[HISTORY: Adopted by the Township Committee of the Township of Andover as indicated in article histories. Subsequent amendments noted where applicable.]
[Adopted by Ord. No. 91-4 (Ch. IX of the 1973 Code); as amended through Ord. No. 91-24]
As used in this article, the following terms shall have the meanings indicated:
- ANIMAL CONTROL OFFICER
- A certified municipal Animal Control Officer or, in the absence of such an officer, the chief law enforcement officer of the municipality or his designee.
- Any dog, bitch or spayed bitch or dog hybrid.
- DOG OF LICENSING AGE
- Any dog which has attained the age of seven months or which possesses a set of permanent teeth.
- DOMESTIC ANIMAL
- Any cat, dog, or livestock other than poultry.
- Any establishment where the business of boarding, selling or breeding dogs for sale is carried on, except a pet shop.
- When applied to the proprietorship of a dog, includes every person having a right of property in such dog and every person who has such dog in his keeping.
- PET SHOP
- Any room or group of rooms, cage or exhibition pen, not part of a kennel, wherein dogs for sale are kept on display.
- POTENTIALLY DANGEROUS DOG
- Any dog or dogs hybrid declared potentially dangerous by the panel pursuant to § 20-22 of this chapter.
- Any establishment for the confinement of dogs seized under the provisions of this chapter or otherwise.
- Any establishment where dogs are received, housed and distributed without charge.
No person shall own, keep or harbor within the Township more than five dogs on any residential property, regardless of property size, unless said property is a qualified farm. Six or more dogs shall constitute a kennel or shelter, which are defined herein at § 20-1 and are regulated by § 20-12. No person shall own, keep, or harbor any dog, within the Township, without obtaining a license therefor, to be issued by the Township Clerk or Animal Control Officer, upon application by the owner and payment of the prescribed fee, and no person shall keep or harbor any dog except in compliance with the provisions of this article.
[Amended 9-11-2017 by Ord. No. 2017-12 ]
The owner of any dog may, if the license tag is mislaid, stolen or lost, procure a replacement tag for $2. The owner must provide adequate proof that the dog is currently licensed for the year in which the replacement tag is desired.
[Amended 4-14-2008 by Ord. No. 2008-04; 10-24-2016 by Ord. No. 2016-14; 10-17-2019 by Ord. No. 2019-16]
Any person who shall own, keep or harbor a dog of licensing age shall in the month of January of each year, and annually thereafter, apply for and procure from the Township Clerk or Animal Control Officer a license and official metal registration tag for each such dog so owned, kept or harbored, and shall place upon each dog a collar or harness with the registration tag securely fastened thereto.
The person applying for the license and registration tag shall pay a fee as established herein for the licensing of each dog. The licenses, registration tags and renewals thereof shall expire on the last day of January of each year.
The fee for any dog, other than a potentially dangerous dog as defined herein, shall be $10.80 for each dog plus a registration fee of $1 and $0.20 for the pilot clinic fee for each dog. In addition, there will be an additional surcharge of $3 on all licenses issued for nonspayed and nonneutered dogs. The same fees shall be charged for the annual renewal of each license and registration tag.
[Amended 11-13-2002 by Ord. No. 2002-28; 4-14-2008 by Ord. No. 2008-04; 10-24-2016 by Ord. No. 2016-14; 10-17-2019 by Ord. No. 2019-16]
The annual fee for licensing a potentially dangerous dog and each renewal thereof shall be $500 per year.
Dogs used as guides for blind persons and commonly known as "Seeing Eye dogs," dogs used to assist handicapped persons commonly known as "service dogs" or dogs used to assist deaf persons and commonly known as "hearing ear dogs" shall be licensed and registered as other dogs as herein provided for, except that the owner or keeper of such dog shall not be required to pay any fee therefor.
Any dog owner or person harboring a dog, found to have any unlicensed dog by the Animal Control Officer, dog canvasser or any other municipal official after January 31 of any year, shall be required to pay an additional delinquent fee as provided for herein plus the required license and registration tag fees as provided in this chapter, in addition to any fine imposed for failure to obtain a dog license before February 1.
