CHAPTER VIII ANIMAL CONTROL* 

 

 

8-1       GENERAL PROVISIONS.

 

8-1.1         Definitions. 

       As used in this chapter:

       Cat shall mean any member of the domestic feline species whether male, female or altered (neutered).

       Dog shall mean any dog, puppy, neutered bitch, or neutered male dog, any member of the domestic canine species, whether male or female.

       Domestic animal shall include both dogs and cats as defined in this section.

       Harboring shall mean maintaining custody or control over a dog or cat or permitting a dog or cat to remain on premises or providing shelter or food which shall include the leaving of food in an area to which stray dogs or cats have access.

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

       Neutered dog shall mean a male or female dog which has been permanently sterilized.

       Owner shall include every person having a right of property in such dog or cat and every person who has such dog or cat in his keeping. The "owner" must be at least eighteen (18) years of age, a parent or legal guardian shall become co-owner of the dog or cat and shall assume full responsibility in lieu of the minor, in order to fully comply with the provisions of this chapter.

       Pet shop shall mean any room or group of rooms, cage or exhibition pen, not part of a kennel, where dogs, cats or animals for sale are kept or displayed.

       Pound shall mean an establishment for the confinement of dogs seized either under the provisions of this chapter or otherwise.

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

       (Ord. #76-54, § 1, 10-25-76; Ord. #79-64; Ord. #2001-6, § 1, 6-11-01)

 

* Editor's Note:  For regulations on sheep, goats and swine, see Chapter IX, Health Regulations.

 

8-1.2         Animal Control Officer. 

       The Mayor shall have power to appoint one (1) or more Animal Control Officers whose duty it shall be to enforce the provisions of this chapter. (Ord. #76-54, § 15, 10-25-76)

 

 

8-2       DOGS.

 

8-2.1         License Required.

       No person shall keep, harbor, or have custody of any dog within the Township without first obtaining a license to be issued by the Township Division of Health upon application by the owner and payment of the prescribed fee.  No person shall keep or harbor any dog in the Township except in compliance with the provisions of this section. (Ord. #76-54, § 2, 10-25-76)

 

8-2.2         Application; Registration Tag.

       a.     Time to Apply.

        1.      Any person who shall own, keep, or harbor a dog of licensing age shall in January annually, apply for and procure from the Township Division of Health, a license and an official metal registration tag for each dog owned, kept or harbored, and shall place upon each dog a collar or harness, with the registration tag securely fastened thereon.

        2.      The owner of any newly-acquired dog of licensing age or of any dog which attains licensing age, shall make application for a license and a registration tag for the dog within ten (10) days after such acquisition or age attainment.

       b.     Information Required; Preservation of Information. The application shall state the breed, sex, age, color, and markings of the dog for which a license and registration are sought, and whether it is of a long or short-haired variety; also, 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 (3) years by the Township Division of Health.  In addition, the Division shall forward similar information to the State Department of Health each month on forms furnished by the Department.  Registration numbers shall be issued in the order of the applications.

(Ord. #76-54, §§ 3, 5, 6, 10-25-76)

 

8-2.3         Evidence of Rabies Vaccination. 

       The person applying for a license and registration tag shall provide a valid certificate that the dog has been inoculated with an approved rabies vaccine by a duly licensed veterinarian, or by such other veterinarian permitted by law to do the same, or that the dog has been certified exempt as provided by regulations of the State Department of Health. (Ord. #76-54, § 3, 10-25-76)

 

8-2.4         Fees, Expiration; Transfer Prohibition.

       a.     A person applying for the license and registration tag shall pay the following annual fees for each dog:

               Township of Cherry Hill                                             $21.00

               State Registration Fee (Rabies)                                      1.00

               State Surcharge for Pilot Clinic Fund                               .20

               State Surcharge Unneutered Dogs                                 3.00

       Based on the above fee schedule the following license and registration fees shall be paid for each dog:

               Neutered Dog                                                              $22.20

               Unneutered Dog                                                            25.20

       b.     The said license registration tags and renewals thereof, shall expire on January 31 in each year and such licenses and registration tags are not transferable from one (1) dog to another.

       c.     If the owner provides a valid rabies immunization certificate, a dog license can be issued.

       d.     Only one (1) license and registration tag shall be required in any licensing year for any dog owned in New Jersey and such license and tag shall be accepted by the Township as evidence of compliance with this section. (N.J.S.A. 4:19-15.3)

       e.     Any person who was required to, but failed to obtain a license or renewal thereof on or before the date prescribed by the provisions of this section or within fifteen (15) days thereafter, shall pay, in addition to the fee prescribed by this subsection for such license or renewal, a late administrative fee of twenty-five ($25.00) dollars, this surcharge to be used to absorb the cost of additional mailings and associated administrative and clerical tasks.

       f.     The fees received under this subsection shall not be refundable.  The exception to this rule is an occurrence of administrative error.

(Ord. #76-54, § 4, 10-25-66; Ord. #76-64; Ord. #80-1, § 1, 1-28-80; Ord. #83-42, § 1, 10-24-83; Ord. #85-62, § 1, 10-28-85; Ord. #90-60, § 1, 9-10-90; Ord. #99-4, § 1, 1-25-99; Ord. #2007-9, 3-26-07)

 

8-2.5         Disposition of Fees Collected.

