Borough of Mendham, NJ
Morris County
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Table of Contents
Table of Contents
[Adopted 11-4-1974 as Ch. 56 of the 1974 Code]
Editor's Note: Ordinance No. 9-05, adopted 5-2-2005, provided for the renaming of this chapter, formerly “Animals,” and the renaming of Art. I, formerly “Dogs.”
As used in this article, unless the context otherwise clearly indicates, the following terms shall have the meanings set forth below:
Off the premises of the owner and not under the control of the owner or a member of his or her immediate family, either by leash, cord, chain or otherwise.
Both a male or female, spayed or unspayed dog.
Any person or persons, firm, association or corporation owning, keeping or harboring a dog.
A domesticated animal (other than a disability assistance animal) kept for amusement or companionship.
[Added 5-2-2005 by Ord. No. 9-05]
Any person or persons who shall own, keep or harbor any dog or dogs, male or female, over the age of seven months shall register and number the same with the Clerk of the borough.
The Clerk of the borough is hereby authorized to furnish and issue a metal plate or tag, duly numbered, to any person or persons requesting the same for each dog belonging to him or her or harbored by him or her, which metal plate or tag so numbered shall be securely fastened by the owner to a collar to be placed on each dog as registered and numbered. The Clerk shall keep a record of the dog or dogs registered, with the number of each dog so registered.
[Amended 10-1-1979 by Ord. No. 17-79; 10-5-1981 by Ord. No. 11-81; 2-16-1988 by Ord. No. 2-88]
The person applying for the license and registration tag shall pay fees as set forth in Chapter 102, Fees, for each dog in addition to the fees for license and registration tags, pursuant to P.L. 1983, c. 181.[1]
Editor's Note: See N.J.S.A. 4:19-15.3c.
The owner of any dog which is not neutered or spayed at the time application is made for a license and registration tag shall pay a fee as set forth in Chapter 102, Fees, in addition to the fees described above, pursuant to P.L. 1983, c. 172.[2]
Editor's Note: See N.J.S.A. 4:19-15.3b.
No owner of a dog will be exempt from the fee described in Subsection B above unless the owner presents to the Borough Clerk or Deputy Borough Clerk a certification signed by a licensed doctor of veterinary medicine stating that the dog for which a license is sought has been spayed or neutered.
If a license tag has been misplaced or lost, the Borough Clerk may issue a duplicate tag for that particular dog for a fee as set forth in Chapter 102, Fees.
[Added 5-7-1990 by Ord. No. 10-90]
Dogs used as guides for blind persons and commonly known as "Seeing Eye" dogs, dogs used to assist handicapped persons and commonly known as "Service" dogs and dogs used to assist deaf persons and commonly known as "Hearing Ear" 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
[Added 6-7-1999 by Ord. No. 15-99]
[Amended 6-7-1999 by Ord. No. 15-99]
Each license shall expire on January 31 each year.
[Amended 11-3-1975 by Ord. No. 22-75; 12-19-2005 by Ord. No. 34-05]
Any dog owner or person harboring a dog found to have an unlicensed dog by the Borough dog canvassers or any other municipal official after February 1 shall be required to pay an additional delinquent fee as set forth in Chapter 102, Fees, plus the required license fee as provided in § 73-4, for his or her dog license, together with any other fines due to summons issued that may be imposed on him or her for failure to obtain a dog license before February 1. The aforementioned fee shall not apply to dogs which have been acquired by the owner after February 1, for which the license fee shall be the same as required by § 73-4. The owner, however, must present sufficient proof to establish that the dog was acquired after February 1.
[Amended 3-6-1989 by Ord. No. 6-89]
The Mayor and Council may, by resolution, from time to time, establish a public pound or pounds for dogs and appoint their keepers thereof, who shall possess the powers granted and perform the duties required by the provisions of this article.
[Amended 10-1-1979 by Ord. No. 17-79; 3-6-1989 by Ord. No. 6-89; 11-21-1994 by Ord. No. 18-94]
No owner of a dog shall permit or suffer it to run at large in the Borough of Mendham at any time. Any dog or dogs, male or female, found running at large within the Borough of Mendham in violation of any provision of this article may be taken by a certified Animal Control Officer and driven or carried to any pound for such dogs established by the borough, and it shall be the duty of the keeper thereof to enter in a book to be kept by him or her for that purpose the record thereof and the time of bringing the same, respectively, and the name of the owner, if the name of the owner is known; and the owner or person claiming any such dog shall pay to the keeper of the pound a redemption fee according to the schedule set forth in Chapter 102, Fees.