The Township Clerk or Animal Control Officer shall levy a per-calendar-month additional late fee of $10 for any license issued after January 31, effective January 1, 2016.
[Amended 4-14-2008 by Ord. No. 2008-04; 3-29-2010 by Ord. No. 2010-03; 10-24-2016 by Ord. No. 2016-14; 10-17-2019 by Ord. No. 2019-16]
Only one license and registration tag shall be required in any licensing year for any dog owned in New Jersey, and such license and tag issued by any other municipality of this state shall be accepted by the Township as evidence of compliance with this chapter.
The owner of any newly acquired dog of licensing age or of any dog which attains licensing age shall make application for license and registration tag for such dog within 10 days after such acquisition or age attainment.
The fee shall be the same as required in § 20-4. Failure to obtain a license as provided herein shall result in a delinquent fee being imposed as set forth in § 20-6. The owner shall be required to present sufficient proof to establish that the dog was acquired after February 1 and that application has been submitted within the ten-day requirement.
The application shall state the breed, sex, age, color and markings of the dog for which license and registration are sought; whether it is of a long- or shorthaired variety; and the name, street and post office address of the owner and the person who shall keep or harbor such dog.
There shall be provided with the application evidence that the dog to be licensed and registered 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 Health, Education and Welfare, or has been certified exempt as provided by regulations of the State Department of Health. No license or metal registration tag shall be issued without proof of inoculation as required hereunder.
The information on the application and the registration number issued for the dog shall be preserved for a period of three years by the Township Clerk. Registration numbers shall be issued in the order of the application.
The Township Clerk shall forward to the State Department of Health each month, on forms furnished by the Department, an accurate account of registration numbers issued or otherwise disposed of.
Any person who shall bring or cause to be brought into the Township any dog licensed in another state for the current year, and bearing a registration tag, and who shall keep the same or permit the same to be kept within the Township for a period of more than 90 days, shall immediately apply for a license and registration tag for each such dog.
Any person who shall bring or cause to be brought into the Township any unlicensed dog and shall keep the same or permit the same to be kept within the Township for a period of more than 10 days shall immediately apply for a license and registration tag for each such dog.
No person, except an officer in the performance of his duties, shall remove a registration tag from the collar of any dog without the consent of the owner, nor shall any person attach a registration tag to a dog for which it was not issued.
No licensed dog shall be allowed off the premises of the person harboring or keeping the dog, without the metal registration tag attached to its harness or collar.
Any person who keeps or operates or proposes to establish a kennel, a pet shop, a shelter or a pound shall apply to the Township Clerk for a license entitling him to keep or operate such establishment.
The application shall describe the premises where the establishment is located or is proposed to be located, the purpose or purposes for which it is to be maintained, and shall be accompanied by the written approval of the local Board of Health and the Planning/Zoning Board, showing compliance with the local and state rules and regulations governing location of and sanitation at such establishments.
All licenses issued for a kennel, pet shop, shelter or pound shall share the purpose for which the establishment is maintained. Such license shall expire on the last day of June of each year and shall be subject to revocation by the Township on recommendation of the State Department of Health or the local Board of Health for failure to comply with the rules and regulations of the State Department of Health or the local Board of Health governing the same, after the owner has been afforded a hearing by either the State Department of Health or the local Board of Health in accordance with the statutes providing for such hearings.
Any such person holding such license shall not be required to secure individual licenses for dogs owned by him and kept at such establishments. Such license shall not be transferable to another owner or different premises.
One female dog for breeding purposes may be kept by not more than one person for each family household without obtaining a kennel license for not more than one litter per year, and further provided that the pups from such breeding shall be sold or disposed of after seven months of age, unless kept as licensed dogs, and that the female dog kept for breeding purposes must be registered as a breed bitch each year when the license for the dog is obtained.
The fees for kennels and pet shops shall be as follows and shall be paid with the application:
[Amended 4-14-2008 by Ord. No. 2008-04; 10-17-2019 by Ord. No. 2019-16]
No dog kept in a kennel, pet shop, shelter or pound shall be permitted off such premises except on leash or in a crate or other safe control.