       License fees and other moneys collected or received under the provisions of this section and Section 8-3, except registration tag fees, shall be forwarded to the Township Treasurer within thirty (30) days after collection or receipt and shall be placed in a special account separate from any of the other accounts of the Township and which shall be used for the following purposes only:

       a.     For collecting, keeping, and disposing of dogs liable to a seizure under this section.

       b.     For local prevention and control of rabies.

       c.     For providing anti-rabic treatment under the direction of the Township Health Officer for any person known or suspected to have been exposed to rabies.

       d.     For all other purposes prescribed by the statutes of New Jersey governing the subject.

       e.     For administering the provisions of this section.  Any unexpended balance remaining in such special account shall be retained until the end of the third fiscal year following and may be used for any of the purposes set forth in this subsection.  At the end of the third fiscal year following, and at the end of each fiscal year thereafter, there shall be transferred from the special account to the general funds of the Township any amount then in the account which is in excess of the total amount paid into the special account during the last two (2) fiscal years next preceding.

       The registration fee of one ($1.00) dollar for each dog shall be forwarded within thirty (30) days after collection by the Township Division of Health to the State Department of Health.

(Ord. #76-54, § 12, 10-25-76)

 

8-2.6         Dogs Exempt.

       Dogs used as guides for blind persons and commonly known as "seeing eye" dogs shall be licensed and registered as other dogs hereinabove provided for, except that the owner or keeper of such dog shall not be required to pay any fee, and shall be excluded from any other provision of this section. (Ord. #76-54, § 4, 10-25-76; Ord. #85-62, § 1, 10-28-85)

 

8-2.7         Dogs Brought Into the Township From Out of State.

       a.     Any person who shall bring or cause to be brought into the Township any dog licensed in another State for the current year, and bearing a registration tag, and shall keep or permit the same to be kept within the Township for a period of more than ninety (90) days, shall immediately apply for a license and registration tag for each dog unless the dog is licensed under subsection 8-3.1.

       b.     Any person who shall bring or cause to be brought into the Township any unlicensed dog and shall keep or permit the same to be kept within the Township for a period for more than ten (10) days, shall immediately apply for a license and registration tag for each dog, unless the dog is licensed under subsection 8-3.1.

(Ord. #76-54, § 7, 10-25-76)

 

8-2.8         Removing Tag; Attaching to Another Dog. 

       No person, except an officer in the performance of his/her 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. #76-54, § 8, 10-25-76)

 

8-2.9         Canvass of Dogs.

       The Township Animal Control Officer shall promptly, after February 1 annually, cause a canvass to be made of all dogs owned, kept, or harbored within the limits of the Township.  He shall report, on or before May 1, to the State Department of Health the result thereof, setting forth in separate columns the names and addresses of persons owning, keeping, or harboring dogs, the number of licensed dogs owned, kept, or harbored by each of the persons, together with the registration numbers of each of the dogs, and the number of unlicensed dogs owned, kept or harbored by each of the persons, together with a complete description of each of the dogs.

(Ord. #76-54, § 14, 10-25-76)

 

8-2.10       Impoundment.

       a.     Causes for Impounding.  The Township Animal Control Officer shall take into custody and impound or cause to be taken into custody and impounded, and thereafter destroyed or disposed of as provided in this subsection, the following:

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

        2.      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.

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

       b.     Notice.  If any dog seized wears a collar or harness having inscribed on or attached to the name and address of any person or a registration tag, or the owner or the person keeping or harboring the dog is known, the Animal Control Officer shall serve on the person whose address is given on the collar, or on the owner or 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 or destroyed if not claimed within seven (7) days after the service of the notice.  A notice under this subsection may be served either by delivering it to the person on whom it is to be served, 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.     Fee; Unclaimed Dogs. When any dog seized has been detained for seven (7) days after notice given as set forth above or when notice has not been and cannot be given, and if the owner or person keeping or harboring the dog has not claimed the dog and has not paid to the Township Division of Licensing and Vital Statistics all expenses incurred by reason of its detention, including any costs associated with redemption for each dog per incident plus maintenance charge of four ($4.00) dollars per calendar day, and if the dog is unlicensed at the  time of seizure and the dog owner or person keeping or harboring the dog has not produced a license and registration tag for the dog or paid a penalty of fifty ($50.00) dollars, the Animal Control Officer may cause the dog to be destroyed in a manner causing as little pain as possible or the dog may be placed for adoption in a suitable home. No dog so caught and detained or procured, obtained, sent or brought to a pound or shelter shall be sold or otherwise made available for the purpose of experimentation. Any person who sells or otherwise makes available any dog or other animal for the purpose of experimentation shall be guilty of a disorderly persons offense.

(Ord. #76-54, § 16, 10-25-76; Ord. #76-64; Ord. #85-62, § 2, 10-28-85; Ord. #2007-9, 3-26-07)

 

8-2.11       Running at Large.

       a.     Prohibited.  No person owning, keeping, harboring, or having custody of any dog shall suffer or permit it to run at large upon the public streets, in any public park, in any public building, or in any other public place within the Township.

       b.     Adequate Leash Required.  No person owning, keeping, harboring, or having custody of any dog shall suffer or permit it to be upon the public streets, in any of the public places or semi-public areas of a multi-dwelling complex of the Township unless such is accompanied by a person and is securely confined and controlled by an adequate leash not more than six (6') feet long.

(Ord. #76-54, §§ 20, 21, 10-25-76)

 

8-2.12       Noise; Barking. 

       It shall be unlawful for any person to own, keep, harbor, or have custody of any dog which frequently or for continued duration, makes sounds that create a noise disturbance across a residential real property line.  For the purpose of this subsection, a noise disturbance from a barking dog shall be defined as that created by a dog barking continually for ten (10) minutes or intermittently for thirty (30) minutes unless provoked. (Ord. #76-54, § 19, 10-25-76; Ord. #79-64, § 4; Ord. #79-70, § 1, 10-22-79; Ord. #91-50, § 1, 7-22-91)

 

8-2.13       Vicious Dogs and/or Potentially Dangerous Dogs.

       a.     Definitions.

       Potentially dangerous dog shall mean any dog or dog hybrid declared potentially dangerous by a Municipal Court pursuant to N.J.S.A. 4:19-23.

