For the purposes of this article, the terms used herein are
defined as follows:
A certified municipal animal control officer or, in the absence
of such an officer, the chief law enforcement officer of the municipality
or their designee.
An individual or group of individuals who, with or without
salary or compensation, house and care for homeless animals in the
home of an individual or in other facilities, with the intent of placing
the animals in responsible, more permanent homes as soon as possible.
The home or other facility in which an animal rescue organization
houses and cares for an animal.
Off the property of the owner and not on a leash. This does
not apply when a dog is confined within a vehicle.
Any canine or a canine hybrid.
Any dog which has attained the age of seven months. (N.J.S.A.
4:19-15.1)
Any cat, dog, or livestock.
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.
At once, without delay.
Any establishment wherein or whereupon the business of boarding
or selling dogs or breeding dogs for sale is carried on, except for
a pet shop (N.J.S.A. 4:19-15.1)
An establishment for the confinement of dogs or other animals
seized under the provisions of this article, state statutes or otherwise.
When applied to proprietorship of a dog, every person having
a right of propriety of such dog, and every person who has such dog
or other animal in his keeping or under his control, 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.
Any dog (other than a trained service animal), cat, rodent,
turtle, bird, fish or other animal kept for pleasure rather than for
commercial purposes on the property of the owner.
Waste material expelled from the bowels of the pet; excrement.
POTENTIALLY DANGEROUS DOGAny dog or dog hybrid declared potentially dangerous by a municipal court pursuant to Section 7 of P.L. 1989, c. 307 (N.J.S.A. 4:19-23).
VICIOUS DOGAny dog or dog hybrid declared vicious by a municipal court pursuant to Section 6 of P.L. 1989, c. 307 (N.J.S.A. 4:19-22).
Pet waste should be bagged and placed 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.
An animal required because of a disability which has been
trained to perform a specific task or work, as defined by the Americans
with Disabilities Act.[1] The task must be directly related to the disability.
All animals that are neither human nor domesticated.
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
Any person who shall own, keep or harbor a dog of licensing
age shall, within 10 days after the acquisition thereof, and annually
thereafter in the month of January, apply for and procure from the
Borough Clerk a license and official metal registration tag for each
such dog so owned, kept or harbored and shall place upon each such
dog a collar or harness with the registration tag securely fastened
thereto. Such license shall state the breed, sex, age, name, color
and markings of the dog for which the license and registration are
sought, whether it is of a long- or short-haired variety, and the
name, street and post office address of the owner and the person who
shall keep or harbor such dog.
A.
Persons applying for a license shall pay a fee of $20 for each license
(if the dog is spayed or neutered) or a fee of $23 for each license
(if the dog is not spayed or neutered). All such licenses, registration
tags and renewals shall expire on the last day of December in each
year. Dogs used as guides for blind persons and commonly known as
"Seeing Eye" 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.
B.
The owner of a potentially dangerous/vicious dog shall pay a special annual fee of $700 for a potentially dangerous/vicious dog license, in addition to, and on the same schedule as the fees indicated in Subsection A above.
C.
Any person who shall own, keep or harbor a dog of licensing age which
is found to be licensed after March 1 shall be required to pay a late
charge of $10 in addition to the required license fee.
D.
Newly acquired dogs must be licensed no later than 10 days after
acquisition or of attaining licensing age.
The disposition of license fees and registration fees collected
hereunder shall be in accordance with N.J.S.A. 4:19-15.11.
The Animal Control Officer of the Borough may cause a canvass
to be made of all dogs owned, kept or harbored within the Borough
for the purpose of licensing enforcement.
A.
No person owning, harboring, keeping or in charge of any dog shall
permit or take such animal upon the lawn, yard, entranceway or driveway
of any private property whatsoever without the consent of the property
owner.
B.
Dogs (except service animals) are prohibited from or in any municipal
parks, playfields, playgrounds, play areas, school property or other
municipal property, except public roads, unless authorized by the
Borough.
C.
Dogs (except service animals) are prohibited from any public eating
place, and may only be permitted in non-eating establishments with
the expressed permission of the store owner.
No person owning, harboring, keeping or in charge of any dog
shall allow or permit such dog to go upon any public streets, or in
any of the public places or semipublic areas of multi-dwelling complexes
within the Borough unless such is accompanied by a person and is securely
confined and controlled by an adequate physical leash which may not
exceed six feet in length.
A.
It shall be unlawful for any person owning, keeping, harboring or
having the custody and possession of any dog, whether registered or
not, to permit such dog to be at large within the Borough.
B.
Dogs on their owner's property must be leashed or otherwise
prohibited from leaving the property unattended.
The Borough Council is hereby authorized and empowered to appoint
an Animal Control Officer in accordance with N.J.S.A. 4:19-15.16a
et seq. and the rules promulgated thereunder. The Animal Control Officer
shall have the full power and authority to carry out the provisions
of this chapter. The Borough Council shall fix the compensation to
be paid to such person or persons so appointed and shall pay the same
out of the monies of the Borough.
A.
