Township of Mansfield, NJ
Burlington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Mansfield 10-24-2007 by Ord. No. 2007-27.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 6.
[1]
Editor's Note: This ordinance also repealed former Ch. 16, Dogs, adopted 6-7-1965, as amended.

§ 16-1 Definitions.

For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number, the word "shall" is always mandatory and not merely directory.
ANIMAL
Any dog or cat, for the purpose of this chapter.
ANIMAL CONTROL AUTHORITY
Any person or agency designated or certified by the State of New Jersey to enforce the provisions of this chapter.
ANIMAL CONTROL OFFICER
A certified municipal animal control officer or, in the absence of such an officer, the chief law enforcement officer of the municipality or his designee.
CAT
Any member of the domestic feline species, or any hybrid, male, female or altered. "Cat" is a member of the animal species Felis catus.
CATTERY
Any establishment wherein or whereon the business of boarding or selling cats or breeding cats for sale is carried on, except a pet shop or veterinarian's office, and shall include any establishment wherein there is carried on the business or practice of boarding, grooming, selling or breeding cats or where cats are kept or maintained for any commercial purpose whatever, except pet shops as herein mentioned, or where four or more cats of licensing age are kept or maintained for any reason in any one place or establishment.
DEPARTMENT
The New Jersey State Department of Health.
DOG
Any member of the domestic canine species, or any hybrid, male, female or altered. "Dog" is a member of the animal species Canis lupus familiaris.
DOMESTIC ANIMAL
Any cat, dog, livestock other than poultry, or any mammal within the borders of the Township of Mansfield which is owned, kept or harbored by a resident of the Township of Mansfield as a pet or for nonagricultural purposes. (For further definitions of "cat," "dog" and "livestock," see § 65-7 of the Township Code.)
ENABLING STATUTE
Refers to N.J.S.A. 4:19-17 et seq. and all amendments thereof and the supplements thereto.
FEED
To give, place, expose, deposit, distribute or scatter any edible material with the intention of feeding, attracting or enticing a cat or dog.
IMMEDIATE
The pet solid waste is removed at once, without delay.
KENNEL
Any commercial establishment, practice or business wherein or whereon the keeping of more than four small animals that are more than six months old for housing, grooming, breeding, training, sale or boarding is carried on, except a pet shop or veterinarian's office, and shall include any establishment wherein there is carried on the business or practice of housing, boarding, grooming, training, selling or breeding dogs or where dogs are kept or maintained for any commercial purpose whatever, except pet shops as herein mentioned, or where four or more dogs of licensing age are kept or maintained for any reason in any one place or establishment. Such commercial kennels shall be permitted only in the C-2 Highway Commercial District.
LEASHED
Restrained by a leash no greater than six feet in length, attached to a collar or harness of sufficient strength to restrain the dog or cat and which shall be held by a person having the ability to control the animal at hand.
LICENSING AUTHORITY
The agency or department of the Township of Mansfield or any designated representative thereof charged with administering the issuance and/or revocation of permits and licenses under the provisions of this chapter.
NEUTERED
Rendered permanently incapable of reproduction as certified by a licensed veterinarian.
OWNER/KEEPER
When applied to the ownership of a domestic animal, it shall include every person having a right of property (or custody) in such domestic animal and every person who has such domestic animal in his/her keeping, or who harbors, possesses, houses or maintains an animal or knowingly permits an animal to remain on or about any premises occupied by that person, or anyone who takes a dog or cat out into the public streets, sidewalks or public ways. Also, a person shall be deemed to have an animal in his keeping or under his control whenever the ownership or custody of such animal is an unemancipated infant or other member of his/her household.
OWNER'S PREMISES
Includes the building or plot of land on which said building stands in which the owner of an animal has a place of abode or place of business in the Township.
PERSON
A natural person, individual, company, association, corporation, firm, partnership, trust or other legal entity organization or institution commonly recognized by the law as a unit; or political subdivision of this state subject to municipal jurisdiction.
PET
A domesticated animal, either a cat or dog (other than a disability assistance animal) kept for amusement or companionship.
PET OF LICENSING AGE
Any pet which has obtained the age of seven months or which possesses a set of permanent teeth.
PET SHOP
Any room or group of rooms, cage or exhibition pen, not part of a kennel, wherein dogs and cats for sale are kept or displayed.
PET SOLID WASTE
Waste matter expelled from the bowels of the pet; excrement.
POTENTIALLY DANGEROUS DOG
Any dog or dog hybrid declared potentially dangerous by a municipal court pursuant to P.L. 1989, c. 307 (N.J.S.A. 4:19-23).
POUND
Any establishment for the confinement of dogs or cats seized under the provisions of this chapter or otherwise.
PROPER DISPOSAL
Placement in a designated waste receptacle, or other suitable container, and discarded in a refuse container which is regularly emptied by the municipality or some other refuse collector; or disposal into a system designed to convey domestic sewage for proper treatment and disposal.
PROPERTY
A lot, parcel, or tract of land together with the building and structures located thereon.
SHELTER
Any establishment where dogs and cats are received, kept or housed without charge.
STRAY ANIMAL
A dog or cat having no known owner or custodian or no known place of care and shelter.
VICIOUS DOG OR CAT
Any dog, cat, or hybrid of either which has attacked or bitten or attempted to attack or bite without provocation any human being or other dog or cat or other domestic animal; or which has caused any human being engaged in a lawful activity or occupancy to be fearful for his own safety by chasing or snapping at such person without provocation; or unreasonably impedes, interferes with, or disrupts pedestrian traffic on any public sidewalk or area, either while upon or off the premises occupied by the person owning, keeping, harboring or having the custody or possession of the attacking animal by barking, growling, or other display of aggressive behavior towards a human being, other dog or cat, or any other domestic animal, or which destroys property; as set forth in N.J.S.A. 4:19-18; or any dog or dog hybrid declared vicious by a municipal court pursuant to P.L. 1989, c. 307 (N.J.S.A. 4:19-22).

