[HISTORY: Adopted by the Mayor and Council
of the Township of Florence 11-13-1996 by Ord. No. 1996-19.[1] Amendments noted where applicable.]
A.
It is the objective of this chapter to protect the
public and animals from the spread of rabies to animals and humans
and to protect the public from animal-related nuisances and threats
of public health safety and welfare.
B.
It has been determined that these objectives can be
fostered by assuring that animal owners meet responsibilities for
the control and care of their pets.
As used in this chapter, the following terms
shall have the meanings indicated:
Any person or agency designated or certified by the State
of New Jersey to enforce the provisions of this chapter.
Any dog or cat, licensed or unlicensed, registered or unregistered,
muzzled, unmuzzled, traveling unattended by at least one person and
under no control by harness, rope, leash on other proper controlling
device.
A domesticated carnivore, Felis Domestica, bred in many varieties,
of either sex of variety, whether or not neutered or spayed.
A domesticated carnivore, Canis Familaris bred in many varieties,
of either sex or variety, whether or not neutered or spayed.
A tract of land of six acres or more.
Any establishment wherein or whereon the business of boarding
or selling dogs or breeding dogs for sale is carried on, except a
pet shop.
The Clerk of the Township of Florence or any designated representative
thereof charged with administering the issuance and revocation of
permits and licenses under the provisions of this chapter.
Rendered permanently incapable of reproduction as certified
by a licensed veterinarian.
When applied to the proprietorship of a dog or cat, includes
every person having a right of property or custody in such dog or
cat, and every person who has such dog or cat in his/her keeping or
who harbors or maintains a dog or cat or knowingly permits a dog or
cat to remain on or about any premises occupied by that person.
Any individual, corporation, partnership, organization or
institution commonly recognized by law as a unit.
Any room or group of rooms, cage or exhibition pen, not part
of a kennel, wherein dogs or cats for sale are kept or displayed.
Within the purview of this chapter, a dog or cat shall be
considered a public nuisance if it has no known owner or custodian
or if it has no known place of care or shelter or if it habitually
trespasses upon or damages either private or public property or annoys,
bites, scratches or harms lawful uses or occupants thereof.
[Amended 5-6-2009 by Ord. No. 2009-10]
A.
It shall
be unlawful for any dog or cat to travel at large either upon the
public streets or other public or private places, other than upon
the private property of the owner or keeper of such dog or cat within
said Township of Florence.
B.
It shall
be unlawful for any dog or cat to be allowed to enter upon any portion
of public properties used for organized sports and other recreation
activities or services, including but not limited to those areas used
for baseball and softball fields, football and soccer fields, basketball
and tennis courts, tot-lots and play areas, batting cages and warm-up
areas, memorial gardens and monument areas.
The Township of Florence is hereby authorized
to rent or otherwise prepare a suitable place or places, within or
without said township, to be used as a public pound for the retention,
care and maintenance of any dog or cat seized or otherwise taken under
the authority of this chapter.
The Mayor and Council shall have the power to
appoint one or more animal control officers for such period or periods
of time as it may deem advisable. The animal control officer will
have the authority to enforce all provisions of this chapter.
Whenever any dog or cat, as indicated in § 41-3 of this chapter, shall be found traveling at large, it shall be the duty of any animal control officer or of any member of the uniformed Police Department of said township, or other persons thereby designated and authorized, to seize or otherwise take into possession such dog or cat and to take or transport such dog or cat to the public pound established for such purpose and thereto be retained. If said dog or cat shall not have been redeemed by payment of costs and charges as authorized by law within seven days following its detention, said dog may be offered for adoption upon public notice being provided, as required by N.J.S.A. 4:19-15.16, and notice that such dog or cat will be offered for adoption given to the owner or keeper of such dog or cat, if known; or if the name and address of the owner or keeper of such dog or cat cannot be reasonably ascertained and, in the opinion of said animal control officer or Police Department, such dog or cat is not valued at the amount of costs and charges assessable against it and it is not reclaimed within seven days after notice, when such notice can be given, said animal control officer or Police Department may cause said dog or cat to be destroyed in any manner causing as little pain as possible.
