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City of Perth Amboy, NJ
Middlesex County
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Table of Contents
Table of Contents
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[HISTORY: Art. 1, adopted by the Board of Commissioners (now the Council) of the City of Perth Amboy 12-17-41 as Ord. No. C-286; Art. II, adopted by the Council of the City of Perth Amboy 9-6-77 as Ord. No. 163-77. Sections 199-4A, 199-14 and 199-29 amended at time of adoption of Code; see Ch. 1, General Provisions. 8-1-1951 by Ord. No. C444; 10-19-1966 by Ord. No. C776; 12-21-1976 by Ord. No. 121-76; 12-19-1978 by Ord. No. 200-78; 10-7-1980 by Ord. No. 261-80; 11-4-1981 by Ord. No. 276-81; 9-6-1983 by Ord. No. 332-83; 1-16-1985 by Ord. No. 363-85; 9-3-1991 by Ord. No. 566-91; 9-23-1998 by Ord. No. 966-98; 1-26-2005 by Ord. No. 1275-2005; 2-20-2006 by Ord. No. 1335-2006; 3-14-2007 by Ord. No. 1380-2007; 9-28-2011 by Ord. No. 1589-2011. Amended in its entirety 2-28-2018 by Ord. No. 1877-2018. Other amendments noted where applicable.]
[Amended in entirety 2-28-2018 by Ord. No. 1877-2018]
A. 
Definitions. The words hereinafter defined shall have the meanings herein indicated for the purposes of this chapter, as follows:
ANIMAL CONTROL OFFICER
A certified municipal animal control officer or, in the absence of such an officer, the chief law enforcement officer of the city or his or her designee.
CITY
The City of Perth Amboy in the County of Middlesex.
DOG
Any dog or hybrid dog.
DOG OF LICENSING AGE
Any dog which has attained the age of seven (7) months or which possesses a set of permanent teeth.
DOMESTIC ANIMAL
Any cat, dog or livestock other than poultry.
KENNEL
Any establishment wherein or whereon the business of boarding or selling dogs or breeding dogs for sale is carried on, except a pet shop.
OWNER (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 keeping.
PERSON
An individual, firm, partnership, corporation or association of persons.
PET-GROOMING ESTABLISHMENT
Any room or group of rooms used for the cutting, washing of dogs or cats.
PET SHOP
Any room or group of rooms, cage or exhibition pen, not part of a kennel, wherein dogs for sale are kept or displayed.
POTENTIALLY DANGEROUS DOG
Any dog or dog hybrid declared potentially dangerous by a Municipal Court pursuant to § 199-27E.
POUND
An establishment for the confinement of dogs seized either under the provisions of this article or otherwise.
SHELTER
Any establishment where dogs are received, housed and distributed not for profit.
VICIOUS DOG
Any dog or dog hybrid declared by a municipal court pursuant to § 199-27E.
B. 
Usage. The words "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. Personal pronouns shall mean either the singular or the plural, whichever is applicable and conducive towards the effectuating of this article. The masculine, feminine or the neuter gender shall be implied, whichever is appropriate and conducive for the effectuating of this article.
No person shall keep or harbor any dog within the City of Perth Amboy in the County of Middlesex without first obtaining a license therefor, to be issued by the Clerk of the city upon application by the owner and payment of the prescribed fee, and no person shall keep or harbor any dog in said city except in compliance with the provisions of this article.
Any person who shall own, keep or harbor a dog of licensing age shall, in the month of January 1942 and annually thereafter, apply for and procure from the Clerk of the city 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.
A. 
The person applying for the license and registration tag shall pay a fee of $5.80 for each dog; the sum of $1 for the registration tag for each dog; the sum of $0.20 for each dog license to be designated for the Pilot Clinic Fund and an additional $3 surcharge on all licenses issued for nonspayed and unneutered dogs.
B. 
In the event that the metal registration tag is lost, such tag may be replaced upon application to the City Clerk and upon the payment of a fee of $1.
C. 
Dogs used as guides for blind persons and commonly known as service animals dogs shall be licensed and registered as other dogs hereinabove provided for, except that the owner or keeper of such a 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 ten (10) days after such acquisition or age attainment.
