Township of Franklin, NJ
Warren County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Franklin 10-17-1952. Amendments noted where applicable.]

§ 63-1 Definitions.

[Amended 12-28-1981 by Ord. No. 81-10]
A. 
As used in this chapter, the following terms shall have the meanings indicated:
DOG
Any dog, bitch or spayed bitch.
DOG OF LICENSING AGE
Any dog which has attained the age of seven months or which possesses a set of permanent teeth.
KENNEL
Any establishment wherein or whereon the business of boarding or selling dogs or breeding dogs for sale is carried on, except a pet shop.
OWNER
When applied to the proprietorship of a dog, every person having a right of property in such dog and every person who has such dog in his keeping.
PET SHOP
Any room or group of rooms, cage or exhibition pen, not part of a kennel, wherein dogs for sale are kept and displayed.
POUND
An establishment for the confinement of dogs seized either under the provisions of this chapter or otherwise.
SHELTER
Any establishment where dogs are received, housed and distributed.
[Amended 7-26-1983 by Ord. No. 83-6]
B. 
Word usage.
(1) 
The words "and" or "or" may be used interchangeably, and either of the two may be applicable, whichever is more conducive towards the effectuating of this chapter.
(2) 
Personal pronouns shall mean either the singular or the plural, whichever is applicable and conducive towards the effectuating of this chapter.
(3) 
The masculine, feminine or neuter gender shall all be implied, whichever is appropriate and conducive for the effectuating of this chapter.

§ 63-2 License required.

[Amended 7-26-1983 by Ord. No. 83-6]
Any person who shall own, keep or harbor a dog of licensing age, as defined herein, shall annually, as hereinafter provided in § 63-4, apply for and procure from the dog licensing official, as designated by the governing body to license dogs in the municipality, 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. No person shall keep or harbor any dog except in compliance with the provisions of this chapter.

§ 63-3 lnnoculation requirements.

[Added 7-26-1983 by Ord. No. 83-6]
The dog licensing official, as designated by the governing body to license dogs within the Township of Franklin, will not grant any such license and official metal registration tag for any dog unless the owner thereof provides evidence that the dog to be licensed and registered has been innoculated 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 Health, Education and Welfare, or has been certified exempt as provided by regulations of the State Department of Health, and administered by a duly licensed veterinarian or by such other veterinarian permitted by law to do the same.

§ 63-4 License fees.

[Amended 12-26-1966; 12-8-1969; 1-20-1975; 12-28-1981 by Ord. No. 81-10; 7-26-1983 by Ord. No. 83-6]
A. 
Any person or persons applying for the license and registration tag shall pay a fee of $6.80 for each dog so licensed and registered, together with the sum of $1 for the registration tag and, in addition thereto, a fee of $0.20 for the Pilot Clinic Fund. For each additional renewal thereafter, the fee for the license and registration tag shall be the same as for the original license and registration tag, unless hereinafter amended. Said license and registration tag shall expire on the 31st day of January of each year, when the same shall be renewed.
[Amended 11-11-1991 by Ord. No. 91-10; 12-11-2000 by Ord. No. 2000-19; 5-7-2007 by Ord. No. 2007-12]
B. 
In addition to the fee charged as hereinabove provided, any person or persons applying for a license and registration tag shall further pay a fee of $3 for any dog of reproductive age which has not had its reproductive capacity permanently altered through sterilization. The proof required to be exempt from the fee of $3 shall be a certificate of sterilization from a licensed veterinarian or a duly certified statement of the owner of the dog sought to be exempt from the same.

§ 63-5 Exemption from fees.

[Added 12-28-1981 by Ord. No. 81-10]
Dogs used as guides for blind persons and commonly known as "Seeing Eye" dogs, or dogs used to assist deaf persons and commonly known as "hearing ear" 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 therefor.

§ 63-6 Delinquent fees.

[Added 7-26-1983 by Ord. No. 83-6; 5-7-2007 by Ord. No. 2007-12]
Any dog owners of persons keeping or harboring any dog found not to have a license by the Township licensing or canvassing official or other municipal official appointed therefor, after February 1 of the year for which such dog should have been licensed pursuant to this chapter, shall be required to pay an additional fee of $1 per month as a delinquent penalty for failure to obtain a dog license as required on or before January 31 until May 31, penalty then to be assessed at $10 per each purchase, together with any fines imposed upon conviction for any violation of this chapter. This delinquent licensing fee shall not be applicable to dogs acquired by owners after January 31 of said year, but said dogs so obtained after said date shall be licensed and registered in compliance with §§ 63-9 and 63-10 hereinafter set forth.

