[Adopted 6-11-1980 by Ord. No. 22-6]
[New]
As used in this chapter:
Shall mean any dog, bitch or spayed bitch, dog hybrid.
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.
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.
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:
a.
Any dog owned or kept within the Borough by a resident of the Borough
on the first day of January of any calendar year.
b.
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.
c.
Any dog attaining licensing age during the course of the calendar
year.
d.
Any unlicensed dog brought into the Borough by any person and kept
within the Borough for more than 10 days.
e.
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.
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.
b.
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.
[New]
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]
a.
Annual. The person applying for a license shall pay a local annual
license fee of $10.80 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)
[Amended 11-1-2021 by Ord. No. 21-08]
b.
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
|
License Obtained Month Of
| |||||
|---|---|---|---|---|---|
|
Monthly Penalty
|
Feb.
|
March
|
April
|
May
|
June
|
|
June $5
|
$5
| ||||
|
May $4
|
$4
|
$4
| |||
|
April $3
|
$3
|
$3
|
$3
| ||
|
March $2
|
$2
|
$2
|
$2
|
$2
| |
|
Feb. $1
|
$1
|
$1
|
$1
|
$1
|
$1
|
|
Total Penalty
|
$1
|
$3
|
$6
|
$10
|
$15
|
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.
[New]
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.
[New]
It shall be the duty of the Code Enforcement Officer and the
Animal Control Officer to receive and investigate complaints against
dogs.
[Ord. No. 15-004; Amended 12-12-2022 by Ord. No. 2022-10]
a.
POTENTIALLY DANGEROUS DOG
Definitions. As used in this chapter:
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)
b.
Findings 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:11-1(a) to a
person during an unprovoked attack, and poses a serious threat of
bodily injury or death to a person, or
(c)
Has been trained, tormented, badgered, baited or encouraged
to engage in unprovoked attacks upon persons or domestic animals.
c.
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:
1.
Shall require the owner to comply with the following conditions:
(a)
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;
(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 50 feet of the enclosure required
pursuant to Subsection c.1(c) below;
(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 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;
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. (N.J.S.A. 4:19-24)
d.
Duties of Owner. The owner of a potentially dangerous dog shall:
1.
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;
2.
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;
3.
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;
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 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
6.
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)
e.
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)
f.
Registration Number, Red Identification Tag and License. The Borough
shall:
1.
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;
2.
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)
g.
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 $500. The license shall be issued according to the
provisions of N.J.S.A. 4:19-30. (N.J.S.A. 4:19-31)
[Amended 12-12-2022 by Ord. No. 2022-10]
[New]
a.
VICIOUS DOG
Definitions. As used in this chapter:
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)
b.
Findings 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:
2.
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.
3.
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)
[Ord. No. 15-004; amended 8-2-2022 by Ord. No. 2022-08]
The Animal Control Officer shall take into custody and impound,
or cause to be taken into custody and impounded, any of the following
dogs:
a.
Any unlicensed
dog running at large in violation of the provisions of this chapter.
b.
Any dog
off the premises of the owner of or the person keeping or harboring
such dog which the Animal Control Officer or his agent has reason
to believe is a stray dog.
c.
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.
d.
Any female
dog in season off the premises of the owner of or the person keeping
or harboring such dog.
e.
Any dog which has been determined to be a vicious dog or a potentially dangerous dog as provided in § 5-6, provided that such dog may also be seized by any police officer, and provided further that, if such dog cannot be seized with safety, it may be killed.
f.
Any dog
or other animal which is suspected to be rabid.
g.
Any dog
or other animal off the premises of the owner reported or observed
by the Animal Control Officer to be ill, injured or creating a threat
to the public health, safety and welfare or otherwise interfering
with the enjoyment of property.
h.
Any dog
or dog hybrid which the Animal Control Officer has reasonable cause
to believe has attacked a person or caused death or serious bodily
injury as defined in N.J.S.A. 2C:11-1(b) to that person; or has 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 harm to persons
or domestic animals; or has engaged in dog fighting activities as
described in N.J.S.A. 4:22-26; or has been trained, tormented, badgered,
baited or encouraged to engage in unprovoked attacks upon persons
or domestic animals.
[Amended 8-2-2022 by Ord. No. 2022-08]
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.
[Amended 8-2-2022 by Ord. No. 2022-08]
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.
[Amended 8-2-2022 by Ord. No. 2022-08]
The Animal Control Officer or his or her authorized representative,
including an authorized kennel, is empowered to cause the destruction,
in as humane a manner as possible, of any dog or other animal seized
by him or otherwise coming into his possession, under any of the following
circumstances:
a.
When any dog or other animal has not been claimed by the person owning, keeping or harboring same within seven days after notice or within seven days of the animal's detention when notice cannot be given to the person owning, keeping or harboring the dog or other animal in accordance with Subsection 5-7.3 and the administrative fee as provided in Subsection 5-7.5 has not been paid.
b.
When any
dog is unlicensed at the time it is seized or otherwise comes into
the possession of the Animal Control Officer, and the person owning,
keeping or harboring such dog has not produced a current license and
registration tag as provided in this chapter.
[Added 8-2-2022 by Ord. No. 2022-08]
In order for a dog or other animal to be returned to the person
owning, keeping or harboring same, when the dog or other animal has
been seized by or otherwise comes into the possession of the Animal
Control Officer, there must be paid an administrative fee, which is
hereby established. This fee shall be exclusive of any charges or
fees of a kennel for the custody, care, maintenance, control or disposal
of the dog or other animal. The administrative fee shall be payable
to the Borough in the following manner:
a.
The administrative
fee for the return of a dog or other animal shall be $60.
b.
If the
dog or other animal is returned to the person owning, keeping or harboring
same, at such person's home or place of residence, the fee shall be
payable within 10 days of the return, or else the Animal Control Officer
will issue a summons for failure to pay the fee; or
c.
If the
dog or other animal is to be claimed by the person owning, keeping
or harboring the animal at a kennel, proof of payment of the administrative
fee must be presented at that time to the kennel.
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.
[New]
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.
[New]
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.
Waste matter expelled from the bowels of the pet; excrement.
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.
a.
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.
b.
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.
