CHAPTER V  ANIMAL CONTROL

 

 

5-1         LICENSING OF DOGS.

 

5-1.1        License; When Required.

       Any person in the Borough who owns, keeps or harbors any dog of licensing age, shall have the same licensed, numbered and registered with the Borough Clerk, and shall have placed upon each dog, a collar or harness with an official metal registration tag securely fastened thereto, as provided for pursuant to Chapter 151, of the Laws of 1941, and in accordance with the provisions of this section. (1985 Code § 5-1.1)

 

5-1.2        Application for License.

       Any person who owns, keeps or harbors a dog of licensing age shall in the month of January of each year apply for and procure from the Clerk a license and official metal registration tag for each dog and shall place upon each such dog a collar or harness with the registration tag securely fastened thereto. The applicable fee for such licensing will be:

       a.     Neutered Dogs. Eight ($8.00) dollar fee, consisting of six dollars and eighty ($6.80) cents for the Borough and one dollar and twenty ($1.20) cents for the State of New Jersey.

       b.     Non-neutered Dogs. Eleven ($11.00) dollar fee, consisting of six dollars and eighty ($6.80) cents for the Borough and four dollars and twenty ($4.20) cents for the State of New Jersey.

(1985 Code § 5-1.2; Ord. 12/14/85 § 1; Ord. No. 02-00 § 1)

 

5-1.3        "Seeing Eye" Dogs.

       Dogs used as guides for blind persons and commonly known as "seeing eye" dogs, shall be licensed and registered as other dogs, except that the owner or keeper of any such dog shall not be required to pay a fee therefor. (1985 Code § 5-1.3)

 

5-1.4        Registration Tags.

       The uniform official metal registration tag, designed by the State Department of Health, shall be issued by the Borough Clerk and shall be numbered serially and shall bear the year of issuance and the name of the Borough of East Newark. (1985 Code § 5-1.4)

 

5-1.5        Recording of Dog Licenses.

       The Borough Clerk shall provide a book for the purpose of registering the owner's name and address of every such dog so licensed and registered, and to whom is issued a uniform official registration tag, together with the number of such tag; numbering all such licenses in order of the application therefor. (1985 Code § 5-1.5)

 

5-1.6        Seizure of Dogs Running at Large.

       It shall be the duty of the Chief of Police, Police Officers and the Board of Health or any one duly authorized by the Chief of Police or by the Board of Health of the Borough to seize any and all dogs found running at large or straying off the owner's premises without any such collar or harness or uniform official metal registration tag on the dog; and to dispose of any such dogs in accordance with the provisions of Chapter 151, of the Laws of 1941. (1985 Code § 5-1.6)

 

5-1.7        Canvass of Dogs.

       The Chief of Police shall promptly after February 1 annually cause a canvass to be made of all dogs owned, kept or harbored within the limits of the Borough, and shall file this report with the Borough Clerk and with the State Department of Health and the Board of Health of the Borough, as provided by Chapter 151, of the Laws of 1941. (1985 Code § 5-1.7)

 

5-1.8        Biting or Attacking Dogs.

       No person shall permit any dog owned, kept or harbored by him, to attack or bite any person while upon any street or public place in the Borough or while such dog is trespassing upon the property of another. (1985 Code § 5-1.8)

 

5-1.9        Barking or Howling; Disturbing the Quiet Enjoyment, Prohibited.

       No person shall permit any dog owned, kept or harbored by him to disturb the comfort or sleep of the neighborhood by barking or howling. (1985 Code § 5-1.9; Ord. No. 06-11)

 

5-1.10      Definition.

       As used in this section:

       Dog of Licensing Age shall mean any dog which has attained the age of seven (7) months, or which possesses a set of permanent teeth; and shall include male and female dogs.

       (1985 Code § 5-1.10)

 

 

5-2         CONTROL OF DOGS.

 

5-2.1        Dogs to Be Leashed.

       It shall be the duty of the owner of every dog within the Borough to keep the dog in a pen, enclosure or building except when on a leash accompanied by a responsible person. (1985 Code § 5-2.1)

 

5-2.2        Removal of Feces Required.

       It shall also be the duty of the owner of each dog and of each person having a dog under his control to prevent the dog from depositing any excretion or from committing any other nuisance or from causing damage, except however in cases of emergency the street side of the curb may be used provided any feces deposited is immediately removed by the owner or person in charge of the animal to a proper place so as to prevent access of flies, odors or any other nuisance. This shall apply to:

       a.     Any public sidewalk, lawn, park or building.

       b.     Any private grounds, lawns, fences, shrubbery, buildings or structures not owned by the owner of the dog;

       c.     Any private ground, lawns, fences, shrubbery, buildings or structures owned by the owner of the dog which are used or occupied in whole or in part by a tenant of the owner.

(Ord. 7/7/59 § 1)

 

5-2.3        Penalty.