If neither the Society for the Prevention of Cruelty to Animals nor any other persons shall claim any such dog so impounded and pay the amount above provided for within the space of seven days from the mailing of the notice aforesaid, it shall be the duty of said keeper to humanely kill such dog immediately thereafter and properly bury the same, and for every dog so killed and buried as aforesaid, said keeper shall be entitled to receive the sum set forth in Chapter 102, Fees, to be paid by warrant on presentation and return to the Borough Clerk of the number of dogs so killed and buried as aforesaid, which return shall be duly certified by the Mayor and Council of the borough and verified by the oath or affirmation of said keeper and shall be kept preserved in the office of the Borough Clerk.
All public pounds for dogs shall be open at all times for inspection and examination by the Mayor and Council, and it shall be the duty of the Mayor and Council and it is hereby authorized and empowered to prescribe and enforce such regulations in regard to the keeping, feeding and killing of dogs impounded as aforesaid and as it may deem expedient.
[Amended 10-4-1976 by Ord. No. 8-76]
No person shall keep, harbor or maintain a dog or dogs which bark or cry with such frequency or duration and at such times of the day or night as to disturb the peace and quiet of the neighborhood.
[Added 8-7-1978 by Ord. No. 14-78; amended 5-2-2005 by Ord. No. 9-05; 12-5-2016 by Ord. No. 16-16]
Purpose. The purpose of this section is to protect the health, safety and welfare of all those frequenting this municipality by establishing requirements for the proper disposal of dog or pet feces/solid waste and preventing the needless health hazards and nuisances caused by dog or pet feces/solid waste upon public and private property located within the Borough.
Nuisance prohibited; curbing of dogs or other pets; responsibility of owner.
Any person owning or in charge of any dog or pet which soils, defiles, defecates on or commits any nuisance on any common thoroughfare, sidewalk, passageway, bypath, play area, park or any place where people congregate or walk, or upon any public property whatsoever, including the portion of the street lying between the curb lines and commonly used for curbing dogs or pets, or upon any private property without permission of the owner of said property, shall immediately remove all feces/solid waste deposited by any such dog or pet in a sanitary manner. Owners of private property shall likewise dispose of any dog or pet feces/solid waste removed from their own private property in a sanitary manner.
The dog or other pet feces/solid waste removed from the aforementioned designated areas shall be disposed of by the person owning or in charge of the dog or pet by placement in one of the following receptacles:
A designated public waste receptacle;
The dog or pet owner's, sealed, nonabsorbent, leakproof container which is regularly emptied by the municipality or some other refuse collector; or
A system designed to convey domestic sewage for proper treatment and disposal.
All dog or other pet feces/solid waste must be first placed into an individual bag which shall be tied before placement into the receptacle. Under no circumstances may dog or other pet feces/solid waste be deposited into a privately owned waste receptacle other than a receptacle owned by the dog or pet owner.
The provisions of this section shall not apply to dog or pet owners and keepers who require the use of a disability assistance animal while such animal is being used for that purpose.
[Added 6-7-1999 by Ord. No. 15-99]
Applicable state law. State law governing vicious and potentially dangerous dogs and all requirements pertaining to the declaration of vicious and potentially dangerous dogs are set forth in N.J.S.A. 4:19-17 et seq.
Costs of impoundment to be responsibility of owner. If a dog is declared to be vicious or potentially dangerous pursuant to N.J.S.A. 4:19-17 et seq., the owner shall be liable to the township for all costs and expenses associated with its impoundment and destruction. The fees for impoundment shall be as set forth in Chapter 102, Fees. Fees for humane destruction shall be charged at the rate charged by the entity or individual providing such service to the municipality.
Potentially dangerous dog license; fee. It shall be the duty of the owner of a dog which is declared to be potentially dangerous to secure a special potentially dangerous dog license, registration number and red identification tag and comply with any other conditions imposed by the Municipal Court pursuant to N.J.S.A. 4:19-24. The license fee for a potentially dangerous dog shall be as set forth in Chapter 102, Fees.
[Amended 6-7-1999 by Ord. No. 15-99]
Except as otherwise provided by N.J.S.A. 4:19-15.1 et seq. any person who violates §§ 73-2 and 73-3 of this article shall be liable to a penalty of not less than $5 nor more than $50 for each offense, to be recovered by and in the name of the Director of Health of the State of New Jersey, or by and in the name of the local Board of Health, or by and in the name of the municipality, as the case may be, except that for the first offense in the cases of violations of §§ 73-2 and 73-3, the penalty shall be not less than $1 nor more than $50, to be recoverable in the same manner.
For any other violation of the provisions of this article, a person shall be subject, upon conviction, to the penalties provided in § 1-15 of this Code.
[Amended 4-2-2007 by Ord. No. 3-07]