The application shall state the breed, sex, age, color and markings of the dog for which the license and registration are sought and whether it 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 applicant, in compliance with P.L. 1973, c. 263, of the State of New Jersey shall offer proof that said dog had received an anti-rabies inoculation which is still effective. The information on said application and the registration number issued for the dog shall be preserved for a period of three (3) years by the City Clerk. In addition, he shall forward similar information to the State Department of Health each month on forms furnished by said Department. Registration numbers shall be issued in the order of the applications.
A. 
Any person who shall bring or cause to be brought into the City of Perth Amboy in the County of Middlesex 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 city for a period of more than ninety (90) days shall immediately apply for a license and registration tag for each such dog, unless such dog shall be licensed under § 199-9.
B. 
Any person who shall bring or cause to be brought into the city any unlicensed dog and shall keep the same or permit the same to be kept within the city for a period of more than ten (10) days shall immediately apply for a license and registration tag for each such dog, unless such dog shall be licensed under § 199-9.
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. 
Any person who keeps or operates or proposes to establish a kennel, pet shop, shelter or pet-grooming establishment shall apply to the Health Division for a license entitling him to keep or operate such establishment.
B. 
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 Health Officer of the Division of Health of the city, showing compliance with the local and state rules and regulations governing location of and sanitation at such establishments.
C. 
All licenses issued for a kennel, pet shop, shelter or pet-grooming establishment shall state the purpose for which the establishment is maintained, and all such licenses shall expire on the last day of January of each year and be subject to revocation by the Council on recommendations of the State Department of Health or the Division of Health of the city for failure to comply with the rules and regulations of the State Department or the Division of Health of the city governing the same, after the owner has been afforded a hearing either by the State Department or the Division of Health of the city.
D. 
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.
A. 
The annual license fee for a kennel providing accommodations for ten (10) or fewer dogs shall be twenty-five dollars ($25) and, for more than ten (10) dogs, forty dollars ($40).
B. 
The annual license fee for a pet shop shall be seventy-five dollars ($75).
C. 
The annual license fee for a pet-grooming establishment shall be seventy-five dollars ($75).
D. 
No fee shall be charged for a shelter.
No dog kept in a kennel, pet shop or shelter shall be permitted off such premises except on a leash or in a crate or other safe control.
A. 
License fees and other moneys collected or received under the provisions of this chapter, except registration tag fees, shall be forwarded to the Collector-Treasurer of the city within forty-eight (48) hours after collection or receipt and shall be placed in a special account separate from any of the other accounts of the city and which shall be used for the following purposes only: for collecting, keeping and disposing of dogs liable to seizure under this chapter; for local prevention and control of rabies:
B. 
The registration tag fee of fifty cents ($0.50) for each dog shall be forwarded within thirty (30) days after collection by the City Clerk to the State Department of Health.
The City Clerk shall forward to the State Department of Health a list of all kennels, pet shops and shelters licensed within thirty (30) days after the licenses therefor are issued, which list shall include the name and address of the licensee and the kind of license issued.
For the purpose of carrying out the provisions of this chapter, an Animal Control Officer shall be appointed as pursuant to law by the proper appointing authority and shall be within the Department of Police and shall continue in said employment, office or position during good behavior and shall not be removed therefrom, except for good cause shown, after notice and a fair and impartial hearing upon written charges preferred against the employee. The employee shall receive a salary to be fixed from time to time in the Salary Ordinance.[1]
[1]
Editor's Note: See Ch. 101, Salaries and Compensation.
In accordance with N.J.S.A. 4:19-15, the Health Officer shall annually cause a canvass to be made of all dogs owned, kept or harbored within the limits of the city and shall report to the City Clerk, the Division of Health of the city and to the State Department of Health the result thereof, setting forth in separate columns the names and addresses of persons owning, keeping or harboring such dogs, the number of licensed dogs owned, kept or harbored by each of said persons, together with the registration numbers of each of said dogs, and the number of unlicensed dogs owned, kept or harbored by each of said persons, together with a complete description of each of said unlicensed dogs.
A. 
It shall be the duty of the Animal Control Officer or the Health Officer of the city to take into custody and impound or cause to be taken into custody and impounded and thereafter destroyed or disposed of as provided in this section:
(1) 
Any dog off the premises of the owner or of the person keeping or harboring said dog which said official or his agent or agents have reason to believe is a stray dog.