This chapter shall not be deemed to be inconsistent
with any law of the State of New Jersey controlling the licensing
of dogs or cats and kennels, but only as supplemental thereto.
Any and all costs incident to the seizing or
taking or detention of any dog or cat by virtue of this chapter shall
be paid by the owner of said dog or cat.
A.
Every owner of or person who harbors or keeps a dog or cat within the limits of Florence Township shall report to the Township Clerk annually, within 30 days after the first day of January each year, his or her name and address and shall give the name, breed, color and sex of each and every dog and/or cat owned or kept by said person and shall pay to the Township Clerk of the Township of Florence a fee as established in Schedule A of Chapter 2 of the Code of the Township of Florence.
[Amended 6-2-2010 by Ord. No. 2010-11]
B.
The owner of any dog or hybrid dog determined to be
a "potentially dangerous dog" pursuant to the terms and provisions
of N.J.S.A. 4:19-17 et seq., shall pay a licensing fee of $700 for
a potentially dangerous dog license and a registration tag fee of
$1.
C.
Dogs used as guides for the blind and commonly known
as "Seeing Eye" dogs shall be licensed and registered as other dogs,
except that the owner or keeper of the dog shall not be required to
pay any fee therefor.[1]
[1]
Editor's Note: Former Subsecetion D, regarding registration
and license fee for cats, which immediately followed this subsection,
was repealed 6-2-2010 by Ord. No. 2010-11.
No dog or cat shall be issued a license or registration
tag unless the owner thereof provides evidence that said dog or cat
has been given a rabies vaccine of a type approved by and administered
in accordance with the recommendation of the United States Department
of Agriculture and the United States Department of Health, Education
and Welfare, or has been certified to be exempt by the regulations
of the State Department of Health of the State of New Jersey.
A.
In the event that the owner or keeper of a dog within
the Township of Florence fails to make application to the Clerk of
the Township of Florence within 30 days of the first day of each year,
then an additional late fee of $5 shall be charged and paid to the
Township Clerk; provided, however, that where a dog or cat becomes
eligible for licensing during any calendar year after January 31,
then said owner or keeper of a dog or cat shall be entitled to a grace
period not to exceed 30 days from the date of acquisition of the animal.
After January 31, an additional late fee of $2 will be charged to
the owner or keeper of a cat within the Township of Florence.
B.
The owner of any "potentially dangerous dog," as defined in N.J.S.A. 4:19-17 et seq., shall be subject to the violations and penalties set forth in § 41-15 of this chapter in the event of failure to renew the dog license prior to January 31 of any calendar year or within 30 days of the dog becoming eligible for licensing during any calendar year after January 31.
A.
Regulations.
(1)
No person owning, harboring, keeping or in charge
of any dog or cat shall cause, suffer or allow such animal to do any
injury to any person or any animal or do any damage to any property,
either real or personal, owned privately or publicly, or permit such
dog or cat to soil, defile, defecate on or commit any nuisance on
any common thoroughfare, passageway, bypass, play area, park or any
place where people congregate or walk or upon any public property
whatsoever or upon any private property without the permission of
the owner of said property; except, however, that dogs or cats may
soil, defile or defecate on that portion of the public street line
between the curblines, which portion of the street shall be used to
curb dogs or cats.
(2)
In the event that any dog or cat shall soil, defile,
defecate on or commit any nuisance contrary to the foregoing provisions,
regardless if done in a place other than between the curbs, the person
owning, harboring, keeping or in charge of such dog or cat shall immediately
remove all feces by such dog or cat by any sanitary method, including
but not limited to implements and plastic bags, to remove any feces
so deposited, and said person shall dispose of such feces in a sanitary
manner.
(3)
Residential properties on which animals are kept or
maintained must be kept free of accumulated feces so as not to create
an unsanitary or odorous nuisance as defined in Section II of the
New Jersey State Department of Health Public Nuisance Code No. 102-3.
B.
The provisions of this section shall not apply to
blind persons who may use dogs as guides.
C.
