CHAPTER VII   LICENSING OF DOGS

 

7-1         LICENSING.

 

7-1.1         Definitions.

       As used in this section:

a.    At large shall mean any dog off the premises of the person owning or keeping or harboring it and not in a crate or other safe control or not securely fastened to a tether, leash or chain, held by its owner, or other person, capable of controlling the dog.

b.    Dog shall mean a member of the species of domestic dogs, Canis familiaris. (Ord. No. 2016-11)

c.    Dog of licensing age shall mean any dog which has attained the age of seven months, or which possesses a set of permanent teeth.

(Ord. 7/27/59, S7-1; Ord. No. 2016-11)

 

7-1.2         Annual License.

       Any person who shall own, keep or harbor a dog of licensing age in the borough shall annually in January apply for and procure from the borough clerk a license and official metal registration tag for each such dog so owned, kept or harbored, and shall place upon each such dog a harness with the registration tag securely fastened thereto. (Ord. 7/27/59, S7-2)

 

7-1.3         Fee.

       The person applying for a license and registration tag shall pay the fee of eighteen ($18.00) dollars for each dog license if the animal is spayed or neutered.  If the animal is not spayed or neutered the license and registration fee will be twenty-one ($21.00) dollars.  The Council reserves the right to adjust the licensing fees by resolution. (Ord. 2/2/71, S1; Ord. No. 2-84; Ord. No. 2012-06; Ord. No. 2016-11)

 

7-1.4         Other Licenses; Seeing Eye Dogs.

       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 shall be accepted by the borough as evidence of compliance herein.

       Dogs used as guides for blind persons, and commonly known as "seeing eye" dogs shall be licensed and registered as other dogs hereinbefore provided for, except that the owner or keeper of such dog shall not be required to pay any fee therefor. (Ord. 7/27/59, S7-3)

 

7-1.5         License Forms And Registration Tags.

       Application forms for license and uniform official metal registration tags designed by the State Department of Health shall be furnished by the borough and shall be numbered serially and shall bear the year of issuance and the name of the borough. (Ord. 7/27/59, S7-4)

 

7-1.6         Newly Acquired Dogs.

       The owner of any newly acquired dog of licensing age, or of any dog which attains licensing age, shall apply for a license and registration tag for such dog within ten days after such acquisition or age attainment. (Ord. 7/27/59, S7-5)

 

7-1.7         Contents Of 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 haired or short haired variety; the name, street and post office address of the owner and the person who shall keep or harbor the dog. The information on the application and the registration number issued for the dog shall be preserved for a period of three years by the borough clerk. In addition, the 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. Registration numbers shall be issued in the order of the applications. (Ord. 7/27/59, S7-6)

 

7-1.8         Removal Of Tag.

       No person, except an officer was not issued 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. (Ord. 7/27/59, S7-7)

 

7-1.9         Running At Large.

       No dog shall, at any time, be permitted by its owner or harborer, to run at large in the borough. (Ord. 7/27/59, S7-8)

 

7-1.10       Canvass Of Dogs.

       The chief of police, or such other person appointed for the purpose by the mayor and council, shall annually canvass all dogs owned, kept or harbored within the borough limits. The chief shall report annually, on or before May 1, the result of such canvass to the borough clerk, the Borough Board of Health and the State Board of Health in the manner and form required by R.S. 4:19-15.15. (Ord. 7/27/59, S7-9)

 

7-1.11       Seizure; Impounding; Destruction.

       The chief of police, or any member of the police department acting under his direction, or the humane society or its designated agent, appointed for the purpose by the mayor and council shall take into custody or impound, or cause to be taken into custody or impounded, the following:

a.    Any dog running at large in violation of the provisions of this chapter.

b.    Any dog off the premises of the owner or of the person keeping or harboring the dog which official or his agent has reason to believe is a stray dog.

c.    Any dog off the premises of the owner or of the person keeping or harboring the dog without a current registration tag on his collar.

d.    Any female dog in season off the premises of the owner or of the person keeping or harboring the dog.

