Borough of Moonachie, NJ
Bergen County
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Editor's Note: For regulations concerning animals in public parks and lands, see subsection 9-1.2 of Chapter 9, Recreational Facilities.
[1]
Editor's Note: The statute that provides for the licensing of dogs is N.J.S.A. 4:19-15.1. et seq.
[Ord. #83-8, § 1; 1970 Code § 6-1]
As used in this section:
DOG
Shall mean any dog, bitch or spayed bitch.
DOG OF LICENSING AGE
Shall mean any dog which has attained the age of seven months or which possesses a set of permanent teeth.
KEEPER
Shall mean any person exercising control over a dog or permitting a dog to remain on premises under his control.
NON-SPAYED OR NON-NEUTERED DOG
Shall mean any dog of reproductive age which has not had its reproductive capacity permanently altered through sterilization.
OWNER
When applied to the proprietorship of a dog shall mean and include every person having a right of property in such dog and every person who has such dog in his keeping.
PET SHOP
Shall mean any room or group of rooms, cage or exhibition pen, not part of a kennel, wherein dogs for sale are kept or displayed.
POUND
Shall mean any establishment for the confinement of dogs seized either under the provisions of this section or otherwise.
SHELTER
Shall mean any establishment where dogs are received, housed and distributed without charge.
VICIOUS DOG
Shall mean any dog which has been declared by a judge to be a vicious dog which has attacked or bitten any human being, or which habitually attacks other dogs or domestic animals.
[Ord. #32, §§ 1, 3&4; Ord. #88, § 1; Ord. #81-12, § 1; Ord. #83-8, § 2; 1970 Code § 6-2; Ord. #2009-9]
a. 
License; 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 31st day of January 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 acquisition.
3. 
Any dog attaining licensing age during the course of the calendar year.
4. 
Any licensed 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. 
Application for License. An application for license shall give the following information:
1. 
A general description of the dog, including breed, sex, age, color and markings, and whether such dog is of a long or short haired variety.
2. 
Name, street or post office address of the owner or keeper of such dog.
Registration numbers shall be issued in the order in which applications are received.
c. 
Application for License; When Made. Applications for licenses for dogs which are required to be licensed by the provisions of paragraph a, 1, shall be made before February 1 of each calendar year. In all other cases, application for license shall be made within 10 days of the day on which the dog in question first becomes subject to the provisions of this subsection.
d. 
License Record. The information on all applications 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 that department.
e. 
Fees. There shall be an annual license fee of $8.80 and an annual registration fee of $1.20 for New Jersey Pilot Clinic Fund for each dog. Moreover, pursuant to the Animal Population Control Program, there will be an additional annual New Jersey surcharge of $3 on all licenses issued for non-spayed and non-neutered dogs.
f. 
Expiration Date. Each dog license and registration tag shall expire on January 31 of the calendar year following the calendar year in which it was issued.
g. 
Exceptions. The provisions of this subsection shall not apply to any dog licensed under subsection 8-1.3 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.
[1970 Code § 6-3]
a. 
License Required. Any person who keeps or operates, or proposes to establish, a kennel, pet shop, shelter or pound shall apply to the Clerk for a license. Any person holding such license shall not be required to secure individual licenses for dogs owned by him and kept at such establishments. Such licenses shall not be transferable to another owner or different premises.
b. 
Application Information. An application shall contain the following information:
1. 
The name and permanent and local address of the applicant.
2. 
The street address where the establishment is located, or 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 the sanitation at such establishments.
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 June 30 of each year.
e. 
License Fees. The annual fees for kennel and pet shop licenses shall be as follows:
1. 
Kennel accommodating 10 or less dogs, $10.
2. 
Kennel accommodating more than 10 dogs, $25.
3. 
Pet shop, $10.
4. 
Shelter or pound, no fee.
f. 
Compliance with State Regulations. Any license 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 Board of Health.
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.
g. 
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 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.
h. 
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 under other safe control.
[1970 Code § 6-4]
License fees and other monies collected or received under the provisions of this section, 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 to be used for the following purposes only: collecting, keeping and disposing of dogs liable to seizure under this section; 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 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 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 $0.50 for each dog shall be forwarded within 30 days after collection by the Clerk to the State Department of Health.
[1970 Code § 6-5]
The Chief of Police shall annually cause a canvass to be made of all dogs owned, kept or harbored within 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 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.
[Ord. #32, § 10; 1970 Code § 6-6]
a. 
Complaint; Investigation; Report. It shall be the duty of the Police Department and the Dog Warden to receive and investigate complaints against dogs. If they deem any dog complained of to be a vicious dog, as defined in subsection 8-1.1, they shall report their findings in writing to the Municipal Judge.
b. 
