[HISTORY: Adopted by the Board of Health of the Township of Monroe 5-12-2010 by Ord. No. BOH 1-10. Amendments noted where applicable.]
Dogs and other animals — See Ch. 126.
Editor's Note: This ordinance also repealed former Ch. 280, Cats, adopted 12-13-1989 by Ord. No. BOH 11-90 (as Ch. 126, Art. III), as amended.
This chapter shall be known as the "Animal Control Ordinance."
The words hereinafter defined shall have the meanings herein prescribed for the purposes of this chapter as follows:
- ABANDONED ANIMAL
- An animal of any age which has been left unattended or unclaimed for a period of 72 hours or more.
- ALTERED or STERILIZED
- Any method utilized to prevent reproduction of a dog or cat.
- For the purposes of this chapter, an "animal" refers to a dog, cat, or domesticated animal.
- ANIMAL HOUSING
- A structure used for housing an animal outdoors on private property or business property.
- APARTMENT COMPLEX
- A multiple dwelling containing six dwelling units or more.
- AT LARGE
- An unleashed animal off the premises of the owner.
- Any animal of the feline species (Felis catus).
- COMMERCIAL KENNEL
- An establishment for the treatment, care, boarding, or training of dogs or cats for a fee, or a place where dogs or cats are bred for resale or for a fee; and where the business is the primary source of income; and where such establishment has been currently inspected and approved for use by the Gloucester County Health Department and any other applicable state agencies.
- Any animal of the canine species (Canis familiaris) except dingoes.
- DOG OR CAT OF LICENSING AGE
- Any dog or cat which has attained the age of six months or which possesses a set of permanent teeth.
- DOMESTICATED ANIMAL
- An animal tamed and adapted to live in close association with and to the benefit of humans.
- Restrained by a leash no greater than six feet in length which is attached to a collar or harness of sufficient strength to restrain the animal and which shall be held by a person having the ability to control the animal at hand.
- Any person having a right of property in any animal, or any person who has an animal in his/her custody, or any person offering or allowing access to food, water, or shelter to any animal, or any person exercising control over an animal or permitting, allowing or suffering an animal to remain on premises under his/her control, or anyone who takes an animal out into the public streets, sidewalks or public ways.
- An individual, firm, partnership, corporation or association of persons.
- PET SHOP
- Any place of business wherein animals, including, but not
limited to, dogs, cats, birds, fish, reptiles, rabbits, hamsters or
gerbils, are kept or displayed chiefly for the purpose of sale to
individuals for personal appreciation and companionship rather than
for business or research purposes; and where such establishment has
been and continues to be inspected and approved for use by the Gloucester
County Health Department and any other applicable agencies.[Added 5-9-2012 by Ord. No. BOH 1-12]
- POTENTIALLY DANGEROUS DOG
- Any dog or dog hybrid declared potentially dangerous by a municipal court pursuant to Section 7 of P.L. 1989, c. 307 (N.J.S.A. 4:19-23).
- See "shelter."
- A block and lot with an occupied dwelling unit or dwelling units on it.
- PUBLIC NUISANCE
- An animal that causes damage to public or private property or causes harm to any person.
- An establishment for the confinement of dogs or cats seized under the provisions of this chapter.
- STRAY ANIMAL
- An animal having no known owner or custodian.
- To confine an animal with rope, chain, or similar material by which an animal is fastened so that it is able to range or feed only within certain limits.
- TOWNSHIP OFFICIAL
- Any Township Code Enforcement Official or Police Department officer, the Gloucester County Animal Control Officer, the Municipal Clerk, or any other official or person assigned or designated by the Mayor and/or Council.
- VICIOUS DOG
- Any dog or dog hybrid declared vicious by a municipal court pursuant to Section 6 of P.L. 1989, c. 307 (N.J.S.A. 4:19-22).
Number of dogs/cats permitted. A property within the Township of Monroe shall be limited to three dogs and three cats, with the exception of those having a valid commercial kennel license. Apartment complexes shall be exempt from this section, subject to the requirements of such apartment complex.