§ 63-7 Issuance of licenses restricted to adults.

[Added 7-26-1983 by Ord. No. 83-6]
No license to own, keep or harbor a dog shall be issued to or in the name of any person under the age of 18 years.

§ 63-8 Application form; information and contents.

[Added 7-26-1983 by Ord. No. 83-6]
The application for dog registration shall state the breed, sex, age, color and markings of the dog for which license and registration is sought and whether it is of a long- or short-haired variety; and also the name, street and post office address of the owner and the person who shall keep or harbor such dog. The information on said application and the registration number issued for the dog shall be preserved for a period of three years by the licensing official or other official designated to maintain the same in the municipality. In addition, said licensing official shall forward to the State Department of Health each month, or in accordance with state statutes or regulations or as otherwise permitted, on forms furnished by the State Department, an accurate account of registration numbers issued or otherwise disposed of. Registration numbers shall be issued in the order of the applications.

§ 63-9 Time limit for licensing new dogs.

[Added 7-26-1983 by Ord. No. 83-6]
The owner of a newly acquired dog of licensing age or of any dog which attains licensing age subsequent to January 31 of any year shall make application for a license and registration tag for such dog within 10 days after such acquisition or age attainment.

§ 63-10 Dogs brought into state.

[Added 7-26-1983 by Ord. No. 83-6]
A. 
Any person who shall bring or cause to be brought into this state a dog licensed in another state for the current year and bearing a registration tag and shall keep the same or permit the same to be kept within the state for a period of more than 90 days shall immediately apply for a license and registration tag for such dog, unless such dog shall be licensed under § 63-12.
B. 
Any person who shall bring or cause to be brought into this state any unlicensed dog and shall keep the same or permit the same to be kept within the state for a period of more than 10 days shall immediately apply for a license and registration tag for each dog unless such dog is licensed under § 63-12.

§ 63-11 Unauthorized removal or transfer of tags.

[Added 7-26-1983 by Ord. No. 83-6]
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 tag or transfer tags between dogs and attach said tag to a dog for which it was not issued.

§ 63-12 Licensing of kennels, pet shops, shelters or pounds.

A. 
License required. Any person who keeps or operates or proposes to establish a kennel, a pet shop, a shelter or a pound shall apply to the dog licensing official of the Township for a license entitling him to keep or operate such establishment. Any person holding such license shall not be required to secure individual licenses for dogs owned by such licensee and kept at such establishments. Such licenses shall not be transferable to another owner or different premises.
B. 
License fees. The annual license fee for a kennel providing accommodations for 10 or fewer dogs shall be $10, and for more than 10 dogs, $25. The annual license fee for a pet shop shall be $10. No fee shall be charged for a shelter or pound.
C. 
Issuance and expiration of licenses for kennels, pet shops, shelters or pounds. All licenses issued to a kennel, pet shop, shelter or pound shall state the purpose for which the establishment is maintained, and all such licenses shall expire on the last day of June of each year and be subject to revocation by the municipality on recommendation of the State Department of Health or local Board of Health for failure to comply with the rules and regulations of the State Department of Health or local Board of Health governing the same, after the owner has been afforded a hearing by either the State Department of Health or local Board of Health.
[Added 7-26-1983 by Ord. No. 83-6; amended 9-28-1987 by Ord. No. 87-9]
D. 
Applications and contents. The application shall describe the premises where the establishment is located or proposed to be located and the purpose or purposes for which it is to be maintained and shall be accompanied by the written approval of the Municipal Zoning Officer and Health Officer or health authorities showing compliance with local and state rules and regulations governing the location of and sanitation at such establishments.
[Added 7-26-1983 by Ord. No. 83-6]
E. 
Regulations of kennels, pet shops, shelters and pounds. All kennels, pet shops, shelters and pounds shall be run in accordance with the rules and regulations of the New Jersey State Department of Health governing the sanitary conduct and operation of kennels, pet shops, shelters and pounds to preserve the sanitation therein and prevent the spread of rabies and other diseases of dogs within and from such establishments. Such rules and regulations shall be enforced by the State Department of Health and by local Boards of Health and are adopted by reference herein. No dog kept in a kennel, pet shop, shelter or pound shall be permitted off such premises, except on leash or in a crate or other safe control.
[Added 7-26-1983 by Ord. No. 83-6]

§ 63-13 Barking or crying.

