Editor's Note: Pursuant to Ordinance No. 1431, Animal
Control is under the supervision of the Department of Police.
[1976 Code § 5-1; Ord. No. 1431 § IV]
As used in this chapter:
Shall mean any dog which has attained the age of seven months
or which possesses a set of permanent teeth.
Shall mean, when applied to the proprietorship of a dog,
every person having a right of property in any dog and every person
who has a dog in his/her custody, and any person exercising control
over a dog or permitting a dog to remain on premises under his/her
control, or anyone who takes a dog out into the public streets, sidewalks
or public ways.
Shall mean an establishment for the confinement of dogs seized
under the provisions of this chapter or otherwise.
Shall mean any establishment where dogs are kept or housed
with charge.
Shall mean any dog which has attacked or bitten, or attempted
to attack or bite, any human being without provocation or which habitually
attacks other dogs or domestic animals, or destroys property.
[1976 Code § 5-2; Ord. No. 1431 § IV]
Licenses shall be required for the following dogs of licensing
age:
a.
Any dog owned and kept within the City on January 1 of any calendar
year.
b.
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.
c.
Any dog attaining licensing age during the course of the calendar
year.
d.
Any unlicensed dog brought into the City by any person and kept within
the City for more than 10 days.
e.
Any dog licensed by another State brought into the City by any person
and kept within the City for more than 90 days.
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Only one license and registration tag shall be required in any
licensing year for any dog owned in New Jersey, and the license and
tag issued by any other municipality of this State shall be accepted
by the City as evidence of compliance with this section.
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[1976 Code § 5-11; Ord. No. 1431 § IV]
a.
At the time of the issuance of each dog's license, a metal registration
tag shall be issued for each dog license and all licensed dogs shall
wear a collar or harness with the registration tag for that dog securely
fastened to it.
b.
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 attach a registration tag to a dog for
which it was not issued.
[1976 Code § 5-3; Ord. No. 1347 § I; Ord. No. 1431 § IV]
Each application for a dog license shall be made to the City
Clerk or such other person as shall be designated by the Mayor by
resolution and shall give the following information:
a.
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
or short haired variety.
b.
The name, street and post office address of the owner of the dog,
the name of the dog and the name of the person who shall keep the
dog or have custody of the dog if other than the owner.
c.
At all times when a resident attempts to obtain a license for a dog,
a copy of this section and its amendments shall be distributed to
the resident.
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Registration numbers shall be issued in the order in which applications
are received. The information on the application and the registration
number issued for the dog shall be preserved by the City Clerk or
other person who shall be designated by the City Mayor, for a period
of three years. In addition, the Clerk shall forward similar information
to the State Department of Health each month or such other period
as shall be required by the Department on forms furnished by that
Department.
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[1976 Code § 5-4; Ord. No. 1431 § IV]
Applications for licenses for dogs which are required to be
licensed by the provisions of this section shall be made before January
31 annually. In all other cases, the application for a license shall
be made within 10 days of the date upon which the dog in question
first becomes subject to the provisions of this section.
[1976 Code § 5-5; Ord. No. 708 § 1; Ord. No. 751 § 1; Ord. No. 1431 § IV]
The person applying for a dog license shall pay a fee of $4.20
for each dog. If he or she cannot prove to the satisfaction of the
Municipal Dog Licensing Official that the dog was spayed/neutered,
then the person applying for a dog license shall pay a fee of $7.20
for each dog. He/she shall also pay an additional $1 for the registration
of each dog. The same fee shall be charged for the annual renewal
of each license and registration fee.
[1976 Code § 5-6; Ord. No. 1431 § IV]
Dogs used as guides for blind persons and commonly known as
"seeing eye dogs" shall be licensed in the same manner as other dogs;
except that the owner shall not be required to pay any fee.
[1976 Code § 5-7; Ord. No. 751 § 2; Ord. No. 1431 § IV]
a.
License fees and other moneys collected or received under the provisions
of this section except the registration tag fees, shall be forwarded
to the Treasurer-Comptroller, or such other person as shall be designated
by the Mayor, within 30 days after collection or receipt and shall
be placed in a special account separate from any of the other accounts
of the City and shall be used for the following purposes only: Collecting,
keeping and disposing of dogs liable to seizure under this chapter;
local prevention and control of rabies; all other purposes prescribed
by the Statutes of the State governing the subject, and for administering
the provisions of this chapter.
b.
