[Adopted 7-11-1939 by Ord. No. 616]
As used in this article, the following terms
shall have the meanings indicated:
Any dog of any age, including female as well as male.
Any lot, building, structure, enclosure or premises whereupon
or wherein four or more dogs are kept or maintained for any purpose
other than that of veterinary care.
The harboring of a dog or dogs shall be evidence of ownership
for the purpose of enforcing any section of this article.
Any dog for which the license for the current year has not
been paid, or to which the tag for the current year provided for in
this article is not attached.
[Amended 12-17-1952 by Ord. No. 764; 11-22-1967 by Ord. No.
990; 10-19-1977 by Ord. No. 1261]
Every person who shall own or maintain a dog in this town shall procure a license and a registration tag for each and every dog; provided, however, that any dog trained to lead the blind, when owned by a blind person, shall be exempt from the license provision of this article. The fee for obtaining said license shall be as provided in Chapter 186, Art. II, Health Department Fees.
[Added 12-17-1952 by Ord. No. 764; amended 11-22-1967 by Ord. No.
990]
Each license fee and registration tag fee shall
be due and payable in advance on the first day of February in each
year and shall expire on the 31st day of January of the following
year. The full amount of fees shall be payable for any fraction of
any such year.
[Amended 10-19-1977 by Ord. No. 1261]
Any person, firm or corporation, existing, conducting, managing or operating any dog kennel, or engaged in the business of boarding or housing dogs within the limits of the Town of West New York, shall pay for the privilege of maintaining, conducting or operating such kennel a license fee as established by Chapter 186, Art. II, Health Department Fees. This license tax shall be in lieu of individual license taxes for such dogs.
[Amended 10-19-1977 by Ord. No. 1261]
Each license tax shall be due and payable in
advance on the first day of February of each year and shall expire
on the 31st day of January of the following year. The full amount
of the tax shall be payable for any fraction of any such year.
[Amended 10-19-1977 by Ord. No. 1261]
Dog and kennel license fees shall be paid to
the Health Officer and shall be subject to the supervision and direction
of the Health Officer. Upon receipt of any such fee, it shall be the
duty of the Health Officer to register in a book provided for that
purpose, the name and address of the owner of the dog and a short
description of the dog, indicating breed, sex and markings, and it
shall be the duty of the license tax collector to issue to the person
paying same a numbered license tag which shall have stamped thereon
the words, "Licensed (male or female) dog - West New York, N.J." together
with numerals indicating the year for which such metal tag is issued.
[Amended 8-19-2009 by Ord. No. 21/09]
No dog under the ownership or custody (temporary
or otherwise) of a resident of West New York shall be allowed upon
any public thoroughfare, sidewalk, passageway, bypath, play area,
park or any other public place or property (“public thoroughfare”)
within the limits of the Town of West New York without a metal tag,
as herein provided, firmly fastened and worn upon a strap or collar
about its neck. Prior to the issuance of any tag, an owner must be
in full compliance with all sections of this chapter and all appropriate
New Jersey statutes. This includes, but is not limited to, current
rabies vaccination certificate. No dog not in the ownership or custody
of a resident of the Town of West New York shall be allowed upon any
public thoroughfare, sidewalk, passageway, bypath, play area, park
or any other public place or property (“public thoroughfare”)
within the limits of the Town of West New York without a metal tag
or other document equivalent to a metal tag required of a resident
dog owner or custodian, if such document or tag is required by the
custodian or owner’s resident jurisdiction. The fee for a dog
tag shall not exceed $25.
[Amended 8-19-2009 by Ord. No. 21/09]
No dog shall be permitted to run at large upon any public thoroughfare within the limits of the Town of West New York, New Jersey, unaccompanied by its owner or his or her representative. Such dog shall be considered at large unless fastened to a leash or chain securely held by the owner or custodian of such dog; provided, however, that no dog shall be deemed to be at large within the provisions of this article while on the premises of the owner or custodian. Except for Seeing Eye or guide dogs, no dog shall be permitted in any public park or playground owned by, operated by or subject to the control and supervision of the Town of West New York or any of its autonomous bodies, except in such areas as may be designated from time to time by the Town of West New York by resolution or ordinance of the Board of Commissioners. Any owner (resident or nonresident) of a dog, prior to allowing said dog to enter into any designated park or playground in the Town of West New York, must display a dog tag upon request for such dog as required by § 174-7. Any person walking a dog in a park or playground agrees to accept the risk for any actions taken by or to himself or herself or his or her respective dog. As part of the application process, all dog owners are required to sign a release and waiver of liability indicating they accept all risk and indemnify and hold harmless the Town of West New York, its agents, officers and employees. All dog owners shall be strictly liable and responsible for any actions of their dogs, including any which cause injury to other dogs or persons while in or about a park of the Town of West New York. The form for the acceptance of risk, release and waiver shall be as approved by the Town Manager.
[Amended 12-18-1974 by Ord. No. 1167; 3-19-1997 by Ord. No. 6/97; 8-19-2009 by Ord. No. 21/09]
A.
