[Adopted 12-16-1975 by Ord. No. 1046 as Ch.
VIII of the Revised General Ordinances]
[1]
Editor's Note: The statutory provisions on
dog licensing are in N.J.S.A. 4:19-15.1 et seq.
The words hereinafter defined shall have the
meaning herein indicated for the purposes of this article as follows:
Any dog, bitch or spayed bitch.
Any dog which has attained the age of seven months or which
possesses a set of permanent teeth.
Any establishment wherein or whereon the business of boarding
or selling dogs 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 to such dog and every person who
has such dog in his keeping.
Any room or group of rooms, cage or exhibition pen, not part
of a kennel, wherein dogs for sale are kept or displayed.
An establishment for the confinement of dogs seized either
under the provisions of this article or otherwise.
Any establishment where dogs are received, housed and distributed
without charge.
Any dog which has been declared by a Municipal Judge to be
a vicious dog which has attacked or bitten any human being, or which
habitually attacks other dogs or domestic animals.
A.
License required.
(1)
Any person who shall own, keep or harbor a dog of
licensing age shall apply for and procure from the Clerk or other
person designated by the governing body, a license and official metal
registration tag for each dog so owned, kept or harbored.
(2)
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
acquisition or age attainment.
(3)
Any person who shall bring or cause to be brought into the Borough any dog licensed in another state for the current year, and bearing a registration tag, and shall keep it or permit it to be kept within the Borough for a period of more than 90 days, shall immediately apply for a license and registration tag for each such dog, unless that dog is licensed under § 95-3 of this article.
(4)
Any person who shall bring or cause to be brought into the Borough any unlicensed dog and shall keep it or permit it to be kept within the Borough for a period of more than 10 days shall immediately apply for a license and registration tag for each dog, unless the dog is licensed under § 95-3 of this article.
B.
Application. The application shall state the breed,
sex, age, color and markings of the dog for which license and registration
are sought, and whether it is of a long- or short-haired variety;
also the name, street and post office address of the owner and the
person who shall keep or harbor such dog.
C.
Fee. The person applying for the license and registration
tag shall pay $7 for each dog and $1 for the registration tag for
each dog where the owner produces proof that said dog has been spayed
and neutered. There shall be in conformance with P.L. 1983, c. 181,
a surcharge of $3 on all licenses issued for nonspayed and nonneutered
dogs.
[Amended 10-21-1980 by Ord. No. 1154; 9-6-1983 by Ord. No. 1192; 9-15-1989 by Ord. No. 2068]
D.
Expiration date and late charge. Each license, registration tag and renewal shall expire on December 31 of each year. Failure to license, register and renew registration on or before January 31 shall result in a late charge to the licensee in the amount of $5. This late charge of $5 is supplemental to § 95-10.
[Amended 6-17-1986 by Ord. No. 2020; 9-15-1989 by Ord. No. 2068]
E.
Exceptions. Dogs used as guides for blind persons
and commonly known as "seeing eye" dogs shall be licensed and registered
in the same manner as other dogs, except that the owner or keeper
of such dog shall not be required to pay any fee.
A.
License required. Any person who keeps or operates
or proposes to establish a kennel, a pet shop, a shelter or a pound
shall apply to the Borough Clerk for a license entitling him to keep
or operate such establishment.
B.
Application. 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 Health Officer of the Board
of Health of the Borough, showing compliance with the local and state
rules and regulations governing location of and sanitation at such
establishments.
C.
License; term. All licenses issued for a kennel, pet
shop, shelter or pound shall state the purpose for which the establishment
is maintained.
(1)
Any person holding such license shall not be required
to secure individual licenses for dogs owned by the licensee and kept
at such establishments.
(2)
Licenses shall not be transferable to another owner
or different premises.
(3)
All licenses shall expire on January 31 of each year
and are subject to revocation by the Borough Council on recommendations
of the State Department of Health or the Borough Board of Health for
failure to comply with the rules and regulations of the State Department
or the Board of Health after the owner has been afforded a hearing
by either the State Department or the Borough Board of Health.
