
seize and impound when the officer is in immediate pursuit of the
dog, except on the premises of the owner of the dog if the owner is
present and forbids same.
C.
Notice of seizure.
(1)
If any dog so impounded or seized wears a registration tag, collar
or harness showing the name and address of the owner, or the person
keeping or harboring the dog is known, the Animal Control Officer
shall immediately serve on the person whose address is given on the
collar, or on the person owning, keeping or harboring the dog, 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
service of the notice.
(2)
A notice under this subsection 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 mail in a prepaid letter
addressed to that person at his/her usual or last known place of abode,
or to the address given on the collar.
A.
Wearing of registration tag. All dogs which are required by the provisions
of this article to be licensed shall wear a collar or harness with
the registration tag for the dog securely fastened thereto.
B.
Use of registration tags. No person, except an officer in the performance
of his/her duties, shall remove a registration tag from the collar
of any dog without the consent of the owner, or shall any person attach
a registration tag to a dog for which it was not issued.
C.
Interference with official duties. No person shall hinder, molest
or interfere with anyone authorized or empowered to perform any duty
under this article.
D.
Disturbing the peace. No person shall own, keep, harbor or maintain
any dog which habitually barks or cries between the hours of 8:00
p.m. and 8:00 a.m.
E.
Running at large. 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, public building or other place within the City.
F.
Leashing of dogs. 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 City unless such dog is accompanied by
a person over the age of 12 years and is securely confined and controlled
by an adequate leash not more than eight feet long.
G.
Nuisance and property damage.
(1)
No person owning, keeping or harboring any dog shall suffer or permit
it to soil, defile or commit any nuisance or deposit any droppings
or fecal matter on any public street, sidewalk or areas adjacent thereto,
or on any private property without the owner's permission, under
penalty of a fine not to exceed the sum of $250, or imprisonment not
to exceed 30 days, or both, within the discretion of the Municipal
Court Judge, unless such person shall make a reasonable effort to
clean and remove such droppings or fecal matter in good faith and
within a reasonable time, as hereinafter set forth, so as to prevent
such soiling action, which soiling action is hereby declared to be
a public nuisance detrimental to the public health.
(2)
Such soiling action shall be deemed prevented if such persons shall
promptly clean up all such droppings and fecal matter by causing same
to be gathered in a suitable bag, wrapper or other container and disposed
of in a safe and sanitary manner. Such action shall be taken promptly,
within a reasonable time after such deposit, but, in any event, within
one hour thereof, so as to minimize the detrimental effects of such
droppings and fecal matter so deposited if in violation of the provisions
of this subsection.
(3)
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.
Where it has been determined by a physician that a person has
been bitten by a dog, the individual, or his/her parent or guardian
if (s)he is a minor, shall immediately notify the police. When the
owner or keeper of any dog shall be notified by the police that the
dog has bitten any individual or individuals, the owner or keeper
of the dog must comply with the following procedures:
A.
Have the dog examined by a licensed veterinarian within 12 hours.
B.
Have the dog kept in quarantine in the owner's home or at a
kennel for a period of 10 days. At the end of 10 days have the dog
reexamined by a veterinarian and a written report of the dog's
state of health sent to the Department of Health.
A.
Mandatory inoculation. Except as otherwise provided in Subsection D hereof, no person shall own, harbor or keep any dog within the municipal limits of the City which is not inoculated against rabies.
B.
Periods of inoculation. A dog shall be inoculated against rabies once each year and within nine months prior to the date set for procurement of the dog license required in § 70-2A, provided that if the Flury chick embryo vaccine is used, the inoculation against rabies may be performed every three years. The inoculation shall be made by a duly licensed veterinarian of the State of New Jersey or by such other person permitted by law to make same and approved by the Department of Health of the City. The vaccine must be of a type approved by the United States Bureau of Animal Industry or by the United States Public Health Service.
C.
Rabies tag and certificate. Any person who shall own, keep or harbor
a dog within the municipal limits of the City shall possess a certificate
indicating both that such dog has been inoculated against rabies and
setting forth the date of such inoculation. The certificate of inoculation
shall be exhibited to the Health Officer when application for a dog
license is made. The certificate shall also be produced by any person
owning, keeping or harboring a dog within the municipal limits of
the City upon the request of any Department of Health official or
member of the Police Department.
D.
Exceptions. This section shall not apply to:
(1)
Dogs which have not attained the age of seven months.
(2)
Dogs which do not possess a permanent set of teeth.
(3)
Any dog which the Department of Health, for a specified period of
time, declares exempt upon presentation of a certificate from a veterinarian
stating that because of an infirmity or other physical condition,
the inoculation of such dog shall be deemed inadvisable for a specified
period of time.
(4)
Dogs in veterinarian hospitals or pet shows, dogs in transient or
dogs brought into the City temporarily for the sole purpose of showing
in dog shows or exhibitions.
(5)
Any dog inoculated at the Health Department animal rabies clinic.
There shall be an Animal Control Officer employed in the Department
of Health whose duty it shall be to enforce the provisions of this
article and who shall be subject to any rules and regulations as to
his/her employment as may be directed by the Health Officer.
Any person who violates or who fails or refuses to comply with § 70-2 of this article shall be liable to a penalty of not less than $5 nor more than $50 for each offense, except that for the first offense, the penalty shall be not less than $1 nor more than $50. For any other violation of this article, the general penalty clause in Chapter 1, Article IV, shall apply.