It shall be lawful for and the duty of any police
officer, dog or animal warden or pound keeper or other Town employee
charged with a duty to enforce this article, to seize and impound
any dog running at large on any public thoroughfare or any dog not
wearing a license tag of the current year, except for dogs that are
being utilized as guide dogs for the blind or for the assistance of
disabled persons.
B.
Such dog when seized shall be impounded in a suitable
licensed facility. The owner of any such dog so seized shall be entitled
to redeem the same within seven days, upon providing his ownership
to the satisfaction of such warden or person in charge of the pound
and upon the presentation of a current license issued by the West
New York Department of Health and also payment for maintaining and
feeding the dog.
C.
If said
dog is not redeemed within seven days after seizure, as herein provided,
it shall be destroyed or given up for adoption or otherwise disposed
of according to law.
D.
If a dog
seized bears a license tag, microchip identification, or if, through
reasonable inspection of any identifying tags or information on its
collar, its owner can be identified, said owner shall be notified,
in writing, that the dog has been seized and will be liable to be
disposed of 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 to be served or by leaving or mailing
it at the person's usual or last known place of abode.
E.
If a seized
dog bears no license tag and its owner cannot be located or identified
or the person keeping or harboring said dog has not claimed said dog,
then said dog may be destroyed or given up for adoption after seven
days, or otherwise disposed of according to law.
F.
No Seeing
Eye dog or guide dog shall be so impounded.
[Added 12-18-1974 by Ord. No. 1167; 3-19-1997 by Ord. No. 6/97]
Any police officer, dog or animal warden, poundkeeper
or other public officer authorized for the purpose shall take such
action as may be necessary for the public health and safety. With
respect to any animal at large, in case of need, according to the
standards and procedures hereinabove established as to dogs or as
near as may be.
[Amended 8-19-2009 by Ord. No. 21/09]
Except as otherwise may be permitted by law,
it shall be unlawful for any person to allow his or her dog to enter
any food establishment, which for the provisions of this article includes
any place used in the production, preparation, manufacture, packing,
storage, transportation or handling of food intended for sale or distribution.
All dogs entering food establishments must be controlled as otherwise
provided for in this article.
[Amended 8-19-2009 by Ord. No. 21/09]
A.
It shall
be unlawful for any person to allow his or her dog to commit any nuisance
in any food establishment as herein defined, or on any common thoroughfare,
public thoroughfare or upon any lawns, shrubbery or trees on any public
property; or upon lawns, shrubbery or trees on any private property
not belonging to the owner of said dog except as otherwise herein
provided.
B.
No person
shall harbor or keep any dog within the boundaries of the Town of
West New York that habitually barks so as to disturb the peace and
quiet of the persons residing in the Town.
C.
The West
New York Police Department, Animal Control Officer or any other appropriate
Town official may cause a hearing to be held in the Municipal Court
of the Town of West New York for a determination and declaration as
to whether a dog is potentially dangerous and/or vicious or habitually
barks so as to disturb the peace and quiet of persons residing in
the Town.
D.
No person
shall keep or harbor any vicious dog anywhere within the limits of
the Town of West New York. Any person found to be harboring any vicious
dog within the limits of the Town of West New York shall destroy or
otherwise dispose of such dog within two weeks of notice to do so.
Any person who fails to destroy or otherwise dispose of such dog shall
be subject to a fine of $1,000 and/or up to 90 days in jail, at the
discretion of the Municipal Court Judge.
[Amended 12-18-1974 by Ord. No. 1167; 10-19-1977 by Ord. No.
1261; 3-19-1997 by Ord. No. 6/97; 8-19-2009 by Ord. No.
21/09]
A.
Every
owner or person maintaining any dog, who shall neglect or refuse to
pay the license fee in the manner herein provided, or who shall allow
any dog to run at large upon the public thoroughfares of said Town,
as herein provided, or owner or person resident of the Town who shall
show any dog upon the public thoroughfares without a metal tag, as
herein provided, and any person or persons whose dog makes disturbing
noises, the same as herein provided, or who shall allow his or her
dog to enter any food establishment, as herein provided, or to allow
his or her dog to defile any private property or common thoroughfare,
as herein provided, or any person who shall hinder, molest or interfere
with any person authorized or empowered to perform any duty under
this article, shall be adjudged guilty of a violation of this article,
and upon conviction thereof, shall be subject to a fine of not more
than $50 for the first violation, $250 for the second violation, $500
for the third violation, $750 for the fourth violation or not more
than $1,000 for the fifth or subsequent violation and/or imprisonment
for a period of up to 90 days, or both, for such fifth or subsequent
violation and may also be required to perform community service, as
determined by the Municipal Court Judge. Any person who aids, assists
or abets in the violation of any provision of this article shall be
subject to the penalties herein provided for.
B.
This article
shall be enforced by the Animal Control Warden, members of the West
New York Police Department, members of the West New York Parks and
Recreation Department, Code Enforcement Department and any Town employee
or official designated by the Director of the Department of Public
Works or Parks and Recreation.