§ 16-2 Ownership.

Every person who harbors, possesses, feeds or maintains any cat or dog for more than 10 days shall be deemed, for the purposes of this chapter, to be the owner of said animal so harbored, possessed, fed or maintained.

§ 16-3 Number of cats and dogs permitted per household.

Except as expressly provided otherwise herein, no individual other than catteries, kennels, pet shops, shelters or pounds shall own, keep, maintain or harbor at any one time a combination of more than four cats and/or dogs of licensing age in the Township of Mansfield. All persons having harbored or controlled more than the maximum number of cats and dogs permitted under this provision, on or before November 13, 2002 (Ord. 2002-29), shall be permitted to keep said animals, with license, but these cats and dogs, after death, disposal or other attrition, shall not be replaced without compliance with all the provisions of this chapter. To this extent, any individual previously exempt under this amendment other than a kennel, cattery, pet shop, shelter or pound will not be issued a license and registration tag for any number of pets in excess of four pets when the same excess number of licenses is set to renew on an annual basis.

§ 16-4 Time limit for licensing and registration.

The owner of any newly acquired pet of licensing age or of any pet which attains licensing age shall make applications for and procure a license and registration tag for such dog within 10 days after acquisition or age attainment. A "pet of licensing age" shall be any pet which has attained the age of six months or which possesses a set of permanent teeth, whichever is sooner. There shall be no adjustment of the license or registration fee for licenses or registration tags issued and valid for a fractional portion of the license year.

§ 16-5 Licensing requirements.