       Any dog seized under the provisions of this subsection shall be handled, destroyed and disposed of with proper notice given, as provided for by R.S. 4: 19-15.16.

(Ord. 7/27/59, S7-10)

 

7-1.12       Damage To Property.

       No person owning, keeping or harboring any dog shall permit it to do any injury or damage to any lawn, shrubbery, flowers, ground or property of another. (Ord. 7/27/59, S7-11)

 

7-1.13       Entry Upon Premises For Seizure.

       Any officer or agent authorized or empowered to perform any duty under this section is authorized to go upon any premises to seize for impounding any dog which he may lawfully seize or impound when such officer or agent is in immediate pursuit of such dog, except upon the premises of the owner of the dog, if the owner is present and forbids the same. (Ord. 7/27/59, S7-12)

 

7-1.14       Interference.

       No person shall hinder, molest or interfere with anyone authorized or employed to perform any duty under this section. (Ord. 7/27/59, S7-13)

 

7-1.15       Disturbing The Peace.

       No person shall own, keep, harbor or maintain a dog which habitually barks or cries between the hours of 8:00 p.m. and 8:00 a.m. (Ord. 2/15/72, S1)

 

 

7-2         ESTABLISHMENTS FOR DOGS.

 

7-2.1         Definitions.

       As used in this section:

a.    Kennel shall mean any establishment wherein or whereon the business of boarding or selling dogs, or breeding dogs for sale is carried on, except a pet shop.

b.    Owner when applied to the proprietorship of a dog shall include every person having a right to property in such dog, and every person who harbors or has such dog in his keeping.

c.    Pet shop shall mean any room, cage or exhibition pen, not part of a kennel, wherein dogs for sale are kept or displayed.

d.    Pound shall mean an establishment for the confinement of dogs seized.

e.    Shelter shall mean any establishment where dogs are received, housed and distributed without charge.

(Ord. 7/27/59, S7-14)

 

7-2.2         License For Kennels.

       No kennel, pet shop, pound or shelter shall be located, established or maintained in the borough unless the person who keeps or operates or proposes to establish a kennel, pet shop, pound or shelter shall apply to and obtain from the borough clerk a license entitling him to keep or operate such establishment.

       Any person holding such license shall not be required to procure individual licenses for dogs owned by the licensee and kept at such establishment. (Ord. 7/27/59, S7-15)

 

7-2.3         Contents Of Application.

       The application for a license required by subsection 7-2.2 shall describe the premise where the establishment is located or is proposed to be located, the purpose for which it is to be maintained; and shall be ac-companied by written approval of the appropriate borough officers and borough board of health, showing compliance with the local and state rules and regulations location of and sanitation at such establishments. (Ord. 7/27/59, S7-16)

 

7-2.4         Contents Of License; Expiration.

       All licenses issued for a kennel, pet shop, shelter or pound shall state the purpose for which the establishment is maintained. Such licenses shall expire annually on January 31. (Ord. 7/27/59, S7-17)

 

7-2.5         License Fees; Exceptions.

       The annual license fee for a kennel providing accommodations for ten or less dogs shall be ten ($10.00) dollars and for more than ten dogs, twenty five ($25.00) dollars. The annual license fee for a pet shop shall be ten ($10.00) dollars. No fee shall be charged for a pound or shelter. (Ord. 7/27/59, S7-18)

 

7-2.6         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 of such size to assure the comfort of the animal or other safe control. (Ord. 7/27/59, S7-19)

 

7-2.7         License Revocation.

       All licenses issued for a kennel, pet shop, shelter or pound shall be subject to revocation by the mayor and council on recommendation of the state department of health or the borough board of health for failure to comply with the applicable provisions of this section, of the rules and regulations of the state department of health, or the borough board of health governing the same, after the licensee has been afforded a hearing by either the state department of health or the borough board of health. (Ord. 7/27/59, S7-20)

 

 

7-3         ENFORCEMENT, DISPOSITION OF FEES.