       Vicious dog shall mean any dog or dog hybrid declared vicious by a Municipal Court pursuant to N.J.S.A. 4:19-22.

       b.     Seizure and Impoundment of a Dog by Animal Control Officer.

        1.      An Animal Control Officer shall be empowered to seize and impound a dog when the Officer has reasonable cause to believe a dog has caused bodily injury, physical threat or has engaged in dog fighting activities as defined by N.J.S.A. 2C:11-1 and/or N.J.S.A. 4:22-24-26 or

        2.      The dog has been trained, tormented, badgered, baited or encouraged to engage in unprovoked attacks upon persons or domestic animals.

        3.      The dog shall be impounded until the final disposition as to whether the dog is vicious or potentially dangerous. Subject to the approval of the Municipal Court, the dog may be impounded in animal control facility or other structure agreeable to the Municipal Court and owner.

       c.     Notice of Seizure and Impoundment; Determination of Identity of Owner; Notice of Hearing; Return of Statement by Owner; Destruction of Dog.

        1.      The Animal Control Officer shall notify the Municipal Court immediately that he has seized and impounded a dog pursuant to the subsection and N.J.S.A. 4:19-19, or that he has reasonable cause to believe that a dog has killed another domestic animal and that a hearing is required.

        2.      The determination of identity of the owner. notice of hearing; return of statement by owner and destruction of dog shall be governed and made pursuant to N.J.S.A. 4: 19-20.

       d.     Agreement Between Municipality and Dog Owner; Settlement and Disposition; Liability of Municipality; Legal Expenses. This section shall be governed by and made pursuant to N.J.S.A. 4:19-21.1.

       e.     Potentially Dangerous Dogs-Order and Schedule for Compliance; Conditions. If the Municipal Court declares the dog to be potentially dangerous, the Court shall issue and order a compliance schedule pursuant to N.J.S.A. 4: 19-24.

       f.     Appeal. Appeals procedure and process shall be governed by N.J.S.A. 4: 19-25.

       g.     Liability of Owner for Costs. The liability of owners for costs for impoundment and destruction shall be governed by N.J. S.A. 4:19-26.

       h.     Subsequent Actions. If the Municipal Court finds that the dog is not vicious or potentially dangerous, the Municipal Court shall retain the right to convene a hearing to determine whether the dog is vicious or potentially dangerous for any subsequent action of the dog.

       i.      Duties of an Owner of a Potentially Dangerous Dog. The owner of a potentially dangerous dog shall comply with the provisions of N.J.S.A. 4:19-28.

       j.      Violations by Owner.

        1.      Any owner of a potentially dangerous dog who is found by clear and convincing evidence to have violated this subsection and/or N.J.S.A. 4:19-17 et seq. shall be subject to the penalties set forth in N.J.S.A. 4: 19-29.

        2.      The Municipal Court shall have the jurisdiction to enforce this section. The Municipal Court may order that the dog so seized and impounded be destroyed in an expeditious and humane manner.

        3.      The Animal Control Officer is authorized to seize and impound any potentially dangerous dog whose owner fails to comply with N.J. S.A. 4: 19- 17 et seq., and/or this subsection, or any rule or regulation adopted pursuant thereto, or a Court's order.

       k.     Potentially Dangerous Dogs Registration and Publication. The registration, tagging, publication of telephone number and any other registration requirement for a potentially dangerous dog shall be made in compliance with N.J.S.A. 4:19-30.

       l.      Fees for License. The annual fee to be paid for a potentially dangerous dog license and each renewal thereof shall be seven hundred ($700.00) dollars.

       m.    Inspection. The Animal Control Officer shall inspect the enclosure and the owner's property at least monthly to determine continuing compliance with N.J.S.A 4:19-24 and paragraph e. of this subsection.

       n.     Other Regulation, Requirements. This subsection shall be governed by N.J.S.A 4:19-17 et seq. and unless specifically delineated above, all rules and requirements of N.J.S.A 4:19-17 et seq. shall apply.

(Ord. #76-54, § 24, 10-25-76; Ord. #98-5, 2-9-98)

 

8-2.14       Dog Bites; Attacks.

       a.     Impounding; Quarantine.  When the vicious dog or any other dog has attacked, bitten, and injured a human being, the Township Animal Control Officer shall impound the dog for a period of ten (10) days or may order the owner of the dog, if the owner is known, to quarantine the dog on his premises, with his full liability of custody, or in a veterinary clinic for ten (10) days.  At the end of the ten (10) day period, any dog under impoundment or quarantine shall be examined by a licensed veterinarian who shall ascertain that the dog is free of rabies and shall issue a certificate as to the dog's condition, to the Animal Control Officer or to the Township Health Officer for release authorization.  If there are any absorbed costs to the Township for the quarantine or impoundment, the owner of the dog will be liable to pay the cost of maintenance, redemption fee, and veterinarian's fee, if any, as stipulated in subsection 8-2.1 d.

       b.     Liability.  The owner of the dog which has attacked, bitten, or injured a person, or caused any suffering or injury to a person without the victim's contributing negligence, may be liable for recovery or compensation for any suffering or injuries resulting from the dog attack, bite, or physical threat.

       It is not intended by this subsection to make an owner liable for any suffering or injury inflicted by a dog which did not have vicious propensities to attack or bite, such viciousness not being known to the owner, where the victim's own careless or provocative conduct was a contributory causal factor in the attack.  A man may keep a vicious dog for the protection of his home and property; but, if he does, he is bound to exercise a degree of care, commensurate with the danger to others which will follow the dog's escape from his control, to secure the dog so that it will not injure anyone who does not unlawfully provoke or intermeddle with it.

