Borough of Hopewell, NJ
Mercer County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
The relevant statutory provisions are found in R.S. 4:19-15, et seq.
[Ord. 176]
As used in this chapter:
AT LARGE
Shall mean off the premises of the owner, and not under the control of the owner or a member of the owner's family either by leash, cord, chain or otherwise.
DOG
Shall mean both male and female, 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.
OWNER
Shall mean any person who owns or has a right of property in such dog.
POUND
Shall mean any establishment for the confinement of dogs, seized either under the provisions of this chapter, state statutes or otherwise.
VICIOUS DOG
Shall mean any dog which has attacked or bitten any human being or has caused any person to be fearful for his own safety by chasing, worrying, or otherwise, or which has habitually attacked other dogs or domestic animals.
[Ord. 176; Ord. 260; New; Ord. 305; Ord. 321; Ord. 328; Ord. 343; Ord. 344; Ord. 681]
Licenses and official metal registration tags 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 January 1 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 be signed by the owner or keeper of the dog, and 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 and of the person who shall keep or harbor such dog.
c. 
Evidence of rabies vaccination in accordance with section 6-4.
No license to own, keep or harbor a dog shall be issued to or in the name of a minor.
Applications for licenses for dogs which are required to be licensed by the provisions of subsection 6-2.1 shall be made in the month of January of each calendar year to the municipal clerk or other official designated by the governing body. 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 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.
The person applying for a license shall pay a fee of $13.80 for each dog. The person shall also pay $1.20 for the registration tag for each dog and an additional fee of $3 for any dog of reproductive age which has not had its reproductive capacity permanently altered through sterilization. Any person claiming to be exempt from such additional fee of $3 shall provide a copy of a veterinarian's certificate of neutering. The fees of $1.20 and the additional fee of $3 when collected shall be forwarded to the state treasurer as provided by law. The same fee shall be charged for the annual renewal of each license and registration tag.
a. 
If application shall not be made during January, there shall be a late charge, as follows:
1. 
If application is made during February: $5.
2. 
If during March: $10.
3. 
If after March 31: $15.
Each dog license and registration tag shall expire on January 31 of the calendar year following the calendar year in which it was issued.
a. 
Dogs used as guide dogs for blind persons and commonly known as "seeing eye" dogs and dogs used to assist deaf persons and commonly known as "hearing ear" dogs shall be licensed and registered as other dogs, except that the owner or keeper shall not be required to pay any fee.
b. 
Any dog owned in New Jersey and duly licensed for the current licensed year and bearing the proper registration tag for a New Jersey municipality shall be exempt from the license and the tag provisions of this section.
[Ord. 176]
No dog shall run at large at any time within the limits of the borough.
No dog shall be permitted off the premises of the person owning, keeping or harboring it unless accompanied by a person who is capable of controlling it and who has the dog securely confined and controlled by an adequate leash or chain not more than six feet long.
No person owning, keeping or harboring a dog shall permit or suffer it to do any injury, or to do any damage to any lawn, shrubbery, flowers, grounds or property of persons other than the owner or person having the care, custody and control of such dog.
No person owning, keeping or harboring a dog shall permit or suffer it to soil or defile or commit any nuisance upon any sidewalk, street or thoroughfare, or in or upon any public property or place.
No person owning, keeping or harboring a dog shall permit or suffer it to cause any injury to any person.
No person shall keep, harbor or maintain any dog which habitually barks or cries.
All dogs for which licenses are required by the provisions of this chapter shall wear a collar or harness with the registration tag securely fastened thereto.
[Ord. 208]
No person shall own, possess, harbor or keep any dog within the boundaries of the borough, over six months of age, unless the dog has been inoculated against rabies. However, any dog may be exempt from the inoculation requirement, for a specified period of time, by the board of health upon the presentation of a certificate from a duly licensed veterinarian stating that because of infirmity or other physical condition, the inoculation of the dog for a specified period of time, is contraindicated.