(2) 
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.
(3) 
Any female dog in season off the premises of the owner or of the person keeping or harboring said dog.
B. 
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 said dog is known, the Animal Control Officer shall forthwith serve 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.
C. 
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.
D. 
When any dog so seized has been detained for seven (7) days after notice, when notice can be given as above set forth, or has been detained for seven (7) days after seizure, when notice has not been and cannot be given as above set forth, and 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 of fifteen dollars ($15) for the first day and five dollars ($5) for each day thereafter for city residents and thirty-five dollars ($35) for the first day and five dollars ($5) for each day thereafter for non-city residents, or if the dog shall be unlicensed at the time of the seizure and the owner or person keeping or harboring said dog has not produced a license and registration tag for said dog they will have (7) seven days to produce a license or a summons will be issue.
E. 
An impounded dog may be redeemed by its owner or person keeping or harboring said dog after offering proof of ownership and presenting a current dog license. In the event that the dog is not licensed, the dog can be released so that it can receive an anti-rabies inoculation before being licensed in accordance with P.L. 1973, c. 263. In any event, a dog will not be released from the municipal animal shelter until the redemption fees in accordance with N.J.S.A. 4:19-15.16 are paid. The fees are as follows: redemption charge of fifteen dollars ($15) for the first day and five dollars ($5) for each day thereafter for city residents and thirty-five dollars ($35) for the first day and five dollars ($5) for each day thereafter for non-city residents, in addition to the administrative and pickup charge of four dollars ($4). A dog may be adopted from the municipal animal shelter for a charge of twenty-five dollars ($25). In the event that a dog has not been redeemed or adopted it may be turned over to a nonprofit animal adoption organization at no charge.
The Animal Control Officer shall segregate all unregistered and unlicensed dogs impounded from registered and licensed dogs pending redemption.
A. 
The Animal Control Officer shall maintain reports which contain the description of the dog seized, the license number, if any, the reason for seizure and the disposition made of such dog.
B. 
The Animal Control Officer shall render a monthly report which report shall contain the following information:
(1) 
The number of dogs captured.
(2) 
The number of dogs destroyed.
(3) 
The number of dogs redeemed and the amounts paid for redemption.
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.
It shall be the duty of each member of the Police Department and of the Division of Health of the city to assist and cooperate in carrying out the provisions of this chapter.
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.
No person owning, keeping or harboring any dog shall allow it to suffer or permit it to run at large upon the public streets or in any public park, in any public building or in any other public place within the City of Perth Amboy in the County of Middlesex.
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 of Perth Amboy unless such dog is accompanied by a person over the age of twelve (12) years and is securely confined and controlled by an adequate leash not more than six feet long.
A. 
Purpose. The purpose of this section is to establish requirements for the proper disposal of pet solid waste in the City of Perth Amboy, so as to protect the public health, safety and welfare, and to prescribe penalties for failure to comply.
B. 
Definitions. 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 the section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words 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.
IMMEDIATE
The pet solid waste is removed at once, without delay.
OWNER/KEEPER
Any person who shall possess, maintain, house or harbor any pet or otherwise have custody of any pet, whether or not owner of such pet.
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
PET
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.
C. 
Requirements 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.
D. 
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.
E. 
Assistance of enforcement. It shall be the duty of the authorized members of the departments listed and Animal Control Officers of the City of Perth Amboy to assist and cooperate in carrying out the provisions of this chapter.
F. 
Enforcement. The provisions of this Section 199-25 shall be enforced by the Departments of Code Enforcement, Health, Police and Public Works and Animal Control Officers of the City of Perth Amboy.
G. 
Violations and penalties. Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine not less than one hundred dollars ($100) for the first offense, recurring offenses not to exceed one thousand dollars ($1,000).
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.
A. 
Seizure and impoundment.
