Proposed Ordinance 2019-11

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ORD 2019-11

AN ORDINANCE OF THE TOWN OF HACKETTSTOWN AMENDING SECTION 14 (PENALTIES) OF CHAPTER 6 (ANIMALS) TO INCREASE THE PENALTY FOR VIOLATION OF CHAPTER 6-10: CONTROL OF DOGS

            WHEREAS, the Town of Hackettstown (“Town”) is authorized to enact ordinances regulating the running at large of dogs and other animals and prescribe penalties for the violation thereof; and

            WHEREAS, Chapter 6, Section 10(a) of the Town Code presently prohibits any person from permitting any dog, licensed or unlicensed, to run at large upon any of the streets or public places of the Town or upon the property of any other person; and

            WHEREAS, the Town Code Chapter 6, Section 14 presently states that any person who violates of Chapter 6, Section 10(a) shall be liable for a penalty of not more than $100.00 for each offense; and

            WHEREAS, the Town Council determines that it is in the best interest of public safety and order to increase the penalty for violations of Chapter 6, Section 10(a).

            NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Common Council of the Town of Hackettstown, County of Warren, State of New Jersey, as follows:

            Section One: Pursuant to Section 6-14 of the Town Code, entitled “Penalties”, of Chapter 6, entitled “Animals”, is hereby amended to recodify Section 6-14(b) as Section 6-14(c) and establish a new Section 6-14(b) setting forth increased penalties for Section 6-10(a), so Section 6-14 shall read as follows:

            6-14.    Penalties.

Any person who violates or fails or refuses to comply with Section 2, 3, 4, 5, 6, 7, 10(b), 10(c), or 11 of this Chapter, shall be liable for a penalty of not more than One Hundred Dollars ($100.00) for each offense. Each day of violation shall be considered a separate offense.

Any person who violates or fails or refuses to comply with Section 10(a) of this Chapter, shall be liable for a penalty of One Hundred Dollars ($100.00) for the first offense; Two Hundred Fifty Dollars ($250.00) for the second offense; and Five Hundred Dollars ($500.00) for the third or subsequent offenses; or by imprisonment in the County Jail for a term not exceeding ninety (90) days, or both.  Each day of the violation shall be considered a separate offense.

Any person who shall violate the provisions of Section 12 or 13 of this Chapter shall, upon conviction thereof, be punished by a fine not exceeding Five Hundred Dollars ($500.00), or by imprisonment in the County Jail for a term not exceeding ninety (90) days, or both. 

Section Two:  If any section, subdivision, paragraph, clause, or provision of this ordinance shall be adjudged invalid, such adjudication shall apply only to such section, subdivision, paragraph, clause, or provision and the remainder of this ordinance shall be deemed valid and effective.  All ordinances or parts of ordinances inconsistent with this ordinance are hereby repealed to the extent of such inconsistency. 

Section Three: This ordinance shall become effective upon final passage and publication according to law

 

NOTICE

 

Notice is hereby given that the aforesaid ordinance was introduced at a regular meeting of the Common Council of the Town of Hackettstown, New Jersey, held on September 26, 2019, and that at a regular meeting of the same to be held on October 24, 2019 at the Municipal Building, 215 Stiger Street, Hackettstown, New Jersey, at the hour of 7:00 p.m., the said Common Council will conduct a public hearing and will consider the final passage of said ordinance.

 

                                                                                    WILLIAM W. KUSTER, JR.

                                                                                    Town Clerk/Administrator