Any person, owning, keeping, harboring or having custody of a dog shall obtain from the veterinarian who vaccinates the dog against rabies, a certificate on a form supplied by the health officer and available at the office of secretary of the board of health, and shall, within 10 days of the vaccination, or within 10 days after bringing the dog into the borough, if the dog was vaccinated before being brought into the borough, deliver the certificate to the office of the secretary of the board of health, who shall file it with the records of the board of health.
No license required for the owning and keeping of dogs, by virtue of any state law or borough ordinance, shall be issued to any person, unless a certificate issued by a duly licensed veterinarian of the State of New Jersey, as provided in subsection 6.4.2, is presented to and filed with the office of the secretary of the board of health showing that such dog has been vaccinated against rabies in the manner provided herein, and that the vaccination has been made within six months from the date of the filing of the application for a license.
The board of health is hereby authorized and empowered to provide free vaccination of dogs at a suitable clinic and place designated by it, to be conducted by a licensed veterinarian of the State of New Jersey. The board of health is hereby further authorized and empowered to make and adopt such rules and regulations, consistent with the terms and provisions of section 6-4, as it may deem proper and necessary for its enforcement.
Should any person owning a dog or dogs omit or refuse to have such dog or dogs inoculated under the provisions of subsection 6-4.1, then, each day following the time when the inoculation should have been made as provided in section 6-4, shall constitute a separate offense.
[Ord. 176]
The chief of police of the borough shall annually cause a canvass to be made of all dogs owned, kept or harbored within the limits of the borough in accordance with R.S. 4:19-15.15, and make reports required under that statute.
[New; Ord. 343]
License fees and other moneys 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 chapter. 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 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 $1.20 for each dog and the additional sterilization fee of $3 where required for non-sterilized dogs shall be forwarded within 30 days after collection by the registrar to the state treasurer as provided by law.
[New]
Where it has been determined by a physician that a person has been bitten by a dog, such individual, or his parent or guardian if he is a minor, shall immediately notify the police. When the owner or keeper of any dog shall be notified by the police that the dog has bitten any individual, 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 department.
[New]
It shall be the duty of the chief of police, or other officer in charge, or animal warden, to receive and investigate complaints against dogs, and when any dog complained against shall be deemed by such chief of police, or other designated officer, to be a vicious dog, as herein defined, the officer shall notify the owner or person harboring such dog directing the owner or person harboring such dog to take the dog for examination to a veterinarian, the examination to be at the expense of the owner or person harboring the dog; failure of the owner or person harboring the dog to comply with the notice given shall constitute a violation of this section. The officer shall report his findings to the municipal judge.
The municipal judge shall notify in writing the owner or keeper of an alledgedly 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 judge, at the time set for the hearing, shall inquire into the facts and give all interested persons an opportunity to be heard, under oath, and to be represented by counsel. He shall decide in accordance with the evidence before him, and if he shall decide that such dog complained of is a vicious dog, as defined in section 6-1, notice of such decision shall be given to the owner or person harboring such dog.
No dog which has been so determined to be a vicious dog shall be permitted to run at large, or to be upon any street or public place in the borough, except while securely muzzled, and under leash, and the owner or person harboring any such vicious dog who shall suffer or permit such dog to run at large or be upon any street or public place in the borough, while not so securely muzzled and under leash, shall be guilty of a violation of this section.
[Ord. 176]
It shall be the duty of the chief of police and every police officer, as well as the poundkeeper, to enforce the provisions of this chapter and to take into custody and impound, or cause to be taken into custody and impounded the following:
a. 
Any dog running at large in the borough.
b. 
Any dog off the premises of the owner or of the person keeping or harboring the dog, which the official or his agent have reason to believe is a stray dog.
c. 
Any dog off the premises of the owner or of the person keeping or harboring the dog which is not controlled by a leash or chain as provided in this chapter.
d. 
Any dog with fierce, dangerous or vicious propensities or noticeably infected with rabies or bitten by a dog suspected of having rabies.
e. 
