Montclair Municipal Code Ch. 5.08 Dogs

Each dog over the age of four months harbored within the City shall be licensed and vaccinated for rabies. The owner or harborer of any such dog shall be required to present to the Enforcing Officer upon request a valid license and vaccination certificate signed by a licensed veterinarian. Such vaccination shall be made each year unless a chick embryo vaccine approved by the Department of Public Health of the State has been given by a licensed veterinarian within the past two years.

(Ord. 99-791 Exh. A (part); prior code § 6-1.02)

A. Fees. Every person owning or harboring any dog in the City shall annually or biennially, upon the date the license shall fall due, pay to the City or to such organization or person as the City Council may designate by contract as collection agent, an annual or biennial license fee as set forth by Council resolution.

B. Penalty Fees. A penalty fee, as set forth by City Council resolution, shall be added to each license fee for failure to pay the same within 30 days after the date the same shall fall due.

C. Issuance: Tags. Upon receipt of the license fee, a copy of the rabies vaccination certificate, an application in writing giving the name and address of the owner or harborer of the dog, and a brief description of the dog, the Enforcing Officer shall issue to such applicant a license certifying the payment of such fee, the name and address of the applicant, a brief description of the dog, and the number assigned to such dog and shall, at the same time, provide to such applicant a metal tag which shall set forth the date of expiration of such license. It shall be the duty of the owner or harborer of such dog to maintain such tag on such dog.

D. Transfer. Upon receipt of documentary proof that a dog has been validly licensed in another city or county in the State, and has a current dog license from such other city or county, and has, since the issuance of that license, been brought within the City, the City shall, for a fee of One (1) Dollar, transfer such license and provide to the owner a City license and metal tag as set forth in this section.

(Ord. 99-791 Exh. A (part); prior code § 6-1.03)

A. It is unlawful for any person owning or having the charge, care, custody or control of any dog to cause, permit or allow such dog to be or to run at large upon any highway, street, lane, alley, court, or other public place in the City or upon any private property or premises other than those of the person owning or having the charge, care, custody or control of such dog unless such dog shall be restrained by a substantial chain or leash not exceeding 6 feet in length and is in she charge, care, custody and control of a competent person.

B. The provisions of this section shall not prohibit permitting or allowing dogs to run at large on the premises of the owner or person having the charge, care, custody or control of such dogs, or prohibit permitting or allowing dogs, other than unspayed female dogs during the copulating season, to run at large on any ranch or undeveloped property where, within a radius of 500 feet therefrom, there shall be situated not more than five residential or commercial establishments other than the residence of the person owning or having the charge, care, custody or control of such dogs.

(Ord. 99-791 Exh. A (part); prior code § 6-1.04)

A. Duty to Impound. It shall be the duty of the Enforcing Officer to impound any dog for which a license is required if such dog shall not be wearing a dog license tag, or any dog running at large upon a public street or sidewalk or upon private property or any public place contrary to the provisions of this chapter, and the Enforcing Officer shall keep such dog impounded until it is claimed or destroyed.

B. Reclaiming Impounded Dogs by Owner. The owner of the dog so impounded may reclaim such dog upon the payment of the required license fees, pick-up fees, and boarding fees as set by City Council resolution.

C. Reclaiming Impounded Dogs by Other than Owner. If a dog shall have been impounded for a period of five days and shall not have been reclaimed by the owner, the Enforcing Officer, after a reasonable and diligent search for the owner and the notification of the owner, if known, by registered mail within 24 hours after impoundment, may, in lieu of killing such dog, offer such dog for adoption. The Enforcing Officer of the humane society may, however, with the approval of a licensed veterinarian, humanely destroy any impounded animal on the same day it is impounded if, in the opinion of the State Humane Officer, it is in great pain or discomfort due to an injury or infectious disease which may contaminate and be detrimental to the health of the animals at the animal shelter.