A. 
No person shall keep, harbor or maintain any dog which habitually barks or cries between the hours of 10:00 p.m. and 6:00 a.m.
B. 
No person shall keep, harbor or maintain any dog which because of loud, disturbing, continuous or repetitious barking, crying or whining, disturbs the health, comfort, sleeping or peace of human beings at any time or unduly annoys the neighborhood and constitutes a nuisance thereto.
[Added 6-7-2004 by Ord. No. 2004-6]
C. 
In addition to removal authority provided to the Dog Warden in § 63-17, any person who violates this section shall be liable to pay a penalty of not less than $50 nor more than $100 for each offense. Each day shall be considered a separate offense for purpose of Subsection A.
[Added 6-7-2004 by Ord. No. 2004-6]

§ 63-14 Running at large.

[Amended 6-29-1987 by Ord. No. 87-8]
A. 
No person owning, keeping or harboring any dog shall suffer or permit it to run at large upon any public street, roads, highways, lanes or alleys or in any public park or in any public building or in any other public place within the Township of Franklin, County of Warren.
B. 
No dogs shall be allowed off the premises of the owner without being leashed.

§ 63-14.1 Limitation on number of dogs.

[Added 6-29-1987 by Ord. No. 87-8]
No person or household shall own or harbor or keep any number of dogs in excess of three on any one property within the Township of Franklin. Any person who exceeds said limit on any one property may do so only with the procurement of a kennel license pursuant to § 63-12, except as classified under the following provisions, but subject to all other provisions of this chapter:
A. 
A person whose livelihood is the pursuit of agricultural or horticultural endeavors or who owns or resides on a tract of land exceeding five acres, being farm land assessment qualified, shall be exempt from said provision and shall be entitled to keep a maximum number of six dogs on his or her farm premises.
B. 
Any person not in the regular business or pursuit of breeding dogs shall be exempt from said provision in having their dog or dogs produce a litter, provided that said litter which would bring them into violation of the within provision is sold within a period of six months, unless extended for a valid reason or hardship. A person whose dog or dogs produce a litter or litters on an annual basis shall be presumed to be in the business for breeding purposes and would be subject to the provisions of obtaining a kennel license as provided in this chapter.

§ 63-15 Vicious dogs.

Any dog which has attacked or bitten any human being or which habitually attacks other dogs or domestic animals is hereby defined to be a "vicious dog." No dog which has been so determined to be a vicious dog shall be permitted to be upon any street or public place in the Township of Franklin.

§ 63-16 Duties of dog licensing official.

[Added 7-26-1983 by Ord. No. 83-6]
A. 
Dog canvass. The person appointed as dog licensing official by the governing body shall annually cause a canvass to be made of all dogs owned, kept or harbored within the limits of the respective municipality and shall report, on or before September 1 of each year, to the local Board of Health and the State Department of Health the result thereof, setting forth in separate columns the names and addresses of persons owning, keeping or harboring unlicensed dogs and the number of unlicensed dogs owned, kept or harbored by each of said persons, together with a complete description of each of said unlicensed dogs.
B. 
Fee collections and reports. The dog licensing official designated to license dogs in the municipality shall collect the fees for all licenses, registrations and renewals as herein provided, shall properly keep the records by way of applications and shall complete all reports in regard thereto to the State and County Department of Health, as required by this chapter or any other state law.
C. 
List of licensed kennels, pet shops, shelters and pounds. The dog licensing official to be designated to license dogs in the municipality shall forward to the State Department of Health a list of all kennels, pet shops, shelters and pounds licensed within 30 days after the licenses therefor are issued, which list shall include the name and address of the licensee and the kind of license issued.
D. 
Disposition of fees collected.
(1) 
License fees or other moneys collected or received under the provisions of §§ 63-4, 63-6 and 63-12 of this chapter, except registration tag fees and fees collected for the purpose of the animal population control fund ($3) and the pilot clinic fund ($0.20) under § 63-4, shall be forwarded to the Treasurer of the municipality or deposited in the dog account by said official within 30 days after collection or receipt, which special account shall be separate from any and all other accounts of the municipality and shall be used for the purposes provided in N.J.S.A. 4:19-15.11 adopted hereby by reference. Any unexpended balance remaining in such special account shall be retained therein until the end of the third fiscal year following and may be used for any other purpose set forth in this subsection and thence transferred in accordance with N.J.S.A. 4:19-15.11 adopted hereby by reference.
(2) 
The registration tag fee for each dog in the sum of $1, together with the additional fees as provided in § 63-4, shall be forwarded to the proper state agency within the State Department of Health within 30 days after collection or as otherwise provided according to state statute and regulation by the dog licensing official, together with the additional fees as herein provided for the funding of the pilot clinic fund under § 63-4 and the animal population control under § 63-4, which shall be so forwarded within 30 days to the separate accounts so established with the State Treasurer.