Any dog running at large off the premises of the owner or of the person keeping or harboring the dog, without a current registration tag on the dog's collar.
f. 
Any female dog in season off the premises of the owner or of the person keeping or harboring the dog.
g. 
Any dog in violation of section 6-4.
Any dog seized under the provisions of this chapter shall be handled and disposed of with proper notices given, as required by R.S. 4:19-15.16.
[Ord. 176; Ord. 264; New]
The mayor shall nominate and, with the advice and consent of council, appoint a poundkeeper to enforce the provisions of this chapter. Such poundkeeper shall be exempt from any residency requirement within the borough.
No person shall hinder, molest or interfere with anyone authorized or empowered to perform any duty under this chapter.
Any officer or agent authorized or empowered to perform any duty under this chapter is hereby authorized to go upon any premises to seize for impounding any dog which he may lawfully seize and impound when such officer is in immediate pursuit of such dog, except upon the premises of the owner of the dog, if the owner is present and forbids same.
[Ord. 260]
Any person who violates or who fails or refuses to comply with section 6-2 shall be liable to a penalty of not less than $5, nor more than $50 for each offense, except that for the first offense, the penalty shall be not less than $1 nor more than $50.
For any other violation of this chapter, the general penalty clause as set forth in section 3-11 of this revision shall apply.
[Ord. 468I; Ord. 471; Ord. 681]
ANIMAL CONTROL AUTHORITY
Shall mean any person or agency designated or certified by the State of New Jersey to enforce the provisions of this section.
CAT
Shall mean any member of the domestic feline species; male, female, or altered.
CAT OF LICENSING AGE
Shall mean any cat which has attained the age of seven months, or which possesses a set of permanent teeth.
CATTERY
Shall mean any room or group of rooms, cage or exhibition pen, not part of a kennel, wherein cats for sale are kept or displayed.
LICENSING AUTHORITY
Shall mean the agency or department of the borough or any designated representative thereof charged with administering the issuance or revocation of permits and licenses, or both under the provisions of this section.
NEUTERED
Shall mean rendered permanently incapable of reproduction as certified by a licensed veterinarian.
OWNER
Shall mean, when applied to the proprietorship of a cat, every person having a right of property (or custody) in such cat and every person who has such cat in his/her keeping, or who harbors or maintains a cat or knowingly permits a cat to remain on or about any premises owned or occupied by that person.
PERSON
Shall mean any individual, corporation, partnership, organization, or institution commonly recognized by law as a unit.
a. 
Vaccination and License Requirements. No person shall own, keep, harbor, or maintain any cat over seven months of age within the borough, unless such cat is vaccinated and licensed. The provisions of this section do not apply to cats held in a cattery, or those held by a state or federal licensed research facility, or a veterinary establishment where cats are received or kept for diagnostic, medical, surgical, or other treatments, or licensed animal shelters, pounds, kennels, or pet shops.
b. 
Vaccination. All cats shall be vaccinated against rabies by a licensed veterinarian in accordance with the latest "Compendium of Animal Rabies Vaccines and Recommendations for Immunization" published by the National Association of State Public Health Veterinarians, except as provided for in section (d).
c. 
Vaccination Certificate. A certificate of vaccination shall be issued to the owner of each cat vaccinated on a form recommended by the state.
d. 
Exemptions. Any cat may be exempted from the requirements of such vaccination for a specified period of time by the local board of health, upon presentation of a veterinarian's certificate stating that because of an infirmity or other physical condition or regimen of therapy, the inoculation of such cat shall be deemed inadvisable.
a. 
Cats Must Have License Number Displayed. Any person who shall own, keep or harbor a cat of licensing age shall annually apply for and procure from the clerk of the municipality, or other official designated by the governing body a license and official registration tag with license number, or a registration sleeve for each cat so owned, kept, or harbored, and shall place upon such cat a collar, or other device with the license number securely fastened or displayed thereto. Acceptable methods of displaying license number shall include, but are not limited to, break-away or elastic collars. License tags or sleeves are not transferable.
b. 