Notes
Dog and Cat License Appliation
Created: 2016-09-26
Click for Form
A. 
Display. Any person who shall own, keep or harbor a cat or dog of licensing age in the Township of Mansfield shall, in the month of March each year, apply for and procure from the Township Clerk, or other official designated by the governing body thereof to license pets in the municipality, a license and official registration tag with license number for each cat or dog so owned, kept, maintained or harbored and shall place upon such pet a collar or other device with the license number securely fastened or displayed thereto. Acceptable methods of displaying license numbers shall include but not be limited to breakaway or elastic collars. In lieu of use of a collar or other device as aforementioned, the license number and other pertinent information shall be tattooed in the pet's ear at the expense of the owner, keeper or harborer of such pet. Any dog or cat not displaying a current license number shall be considered to be a stray animal and shall be subject to being taken into custody of the Township by its agents and impounded at the Burlington County Animal Shelter or such other designated shelter for disposition in accordance with the shelter's policies and procedures.
B. 
License forms and tags. License forms and official tags shall be furnished by the municipality and shall be numbered serially and shall bear the year of issuance and the name of the municipality.
C. 
The owner of any newly acquired cat or dog of licensing age or any person who shall bring or cause to be brought into the Township of Mansfield any unlicensed cat or dog, and who shall keep the same or permit the same to be kept within the Township of Mansfield for a period of more than 10 days, shall immediately apply for a license and registration tag for each such cat or dog after such acquisition or age attainment.
D. 
Pets brought into jurisdiction.
(1) 
Any person who shall bring a pet into this Township from another state shall apply for a license and registration tag for said pet within 90 days after it is brought into this Township if it is registered in such other state and within 10 days if it is not registered in such other state.
(2) 
Only one license and registration tag shall be required in the licensing year for any pet in the Township of Mansfield, and a valid license from another New Jersey municipality shall be accepted as evidence of compliance. Such licenses shall expire on the last day of February each year.
E. 
Application; contents; preservation of information. The application shall state the breed, sex, age, color and markings of the dog or cat for which the license and registration are sought and whether it is of a long- or short-hair variety; also the name, street address and post office address of the owner and the person who shall keep or harbor such animal. The information on said application and the registration that was issued for the animal shall be preserved for a period of three years by the Township Clerk or other local official designated to license pets in the municipality.
F. 
Evidence of inoculation with rabies vaccine or certification of exemption; requirement for license. No Municipal Clerk or other official designated by the governing body of any such municipality to license animals therein shall grant any such license and official registration tag or sleeve for any dog or cat unless the owner thereof provides evidence that the animal to be licensed and registered has been inoculated with the rabies vaccine of a type approved by and administered in accordance with the recommendations of the United States Department of Agriculture or has been certified exempt as provided by § 16-8D (rabies vaccination) herein. The rabies inoculation shall be administered by a duly licensed veterinarian or such other veterinarian permitted by law to do the same.
G. 
Proof of licensing. Proof of licensing shall be produced by a person owning, keeping, maintaining or harboring a pet upon the request of any health official, police officer, animal control officer or other authorized person.
H. 
Failure to tag or tagging unlicensed pet prohibited. All licenses and tags are nontransferable. No person shall own a pet without such license tag or shall keep or allow an unlicensed pet to wear such metal tag.
I. 
Removal of tags restricted. No person except an officer in the performance of his duty shall remove or cause to be removed a registration tag from the collar of any pet without the consent of the owner, harborer, keeper or person maintaining same, nor shall any person attach or cause to be attached a registration tag to an animal for which it has not been issued.
J. 
Loss of license. If a license tag has been misplaced or lost, the Township Clerk may issue a duplicate license for that particular pet for a fee of $2.

§ 16-6 Application and fee; late fees and penalties; exempt animals; demise of licensed pets; licensing potentially dangerous dog.

A. 
Application and fee. Dog and cat licenses, registration tags and renewals shall expire on the last day of February each year. Individuals applying for the license and registration tag shall pay the sum of $9.80 for the license and the sum of $1.20 for the state registration and pilot clinic fee for each pet for each annual renewal. The state-imposed population control fee of $3 for nonneutered or nonspayed dogs or cats must be added, if applicable, to the total amount of the license fee when renewing or obtaining a new license. Said application and fees are effective as of January 1, 2008.
B. 
Late fees and penalties. In addition to the regular licensing fee, any person applying for a license on or after April 1 in any year for any cat or dog which was required to be licensed and registered under the provisions of this chapter and could have been licensed and registered during the month of March of the licensed year shall pay an additional late fee in the amount of $15 per month for each month the license is late. If by June 1 of said year any person shall still have failed to obtain a pet license as provided within this chapter, then a complaint will be made against such person in the Municipal Court, with the fine to be a minimum of $100, together with costs.
C. 
Exempt animals. Dogs used as Seeing Eye, Hearing Ear and service dogs to the handicapped shall be licensed and registered as other dogs hereinbefore provided for, except that the owner or keeper thereof shall be exempt from fees. Police and military dogs on active duty in the State of New Jersey and not retired, where the owner or keeper of such dog is a resident of Mansfield Township, shall be licensed and registered as other dogs, except that the owner or keeper of such dog shall not be required to pay any license fee.
D. 
Demise of licensed pets. For recording purposes, the owner of any properly licensed and registered dog or cats shall, upon the death of his or her pet, notify the Township Board of Health of the event and date of the pet's passing as well as the manner in which the pet was laid to rest.
E. 
Licensing potentially dangerous dog. Notwithstanding the licensing and registration provisions contained in Subsection A, the fee for issuing a special license for a potentially dangerous dog pursuant to § 16-14 hereof shall be $700 for said license, for each dog and for each annual renewal, and said licenses, registration tags and renewals thereof shall expire on the last day of March of each year. Notwithstanding any other provisions of this chapter, all fines and fees collected or received by the municipality pursuant to N.J.S.A. 4:19-29 through 4:19-31 of the enabling statute shall be deposited in a special account and used by the municipality to administer and enforce the provisions of said statute.

