CHAPTER V  ANIMAL CONTROL

 

 

5-1    DOG LICENSING AND CONTROL.

 

5-1.1    Definitions.

   As used in this section, the following terms shall have the meanings indicated:

Dog shall mean male or female dog, bitch or spayed bitch.

Dog of licensing age shall mean any dog which has attained the age of six (6) months or which possesses a set of permanent teeth.

Household shall mean individuals living together in a single dwelling unit with common access to and common use of all living and eating areas and all areas and facilities for the preparation and storage of food within the dwelling unit.

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

(New; Ord. No. 45-13 § 1)

 

5-1.2    Annual License and Tag; Placement of Tags on Dogs.

   Any person who shall own, keep or harbor a dog of licensing age in the City shall, in the month of April of each year, apply for and procure from the Licensing Inspector or his designated agent a license and official metal registration tag for each such dog so owned, kept or harbored and shall place upon each such dog a collar or harness with the registration tag securely fastened thereto. (New; Ord. No. 45-13 § 1)

 

5-1.3    Number of Dogs Limited.

   No person may hold licenses for more than, or keep more than, three (3) dogs at any one (1) time. (New)

 

5-1.4    Newly Acquired Dogs of Licensing Age.

   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 (10) days after such acquisition or age attainment. (New)

 

5-1.5    Dogs Brought into City; Licenses and Tags.

a.     Any person who shall bring or cause to be brought into the City 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 City for a period of more than ninety (90) days shall immediately apply for a license and registration tag for each such dog.

b.     Any person who shall bring or cause to be brought into the City any unlicensed dog of licensing age and who shall keep the same or permit the same to be kept within the City for a period of more than ten (10) days shall immediately apply for a license and registration tag for each such dog.

        (New)

 

5-1.6    Exemption from Licensing and Tag Requirements.

   Only one (1) license and registration tag shall be required in any licensing year for any dog owned in New Jersey, and a license and tag issued by any other municipality of this State shall be accepted by the City as evidence of compliance with the provisions thereof. (New)

 

5-1.7       Fees; Seeing Eye and Guide Dogs Exempted.

a.     Except as otherwise provided in paragraph b. of this subsection, the person applying for the license and registration tag shall pay to the City of Linden a fee of eight dollars and eighty ($8.80) cents for the licensing of each dog and the additional sum fixed by State law for the registration of each dog. For each annual renewal, the fee for the license and for the registration tag shall be the same as for the original license and tag. The licenses, registration tags and renewals thereof shall expire on the last day of April each year.

b.     Dogs used as guides for blind persons and commonly known as "Seeing Eye" dogs shall be licensed and registered as other dogs as provided for by paragraph a. of this subsection, except that the owner or keeper of such dog shall not be required to pay any fee therefor.

(New; Ord. No. 45-13 § 1; Ord. No. 52-47 § 1; Ord. No. 56-13)

 

5-1.8    Removal or Transferring Tags Unlawful.

   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 to a dog for which it was not issued. (New)

 

5-1.9       Dogs Running at Large Prohibited; Leash Required.

a.     No person owning or keeping any dog shall permit it to be or to run at-large upon any public street, place or building or upon premises other than those of the owner of such dog within the City, unless such dog shall be securely confined and controlled by an adequate leash not more than six (6) feet long. The provisions of this section shall not apply to any property or park designated as a "dog park" by the City of Linden Department of Public Property and Community Services.

b.     No person owning or keeping any dog shall permit it to be or to run at-large in any public park, nor shall any person owning or keeping a dog permit it, whether on leash or running at-large, in any public park in the City where the Department of Public Property and Community Services has posted signs prohibiting dogs in such park.  The provisions of this section shall not apply to any property or park designated as a "dog park" by the City of Linden.

 

(New: Ord. No. 46-43 §1; Ord. No. 52-34; Ord. No. 56-16)

 

5-1.10  Annual Canvass; Report.

   The Chief of Police, License Inspector or such other person appointed for the purpose by the City Council, shall annually cause a canvass to be made of all dogs owned, kept or harbored within the limits of the City. He/she shall report on, or before September 1, of each year, the results of the canvass to the local Board of Health and to the State Department of Health, by setting forth in separate columns the names and addresses of persons owning, keeping or harboring such dogs; the number of licensed dogs owned, kept or harbored by each person; and the number of unlicensed dogs owned, kept or harbored by each person, together with a complete description of each of the unlicensed dogs. (New; Ord. No. 45-13 § 1)

 

5-1.11  Seizure and Impoundment.

