[Adopted 6-11-1980 by Ord. No. 22-6]
As used in this chapter:
- Shall mean any dog, bitch or spayed bitch, dog hybrid.
- DOG OF LICENSING AGE
- Shall mean any dog which has obtained the age of seven months or possesses a set of permanent teeth.
- Shall mean any person exercising control over a dog or permitting a dog to remain on premises under his control.
- When applied to the proprietorship of the dog includes every person having ownership of such dog, a right or property in such dog or every person who has such dog in his keeping.
- POTENTIALLY DANGEROUS DOG
- Shall mean any dog or dog hybrid declared potentially dangerous by a Municipal Court pursuant to N.J.S.A. 4:19-23.
- Shall mean an establishment for the confinement of dogs seized under the provisions of this section or otherwise.
- VICIOUS DOG
- Shall mean any dog which has attacked or bitten any persons or which habitually attacks other dogs or domestic animals and any dog or dog hybrid declared vicious by a municipal court pursuant to N.J.S.A. 4:19-22.
Licenses shall be required for the following dogs of licensing age:
Any dog owned or kept within the Borough by a resident of the Borough on the first day of January of any calendar year.
Any dog acquired by any person during the course of any calendar year and kept within the Borough for more than 10 days after acquisition.
Any dog attaining licensing age during the course of the calendar year.
Any unlicensed dog brought into the Borough by any person and kept within the Borough for more than 10 days.
Any dog licensed by another State brought into the Borough by any person and kept within the Borough for more than 90 days.
Each application for a license under this section shall give the following information:
A general description of the dog sought to be licensed, including breed, sex, age, color and markings, and whether such dog is of a long or short haired variety.
Name, street, and post office address of the owner of, and the person who shall keep or harbor, such dog.
Registration numbers shall be issued in the order in which applications are received.
Applications for licenses for dogs which are required to be licensed by the provisions of Subsection 5-2.1a shall be made before the last day of January of each calendar year. In all other 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.
The Borough Clerk or other official designated by the Mayor and Council shall not grant any such license and official metal registration tag 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, Education, and Welfare, or has been certified exempt as provided by regulations of the State Department of Health. Such vaccination shall be repeated at intervals as provided by regulations of the State Department of Health, and shall be administered by a duly licensed veterinarian or by such other veterinarian permitted by law to do the same. The State Department of Health shall promulgate regulations providing for the recognized duration of immunity, interval of inoculation, certificate of vaccination, certificate of exemption, and such other related matters. (N.J.S.A. 4:19-15.2a)
The information on all applications under this section and the registration number issued to each licensed dog shall be preserved for a period of three years by the Borough Clerk. In addition, he shall forward similar information to the State Department of Health each month on forms furnished by the department.
[Ord. No. 22-6C]
Annual. The person applying for a license shall pay a local annual license fee of $7 for each dog. In addition thereto, the applicant shall pay all mandated State fees which shall be transmitted by the Borough to the State of New Jersey as required by law including, but not necessarily limited to, a $1 annual registration fee, N.J.S.A. 4:19-15.3, a $0.20 annual fee to be placed in the Pilot Clinic Fund, N.J.S.A. 4:19-15.3c., and, if proof of permanent alteration of reproductive capacity of a dog of reproductive age is not produced, an annual fee of $3 for the Animal Population Control Fund, N.J.S.A. 4:19-15.3b. The same fees shall be charged for annual renewal of each license. (N.J.S.A. 4:19-15.3)
Late Fee. Failure to obtain or to renew a license as required by this section shall result in a graduated penalty fee of an additional $1 for each month or fraction thereof, cumulative, that such application or renewal is delinquent as set forth below.
Example of Graduated Penalty Fee
Each dog license and registration tag shall expire on the last day of January of the calendar year following the calendar year in which it was issued.
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. (N.J.S.A. 4:19-15.3)
License fees and other monies collected or received under the provisions of this chapter except the registration tag fees, shall be forwarded to the Borough Treasurer 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 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; 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 statutes of New Jersey governing the subject, and for administering the provisions of this section. 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 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 the special account during the last two fiscal years next preceding.