§ 16-7 Disposition of fees collected.

License fees and other moneys collected or received under the provisions of this chapter shall be forwarded to the Treasurer of the Township of Mansfield 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: for the collecting, keeping and disposing of pets liable to seizure, for local prevention and control of rabies, for providing anti-rabies treatments under the direction of the Local Board of Health for any person known or suspected to have been exposed to rabies, and for administrating the provisions of this chapter. 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 said 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 fiscal years preceding.

§ 16-8 Rabies vaccination required.

A. 
No person shall own, keep, harbor or maintain any animal over six months of age within the Township of Mansfield unless such animal is vaccinated and licensed. The provisions of this section do not apply to dogs or cats held in a kennel or cattery or those held by a state or federally licensed research facility or a veterinary establishment where animals are received or kept for diagnostic, medical, surgical or other treatments or to licensed animal shelters, pounds, kennels or pet shops.
B. 
Vaccination. All pets 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 Subsection D.
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 pet may be exempted from the requirements of such vaccination for a specified period of time by the Local Board of Health, upon presentation of a veterinarian's certificate stating that, because of the infirmity or other physical condition or regimen of therapy, the inoculation of such animal shall be deemed inadvisable.

§ 16-9 License fee for catteries, kennels, pet shops and shelters.

[Amended 9-23-2009 by Ord. No. 2009-15]
A. 
The annual license fee for catteries and kennels, where provided by the Township Zoning Ordinance, shall be as follows:
(1) 
For a cattery or kennel providing accommodations for 10 or fewer animals: $10.
(2) 
For a cattery or kennel providing accommodations for more than 10 animals: $25.
B. 
The annual license fee for a pet shop, shelter or pound shall be $25.

§ 16-10 Canvass.

Commencing on April 2, 2004, and biannually thereafter, a canvas shall be made of all pets owned, kept or harbored in the Township in accordance with Section 15 of Chapter 151 of the Laws of 1941, as amended, N.J.S.A. 4:19-15.1 et seq.

§ 16-11 Seizure and impounding.

It shall be the duty of the members of the Police Department and the Animal Control Officer appointed by the Township Committee to take into custody and impound or cause to be taken into custody and impounded at a suitable place determined by the Township any dog or cat; and said dog or cat may be thereafter destroyed or disposed of as provided for in this chapter. The animal's owner will be responsible for any and all charges associated with services provided by the Animal Control Officer.
A. 
Any dog or cat off the premises of the person owning, keeping, possessing or harboring said animal which such officials or their agents have reason to believe is a stray dog or cat.
B. 
Any dog or cat off the premises of the person owning, keeping, possessing or harboring said animal without a current registration tag on its collar or harness.
C. 
Any female dog or cat in season off the premises of the person owning, keeping, possessing or harboring said animal.
D. 
Any dog or cat, whether licensed or not, that is found running at large upon any public street or other public place at any time or that shall be found at any time doing any of the other things prohibited in this chapter and which the person owning, keeping, possessing or harboring said animal is required by this chapter to prevent.
E. 
Any dog or cat or other animal which is suspected to be rabid.

§ 16-12 Notice to owner of impounded dog or cat.