       The owner of any dog which shall bite a person while the person is on or in a public place, or lawfully on or in a private place, including the property of the owner of the dog, shall be liable for such damages as may be suffered by the person bitten, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness.  For the purpose of this paragraph, a person is lawfully upon the private property of such owner when he is on the property in the performance of any duty imposed upon him by the laws of this State or the laws or postal regulations of the United States, or when he is on such property upon the invitation, expressed or implied, of the owner thereof.

(Ord. #76-54, § 24, 10-25-76)

 

8-2.15       Muzzling of Dogs. 

       The Township Animal Control Officer may designate at any time when dogs, outside the premises, shall be muzzled.  The designated times to be published at least three (3) times in a newspaper in which legal notices of the Township are published, and after such publication, no person owning, keeping, or harboring a dog shall permit it upon a public street, public place or outside the premises occupied by the owner, during the period designated, unless the dog wears a muzzle securely fastened over its jaws in such a manner that it cannot bite. (Ord. #76-54, § 22, 10-25-76)

 

8-2.16       Injury of Other Domestic Animals; and Damage of Property. 

       No person owning, keeping, harboring, or having custody of a dog shall permit it to cause a traffic hazard, to do or cause any injury to other domestic animals which are not at fault, to do damage to any lawn, shrubbery, flowers, garden grounds, or commit any nuisance on any other property of others.  The person may either be liable for the injury or damage or for compensation of the absorbed costs. (Ord. #76-54, § 23, 10-25-76)

 

8-2.17       Control of Dog Defecation. 

       No person owning, harboring, keeping, walking, or in charge of any dog shall cause, suffer, permit, or allow the dog to soil, defile, defecate on, or commit any nuisance on any common thoroughfare, street, sidewalk, passage way, play area, park, or any place where people congregate or walk, or upon any public property, or upon any private property without the permission of the owner of the private property in the last instance.  If any person shall permit the dog to soil, defile, defecate on, or commit any nuisance on the areas aforesaid, he shall immediately remove and dispose of all feces and droppings deposited by the dog.  The removal shall be in a sanitary manner by a shovel, container, disposal bag, etc.  In a multi-dwelling complex, the tenant dog owner shall take his dog to the only designated walking area for dogs or other animals which shall be provided and maintained in a sanitary manner by the management of the complex.  On the dog owner's own property, he shall maintain the property in a sanitary manner in order to prevent any noxious odors, attraction of vermin breeding, or any other public health nuisance to neighbors. (Ord. #76-54, § 23, 10-25-76)

 

8-2.18       Humane Care of Dogs.

       a.     No person shall abandon his dog for any reason for any period of time or fail to provide his dog with sufficient quantity of good and wholesome food and water, proper shelter and protection from the weather, veterinary care when needed to prevent suffering, and humane care and treatment.

       b.     When, without authorization from the Township Animal Control Officer, an injured or sick animal with no known owner is brought from within the Township boundary lines to a veterinary clinic in Cherry Hill or to an adjacent municipality for emergency veterinary care, the Township will be responsible for only up to one hundred ($100.00) dollars of the cost of any emergency veterinary care that animal may receive, unless the veterinary care is authorized in writing by the Township Animal Control Officer.  This emergency care will be limited to veterinary first aid-type treatment only, such as the stoppage of bleeding, relieving of pain, stabilizing of body temperature, placing of splints, etc.

       c.     The maximum time period for emergency treatment will be limited to seventy-two (72) hours after receipt of the animal, unless written authorization to proceed beyond that amount of time is provided by the Township Animal Control Officer.  If after the first seventy-two (72) hours of emergency treatment the animal's injuries are considered critical and terminal in the opinion of the attending veterinarian, the owner of the animal remains unknown, and the Township Animal Control Officer and the attending veterinarian concur, the injured dog will be placed for euthanasia.

       d.     When any extensive veterinary care is needed, the attending veterinarian must obtain the approval of the Township Animal Control Officer prior to administering further treatment.  If the animal, in the opinion of the attending veterinarian, requires hospitalization beyond seventy-two (72) hours, permission for this must be obtained in writing from the Township Animal Control Officer.

       e.     If no owner if found within seventy-two (72) hours and the veterinary hospital intends to keep the animal for adoption, it will then become the obligation of the veterinary hospital to notify the Township Animal Control Officer of the new owner's name and address.  It will also be the obligation of the veterinary hospital to fulfill all legal requirements as to necessary care for the animal, length of time it must remain in that facility's care, etc., before the animal can be released.

       f.     If the owner of the animal is found, the bill for all veterinary care will be passed on to the owner.  It is also the responsibility of the owner of the dog to reimburse the Township for any expenses involved in the emergency veterinary care.

(Ord. #76-54, § 25, 10-25-76; Ord. #79-64, § 5; Ord. #79-70, § 2, 10-22-79; Ord. #93-7, § 1, 2-8-93)

 

8-2.19       Right of Entry. 

       Any officer or agent authorized or empowered to perform any duty under this section authorized to go upon any premises to seize for impounding any dog which he may lawfully seize and impound when the officer is in immediate pursuit of the dog, except upon the premises of the owner of the dog if the owner is present and forbids the same. (Ord. #76-54, § 17, 10-25-76)

 

8-2.20       Interfering with Persons Performing Duties. 

       No person shall hinder, molest, or interfere with anyone authorized or empowered to perform any duty under this section. (Ord. #76-54, § 18, 10-25-76)

 

8-2.21       Inapplicability. 