Notice; Hearing. The Municipal Judge shall notify in writing the owner or keeper of an allegedly vicious dog that a complaint has been made and require such person to appear before him at a stated time and place for a hearing. The Municipal Judge shall conduct the hearing in the same manner as he would conduct the trial of a criminal case. If the Municipal Judge decides that the dog complained of is a vicious dog, he shall so notify the owner or keeper of the dog.
c. 
Control of Vicious Dogs. No person owning or keeping a dog which has been determined to be a vicious dog shall permit such dog to be off the property of the owner or keeper without being securely muzzled.
[Ord. #32, § 8; 1970 Code § 6-7]
a. 
Causes for Impounding. The Dog Warden 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 section.
2. 
Any dog off the premises of the owner or keeper of the dog which the Poundmaster or his agent has reason to believe is a stray dog.
3. 
Any dog off the premises of the owner or keeper of the dog without a current registration tag on its collar.
4. 
Any female dog in season off the premises of the owner or keeper of the dog.
5. 
Any dog which has been determined to be a vicious dog, provided that such dog may also be seized by any police officer and that if it cannot be seized with safety, it may be killed.
b. 
Access to Premises. Any officer or agent authorized or empowered to perform any duty under this section is hereby authorized to go upon any premises to seize for impounding any dog which he may lawfully seize and impound when he is in immediate pursuit of the dog, except upon the premises of the owner of the dog if the owner is present and forbids same.
c. 
Notice of Seizure. If any dog 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 or keeper of the dog is known, the Dog Warden 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 paragraph 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 usual or last known place of abode, or to the address given on the collar.
d. 
Disposition of Unclaimed Dogs. The Dog Warden 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 paragraph c above.
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 $3.50 for the first day, and $1 per day for each additional 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 section.
[Ord. #32, §§ 4, 5&9; Ord. #74-6, §§ 1 — 3; 1970 Code § 6-8; Ord. #2005-10]
No person shall own, keep or harbor a dog in the Borough except in compliance with the provisions of this section and the following regulations.
a. 
Wearing of Registration. All dogs for which licenses are required 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 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 section.
d. 
Disturbing the Peace. No person shall own, keep, harbor or maintain any dog which habitually barks or cries between the hours of 8:00 p.m. and 8:00 a.m.
e. 
Running-at-Large. No person owning, keeping or harboring any dog shall permit it to run at large on the public streets or in any public park, public building or 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 it 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 a dog shall permit it to do any injury, or to do any damage to any lawn, shrubbery, flowers, grounds or property.
h. 
Commission of Nuisance.
1. 
Defiling Private Property. No person owning, keeping or harboring a dog shall permit such dog to defecate upon or otherwise soil or defile or commit any nuisance upon any private property other than the property of the aforementioned person unless with the consent of the owner of the private property.
2. 
Defiling Public Property. No person owning, keeping or harboring any dog shall permit such dog to defecate, soil or defile, or commit any nuisance upon any sidewalk, street or thoroughfare in or upon any public property.
3. 
Removal of Feces Duty of Owner. The person owning, keeping or harboring a dog who has defecated in areas defined in paragraphs a and b, shall immediately remove and dispose of all feces deposited thereon in a sanitary manner.
4. 
Any owner or keeper who requires the use of a disability assistance animal shall be exempt from the provisions of this subsection while such animal is being used for that purpose.
[Ord. #32, § 8; 1970 Code § 6-9]
The Borough Council shall have the power to appoint a Dog Warden whose duty it shall be to enforce the provisions of this section. 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 section.
[Ord. #2005-10]
The purpose of this section is to prohibit the feeding of unconfined wildlife in any public park or on any other property owned or operated by the Borough of Moonachie, so as to protect public health, safety and welfare, and to prescribe penalties for failure to comply.
a. 
Definitions. For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
FEED
Shall mean to give, place, expose, deposit, distribute or scatter any edible material with the intention of feeding, attracting or enticing wildlife. Feeding does not include baiting in the legal taking of fish and/or game.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
WILDLIFE
Shall mean all animals that are neither human nor domesticated.
b. 
Prohibited Conduct. No person shall feed, in any public park or on any other property owned or operated by the Borough of Moonachie, any wildlife, excluding confined wildlife (for example, wildlife confined in zoos, parks or rehabilitation centers, or unconfined wildlife at environmental education centers).
c. 
Enforcement.
1. 
This section shall be enforced by the Police Department, Board of Health and/or other municipal officials of the Borough of Moonachie.
2. 
Any person found to be in violation of this section shall be ordered to cease the feeding immediately.
d. 
Violations and Penalties. Any person(s) found to be in violation of the provisions of this section shall be subject to a fine not to exceed $1,000.