   The Chief of Police or any member of the Police Department acting under his direction or the Animal Control Officer, the Humane Society or its designated agent, authorized or employed for the purpose by the City Council may take into custody and impound or cause to be taken into custody and impounded, any dog off the premises of the owner or of the person keeping or harboring the dog, or any dog believed to be a stray. (New)

 

5-1.12  Entry Upon Premises to Seize Dogs.

   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 or dogs which he may lawfully seize and impound when he is in immediate pursuit of such dog or dogs, except upon the premises of the owner of the dog if the owner is present and forbids the same. (New)

 

5-1.13  Interference with Authority.

   No person shall hinder, molest or interfere with anyone authorized or employed to perform any duty under this section.  (New)

 

5-1.14  Dogs Which Disturb Peace and Quiet.

   No person shall keep, harbor or maintain any dog which habitually barks, howls, whines or cries between the hours of 9:00 p.m. and 6:00 a.m. or which, by frequent barking, howling, whining or crying, disturbs the peace, comfort or quiet of the neighborhood, thereby creating or maintaining a nuisance. (New)

 

5-1.15  Disposal Procedures for Impounded Dogs.

a.     If any dog seized as provided in subsection 5-1.11 wears 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 the person keeping or harboring the dog is otherwise known, any officer or agent authorized or employed to perform the duties prescribed in this section shall forthwith serve or cause to be served on the person whose address is given on the collar or on the owner or on 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 disposed of if not claimed within seven (7) days after the service of the notice.

b.     The notice referred to in paragraph a. of this subsection 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 prepaid letter addressed to that person at his usual or last known residence or to the address given on the collar.

c.     When any dog seized in accordance with the provisions hereof has been detained for seven (7) days after notice, when notice can be given as above set forth, or has been detained for seven (7) days after seizure, when notice has not been and cannot be given as above set forth, 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, including maintenance not exceeding one ($1.00) dollar per day, and if the dog is unlicensed at the time of the seizure and the person keeping or harboring the dog has not produced or obtained a license and registration tag for the dog, the dog may be placed for adoption or disposed of pursuant to law. Any redemption of a dog pursuant to the provisions of this section shall not be deemed to discharge or release the owner thereof from the penalties prescribed in Section 5-4 for any violation of this section.

 

 

5-2    PET WASTE.1

 

5-2.1    Purpose.

   The purpose of this section is to establish requirements for the proper disposal of pet solid waste in the City of Linden, so as to protect public health, safety and welfare, and to prescribe penalties for failure to comply. (Ord. No. 49-77 § I)

 

5-2.2    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.

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

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.

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

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

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

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. 49-77 § II)

 

5-2.3    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. No. 49-77 § III)

 

5-2.4    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. 49-77 § IV)

 

5-2.5    Enforcement.

   The provisions of this section shall be enforced by the Police Department and the local Board of Health of the City of Linden. (Ord. No. 49-77 § V)

 

5-2.6    Violations and Penalty.

   Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine not to exceed one thousand two hundred fifty ($1,250.00) dollars, imprisonment in the County jail up to ninety (90) days, or ninety (90) days community service in the discretion of the Municipal Judge. (Ord. No. 49-77 § VI)

 

 

5-3    VICIOUS DOGS.

a.     Any dog which has, on more than one (1) occasion, attacked or bitten a human being or which habitually attacks other dogs or domestic animals or which otherwise has shown such savagery, fierceness or ferocity as to indicate that it is a threat to the safety of individual persons is hereby defined to be a "vicious dog" for the purposes of this section.

b.     It shall be the duty of the Chief of Police or Acting Chief or the Animal Control Officer or Health Officer or his designated agent to receive and to cause to be investigated complaints against dogs. When any dog complained against shall be deemed by the officer to be a vicious dog, as herein defined, he shall report the facts to the Judge of the Municipal Court, who shall thereupon cause the owner or person harboring such dog to be notified in writing of the complaint against such dog and to appear before the Judge at a stated time and place. The Judge, at the time set for such hearing, shall inquire into the facts and give all interested persons an opportunity to be heard, under oath, and to be represented by counsel.

c.     If the Judge shall decide, in accordance with the evidence before him, that such dog complained of is a vicious dog, as defined by this section, notice of such decision shall be given to the owner or person harboring such dog. Thereafter, no such dog, determined as aforesaid to be a vicious dog, shall be permitted to run at large or be upon any street or public place in the City except while securely muzzled and under a leash. The owner or person harboring any such vicious dog who shall suffer or permit such dog to run at large or be upon any street or public place in the City while not securely muzzled and under leash shall be guilty of a violation of this section.