       No provision of this section shall be construed to apply to any establishment where dogs are received or kept for diagnostic, medical, surgical, or other treatments, owned by and operated under the immediate supervision of a graduate veterinarian licensed in the State of New Jersey. (Ord. #76-54, § 26, 10-25-76)

 

8-2.22       Delinquent Fee; Violation; Penalty.

       a.     Any person who fails to obtain a license and registration tag in accordance with the provisions in subsections 8-2.1 through 8-2.7 shall be liable to a delinquent fee of fifty ($50.00) dollars, payable to the Municipal Court through the Township Violation Bureau, upon receipt of a summons issued by the Animal Control Officer or an authorized person or the person shall be required to appear in Municipal Court.

       b.     Any person who fails to comply with the provisions of subsection 8-2.10 and/or 8-2.11 by allowing a person's dog to run at large shall be liable for the sum of one hundred ($100.00) dollars (seventy [$70.00] dollars and thirty [$30.00] dollars cost), payable to the Municipal Court through the Township Violation Bureau, for a first offense in a licensing year, upon receipt of a summons issued by the Animal Control Officer or an authorized person. Second offense and thereafter in a licensing year, the person shall be liable to pay the fine, as determined by the Court for repeat offenders, and shall be required to appear in Municipal Court.

       c.     Any person who violates or refuses to comply with any part of any of the following subsections 8-2.1 through 8-2.3, 8-2.6, 8-2.7, 8-3.1 and 8-3.3, or with the rules and regulations promulgated by the State Department of Health governing the sanitary conduct and operation of kennels, pet shops, shelters, and pounds, to preserve sanitation therein and prevent the spread of rabies and other diseases of dogs and cats, within and from such establishments , shall be liable to a penalty of no less than one hundred ($100.00) dollars for each offense to be recovered by and in the name of the Township. A person who refuses or neglects to pay the amount of a judgment rendered against him and the costs and charges incident thereto, may be committed by the Court to the County jail for a period not exceeding thirty (30) days in the case of a first conviction, and in the case of conviction for a subsequent or continuing violation, for a period not exceeding ninety (90) days.

       d.     Any person who violates or refuses to comply with any part of any of the following subsections 8-2.11 through 8-2.17 shall be subject to a fine not exceeding one hundred ($100.00) dollars or to imprisonment for a period not exceeding ninety (90) days, or to both, at the discretion of the Court.

(Ord. #76-54, § 28, 10-25-76; Ord. #79-64; Ord. #2001-6, § 2)

 

 

8-3       KENNELS; PET SHOPS; SHELTERS; POUNDS.*

 

* Editor's Note:  For noise regulations and penalties concerning kennels, pet shops, shelters and pounds, see subsections 8-2.12 and 8-2.22 of this chapter.

 

8-3.1         Licensing of Kennels; Pet Shops; Shelters or Pounds.

       a.     Required. Any person who keeps, operates or proposes to establish a kennel, pet shop, shelter, or pound shall apply to the Township Clerk/Division of Vital Statistics for a license entitling him to keep or operate such establishment.

       b.     Application.  The application shall describe the premises where the establishment is located or is proposed to be located, the purpose for which it is to be maintained, and shall be accompanied by the written approval of the Animal Control Officer showing compliance with the local and State rules and regulations concerning location of and sanitation at such establishments.

       c.     Contents; Expiration and Revocation of Licenses.  All licenses issued for a kennel, pet shop, shelter, or pound shall state the purpose for which the establishment is maintained and all licenses shall expire on the last day of June of each year, and shall be subject to revocation for failure to comply with the rules and regulations of the State Department of Health or the County Board of Health governing the same, after the owner has been afforded a hearing by either the State Department of Health or the County Board of Health or as set forth under N.J.S.A. 4:19-15.8.

       d.     Individual Dog Licenses Not Required; Transfer Prohibited.  Any person holding the license shall not be required to secure individual licenses for the dogs owned by the licensee and kept at such establishments; the license shall not be transferable to another owner or different premises.

(Ord. #76-54, § 9, 10-25-76; Ord. #2001-6, § 3, 6-11-01)

 

8-3.2         License Fees for Kennels and Pet Shops. 

       The annual license fee for a kennel providing accommodations for ten (10) or less dogs shall be ten ($10.00) dollars and for more than ten (10) 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 shelter or pound. (Ord. #76-54, § 10, 10-25-76)

 

8-3.3         Dogs Going off Premises.

       No dog kept in a kennel, pet shop, shelter, or pound shall be permitted off the premises, except on a leash, or in a crate or other safe control. (Ord. #76-54, § 11, 10-25-76)

 

8-3.4        Restricting the Sale of Dogs and Cats From Pet Shops.

            a.         Definitions.

                        As used in this subsection:

Animal care facility shall mean 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 shall mean 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 shall mean a member of the species of domestic cat Felis catus.

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

Offer for sale shall mean 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 shall mean 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.

            b.         Regulations.

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

        (a)        An animal care facility; or

        (b)        An animal rescue organization

         2.         A pet shop shall not offer for sale a dog or cat that is younger than eight (8) weeks old.

(Ord. #2015-15, 11-9-15)

 

 

 

8-4       USE OF STREETS BY ANIMALS.

 

8-4.1         Prohibited Acts.

       a.     No horses or cattle shall be permitted to run at large upon any public street within the limits of the Township.

       b.     Horses and cattle shall not be ridden or driven upon the paved portion of any public street within the limits of the Township, except for the purposes of crossing the same, at right angles thereto.

(Ord. #64, §§ 1, 2, 21-21-53)

 

8-4.2         Lamp Required at Night. 

       Every person riding a horse or other beast upon any roadway in the Township, between the hours of sunset and sunrise, shall carry a lighted lamp.  The lamp shall show a white light and shall be of such a nature and so displayed that it may be seen from a point at least five hundred (500') feet distant in the direction towards which the horse or other beast is proceeding.  There shall also be carried a lighted lamp showing a red light, visible for a distance of at least five hundred (500') feet in the direction from which the animal or other beast is proceeding. (Ord. #64, § 3, 12-21-53)

 

 

8-5       ANIMAL TRAPS LOANED TO TOWNSHIP RESIDENTS.