The provisions of this section shall be enforced upon
written complaint by the complaining witness filed in the Municipal
Court.
A.
License fees and other moneys collected or received
under the provisions of this chapter, except registration tag fees
and costs, fines and fees collected pursuant to N.J.S.A. 4:19-17 et
seq., shall be forwarded to the Township Chief Financial Officer within
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
shall be used for the following purposes:
(1)
For collecting, keeping and disposing of animals liable
to seizure.
(2)
Local prevention and control of rabies and for providing
for anti-rabies treatment under direction of the local Board of Health
for any person known or suspected to have been infected with rabies.
(3)
For all other purposes prescribed in the statutes
of the State of New Jersey governing the subject and for administering
the provisions of this chapter.
B.
Any unexpended balance remaining in such special accounts
shall be retained therein 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 said third fiscal year following and at the end of each
fiscal year thereafter, there should be transferred from such special
account to the general funds of the township any amount that is in
such account which is in excess of the total amount paid into said
special account during the last two fiscal years next preceding. The
registration tag fees shall be forwarded within 30 days after collection
by the township to the State Department of Health.
C.
The costs, fines and fees collected pursuant to N.J.S.A.
4:19-17 et seq., shall be deposited in a special account separate
from any of the other accounts of the Township and shall be used by
the township to administer and enforce the provisions of N.J.S.A.
4:19-17 et seq.
[Amended 10-20-2010 by Ord. No. 2010-17]
A.
It shall be the duty of the Chief of Police to receive and investigate
complaints involving attacks or bites by any dog, including dog-fighting
activities in the training or encouragement of dogs to make unprovoked
attacks upon persons or domestic animals.
B.
It shall be the duty of all appropriate Township officials to enforce
the provisions of N.J.S.A. 4:19-17 et seq. as applicable within the
Township.
C.
Potentially dangerous dogs, license required. Where a dog has been
declared potentially dangerous by the Municipal Court in accordance
with the provisions of this section, the owner shall, within the time
provided in the Court's order, or, in any event, not less than 60
days from the date of the Court's decision, obtain a special potentially
dangerous dog license, registration number and red identification
tag. The fee for such license, and renewals thereof, shall be $700.
Renewals shall be made at the same time and manner as ordinary dog
licenses, except that the same registration number shall be reissued
for the life of the dog. In addition, the owner shall, at his own
expense, have the registration number tattooed upon the dog in a prominent
location. The time for compliance shall be tolled by the filing of
an appeal.
D.
In order to receive a license, the owner must comply with the following
conditions:
(1)
Display, in a conspicuous manner, a sign on his premises warning
that a potentially dangerous dog is on the premises. The sign shall
be visible and legible from 50 feet of the enclosure.
(2)
Immediately erect and maintain an enclosure for the potentially dangerous
dog on the property where the dog will be kept and maintained, which
has sound sides, top and bottom to prevent the dog from escaping by
climbing, jumping or digging and within a fence of at least six feet
in height separated by at least three feet from the confined area.
The owner shall securely lock the enclosure to prevent the entry of
the general public and to preclude any release or escape of the dog
by an unknowing child or other person. All potentially dangerous dogs
shall be confined in the enclosure or, if taken out of the enclosure,
securely muzzled and restrained with a tether approved by the Chief
of Police and having a tensile strength sufficiently in excess of
that required to restrict the potentially dangerous dog's movements
to a radius of no more than three feet from the owner and under the
direct supervision of the owner.
(3)
If required by the Municipal Court, provide proof of liability insurance
in an amount specified by the Court to cover any damage or injury
caused by the dog. The liability insurance, which may be separate
from any other homeowner policy, shall contain a provision naming
the Township Clerk as a party to be notified by the insurance company
in the event that the policy is canceled or terminated or expires.
E.
Seizure and impoundment:
(1)
The Chief of Police, or other designated official, shall seize and
impound a dog when the officer has reasonable cause to believe that
the dog:
(a)
Attacked a person and caused death or serious bodily injury,
as defined in N.J.S.A. 2C:11-1b, to that person;
(b)
Caused bodily injury, as defined in N.J.S.A. 2C:11-1a, to a
person during an unprovoked attack and poses a serious threat of harm
to persons or domestic animals;
(c)
Engaged in dog-fighting activities as described in N.J.S.A.