(1) 
An animal control officer shall seize and impound a dog when the officer has reasonable cause to believe that the dog:
(a) 
Attacked a person and caused death, or serious bodily injury as defined in N.J.S.A. 2C:11-lb, to that person;
(b) 
Caused bodily injury as defined in N.J.S.A. 2C:11-la to a person during an unprovoked attack and poses a serious threat of harm to persons or domestic animals;
(c) 
Engaged in dog-fighting activities as described in N.J.S.A. 4:22-24 and 4:22-26; or
(d) 
Has been trained, tormented, badgered, baited or encouraged to engage in unprovoked attacks upon persons or domestic animals.
(2) 
The dog shall be impounded until the final disposition as to whether the dog is vicious or potentially dangerous. Subject to the approval of the City Health Officer, the dog may be impounded in a facility or other structure agreeable to the owner.
B. 
Notice of seizure and impoundment; determination of identity of owner; notice of hearing; return of statement by owner; destruction of dog.
(1) 
The Animal Control Officer shall notify the Municipal Court and the City Health Officer immediately that he has seized and impounded a dog pursuant to Subsection A, or that he has reasonable cause to believe that a dog has killed another domestic animal and that a hearing is required. The animal control officer shall through a reasonable effort attempt to determine the identity of the owner of any dog seized and impounded pursuant to Subsection A. If its owner cannot be identified within seven (7) days, that dog may be humanely destroyed.
(2) 
The Animal Control Officer shall, within three (3) working days of the determination of the identity of the owner of a dog seized and impounded pursuant to Subsection A, notify by certified mail, return receipt requested, the owner concerning the seizure and impoundment and that, if the owner wishes, a hearing will be held to determine whether the impounded dog is vicious or potentially dangerous. This notice shall also require that the owner return within seven (7) 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 (7) days of receipt, the dog may be humanely destroyed.
C. 
Agreement between city and dog owner, settlement and disposition; liability of city; legal expenses. Notwithstanding any provision in N.J.S.A. 4:19-17 et seq. or this section to the contrary, the city and the owner of the dog may settle and dispose of the matter at any time in such manner and according to such terms and conditions as may be mutually agreed upon. Notwithstanding any provisions of N.J.S.A. 4:19-17 et seq. to the contrary, neither the city nor any of its employees shall have any liability by virtue of having entered into any settlement agreement pursuant to this section, or for any action or inaction related to the entry into such agreement, for any injuries or damages caused thereafter by the dog. The city may, as a condition of the settlement, also require that the owner of the dog hold the city harmless for any legal expenses or fees the city may incur in defending against any cause of action brought against the city notwithstanding the prohibition against such causes of action set forth in this section.
D. 
Finding to declare dog vicious; grounds.
(1) 
The Municipal Court shall declare the dog vicious if it finds by clear and convincing evidence that the dog.
(a) 
Killed a person or caused serious bodily injury as defined in N.J.S.A. 2C:11-lb to a person; or
(b) 
Has engaged in dog fighting activities as described in N.J.S.A. 4:22-24 and 4:22-26.
(2) 
A dog shall not be declared vicious for inflicting death or serious bodily injury as defined in N.J.S.A. 2C:11-1b upon a person if the dog was provoked. The city shall bear the burden of proof to demonstrate that the dog was not provoked.
(3) 
If the Municipal Court declares a dog to be vicious and no appeal is made of this ruling pursuant to Subsection G, the dog shall be destroyed in a humane and expeditious manner, except that no dog may be destroyed during the pendency of an appeal.
E. 
Finding to declare dog potentially dangerous.
(1) 
The Municipal Court shall declare a dog to be potentially dangerous if it finds by clear and convincing evidence that the dog.
(a) 
Caused bodily injury as defined in N.J.S.A. 2C:11-la to a person during an unprovoked attack and poses a serious threat of bodily injury or death to a person; or
(b) 
Killed another domestic animal and:
[1] 
Poses a threat of serious bodily injury or death to a person; or
[2] 
Poses a threat of death to another domestic animal; or
(c) 
Has been trained, tormented, badgered, baited or encouraged to engage in unprovoked attacks upon persons or domestic animals.
(2) 
A dog shall not be declared potentially dangerous for:
(a) 
Causing bodily injury as defined in N.J.S.A. 2C:11-la to a person if the dog was provoked; or
(b) 
Killing a domestic animal if the domestic animal was the aggressor.
(3) 
For the purposes of Subsection E(2)(a), the city shall bear the burden of proof to demonstrate that the dog was not provoked.
