[HISTORY: Adopted by the Board of Health
of the Township of North Brunswick 9-15-1980. Amendments noted where applicable.]
GENERAL REFERENCES
Dogs — See Ch. 154.
A.
COMMIT A NUISANCE
CRUEL OR INHUMANE TREATMENT
DOG
DOG OF LICENSING AGE
KENNEL
LICENSING CONTROL AUTHORITY
OWNER
PET SHOP
PET SHOP OPERATOR
POTENTIALLY DANGEROUS DOG
POUND
SHELTER
STRAY DOG
VICIOUS DOG
For the purposes of this chapter, the following words
and phrases shall have the meanings respectively ascribed to them
by this section:
A dog injuring or damaging any lawn, shrubbery, flower garden
or property of another, or a dog defecating on any public street,
sidewalk, public park or on the property of another.
Committing any act of mistreatment upon any dog, including
but not limited to any act proscribed by state statute, N.J.S.A. 4:22-26,
and as it may hereafter be amended.
[Added 4-14-2003 by Ord. No. 03-14]
Any dog, bitch or spayed bitch.
Any dog which has attained the age of seven months or which
possesses a set of permanent teeth.
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 office of the Clerk of the Township of North Brunswick.
[Added 3-2-2009 by Ord. No. 09-04; amended 4-19-2010 by Ord. No. 10-09]
When applied to the proprietorship of a dog, such term shall
mean and include every person having a right of property in such dog
and every person who has such dog in his keeping.
A retail establishment open to the public and engaging in
the business of selling dogs or cats or both, at retail. Any person
who sells, exchanges, or otherwise transfers only animals that were
bred and reared on the premises owned by the person shall be considered
a breeder and not a pet store.
[Amended 10-21-2013 by Ord. No. 13-22]
A person who owns or operates a pet store, or both.
[Added 10-21-2013 by Ord. No. 13-22]
Any dog or dog hybrid declared potentially dangerous by a
municipal court pursuant to state statute.
[Added 4-14-2003 by Ord. No. 03-14]
An establishment for the confinement of dogs seized either
under the provisions of this chapter or otherwise.
Any establishment where dogs are received, housed and distributed
without charge.
Any dog with no owner or that has been permanently separated
from its owner.
Any dog or dog hybrid declared vicious by a municipal court
pursuant to state statute.
[Amended 4-14-2003 by Ord. No. 03-14]
B.
The word "his" refers to either his or her.
[Amended 4-14-2003 by Ord. No. 03-14; 3-2-2009 by Ord. No. 09-04]
A.
The Board of Health and the Mayor and Council of the
Township are hereby authorized to employ a suitable person as Animal
Control Officer and to employ such assistants to the Animal Control
Officer as the Board of Health and Mayor and Council may from time
to time deem necessary. Such employee shall assist in enforcing the
provisions of this chapter.
B.
The Animal Control Officer and such assistants as
may be appointed shall be subject to the supervision and direction
of the Board of Health and the Mayor and Council, and the Board of
Health and the Mayor and Council may adopt rules and regulations prescribing
further duties of the Animal Control Officer and his assistants and
for the keeping and maintaining of the Township dog pound not inconsistent
with the laws of the state and of this chapter.
C.
The Board of Health or the Mayor and Council may contract
with a recognized animal welfare agency to perform the functions of
the Animal Control Officer.
[Amended 2-17-1981; 6-15-1981; 7-20-1981; 9-19-1983; 9-15-1997 by Ord. No.
97-18; 4-14-2003 by Ord. No. 03-14; 11-7-2005 by Ord. No. 05-32; 3-2-2009 by Ord. No. 09-04]
A.
License and registration. No person shall keep or
harbor any dog within the Township without registering and obtaining
a license therefor to be issued by the office of the Clerk of the
Township of North Brunswick upon application by the owner and payment
of the prescribed fee, and no person shall keep or harbor any dog
in the Township except in compliance with the provisions of this chapter.
[Amended 4-19-2010 by Ord. No. 10-09]
B.