 

8-5.1         Time Limit. 

       Traps are to be kept for a period of two (2) weeks only. (Ord. #89-20, § 1, 5-8-89)

 

8-5.2         Deposit Required.

       A fifty ($50.00) dollar deposit is required before the animal traps can leave the Municipal Building. (Ord. #89-20, § 2, 5-8-89; Ord. #90-23, § 1, 4-23-90)

 

8-5.3         Late Charge. 

       A five ($5.00) dollar per day late charge will be imposed on animal traps not returned on time. (Ord. #89-20, § 3, 5-8-89; Ord. #90-23, § 2, 4-23-90)

 

8-5.4         Signed Agreement.

       a.     An animal trap agreement shall be signed by the applicant at the time of pick-up and a copy of the agreement must be returned with the trap before the deposit can be returned.

       b.     A ten ($10.00) dollar application fee shall be charged for administrative expenses. (Ord. #89-20, § 4, 5-8-89; Ord. #90-23, §§  3, 4, 4-23-90)

 

 

8-6       CONTROL OF CATS.

 

8-6.1         Definitions.

       As used in this section:

       Animal shall mean, for the purpose of this section, cat.

       Animal Control Authority shall mean any person or agency designated or certified by the State of New Jersey to enforce the provisions of this section.

       Cat shall mean any member of the domestic feline species, male, female, or altered.

       Cat of licensing age shall mean  any cat which has attained the age of seven (7) months, or which possesses a set of permanent teeth.

       Harboring shall mean maintaining custody or control over a cat, or permitting a cat to remain on premises, or providing food and shelter.

       Premises shall mean open, nonenclosed portion of any property.

       Public nuisance shall mean a cat that damages either public or private property or harms the lawful users or occupants thereof.

       Owner shall mean and include every person having a right of property (or custody) in a cat and every person who has a cat in his/her keeping, or who harbors or maintains a cat or knowingly permits a cat to remain on or about any premises occupied by that person.

       Stray cat shall mean a cat having no known owner or custodian or known place of care and shelter.

       (Ord. #90-46, § I, 6-25-90)

 

8-6.2         Provisions for Control of Cats.

       a.     Any person who owns, keeps or harbors any cat located within the Township or permits a cat to enter the Township shall exercise sufficient and proper care and control over the animal at all times so as to prevent the animal from becoming a public nuisance as defined herein.

       b.     No person owning, keeping or harboring any cat shall permit it to soil, defile or commit any nuisance on any place where people congregate or walk, or upon any public property whatsoever.  This provision shall apply to all privately owned property in the Township except the property of the owner or keeper of a cat and the property owned or controlled by persons who have invited or permitted the owner or keeper of a cat to bring the cat upon the premises.

       c.     No person shall abandon any cat of any age or permit a cat to become a stray.

(Ord. #90-46, § II, 6-25-90)

 

8-6.3         Stray Cats.

       a.     The Township Animal Control Officer shall take into custody and impound or cause to be taken into custody and impounded, and thereafter destroyed or disposed of as provided in this section:

        1.      Any cat off the premises of the owner or of the person keeping or harboring the cat which the official or agent has reason to believe is a stray cat;

        2.      Any cat off the premises of the owner or person keeping or harboring the cat that is not licensed;

        3.      Any female cat in season off the premises of the owner or person keeping or harboring the cat.

       b.     If any cat so seized wears a collar or harness having inscribed thereon or attached thereto the name and address of any person, or registration tag, or the owner, the person keeping or harboring the cat is known, the Animal Control Officer shall forthwith serve on the person keeping or harboring the cat, if 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 the service of the notice.  A notice under 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 place of abode, 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 place of abode, or to the address given on the collar.

       c.     When any cat so seized has been detained for seven (7) days after notice given as above set forth, or when notice has not been and cannot be given as above set forth, and if the owner or person keeping or harboring the cat has not claimed the cat and has not paid to the Township's Division of Licensing and Vital Statistics all expenses incurred by reason of its detention, including any costs associated with redemption for each dog per incident plus maintenance charge of four ($4.00) dollars per calendar day, and if the cat is unlicensed at the time of seizure and the cat owner or person keeping or harboring the cat has not produced a license and registration tag for the cat or paid a penalty of fifty ($50.00) dollars, the Animal Control Officer may cause the cat to be destroyed in a manner causing as little pain as possible or the cat may be placed for adoption in a suitable home. No cat so caught and detained or procured, obtained, sent or brought to a pound or shelter shall be sold or otherwise made available for the purpose of experimentation. Any person who sells or otherwise makes available any cat or other animal for the purpose of experimentation shall be guilty of a disorderly persons offense.

(Ord. #90-46, 6-25-90; Ord. #2007-9, 3-26-07)

 

8-6.4         Seizure of Cats for Impounding.

       Any Officer of his agent authorized or empowered to perform any duty under this section is hereby authorized to go upon any premises to seize for impounding any cat or cats which he may lawfully seize and impound when such Officer is in immediate pursuit of such cat or cats, except upon the premises of the owner of the cat if the owner is present and forbids the same. (Ord. #90-46, § IV, 6-25-90)

 

8-6.5         Violations; Penalty. 

       Except as otherwise provided in this section, any person who violates, or who fails or refuses to comply with this section, shall be liable to a penalty, upon conviction, of twenty-five ($25.00) dollars for the first offense and fifty ($50.00) dollars for each and every subsequent offense thereafter. (Ord. #90-46, § V, 6-25-90)

 

 

8-7       LICENSING AND INOCULATION OF CATS.

 

8-7.1         Purpose. 

       It is an objective of this section to protect the public and animals from the spread of rabies to animals and humans since rabies is transmissible to humans and is fatal in all cases.

       It is an objective of this section to protect the public from animal related nuisances and threats to public health, safety, and welfare.