The Animal Control Officer or Chief Law Enforcement Officer, or his
or her designee, shall take into custody and impound or cause to be
taken into custody and impounded, and thereafter destroyed or offered
for adoption as provided in this section:
(1)
Any dog off the premises of the owner or of the person keeping or
harboring said dog which said official or their agent or agents have
reason to believe is a stray dog;
(2)
Any dog off the premises of the owner or of the person keeping or
harboring said dog without a current registration tag on its collar;
(3)
Any female dog in season off the premises of the owner or of the
person keeping or harboring said dog;
(4)
Any dog or other animal which is suspected to be rabid;
(5)
Any dog or other animal off the premises of the owner reported to,
or observed by, a certified animal control officer to be ill, injured
or creating a threat to public health, safety or welfare, or otherwise
interfering with the enjoyment of property.
B.
If any animal so seized wears a collar or harness having inscribed
thereon or attached thereto the name and address of any person or
a registration tag, or the owner or the person keeping or harboring
said animal is known, any person authorized by the governing body
shall forthwith serve on the person whose address is given on the
collar, or on the owner or the person keeping or harboring said animal,
if known, a notice in writing stating that the animal has been seized
and will be liable to be offered for adoption or destroyed if not
claimed within seven days after the service of the notice. A notice
under this section 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 post 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.
C.
Any person authorized by the governing body may cause an animal to
be destroyed in a manner causing as little pain as possible and consistent
with the provisions of N.J.S.A. 4:22-19 or to be offered for adoption
seven days after seizure; provided that:
(1)
Notice is given as set forth above and the animal remains unclaimed;
or
(2)
The owner or person keeping or harboring the animal has not claimed
the animal and paid all expenses incurred by reason of its detention,
including maintenance costs not exceeding $4 per day; or
(3)
The owner or person keeping or harboring a dog which was unlicensed
at the time of seizure does not produce a license and registration
tag for the dog.
D.
At the time of adoption, the right of ownership in the animal shall
transfer to the new owner. No dog or other animal so caught and detained
or procured, obtained, sent or brought to a pound or shelter shall
be sold or otherwise made available for the purpose of experimentation.
Any person who sells or otherwise makes available any such dog or
other animal for the purpose of experimentation shall be guilty of
a crime of the fourth degree.
E.
After observation, any animal seized under this section suspected
of being rabid shall be immediately reported to the executive officer
of the local board of health and to the Department of Health and Senior
Services.
A.
The Animal Control Officer of the Borough shall be responsible for
all dogs impounded or taken into custody under the provisions of this
article or state statutes and shall designate the place where such
dogs are to be impounded or held in custody.
B.
Except for the issuance of dog licenses, which shall be done by the
office of the Borough Clerk, this article shall be enforced by the
Animal Control Officer of the Borough. However, nothing herein shall
be deemed to prohibit any police officer of the Borough from enforcing
any provisions hereof.
All New Jersey licensed animal facilities for dogs or other
animals shall be open at all times for inspection and examination
by the Borough Health Department.
A.
It shall be unlawful for any property owner or tenant to allow any
domesticated or caged animal to create a sound across a real property
line which unreasonably disturbs or interferes with the peace, comfort,
and repose of any resident, or to refuse or intentionally fail to
cease the unreasonable noise when ordered to do so by a Noise Control
Officer or Noise Control Investigator. Prima facie evidence of a violation
of this section shall include but not be limited to:
(1)
Vocalizing (howling, yelping, barking, squawking, etc.) for five
minutes without interruption, defined as an average of four or more
vocalizations per minute in that period; or
(2)
Vocalizing for 20 minutes intermittently, defined as an average of
two vocalizations or more per minute in that period.
B.
It is an affirmative defense under this subsection that the dog or
other animal was intentionally provoked to bark or make any other
noise.
No person owning, harboring, keeping or in charge of any dog
shall allow or permit it to do any injury to any person or to do any
damage to any lawn, shrubbery, flowers, garden, grounds or property
of another person or to any public property.
No person owning, keeping or harboring a dog shall allow or
permit it to do any injury or damage to any domestic animals.
A.
Operating a commercial dog breeding, boarding or kennel or day-care
type service is prohibited on any residential property.
B.
Sale.
(1)
The sale, or offer for sale, of dogs or cats in any commercial establishment
in the Borough is prohibited.
(2)
Nothing in this section shall be construed to prohibit a retail pet
store or other commercial establishment from providing space to an
animal rescue organization or an animal shelter to publicly showcase
dogs or cats available for adoption.
(3)
An animal rescue organization or animal shelter may offer dogs or
cats for adoption at their facility.
(4)
Animal rescue organization does not include any entity that breeds
animals or that: 1) is located on the same premises as; 2) has any
personnel in common with; 3) obtains, in exchange for payment or any
other form of compensation, dogs or cats from; or 4) facilitates the
sale of dogs or cats obtained from a person or establishment that
breeds animals.
Unless another penalty is expressly provided herein, any person,
firm or corporation violating this article shall be subject, upon
conviction, to one or more of the following at the discretion of the
court: a fine not to exceed $1,000 or imprisonment in the county jail
for a term not to exceed 90 days or community service not to exceed
90 days. A separate offense shall be deemed committed on each day
during or on which a violation occurs or continues.