§ 63-17 Dog Warden; control of dogs.

[Added 7-26-1983 by Ord. No. 83-6]
A. 
There shall be appointed by the municipality a person to act as Dog Warden, whose duties shall be as hereinafter set forth in this section, which duties shall specifically not include the licensing or canvassing of dogs.
B. 
The Municipal Dog Warden or any other person appointed for said purpose by the governing body of the municipality may take into custody and impound or cause to be taken into custody and impounded dogs under the following provisions:
[Amended 6-7-2004 by Ord. No. 2004-6]
(1) 
Any dog running at large in the municipality.
(2) 
Any dog off the premises of the owner or of the person keeping or harboring said dog which said official or his agent or agents have reason to believe is a stray dog.
(3) 
Any dog off the premises of the owner or of the person keeping or harboring said dog without a current registration tag on his collar.
(4) 
Any female dog in season off the premises of the owner or the person keeping or harboring said dog.
(5) 
Any dog with fierce, dangerous or vicious propensity or noticeably affected with rabies or which has been bitten by a dog or has bitten a person and is suspected of having rabies.
(6) 
Any dog off the premises of the owner or of the person keeping or harboring said dog, which dog is not controlled by a leash or chain as provided in this chapter.
(7) 
Any dog which, because of loud, disturbing, continuous or repetitious barking, crying or whining, disturbs the health, comfort, sleeping or peace of human beings at any time or unduly annoys the neighborhood and constitutes a nuisance thereto in violation of the provisions of § 63-13.[1]
[1]
Editor's Note: Former Subsection C, pertaining to disposition, destruction, notice and penalty, which immediately followed this subsection, was repealed 6-7-2004 by Ord. No. 2004-6.

§ 63-18 Violations and penalties.

[Amended 7-26-1983 by Ord. No. 83-6]
A. 
Jurisdiction of proceedings. The County District Court and Municipal Court shall have jurisdiction hereunder to determine, in a summary manner, proceedings for violations of any of the provisions of this chapter. Penalties for such violations shall be enforced and recovered pursuant to the Penalty Enforcement Law (N.J.S.A. 2A:58-1 et seq.) at the suit of the Director of Health of the State of New Jersey or the local Board of Health or the municipality. Process shall be either in the nature of a summons or warrant.
B. 
Penalty for violation of chapter. Except as otherwise provided in this chapter, any person who violates or who fails or refuses to comply with §§ 63-2, 63-9, 63-10, 63-11 and 63-12A and E of this chapter or the rules and regulations promulgated by the State Department of Health pursuant to N.J.S.A. 4:19-15.14 shall be liable to a penalty of not less than $50 nor more than $100 for each offense, to be recovered by and in the name of the Director of Health of the State of New Jersey or by and in the name of the local Board of Health of the municipality or by and in the name of the municipality, as the case may be, except that, for the first offense in cases of violation of §§ 63-2, 63-9 and 63-10 of this chapter, the penalty should be not less than $50 nor more than $100, to be recovered in the same manner.
[Amended 6-7-2004 by Ord. No. 2004-6]
C. 
Disposition of penalty and refusal to pay.
(1) 
Any penalty recovered in an action brought under the provisions of this chapter shall be paid to the plaintiff therein. When the plaintiff is the local Board of Health, the penalty shall be paid by said local Board of Health into the treasury of the municipality.
(2) 
If the defendant refuses to pay forthwith the amount of the judgment rendered against him and the costs and charges incident thereto, he may be committed to the County jail for a period not exceeding 10 days in the case of a first conviction. If the defendant refuses to pay in the conviction for a second, subsequent or contained violation, the defendant may be confined for a period not to exceed 30 days.

§ 63-19 Dogs on playing fields; penalty.

[Added 7-9-2001 by Ord. No. 2001-7]
All dogs attending any authorized function sponsored by the Township of Franklin on playing fields owned by of the Township of Franklin must be leashed and 30 feet from the players bench. Penalty for same shall be $100 per violation.

§ 63-20 Curbing of dogs.

[Added 9-8-2014 by Ord. No. 2014-6]
A. 
Any person in the custody or control of a dog shall remove and dispose in sanitary fashion any feces deposited by a dog on any public property, street or sidewalk. The owner or keeper of a disability assistance animal shall be exempt from this provision.
B. 
The penalty for violating this section shall be not less than $50 nor more than $100 for each offense.