Any unexpended balance remaining in the special account shall be
retained therein until the end of third fiscal year following and
may be used for any of the purposes set forth in this subsection and
at the end of each fiscal year thereafter, there shall be transferred
from the special account to the general funds of the City any amount
then in the account which is in excess of the total amount paid into
the special account during the last two fiscal years next preceding.
$0.20 for each dog registered shall be forwarded to the New Jersey Department of Health by the City Clerk. In addition, if the owner of the dog had not established to the satisfaction of the Municipal Dog Licensing Official that the dog had been spayed/neutered and if the Municipal Dog Licensing Official had collected an additional $3 pursuant to subsection 5-2.5 above, then the additional $3 shall also be forwarded by the Clerk to the New Jersey Department of Health.
[1976 Code § 5-8; Ord. No. 1431 § IV]
Each dog license and registration tag shall expire on January
31 of the year following the year in which it was issued.
[1976 Code § 5-9; Ord. No. 1431 § IV; deleted by Ord. No. 1615 (2017) § 13]
[1976 Code § 5-10; Ord. No. 1431 § IV]
a.
No person shall own a dog within the City unless it has been vaccinated
against rabies.
b.
Vaccinations shall be performed by a veterinarian licensed to practice
in the State. The vaccine used shall be from a manufacturer licensed
by the Bureau of Animal Husbandry of the United States Department
of Agriculture, or such other agency as shall be approved by the State
Department of Health. The dosage shall be as recommended by the manufacturer.
All dogs shall be revaccinated before the expiration of the period
of time for which the vaccine used is known to be effective.
c.
The Health Officer may exempt any dog from the provisions of this
subsection if there is presented to him/her a certificate from a licensed
veterinarian stating that it would be undesirable to vaccinate a particular
dog for a specified period of time because of the dog's age, infirmity
or other physical condition.
d.
No vaccination shall be required for any dog confined in a licensed
kennel, pet shop, shelter, pound or veterinary hospital.
e.
The fact that a dog has been vaccinated against rabies shall be evidenced
by a certificate from the veterinarian performing the vaccination.
The certificate shall either be on a form approved by the Health Officer
or a State or County Board of Health Officer, or a standard immunization
certificate used by the veterinarian. The certificate shall be presented
to the Health Officer within 10 days after each vaccination. In the
case of dogs vaccinated before being brought into the City, the certificate
shall be presented to the Health Officer within 10 days after the
dog is brought into the City.
f.
No dog license shall be issued until the certificate indicating that
he/she has been vaccinated against rabies or the certification that
it is not necessary to vaccinate him/her is endorsed by the City Health
Officer or other designated person has been presented to the City
Clerk.
[1976 Code § 5-12; Ord. No. 1431 § IV]
No person shall own any dog which habitually cries or barks
in a manner that would disturb a reasonable person, particularly between
the hours of 10:00 p.m. and 6:00 a.m.
[1976 Code § 5-13; Ord. No. 1431 § IV]
a.
No person owning a dog shall permit it to run at large upon the public
streets, Promenade, beaches or in any public park, or in any public
building, or in any other public place within the City, nor permit
a dog to run at large upon private property without the permission
of the owner.
b.
No person owning a dog shall permit it to be upon the public streets
or in any other public place in the City unless the dog is accompanied
and controlled by a person over the age of 12 and is securely fastened
to an adequate leash not more than six feet long.
[1976 Code § 5-14; Ord. No. 1431 § IV; Ord. No. 1504 (2011) § XVII; amended 12-22-2020 by Ord. No. 1658]
Even though muzzled and on leash, it shall be unlawful for any dog or other animal to be upon the beaches of the City from March 15 through September 30, which include open beach space areas as defined in Subsection 21-4.4 of this Code and all amendments thereto, and any other public beach area of the City or promenade as it now exists and any extensions thereof. Also, even though muzzled and on leash, it shall be unlawful for any dog or other animal to be upon the parks or recreation areas of the City, including those that have been reserved or where permits for events have been granted, and all those enumerated in Chapter 20 of this Code. This prohibition shall apply year-round.
[1976 Code § 5-15; Ord. No. 1347 § II; Ord. No. 1431 § IV]
a.
No person owning or in control of a dog shall permit it to damage
any lawn, shrubbery, flowers, grounds or other property.
b.
Any operator of a motor vehicle who accidentally strikes a dog or
cat shall stop and render such assistance to the dog or cat as may
be possible, provided it could be accomplished safely and without
danger to the motorist, pedestrians or other motorists.
c.
The operator of motor vehicle involved in such an accident shall
promptly report such injury or death to the appropriate law enforcement
agency.