D. Destruction of Impounded Dogs. If an impounded dog is nor claimed or adopted pursuant to subsections B or C of this section, it shall be the duty of the Enforcing Officer to cause such dog to be destroyed.

(Ord. 99-791 Exh. A (part); prior code § 6-1.05)

It is unlawful for any person to harbor or keep any vicious dog in the City.

(Prior code § 6-1.06)

A. Examination of Dogs Suspected of Having Rabies. The Enforcing Officer shall have the right to seize any dog within the City having or suspected of having rabies and cause the same to be examined by the Health Officer, and it shall be the duty of the Health Officer to examine such dog for the purpose of determining if such dog is afflicted with rabies. If it shall be determined that such dog does not have rabies, it shall be returned to the owner or person harboring the same.

B. Quarantine. Whenever it has been shown that any dog has bitten any person, the owner or person having the custody or possession of such dog shall, upon the order of the Health Officer, quarantine it and keep it securely chained for a period of 12 days and shall permit the Health Officer to make an inspection or examination thereof at any time during such period. Dogs quarantined shall not he removed from the premises without the permission of the Health Officer; provided, however, the Health Officer, in the interests of protecting the person bitten, may order the dog quarantined for a period of 12 days at the owner's expense.

(Ord. 99-791 Exh. A (part); prior code § 6-1.07)

The Enforcing Officer or any peace officer of the City shall have the right to enter upon any private or public property to ascertain whether any dog is harbored in violation of the provisions of this chapter or is afflicted with rabies.

(Prior code § 6-1.08)

It is unlawful for any person to willfully or maliciously torture, tease, torment, beat, kick, strike, mutilate, injure, disable or kill any dog used by the Police Department in the performance of its functions or duties or to unwarrantably interfere with or meddle with any such dog while being used by the Police Department or any officer or member thereof in the performance of any of the functions or duties of the Police Department or of such officer or member.

(Prior code § 6-1.09)

A. It is unlawful for any person owning or having the charge, care, custody or control of any dog, cat, or other animal or fowl, whether licensed or not, to permit the same to habitually howl, bark, yelp, or make other noise which disturbs or annoys any considerable or significant number of persons in the neighborhood.

B. The keeping or harboring of any dog, cat, or other animal or fowl, whether licensed or not, which by habitual howling, barking, yelping, or other noise disturbs or annoys any considerable or significant number of persons in the neighborhood is unlawful and is declared to be a public nuisance. Whenever it shall be affirmed in writing by three or more persons having separate residences or regularly employed in the neighborhood that any animal or fowl is a habitual nuisance by reason of its howling, barking, yelping, or other noise or is by its actions potentially dangerous or vicious or in any other manner causing undue annoyance, the Enforcing Officer, if he or she finds such nuisance to exist, may impound any such animal or fowl.

(Ord. 99-791 Exh. A (part); prior code § 6-1.10)

A. Definition. For the purposes of this section, "commercial kennel" means a place where five or more dogs are kept for the purpose of boarding, breeding, training or marketing.

B. License Fees. Every person engaging in the business of operating a commercial kennel shall obtain a license from the Business License Clerk and pay an annual license fee for each calendar year as set forth in the then current Business License Fee resolution.

C. Dog Licenses. All dogs owned by or kept in commercial kennels shall be subject to the provisions of this chapter upon attaining the age of four months.

D. Sale of Puppies. The sale of each dog before it has attained the age of four months by a commercial kennel shall be reported by each commercial kennel operator on a form to be furnished by the Health Officer, which form shall include information as to the name and address of the person to whom the dog is sold, a description of the dog, the age of the dog, and such other pertinent data as the Health Officer may require. The Business License Clerk shall have the authority, upon giving 10 days' notice by United States mail to any commercial kennel licensee, to revoke any license granted to a commercial kennel operator for violation of the provisions of this chapter.

(Ord. 99-791 Exh. A (part); prior code § 6-1.11)