F. 
Order and schedule for compliance for potentially dangerous dog, conditions. If the Municipal Court declares the dog to be potentially dangerous, it shall issue an order and a schedule for compliance which, in part:
(1) 
Shall require the owner to comply with the following conditions:
(a) 
To apply, at his own expense, to the City Clerk or other official designated to license dogs pursuant to § 199-6 for a special city potentially dangerous dog license, city registration number and red identification tag issued pursuant to Subsection L of this section. The owner shall, at his own expense, have the registration number tattooed upon the dog in a prominent location. A potentially dangerous dog shall be impounded until the owner obtains a city potentially dangerous dog license, city registration number and red identification tag;
(b) 
To display, in a conspicuous manner, a sign on his premises warning that a potentially dangerous dog is on the premises. The sign shall be visible and legible from fifty (50) feet of the enclosure required pursuant to Subsection F(1)(c) of this section.
(c) 
To immediately erect and maintain an enclosure for the potentially dangerous dog on the property where the potentially dangerous dog will be kept and maintained, which has sound sides, top and bottom to prevent the potentially dangerous dog from escaping by climbing, jumping or digging and within a fence of at least six (6) feet in height separated by at least three (3) feet from the confined area. The owner of a potentially dangerous dog shall securely lock the enclosure to prevent the entry of the general public and to preclude any release or escape of a potentially dangerous dog by an unknowing child or other person. All potentially dangerous dogs shall be confined in the enclosure or, if taken out of the enclosures, securely muzzled and restrained with a tether approved by the Animal Control Officer and having a minimum tensile strength sufficiently in excess of that required to restrict the potentially dangerous dog's movements to a radius of no more than three (3) feet from the owner and under the direct supervision of the owner.
(2) 
May require the owner to maintain liability insurance in an amount determined by the Municipal Court to cover any damage or injury caused by the potentially dangerous dog. The liability insurance, which may be separate from any other homeowner policy, shall contain a provision requiring the municipality in which the owner resides to 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.
G. 
Procedures for appeal. The owner of the dog, or the Animal Control Officer in the municipality in which the dog was impounded, may appeal any final decision, order or judgment, including any conditions attached thereto, of a Municipal Court pursuant to N.J.S.A. 4:19-17 et seq. by filing an appeal with the Superior Court, Law Division, in accordance with the Rules Governing The Courts of the State of New Jersey pertaining to appeals from courts of limited jurisdiction. The Superior Court shall hear the appeal by conducting a hearing de novo in the manner established by those rules for appeals from the courts of limited jurisdiction.
H. 
Liability of owner for cost of impoundment and destruction.
(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. The city may establish by ordinance a schedule of these costs and expenses. The owner shall incur the expense of impounding the dog in a facility other than the municipal pound, regardless of whether the dog is ultimately found to be vicious or potentially dangerous.
(2) 
If the dog has bitten or exposed a person to rabies within ten (10) days previous to the time of euthanasia, its head shall be transported to the New Jersey State Department of Health laboratory for rabies testing.
I. 
Right to convene hearing for subsequent actions of dog. If the Municipal Court finds that the dog is not vicious or potentially dangerous, the Municipal Court shall retain the right to convene a hearing to determine whether the dog is vicious or potentially dangerous for any subsequent actions of the dog.
J. 
Duties of owner of potentially dangerous dog. The owner of a potentially dangerous dog shall:
(1) 
Comply with the provisions of this section in accordance with a schedule established by the Municipal Court, but in no case more than sixty (60) days subsequent to the date of determination.
(2) 
Notify the city licensing authority, City Police Department and the Animal Control Officer if a potentially dangerous dog is at large or has attacked a human being or killed a domestic animal.
(3) 
Notify the city licensing authority, or City Police Department, and the Animal Control Officer within twenty-four (24) hours of the death, sale or donation of a potentially dangerous dog.
(4) 
Prior to selling or donating the dog, inform the prospective owner that the dog has been declared potentially dangerous.
(5) 
Upon the sale or donation of the dog to a person residing in a different municipality, notify the department and the licensing authority, Police Department or force, and Animal Control Officer of the municipality of the transfer of ownership, and the name, address and telephone number of the new owner.