E.
Control of dogs off premises. 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.
License fees and registration tag fees collected
or received under the provisions of this article shall be received
and disposed of as provided in N.J.S.A. 4:19-15.11, as supplemented
and amended.
The Borough shall annually cause a canvass to
be made of all dogs owned, kept or harbored within the limits of the
Borough and shall report to the Clerk, the Board of Health and the
State Department of Health the results thereof, setting forth in separate
columns the names and addresses of persons owning, keeping or harboring
dogs; the number of licensed dogs owned, kept or harbored by each
person, together with the registration number of each dog; the number
of unlicensed dogs owned, kept or harbored by each person, together
with a complete description of each unlicensed dog.
[Amended 10-6-2020 by Ord. No. 20-2571]
A.
Notice and hearing.
(1)
The Animal Control Officer shall notify the municipal court and the
municipal health officer immediately that he has seized and impounded
a dog pursuant to § 97-7B 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 pursuant to § 97-7B. If its owner cannot be identified
within seven days, that dog may be humanely destroyed.
(2)
The Animal Control Officer shall, within three working days of the
determination of the identity of the owner of a dog seized and impounded
pursuant to § 97-7B, notify by certified mail, return receipt
requested, the owner concerning the seizure and impoundment, and that,
if the owner wishes, a hearing will be held to determine whether the
impounded dog is vicious or potentially dangerous. This notice shall
also require that the owner return within seven days, by certified
mail or hand delivery, a signed statement indicating whether he wishes
the hearing to be conducted or, if not, to relinquish ownership of
the dog, in which case the dog may be humanely destroyed. If the owner
cannot be notified by certified mail, return receipt requested, or
refuses to sign for the certified letter, or does not reply to the
certified letter with a signed statement within seven days of receipt,
the dog may be humanely destroyed.
B.
Potentially dangerous dogs.
(1)
The municipal court shall declare a dog to be potentially dangerous
if it finds by clear and convincing evidence that the dog:
(a)
Caused bodily injury to a person during an unprovoked attack,
and poses a serious threat of bodily injury or death to a person;
(2)
A dog shall not be declared potentially dangerous for:
(a)
Causing bodily injury to a person if the dog was provoked;
(b)
Causing serious bodily injury to, or killing, a domestic animal
if the domestic animal was the aggressor;
(c)
Causing bodily injury to a person who was committing or attempting
to commit a crime or offense upon the owner or person with custody
or control of the dog or committing or attempting to commit a trespass
or other criminal offense on the property of the owner or person with
custody or control of the dog;
(d)
Causing bodily injury to a person or a domestic animal who was
abusing, assaulting, or physically threatening the dog or the dog's
offspring; or
(e)
Causing bodily injury to a person who was intervening between
two or more dogs engaged in aggressive behavior or fighting.
(3)
For purposes of Subsection B(2)(a), the Borough shall bear the burden of proof to demonstrate that the dog was not provoked.
(4)
As used in this section, "bodily injury" means bodily injury as defined
in N.J.S.A. 2C:11-1(a) and "serious bodily injury" means serious bodily
injury as defined in N.J.S.A. 2C:11-1(b).
(5)
If the municipal court declares the dog to be potentially dangerous,
it shall issue an order and a schedule for compliance which, in part:
(a)
Shall require the owner to comply with the following conditions:
[1]
To apply, at his own expense to the Clerk or other official
designated to license dogs by the governing body, for a special municipal
potentially dangerous dog license, municipal registration number,
and red identification tag. The owner shall, at his own expense, have
the registration number tattooed upon the dog in a prominent location.
