[Prior code § 9-1; amended by Ord.
99-19 § 6, 1999]
The following words and terms shall have the meanings herein
indicated for the purposes of this chapter:
Any dog, bitch or spayed bitch.
Any dog which has attained the age of seven months or which
possesses a set of permanent teeth.
Any person exercising control over a dog or permitting a
dog to remain on premises under his or her control.
Any establishment wherein or whereon the business of boarding
or selling dogs or breeding dogs for sale is carried on, except a
pet shop.
When applied to the proprietorship of a dog means and includes
every person having a right of property in such dog and every person
who has such dog in his or her keeping.
Any room or group of rooms, cage or exhibition pen, not part
of a kennel, wherein dogs for sale are kept or displayed.
An establishment for the confinement of dogs seized either
under the provisions of this chapter or otherwise.
Any establishment where dogs are received, housed and distributed
without charge.
[Prior code § 9-2.7 Ord. 84-5 §§ 3, 4, 5, and 6, 1984; amended by Ord. 88-21 § 14, 1988; Ord. No. 2009-10, § 1, 6-23-2009; Ord. No. 2012-10, §§ 1
— 3, 12-18-2012]
A.
Licenses — When Required. Licenses shall be required for the
following dogs of licensing age:
1.
Any dog owned or kept within the Borough by a resident of the Borough
on the first day of June of any calendar year;
2.
Any dog acquired by any person during the course of any calendar
year and kept within the Borough for more than 10 days after such
acquisition;
3.
Any dog attaining licensing age during the course of the calendar
year;
4.
Any unlicensed dog brought into the Borough by any person and kept
within the Borough for more than 10 days;
5.
Any dog licensed by another state brought into the Borough by any
person and kept within the Borough for more than 90 days.
B.
C.
Application for License — When Made. Application for licenses
for dogs which are required to be licensed by the provisions of Subsection
(A)(1) of this section, shall be made during the month of January
of each calendar year. 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 became subject to the provisions of this section.
D.
License Record. The information on each application under this chapter
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
or she shall forward similar information to the State Department of
Health each month on forms furnished by the Department.
E.
Expiration Date. Each dog license and registration tag shall expire
on the last day of December of the calendar year in which it was issued.
F.
Exceptions. The provisions of this section shall not apply to any dog licensed under Section 6.04.030 of this chapter. 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 or keeper shall not be required to pay any fee.
G.
Fees. The following fees are hereby adopted and established for the
licensing of dogs:
[Prior code § 9-3; amended by Ord.
88-21 §§ 13, 15, 1988]
A.
License Required. Any person who keeps or operates or proposes to
establish a kennel, pet shop, shelter or pound shall apply to the
Borough clerk for a license entitling him or her to keep or operate
such establishment. 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.
B.
Application Information. The application shall contain the following
information:
1.
The name and permanent and local address of the applicant;
2.
The street address where establishment is located or is proposed
to be located, together with a general description of the premises;
3.
The purposes for which it is to be maintained;
4.
The maximum number of dogs to be accommodated by such establishment
at any one time.
C.
Approval of Health Officer. No license shall be issued until the
proposed licensee submits a written statement from the health officer
of the board of health that the establishment or proposed establishment
complies with local and state rules governing the location of and
sanitation at such establishment.
D.
License Term. All licenses issued for a kennel, pet shop, shelter
or pound shall state the purpose for which the establishment is maintained
and all such licenses shall expire on the last day of January of each
year.
E.
Compliance with State Regulations.
1.
All licenses issued for a kennel, pet shop, shelter or pound shall
be subject to revocation by the Borough council on recommendation
of the State Department of Health or the board of health of the Borough
for failure to comply with the rules and regulations of the State
Department of Health or the Borough board of health, after the owner
has been afforded a hearing by either the State Department of Health
or the Borough health board.
2.
Any person holding a license to establish, keep or operate a kennel,
pet shop, shelter or pound shall comply with all Borough ordinances
and the rules and regulations promulgated by the State Department
of Health governing the sanitary conduct and operation of kennels,
pet shops, shelters and pounds, the preservation of sanitation therein
and the prevention of the spread of rabies and other diseases of dogs
within and from such establishments.
F.
Report to State Health Department. The Borough 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 name and address of the licensee
and the kind of license issued.
G.
Control of Dogs Off Premises. No dog kept in a kennel, pet shop,
shelter or pound shall be permitted off such premises, except on a
leash or in a crate or other safe control.
[Prior code § 9-4; amended by Ord.
84-5 § 7, 1984]
License fees and other moneys collected or received under the
provisions of this chapter, except 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 to 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; for providing anti-rabic treatment under the direction of
the local board of health for any person known or suspected to have
been exposed to rabies; for all other purposes prescribed by the statutes
of New Jersey governing the subject, and for administering the provisions
of this chapter. Any unexpended balance remaining in such special
account shall be retained 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 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 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.