        (New)

 

 

5-4    VIOLATIONS AND PENALTIES.

   Any person who shall violate the provisions of subsection 5-1.2 shall be liable to a penalty of not less than five ($5.00) dollars nor more than fifty ($50.00) dollars for the first offense, and not less than twenty-five ($25.00) dollars nor more than fifty ($50.00) dollars for each subsequent offense, to be recovered in the manner provided by N.J.S.A. 4:19-15.19 et seq. Any person who shall violate any other provision of this chapter shall be liable to a fine of not more than one hundred ($100.00) dollars for the first offense, and not more than three hundred ($300.00) dollars for each subsequent offense, or to imprisonment for a term not exceeding thirty (30) days, or both. Each day in which such violation continues shall be deemed to constitute a separate offense. (New)

 

 

5-5     FEEDING OF UNCONFINED WILDLIFE AND STRAY ANIMALS PROHIBITED.

Editor's Note: See also Section 19-2, Wildlife Feeding.

 

5-5.1       Purpose.

   The purpose of this section is to prohibit the feeding of unconfined wildlife and stray animals on any public or private property so as to protect the public health, safety and welfare and to prescribe penalties for failure to comply. (Ord. No. 60-64)

 

5-5.2       Definitions.

Feed shall mean to give, place, expose, deposit, distribute or scatter any edible material with the intention of feeding, attracting or enticing wildlife or stray animals.  Feeding does not include baiting in the legal taking of fish and/or game.

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

Stray animal shall mean a domestic animal that has strayed or is lost.

Wildlife shall mean all animals that are neither human or domesticated, shall include but not be limited to pigeons, waterfowl, feral cats, raccoons, skunks or groundhogs.

a.     The feeding of and/or providing harborage for stray animals is prohibited.

b.     The feeding of privately owned animals in such a manner as to create unsanitary conditions, attract vermin or be potentially detrimental to health or create a public health nuisance is prohibited.

(Ord. No. 60-64)

 

5-5.3       Prohibited Conduct.

   No person shall feed any wildlife or domestic stray animals on any property, public or private within the City of Linden.

   This prohibition shall not apply to the feeding of song birds provided feeding of song birds is in compliance with subsection 5-5.4. (Ord. No. 60-64)

 

5-5.4       Feeding Song Birds.

   Feeding of songbirds shall be permitted outdoors at such times and such manner that:

a.     Such feeding does not create an unreasonable disturbance that affects the right of surrounding property owners and renders other persons unsecure in the use of their property;

b.     Does not create an accumulation of dropping on the property and/or surrounding properties;

c.     Does not become an attractant for rodents and other wild animals; and

d.     Bird feeders are enclosed and placed at least four (4) feet above the ground in a wildlife deterring manner.

(Ord. No. 60-64)

 

5-5.5       Enforcement.

   This section shall be enforced by the Health Department, the Police Department and the Animal Control Officers.

   Any person found to be in violation of this section shall be ordered to cease feeding immediately. (Ord. No. 60-64)

 

5-5.6       Violations and Penalties.

   Any person violating any provisions of this section shall be liable to a penalty in accordance with subsection 1-5.1 of the Revised General Ordinance of the City of Linden. (Ord. No. 60-64)

 

 

5-6     REGULATING THE SALE OF DOGS AND CATS.

 

5-6.1       Definitions.

   The following words and terms shall have the meanings herein indicated for the purposes of this Article:

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 herein.

(Ord. No. 62-40)

 

5-6.2       Restrictions on the Sale of Dogs and Cats.

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. 62-40)

 

5-6.3       Record Keeping and Disclosure.

   A pet shop shall maintain records stating the name and address of the animal care facility or animal rescue organization that each cat or dog was obtained from for at least two (2) years following the date of acquisition.  Such records shall be made available, immediately upon request, to the City of Linden Board of Health Department and submitted annually, and no later than May 1st of each year, to the City of Linden Board of Health Department.  Each pet shop shall display on each cage a label stating the name and address of the animal care facility or animal rescue organization of each animal kept in the cage. (Ord. No. 62-40)

 

 



1Editor's Note: Prior ordinance history includes portions of 1979 Code § 6-4.7 and Ordinance No. 46-43.

CHAPTER V ANIMAL CONTROL
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