(6) 
In addition to any license fee required pursuant to § 199-4, pay a potentially dangerous dog license as provided by Subsection M of this section.
K. 
Violations by owner; penalties; enforcement; seizure and impoundment of dog, destruction by order of court.
(1) 
The owner of a potentially dangerous dog who is found by clear and convincing evidence to have violated this section, or any rule or regulation adopted pursuant thereto, or to have failed to comply with a court's order shall be subject to a fine of not less than $100 nor more than $1,000 per day of the violation, and each day's continuance of the violation shall constitute a separate and distinct violation.
(2) 
The Municipal Court shall have jurisdiction to enforce this section. An Animal Control Officer is authorized to seize and impound any potentially dangerous dog whose owner fails to comply with the provisions of this section, or any rule or regulation adopted pursuant thereto, or a court's order. The Municipal Court may order that the dog so seized and impounded be destroyed in an expeditious and humane manner.
L. 
Potentially dangerous dog registration number, red identification tag and license; issuance; telephone number to report violations; publicity. The city shall:
(1) 
Issue a potentially dangerous dog registration number and red identification tag along with a city potentially dangerous dog license upon a demonstration of sufficient evidence by the owner to the Animal Control Officer that he has complied with the court's orders. The last three (3) digits of each potentially dangerous dog registration number issued to the city will be the three-number code assigned by the city in the regulations promulgated pursuant to this section. The Animal Control Officer shall verify, in writing, compliance to the City Clerk or other official designated to license dogs in the city.
(2) 
Publicize a telephone number for reporting violations of this section. This telephone number shall be forwarded to the State Department of Health, and any changes in this number shall be reported immediately to the State Department of Health.
M. 
Fee for license. The sum to be paid annually for a potentially dangerous dog license and each renewal thereof shall be seven hundred dollars ($700).
N. 
Inspection to determine continued compliance. The animal control officer shall inspect the enclosure and the owner's property at least monthly to determine continuing compliance with Subsection F(1)(b) and (c) of this section.
O. 
Acts deemed exercise of government function; application of Tort Claims Act. Pursuant to N.J.S.A. 4:19-34, any action undertaken pursuant to the provisions of this section shall be deemed to be an exercise of a government function and shall be subject to the provisions of the New Jersey Tort Claims Act, N.J.S.A. 59:1-1 et seq.
P. 
Deposits and uses of fines and fee. All fines and fees collected or received by the city pursuant to Subsections K and M of this section shall be deposited in a special account and used by the city to administer and enforce the provisions of this section.
Any person who shall violate any of the provisions of this article shall, upon conviction, be punishable by a fine not less than one hundred dollars ($100) or more than one thousand dollars ($1,000) or by imprisonment for a term not to exceed ten (10) days, or by both such fine and imprisonment and each day that a violation continues shall be deemed to constitute a separate offense.
Adoption Fees
Dogs
$25
Cats
$20
Kittens
$20
Surrender Fees
Dogs
$20
Cats
$15
Redemption, City Resident
First day
$15
Each day thereafter
$5
Redemption, Non-City Resident
First day
$35
Each day thereafter
$5
Ten-Day Quarantine
Due to bite
$60
Disposal/Cremation
All Pets
$25
Note all adopted animals must be spayed or neutered prior to adoption. Owner is to incur the cost, along with license fee. All surrendered cats and dogs must be neutered along with proof of up-to-date vaccinations to avoid additional fees. The shelter has the right to refuse surrendered animals.
A property within the City of Perth Amboy shall be limited to four (4) dogs, with the exception of those having a valid commercial kennel license. Apartment complexes shall be exempted from this section, subject to the requirements of such apartment complex.
An owner desirous of owning and maintaining a number of dogs in excess of that permitted by this chapter shall have the right to make application to the City of Perth Amboy Council for a waiver of the maximum number of animals permitted under this chapter. The application for a hearing before the City Council must be submitted not less than ten (10) days prior to a regularly scheduled City Council meeting, with notice published in the official newspaper of the City of Perth Amboy ten (10) days prior to said meeting, and giving written notice to all property owners within two hundred (200) feet of the applicant's property. The applicant shall obtain a certified list of all property owners within two hundred (200) feet of his/her property from the City of Perth Amboy Tax Assessor's office.