Grandfather clause. Notwithstanding Subsection A of this section, an owner who possesses more than three dogs and/or three cats as of the effective date of this chapter and in compliance with all prior ordinances shall be permitted to keep and maintain said number of dogs and/or cats as long as all such dogs and/or cats are properly licensed and altered or sterilized in accordance with the requirements of this chapter as of that date. Any owner shall be entitled to maintain the presently existing number of dogs and/or cats greater than the number permitted by this chapter until such dog and/or cat dies or is otherwise transferred out of the Township of Monroe. When one of the number of dogs and/or cats in excess of the number permitted by this chapter shall die or be transferred out of the Township of Monroe, such animal may not be replaced unless and until the number of dogs or cats owned or possessed by said owner is in compliance with this chapter.
Application for waiver. An owner desirous of owning and maintaining a number of dogs or cats in excess of that permitted by this chapter shall have the right to make application to the Township of Monroe Board of Health for a waiver of the maximum number of animals permitted under this chapter. The application for a hearing before the Board of Health must be submitted not less than 10 days prior to a regularly scheduled Board of Health meeting, with notice published in the official newspaper of the Township of Monroe not less than 10 days prior to said meeting and written notice given to all property owners within 200 feet of the applicant's property. The applicant shall obtain a certified list of all property owners within 200 feet of his/her property from the Gloucester County Tax Assessor's office.
Type of notice. Notice must be made to all property owners within 200 feet of the applicant's property by regular and certified mail, return receipt requested, with proof of service being presented to the Board of Health at the time of the hearing, with an affidavit setting forth that the mailing has been made to the appropriate property owners.
Form of notice. The notice shall set forth the following:
The name and address of the applicant.
The address and lot and block number of the household or dwelling unit for which the applicant is requesting a number of dogs and/or cats in excess of the chapter requirement.
The nature of the waiver requested, setting forth the total number of dogs and/or cats and the number of dogs and/or cats requested in excess of the chapter requirement.
The date, time and place of the hearing before the Board of Health.
Considerations for granting of waiver, burden of proof and vote. By majority quorum of the Board of Health, the Board may grant or deny an application for a request for a waiver based upon a preponderance of evidence that the applicant has demonstrated good cause for the granting of such waiver. In examining whether or not a waiver should be granted, the Board of Health shall include the following factors in its consideration:
The size of the property of the applicant where the dogs and/or cats are intended to be kept.
The distance between the locations of where the dogs and/or cats are intended to be kept on the applicant's property and the physical location of an adjacent property owner's home or dwelling unit.
Whether the applicant's household is an apartment, condominium or townhouse or a single-family detached dwelling.
Whether the applicant's property is fenced so as to shield the cats and/or dogs from the sight of the surrounding property owners.
Whether the dogs and/or cats are kept in the applicant's home or remain primarily outside of the applicant's home.
The breed and size of each dog or cat.
The prior history of complaints filed against the applicant for violation of this chapter, or previous ordinances pertaining to animal control, or its predecessor.
The zoning district of the applicant's property.
Whether the dogs and/or cats serve some purpose related to the applicant's use of his/her property, i.e., whether the dogs are utilized for security or the cats are utilized for rodent control.
Other such reasons as the Board may feel appropriate to consider according to the case, facts and circumstances presented to the Board.
Stating of number of dogs and/or cats. Should the Board grant the applicant's request for a waiver, the Board shall set the number of dogs and/or cats permitted for the applicant's household or dwelling unit in excess of that permitted by this chapter.
Licensing and fees. In the event a variance is granted, the application fee shall be $175. Such variance shall not be transferable to another owner or different premises. Each dog or cat must be licensed yearly in accordance with § 280-4 of this chapter and § 74-21.
[Added 10-10-2012 by BOH 3-12]
Editor’s Note: This ordinance also provided for the renumbering of former Subsection C(5) as Subsection C(6).