A potentially dangerous dog shall be impounded until the owner obtains
a municipal potentially dangerous dog license, municipal registration
number, and red identification tag;
[2]
To display, in a conspicuous manner, a sign on his premises warning that a potentially dangerous dog is on the premises. The sign shall be visible and legible from 50 feet of the enclosure required pursuant to Subsection B(5)(a)[3];
[3]
To immediately erect and maintain an enclosure for the potentially
dangerous dog on the property where the potentially dangerous dog
will be kept and maintained, which has sound sides, top and bottom
to prevent the potentially dangerous dog from escaping by climbing,
jumping or digging and within a fence of at least six feet in height
separated by at least three feet from the confined area. The owner
of a potentially dangerous dog shall securely lock the enclosure to
prevent the entry of the general public and to preclude any release
or escape of a potentially dangerous dog by an unknowing child or
other person. All potentially dangerous dogs shall be confined in
the enclosure or, if taken out of the enclosure, securely muzzled
and restrained with a tether approved by the Animal Control Officer
and having a minimum tensile strength sufficiently in excess of that
required to restrict the potentially dangerous dog's movements
to a radius of no more than three feet from the owner and under the
direct supervision of the owner;
(b)
May require the owner to maintain liability insurance in an
amount determined by the municipal court to cover any damage or injury
caused by the potentially dangerous dog. The liability insurance,
which may be separate from any other homeowner policy, shall contain
a provision requiring the Borough to be named as an additional insured
for the sole purpose of being notified by the insurance company of
any cancellation, termination or expiration of the liability insurance
policy.
(6)
The owner of a potentially dangerous dog shall:
(a)
Comply with the terms of Subsection B(4) in accordance with the schedule established by the municipal court, but in no case more than 60 days subsequent to the date of determination;
(b)
Notify the licensing authority, Borough Police Department, and
the Animal Control Officer if a potentially dangerous dog is at large,
or has attacked a human being or killed a domestic animal;
(c)
Notify the licensing authority, Borough Police Department, and
the Animal Control Officer within 24 hours of the death, sale or donation
of a potentially dangerous dog;
(d)
Prior to selling or donating the dog, inform the prospective
owner that the dog has been declared potentially dangerous;
(e)
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; and
(f)
In addition to any license fee required by N.J.S.A. 4:19-15.3,
pay a potentially dangerous dog license fee to the municipality as
provided by N.J.S.A. 4:19-31.
C.
Vicious dogs.
(1)
The municipal court shall declare the dog vicious if it finds by
clear and convincing evidence that the dog killed a person or caused
serious bodily injury to a person.
(2)
A dog shall not be declared vicious for inflicting death or serious
bodily injury upon a person if the dog was provoked. The Borough shall
bear the burden of proof to demonstrate that the dog was not provoked.
(3)
(4)
As used in this section, "serious bodily injury" means serious bodily
injury as defined in N.J.S.A. 2C:11-1(b).
[Amended 10-6-2020 by Ord. No. 20-2571]
A.
Impounding sick and off-premises dogs.
(1)
The certified Animal Control Officer appointed by the governing body
shall take into custody and impound any animal, to thereafter be euthanized
or offered for adoption, as provided in this section:
(a)
Any dog off the premises of the owner or of the person charged
with the care of the dog, which is reasonably believed to be a stray
dog;
(b)
Any dog off the premises of the owner or the person charged
with the care of the dog without a current registration tag on its
collar or elsewhere;
(c)
Any female dog in season off the premises of the owner or the
person charged with the care of the dog;
(d)
Any dog or other animal which is suspected to be rabid; or
(e)
Any dog or other animal off the premises of the owner or the
person charged with its care that is 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.
(2)
Notice to owner. If an animal taken into custody and impounded pursuant to Subsection A(1) of this section has a collar or harness with identification of the name and address of any person, or has a registration tag, or has a microchip with an identification number that can be traced to the owner or person charged with the care of the animal, or the owner or the person charged with the care of the animal is otherwise known, the certified Animal Control Officer shall ascertain the name and address of the owner or the person charged with the care of the animal, and serve to the identified person as soon as practicable a notice in writing that the animal has been seized and will be liable to be offered for adoption or euthanized if not claimed within seven days of the service of the notice.