[1976 Code § 5-15.1; Ord. No. 735 §§ 1-3; Ord. No. 1367 § I; Ord.
No. 1431 § IV]
a.
No person owning, harboring, keeping or in charge of any dog, shall
cause, suffer or allow such a dog to soil, defile, defecate on or
commit any nuisance on any common thoroughfare, sidewalk, passageway,
by-pass, bay area, park, beach, promenade 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 the property.
b.
Notwithstanding anything contained in paragraph a to the contrary,
the restrictions as set forth above shall not apply to that portion
of the street lying between the curblines, which shall be used to
curb such dog upon the following conditions:
c.
All feces deposited by a dog or a cat, on either public or private
property, must be removed and disposed of in a sanitary manner. Used
kitty litter must also be disposed of in a sanitary manner. To be
disposed of in a sanitary manner, the feces or kitty litter must be
in a bag that is closed or sealed before being discarded in a trash
container.
d.
Any person found guilty of any violation of this subsection shall
be subject to a fine not exceeding the sum of $200 or imprisonment
in the county jail for a term not to exceed 90 days, or both.
[1976 Code § 5-16; Ord. No. 1431 § IV]
No person shall hinder, molest or interfere with anyone authorized
or empowered to perform any duty under this chapter.
[1976 Code § 5-17; Ord. No. 1431 § IV]
a.
It shall be the duty of the Chief of Police or a police officer designated by him/her or by such other person as shall be designated by the Mayor to receive and investigate complaints against dogs. If this person deems any dog complained of to be a vicious dog, as defined in Section 5-1, he/she shall report his/her findings in writing to the Judge of the Municipal Court of the City.
b.
The Judge of the Municipal Court shall notify in writing the owner
of an allegedly vicious dog that a complaint has been made and require
the owner to appear before him/her at a stated time and place for
a hearing. The Municipal Court shall conduct the hearing in the same
manner as it would conduct the trial of a criminal case. If the Court
decides that the dog complained of is a vicious dog, it shall so notify
the owner of the dog.
c.
No person owning or having control of a dog which has been determined
to be a vicious dog shall permit it to be off the property of the
owner without being securely muzzled and leashed.
[Ord. No. 1347 § III; Ord. No. 1431 § IV]
Any person owning or having control of a dog shall enclose the
animal pursuant to the following:
a.
Dogs should be enclosed and properly provided for pursuant to N.J.S.A.
4:22-17 within a house, building, properly maintained fence, pen or
other enclosure.
b.
Pens or other enclosures for each dog must be a minimum of four feet
in height and a minimum square footage as follows: 1 dog 64; 2 dogs
96; 3 dogs 144; 4 dogs 196; over 4 dogs an additional 24 square feet
for each dog.
c.
The pens or other enclosures shall include a soundly constructed,
safely positioned and properly maintained doghouse.
d.
Doghouses shall contain bedding such as straw or other absorbent
material in a sufficient quantity to provide adequate insulation for
the house. Bedding shall be maintained in a dry condition and renewed
or changed as necessary.
e.
Persons owning, harboring, keeping or in charge of any dog will exercise
diligence and reasonable care to keep any dog under restraint. In
circumstances in which the dog is not located in the premises owned,
leased or rented by the caretakers, guardians or handlers, dogs must
be handled in a humane manner pursuant to N.J.S.A. 4:22-17.
f.
Persons owning, harboring, keeping or in charge of any dog may attempt
to prevent said dogs from leaving the premises by installing an Invisible
fence®. Persons owning, harboring,
keeping or in charge of any dog are responsible for the maintenance
of the Invisible fence® and shall exercise
diligence to keep the fence in proper working order.
[Ord. No. 1347 § III; Ord. No. 1431 § IV]
Any person owning or having control of a dog shall maintain
the animal pursuant to the following:
a.
Dogs must be able to move freely when chained or tethered and shall
be confined for a period no greater than nine hours without a twenty-four-hour
period. The size of the tether or chain must be a minimum of 15 linear
feet and shall remain tangle free. Dogs must be equipped with properly
fitted harness or buckle type collars. The tether or chain shall be
constructed of lightweight cable. A doghouse shall be accessible to
dogs that are chained or tethered.
b.
Dogs that are not spayed or neutered will not be allowed to be chained
for any period of time and must be in a completely enclosed yard or
housed indoors.
c.
No dogs may be chained after the hours of 10:30 p.m. in the evening.
[Ord. No. 1347 § IV; Ord. No. 1431 § IV]
a.