If any pet so seized wears a collar or harness having inscribed thereon or attached thereto the name and address of any person or a registration tag or the owner or the person owning or the person keeping or harboring said dog or cat is known, the Chief of Police or certified Animal Control Officer or any person authorized by him in that behalf shall forthwith serve on the person whose address is given on the collar or harness or on the owner or person keeping or harboring said animal, if known, a notice, in writing, stating that the animal has been seized and will be liable to be offered for adoption or destroyed if not claimed within seven days after the service of the notice. A notice under this section may be served either by delivering it to the person on whom it is to be served or by leaving it at such person's usual or last-known place of abode or at the address shown on the collar or harness or by forwarding it, by mail, in a prepaid letter addressed to such person at his usual or last place of abode or to the address shown on the collar or harness.

§ 16-13 Disposition of unclaimed animals; adoption; experimentation prohibited; rabid pets.

A. 
Any person authorized by the governing body may cause an animal to be destroyed in a manner causing as little pain as possible and consistent with the provisions of N.J.S.A. 4:22-19 or offered for adoption seven days after seizure, provided that:
(1) 
Notice is given as set forth in the enabling statute and the animal remains unclaimed;
(2) 
The owner or person keeping or harboring the animal has not claimed the animal and paid all expenses incurred by reason of his detention, including the sum of $10 payable to the Animal Control Officer, plus maintenance costs not exceeding $4 per day; or
(3) 
The owner or person keeping or harboring a dog or cat which was unlicensed at the time of seizure does not produce a license and registration tag for the animal.
B. 
At the time of adoption, the right of ownership in the animal shall transfer to the new owner. No dog or cat or other animal so caught and detained or procured, obtained, sent or brought to a pound or shelter shall be sold or otherwise made available for purpose of experimentation. Any person who sells or otherwise makes available any such dog or cat or other animal for the purpose of experimentation shall be guilty of a disorderly persons offense.
C. 
After observation, any animal seized under this section suspected of being rabid shall be immediately reported to the executive officer of the local Board of Health and to the Department of Health.

§ 16-14 Vicious or potentially dangerous dog.

A. 
Complaint procedure.
(1) 
It shall be the duty of the Mansfield Police Department to receive and investigate complaints involving attacks or bites by a dog or cat, dogfighting activities and the training or encouragement of dogs to make unprovoked attacks upon persons or domestic animals.
(2) 
It shall be the duty of all appropriate Township officials to enforce the provisions of the enabling statute, as applicable, within this Township.
(3) 
The owner of any dog which has been declared vicious or potentially dangerous shall be responsible for all actual costs and expenses of impounding and destroying said dog. In the event that any dog is impounded pursuant to the enabling statute in a facility other than the Township pound, the owner shall be responsible for all actual costs and expenses of impounding said dog, regardless of whether the dog is declared vicious or potentially dangerous.
B. 
Licensing required. No person shall keep or harbor within the Township of Mansfield any dog which has been declared potentially dangerous without obtaining from the Township Clerk a special municipal license and complying with all requirements of the enabling statute, this section and the order of the Municipal Court. The fee for a license to keep in the municipality a potentially dangerous dog shall be as set forth in § 16-6E of this chapter. The Township Clerk, when issuing such a license, shall assign a municipal registration number, in accordance with the uniform state-wide municipal registration system established by the regulations of the Department, together with a red identification tag. Prior to the issuance of such a license, the Animal Control Officer shall verify to the Board of Health Secretary that the owner of the dog has complied with the Municipal Court's order.
C. 
Seizure and impoundment. Notwithstanding any other provisions of this chapter, the seizure and impoundment of dog or cat pursuant to the enabling statute and as provided for in this section shall be governed by the provisions of the statute cited.
D. 
Penalties. The owner of a potentially dangerous dog who is found by a preponderance of the evidence to have violated the statute herein cited or any rule or regulation adopted pursuant thereto or to have failed to comply with the Municipal Court's order shall be subject to a fine of not more than $1,000 per day of the violation, and each day's continuance of the violation shall constitute a separate and distinct violation. The Mansfield Township Municipal Court shall have jurisdiction to enforce this penalty. An Animal Control Officer is authorized to seize and impound any potentially dangerous dog whose owner fails to comply with the provisions of the statute or any rule or regulation adopted pursuant thereto or a municipal court's order. The Municipal Court may order that the dog so seized and impounded be destroyed in an expeditious and humane manner and consistent with the provisions of N.J.S.A. 4:22-19.