Application for license; registration numbers; proof
of required inoculations. The application for a dog license and registration
shall state the breed, sex, age, color and markings of the dog for
which the license and registration are sought and whether it is of
a long- or short-haired variety; also, the name, street and post office
address and telephone number of the owner and the person who shall
keep or harbor such dog. The information on the application and the
registration number issued for the dog shall be preserved for a period
of three years. In addition, the office of the Clerk of the Township
of North Brunswick shall forward to the State Department of Health
each month, on forms furnished by the Department, an accurate account
of registration numbers issued or otherwise disposed of. Registration
numbers shall be issued in the order of the application. At the time
of application, the owner shall produce a record that the dog has
received all shots required by law. If a required inoculation has
an expiration date which is less than one year from the date the license
is issued, the issuance of the license shall be conditioned upon the
applicant submitting proof to the office of the Clerk of the Township
of North Brunswick that the inoculation which will expire has been
administered. Said proof shall be submitted no later than 30 days
after the expiration date listed on the license. Failure to submit
the required proof of inoculation within 30 days of the expiration
date shall result in a fine of $5 for each thirty-day period, or fraction
thereof, that the proof has not been submitted.
[Amended 4-19-2010 by Ord. No. 10-09]
C.
Annual procurement of license and registration tag.
Any person who shall own, keep or harbor a dog of licensing age shall
annually, in the month of January, apply for and procure from the
office of the Clerk of the Township of North Brunswick a license and
official metal registration tag for each such dog so owned, kept or
harbored and shall place upon each such dog a collar or harness with
the registration tag securely fastened thereto. If said owner has
obtained a valid dog license from another municipality within Middlesex
County, said license shall be valid within the Township of North Brunswick
for the balance of the calendar year, provided that the owner provides
the previous municipality and the office of the Clerk of the Township
of North Brunswick with his new post office address and telephone
number.
[Amended 4-19-2010 by Ord. No. 10-09]
D.
Fees; expiration date; late charges.
(1)
The person applying for the license and registration
tag of a dog shall pay an annual fee of $9 which $0.20 is to be designated
for the State of New Jersey Pilot Clinic Fund, and shall also pay
a fee of $1 for the registration tag of each dog. For each annual
renewal, the fee for the license and for the registration tag shall
be the same as for the original license and tag. The licenses, registration
tags and renewals thereof shall expire on the last day of January
of the following year. In addition to the above fees, any person applying
for a license and registration tag shall pay a surcharge of $3 for
any dog of reproductive age which has not had its reproductive capacity
permanently altered through sterilization, the surcharge being designated
or the State of New Jersey Animal Population Control Fund.
(2)
The fees for a dog license for any elderly person
shall be the sum of $7 per year, of which $0.20 is to be designated
for the State of New Jersey Pilot Clinic Fund, and such person shall
also pay a fee of $1 for the registration tag of each dog. In addition,
any elderly person applying for a license and registration tag shall
pay a surcharge of $3 for any dog of reproductive age which has not
had its reproductive capacity permanently altered through sterilization,
the surcharge being designated for the State of New Jersey Animal
Population Control Fund.
(3)
In the event that the dog owner fails to obtain a
license by February 1 of the year in question, the Department of Parks,
Recreation and Community Services shall impose a late charge of $5
upon the dog's owner fix each month or traction thereof after February
1 that the license is delinquent.
(4)
Any person applying for the license and registration
tag of a potentially dangerous dog shall pay an annual fee of $500.
E.
Replacement of lost registration tag. Whenever the
metallic tag of registration provided for by this chapter has been
lost, such tag may be replaced by the office of the Clerk of the Township
of North Brunswick with a new number tag, together with a new certificate
of registration, upon payment of a fee of $2 each, provided that the
old certificate of registration is presented at the same time.
[Amended 4-19-2010 by Ord. No. 10-09]
F.
Seeing eye dogs. Dogs used as guides for blind persons
and commonly known as "Seeing Eye" dogs shall be licensed and registered
as other dogs, except that the owners or keepers of such dogs shall
not be required to pay any the therefor.
G.
Newly acquired dogs and dogs attaining licensing age.
The owner of any newly acquired dog of licensing age or of any dog
which attains licensing age shall make application for a license and
registration tag for each dog within 10 days after such acquisition
or age attainment.
H.
