[Adopted 12-9-1969 by Ord. No. 1969-19 (Secs. 2.44.010 to 2.44.200 and 2.44.210 of the 1995 Code)]
As used in this article, the following terms
shall have the meanings indicated:
Cat or dog.
Both male and female.
Any dog, bitch or spayed bitch.
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 harboring, keeping and having any right of property in
a dog or dogs or cat or cats within the Township of Cinnaminson.
[Amended 4-11-1990 by Ord. No. 1990-6]
When applied to the proprietorship of a dog shall include
every person having a right of property in that dog and every person
who has that dog in his keeping, and when applied to the proprietorship
of any other animal, including, but not limited to, a cat, shall include
every person having a right of property in that animal and every person
who has that animal in his keeping.
[Amended 4-11-1990 by Ord. No. 1990-6[1]]
Any place of business which is not part of a kennel, 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.[2]
Any dog or dog hybrid declared potentially dangerous pursuant
to N.J.S.A. 4:19-23.
[Added 12-12-1990 by Ord. No. 1990-31]
An establishment for the confinement of dogs or other animals
seized either under the provisions of this article or otherwise.[3]
Any establishment where dogs or other animals are received,
housed and distributed.[4]
Any dog or dog hybrid declared vicious pursuant to N.J.S.A.
4:19-22.
[Amended 12-12-1990 by Ord. No. 1990-31]
[Amended 4-11-1990 by Ord. No. 1990-6]
A.
It shall be unlawful for any person to own, as defined,
a dog or cat in the Township of Cinnaminson without having obtained
a license for it in compliance with provisions set forth in this article.
B.
A license shall be required for any dog or cat which
has attained the age of seven months or which possesses a set of permanent
teeth.
[Amended 4-11-1990 by Ord. No. 1990-6]
An official shall be designated by the Township
Committee as Domestic Animal Registrar for the purpose of issuing
licenses and maintaining records of registration of the dogs and cats
within the Township.
A.
Any person who owns a dog that has reached licensing
age shall annually, in the month of January, obtain a license and
official metal registration tag for each dog so owned. Any person
who owns a cat that has reached licensing age shall annually, in the
month of July, obtain a license and official metal registration tag
for each cat so owned.
[Amended 4-11-1990 by Ord. No. 1990-6]
B.
The owner of a newly acquired dog or cat of licensing
age or of any dog or cat which attains licensing age shall make application
for the license and registration tag for such dog or cat within 10
days after such acquisition of age attainment.
[Amended 4-11-1990 by Ord. No. 1990-6]
C.
Any person who brings or causes to be brought into
the Township any dog or cat licensed in another state for the current
year and bearing a registration tag for such dog or cat, who shall
keep the same or permit the dog or cat to be kept within the Township
for a period of more than 90 days, shall, immediately upon the conclusion
of said ninety-day period, apply for a license and registration tag
for such dog or cat.
[Amended 4-11-1990 by Ord. No. 1990-6]
D.
Any person bringing or causing to be brought into
the Township any unlicensed dog or cat and who shall permit the dog
or cat to remain in the Township for a period of more than 10 days
shall immediately apply for a license and registration tag for such
dog or cat upon conclusion of said ten-day period.
[Amended 4-11-1990 by Ord. No. 1990-6]
E.
Dogs used as guide dogs for blind persons and commonly
known as "Seeing Eye" dogs, dogs used to assist handicapped persons
and commonly known as "service dogs" and dogs used to assist deaf
persons and commonly known as "hearing ear" dogs shall be licensed
and registered as other dogs provided for in this article, except
that the owner, as defined herein, shall not be required to pay any
fee therefor.[1]
[Amended 4-11-1990 by Ord. No. 1990-6]
A.
The application shall state the breed, sex, age, color
and markings of the dog or cat for which license and registration
is sought and whether it is of a long-haired or short-haired variety;
also the name, street and post office address of the owner and the
person who shall be harboring such dog or cat.
[Amended 4-28-1970 by Ord. No. 1970-16; 12-11-1979 by Ord. No. 1979-11; 12-8-1981 by Ord. No. 1981-18; 12-13-1983 by Ord. No. 1983-22; 4-11-1990 by Ord. No. 1990-6; 11-10-1993 by Ord. No.
1993-19; 3-18-1998 by Ord. No. 1998-1; 12-19-2001 by Ord. No.