Time for Applying for License. The owner of any newly acquired cat of licensing age, or of any cat which attains licensing age, shall make application for license tags or sleeve for such cat within 10 days after such acquisition or age attainment. This requirement will not apply to a non-resident keeping a cat within the borough for no longer than 90 days.
c. 
Cats Brought into Jurisdiction. Any person who shall bring, or cause to be brought into the borough, any cat licensed in another state for the current year, and bearing a registration tag or sleeve, and shall keep the same or permit the same to be kept within the borough for a period of more than 90 days, shall immediately apply for a license and registration tag or sleeve for such cat.
Any person who shall bring or cause to be brought into this borough any unlicensed cat, and shall keep same or permit same to be kept within the borough for a period of more than 10 days, shall immediately apply for a license and registration tag or sleeve for each such cat.
d. 
Application, Contents, Preservation of Information. The application shall state the breed, sex, age, color, and markings of the cat for which the license and registration are sought, and whether it is of a long or shorthaired variety; also the name, street, and post office address of the owner, and the person who shall keep or harbor such cat. The information on said application and the registration number issued for the cat shall be preserved for a period of three years by the clerk or other local official designated to license cats in the municipality.
e. 
License Forms and Tags. License forms and official tags or sleeves shall be furnished by the municipality and shall be numbered serially, and shall bear the year of issuance and the name of the municipality.
f. 
Evidence of Inoculation with Rabies Vaccine or Certification of Exemption; Requirement for License. No municipal clerk or other official designated by the governing body of any municipality to license cats therein shall issue any such license and official registration tag or sleeve for any cat, unless the owner thereof provides evidence that the cat to be licensed and registered has been inoculated with a rabies vaccination 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 Human Services, or has been certified exempt as provided by subsection 6-12.2 of this section. The rabies inoculation shall be administered by a duly licensed veterinarian, or by such other veterinarian permitted by law to do the same.
g. 
License Fee Schedule. The person applying for a license shall pay a fee of $10 for each cat. The person shall pay an additional fee of $3 for any cat of reproduction age which has not had its reproductive capacity altered through sterilization. Any person claiming to be exempt from such additional fee of $3 shall provide a copy of the veterinarian's certificate of neutering.
1. 
If application shall not be made during January, there shall be a late charge, as follows:
(a) 
If application is made during February: $5.
(b) 
If application is made during March: $10.
(c) 
If application is made after March 31: $15.
h. 
Fees, Renewals, Expiration Date of License. The person applying for the license and registration tag or sleeve shall pay the fee fixed or authorized. The fee for the renewal of license and registration tag or sleeve shall be the same as for the original, and said license, registration tag or sleeve and renewal thereof shall expire on January 31, in the following year.
Only one license and registration tag or sleeve shall be required in the licensing year for any cat in this borough. Any valid New Jersey license tag or sleeve issued by a New Jersey municipality shall be accepted by the borough as evidence of compliance.
i. 
Loss of License. If a license tag or sleeve has been misplaced or lost, the borough clerk may issue a duplicate license tag or registration sleeve for that particular cat at a fee of $5.
j. 
Proof of Licensing. Proof of licensing shall be produced by any person owning, keeping, maintaining, or harboring a cat, upon the request of any health official, police officer, animal control officer, or other authorized person.
k. 
Interfering with Persons Performing Duties Under this Section. No person shall hinder, molest, or interfere with anyone authorized or empowered to perform any duty under this section.
l. 
Disposition of Fees Collected. License fees and other moneys collected or received under the provisions of this section, shall be forwarded to the treasurer of the municipality, and shall be deposited in the current fund account and shall be used for the following purposes only: collecting, keeping, and disposing of cats liable to seizure, for 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, and for administering the provisions of this section.
a. 