4:22-24 and 4:22-26; or
(d)
Has been trained, tormented, badgered, baited or encouraged
to engage in unprovoked attacks upon persons or domestic animals.
(2)
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 Chief of Police, the dog may be impounded in a facility or
other structure agreeable to the owner.
F.
It shall be the responsibility of the Municipal Court of the Township of Florence to determine whether a dog is vicious or potentially dangerous pursuant to N.J.S.A. 4:19-17 et seq. The Court may impose a fine in accordance with penalties as provided in § 1-10 of the Florence Code.
G.
Cost of impoundment and destruction. If a dog is declared vicious
or potentially dangerous and all appeals pertaining thereto have been
exhausted, the owner of the dog shall be liable to the Township for
the accrued costs and expenses of the impoundment and/or destroying
the dog. The owner shall incur that expense of impounding the dog
in a facility other than the municipal pound, regardless of whether
the dog is ultimately found to be vicious or potentially dangerous.
[Amended 10-20-2010 by Ord. No. 2010-17]
Except where otherwise provided by law:
A.
The owner or owners or keeper or keepers of any dogs, hybrid dogs, cats or livestock (as defined in Article II) who should knowingly or willfully cause, allow, permit or otherwise be responsible for any animal traveling at large or who should otherwise violate any of the provisions of this chapter shall, upon conviction, be subject to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 90 days or to a period of community service not exceeding 90 days, or any combination thereof.
B.
The owner of a "potentially dangerous dog," as defined by N.J.S.A.
4:19-17 et seq., who is found by a preponderance of the evidence to
have violated the provisions of this chapter or the provisions of
N.J.S.A. 4:19-17 et seq. or any rule or regulation adopted pursuant
thereto or to have failed to comply with an order of the court shall
be subject to a fine of not more than $1,000 per day of the violation,
or imprisonment for a term not exceeding 90 days or a period of community
service not exceeding 90 days, or any combination thereof, and each
day's continuance of the violation shall constitute a separate offense.
C.
Disposition of fees and fines. All fines and fees collected or received
by the Township pursuant to this section shall be deposited in a special
account and used by the Township to administer and enforce the provisions
hereof.
A.
The keeping of livestock shall be permitted subject
to the following standards, which shall be applicable to small lots
and areas rather than full-scale farms:
(1)
Not more than one livestock unit may be kept on a
lot of at least one acre, provided that a pen or corral containing
at least 800 square feet is included and that a stable under a roof
of at least 100 square feet is provided, and further provided that
the pen, corral, fences or similar enclosures are not closer than
20 feet to the adjacent property lines or 10 feet to the adjacent
property lines with proper screening, but in no case closer than 50
feet to any existing neighboring dwelling.
(2)
Not more than two livestock units may be kept on a
lot of at least 1 1/2 acres, provided that they are enclosed
in a pen or corral containing at least 800 square feet per animal,
including a stable under a roof of at least 100 square feet per animal,
and further provided that the pen, corral, fences or similar enclosures
are not closer than 20 feet to the adjacent property lines or 10 feet
to the adjacent property with proper screening, but in no case closer
than 50 feet to any existing neighboring dwelling.
(3)
Not more than three livestock units may be kept on
a lot of two acres, provided that they are enclosed in a pen or corral
containing 800 square feet for the livestock unit and 400 square feet
for each additional livestock, including a stable under a roof containing
at least 100 square feet per animal, and further provided that the
pen, corral, fences or similar enclosures are not closer than 20 feet
to the adjacent property lines or 10 feet to the adjacent property
lines with proper screening, but in no case closer than 50 feet to
any existing neighboring dwelling.
(4)
Not more than four livestock units may be kept on a lot of 2 1/2 acres and must comply with the provisions of § 41-16A(3).
(5)
Not more than five livestock units may be kept on a lot of 3 1/2 acres and must comply with the provisions of § 41-16A(3).
B.