       Any person who violates or who fails or refuses to comply with this chapter, shall be liable to a penalty of not less than five ($5.00) dollars nor more than fifty ($50.00) dollars for each and every offense, except that for the first offense or failure to secure a license, the penalty shall be not less than one ($1.00) dollar and not more than fifty ($50.00) dollars. (1985 Code § 5-2.3)

 

5-2.4        Vicious Dogs.

       a.     Definition.

       Vicious Dogs shall mean dogs who, unprovoked, have attacked or bitten a human being or animal, or have a known propensity, tendency or disposition to attack unprovoked, to cause injury or to endanger the safety of human beings or animals. The definition of vicious dog also includes dogs who are trained or kept for dogfighting or any of the breeds commonly referred to as belonging to the "Pit Bill" variety or terrier, which consists of the following breeds or breed types and mixtures: American Staffordshire Terrier, Staffordshire Terrier, American Pit Bull and Pit Bull Terrier.

       b.     Leash and Muzzle Required in Public Places. It shall be unlawful for any person or corporation owned, keeping, harboring or having the custody or possession of a vicious dog, as defined, whether registered or not, to permit such dog to be in or upon any public street, avenue, sidewalk, passageway, bypath, play area, park, road or highway or in or upon any public or quasi-public place, whatsoever, unless such dog at such time shall be securely muzzled and restrained by a leash or tether in the hands of a person capable of leading and controlling such dog.

       c.     Penalty. Any violation of this subsection shall be punishable as provided in Chapter I, Section 1-5 of the Revised General Ordinances of the Borough of East Newark.

(Ord. No. 16-07 §§1–3)

 

 

5-3         LICENSING AND REGULATION OF CATS.

 

5-3.1        Definition.

       As used in this section:

       Cat shall mean any cat over the age of six (6) months.

       Dwelling Unit shall mean a house, apartment, store or other building whether or not used or designated for use as a dwelling.

       Family Group shall mean the immediate family group occupying on dwelling unit.

       (Ord. 7/9/90 § 2)

 

5-3.2        License, When Required.

       It shall be unlawful to own, harbor, or maintain a cat of more than six (6) months of age, unless the owner thereof or the person harboring or maintaining the same shall have a valid license for such cat. (Ord. 7/9/90 § 3)

 

5-3.3        Application of License; Fee.

       a.     Any person who owns, keeps or harbors a cat of licensing age shall in the month of January of each year apply for and procure from the Clerk a license and official metal registration tag for each cat so owned and shall place upon each such cat a collar or harness with the registration tag securely fastened thereto. The applicable fee for such licensing will be:

       Neutered cats: eight ($8.00) dollar fee, consisting of six dollars and eighty ($6.80) cents for the Borough and one dollar and twenty ($1.20) cents for the State of New Jersey.

       Non-neutered cats: Eleven ($11.00) dollar fee, consisting of six dollars and eighty ($6.80) cents for the Borough and four dollars and twenty ($4.20) cents for the State of New Jersey.

       b.     A metal tag marked with a number to correspond with the number of the license shall be attached to a collar and shall at all times be worn by the cat so licensed when at large.

       The tag shall be procured from the Health Office who shall have the responsibility of issuing the licenses hereunder. In the event the tag shall be lost or destroyed, the Borough Clerk is hereby authorized to issue a duplicate tag for that particular cat, at a fee of fifty ($.50) cents. Tags shall not be transferable to a cat other than the one for which the tag was originally issued.

       c.     The fees collected under this section shall be deposited in the general funds of the Borough.

(Ord. 7/9/90 § 4; Ord. No. 02-00 § 1)

 

5-3.4        Expiration of Cat License.

       Each cat license and registration tag shall expire on the last day of January of the calendar year following the calendar year in which it was issued. (Ord. 7/9/90 § 5)

 

5-3.5        Records.

       The Health Office shall keep a record book showing the names of the owners, custodian or harborers of cats, the description of each cat owned or harbored, date of the issuance of license and the amount of fee. (Ord. 7/9/90 § 6)

 

5-3.6        Notice of Seizure.

       a.     If any cat is seized running at large, wearing a collar or harness having inscribed or attached thereto the name and address of any person, or a registration tag or if the owner or person seizing the cat shall cause to be served on the person whose address is given on the collar, or on the owner or the person keeping or harboring the cat is known, a notice in writing stating that the cat has been seized and will be liable to be disposed of or destroyed if not claimed within seven (7) days after service of the notice.

       b.     A notice under 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 residence, or at the address given on the collar or by forwarding it by mail in a prepared letter address given on the collar.

(Ord. 7/9/90 § 7)

 

 

5-4         LIVESTOCK AND EXOTIC ANIMALS.

 

5-4.1        Definition.