Revocation of waiver. A waiver granted by the Board of Health to an applicant may be revoked by the Board by proper application made by a Township official or a Township resident by making application to the Board of Health at least 10 days prior to a Board of Health meeting and by serving notice upon the owner by regular and certified mail, return receipt requested, of the application for revocation of the waiver. The notice shall also include a factual basis for the requested revocation. A hearing shall then be held by the Board of Health on the application for revocation. The Board will evaluate the application for revocation of waiver based upon the same criteria previously set forth herein under Subsection C(3)(a) through (j) of this chapter and any other factors brought out in the factual basis.
License requirement. No person shall own, keep, harbor, or maintain any dog or cat over six months of age within the Township of Monroe unless such dog or cat is licensed. The provisions of this section do not apply to dogs or cats held by a state or federally licensed research facility, a veterinary establishment, shelter, pound, licensed commercial kennel, or pet shop. No dog or cat may be licensed without proof of vaccination as detailed below.
Dogs or cats subject to the licensing requirement. Any dog or cat is subject to the following licensing requirements:
Any dog or cat acquired by any person during the course of any calendar year and kept within the Township for more than 10 days after acquisition.
Any dog or cat attaining licensing age during the course of the calendar year.
Any unlicensed dog or cat brought into the Township by any person and kept within the Township for more than 10 days.
Any dog or cat licensed by a township or municipality of another state brought into the Township by any person and kept within the Township for more than 90 days.
Previously licensed pets. Only one license and registration tag shall be required in any licensing year for any dog or cat owned in New Jersey, and a license and tag issued by any other municipality in this state shall be accepted by the Township as evidence of compliance with this section. However, upon the expiration of the license for that dog or cat issued by another municipality of this state, said dog or cat shall be so licensed in accordance with this chapter. The owner of any such dog or cat shall provide to the Township a copy of the license which was issued by the other municipality.
Licensing and fees.
All dogs and cats within the Township of Monroe shall be licensed in accordance with New Jersey statutes, and the licensing fee therefor shall be as follows:
Editor’s Note: Former Subsection D(1)(c), which listed the fee for a commercial kennel, was repealed 5-9-2012 by Ord. No. BOH 1-12.
A dog deemed as a potentially dangerous dog: $700.
A late fee of $5, in addition to the fees set forth above, shall be imposed upon an owner where a dog or cat within the Township limits qualifying for a license on the first day of each year is not licensed on or before the first day of April of each calendar year.
Any owner who fails to obtain a license for a dog or cat as required herein shall, upon conviction thereof, be subject to a fine not to exceed $100 for the first offense and up to $200 for each subsequent offense.
Vaccination. All dogs and cats within the Township of Monroe shall be vaccinated against rabies in accordance with the following:
Vaccination shall be performed by a veterinarian licensed to practice in the State of New Jersey. The vaccine utilized shall be from a manufacturer licensed by the Bureau of Animal Husbandry of the United States Department of Agriculture or such other agency as shall be approved by the State Department of Health. The dosage shall be as recommended by the manufacturer. All dogs and cats shall be revaccinated before the expiration of the period of time for which the vaccine used is known to be effective.
The Health Officer may exempt any dog or cat from the provisions of this Subsection E if there is presented to him/her a certificate from a licensed veterinarian stating that it would not be desirable to vaccinate a particular dog or cat for a specified period of time because of the animal's age, infirmity or other physical condition.
No vaccination shall be required for any dog or cat confined to a licensed kennel, pet shop, shelter, pound or veterinary hospital.
The fact that a dog or cat has been vaccinated against rabies shall be evidenced by a certificate from the veterinarian performing the vaccination. The certificate shall either be on a form approved by the Health Officer or a State or County Board of Health officer or a standard immunization certificate shall be used by the veterinarian. The certificate shall be presented to the Health Officer within 10 days after each vaccination. In the case of dogs or cats vaccinated before being brought into the Township, the certificate shall be presented to the Health Officer within 10 days after the animal is brought into the Township.
No dog or cat license shall be issued until the certificate indicating that the dog or cat has been vaccinated against rabies or the certification that it is not necessary to vaccinate the dog or cat is endorsed by the Township Health Officer or other designated person and has been presented to the Township Clerk.