2001-13; 12-17-2003 by Ord. No. 2003-20]
A.
License fee. The fee for issuance of a dog license and each renewal thereof, and the fee for issuance of a cat license and each renewal thereof shall be as set forth in Chapter 265, Fees.
[Amended 12-13-1983 by Ord. No. 1983-22; 4-11-1990 by Ord. No. 1990-6]
A.
The Domestic Animal Registrar shall, upon issuing
the license as herein provided, at the same time issue to the applicant
an identification tag of metal or other suitable material.
B.
Said identification tag shall have printed or stamped
plainly thereon "Licensed, Township of Cinnaminson," the current year
and a distinct, different number for each dog or cat. A careful record
of each such number and the accompanying license shall be maintained
by the Domestic Animal Registrar, particularly for identifying lost,
strayed or impounded dogs and/or cats.
C.
The shape of the identification tag shall be alternated
each year, and upon satisfactory proof to the Domestic Animal Registrar
that a license tag has been lost, worn or damaged beyond further use
or cannot be found, the Domestic Animal Registrar shall issue to the
same applicant, upon payment of a fee of $1, a new tag, but of a new
and different number, and a notation of the transaction shall also
be made on the office file for the number originally issued.
[Amended 4-21-2004 by Ord. No. 2004-7]
B.
The owner of a dog kennel shall procure, in lieu of
an individual license for each dog, a kennel license annually in the
month of January, which license shall expire on December 31 of each
year.
D.
The application for a kennel license shall state the
name and address of the owner of said kennel, the location of the
kennel and the number of dogs that shall be accommodated and shall
be accompanied by written approval of the Township Clerk and Health
Officer showing compliance with the local and state rules and regulations
governing location of and the sanitation of such establishment.
E.
The kennel license is not transferable.
[Amended 12-12-1990 by Ord. No. 1990-31; 5-15-2002 by Ord. No. 2002-11]
A.
It shall be unlawful for any person, association or
corporation owning, keeping, harboring or having the custody or possession
of any dog, whether registered or not, to permit such dog to be in
or upon any public street, avenue or highway, or in any public street,
avenue or highway, or in any public or quasi-public place in the Township
of Cinnaminson, unless such dog shall be led by a chain, cord, thong
or other leash in the hands of a person capable of leading and controlling
such dog or shall be securely confined in an automobile or other vehicle.
B.
A female dog in heat must be confined to the house
or pen. When she is being exercised or walked, she must be on lead
with a responsible adult. During this period in heat, said dog shall
not be chained in an open yard or area at any time.
C.
No person, corporation or association, with the exception
of duly appointed public officials or employees acting in their official
capacity, shall keep, harbor or have custody or possession, within
the Township of Cinnaminson, of any dog which has been or shall be
intentionally trained to attack, injure, maim or kill any human being
or domestic pet voluntarily or upon command.
[Added 12-12-1990 by Ord. No. 1990-31]
A.
State law incorporated by reference. The state statute
governing vicious and potentially dangerous dogs, N.J.S.A. 4:19-17
et seq., is hereby incorporated in this article by reference.
B.
Liability of owner for costs of impoundment and destruction.
If a dog is declared vicious or potentially dangerous pursuant to
N.J.S.A. 4:19-17 et seq. and all appeals pertaining thereto have been
exhausted, the owner of the dog shall be liable to the actual cost
and expenses of impounding and destroying the dog, convening the panel,
notices and such other administrative functions as may be required
to be provided by the Township. The owner shall incur the expense
of impounding the dog in a facility other than the shelter(s) used
for municipal impounding purposes regardless of whether the dog is
ultimately found to be vicious or potentially dangerous.[1]
C.
Licensing, registration and identification of potentially
dangerous dogs.
(1)
The owner of a dog declared potentially dangerous
pursuant to N.J.S.A. 4:19-23 shall apply to the Township Clerk for
a potentially dangerous dog license municipal registration number
and red identification tag. The Township Clerk shall issue the same
upon written verification from the municipal Animal Control Officer
that the owner has complied with the orders of the panel convened
pursuant to N.J.S.A. 4:19-21. The owner shall annually renew said
potentially dangerous dog license.
D.
Telephone number for reporting violations of N.J.S.A.
4:19-17 et seq. The Township Clerk shall publicize a telephone number
for reporting violations of the act establishing requirements for
owners of vicious and potentially dangerous dogs, N.J.S.A. 4:19-17
et seq., and shall forward this number to the State Department of
Health and Senior Services.