§ 16-15 Interference with enforcement.

No person shall hinder, molest or interfere with anyone performing any duty which he is authorized or empowered to perform under this chapter.

§ 16-16 Right of entry on premises to seize dog or cat.

A. 
Any officer or agent authorized or empowered to perform any duty under this chapter is hereby authorized and empowered to go upon any premises to seize for impounding any animal which it is believed may lawfully be seized and impounded when such officer is in immediate pursuit of such animal, except upon the premises of the owner of the animal if said owner is present and forbids the same.
B. 
If any person is convicted of a violation of § 16-5 et seq. of this chapter, the Animal Control Officer, in the company of any police officer of the Township of Mansfield designated for that purpose, may enter the household, premises or abode of the person so convicted and cause to be removed all unlicensed animals which shall be removed in accordance with § 16-11 hereof.

§ 16-17 Quarantine of biting pets.

Any pet which bites a person shall be quarantined for 10 days if ordered to do so by a member of the Mansfield Township Police Department. During quarantine, the animal shall be securely confined and kept from contact with any other animal whether or not domesticated. The quarantine shall be at the owner's expense and must occur in a veterinary hospital. In addition, the owner shall be liable for any and all charges incurred by the Animal Control Officer, at the prevailing rate, payable directly to the Animal Control Officer.

§ 16-18 Sick or diseased pets.

Management of pets known or suspected to have been bitten by a known or suspected rabid animal of unknown origin shall be quarantined in accordance with Title 26 of the New Jersey Statutes Annotated. The owner of a pet evidencing a change in disposition or illness suggesting it may be rabid may be required to have such pet examined by an approved veterinarian. Any cost incurred in quarantining such cat or veterinary service examination shall be paid for by the owner or harborer of such pet or pets.

§ 16-19 Pet control.

Every person owning, keeping or harboring any pet in this Township shall:
A. 
Prevent such dog or cat from running at large upon any public street or other public place at any time.
B. 
Prevent such dog or cat from being on any public street or other public place at any time unless such pet is accompanied by a person over the age of 12 years and is securely confined and controlled by an adequate leash not more than six feet in length.
C. 
Prevent such dog or cat from running at large upon the lands of any person other than the person owning, keeping or harboring such pet, without the consent of the owner of such lands.
D. 
Prevent such dog or cat from injuring or damaging any vegetable garden, flower garden, lawn, plant, trees, shrubbery, grounds or other property of any person other than the person owning, keeping or harboring such pet.
E. 
Prevent such dog or cat from worrying, wounding or killing any other pet or domestic animal.
F. 
Prevent such dog or cat, if it is a female and in season, from being off the grounds or property of the person owning, keeping or harboring such pet.
G. 
Prevent such dog or cat from soiling, defiling, defecating on or committing any nuisance upon any property, public, or private, not owned or possessed by that person within the Township of Mansfield; and in the event such dog or cat shall, through inadvertence or otherwise, soil, defile, defecate or commit any nuisance upon said property, the person owning, harboring, keeping or in charge of such dog or cat shall immediately remove all feces deposited by said dog or cat in a sanitary manner by shovel, container, disposal bag, etc., or any other method approved by the Township's Board of Health, and said feces and droppings shall be removed immediately by said person from the aforesaid designated areas and disposed of by said person in a sanitary manner. Any owner or keeper who requires the use of a disability assistance animal shall be exempt from the provisions of this section while such animal is being used for that purpose.

§ 16-20 Nuisance.

Any animal which is or may become an annoyance, or interferes with the general well-being of the inhabitants of the Township or other animals, or habitually trespasses upon or damages either private or public property, or annoys, bites, scratches or harms a human being or an animal whether or not domesticated, may be considered a public nuisance and may be captured and impounded by the Animal Control Officer at the discretion of a police official, with the owner assuming liability for any and all charges incurred by the Animal Control Officer, at the prevailing rate, payable directly to the Animal Control Officer.

§ 16-21 Abandonment of domestic animals prohibited.

Any person who shall abandon, leave uncared for or set loose with the intention of avoiding the responsibility for the custody and care of any dog, cat or other domestic animal upon the streets, highways, alleys or other public places in the Township or upon lands and premises owned or occupied by any person other than the owner or person in possession of such dog, cat or other domestic animal shall be guilty of a violation of this chapter. It shall also be unlawful for any person to abandon or leave without proper care or permit to become a stray any dog, cat or other domestic animal even though it be left abandoned upon a lot and premises owned or occupied by the person in possession of such dog, cat or other domestic animal.