The registration tag fee of $1 for each dog shall be forwarded within 30 days after collection by the Clerk to the State Department of Health.
The Code Enforcement Officer or any other individual designated by the Mayor and Council shall annually cause a canvass to be made of all dogs owned, kept or harbored within the limits of the Borough and shall report to the Borough Clerk, the Board of Health and the State Department of Health the results thereof, setting forth in separate columns the names and addresses of persons owning, keeping or harboring dogs, the number of licensed dogs owned, kept or harbored by each person, together with the registration number of each dog; the number of unlicensed dogs owned, kept or harbored by each person, together with a complete description of each unlicensed dog.
It shall be the duty of the Code Enforcement Officer or any other individual designated by the Mayor and Council and the Animal Control Officer to receive and/or investigate complaints against dogs.
It shall be the duty of the Code Enforcement Officer and the Animal Control Officer to receive and investigate complaints against dogs.
Definitions. As used in this chapter:
- POTENTIALLY DANGEROUS DOG
- Shall mean any dog or dog hybrid declared potentially dangerous by a Municipal Court pursuant to the provisions of N.J.S.A. 4:19-23. (N.J.S.A. 4:19-18)
Findings to Declare Dog Potentially Dangerous.
The Municipal Court shall declare a dog to be potentially dangerous if it finds by clear and convincing evidence that the dog:
Caused bodily injury as defined in N.J.S.A. 2C:11-1(a) to a person during an unprovoked attack, and poses a serious threat of bodily injury or death to a person, or
Has been trained, tormented, badgered, baited or encouraged to engage in unprovoked attacks upon persons or domestic animals.
Order and Schedule for Compliance; 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:
Shall require the owner to comply with the following conditions:
To apply, at his own expense, to the Borough Clerk or other official designated to license dogs pursuant to N.J.S.A. 4:19-15.2, for a special municipal potentially dangerous dog license, municipal registration number, and red identification tag issued pursuant to N.J.S.A. 4:19-30. 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 municipal potentially dangerous dog license, municipal registration number, and red identification tag;
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 50 feet of the enclosure required pursuant to Subsection c.1(c) below;
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 feet in height separated by at least three 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 enclosure, 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 feet from the owner and under the direct supervision of the owner;
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. (N.J.S.A. 4:19-24)
Duties of Owner. The owner of a potentially dangerous dog shall:
Comply with the provisions of N.J.S.A. 4:19-17 et seq. in accordance with a schedule established by the Municipal Court, but in no case more than 60 days subsequent to the date of determination;
Notify the licensing authority, the Code Enforcement Officer, and the Animal Control Officer if a potentially dangerous dog is at large, or has attacked a human being or killed a domestic animal;
Notify the licensing authority, the Code Enforcement Officer, and the Animal Control Officer within 24 hours of the death, sale or donation of a potentially dangerous dog;
Prior to selling or donating the dog, inform the prospective owner that the dog has been declared potentially dangerous;
Upon the sale or donation of the dog to a person residing in a different municipality, notify the licensing authority, Police Department, and Animal Control Officer of that municipality of the transfer of ownership and the name, address and telephone of the new owner; and
In addition to any license fee required pursuant to section N.J.S.A. 4:19-15.3, pay a potentially dangerous dog license fee to the municipality as provided by N.J.S.A. 4:19-31. (N.J.S.A. 4:19-28)
Violations by Owner; Penalties; Enforcement; Seizure and Impoundment of Dog; Destruction by Order of Court. The owner of a potentially dangerous dog who is found by clear and convincing evidence to have violated this act, 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 more than $1,000 per day of the violation, and each day's continuance of the violation shall constitute a separate and distinct violation. 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 N.J.S.A. 4:19-17 et seq., 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. (N.J.S.A. 4:19-29)
Registration Number, Red Identification Tag and License. The Borough shall:
Issue a potentially dangerous dog registration number and red identification tag along with a municipal 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 digits of each potentially dangerous dog registration number issued by the Borough will be the three number code assigned to the municipality in the regulations promulgated pursuant to N.J.S.A. 4:19-33. The Animal Control Officer shall verify, in writing, compliance to the Borough Clerk or other official designated to license dogs in the municipality;
Publicize a telephone number for reporting violations of this section and N.J.S.A. 4:19-17 et seq. (N.J.S.A. 4:19-30)
License Required; Fee. The owner or keeper of any dog declared to be potentially dangerous shall obtain a license from the Borough and an annual fee of $150. The license shall be issued according to the provisions of N.J.S.A. 4:19-30. (N.J.S.A. 4:19-31)
Definitions. As used in this chapter:
- VICIOUS DOG
- Shall mean any dog or dog hybrid declared vicious by a Municipal Court pursuant to N.J.S.A. 4:19-22. (N.J.S.A. 4:19-18)
Findings to Declare Dog Vicious; Grounds.