 

7-3.1         Disposition Of Fees.

       License fees, registration tag fees, penalties and other money collected and received pursuant to this chapter shall be turned over and disposed of in accordance with and as provided for by law. (Ord. 7/27/59, S7-21)

 

7-3.2         Enforcing Officers.

       The borough board of health, its designated agents, the police department or any member thereof, or the designated agent of any humane society under contract with the borough or any other such persons designated by the mayor and council by resolution shall enforce the provisions of this chapter and R.S. 4:19-15.1, et seq.

       The borough board of health or its designated agents shall enforce the rules and regulations promulgated by the state department of health pursuant to R.S. 4:19-15.14. (Ord. 7/27/59, S-22)

 

 

7-4         DOGS AND ANIMAL WASTE.

 

7-4.1         Purpose.

       The purpose of this section is to establish requirements for the proper disposal of pet solid waste in the Borough of Cliffside Park so as to protect public health, safety and welfare and to prescribe penalties for failure to comply is hereby enacted. (Ord. No. 6-2005, SI)

 

7-4.2         Definitions.

       For the purpose of this section the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this section 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.

a.    Immediate shall mean that the pet solid waste is removed at once, without delay.

b.    Owner/keeper shall mean any person who shall possess, maintain, house or harbor any pet or otherwise have custody of any pet, whether or not the owner of such pet.

c.    Person shall mean any individual, corporation, company, partnership, firm, association or political subdivision of this State subject to municipal jurisdiction.

d.    Pet shall mean a domesticated animal (other than a disability assistance animal) kept for amusement or companionship.

e.    Pet solid waste shall mean waste matter expelled from the bowels of the pet; excrement.

f.     Proper disposal shall mean placement in a designated waste receptacle, or other suitable container, and discarded in a refuse container which is regularly emptied by the municipality or some other refuse collector; or disposal into a system designed to convey domestic sewage for proper treatment and disposal.

(Ord. No. 6-2005, SII)

 

7-4.3         Requirement for Disposal.

       All pet owners and keepers are required to immediately and properly dispose of their pet's solid waste deposited on any property, public or private not owned or possessed by that person. (Ord. 6-2005, SIII)

 

7-4.4         Exemptions.

       Any owner or keeper who requires the use of a disability assistance animal shall be exempt from the provisions of this section while such animal is being used for that purpose. (Ord. No. 6-2005, SIV)

 

7-4.5         Enforcement.

       The provisions of this section shall be enforced by the Cliffside Park Police Department and/or Cliffside Park Board of Health. (Ord. No. 6-2005, SV)

 

7-4.6         Violations and Penalty.

       Any person(s) who is found to be in violation of the provisions of this section shall be subject to (i) a fine not to exceed one thousand ($1,000.00) dollars; (ii) or imprisonment for a period not to exceed 90 days; or (iii) both. (Ord. No. 6-2005, SVI)

 

7-5         BANNING THE SALE OF DOGS AND CATS FROM PUPPY/CAT MILLS AND PET STORES

 

7-5.1         Definitions.

       As used in this section:

a.    Animal care facility means an animal control center or animal center, maintained by or under contract with any state, county, or municipality, whose mission and practice is, in whole, or signification part, the rescue and placement of animals in permanent homes or rescue organizations.

b.    Animal rescue organization means any not-for-profit organization which has tax-exempt status under Section 501 (c)(3) of the United States Internal Revenue Code, whose mission and practice is, in whole or insignificant part, the rescue and placement of animals in permanent homes.

c.    Cat means a member of the species of domestic cat, felis catus.

d.    Dog means a member of the species of domestic dog, Canis familiaris.

e.    Kennel, Pet Shop or Pound means any business, shop, establishment, property or place which harbors, keeps or maintains five or more dogs, cats.

f.     Offer for Sale means to sell, offer for sale or adoption, advertise for the sale of, barter, auction, give away or otherwise dispose of a dog or cat.