(3)
Service of notice. A notice required pursuant to this section may
be served:
(a)
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 residence
or the address given on the collar, harness, or microchip identification;
or
(b)
By mailing the notice to that person at the person's usual
or last known place of residence, or to the address given on the collar,
harness or microchip identification.
(4)
Requirement to hold for seven days. A shelter, pound, or kennel operating as a shelter or pound receiving an animal from a certified Animal Control Officer pursuant to Subsection A(1) of this section, or from any other individual, group, or organization, shall hold the animal for at least seven days before offering it for adoption, or euthanizing, relocating, or sterilizing the animal, except if:
(5)
If a shelter, pound or kennel operating as a shelter or pound is not required to hold an animal for at least seven days pursuant to Subsection A(4) of this section, the shelter, pound, or kennel operating as a shelter or pound:
(a)
Shall offer the animal for adoption for at least seven days
before euthanizing it; or
(b)
May transfer the animal to an animal rescue organization facility
or a foster home prior to offering it for adoption if such a transfer
is determined to be in the best interest of the animal by the shelter,
pound, or kennel operating as a shelter or pound.
(6)
Except as otherwise provided for under Subsection A(5) of this section, no shelter, pound, or kennel operating as a shelter or pound receiving an animal from a certified Animal Control Officer may transfer the animal to an animal rescue organization facility or a foster home until the shelter, pound, or kennel operating as a shelter or pound has held the animal for at least seven days.
(7)
Claiming an impounded animal. If the owner or the person charged
with the care of the animal seeks to claim it within seven days, or
after the seven days have elapsed but before the animal has been adopted
or euthanized, the shelter, pound, or kennel operating as a shelter
or pound:
(a)
Shall, in the case of a cat or dog, release it to the owner
or person charged with its care, provided the owner or the person
charged with the care of the animal provides proof of ownership, which
may include a valid cat or dog license, registration, rabies, inoculation
certificate, or other documentation from the owner's veterinarian
that the cat or dog has received regular care from that veterinarian;
(b)
May, in the case of a cat or dog, charge the cost of sterilizing
the cat or dog, if the owner requests sterilizing it when claiming
it; and
(c)
May require the owner or person charged with the care of the
animal to pay all the animal's expenses while in the care of
the shelter, pound, or kennel operating as a shelter or pound, not
to exceed $4 per day.
(8)
Unclaimed animals. If the animal remains unclaimed, is not claimed due to the failure of the owner or other person to comply with the requirements of this section, or is not adopted after seven days after the date on which notice is served pursuant to Subsection A(3) of this section or, if no notice can be served, not less than seven days after the date on which the animal was impounded, the impounded animal may be placed in a foster home, transferred to another shelter, pound, kennel operating as a shelter or pound, or animal rescue organization facility, or euthanized in a manner causing as little pain as possible and consistent with the provisions of N.J.S.A. 4:22-19.
(9)
Transfer of ownership upon adoption; no experimentation. At the time
of adoption, the right of ownership in the animal shall transfer to
the new owner. No dog or other animal taken into custody, impounded,
sent or otherwise brought to a shelter, pound, or kennel operating
as a shelter or pound shall be sold or otherwise be 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.
(10)
Potentially rabid animals. Any animal seized under this section suspected
of being rabid shall be immediately reported to the executive officer
of local board of health, to the Department of Health, and shall be
quarantined, observed, and otherwise handled and dealt with as appropriate
for an animal suspected of being rabid or as required by the Department
of Health for the animals.
(11)
Placement of animal in licensed facility. When a certified Animal Control Officer takes into custody and impounds, or causes to be taken into custody and impounded, an animal, the certified Animal Control Officer may place the animal in the custody of, or cause the animal to be placed in the custody of, only a licensed shelter, pound, or kennel operating as a shelter or pound. The certified Animal Control Officer may not place the animal in the custody of, or cause the animal to be placed in the custody of, any animal rescue organization facility, foster home, or other unlicensed facility. However, the licensed shelter, pound, or kennel operating as a shelter or pound may place the animal in an animal rescue organization facility, foster home, or other unlicensed facility if necessary pursuant to Subsection A(5) or (8) of this section.
