[Adopted 6-28-1937 by Ord. No. 71 (Ch. 55, Art. I of 1974 Code)]
[Amended 2-9-1954 by Ord. No. 116; 3-24-1959 by Ord. No. 130; 5-14-1974; 10-27-1981 by Ord. No. 340; 2-25-1986 by Ord. No. 383; 8-27-1996 by Ord. No. 96-7; 2-11-1997 by Ord. No. 97-3; 7-25-2000 by Ord. No. 00-6; 12-12-2000 by Ord. No.
00-10; 6-22-2004 by Ord. No. 04-16; 9-25-2007 by Ord. No. 07-12; 12-14-2010 by Ord. No. 10-14; 7-23-2019 by Ord. No. 2019-09]
Any person who shall own, keep or harbor a dog
of licensing age shall pay a sum of $15 for neutered dogs and $20
for nonneutered dogs (inclusive of all state fees) for the license
and registration tag, together with such sum as the State of New Jersey
shall require to be paid to it, for each dog; and for each annual
renewal the fee for the license and registration shall be the same
as for the original license and tag. The Borough of Alpha senior citizen
rate shall be $10 for neutered dogs and $15 for nonneutered dogs.
Such owner must show proof of being age 65 before January 31 of that
licensing year. Said licenses, registration tags and the renewals
thereof shall expire on the last day of January in each year. The
replacement cost for a lost registration tag shall be $3.
Any person deemed to be the owner of a dog of
licensing age must have proof of a valid rabies vaccination which
must be good through October 31 of that year as required by N.J.S.A.
4:19-15.2a. The owner must prove that the animal has been inoculated
with a rabies vaccine 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 Health and Human Services, or
has been certified exempt as provided by regulations of the State
Department of Health. Such vaccination shall be repeated at intervals
as provided by regulations of the State Department of Health and shall
be administered by a duly licensed veterinarian or by such other veterinarian
permitted by law to do the same. The State Department of Health shall
promulgate regulations providing for the recognized duration of immunity,
interval of inoculation, certificate of vaccination, certificate of
exemption and such other matters related to this act.
[1]
Editor's Note: This ordinance also provided
that it shall be effective 1-1-1997.
[Added 7-25-2000 by Ord. No. 00-6; amended 7-23-2019 by Ord. No. 2019-09]
No more than a total of three dogs (of licensing
age) and/or cats shall be kept, maintained or harbored at one time
for any length of time in any one household. All persons having harbored
or controlled more than the maximum number permitted under this provision,
on or before the effective date hereof, shall be permitted to keep
said dogs and cats, with license(s) for dogs, but these dogs and cats,
after death, disposal or other attrition, shall not be replaced without
compliance with all the provisions of this chapter.
Every person who harbors or possesses any dog
for more than 15 days shall be deemed, for the purposes of this article,
to be the owner of the dog or dogs so harbored or possessed.
Each license fee shall be due and payable at
the office of the Borough Clerk on the 31st day of January in each
year. Upon receipt of any such fee, it shall be the duty of said Clerk
to issue to the owner of such dog a numbered license which shall contain
the name of the person to whom the license is issued and a short description
of the dog, indicating the breed, sex and markings; and the Borough
Clerk shall also deliver to such person a numbered metal tag on which
shall be stamped thereon the words "Borough of Alpha, New Jersey,"
with a number thereon as the case may be, and the year in which the
license is issued; and it shall be the duty of the person who owns
such dog for which the license is obtained to securely fasten or affix
such metal license tag under his strap or collar and to place it about
the neck of the dog licensed; such license shall expire on the last
day of January the next year after the issuance thereof.
[Amended 5-14-1974]
No person who owns or has in his care or possession
any dog within the Borough of Alpha shall neglect or refuse to license
such dog or to pay the fee thereon as herein required.
[Amended 5-14-1974]
No person shall own a dog without such license
tag or shall keep or knowingly permit an unlicensed dog to wear such
metal tag.
The Mayor shall have the authority, when, in
his opinion, the public safety may require it, to issue a proclamation
authorizing the destruction of all dogs, male or female, found running
at large within the limits of the Borough of Alpha except such as
shall be properly muzzled with a wire muzzle about the head securely
fastened, and he may specify the time for which this proclamation
shall remain in force.
[1]
Editor's Note: Former Section 7, which immediately
followed this section and provided for the seizure, impoundment and
redemption of unlicensed dogs, was repealed 5-14-1974. See now N.J.S.A.