No persons owning, harboring, keeping or in charge of any dog shall
withhold proper shelter protection from weather, veterinary care and
immune care to any animal. No persons owning, harboring, keeping or
in charge of any dog shall fail to provide his or her animal with
sufficient food and drinkable water on a daily basis. Food and water
must be in an animal food consumption or water consumption type container,
feeder or waterer.
b.
No animal shall be subjected to unnecessary suffering and cruelty
such as subjecting the animal to prolonged fear, injury, pain or physical
abuse, interaction with humans and other animals shall not be unreasonably
withheld.
[1976 Code § 5-18; Ord. No. 1431 § IV]
The Animal Warden of the City or such other person as shall
be designated by a resolution of the Mayor or his/her agent, shall
take into custody and impound any of the following dogs:
a.
Any dog off the premises of the owner which the Animal Warden or
such other person provided for herein has reason to believe is a stray
dog;
b.
Any dog off the premises of the owner of the dog without a current
registration tag on its collar;
c.
Any female dog in season off the premises of the owner;
d.
Any dog which has been determined to be a vicious dog which is not
muzzled;
e.
If any dog impounded or seized wears a registration tag attached
to its collar or harness having inscribed on it or attached to it
the name and address of any person or the owner of the dog, a notice
shall immediately be served on the person whose address is given on
the collar or on the person owning the dog, stating that the dog has
been seized and will be liable to be disposed of or destroyed if not
claimed within seven days after the service of the notice;
f.
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 dog's 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.
[1976 Code § 5-19; Ord. No. 1431 § IV]
a.
When any dog seized has been detained for seven days after notice
can be given as set forth, or has been detained for seven days after
seizure when notice has not been and cannot be given as set forth,
and if the owner or person keeping or harboring the dog or whose name
is on the tag of registration, has not claimed the dog and paid all
expenses incurred by reason of its detention, including a redemption
fee of no more than $8 plus a maintenance fee of $1.50 a day and if
the dog be unlicensed at the time of the seizure and the owner or
person keeping or harboring or having custody of such dog has not
produced a license and registration tag for such dog, the Animal Warden
or other person authorized by him/her or by the Mayor shall cause
the dog to be destroyed in as humane a manner as possible, causing
as little pain as possible, or the dog may be adopted by a responsible
party. All of the mentioned fees shall be paid directly to the Animal
Warden.
b.
Any officer or agent authorized or empowered to perform any duty
under this chapter is hereby authorized to go upon any premises to
seize or impound any dog or dogs which he/she may lawfully seize and
impound when the officer is in immediate pursuit of the dog or dogs,
except upon the premises of the owner of the dog if the owner is present
and forbids the same.
[1976 Code § 5-20; Ord. No. 1431 § IV]
a.
When
any dog attacks or bites a human being, the Pound Master or the Health
Officer may order the owner of the dog to confine it, either on the
owner's premises or at any other reasonable location which the Pound
Master or the Health Officer designates, for a period of 10 days,
at least. The expense of confining the dog shall be borne by the owner.
b.
The
Health Officer or any other person designated by the Division of Health,
shall have the right to examine any dog confined under the provisions
of paragraph a at any reasonable time, including daily examinations
for a period of 10 days after the dog has attacked or bitten any person,
to ascertain whether the animal shows symptoms of rabies.
c.
Regardless
of whether or not the period of time for which the owner was directed
to confine the dog has expired or not, no dog confined under the provisions
of paragraph a shall be released from quarantine until the Division
of Health issues a certificate of release. The certificate shall only
be issued after either the person designated by the Division of Health
to examine the dog or some other licensed veterinarian has certified
in writing that the animal appears to be healthy and free from rabies.
d.
Whenever
the Pound Master or the Health Officer is notified by the State Department
of Health or determines himself/herself that there is danger of an
epidemic of rabies in the City, he/she shall order all persons owning
dogs confined to their premises. Notice that an order has been issued
may be either written or oral and may be served personally, by mail,
by publication in newspapers circulating in the City, by conspicuously
posting it in public places, or by any other method calculated to
actually reach the persons affected.
[1976 Code § 5-21; Ord. No. 1431 § IV]
The Mayor shall have the power to appoint an Animal Warden or
Pound Master, whose duty it is, together with the Police of the City,
to enforce the provisions of this chapter. The Mayor shall also have
the power to appoint one or more persons to be known as Dog Catchers,
who may impound dogs subject to seizure under the provisions of this
chapter.
[1976 Code § 5-22; Ord. No. 1431 § IV]
Any person who operates or proposes to establish a kennel, pet
shop, shelter or pound in the City shall apply to the City Clerk for
a license entitling him to keep or operate such an establishment.