A. 
Type of notice.
(1) 
Notice must be made to all property owners within two hundred (200) feet of the applicant's property by regular and certified mail, return receipt requested, with proof of service being presented to the City Council at the time of the hearing with an affidavit setting forth the mailing has been made to the appropriate property owners.
B. 
Form of notice.
(1) 
The notice shall set forth the following:
(a) 
Name and address of the applicant.
(b) 
If different than Section 199-31B(1)(a) above, the address and lot and block number of the household or dwelling unit for which the applicant is requesting a number of dogs in excess of the ordinance requirement.
(c) 
The nature of the waiver requested, setting forth the number of dogs requested in excess of the ordinance requirement.
(d) 
The date, time and place of the hearing before the City Council.
C. 
Considerations for granting of waiver, burden of proof and vote.
(1) 
By majority vote of quorum of the City Council, the Council may grant or deny an application for a request for a waiver based upon a preponderance of evidence that the applicant has demonstrated good cause for the granting of such waiver. In examining whether or not a waiver should be granted, the City Council shall consider the following:
(a) 
The size of the property of the applicant where the animals are intended to be kept.
(b) 
The distance between the location of where the animals are intended to be kept on the applicant's property and the physical location of an adjacent property owner's home or dwelling unit.
(c) 
Whether the applicant's household is an apartment, condominium or townhouse or a single-family detached dwelling.
(d) 
Whether the applicant's property is fenced so as to shield the dogs from the sight of the surrounding property owners.
(e) 
Whether the dogs are kept in the applicant's home or remain primarily outside of the applicant's home.
(f) 
The breed and size of the dog.
(g) 
The prior history of complaints filed against the applicant for violation of this chapter.
(h) 
The zoning district of the applicant's property.
(i) 
Whether the animals serve some purpose related to the applicant's use of his/her property, i.e., whether the dogs are utilized for security.
(j) 
For other such reasons as the Council may feel appropriate to consider according to the case, facts and circumstances presented to the Council.
D. 
State number of animals.
(1) 
Should the Council grant the applicant's request for a waiver, the Council shall set the number of dogs permitted for the applicant's household or dwelling unit in excess of that permitted by the ordinance.
E. 
Revocation of waiver.
(1) 
A waiver granted by the City Council to an applicant for a waiver may be revoked by the Council by proper application made by a City official, member of the City Police Department or an individual by making application to the City Council at least ten (10) days prior to a City Council meeting and by serving notice upon the owner by regular or certified mail, return receipt requested, of the application for revocation of the waiver. The notice shall also include a factual basis for the requested revocation. A hearing shall then be held by the City Council on the application for revocation. The council will evaluate the application for revocation of waiver based upon the same criteria previously set forth herein under Section 199-31C(1)(a) through (j) of this chapter.
[Amended in entirety 2-28-2018 by Ord. No. 1877-2018]
It shall be unlawful for any person to willfully or maliciously torture, torment, beat, kick, strike, mutilate, injure, disable or kill any dog used by the Police Department of the City of Perth Amboy in the performance of the functions or duties of such Department or to interfere with or meddle with any such dog while being used by said Department or any member thereof in the performance of any of the functions or duties of said Department or of any officer or member of said Department.
Any person violating the provisions of this article shall, upon conviction thereof, be punished by a fine not exceeding five hundred dollars ($500) or imprisonment for a term not exceeding sixty (60) days, or both, at the discretion of the Municipal Judge of the City of Perth Amboy.
First offense penalty not to exceed $2,500 nor less than $500 per offense.
A. 
No person shall abandon any dog, cat or other domestic animal anywhere throughout the confines of the City of Perth Amboy in the County of Middlesex.
B. 
Any person who shall own, keep or harbor a dog, cat or other pet shall provide it with proper and adequate food and water, proper shelter and protection from the weather and with humane care and treatment. No person shall beat, ill-treat, torment or otherwise abuse a dog, cat or other pet within the City, including but not limited to failure to provide prompt veterinary services for an injured or unhealthy animal.
C. 