The "stable" shall be defined as a structure on a
tract qualifying as a farm for housing livestock and products used
for the keeping and handling of livestock. No structure housing livestock
shall be located nearer than 50 feet to any adjacent property lines
with proper screening and 50 feet to any neighboring dwelling. Stables
must be built so as not to create offensive odors, fly breeding or
other nuisances.
C.
A planted buffer (all season evergreens) will be required
along the dividing line between an applicant's property and that of
his neighbor.
D.
Manure from stabled horses or other livestock must
be removed from a stable or a similar housing structure three times
each week. Manure must be stored a minimum of 25 feet from a stable
and 75 feet from the nearest neighboring dwelling. Any stockpile of
manure shall not exceed 100 square feet. All stockpiles of manure
shall be limed at least once every week.
E.
Fences must be constructed of such materials and in
such a manner as to prevent and preclude the escape of livestock.
Any application for a building permit for a fence to pen livestock
must include, in addition to any other information required, the height,
the span between fence posts, a sketch of the proposed fence, the
type of material to be used and whether the same has been treated.
The Building Inspector shall issue a building permit for any such
fence only when, in his discretion, the proposed fence shall adequately
prevent the escape of livestock.
F.
For purposes of this section, the term "livestock"
shall include the term and concept "animal unit" and shall refer to
domestic animals only. Livestock shall be permitted as per the provision
of this section in accordance with the description, number and ratios
set forth in the following Table 1. An "animal unit" shall be defined
to be a large, mature, domesticated animal such as a horse, cow or
steer. A horse, cow or steer shall be considered one animal unit.
Combination of different types of livestock are authorized so long
as the total densities are not exceeded for the acreage available.
Table 1 establishing the categories and animal unit ratios and descriptions
is as follows:
|
TABLE 1
Animal Units for Specific Livestock Categories
or Type
| |||||
|---|---|---|---|---|---|
|
Livestock
|
Animals
(per unit)
|
Remark
| |||
|
Cattle
| |||||
|
Dairy
| |||||
|
1 year or older
|
1
|
Or cow with nursing calf
| |||
|
Under 1 year
|
2
| ||||
|
Beef
| |||||
|
1 year or older
|
1
|
Or cow with nursing calf
| |||
|
Under 1 year
|
2
| ||||
|
Steers (dairy or beef)
| |||||
|
1 year or older
|
1
| ||||
|
Under 1 year
|
2
| ||||
|
Bulls
|
0
| ||||
|
Horses
| |||||
|
All breeds and sexes 6 months or older with
foal until weaned or
|
1
|
Includes ponies, mules, burros, donkeys. Mares
up to age of 6 months equals 1 unit.
| |||
|
All breeds under 6 months
|
2
|
(See above remarks)
| |||
|
Sheep
| |||||
|
All breeds, 1 year or older
|
5
|
Ewe with nursing lamb up to 3 months, 1/5
unit
| |||
|
Lambs over 3 months and up to 1 year
|
10
| ||||
|
Goats, all breeds and sexes
|
Same as sheep
| ||||
|
Chickens
|
20
| ||||
|
Ducks
|
10
| ||||
|
Turkeys
|
5
| ||||
|
Geese
|
5
| ||||
|
Vietnamese pot-belly pig
|
2
| ||||
|
Rabbits
|
50
| ||||
|
Small birds, such as pigeons
|
50
| ||||
|
Swine (restricted to a farm of 6 acres or more)
|
Sow with suckling pigs under 3 months, 1/2
unit
| ||||
|
All breeds, over
|
2
|
(Sow is 1/2 unit and suckling pigs under
3 months are 1/2 unit.)
| |||
|
1 year All sexes, 3 months to 1 year
|
5
| ||||
G.
Notwithstanding the provisions of this section and
in the event that a property contains chickens, ducks, turkeys, geese,
rabbits or small birds (such as pigeons), the following pen and stable
requirements shall apply:
(1)
The location of a pen, barn, cage, coop, hutch or
any other type of enclosure on the property shall conform to the location
requirements.