A license fee and other monies collected or received under this chapter after payment to the state of its statutory fees shall be forwarded to the Chief Financial Officer of the Township within 30 days after collection or receipt and shall be placed in a special account separate from any of the other accounts of the Township, and such funds shall be used, expended or transferred only in accordance with statutes of the State of New Jersey governing and regulating the use, expenditure or transfer of such funds.
The Township Clerk shall forward to the State Department of Health a list of all kennels, pet shops, shelters and pounds licensed, within 30 days after the licenses therefor are issued, which list shall include the name and address of the licensee and the kind of license issued.
[Amended 4-14-2008 by Ord. No. 2008-04; 10-17-2019 by Ord. No. 2019-16]
Any person appointed by the Township Committee, for the purpose set forth pursuant to N.J.S.A. 4:19-15.15, shall biennially cause a canvass to be made of all dogs owned, kept or harbored within the limits of the Township and shall report, on or before September 1 of the year in which the census is taken, to the Township Clerk and to the local Board of Health and to the State Department of Health, the result thereof, setting forth in separate columns the names and addresses of persons owning, keeping or harboring unlicensed dogs, the number of unlicensed dogs owned, kept or harbored by each of said persons, together with a complete description of each of said unlicensed dogs.
[Amended 11-26-2018 by Ord. No. 2018-13]
The Mayor and the Township Committee shall appoint a certified Animal Control Officer pursuant to N.J.S.A. 4:19-15.16b and a Municipal Humane Law Enforcement Officer pursuant to N.J.S.A. 4:22-14.1 et seq. to enforce the provisions of this chapter and all other applicable laws.
The Animal Control Officer or other persons designated by the Mayor and Township Committee shall take into custody and impound or cause to be taken into custody and impounded, and thereafter destroyed or offered for adoption as hereinafter provided in this section:
Any dog off the premises of the owner or of the person keeping or harboring said dog which the official or his agent have reason to believe it is a stray dog.
Any dog off the premises of the owner or of the person keeping or harboring said dog without a current registration tag on his collar.
Any female dog in season off the premises of the owner or the person keeping or harboring said dog.
Any dog upon the public or private streets or in any public place not accompanied by a person over the age of 12 years and not confined as prescribed by § 20-21C, said dog shall be deemed to be a stray.
Any dog kept in a kennel, pet shop, shelter or pound and off such establishment and not confined or controlled as prescribed by § 20-12G said dog shall be deemed to be a stray.
Any dog or other animal that is suspected to be rabid.
Any dog which the owner or persons keeping or harboring said dog wishes to dispose of and to which he renounces ownership, custody and control, in writing.
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.
If any dog 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 the dog is known, an Animal Control Officer or anyone authorized by the Mayor and Township Committee shall forthwith serve on the person whose address is given on the collar, or on the owner or the person keeping or harboring the dog, if known, a notice in writing stating that the dog 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 Subsection B of 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 mail 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.
Any dog which shall bite any person and/or be suspected to be rabid shall be examined by a veterinarian within 24 hours after impoundment for the purpose of determining if such dog is affected by any disease and shall thereafter be quarantined for such period of time that the veterinarian shall determine as appropriate under the circumstances. The owner shall be required to pay for all testing and quarantine expenses. In lieu of impounding the dog, the Animal Control Officer may notify the owner to have the animal examined by a veterinarian within 24 hours after such notification and upon testing may order the owner to quarantine said dog in accordance with the instructions of the veterinarian. Failure of the owner to comply with the order of the Animal Control Officer and/or the quarantine instructions of the veterinarian, if any, shall result in a minimum fine of $150 plus additional fines for violation of this chapter, as may hereinafter be set forth.
When any dog so seized has been detained for seven days after notice, when notice can be given as above set forth in this section, or has been detained for seven days after seizure, when notice has not been and cannot be given as above set forth in this section, and if the owner or person keeping or harboring the dog has not claimed the dog and paid all expenses incurred by reason of its detention, and, if the dog be unlicensed at the time of the seizure and the owner or person keeping or harboring the dog has not produced a license and registration tag for the dog, the Animal Control Officer may cause the dog to be destroyed in a manner causing as little pain as possible or offered for adoption.