Wearing of collar and registration tag. All dogs and cats for which licenses are required by the provisions of this chapter shall wear a collar or harness with the registration tag for such dog or cat securely fastened to it. No person, except an appropriate officer in the performance of his or her duties, shall remove a registration tag from the collar of any dog or cat without consent of the owner, nor shall any person attach a registration tag to a dog or cat which was not issued in accordance with this chapter.
[Added 5-9-2012 by Ord. No. BOH 1-12]
License required. Any person who keeps or operates or proposes to establish a commercial kennel, pet shop, shelter or pound shall apply to the Township of Monroe Board of Health for a license entitling him/her to keep or operate such establishment. Any person holding such license shall not be required to secure individual licenses for dogs/cats owned by such licensee and kept at such establishments. Such licenses must be exhibited in a conspicuous place on the licensed premises and shall not be transferable to another owner or different premises. All licenses issued 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.
Application for license. The application shall contain the name and address of the owner/applicant, the street address where the establishment is located or proposed to be located, the purposes for which it is to be maintained, and shall be accompanied by the written approval of the enforcing official of the Board of Health or the Township Board of Health showing compliance with the local and state rules and regulations governing the location and sanitation at such establishments, and shall be accompanied in writing by the approval of the adjoining property owners within 200 feet of the proposed establishment.
Inspections; compliance; revocation. The Board of Health or its representatives shall at all times have right of reasonable inspection over the premises licenses as herein provided. All licenses issued for a kennel, pet shop, shelter or pound shall comply with all Township ordinances and the rules and regulations promulgated by the State Department of Health and Senior Services governing the sanitary conduct and operation of kennels, pet shops, shelters and pounds, the preservation of sanitation therein, and the prevention of the spread of rabies and other diseases within and from such establishments. All licenses issued are subject to revocation by the Township Board of Health on recommendation of the State Department of Health and Senior Services or the Township Board of Health for failure to comply with the rules and regulations, after the owner has been afforded a hearing by either the State Department or the Township Board of Health.
Safe control required. No animal 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.
Report to State Department. The Township Board of Health shall forward to the State Department of Health and Senior Services 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.
Any dog or cat owner who shall suffer, allow or permit any unlicensed dog or cat to run at large or who shall suffer, allow, or permit any dog or cat, whether licensed or not, to run at large without the tag as provided by law or who shall cause or permit any unlicensed dog or cat to wear such a tag shall be guilty of a violation of this chapter.
Pursuant to N.J.S.A. 4:19-17 et seq., if the Municipal Court declares any dog to be potentially dangerous, it shall issue an order and a schedule for compliance which, in part:
Shall require the owner to comply with the following conditions:
To apply, at his/her own expense, to the Municipal Clerk or other official designated to license dogs for a special municipal potentially dangerous dog license, municipal registration number, and red identification tag issued pursuant to Section 14 of this Act. The owner shall, at his/her own expense, have the registration number tattooed on the dog in a prominent location. A potentially dangerous dog shall be impounded until the owner obtains a municipal potentially dangerous dog license, municipal registration number, and red identification tag;
Editor's Note: See N.J.S.A. 4:19-30.
To display, in a conspicuous manner, a sign on his/her premises warning that a potentially dangerous dog is on the premises. The sign shall be visible and legible from within 50 feet of the enclosure required pursuant to Subsection A(1)(c) of this section; and
To immediately erect and maintain, for the potentially dangerous dog, on the property where the potentially dangerous dog will be kept and maintained, an enclosure which has sound sides, top and bottom to prevent the potentially dangerous dog from escaping by climbing, jumping or digging and a fence of a least six feet in height separated from the confined area by at least three feet. The owner of a potentially dangerous dog shall securely lock the enclosure to prevent the entry of the general public and to preclude any release or escape of a potentially dangerous 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 Animal Control Officer and having a minimum tensile strength sufficiently in excess of that required to restrict the potentially dangerous dog's movements to within a radius of no more than three feet from the owner and under direct supervision of the owner.
