[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:
Shall mean any dog, bitch or spayed bitch.
Shall mean any dog which has attained the age of seven months
or which 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.
Shall mean any dog of reproductive age which has not had
its reproductive capacity permanently altered through sterilization.
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.
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.
Shall mean any establishment for the confinement of dogs
seized either under the provisions of this section or otherwise.
Shall mean any establishment where dogs are received, housed
and distributed without charge.
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.
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.
FEED
PERSON
WILDLIFE
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.
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.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
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).
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.