When any dog shall be delivered under Subsection A(8) of this section, no notice to the owner shall be required, unless the person delivering the dog is someone other than the owner, in which event the foregoing procedure shall be followed; if the person delivering the dog is the owner, the Animal Control Officer or any person so authorized may forthwith destroy the dog in a manner causing as little pain as possible.
There shall be charged to the owner of each dog which is impounded, pursuant to § 20-17 all fees incurred by the Township in the picking up and detention including the per-day maintenance fee for each day or part thereof that the dog has been impounded, which fees shall be paid before the dog can be released.
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 or dogs which he may lawfully seize and impound when such officer is in immediate pursuit of such dog or dogs, except upon the premises of the owner of the dog if the said owner is present and forbids the same.
No person shall hinder, molest or interfere with anyone authorized or empowered to perform any duty under this chapter.
Barking or crying dogs. No person shall allow any dog in his keeping, custody, control or ownership to bark, howl or cry, continuously for any period longer than 1/2 hour between the hours of 10:00 p.m. and 7:00 a.m. or otherwise repeatedly at intervals of more than 1/2 hour at any time of the day or night, in such volume or manner as to disturb the comfort, peace and repose of persons in the vicinity.
Running at large.
No person owning, keeping or harboring any dog shall suffer or permit such animal to run at large in, upon, or through any public, quasi-public or private street, public park or recreation area, public building, or any other public place or place to which the public is invited, and no person owning, keeping or harboring any dog shall suffer or permit such animal to run at large in, upon, or through any private property without the authority of the owner of the private property.
When a dog has been impounded for running at large, the Animal Control Officer shall file a complaint of this violation in the Municipal Court.
Dog to be accompanied by person over 12 years old; leash. No person owning, keeping or harboring any dog shall suffer or permit it to be upon the public or private streets or in any public place of the Township unless such dog is accompanied by a person over the age of 12 years and is securely confined and controlled by an adequate leash not more than six feet long.
The Animal Control Officer shall seize and impound a dog when the officer has reasonable cause to believe that the dog:
Attacked a person and caused death or serious bodily injury as defined in N.J.S.A. 2C:11-1(b) to that person;
Caused bodily injury as defined in N.J.S.A. 2C:11-1(a) to a person during an unprovoked attack and poses a serious threat of harm to persons or domestic animals;
Engaged in dog fighting activities as described in N.J.S.A. 4:22-24 and 4:22-26.
The dog shall be impounded until the final decision as to whether the dog is vicious or potentially dangerous pursuant to and in accordance with the provisions of N.J.S.A. 4:19-17 et seq. Subject to the approval of the municipal health officer, the dog may be impounded in a facility or other structure agreeable to the owner.
The Animal Control Officer shall notify the official responsible for convening a hearing pursuant to Section 5 and the municipal health officer within three working days that he has seized and impounded a dog pursuant to Section 3 of this Act, or that he has reasonable cause to believe that a dog has killed another domestic animal and that a hearing is required. The Animal Control Officer shall through a reasonable effort attempt to determine the identity of the owner of any dog seized and impounded. If its owner cannot be identified within seven days, that dog may be humanely destroyed.