[Amended 4-11-1990 by Ord. No. 1990-6]
Every dog and cat required to be licensed under
this article shall at all times wear a substantial durable collar
to which shall be attached securely the registration tag required.
No person, except an officer in the performance of his duty, shall
remove a registration tag from the collar of any dog or cat without
the consent of the owner, nor shall any person attach a registration
tag to a dog or cat for which it was not issued.
The Township Committee may contract any established
humane society, animal welfare group or dog warden to pick up, impound
and dispose of dogs impounded, at a fixed rate of compensation and
for a specified period of time. The term "Dog Controller" shall be
used hereinafter to refer to a humane society, group or organization,
as appropriate.
A canvass of dogs in the Township shall be taken
by the Dog Controller or by a person appointed by the Township Committee,
which individual shall, biennially, on or before May 1 of the year
in which the canvass is made, render a report to the Domestic Animal
Registrar, to the Township Board of Health and to the State Department
of Health and Senior Services of the results of the canvass, setting
forth the names and addresses of the persons owning unlicensed dogs
and the number of unlicensed dogs by each of said persons, with a
complete description of each unlicensed dog.
A.
Any dog running at large, or any dog off the premises
of the owner of said dog and not on a leash or under the direct and
immediate close control of a responsible person, or any dog a policeman
of the Township or the Dog Controller appointed by the Township has
reason to believe is a stray dog, or any dog off the premises of the
owner of said dog without a current registration tag on his collar
or any dog being or reasonably suspected of being rabid shall be seized
promptly by any police officer of the Township or by the Dog Controller
and impounded in the dog pound or shelter.
B.
The owner of said dog, if licensed, and if unlicensed,
the owner of said dog if known or if he can be ascertained upon reasonably
diligent inquiry, shall be notified, in writing, that the dog has
been seized and will be liable to be disposed of or destroyed if not
claimed within seven days after service of the notice.
C.
A notice under this section of this article may be
served either by personal delivery to the owner or by leaving it at
the owner's usual or last known place of abode or at the address given
on the dog's permit application form or by forwarding a notice by
mail in a prepaid letter addressed to the owner at his last abode.
D.
Where any dog has been seized and detained for seven days after the giving of notice or where no notice has been able to be given and the dog has been detained for seven days after seizure, the said dog has not been claimed by its owner, and all expenses incurred by reason of its detention, including maintenance, in the amount as set forth in Chapter 265, Fees, and costs of picking up and detaining the dog in the amount as set forth in Chapter 265, Fees, have not been paid, and if the dog be unlicensed at the time of his seizure and the owner of said dog has not produced a license or registration tag for said dog, the Chief of Police or the Dog Controller may cause the dog to be destroyed in a manner causing as little pain as possible.
[Amended 1-27-1970 by Ord. No. 1970-1]
E.
A dog impounded on account of being or reasonably
suspected of being rabid or having been bitten by a rabid dog shall
be held for a period of 10 days after seizure unless death occurred
before the expiration of 10 days. If the dog survives the quarantine,
it shall be returned to its owner promptly on the day after the 10th
day of detention and without any cost to its owner, having been properly
fed and cared for during the ten-day period.
F.
The Chief of Police or Dog Controller may segregate
from unclaimed dogs to be put to death such worthy or valuable dogs
as may be purchased because of their value or because previous request
has been received to purchase the same.
A.
The Dog Controller shall keep a careful record of
all dogs received by him, describing each dog carefully, describing
clearly and fully the disposition of each dog.
B.
A pound or shelter shall be kept at all times in a
sanitary manner, be managed efficiently and humanely, and the dogs
shall be fed properly.
A.
When upon written certification of the Township Public
Health Officer it is considered that a dog is rabid or has actually
been bitten within the previous 10 days by a dog or other animal rabid
or reasonably suspected of being rabid, a copy of such certification
shall be given to the owner of the dog at the same time, and thereupon
the dog mentioned and described fully in the certification shall be
seized on or off the owner's premises by the Dog Controller and by
him only, without the necessity of arrest warrant or court order,
and impounded in the dog pound and kept impounded for a period not
exceeding 10 days; promptly on the day after the 10th day of detention,
it shall be returned to its owner without any cost whatever to its
owner, having been properly cared for and fed during the ten-day period.