[Prior code § 9-5]
The poundmaster of the Borough 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 clerk, the board of health of
the Borough and to the State Department of Health the results 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 person, together with the registration
numbers of each dog, and the number of unlicensed dogs owned, kept
or harbored by each person, together with a complete description of
each unlicensed dog.
[Prior code § 9-7]
A.
Causes for Impounding. The poundmaster of the Borough shall take
into custody and impound, or cause to be taken into custody and impounded,
any of the following dogs:
1.
Any unlicensed dog running at large in violation of the provisions
of this chapter;
2.
Any dog off the premises of the owner of or the person keeping or
harboring such dog which the poundmaster or his or her agent has reason
to believe is a stray dog;
3.
Any dog off the premises of the owner of or the person keeping or
harboring such dog without a current registration tag on its collar;
4.
Any female dog in season off the premises of the owner of or the
person keeping or harboring such dog.
B.
Access to Premises. Any officer or agent authorized or empowered
to perform any duty under this chapter is authorized to go upon any
premises to seize for impounding any dog or dogs which he or she 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 the owner is present and forbids the same.
C.
Notice of Seizure.
1.
If any dog so impounded or seized wears a registration tag, collar
or harness having inscribed thereon or attached thereto the name and
address of any person or the owner of, or the person keeping or harboring
the dog is known, the poundmaster 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 the service of the notice.
2.
A notice under this subsection may be served either by delivering
it to the person on whom it is to be served, or by leaving it at the
person's usual or last known place of abode, or at the address given
on the collar, or by forwarding it by mail in a prepaid letter addressed
to that person at his or her usual or last known place of abode, or
to the address given on the collar.
D.
Disposition of Unclaimed Dogs. The poundmaster of the Borough 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:
1.
When any dog so seized has not been claimed by the person owning,
keeping or harboring such 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;
2.
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 $0.50 per day;
3.
If the seized dog is unlicensed at the time of its seizure and the
person owning, keeping or harboring such dog has not produced a license
and registration tag as provided in this chapter.
[Prior code § 9-8; amended by Ord.
83-11 § 1, 1983; Ord.
91-22 § 1, 1991]
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:
A.
Wearing of Registration Tag. 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 such dog securely fastened thereto.
B.
Use of Registration Tags. No person, except an officer in the performance
of his or her 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.
C.
Interference with Official Duties. No person shall hinder, molest
or interfere with anyone authorized or empowered to perform any duty
under this chapter.
D.
Disturbing the Peace. No person shall own, keep or harbor or maintain
any dog which habitually barks or cries.
E.
Running-at-Large. No person owning, keeping or harboring any dog
shall suffer or permit it to run at large upon the public streets,
in any public park, in any public building, or in any other public
place within the Borough.
F.
Leashing of Dogs. No person owning, keeping or harboring any dog
shall suffer or permit it to be upon the public streets or in any
of the public places of the Borough unless such dog is accompanied
by a person over the age of 12 years, and is securely confined and
controlled by an adequate leash not more than six feet long.
G.
Property Damage. No person owning, keeping or harboring any dog shall
permit or suffer it to do any injury, or to do any damage to any lawn,
shrubbery, flowers, grounds or property.
H.
Removal of Dog Feces. No person owning, harboring, keeping, walking
or in charge of any dog shall cause, suffer, permit or allow such
dog to soil, defile, defecate on or commit any nuisance on any common
thoroughfare, street, sidewalk, passageway, road, bypass, play area,
park or any place where people congregate or walk, or upon any boardwalk,
beaches or beach front in this Borough or upon any public property
whatsoever, or upon any private property without the permission of
the owner of the private property in the last instance. If any such
person shall permit such dog to soil, defile, defecate on or commit
any nuisance on the areas listed in this subsection, he or she shall
immediately remove all feces and droppings deposited by such dog,
which removal shall be in the sanitary manner by a shovel, container,
disposal bag, etc., and the feces and droppings shall be removed by
the person from the previously stated designated areas listed in this
subsection, and disposed of by the person in a sanitary manner.
[Prior code § 9-9]
The Borough council shall have the power to appoint a poundmaster,
whose duty it shall be to enforce the provisions of this chapter.
The Borough council shall also have the power to appoint one or more
persons, to be known as dogcatchers, who may impound unlicensed dogs
running-at-large in violation of the provisions of this chapter.
[Prior code § 9-10; amended by Ord. No. 2015-06, § 1, 4-28-2015]
Any person who shall violate any provision of this chapter,
upon conviction, shall forfeit and pay a fine of not less than $5
nor more than $100 for each and every offense, except that for the
first offense of failure to secure a license, the penalty shall be
not less than $1 and not more than $100.