The Municipal Court shall declare the dog vicious if it finds by clear and convincing evidence that the dog:
A dog shall not be declared vicious for inflicting death or serious bodily injury as defined in N.J.S.A. 2C:11-1(b) upon a person if the dog was provoked. The municipality shall bear the burden of proof to demonstrate that the dog was not provoked.
If the Municipal Court declares a dog to be vicious, and no appeal is made of this ruling pursuant to section N.J.S.A. 4:19-25, the dog shall be destroyed in a humane and expeditious manner, except that no dog may be destroyed during the pendency of an appeal. (N.J.S.A. 4:19-22)
The Animal Control Officer shall take into custody and impound, or cause to be taken into custody and impounded, any of the following dogs:
Any unlicensed dog running at large in violation of the provisions of this chapter.
Any dog off the premises of the owner of or the person keeping or harboring the dog which the Animal Control Officer or his agent has reason to believe is a stray dog.
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.
Any female dog in season off the premises of the owner of or the person keeping or harboring such dog.
Any dog or other animal which is suspected to be rabid.
Any dog which has attacked a person or animal pursuant to N.J.S.A. 4:19-19.
Any dog which has been determined to be a vicious or potentially dangerous dog as provided in § 5-6, provided that these dogs may also be seized by any police officer, Code Enforcement Officer or any other individual designated by the Mayor and Council of the Borough, and provided further that if the dogs cannot be seized with safety, they may be killed.
Any officer or agent authorized or empowered to perform any duty under this chapter is hereby authorized to go on any premises to seize for impounding any dog which 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.
If any dog so impounded or seized wears a registration tag, collar, harness or microchip showing the name and address of any person, or the owner of 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.
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 microchip, or by forwarding it by mail 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 or microchip.
The Animal Control Officer is authorized and empowered to cause the destruction of any unclaimed dog, in as humane a manner as possible, under any of the following contingencies:
When any dog so seized has not been claimed by the person owning, keeping or harboring the dog within seven days after notice or within seven days of the dog's detention when notice has not been or cannot be given, as set forth in the previous subsection.
If the person owning, keeping or harboring any dog so seized has not claimed the dog and has not paid all expenses incurred by reason of its detention, including maintenance, not to exceed $5 for the first day, and $1 per day for each additional day.
If the seized dog is unlicensed at the time of its seizure and the person owning, keeping or harboring the dog has not produced a license and registration tag as provided in this chapter.
No person shall own, keep or harbor a dog in the Borough except in compliance with the provisions of this chapter and the following regulations.
All dogs which are required by the provisions of this chapter to be licensed shall wear a collar or harness with the registration tag for the dog securely fastened thereto.
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.
No person shall hinder, molest or interfere with anyone authorized or empowered to perform any duty under this chapter.
No person shall own, keep, harbor or maintain any dog which habitually barks or cries.
[Ord. No. 22-6A]
Every person owning, keeping, or harboring any dog shall prevent it from running at large upon the public streets or in any public park, public building or other public place within the Borough. It is the affirmative duty of any person owning, keeping or harboring any dog to insure that said dog shall not run at large upon the public streets, or in any public park, public building or other public place within the Borough. The failure to so prevent any dog from running at large upon the public streets or in any public park, public building or other public place within the Borough shall be deemed a violation of this section punishable by the penalty set forth in § 5-22.