The chief law enforcement officer of the municipality or the municipal health officer shall select a panel of three qualified individuals knowledgeable about dog behavior and conduct a hearing, within 30 days of the receipt of the signed statement from the dog's owner as required by Subsection b of Section 4 of this Act, to determine whether the dog impounded pursuant to Section 3 of this Act is vicious or potentially dangerous. In no case may the municipal officer who is the supervisor of the Animal Control Officer presenting the case, select the panel. If neither the chief law enforcement officer of the municipality nor the municipal health officer is the Animal Control Officer's supervisor, the municipal health officer shall select the panel and conduct the hearing. To the greatest extent practicable, the selected panel shall collectively represent a diverse background in dog behavior, and in no case may all of the members of the panel be from the same discipline nor may a panel include any individual connected to the case. Upon request, the Department may recommend to the municipal health officer or chief law enforcement officer of the municipality the names of qualified individuals to serve on the enforcement officer of the municipality the names of qualified individuals to serve on the panel. For the purposes of this section, "qualified individuals" means:
Veterinarians specializing in the treatment of dogs and cats;
American Kennel Club certified dog breed or obedience judges;
Professional dog handlers who are members of the Professional Handlers Association or who are recommended by either a professional handlers association member or an American Kennel Club certified dog breed judge;
Professional dog obedience trainers who are members of the National Association of Dog Obedience Instructors or who are recommended by a National Association of Dog Obedience Instructors member or an American Kennel Club dog obedience judge;
Dog behavior modification trainers who are recommended by a veterinarian specializing in the treatment of dogs and cats, an American Kennel Club dog obedience judge, a National Association of Dog Obedience Instructors member or person in Subsection D(6) below; or
Animal behaviorists with at least a bachelor's degree in animal behavior specializing in the treatment of canine behavior disorders.
The official conducting the hearing shall notify the owner of the impounded dog by certified mail, return receipt requested, and the Department of Health of the date and time of the hearing and the names of the panel members selected. During the hearing, the owner shall have the opportunity to present evidence to demonstrate that the dog is not vicious or potentially dangerous.
If the panel pursuant to N.J.S.A. 4:19-20 declares a dog to be vicious and no appeal is made of the ruling pursuant to N.J.S.A. 4:19-25, the dog shall be destroyed in a humane and expeditious manner. No dog may be destroyed during the pending of an appeal.
If the panel pursuant to N.J.S.A. 4:19-20 declares a dog to be potentially dangerous, it shall issue an order and schedule for continuance as required by N.J.S.A. 4:19-24 and may require the owner to comply with additional conditions permitted to be imposed by said statute.
If a dog is declared vicious or potentially dangerous, and all appeals pertaining thereto have been exhausted, the owner of the dog shall be liable to the Township for the costs and expenses of impounding and destroying the dog. The owner shall incur the expense of impounding the dog in a facility other than the municipal pound, regardless of whether the dog is ultimately found to be vicious or potentially dangerous.
The owner of a potentially dangerous dog shall:
Comply with the provisions of this section in accordance with a schedule established by the panel, but in no case more than 60 days subsequent to the date of determination;
Notify the licensing authority, local police department or force, and the Animal Control Officer if a potentially dangerous dog is at large, or has attacked a human being or killed a domestic animal;
Notify the licensing authority, local police department or force, and the Animal Control Officer within 24 hours of the death, sale or donation of a potentially dangerous dog;
Prior to selling or donating the dog, inform the prospective owner that the dog has been declared potentially dangerous;
Upon the sale or donation of the dog to a person residing in a different municipality, notify the department and the licensing authority, police department or force, and Animal Control Officer of that municipality of the transfer of ownership and the name, address and telephone of the new owner.
Registration of potentially dangerous dogs:
The Township Clerk shall issue a potentially dangerous dog registration number and red identification tag along with a municipal potentially dangerous dog license upon a demonstration of sufficient evidence by the owner to the Animal Control Officer that he has complied with the panel's orders. The last three digits of each potentially dangerous dog registration number issued by a municipality will be the three-number code assigned to that municipality in the regulations promulgated pursuant to Section 17 of the Act. The Animal Control Officer shall:
Verify, in writing, compliance to the Municipal Clerk or other official designated to license dogs in the municipality.
Publicize a telephone number for reporting violations of the Act. This telephone number shall be forwarded to the Department, and any changes in this number shall be reported immediately to the Department;
Editor's Note: See N.J.S.A. 4:19-17.
Purpose. The purpose of this section is to protect the health, safety and welfare of all those frequenting this Township, by preventing the needless health hazards and nuisances caused by dog feces upon public and private property within the Township.