       It has been determined that these objectives can be fostered by assuring that animal owners meet responsibilities for the control and care of their cats.

(Ord. #90-47, preamble, 6-25-90)

 

8-7.2         Definitions. 

       As used in this section:

       Animal shall mean, for the purpose of this section, cat.

       Animal Control Authority shall mean any person or agency designated or certified by the State of New Jersey to enforce the provisions of this section.

       Cat shall mean any member of the domestic feline species; male, female, or altered.

       Cat of licensing age shall mean any cat which has attained the age of seven (7) months, or which possesses a set of permanent teeth.

       Cattery shall mean any room or group of rooms, cage, or exhibition pen, not part of a kennel, wherein cats for sale are kept or displayed.

       Licensing Authority shall mean the Department of Licensing, Vital Statistics, and Animal Control as charged with administering the issuance and/or revocation of permits and licenses under the provisions of this section.

       Neutered shall mean rendered permanently incapable of reproduction as certified by a licensed veterinarian.

       Owner shall mean and include every person having a right of property (or custody) in a cat and every person who has a cat in his/her keeping, or who harbors or maintains a cat or knowingly permits a cat to remain on or about any premises occupied by that person.

       Person shall mean any individual, corporation, partnership, organization, or institution commonly recognized by law as a unit.

       (Ord. #90-47, § I, 6-25-90)

 

8-7.3         Rabies Vaccination of Cats.

       a.     Vaccination and License Requirements.  No person shall own, keep, harbor, or maintain any cat over seven (7) months of age within the Township, unless the cat is vaccinated and licensed.  The provisions of this section do not apply to cats held in a cattery, or a veterinary establishment where cats are received or kept for diagnostic, medical, surgical, or other treatments, or licensed animal shelters, pounds, kennels, or pet shops.

       b.     Vaccination.  All cats shall be vaccinated against rabies by a licensed veterinarian in accordance with the latest "Compendium of Animal Rabies Vaccines and Recommendations for Immunization" published by the National Association of State Public Health Veterinarians, except as provided for in paragraph d. below.

       c.     Vaccination Certificate.  A certificate of vaccination shall be issued to the owner of each animal vaccinated, on a form recommended by the State.

       d.     Exemptions.  Any cat may be exempted from the requirements of such vaccination for a specified period of time by the Department of Licensing, Vital Statistics and Animal Control, upon presentation of a veterinarian's certificate stating that because of an infirmity or other physical condition, or regimen of therapy, the inoculation of such cat shall be deemed inadvisable.

(Ord. #90-47, § II, 6-25-90)

 

8-7.4         Licensing Requirements.

       a.     Display of License Number.  Any person who shall own, keep, or harbor a cat of licensing age shall annually apply for and procure from the Department of Licensing, Vital Statistics, and Animal Control, or other official designated by the Governing Body thereof to license cats in the municipality in which he/she resides, a license and official registration tag with license number, or a registration sleeve for each cat so owned, kept, or harbored, and shall place upon the cat a collar, or other device with the license number securely fastened or displayed thereto.  Acceptable methods of displaying license number shall include, but are not limited to, break-away or elastic collars.  License tags or sleeves are not transferable.

       b.     Time for Applying for License.  The owner of any newly acquired cat of licensing age, or of any cat which attains licensing age, shall make application for license tag or sleeve for the cat within ten (10) days after such acquisition or age attainment.  This requirement will not apply to a nonresident keeping a cat within the Township for no longer than thirty (30) days.

       c.     Cats Brought into Jurisdiction.

        1.      Any person who shall bring, or cause to be brought into the Township, any cat licensed in another State for the current year, and bearing registration tag or sleeve, and shall keep the same or permit the same to be kept with the Township for a period of more than thirty (30) days, shall immediately apply for a license and registration tag or sleeve for each such cat.

        2.      Any person who shall bring or cause to be brought into the Township any unlicensed cat, and shall keep same or permit same to be kept within the Township for a period of more than ten (10) days, shall immediately apply for a license and registration tag or sleeve for each such cat.

       d.     Application; Preservation of Information.  The application shall state the breed, sex, age, color, and markings of the cat for which license and registration are sought, and whether it is of a long or shorthaired variety; also the name, street, and post office address of the owner, and the person who shall keep or harbor the cat.  The information on the application and the registration number issued for the cat shall be preserved for a period of three (3) years by the Department of Licensing, Vital Statistics and Animal Control.

       e.     License Forms and Tags.  License forms and official tags or sleeves shall be furnished by the Township and shall be numbered serially, and shall bear the year of issuance and the name of the municipality.

       f.     Evidence of Inoculation; Requirement for License.  No Municipal Clerk or other official designated by the Governing Body of any municipality to license cats therein shall grant any such license and official registration tag or sleeve for any cat, unless the owner thereof provides evidence that the cat to be licensed and registered has been inoculated with a rabies vaccine of a type approved by and administered in accordance with the recommendations of the United States Department of Agriculture and the United States Department of Human Services, or has been certified exempt as provided by subsection 8-7.3.  The rabies inoculation shall be administered by a duly licensed veterinarian, or by such other veterinarian permitted by law to do the same.

       g.     License Fee Schedule. A person applying for the license and registration tag shall pay a total annual fee for each cat as follows:

               Neutered Cat               $22.20

               Unneutered Cat             25.20

       h.     Fees; Renewals; Expiration Date of License.

        1.      Licenses from another municipality shall be accepted.  The person applying for the license and registration tag and/or sleeve shall pay the fee fixed or authorized.  The fee for the renewal of license and registration tag or sleeve shall be the same as for the original, and the license, registration tag or sleeve and renewal thereof shall expire on July 31 annually.