No person owning, keeping or harboring any dog shall permit it to be upon the public streets or in any of the public places of the Borough unless such dog is accompanied by a person over the age 12 years and is securely confined and controlled by an adequate leash not more than eight feet long.
No person owning, keeping or harboring a dog shall permit it to do any injury, or to do any damage to any lawn, shrubbery, flowers, grounds or property.
When it has been determined by a physician that a person has been bitten by a dog, the individual, or his parent or guardian if he is a minor, shall immediately notify the Health Officer. When the owner or keeper of any dog is notified by the Health Officer that the dog has bitten any individual or individuals, the owner or keeper of the dog must comply with the following procedures:
Have the dog examined by a licensed veterinarian within 12 hours.
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 re-examined by a veterinarian and a written report of the dog's state of health sent to the Health Officer.
The Borough Council may, by proclamation, require all dogs and cats to be quarantined during any period in each year which may seem advisable to the Council.
The Borough Council shall have the power to appoint an Animal Control Officer whose duty it shall be to enforce the provisions of this chapter. The Council shall also have the power to appoint one or more persons, to be known as dog catchers, who may impound unlicensed dogs running at large in violation of the provisions of this chapter, and who shall make monthly and annual reports to the Council.
Any person who violates or who fails or refuses to comply with N.J.S.A. 4:19-15.2, Dogs; license and metal registration tag required; placing tag on dog, N.J.S.A. 4:19-15.4, Time for applying for license; N.J.S.A. 4:19-15.6, Dogs brought into State; N.J.S.A. 4:19-15.7, Removing tag from dog without owner's consent; attaching tag to another dog; N.J.S.A. 4:19-15.8, License for kennel, pet shop, shelter or pound; N.J.S.A. 4:19-15.10, Kennels, pet shops, shelters or pounds; permitting dogs to go off premises; and N.J.S.A. 4:19-15.18, Interfering with persons performing duties under act, or the rules and regulations promulgated by the State Department of Health pursuant to N.J.S.A. 4:19-15.14, shall be liable to a penalty of $50 for each offense. (N.J.S.A. 4:19-15.19)
Unless otherwise provided by law or herein, any person or persons who shall violate any provision of this chapter shall, upon conviction thereof, be subject to a fine, not exceeding $200 or imprisonment up to 90 days; or to both such fine and imprisonment, in the discretion of the Court.
[Added 10-28-2019 by Ord. No. 19-05]
This section shall establish requirements for the proper disposal of pet solid waste in the Borough of Roosevelt to protect public health, safety and welfare, and to prescribe penalties for failure to comply.
For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings stated herein:
- Shall mean that the pet solid waste is removed at once, without delay.
- Any person who shall possess, maintain, house or harbor any pet or otherwise have custody of any pet, whether or not the owner of such pet.
- Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
- 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.
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, not owned or possessed by that person.
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.
Any owner or keeper who demonstrates by clear and convincing evidence that a disability or other physical or mental limitation prevented his or her compliance with this section shall be exempt from the provisions of this section.
The provisions of this section shall be enforced by the Code Enforcement Official of the Borough.
Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine not to exceed $50 for a first offense; $100 for a second offense; $250 for a third offense; and up to $1,000 for a fourth or subsequent offense.
[Added 9-11-1963 by Ord. No. 66]
It shall be unlawful for any person, or persons, partnerships, associations or corporations to permit any horse, cattle, swine, goat, poultry or other animal owned, kept, harbored or maintained by him, them or it, to run at large in the Borough of Roosevelt. For the purpose of this chapter, the term "at large" shall be interpreted to mean an animal moving about unattended by at least one person and under no control by halter, harness, rope, leash or other proper controlling device.
It shall be unlawful for any person or persons, partnerships, associations or corporations to cause, allow, suffer or permit any horses, cattle, swine, goat, poultry or other animal owned, kept, harbored or maintained by him, them or it in the Borough of Roosevelt to trespass upon the lands of any other person or persons, partnerships, associations or corporation, or in any manner to destroy or damage any property either real or personal of any other person or persons, partnership, association or corporation.