Defecation on private property. No person owning or in charge of any dog shall cause or allow such dog to soil, defile, defecate upon or commit any nuisance upon any private property, without the permission of the owner of the property. Any person owning or in charge of a dog which soils, defiles, defecates or commits any such nuisance shall immediately remove all feces deposited by such dog in a sanitary manner.
Defecation on public property. No person owning or in charge of any dog shall cause or allow such dog to soil, defile, defecate upon or commit any nuisance on any place where people congregate or walk, or upon any public property. Any person owning or in charge of a dog which soils, defiles, defecates or commits any such nuisance shall immediately remove all feces deposited by such dog in a sanitary manner.
Defecation on owner's property. No person shall permit the accumulation of dog feces upon his/her own property, or property occupied by him or her, to the extent that the odor may be noticeable to any adjoining property owners.
Disposal of defecation. The feces removed from the aforementioned designated areas shall be disposed of by the person owning or in charge of any such dog in a sealed, nonabsorbent, leakproof container. Disposition in a sanitary manner shall include taking the feces home for deposit or wrapping the feces and placing same in a trash can. It shall not include burial, disposal by placement in a storm sewer, or placing unwrapped feces in a trash can.
Defense to violation. It shall be a complete defense to violations of this section if a person shall have immediately removed such defecation and disposed of it in a sanitary manner.
The provision of this chapter shall not apply to dogs used as guides for blind persons and commonly known as "Seeing Eye dogs,” dogs used to assist handicapped persons commonly known as "service dogs” or dogs used to assist deaf persons and commonly known as "hearing ear dogs.”
In the event of a violation on private property, a complaint is only to be filed by the owner of such property. In the event of such violation occurs on public property, thoroughfare, walkways or parks, a complaint may be filed by any witness to such an act.
No person owning, keeping or harboring a dog or cat shall permit it to do any injury to or to do any damage to any lawn, shrubbery, flowers, grounds or property or a complaint may be made against the owner or keeper of such dog/cat.
Any cat shall be considered a public nuisance and shall be subject to § 20-23B, if it has no owner or custodian; if it has no place of care or shelter; or if it trespasses upon or damages either private or public property; or if it bites, scratches or harms persons within the Township.
[Amended 9-10-2007 by Ord. No. 2007-16; 4-14-2008 by Ord. No. 2008-04; 10-17-2019 by Ord. No. 2019-16]
Any person found guilty of violating any provision of this article shall, upon conviction thereof, be subject to one or more of the following: imprisonment in the county jail, or in any place provided by the municipality for the detention of prisoners, for any term not exceeding 90 days; or a fine not exceeding $2,000; or a period of community service not exceeding 90 days; provided, however, that the following mandatory fines shall apply:
Dogs attacking person: minimum fine of $100 not to exceed $500.
Dogs attacking other animals: minimum fine of $100 not to exceed $500.
Any person who is convicted of violating this article within one year of the date of a previous violation of the same provision of this article, the penalty for which is not governed by N.J.S.A. 14:19-15.19, and who was fined for the previous violation, shall be sentenced by a court to an additional fine as a repeat offender. The additional fine imposed by the court upon a person for a repeated offense shall not be less than the minimum or exceed the maximum fine fixed for a violation of the article, but shall be calculated separately from the fine imposed for the violation of the article.
It shall be the duty of the Animal Control Officer to enforce the provisions of this article.
[Adopted 10-26-2005 by Ord. No. 2005-24]
An article to prohibit the feeding of unconfined wildlife in any public park or on any other property owned or operated by Township of Andover, so as to protect public health, safety and welfare, and to prescribe penalties for failure to comply.
For the purpose of this article, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
- 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.
- Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
- All animals that are neither human nor domesticated.
No person shall feed, in any public park or on any other property owned or operated by Township of Andover, any wildlife, excluding confined wildlife [for example, wildlife confined in zoos, parks or rehabilitation centers, or unconfined wildlife at environmental education centers or feral cats as part of an approved trap-neuter release (TNR) program].
[Amended 4-14-2008 by Ord. No. 2008-04; 10-17-2019 by Ord. No. 2019-16]
Any person(s) who is found to be in violation of the provisions of this article shall be subject to a fine not to exceed $500.