Violations of Section; Penalty. Except as otherwise provided in this section, any person who violates, or who fails, or refuses to comply with this section, shall be liable to a penalty of not less than $10, nor more than $50, for each offense, to be recovered by and in the name of the local board of health, or by and in the name of the municipality.
All other ordinances of the borough which are in conflict with this section are hereby repealed to the extent of such conflict.
If any part of this section shall be invalid, such parts shall be deemed severable and the invalidity thereof shall not affect the remaining part of this section.
This section shall be in full force and effect on May 31, 1990, after its passage and publication.
[Ord. 470]
The purpose of this section is to protect the health, safety and welfare of all those frequenting this borough by preventing the needless health hazards and nuisances caused by dog feces upon public and private property located within the borough.
No person, agency or institution owning, harboring, keeping or in charge of any dog shall cause, suffer or allow such dog to soil, defile, defecate or commit any nuisance upon any public or private property whatsoever, except with the express authority or permission of the owner of the property.
Notwithstanding the provisions of subsection 6-13.2 above, it shall be permissible for the person in control of any dog or dogs to allow said dog to deposit feces between the right-of-way lines of any public street under and subject to the following conditions:
a. 
The person in control of said dog or dogs shall have in his or her possession appropriate sanitary means by which he or she can collect and remove any feces deposited by said dog or dogs.
b. 
The person in control of said dog or dogs shall immediately remove all feces deposited by said dog or dogs in a sanitary manner and shall dispose of all such feces in a sanitary manner and in a way so as not to interfere with the rights of others.
c. 
The provisions of this subsection 6-13.3 shall not apply to a "seeing-eye" dog which is in the sole control of a blind person.
Complaints against violators of this section may be filed by any citizen as well as by an officer of the police force or the animal control officer.
Any person who shall violate any provision of this section shall be subject to a fine not exceeding $100 for each offense. For the purpose of this section each day that a particular violation occurs will be considered to be a separate offense.
[Ord. No. 806]
As used in this section:
ANIMAL CARE FACILITY
Means an animal control center or animal shelter, maintained by or under contract with any state, county, or municipality, whose mission and practice is, in whole, or significant part, the rescue and placement of animals in permanent homes or rescue organizations.
ANIMAL RESCUE ORGANIZATION
Means any not-for-profit organization which has tax-exempt status under Section 501(c)(3) of the United States Internal Revenue Code, whose mission and practice is, in whole or in significant part, the rescue and placement of animals in permanent homes.
CAT
Means a member of the species of domestic cat, Felis catus.
DOG
Means a member of the species of domestic dog, Canis familiaris.
OFFER FOR SALE
Means to sell, offer for sale or adoption, advertise for the sale of, barter, auction, give away or otherwise dispose of a dog or cat.
PET SHOP
Means a retail establishment where dogs and cats are sold, exchanged, bartered or offered for sale as pet animals to the general public at retail. Such definition shall not include an animal care facility or animal rescue organization, as defined.
[Ord. No. 806]
No pet shop shall sell, deliver, offer for sale, barter, auction, give away, or otherwise transfer or dispose of cats or dogs. Nothing in this section shall prohibit pet stores from collaborating with animal care facilities or animal rescue organizations to offer space for such entities to showcase adoptable dogs and cats.
[Ord. No. 806]
This section will not affect a consumer's ability to obtain a dog or cat of his or her choice directly from a breed-specific rescue organization or a shelter, or from a hobby breeder where the consumer can observe the conditions in which the dogs or cats are bred, or can confer directly with the hobby breeder concerning those conditions.
[Ord. No. 806]
a. 
The operator of any establishment convicted for violating the terms of this section shall be subject to the following fines:
1. 
First offense - $100, per animal, sold or offered to be sold.
2. 
Second or subsequent offenses - $500, per animal sold or offered to be sold.
3. 
In the event of a second or subsequent conviction for this offense, the court may require the establishment to cease all retail operations until such time as all animals in custody are relocated to an animal care facility or animal rescue organization.