§ 16-22 Humane care of pets; fee for pickup of pet; resident responsibility for release of certain nondomesticated trapped animals.

A. 
Any person who shall own, keep or harbor a pet shall provide it with proper and adequate food and water, proper shelter and protection from the weather and with humane care and treatment. No person shall inhumanely beat, cruelly ill-treat, torment, overload, overwork or otherwise abuse any animal, or cause or permit any animals to combat between themselves.
B. 
If the Animal Control Officer is requested by an owner or other person harboring or keeping a pet to pick up said person's pet, the owner shall be liable for any and all charges incurred by the Animal Control Officer, at the prevailing rate, payable directly to the Animal Control Officer.
C. 
The provisions of this chapter and section shall only apply to domesticated animals. Additionally, all resident requests for traps set by the Animal Control Officer (ACO) to handle feral cats must be monitored daily to ensure that no animal is left too long. Further, in the event the trap results in the capture of other than a feral cat, i.e., raccoon, skunk, ground hog, etc., the resident is to release on his/her own. The Township will not be responsible for the cost to release other than a feral cat. Additionally, any resident requesting the traps must "trip" the trap at night to avoid nocturnal animals, such as skunks, etc., from getting in during the night.
[Added 1-27-2016 by Ord. No. 2016-2]

§ 16-23 Conditions of quarters.

The quarters where pets are kept shall be clean and sanitary and such as not to create a health hazard nor disturbance by reason of noise, odor or other causes.

§ 16-24 Severability.

Should any part or parts of this chapter be adjudged invalid, such adjudication shall not affect the validity of this chapter as a whole but shall apply only to the part or parts which are subject of the adjudication and the remainder of this chapter shall remain valid and effective.

§ 16-25 Violations and penalties.

Unless otherwise specifically provided for in this chapter, any person who violates any of the provisions of this chapter or who does any act or thing herein prohibited or neglects, fails or refuses to do any act or thing herein required to be done shall, upon conviction thereof before the Municipal Judge or other judicial officer authorized to hear and determine the matter, be subject to a fine of not less than $100 nor more than $500 for each offense, as shall be imposed by the Municipal Judge or other judicial officer in his or her discretion. Any person who refuses or neglects to pay forthwith the fine imposed upon him or her, together with costs and charges incident thereto, shall be committed to the county jail for a period of not more than 10 days for a first conviction and, in the case of a second or subsequent convictions or of continuing violations, for a period not to exceed 30 days, and the Municipal Judge may impose a period of community service in such instance not exceeding 30 days.

§ 16-26 Enforcement; grace period.

A. 
This chapter shall be enforced by the Mansfield Township Police Department and/or the Animal Control Officer. There shall be a grace period of 60 days after this chapter takes effect for all dog and cat owners to conform to the provisions set forth above. Thereafter, said owner will be subject to any and all penalties set forth in this chapter.
B. 
Unless otherwise specifically provided for in this chapter, any person who violates any of the provisions of this chapter or who does any act or thing herein prohibited or neglects, fails or refuses to do any act or thing herein required to be done shall, upon conviction thereof before the Municipal Judge or other judicial officer authorized to hear and determine the matter, be subject to a fine of not less than $25 nor more than $100 for each offense, as shall be imposed by the Municipal Judge or other judicial officer in his or her discretion, except that for the first offense in cases of violations of §§ 16-1, 16-3 and 16-4 of this chapter, the penalties shall be not less than $10 nor more than $100. Any person who refuses or neglects to pay forthwith the fine imposed upon him or her, together with costs and charges incident thereto, shall be committed to the county jail for a period of not more than 10 days for a first conviction and, in the case of a second or subsequent convictions or of continuing violations, for a period not to exceed 30 days, and the Municipal Judge may impose a period of community service in such instance not exceeding 30 days.

§ 16-27 Repealer; when effective.

All ordinances or parts of ordinances inconsistent herewith are hereby repealed. This chapter shall take effect immediately upon its proper publication and adoption and as provided by law.