The cost of board for the dog during the mandatory period shall be
paid by the Township.
B.
As alternative quarantine, the owner may designate
a nearby and convenient veterinary hospital within the State of New
Jersey as quarters for the 10 days, and all charges shall be paid
by the owner of the dog.
[Amended 4-12-1989 by Ord. No. 1989-10[1]]
A.
No person shall keep, harbor or own any dog which
by habitual barking, yelping or howling, or by the creation of obnoxious
odors or by constant threat of biting, shall cause clear annoyance
to people passing to and fro upon the public streets or to people
on neighboring properties. No person owning a dog within the Township
shall permit such animal to run through or across cultivated gardens
and fields. The foregoing behavior of any dog is hereby declared to
be a nuisance.
B.
No person shall be cruel or inhumane to a dog, said
cruelty and inhumanity consisting of biting, torturing, mutilating
or cruelly killing or clear failure to provide food, drink or shelter
for a dog or abandoning an old, sick or disabled dog.
A.
No person, which shall be defined to include a family
unit, corporation or association, shall keep, harbor or have possession
or custody of more than four animals on any one residential premises
within the Township. This restriction shall not include the temporary
keeping of newborn animals which have been born to a female animal
kept on the same premises prior to the time of the birth of said animals.
This section shall not apply to duly licensed kennels and pet shops
as set forth in this article.
B.
Those persons, as defined in Subsection A of this section, who at the effective date of this article shall have in their possession animals exceeding the number of animals permitted in Subsection A shall for the lifetime of said animal be permitted to keep the same. However, said persons, as the number of animals in their possession decreases due to death or for whatever reason, shall not be permitted to replace said animals. It is the intent of this section to bring those persons, who on the effective date of this article have more than the permitted number of animals, into compliance with this section without requiring said persons to, on the effective date of this article, immediately dispose of their animals to meet the requirements of this section.
A.
Public nuisance defined. Within the purview of this
section, a 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 users or occupants
thereof.
B.
Duties of owners or custodians. Any person who owns,
keeps or harbors any cat at any place within the Township of Cinnaminson
or who permits any cat to enter the corporate limits of the Township
shall license said cat pursuant to the provisions of this article
and shall exercise sufficient and proper care of and control over
such animal at all times so as to prevent the same from becoming a
public nuisance, as defined in this section.
[Amended 4-11-1990 by Ord. No. 1990-6]
C.
Seizure and custodial care. The Animal Control Officer
or other person designated by the Township Committee as a person authorized
to enforce the provisions of this section shall, upon receipt of a
complaint that a cat is a public nuisance as defined herein, seize
said cat and keep the same in his care and custody for a period of
seven full days from the date of apprehension.
D.
Notice of seizure. If any cat apprehended pursuant
to the provisions of this section bears any identification of ownership
or place of abode, the Animal Control Officer or other duly authorized
apprehending official shall, on the day of apprehension, notify the
owner or the occupant of said place of abode that the animal has been
apprehended and that it may be claimed at a designated location, subject
to the provisions of this section.
E.
Provisions for reclaiming. During the aforementioned seven-day custodial period, any cat so incarcerated may be claimed by its owner upon payment to the Animal Control Officer or other duly authorized custodian of the sum as set forth in Chapter 265, Fees, for each day or fraction thereof that said cat has been in custody and the cost of picking up and detaining said cat as set forth in Chapter 265, Fees.
F.
Disposition of unclaimed cats. Any cat which has been
seized pursuant to this section and which has not been reclaimed during
the custodial period herein set forth may be claimed by any person
willing to assume the responsibilities of ownership; otherwise said
cat may be disposed of by the Animal Control Officer or other duly
designated official in as humane a manner as possible.
G.
Inoculation requirements. All cats required to be
licensed pursuant to the provisions of this article shall also be
inoculated against rabies by August 1 of each year. A certificate
demonstrating that the inoculation was performed shall be filed with
the Domestic Animal Registrar by August 1 of each year.
[Amended 4-11-1990 by Ord. No. 1990-6]
Except as provided in N.J.S.A. 4:19-15.19, any
person who violates any provision of this article shall, upon his
first conviction, be liable for a fine not to exceed $50; for a second
conviction, be liable for a fine of not less than $25 nor more than
$100; and for a third and subsequent convictions, be liable for a
fine of not less than $50 nor more than $200.