Any person holding such a license shall not be required to secure
individual licenses for dogs owned by him or dogs kept or boarded
at his/her establishment. The licenses shall not be transferable to
another owner or different premises.
[1976 Code § 5-23; Ord. No. 1431 § IV]
The application for license shall contain the following information:
a.
The name and permanent local address of the applicant;
b.
The street address where the establishment is located or proposed
to be located, together with a general description of the premises;
c.
The purposes for which it is to be maintained;
d.
The maximum number of dogs to be accommodated by such an establishment
at any one time.
[1976 Code § 5-24; Ord. No. 1431 § IV]
No license shall be issued until the proposed licensee submits
a written statement from the Health Officer of the City or the County
that the establishment or the proposed establishment complies with
the local and State rules governing the location of and sanitation
of such establishments. The premises shall be subject to all applicable
State laws, and rules and regulations of the State Department of Health.
[1976 Code § 5-25; Ord. No. 1431 § IV]
All licenses issued for a kennel, pet shop, shelter or pound
shall state the purpose for which the establishment is maintained
and shall expire on January 31 of each year.
[1976 Code § 5-26; Ord. No. 1431 § IV]
The annual license fees for kennel and pet shop licenses shall
be as follows:
[1976 Code § 5-27; Ord. No. 1431 § IV]
a.
License fees and other moneys collected or received under the provisions
of this section shall be forwarded to the Treasurer-Comptroller within
30 days after collection or receipt and shall be placed in a special
account separate from any of the other accounts of the City and shall
be used for the following purposes only: Local prevention and control
of rabies; providing anti-rabies treatment under the direction of
the local Board of Health for any person known or suspected to have
been exposed to rabies; all other purposes prescribed by the State
Statutes governing the subject and for administering the provisions
of this chapter.
b.
An unexpended balance remaining in the 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 subsection. At the
end of the 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 City any amount then in the account which
is in excess of the total amount paid into the special account during
the last two fiscal years next preceding.
[1976 Code § 5-28; Ord. No. 1431 § IV]
a.
All licenses issued for a kennel, pet shop, shelter or pound shall
be subject to revocation of the Board of Commissioners on recommendation
of the State Department of Health or the local Health Officer of the
City or the County Health Department for failure to comply with the
rules and regulations of the State Department of Health or the Health
Officer of the County or the City, after the owner has been afforded
a hearing by either the State Department of Health or the Health Officer
of the County or the Health Officer of the City.
b.
Any person holding a license to establish, keep or operate a kennel,
pet shop, shelter or pound shall comply with all City ordinances and
the rules and regulations promulgated by the State Department of Health,
the County Health Department, and the City governing the sanitary
conduct and operation of kennels, pet shops, shelters and pounds,
the preservation of sanitation therein and the preservation of the
spread of rabies and other diseases of dogs within and from such establishments.
[1976 Code § 5-29; Ord. No. 1431 § IV]
The City Clerk shall forward to the State Department of Health
a list of all kennels, pet shops, shelters and pounds licensed within
30 days after the licenses therefor are issued, which list shall include
the names and addresses of licensees and the kinds of licenses issued.
[1976 Code § 5-30; Ord. No. 1431 § IV]
No dog kept in a kennel, pet shop, shelter or pound shall be
permitted off the premises except on a leash or in a crate or under
other safe control.
[1976 Code § 5-31; Ord. No. 1431 § IV]
The violation of this section shall result in a fine up to the
sum of $50 on complaint filed before the Municipal Court by the Health
Officer or any official of the local Board of Health or their duly
designated representatives.
[New; Ord. No. 1347 § V; Ord. No. 1431 § IV]
Any person who shall violate the provisions of Section 5-2 shall be liable for a penalty of not less than $5 or more than $50 for the first offense, and not less than $10 nor more than $50 for each subsequent offense, to be recovered in the manner provided by N.J.S.A. 4:19-15.19 et seq. Any person who shall violate any other provision of this chapter shall be liable for a fine of not less than $50 nor more than $500 or imprisonment not to exceed 90 days or both provided however, that the Court shall waive or suspend any fines if the Court determines it is appropriate to do so, for the first offense, and not less than $100 for the second offense, and for each subsequent offense, shall be liable, upon conviction, for the penalty stated in Chapter 1, Section 1-5. Each day in which such violation continues shall be deemed to constitute a separate offense. Furthermore, the Court may order restitution be paid to any agency that incurs expenses related to the investigation and prosecution of any offender of this chapter.