No person shall beat, ill-treat, torment, cause intentional injury to or otherwise abuse any animal, wild or domesticated within the City. Failure to properly trap an animal or failure to properly monitor a set trap which subsequently causes an animal to become ill or die shall be deemed to constitute abuse under this section.
D. 
Tethering of animals. As used in this section:
(1) 
Tethering shall mean the restraining of an animal by the tying to any object or structure, including, without limitation, a house, tree, fence, post, garage, weight or shed, by any means, including, without limitation, rope, cord, leash or running line, but shall not include the use of a leash used to walk the animal or to forms of restraint used in the transportation of an animal.
(2) 
It shall be unlawful for any person to tether, fasten, tie, restrain or cause an unattended dog to be fastened, tied or restrained to houses, trees, fences, garages, stakes or other stationary or highly immobile objects by means of a rope, strap or other physical restraint for the purpose of confinement, except in circumstances where all of the following requirements are satisfied:
(3) 
The tethering is for a total of no more than six (6) hours within a twenty-four (24) hour period, with a maximum of two (2) hours at any one (1) interval and a minimum one (1) hour period between confinements.
(4) 
The tether is attached to the dog by a non-choke type collar, swivels at both ends, and attached to the stationary object by anchors, latches, or similar devices in a manner which the dog is able to move freely and prevents the tether from becoming entangled around the dog or any object so as to limit the dog's freedom within the tethered area or to prevent the dog, or any of its appendages, from becoming entangled by the tether.
(5) 
The tether shall be of a type commonly used for the size of the dog involved.
(6) 
The construction of the tether shall be of a lightweight, yet durable material, shall not exceed twenty (20%) percent of the animal's weight, and may not be thicker than one-eighth (1/8) inch.
(7) 
The tether must be a minimum of fifteen (15) linear feet in length, less than six (6) feet above the ground, and shall remain tangle free.
(8) 
The tethered dog has easy access to potable drinking water, edible food, dry ground, and adequate shade and/or shelter within the tethering area.
(9) 
The tethering area shall be clean, clear of obstructions and/or debris, and no less than one hundred fifty (150) square feet/per dog in total area.
(10) 
The dog, whether used for hunting, farming, breeding, or is an otherwise working dog, is regularly monitored while tethered for the aforementioned period of time.
(11) 
No dog shall be tethered by means of a choke-type, pinch-type, prong-type, or improperly fitting collar.
(12) 
Chains shall be prohibited for use as a tethering device.
(13) 
If there are multiple dogs, each dog shall be tethered separately and in such a manner that the tethers shall not become entangled with each other.
(14) 
No dog shall be tethered within five (5) feet of another person's property, public thoroughfare, and/or right-of-way.
(15) 
No dog shall be tethered in a location in which the tether would allow such dog to reach a potentially dangerous object or obstruction, including, but not limited to, a pool, fence, tree, post, railing, half wall or other object or area that poses a risk of injury or strangulation.
(16) 
No dog shall be tethered in a location where it may be approached by and attacked by another animal or people, without the chance to escape to a protected area.
(17) 
No dog shall be tethered at a vacant structure or premises for any purpose when it is not monitored by a competent adult who is present at the property for the duration of such tethering.
(18) 
Dogs that are not spayed or neutered shall not be tethered for any period of time.
(19) 
No dog that is sick or injured shall be tethered.
(20) 
No dogs shall be tethered between the hours of 10:00 p.m. and 7:00 a.m.
(21) 
No animal shall be left outside during snow storms, ice storms or thunderstorms or if the National Weather Service has issued a precipitation weather alert or storm warning.
(22) 
Nothing in this chapter shall restrict the police working dog from the performance of their Police duties.
No person shall breed dogs for sale with the suspicion of intent to sell within the City of Perth Amboy in the County of Middlesex. No person owning, keeping or harboring any dog shall permit it to mate. Any person possessing a pregnant unaltered dog or litter of puppies produced from their unaltered dog shall pay a penalty not to exceed five hundred dollars ($500) nor less than five dollars ($5) per offense.
A. 
No person shall interfere, hinder or harass an Animal Control Officer.
B. 
Fictitious reports. Reporting or causes to be reported to Animal Control Officers as offense or other incident within their concern knowing that it did not occur shall carry a penalty not to exceed $1,000 nor less than $250 for first offenses.