(12)
Notwithstanding the provisions of this section, N.J.S.A. 4:19-15.30,
and N.J.S.A. 4:19-15.31 to the contrary, in accordance with N.J.S.A.
4:19-15.16,[1] no cat or dog being transferred between shelters, pounds,
or kennels operating as shelters or pounds, or being transferred to
an animal rescue organization facility or placed in a foster home,
shall be required to be sterilized prior to that transfer.
[1]
Editor's Note: N.J.S.A. 4:19-15.16 was repealed,
effective 8-1-2018.
B.
Impounding dogs suspected of being potentially dangerous or vicious.
(1)
An Animal Control Officer shall seize and impound a dog when the
officer has reasonable cause to believe that the dog:
(a)
Attacked a person and caused death or serious bodily injury
as defined in N.J.S.A. 2C:11-1(b) to that person;
(b)
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;
(c)
Engaged in dog fighting activities as described in N.J.S.A.
4:22-24 and 4:22-26; or
(d)
Has been trained, tormented, badgered, baited or encouraged
to engage in unprovoked attacks upon persons or domestic animals.
(2)
The dog shall be impounded until the final disposition as to whether
the dog is vicious or potentially dangerous. Subject to the approval
of the municipal health officer, the dog may be impounded in a facility
or other structure agreeable to the owner.
A.
Wearing of registration. All dogs for which licenses
are required by the provisions of this article to be licensed shall
wear a collar or harness with the registration tag for the dog securely
fastened thereto.
B.
Use of registration tags. 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.
C.
Interference with official duties. No person shall
hinder, molest or interfere with anyone authorized or empowered to
perform any duty under this article.
D.
Running
at large. No person owning, keeping, harboring, or in charge of any
dog shall allow it to run at large upon the public streets, in any
public park, in any public building, and/or on any private property
within the Borough with the exception of any park wherein owners with
their dogs may enter between dawn and dusk to access the dog park
with their dog leashed at all times while outside the perimeter of
the park and until entry into the dog park.
[Amended 12-5-2017 by Ord. No. 17-2520]
E.
Leashing of dogs. No person owning, keeping or harboring
any dog shall suffer or permit it to be upon the public streets or
in any of the public places of the Borough unless the 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.
F.
Property damage. No person owning, keeping or harboring
a dog shall permit or suffer it to do any injury, or to do any damage
to any lawn, shrubbery, flowers, grounds or property.
G.
Disturbance of peace. No person shall keep, harbor
or maintain any dog which habitually barks or cries between the hours
of 10:00 p.m. and 6:00 a.m.
H.
Defiling of property. No person owning, harboring,
keeping or in charge of any dog shall cause, suffer, or allow the
dog to soil, defile, defecate on or commit any nuisance on a common
thoroughfare, sidewalk passageway, bypath, play area, park or any
place where people congregate or work, or upon any public property
whatsoever, or upon any private property without the permission of
the owner of the property. The restriction in this section shall not
apply to that portion of the street lying between the curblines, which
shall be used to curb such dog under the following conditions:
(1)
Any person who shall curb such dog shall immediately
remove all feces deposited by the dog by any sanitary method approved
by the local health authority.
(2)
The feces removed from the aforementioned designated
area shall be disposed of by the person owning, harboring or in charge
of any dog curbed in accordance with the provisions of this subsection
in a sanitary manner approved by the local health authority.
The Police Chief or the official designated
by the Mayor and Council shall enforce the provisions of this article,
and shall make a monthly report in detail to the Council concerning
his activities.
Any person who violates or who fails or refuses to comply with § 95-2 of this article shall be liable to a penalty of not less than $5 nor more than $50 for each offense, except that for the first offense, the penalty shall be not less than $1 nor more than $50. For any other violation of this article, the general penalty clause in Chapter 1 of the Code shall apply.