Dogs brought into Township. Any person who shall bring or cause to be brought into the Township any dog licensed in another state for the current year and bearing a registration tag, and who shall keep the same or permit the same to be kept within the Township for a period of more than 90 days, shall immediately apply for a license and registration tag for each such dog, unless such dog is licensed under § 387-5.
[Amended 3-2-2009 by Ord. No. 09-04]
No person, except an officer in the performance
of his duties, shall remove a registration tag from the collar of
any dog without the consent of the owner, nor shall any person attach
a registration tag to a dog for which it was not issued.
[Amended 11-7-2005 by Ord. No. 05-32; 3-2-2009 by Ord. No.
09-04; 4-19-2010 by Ord. No. 10-09; 10-21-2013 by Ord. No. 13-22]
A.
License. Any person who keeps or operates or proposes
to establish a kennel, a shelter or a pound shall apply to the office
of the Clerk of the Township of North Brunswick for a license entitling
him to keep or operate such establishment.
B.
Application. The application for a kennel, shelter
or pound license shall describe the premises where the establishment
is located or is proposed to be located and the purpose for which
it is to be maintained. The application shall be accompanied by the
written approval of the Animal Control Officer of the Township showing
compliance with the local and state rules and regulations governing
the location of any sanitation at such establishment.
C.
Content of license; expiration. All licenses for a
kennel, shelter or pound shall state the purpose for which the establishment
is maintained, and all such licenses shall expire on the lost day
of January of the following year.
D.
Individual dog licenses; transferability. Any person
holding a license for a kennel, shelter or pound shall not be required
to secure individual licenses for dogs owned by such licensee and
kept at such establishment. Such license shall not be transferable
to another owner of different premises.
E.
Fees. The annual license fee for a kennel providing
accommodations for 10 or fewer dogs shall be $20 and for more than
10 dogs shall be $25. No fee shall be charged for a shelter or a pound.
F.
Control of dogs allowed off premises. No dog kept
in a kennel, shelter or pound shall be permitted off such premises,
except on a leash or in a crate or other safe control.
G.
No pet shop or pet shop operator shall sell, offer for sale, barter,
auction, breed or otherwise improperly sell or dispose of dogs in
the Township of North Brunswick. Nothing contained herein shall prohibit
a shelter, pound or other establishment from keeping, displaying,
selling or otherwise transferring any dog that has been seized, rescued
or donated.
[Amended 4-14-2003 by Ord. No. 03-14; 11-7-2005 by Ord. No.
05-32; 3-2-2009 by Ord. No. 09-04]
A.
Annual canvass of dogs by Sanitary Inspector. The
Sanitary Inspector of the Board of Health shall annually cause a canvass
to be made of all dogs owned, kept or harbored within the Township
and shall report on or before May 1 of each year to the office of
the Clerk of the Township of North Brunswick and to the State Department
of Health the result thereof, setting forth in separate columns the
names and addresses of persons owning, keeping or harboring such dogs,
the number of licensed dogs owned, kept or harbored by each of the
persons, together with the registration numbers of each of the dogs,
and the number of unlicensed dogs owned, kept or harbored by each
of the persons, together with a complete description of each of the
unlicensed dogs. Such canvass may be made with the assistance of the
Township police reserves.
[Amended 4-19-2010 by Ord. No. 10-09]
B.
Certain dogs to be impounded. The Animal Control Officer
of the Township shall take into custody and impound or cause to be
taken into custody and impounded, and thereafter destroyed or disposed
of as provided in this chapter, the following:
(1)
Any dog off the premises of the owner or of the person
keeping or harboring the dog which the Animal Control Officer or his
agent has reason to believe is a stray dog.
(2)
Any dog off the premises of the owner or of the person
keeping or harboring the dog without a current registration tag on
his collar.
(3)
Any female dog in season off the premises of the owner
or of the person keeping or harboring the dog.
C.
Notice to owners of impounded dogs.
(1)
If any dog seized pursuant to the provisions of the
preceding section 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 keeping or harboring the dog is known.
the Animal Control Officer shall forthwith serve on the person whose
address is given on the collar or on the owner or the person keeping
or harboring the dog, if known, a notice in writing stating that the
dog has been seized and will be liable to be disposed of or destroyed
if not claimed within seven days after the service of the notice.