(2)
Pen or barn, fully enclosed (applicable to chickens,
turkeys, ducks and geese):
(a)
Three square feet per chicken and six square
feet for ducks, turkeys and geese. The total size of the pen or barn
shall depend on the mix of fowl.
(b)
If the poultry or fowl has access to an outside
enclosure, 15 square feet per animal. The outside enclosure shall
be fenced to contain the fowl to prevent escape.
(3)
Cage or coop (applicable to pigeons): one square foot
per bird. The cage or coop shall be separate from a pen or barn.
(4)
Hutch (rabbits):
(a)
For a three-and-one-half-pound to seven-pound
mature rabbit, the hutch shall be 2 1/2 feet deep by three feet
long and two feet wide.
(b)
For a rabbit in excess of seven pounds to an
eleven-pound mature rabbit, the size shall be 2 1/2 feet deep
by four feet long by two feet wide.
(c)
For a rabbit in excess of 11 pounds to a fifteen-pound
mature rabbit, the size shall be two and one-half feet deep by five
feet long by two feet high.
(d)
The hutch shall be separate from cages, coops,
pens or barns.
(5)
Pigeons or rabbits may be located outside a cage or
coop or hutch in an area which must be fenced or fully enclosed in
order to contain the pigeon or rabbit and to prevent escape.
H.
Health requirements. In addition to the requirements
of this section and any other provision of the Code of the Township
of Florence with respect to the care and maintenance of animal waste,
animal waste shall be managed in accordance with the recommended management
practices established in "Recommended Guidelines for Home Animal Agricultural
in Residential Areas," as published and revised by the New Jersey
Cooperative Extension Service, New Jersey Agricultural Experiment
Station, Cook College, Rutgers, New Jersey, New Brunswick, New Jersey,
hereinafter referred to as "recommended guidelines," copies of which
are on file in the office of the Township Clerk and available for
public inspection during regular business hours . Furthermore, the
premises on which animals on residential lots are maintained and kept
shall meet and conform to the following health standards:
(1)
The location of any building, stable or other structure
for the keeping of animals shall be located so as to preclude odors
and sounds from interfering with the comfortable enjoyment of life
and property on neighboring premises.
(2)
Buildings, food storage bins, appliances, equipment
and such other facilities on premises are to be constructed and maintained
in such a fashion as to permit proper cleansing.
(3)
There shall be adequate water supply on the premises
to ensure proper sanitation.
(4)
Water or other liquids to which mosquitoes may have
access is to be properly treated to prevent their breeding.
(5)
Disposition of animal waste, garbage, refuse or vegetable
matter shall be such so as to prevent insects breeding, rodent infestation,
pollution of the air or any body of water or the creation of any other
unhealthy or unsanitary condition.
(6)
The Health Officer of the Township of Florence shall
be authorized to inspect any premises where animals are kept for the
purpose of enforcing the provisions herein.
I.
Kennels.
(1)
Any person who keeps or operates or proposes to establish
a kennel, a pet shop, a shelter or a pound shall apply to the Clerk
of the Township or other local official designated to license dogs
in the municipality for a license entitling him to keep or operate
such establishment.
(2)
The application shall describe the premises where
the establishment is located or is proposed to be located, the purpose
or purposes for which it is to be maintained, and shall be accompanied
by the written approval of the Health Officer of the State Department
of the Board of Health showing compliance with the local and state
rules and regulations governing location of and sanitation at such
establishment.
(3)
All licenses issued for 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 January of each
year and be subject to revocation by the Township Council on recommendations
of the State Department of Health for failure to comply with the rules
and regulations of the State Department of the Board of Health governing
the same after the owner has been afforded a hearing by the State
Department Board of Health.
(4)
Any person holding such license shall not be required
to secure individual licenses for dogs owned by such licensee and
kept at such establishment; such license shall be transferable to
another owner.
(5)
The annual fee for a kennel providing accommodations
for 10 or less 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.
(6)
The Clerk of the township or other local official
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 kind of license issued.
(7)
No dog kept in a kennel, pet shop, shelter or pound
shall be permitted off such premises, except on a leash or in a crate
or other safe control.