       Exotic Animal shall mean any member of the following families, including hybrids thereof, which, due to their inherent nature, may be considered dangerous to humans, and further defined as follows:

1.    Class Mammalia:

(a)    Order Artiodactyla (hippopotamuses, giraffes, camels, deer, cattle or swine or sheep or goats);

(b)    Order Carnivora:

(1)    Family Felidae (lions, tigers, cougars, leopards, ocelots, servals, not domestic cats);

(2)    Family Canidae (wolves, coyotes, foxes, jackals, not domestic dogs);

(3)    Family Ursidae (all bears);

(4)    Family Mustelidae (weasels, skunks, martins, minks, ferrets);

(5)    Family Procyonidae (raccoons, coatis);

(6)    Family Hyaenidae (hyenas);

(7)    Family Viverridae (civets, genets, mongooses, binturongs);

(c)    Order Edentatia (anteaters, armadillos, sloths);

(d)   Order Marsupialia (opossums, kangaroos, wallabies, sugar gliders);

(e)    Order Perissodactyla (rhinoceroses, tapirs, not horses or donkeys or mules);

(f)    Order Primates (lemurs, monkeys, chimpanzees, gorillas);

(g)    Order Proboscidae (elephants);

(h)    Order Rodentia (squirrels, beavers, porcupines, prairie dogs, not guinea pigs, or rats, or mice, or gerbils, or hamsters).

2.    Class Reptilia:

(a)    Order Squamata:

(1)    Family Varanidae (such as water monitors and crocodile monitors);

(2)    Family Iguanaidae (such as green iguanas and rock iguanas);

(3)    Family Boidae (all species whose adult length has the potential to exceed eight (8) feet in length);

(4)    Family Colubridae (such as boomslangs and African twig snakes);

(5)    Family Elapidae (such as coral snakes, cobras, mambas, etc.) – All species;

(6)    Family Nactricidae (such as keelback snakes);

(7)    Family Viperidae (such as copperheads, cottonmouths, rattlesnakes, etc.) – All species;

(b)    Order Crocodilia (such as crocodiles, alligators, caimans, gavials, etc.) – All species.

        (Ord. No. 01-09 § 1)

 

5-4.2        Keeping of Certain Animals Prohibited.

       No person shall keep or allow to be kept in any dwelling house or any part thereof, any horse, cattle, swine, goat, fowl or pigeon or exotic animals on any lot less than fifty (50) feet in width in front and rear and one hundred (100) feet in depth. (Ord. No. 01-09 § 2)

 

5-4.3        Slaughter Houses Prohibited.

       No slaughter house or place where cattle, horses, sheep, swine, fowl or pigeons are slaughtered or killed shall be allowed within the Borough. (Ord. No. 01-09 § 3)

 

5-4.4        Penalty.

       Any violation of this section shall be punishable as provided in the general penalty provision of Code of the Borough of East Newark. (Ord. No. 01-09 § 4)

 

 

5-5         FEEDING AND KEEPING OF PIGEONS.

 

5-5.1        Finding and Purpose.

       The Borough hereby finds that a large pigeon population is a health hazard and creates many problems in the Borough.  Pigeon droppings dirty public spaces, do costly damage to buildings, and can spread life-threatening diseases, especially to the elderly and immune-deficient.  Their nesting materials block drains and harbor parasites like bird mites.  Pigeon food makes a mess and attracts rats.

       Pigeon feeding produces overbreeding.  Pigeons normally breed two (2) or three (3) times a year, producing two (2) eggs per brood.  Overfed city pigeons can breed up to eight (8) times a year.

       When pigeons are fed, people are causing harm to the pigeons.  They lose their natural ability to scavenge and survive on their own.  Pigeon over-population leads to overcrowded, unsanitary conditions and produces sick and injured birds.  A smaller flock is healthier and does less damage.

       It is the purpose of this section to prohibit the feeding and keeping of pigeons within the Borough so as to prevent the health hazards and damage referenced herein.

(Ord. No. 11-12 § 1)

 

5-5.2        Raising and Feeding Pigeons Prohibited.

       No person, firm, corporation or other entity shall keep, raise, breed or sell pigeons in the Borough of East Newark, nor shall anyone attract or attempt to attract pigeons by means of feeding or the placing of quantities of bread, crackers, meal or any other food generally known to attract pigeons, nor shall anyone maintain any condition whereby the leaving of such food has the effect of attracting pigeons to feed upon such food in such condition.  (Ord. No. 11-12 § 2)

 

5-5.3        Pigeon Coops.

       No person, firm, corporation or other entity shall build or maintain a shelter or coop for the keeping of pigeons within the Borough of East Newark.  (Ord. No. 11-12 § 3)

 

5-5.4        Penalty.

       Any violation of this section shall be punishable as provided in the general penalty provision of Code of the Borough of East Newark (Chapter I, Section 1-5).  Each and every day that a violation shall be found to exist shall constitute a separate violation of this section.  (Ord. No. 11-12)

 

 

5-6         BANNING THE SALE OF DOGS AND CATS FROM PET SHOPS.

 

5-6.1        Definitions.

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

       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 in significant part, the rescue and placement of animals in permanent homes.

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

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

       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.

       Pet shop means a retail establishment where dogs and cats are sold, exchanged, bartered or offered for sale as pet animals to the general public at retail. Such definition shall not include an animal care facility or animal rescue organization, as defined.

(Ord. No. 01-2017)

 

5-6.2        Restrictions on the Sale of Animals.

       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. 01-2017)

 

 

CHAPTER V ANIMAL CONTROL
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