May require the owner to maintain liability insurance in an amount determined by the Municipal Court to cover any damage or injury caused by the potentially dangerous dog. The liability insurance, which may be separate from any other homeowner policy, shall contain a provision requiring the municipality in which the owner resides to be named as an additional insured for the sole purpose of being notified by the insurance company of any cancellation, termination or expiration of the liability insurance policy.
Appeal of decision. The owner of the dog, or the Animal Control Officer in the municipality in which the dog was impounded, may appeal any final decision, order, or judgment, including any conditions attached thereto, of a municipal court pursuant to P.L. 1989, c. 307 (N.J.S.A. 4:19-17 et seq.) by filing an appeal with the Superior Court, Law Division, in accordance with the Rules Governing the Courts of the State of New Jersey pertaining to appeals from courts of limited jurisdiction. The Superior Court shall hear the appeal by conducting a hearing de novo in the manner established by those rules for appeals from courts of limited jurisdiction.
General requirements. No person shall at any time cause or allow any dog, cat, or domesticated animal to be kept outside on private or public property within the Township of Monroe excepting that:
The animal shall have access to and be provided with suitable and edible food of sufficient quantity on a daily basis, replenished at a minimum of every 12 hours.
The animal shall at all times have access to and be provided with clean water (cool in the summer and unfrozen in the winter).
The animal shall have access to an area to defecate or urinate separate from the areas where it must eat, drink, or lay down.
Fecal matter must be removed on a daily basis and within 24 hours of being deposited.
The primary area where the animal is kept must be located behind the principal dwelling on the property.
It shall be prohibited to allow any dog, cat, or domesticated animal to be kept outdoors at any vacant structure or premises at any time.
Animal housing. No person shall keep, use, or maintain a dog, cat, or domesticated animal outdoors on any premises unless such animal has access to housing meeting all of the following:
The housing shall be provided with five weatherproof sides, including a top, a bottom, and a minimum of three sides. The housing must have an entrance covered by a self-closing swinging door or covering or an L-shaped entrance to prevent the wind and elements from entering the house.
The housing must be moistureproof, weathertight, and maintained in good repair.
The housing must be placed in a dry area free of debris, feces, and standing water.
The housing area shall be maintained in a clean and sanitary condition.
If multiple animals are present in one location, each animal must have separate and clean housing.
Tethering. No person shall at any time fasten, chain, or tether any dog, cat, or domesticated animal or cause or allow such animal to be fastened, chained, or tethered on private or public property within the Township of Monroe excepting that:
Any restraint system shall be situated and terminate no less than 10 feet from any adjacent property boundary.
Any restraint system must be situated and terminate no less than five feet from any fence, pool, wall, vehicle, tree, or any other object or obstruction upon which any animal may harm itself.
The tether is to be constructed of a secure, lightweight material that shall not exceed 1/8 of said animal's total body weight.
The animal must be provided with a properly fitting harness or buckle-type collar. Such collar attaching the tether to the animal shall be constructed of leather, nylon, or comparable material. Said collar shall be maintained in good condition. Metal and choke collars are prohibited.
The tether shall be at least 15 feet in length and not less than 3 1/2 times the length of the animal, whichever is longer, as measured from the animal's nose to the base of its tail.
The tether shall be provided with swivels at both ends and shall be maintained tangle free.
It shall be prohibited to tether any dog or cat less than six months of age.
It shall be prohibited to tether animals to barrels, vehicles, any object which is not stationary, or other objects which may harm or injure the animal.
The tether area must be kept clean and clear of any debris that may harm or cause any dog or cat to become entangled.
Fencing. No person shall at any time cause or allow any dog, cat, or domesticated animal to be kept within a fenced area on private or public property within the Township of Monroe excepting that:
Any dog, cat, or domesticated animal confined within a fenced area must have adequate space for exercise and movement, which space shall not be less than 100 square feet.
The fencing shall be constructed and maintained as to prevent the animal from leaving or escaping the fenced area and to prevent other animals from entering the fenced area.