4:19-15.16.
The members of the Borough Council may, by resolution,
appoint at such times and for such terms as may from time to time
seem expedient one or more persons as Animal Control Officer or Poundkeeper,
whose duty it will be to seize and impound all dogs found to be kept
or harbored or running at large and liable to seizure under the provisions
of this article, and to be put to death or cause to be put to death
as humanely as possible and be removed from the Borough and bury all
dogs not redeemed in accordance with the provisions hereof. The compensation
of such Animal Control Officer or Animal Control Officers shall be
fixed by resolution of the members of the Borough Council[1] or, in the event that such resolution has not been adopted,
shall be subject to the direction and supervision of the Mayor.
[Amended 5-14-1974]
No person or persons shall hinder, interfere
with or molest any person appointed as Animal Control Officer or any
assistant employed by him or any officer of the Borough of Alpha or
any other duly authorized agent in the performance of any duties enjoined
by this article or resolution of the Borough Council.
[Amended 5-14-1974; 6-22-2004 by Ord. No. 04-16; 7-20-2021 by Ord. No. 2021-08]
No vicious dog, whether registered or not, shall
be permitted by the owner or person harboring the same to be in or
upon any public street or public place in the Borough of Alpha at
any time or to trespass upon the property of any other person in the
Borough of Alpha, and such dog in violation of this section may be
impounded and may be killed as is provided for in N.J.S.A. 4:19-15.16.
Any police officer in the Borough of Alpha, the Animal Control Officer,
any other duly authorized agents of the Borough of Alpha, and/or any
persons or residents who have been personally affected or are victims
are hereby empowered without further appointment or designation to
enforce the provisions of this section to the extent permitted under
N.J.S.A. 4:19-15.1, et seq.[2]
[1]
Editor's Note: See N.J.S.A. 4:19-17 et seq.
for additional requirements pertaining to vicious and potentially
dangerous dogs.
[2]
Editor's Note: Original § 55-10,
Seizure and impoundment; notice to owner; redemption or disposal,
which was added to this article 5-14-1974, as amended, was deleted
6-22-2004 by Ord. No. 04-16. For current regulations on impoundment
and redemption of dogs, refer to N.J.S.A. 4:19-15.16.
[1]
Editor's Note: Former § 134-12, Annual canvass of dogs,
as amended, was repealed 7-23-2019 by Ord. No. 2019-09.
[Added 5-14-1974]
Any officer or agent authorized or empowered
to seize a dog hereunder is hereby authorized and empowered to go
upon any premises to take into custody any dog which he may lawfully
seize when he is in immediate pursuit of such, except upon the premises
of the owner of the dog if said owner is present and forbids the same.
[Added 4-13-1976 by Ord. No. 257; amended 7-20-2021 by Ord. No. 2021-08]
No person owning, keeping or harboring any dog,
either licensed or unlicensed, shall suffer, permit or allow it to
run at large off the premises of the owner. Any police officer in
the Borough of Alpha, the Animal Control Officer, any other duly authorized
agents of the Borough of Alpha, and/or any persons or residents who
have been personally affected or are victims are hereby empowered
without further appointment or designation to enforce the provisions
of this section to the extent permitted under N.J.S.A. 4:19-15.1,
et seq.
[Added 6-25-1991 by Ord. No. 455]
If any such person shall permit such dog to
soil, defile, defecate or commit any nuisance in the aforesaid areas,
he or she shall immediately remove and dispose of all feces and droppings
deposited by said dog, which removal shall be in a sanitary manner
by shovel, container and disposal bag, or by other sanitary means,
and shall dispose of such feces in a sanitary manner.
[Added 5-14-1974; amended 4-12-1980 by Ord. No. 311; 11-28-1995 by Ord. No. 95-19; 7-25-2000 by Ord. No. 00-6[1]]
A.Â
Any person who fails to obtain a dog license in compliance
with any of the foregoing provisions shall be subject to penalty set
forth in N.J.S.A. 4:19-15.19.
B.Â
Any person violating or failing to comply with any
of the remaining provisions of this article shall, upon conviction
thereof, be punishable by a fine of not more than $1,250, by imprisonment
for a term not to exceed 90 days or by a period of community service
not exceeding 90 days, or any combination thereof. The continuation
of such violation for each successive day shall constitute a separate
offense, and the person or persons allowing or permitting the continuation
of the violation may be punished as provided above for each separate
offense.