(Ord. No. 2016-11)

 

 

7-6         ANIMAL SALE RESTRICTIONS.

 

a.    A pet shop may offer for sale only those dogs and cats that the pet shop has obtained from or displays in cooperation with:

1.      An animal care facility; or

2.      An animal rescue organization.

b.    A pet shop shall not offer for sale a dog or cat that is younger than eight weeks old.

(Ord. No. 2016-11)

 

 

7-7         LICENSING OF CATS.

 

7-7.1         Purpose and Objectives.

       This provision is made and enacted to protect the public and animals from the spread of rabies to animals and humans since rabies is transmissible to humans which could result in death as a result of a bite from a rabid animal.  It is the objective of this provision to protect the public from animal related nuisances and threats to the public health, safety and welfare. (Ord. 12/8/92; Ord. No. 2016-11)

 

7-7.2         Adoption of Code.

       The Cat Licensing Code of New Jersey-1987 which was approved by the State Department of Health shall be adopted by the Board of Health of the Borough of Cliffside Park and that hereafter an annual license must be obtained by any person who shall own, keep or harbor a cat and such person shall apply for and procure from the Board of Health a license and official metal registration tag when such cats are owned, kept or harbored and shall place upon each cat,  a collar or harness with the registration tag securely fastened hereto. (Ord. 12/8/92; Ord. No. 2016-11)

 

7-7.3         Fees and Renewals.

       Licenses shall be obtained during the month of January of each year.  The registration fee shall be eighteen ($18.00) dollars for a spayed or neutered cat. The Council reserves the right to amend the license fees by resolution. (Ord. 12/8/92; Ord. No. 2012-06; Ord. No. 2016-11)

 

7-7.4         Proof of Vaccination.

       No license or registration tag shall be granted unless the owner of the cat provides evidence that the cat to be licensed and registered has been inoculated with a rabies vaccine in accordance with the latest "Compendium of Animal Rabies Vaccines and Recommendations for Immunization" published by the National Association of State Public Health Veterinarians. The vaccination must be valid for the entire licensing period. (Ord. 12/8/92; Ord. No. 2016-11)

 

7-7.5         Time to Apply.

       The owner of the newly acquired cat shall apply for a license registration tag within ten days of such acquisition. (Ord. 12/8/92; Ord. No. 2016-11)

 

7-7.6         Application on File.

       An application shall be completed by the owner of the cat which shall be placed on file with the Board of Health. (Ord. 12/8/92; Ord. No. 2016-11)

 

7-7.7         Running at Large.

       No cat shall at any time be permitted by the owner or harborer to run at large in the Borough. (Ord. 12/8/92; Ord. No. 2016-11)

 

7-7.8         Impoundment.

       The Chief of Police or any member of the Police Department or Board of Health or health officer or such persons acting under their direction or the humane society or agents appointed for that purpose by the Board of Health shall take into custody, or cause to be taken into custody or impound, the following:

a.    Any cat running at large;

b.    Any cat off the premises of the owner;

c.    Any cat off the premises of the owner without a collar or registration tag on its collar.

       Any cat seized under the provisions of this section shall be handled, destroyed and disposed of with proper notice given as provided for by R.S. 4:19-15.16 et seq. as amended.

(Ord. 12/8/92; Ord. No. 2016-11)

 

7-7.9         Authority to Enter Premises.

       Any officer, agent or employee authorized or empowered to perform any duty under this section is authorized to go upon any premises to seize for impounding any cat which he may lawfully seize or impound when such officer: (a) is in immediate pursuit of such cat, except upon the premises of the owner of the cat, if the owner is present and forbids the same. (Ord. 12/8/92; Ord. No. 2016-11)

 

7-7.10       Habitually Crying Cats.

       No person shall own, keep, harbor or maintain a cat which habitually cries between the hours of 8:00 p.m. and 8:00 a.m. (Ord. 12/8/92; Ord. No. 2016-11)

 

 

 

CHAPTER VII LICENSING OF DOGS
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