[Adopted 6-17-1968 by Ord. No. 68-3 as Ch. 33, Art. I of the 1968 Code]
[Amended 2-20-1978 by Ord. No. 78-5; 12-21-1981 by Ord. No. 81-19; 3-9-1984 by Ord. No. 84-2; 2-24-1986 by Ord. No. 86-2; 8-19-1996 by Ord. No. 96-15; 2-18-1997 by Ord. No. 97-1; 6-19-2000 by Ord. No. 2000:6; 10-3-2011 by Ord. No. 2011-12; 11-5-2012 by Ord. No.
2012-15]
A.
Every person
who shall own, keep or harbor any dog or dogs, either male or female,
within the boundaries of the Borough of Berlin, that have attained
the age of seven months or which possess a set of permanent teeth
(licensing age) shall before the 31st day of January of each year,
or within 10 days after reaching licensing age, pay to the Borough
Clerk for licensing each dog the sum of $8.80 and, in addition thereto,
shall also pay the sum of $1 for a registration tag, plus a sum of
$0.20 as a surcharge for the State of New Jersey Pilot Clinic Fund.
Additionally, for any dog of reproductive age which has not had its
reproductive capacity permanently altered through sterilization, there
shall be a surcharge of $3 to be paid to the State of New Jersey Pilot
Clinic Fund. All such fees shall be paid annually for the renewals
of such licenses and registration tags. Any person who is required
to but fails to obtain or renew a license on or before May 1 of each
year shall pay, in addition to the fees prescribed by this article
for such license or renewal, a late charge of $25. Upon payment of
the appropriate fees, the Borough Clerk shall issue to the applicant
a license and an official license tag for each such dog, the same
to be securely fastened to the licensed dog by means of a collar or
harness. Any person applying for the license and registration tag
for a dog determined to be potentially dangerous pursuant to N.J.S.A.
4:19-17 et seq. of the laws of the State of New Jersey shall pay an
annual fee of $500.
B.
Prior to
issuing a dog license, the pet owner or other individual keeping or
harboring a dog or dogs must first provide the Borough Clerk with
a rabies vaccination certificate signed by a licensed veterinarian
indicating that the animal's duration of immunity extends throughout
at least the first 10 months of the twelve-month licensing period.
Animals that have a duration of immunity which expires prior to the
ten-month cutoff must receive a booster rabies vaccination prior to
licensure. An exemption to the rabies inoculation requirement shall
be granted if the Borough Clerk is presented with a written certification
from a licensed veterinarian that the dog cannot be vaccinated due
to a medical condition or course of therapy.
Any person owning or having within the confines
or boundaries of his, her or their property any dog or dogs which
shall become a public nuisance by reason of barking, yelping or howling
shall stand liable for a fine, to be imposed upon complaint of any
person or persons annoyed by the action of such dog or dogs.
Any unfit female dog or dogs caught running
at large shall be seized and impounded or destroyed as in the manner
hereinafter provided for in this article.
Any dog or dogs found running at large, trespassing
or otherwise out of the control of its owner, owners, confiner or
confiners or by becoming a public nuisance or not wearing its proper
official license tag may be seized by such person or persons as the
Borough Council may from time to time appoint for that purpose. Dogs
so seized shall be impounded for a period of one week, and if not
claimed and a redemption fee of $5 paid within that time, then such
dog or dogs may be destroyed by such person or persons in such a manner
as the Borough Council shall direct.
Any dog or dogs running at large or committing
any trespass whatsoever and being infected with mange, falling hair
or skin eruptions of any sort, crippled or maimed, may be immediately
impounded and destroyed by a proper person so designated by the Borough
Council, in the interest, health and protection of the citizens of
the Borough of Berlin.
During every month of this year and every subsequent
year, any dog or dogs, male or female, shall be allowed to run at
large only when under the direction and control of its owner, owners,
confiner or confiners in his, hers or their company or when said dog
or dogs is or are accompanied by such owner, owners, confiner or confiners
on a leash; such owner, owners, confiner, confiners, person or persons
shall, however, be responsible for any damage committed by any dog
or dogs, even though under his, her or their direction or control.
Any dog caught running at large in violation of this section of this
article may be impounded and destroyed in the manner provided for
by the Borough Council of the Borough of Berlin.
This article is enacted for the protection of
the owners of property, real or personal, and for the protection and
benefit of the health and welfare of the citizens of the Borough of
Berlin, and shall be read in conjunction with and construed with an
ordinance relating to the licensing and keeping of dogs, now spread
upon the minutes in the records of the Borough of Berlin.
[Amended 10-10-1985 by Ord. No. 85-19; 4-16-2015 by Ord. No. 2015-05; 6-11-2015 by Ord. No. 2015-11]
A.
Any owner, owners, confiner or confiners or any person or persons
harboring or sheltering any dog or dogs and violating any provisions
of this article shall be subject to a penalty of not less than $50
and not more than $500 for each and every violation, in the discretion
of the Judge before whom such conviction shall be had.
B.
Notwithstanding the foregoing, in the event that a summons is issued to a person for violation of § 89-1A and a license is obtained prior to the court date and evidence thereof is submitted by paid receipt or by copy of the license, the penalty shall be a fine of $20 and court costs of $15. The violation schedule of the Berlin Borough Municipal Court shall be amended to include such penalty, and payments may be accepted through the Violations Bureau.