Habitual barking. No person shall own any dog which habitually cries or barks in a manner which would annoy or disturb a reasonable person. An "annoyance or disturbance," for the purpose of this section, shall be defined as barking, howling or crying continuously for a period of 10 minutes or more or intermittently for 30 minutes or more. A violation of this section shall subject the owner of the offending dog to the penalties for a violation of this chapter.
Running at large; leash required; certain public places prohibited. No person owning a dog shall permit it to run at large upon the public streets or in public parks, public buildings or in any other public place within the Township, nor permit a dog to run at large upon private property without permission of the owner. No person owning a dog shall permit it upon the public streets or in any other public place in the Township unless the dog is accompanied and controlled by a person over the age of 10 and is securely fastened to a leash. Notwithstanding the provisions of this section, it shall be a violation of this chapter for any person owning, keeping or harboring any dog to suffer or permit such dog, whether on a leash or not, to be in any parks or upon any recreation or athletic fields owned, maintained or operated by the Township of Monroe or upon any property owned, maintained or operated by the Board of Education of the Township of Monroe.
Nonaltered or nonsterilized cats running at large prohibited. It shall be a violation of this chapter for the owner of any cat, where such cat has not been altered or sterilized (and proof is shown thereof by the owner) and licensed in accordance with requirements of this chapter and properly displaying a tag as required, to allow such cat to run at large within the Township of Monroe.
Damage to property prohibited. No person owning or in control of a dog or cat shall allow it to damage any lawn, shrubbery, flowers or grounds of any public park, public building or other public place within the Township or upon any private property.
Damage or injury to other property, pets, or persons prohibited. It shall be a violation of this chapter for an owner of a dog or cat to suffer, allow, or permit the following prohibited acts:
Biting, chasing, jumping upon, interfering with, or otherwise impeding pedestrian traffic or the mobility of any person on public property or within a public sidewalk or right-of-way.
Chasing, leaping upon, interfering with, or otherwise impeding the progress of any bicyclist or other person utilizing self-powered transportation or motor vehicle or motorized transportation on any public or private road, public property, or within a public right-of-way.
Barking, growling, or otherwise displaying aggressive behavior towards a human being and placing a person in reasonable apprehension of bodily harm or injury.
Destroying or damaging any structure or equipment on any public park, public building or other public place or upon private property.
Defecation on public or private property prohibited; exception.
No person owning, harboring, keeping or in charge of any dog or cat shall cause, suffer or allow such a dog to soil, defile, or defecate on or commit any nuisance on any common thoroughfare, sidewalk, passageway, bypass, park, open space area, 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 the property.
Notwithstanding anything contained in Subsection F(1) to the contrary, the restrictions as set forth above shall not apply to that portion of the street lying between the curblines which shall be used to curb such dog upon the following conditions:
The person who curbs the dog shall immediately remove feces deposited by the dog by a sanitary method, such as in a sealed, nonabsorbent, leakproof container (i.e., plastic bag).
The feces removed from the aforementioned designated area shall be disposed of in a sanitary manner by the person owning, harboring, keeping or in charge of any dog curbed but shall not be placed in a public trash receptacle or storm drain.
Any owner or person in custody of any dog or cat being walked upon any common thoroughfare, sidewalk, street, passageway, path or any place where people congregate must have in his/her possession a sealed, nonabsorbent, leakproof container as described in Subsection F(2)(a) above and appropriate materials or devices to remove feces deposited by the animal. The failure to possess such container and materials to clean up feces deposited by the animal shall constitute a violation of this chapter.
The requirements of this section shall not apply to the owner of any dog when said dog is utilized as a guide for any person or owner who is legally blind.
Placement of food outside of residence without a licensed pet prohibited. No property owner shall permit food for any animal to be placed outside of his/her home unless he/she is the owner of a licensed pet and the food is placed in the outside area where the pet is kept.
Impounding, right of entry and notice to owner.
Any Township official of the Township of Monroe empowered to perform any duty under this chapter is hereby authorized to take into custody and impound any of the following dogs or cats:
Any dog or cat which is off the premises of the owner and which such appropriate officer has reason to believe is a stray.
Any dog or cat which is off of the premises of the owner and which is without a current registration tag on its collar.