(2)
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 the person's usual or last-known place of abode or at the address
given on the collar or by forwarding it by certified and regular mail
in a prepaid letter addressed to that person in his usual or last
known place of abode or the address on the collar.
D.
Pound and maintenance fees; redemption: destruction.
(1)
For every dog impounded, there shall be charged a
detention expense of $25, plus a kennel charge of $60 per week or
part thereof to cover the cost of maintenance.
(2)
The enforcement authority shall not release any impounded
dog to any owner or other person unless and until such owner or other
person shall have paid to the Township of North Brunswick, at the
office of the licensing control authority, all fees required to be
paid hereunder, and. if the dog is unlicensed and unregistered, an
additional charge of $8.20 for a neutered dog shall be payable to
the Township of North Brunswick, of which $0.20 is to be designated
for the State of New Jersey Pilot Clinic Fund and $1 is to be designated
for the registration tag of each dog. For a nonneutered dog (i.e.,
any dog of reproductive age which has not had its reproductive capacity
permanently altered through sterilization), a fee of $11.20 shall
be payable to the Township of North Brunswick, of which $3 is to be
designated for the State of New Jersey Animal Population Control Fund.
(3)
When any dog so seized has been detained for seven days after notice, when notice can be given as set forth in Subsection C, or has been detained for seven days after seizure, when notice has not been and cannot be given as set forth in Subsection C, and if the owner or person keeping or harboring the dog has not claimed the dog and paid expenses incurred by reason of its detention and if the dog is unlicensed at the time of the seizure and the owner or person keeping or harboring the dog has not produced a license and registration tag for the dog, the Animal Control Officer may cause the dog to be destroyed in such a manner as to cause as little pain as possible. The Animal Control Officer may sooner dispose of any dog, whether or not the owner is known or whether it is licensed, if such dog is so ill or injured as to justify such disposal. Prior to such actions, the owner shall be notified, if known, and given the opportunity to provide any special euthanizing instructions to the Animal Control Officer, which instructions should be carried out at the expense of the owner.
E.
Weekly report of animals seized. The Animal Control
Officer shall submit a weekly report to the office of the Clerk of
the Township of North Brunswick, which report shall contain a description
of each animal seized pursuant to the provisions of this chapter,
the reason for such seizure and the disposition made of such animal.
[Amended 4-19-2010 by Ord. No. 10-09]
F.
Quarterly report of animals captured, destroyed and
redeemed. The office of the Clerk of the Township of North Brunswick
shall render a quarterly report to the Board of Health and the Mayor
and Council, which report shall contain the following information:
[Amended 4-19-2010 by Ord. No. 10-09]
G.
Invading premises to seize dogs. Any officer or agent
authorized or empowered to perform any duty under this chapter is
hereby authorized to go upon any premises to seize for impounding
any dog which he may lawfully seize and impound when such officer
is in immediate pursuit of such dog, except upon the premises of the
owner of the dog if the owner is present and forbids the same.
It shall be the duty of the Sanitary Inspector
of the Board of Health, the Health Officer of the Board of Health
and of each member of the Police Department of the Township to assist
in carrying out the provisions of this chapter and to enforce the
provisions of this chapter.
A.
Interference with officer. No person shall hinder,
molest or interfere with anyone authorized or empowered to perform
any duty under this chapter.
B.
Permitting dogs to commit nuisances. No person owning
or having the care or custody of a dog shall knowingly or negligently
permit any dog to commit any nuisance upon any public street nor other
thoroughfare nor upon any crosswalk of any public street or thoroughfare
nor in or upon any public building or any approach to such building
nor in or upon any public park or public playground nor upon the property
of another, nor shall any such person omit to do any reasonable and
proper act nor omit to take any reasonable and proper precaution to
prevent any such dog from committing a nuisance in or upon any of
the places or premises herein specified. It shall be the duty of each
dog owner to remove any feces left by his dog on any sidewalk, gutter,
street or other public area.
C.
Dogs damaging shrubbery, flowers, etc. No person owning,
keeping or harboring a dog shall permit or suffer it to do any injury
or damage to any lawn, shrubbery, flowers, grounds or property of
another.
D.