        2.      Only one (1) license and registration tag or sleeve shall be required in the licensing year for any cat in the Township. Any valid New Jersey license tag or sleeve issued by a New Jersey municipality shall be accepted by the Township as evidence of compliance.

       i.      Loss of License.  If a license tag or sleeve has been misplaced or lost, the Department of Licensing, Vital Statistics and Animal Control may issue a duplicate license and/or registration sleeve for that particular cat at a fee of one ($1.00) dollar.

       j.      Proof of Licensing.  Proof of licensing shall be produced by any person owning, keeping, maintaining, or harboring a cat, upon the request of any health official, Police Officer, Animal Control Officer, or other authorized person.

(Ord. #90-47, § III, 6-25-90; Ord. #99-4, § 2, 1-25-99; Ord. #2007-9, 3-26-07)

 

8-7.5         Interfering with Persons Performing Duties. 

       No person shall hinder, molest, or interfere with anyone authorized or empowered to perform any duty under this section. (Ord. #90-47, § III, 6-25-90)

 

8-7.6         Disposition of Fees. 

       License fees and other moneys collected or received under the provisions of this section shall be forwarded to the Township Treasurer, and shall be placed in a special account separate from any of the other accounts of the Township, and shall be used for the following purposes only:  collecting, keeping, and disposing of cats liable to seizure; for local prevention and control of rabies; and administering the provisions of this section.  Any unexpected balance remaining in such special account shall be retained until the end of the third fiscal year following, and may be used for any of the purposes set forth in this section.  At the end of the third fiscal year following, and at the end of each fiscal year thereafter, there shall be transferred from such special account to the general funds of the Township any amount then in such account which is in excess of the total amount paid into the special account during the last two (2) fiscal years next preceding. (Ord. #90-47, § III, 6-25-90)

 

8-7.7         Violations.

       Except as otherwise provided in this section, any person who violates, or who fails or refuses to comply with this section, shall be liable, upon conviction, to a penalty of not less than twenty-five ($25.00) dollars nor more than fifty ($50.00) dollars for each offense, to be recovered by and in the name of the Township. (Ord. #90-47, § IV, 6-25-90)

 

 

8-8       KEEPING OF SHEEP, GOATS AND SWINE.

 

8-8.1         Certificate Required. 

       It shall be unlawful for any person to keep or stable any sheep, goats or swine within the limits of the Township without having first received from the Township Division of Health a certificate stating that the place where the sheep, goats or swine are kept is maintained, conducted and controlled in a clean and sanitary fashion and in such a manner, as in the judgment of the Division of Vital Statistics, as not to be offensive or menacing to the public health and welfare of the residents of the Township. (Ord. #71, § 1, 12-23-29; Ord. #134, § 1, 8-28-39)

 

8-8.2         Application. 

       Any person maintaining, controlling or operating a place or proposing to maintain, control or operate a place within the Township where sheep, goats or swine are kept shall apply in writing to the Township Department of Vital Statistics for an inspection of the place and the issuance of a certificate as is referred to in subsection 9-5.1.  (Ord. #71, § 2, 12-23-29)

 

8-8.3         Fee. 

       The annual license fee to be paid by the applicant for a certificate and renewals thereof shall be the sum of one ($1.00) dollar for ten (10) or less animals and in all other cases the sum of five ($5.00) dollars. (Ord. #71, § 2, 12-23-29)

 

8-8.4         Inspection; Issuance. 

       It shall be the duty of the Department of Vital Statistics, through its members, officers or agents for that purpose, to make an inspection of the place where sheep, goats or swine are kept and upon being satisfied that the applicant is entitled thereto, the Department of Vital Statistics shall issue its certificate signed by its proper officer.  The certificate shall also be and constitute a license for the place in which sheep, goats or swine are kept. (Ord. #71, § 2, 12-23-29)

 

8-8.5         Renewal of License. 

       All certificates and licenses shall be renewable from year to year, provided subsequent inspections of the place by the Division of Health, its members, officers or agents, shall disclose that the place in which sheep, goats or swine are kept is in a clean and sanitary fashion and in such a manner, as in the judgment of the Division of Health, as not to be offensive or menacing to the public health and welfare of the residents of the Township. (Ord. #71, § 2, 12-23-29)

 

8-8.6         Revocation.

        Any license granted or certificate issued under the provisions of this section may be revoked by the Department of Vital Statistics at any time during the year for which the same was issued upon notice to the holder of the license and certificate that the place so maintained, controlled and operated by him for the keeping of sheep, goats or swine is not being kept in a clean and sanitary fashion and in such a manner, as in the judgment of the Department of Vital Statistics as not to be offensive or menacing to the public health and welfare of the residents of the Township, and when, after hearing, the Division of Vital Statistics shall determine such to be the fact.  The holder of the license and certificate shall be entitled to notice of the time and place of the hearing and shall be further entitled to be heard thereat. (Ord. #71, § 3, 12-23-29)

 

8-8.7         Distance from Dwellings. 

       It shall be unlawful for any person to keep or stable any sheep, goats or swine within the distance of three hundred (300') feet of any dwelling house now in existence or to be constructed hereafter within the limits of the Township, and within three hundred (300') feet of any existing dwelling house or any dwelling house to be constructed on what is commonly known as "a farm" within the limits of the Township; and the Division of Health shall not issue a certificate as provided for in subsection 9-5.1 for any such place. (Ord. #134, § 1, 8-28-39)

 

8-8.8         Penalty. 

       Any violation of this section shall subject the person guilty of such violation, upon conviction, to a fine of not less than ten ($10.00) dollars nor more than fifty ($50.00) dollars for the first offense and to a fine of not less than twenty-five ($25.00) dollars nor more than one hundred ($100.00) dollars for any second or subsequent offense. (Ord. #71, § 4, 12-23-29)

 

CHAPTER VIII ANIMAL CONTROL*
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