Any female dog in season which is off of the premises of the owner.
Any cat that has not been altered or sterilized.
If any dog or cat is impounded and seized and is wearing a registration tag attached to its collar or harness, having inscribed on it or attached to it the name and address of any person or the owner of the dog, a notice shall be given in writing and served on the premises of the person or owner within 24 hours of the seizure, stating that the dog or cat has been seized and will be liable to be disposed of or destroyed if not claimed within seven days after the service of notice. Notice may be served either by delivering it in person 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 dog's or cat's collar or by forwarding it by mail in a prepaid letter addressed to that person at such address.
Any officer authorized or empowered to perform any duty under this chapter is hereby authorized to go upon any premises to seize for impounding any such dogs or cats when such officer is in immediate pursuit of such animal.
Destruction of impounded dogs or cats. When any dog or cat has been detained for seven days after notice as set forth above has been given, or has been detained for seven days after seizure when notice has not been given due to the owner of such animal being unknown, and the owner or person keeping or harboring the dog or cat whose name is on the tag of the registration has not claimed the dog or cat and paid all expenses incurred by reason of its detention, including any applicable redemption, maintenance, or other fees, and paid the appropriate licensing fees paid in full and produced proof of vaccination, the dog or cat may be destroyed in an appropriate and humane manner or may be adopted by a responsible party. All fees set forth herein may be paid directly to the Township official empowered to receive such fees.
Biting of a person by a dog or cat. When any dog or cat bites a person, the Township official may order the owner of the dog or cat to confine it, either on the owner's premises or at any other reasonable location at the owner's sole cost and expense which the officer shall designate, for a period of not less than 10 days.
Examination of confined animals. The Township Health Officer, an officer of the County Board of Health, or a Township official shall have the right to examine any dog or cat confined under the provisions of Subsection A herein at any time, including daily examinations for a period of 10 days after the dog or cat has attacked or bitten any person, to ascertain whether the animal shows signs or symptoms of rabies.
Release of confined animals. Following the passage of 10 days as required by Subsection A herein, an animal so quarantined shall be released, but only upon the issuance of a certificate of release which shall indicate that the animal appears to be healthy and free from rabies. Said certificate shall be maintained by the appropriate Township official, and upon release of the animal a copy shall be provided to the owner and the individual bitten by the animal.
The Township official shall enforce the provisions of this chapter. Nothing herein shall prohibit a private citizen from bringing or signing a complaint for an alleged violation of this chapter.
No person shall hinder, molest, or interfere with anyone authorized or empowered to perform any duty under this chapter.
Except as provided in § 280-4D(3), any person found to be in violation of or found to have failed to comply with any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine of not less than $100 and not more than $1,000 or imprisonment in the county jail for a term not to exceed 90 days, or both. Each day of such violation or failure to comply shall constitute a separate offense and, therefore, is not subject to merger either for the purposes of the violation or imposition of fines and penalties.
Definitions. As used in this section, the following terms shall have the meanings indicated:
- All horses, ponies, donkeys, mules, miniature breeds and all other equine; all domestic and exotic pigs, hogs, and other swine; all cattle, goats, sheep, and all other bovine; all llamas, alpacas, camels, and all other camelids; all chickens, ducks, geese, guinea hens, peacocks, turkeys, emus, rheas, and all other poultry and fowl; and all other animals traditionally raised for food, fiber, fur, or production means.
- RUNNING AT LARGE
- Any livestock situated upon any public street, park, or any other public place while unrestrained or situated upon any private property, including the property of the livestock owner, while not restrained by a sufficient fence, enclosure or tether.
Livestock at large prohibited. No person owning or in control of livestock shall permit livestock to run at large.
Fencing of livestock. A fence, measuring at least four feet high from the surface of the earth and sufficiently enclosed and strong enough to prevent livestock from escaping, is hereby required wherever livestock is kept. If any livestock escapes from within the confines of any fence, it shall be presumed that such fence has not met the provisions of this section. Any owner or lessee of the land on which such fence is located is subject to the requirements of this section.