Howling or barking dogs. It shall be unlawful for
any person to possess or harbor upon his premises any dog which shall,
by howling or barking, make any disturbing noises in any neighborhood
in the Township.
E.
Dogs running at large. No person owning, keeping or
harboring any dog shall suffer or permit such dog to be outside unless
such dog is accompanied by a person capable of controlling the dog
and unless such dog is securely confined by an adequate leash. The
only exceptions to the aforementioned provision is if a dog is kept
on private property which is completely fenced in or which is provided
with a hidden wireless fence that is posted, or if a dog is being
transported in a dog crate or carrier. Any owner whose dog shall be
found running at large in the Township off the premises of the owner
of such dog shall, upon conviction, be subject to pay a fine of not
less than $10 nor more than $50 for the first offense or to imprisonment
for a term of not less than five days nor more than 10 days, or both,
at the discretion of the Municipal Court. For a subsequent violation,
such owner shall be subject to a fine of not less than $15 nor more
than $100 or to imprisonment for a term of not more than 20 days,
or both, at the discretion of the Municipal Court.
[Amended 4-14-2003 by Ord. No. 03-14; 11-7-2005 by Ord. No.
05-32]
F.
No person shall commit any act of cruelty or shall
treat any dog in an inhumane manner. Any person who shall violate
this subsection shall be subject to a fine not to exceed $250.
[Amended 4-14-2003 by Ord. No. 03-14]
G.
Unattended dog in a vehicle. No person shall leave
any dog unattended in a vehicle under inhumane conditions adverse
to the health or welfare of the dog. Any person who shall violate
this subsection shall be subject to a fine not to exceed $250.
[Added 4-14-2003 by Ord. No. 03-14]
H.
Abandonment of a dog. No person shall abandon a dog.
Any person who shall violate this subsection shall be subject to a
fine of $500. Any person who shall abandon a dog near a roadway shall
be subject to a fine of $1,000.
[Added 4-14-2003 by Ord. No. 03-14]
I.
Barter or sale, of dog flesh, fur or hair. No person
shall knowingly sell, barter or offer for sale or barter, at wholesale
or retail, the flesh, fur or hair of a domestic dog or any product
made in whole or in part from the flesh, fur or hair of a domestic
dog. This subsection shall not apply to the sale or barter, or offering
for sale or barter, of the fur or hair of a domestic dog cut at a
commercial grooming establishment or at a veterinary office or clinic
or for scientific research purposes. Any person who shall violate
this subsection shall be subject to a fine not to exceed $1,000.
[Added 4-14-2003 by Ord. No. 03-14]
J.
Proper care required. No person shall fail to provide
their animals with sufficient and wholesome food and fresh water,
proper shelter, protection from the weather, veterinary care when
needed to prevent suffering and with humane care and treatment. For
the purpose of this subsection, "proper shelter" shall be defined
as a doghouse with sound sides, top and bottom with a slanted roof
to provide runoff from the rain and snow. There shall be a covering
over the entranceway to prevent rain, wind and snow from entering
the structure, and the structure shall be large enough for the animal
to stand up in a natural position and turn around without touching
the top or sides of the structure.
[Added 11-7-2005 by Ord. No. 05-32]
K.
No pet shop or pet shop operator shall sell, offer for sale, barter,
auction, breed or otherwise improperly sell or dispose of dogs in
the Township of North Brunswick. Nothing contained herein shall prohibit
a shelter, pound or other establishment from keeping, displaying,
selling or otherwise transferring any dog that has been seized, rescued
or donated.
[Added 10-21-2013 by Ord. No. 13-22]
[Amended 4-14-2003 by Ord. No. 03-14; 11-7-2005 by Ord. No.
05-32]
A.
Maximum penalty. For violation of any provision of
this chapter, the maximum penalty, upon conviction, shall be a fine
not exceeding $1,250.
B.
Separate violation. Except as otherwise provided,
each and every day in which a violation of any provision of this chapter
exists shall constitute a separate violation.
C.
Application. The maximum penalty stated in this chapter
is not intended to state an appropriate penalty for each and every
violation. Any lesser penalty, including a nominal penalty or no penalty
at all, may be appropriate for a particular case or violation.
