The following words and terms shall have the
meanings herein indicated for the purposes of this article:
Any member of the canine species, male, female or altered.
[Amended 11-10-2009 by Ord. No. 2009-24]
Any dog which has attained the age of seven months or which
possesses a set of permanent teeth.
A fence which is designed to contain dogs within its boundaries
by using a hidden electronic signal intended to contain the dog within
the electronic boundaries of the fence.
Any person exercising control over a dog or permitting a
dog to remain on premises under his control.
Any establishment wherein or whereon the business of boarding
or selling dogs or breeding dogs for sale is carried on, except a
pet shop.
When applied to the proprietorship of a dog, includes every
person having a right of property in such dog and every person who
has such dog in his keeping.
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.
[Amended 11-10-2009 by Ord. No. 2009-24]
Any dog or dog hybrid which has been declared by a Municipal
Judge to be potentially dangerous.
An establishment for the confinement of dogs seized either
under the provisions of this article or otherwise.
Any establishment where dogs are received, housed and distributed.
Any dog or dog hybrid which has been declared by a Municipal
Judge to be a vicious dog.
A.
License, when required. Licenses shall be required
for the following dogs of licensing age:
(1)
Any dog owned or kept within the Township by a resident
of the Township on the first day of January of any calendar year.
(2)
Any dog acquired by any person during the course of
any calendar year and kept within the Township for more than 30 days
after acquisition.
(3)
Any dog attaining licensing age during the course
of the calendar year.
(4)
Any unlicensed dog brought into the Township by any
person and kept within the Township for more than 30 days.
(5)
Any dog licensed by another state brought into the
Township by any person and kept within the Township for more than
90 days.
B.
Application for license.
(1)
Each application for a license under this article
shall give the following information:
(a)
A general description of the dog sought to be
licensed, including breed, sex, age, color and markings, and whether
such dog is of a long- or short-haired variety.
(b)
The name, street and post office address of
the owner of, and the person who shall keep or harbor, such dog.
(c)
Proof of the dog's inoculation against rabies.
(2)
Registration numbers shall be issued in the order
in which applications are received.
C.
Application for license, when made. Applications for licenses for dogs which are required to be licensed by the provisions of Subsection A(1) shall be made before the first day of March of each calendar year. In all other cases, the application for a license shall be made within 30 days of the day upon which the dog in question first becomes subject to the provisions of this section.
D.
License record. The information on all applications
under this article and the registration number issued to each licensed
dog shall be preserved for a period of three years by the Board of
Health. In addition, it shall forward similar information to the State
Department of Health each month on forms furnished by the Department.
E.
The person applying for a license shall pay a fee
of $15 for each dog, or $12 for neutered or spayed dogs. In the event
that more than two dogs shall be registered, then each dog's registration
fee, thereafter, shall be $6 for neutered dogs, and $9 for non-neutered
dogs. The same fees shall be charged for the annual renewal of each
license and registration tag. Persons who fail to obtain a license
as required within the time period specified in this section will
be subject to a delinquent fee of $5.
[Amended 11-10-2009 by Ord. No. 2009-24]
F.
Expiration date. Each dog license and registration
tag shall expire on the last day of February of the calendar year
following the calendar year in which it was issued.
G.
Exceptions. The provisions of this section shall not apply to any dog licensed under § 61-3 of this article. Dogs used as guides for blind persons and commonly known as "Seeing Eye" dogs shall be licensed in the same manner as other dogs, except that the owner or keeper shall not be required to pay any fee. Any valid license issued by another New Jersey municipality for the current year shall be accepted as evidence of compliance and no Manalapan Township license must be issued.
H.
Loss of license. If a license tag has been misplaced
or lost, the licensing official may issue a duplicate license for
that particular dog at a fee of $1.
A.
License required. Any person who keeps or operates
or proposes to establish a kennel, pet shop, shelter or pound shall
apply to the Board of Health for a license entitling him to keep or
operate such establishment. Any person holding such license shall
not be required to secure individual licenses for dogs owned by such
licensee and kept at such establishments; such licenses shall not
be transferable to another owner or different premises.
B.
Application information. The application shall contain
the following information:
(1)
The name and permanent and local address of the applicant.
(2)
The street address where the establishment is located
or proposed to be located, together with a general description of
the premises.
(3)
The purposes for which it is to be maintained.
(4)
The maximum number of dogs to be accommodated by such
establishment at any one time.
C.
Approval of Health Officer. No license shall be issued
until the proposed licensee submits a written statement from the Health
Officer of the Board of Health that the establishment or proposed
establishment complies with local and state rules governing the location
of and sanitation at such establishment.
D.
License term. 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 June of each year.
F.
Compliance with state regulations.
(1)
All licenses issued for a kennel, pet shop, shelter
or pound shall be subject to revocation by the Township Committee
on recommendation of the State Department of Health or the Board of
Health for failure to comply with the rules and regulations of the
State Department of Health or the Board of Health, after the owner
has been afforded a hearing by either the State Department of Health
or the Board of Health.
(2)
Any person holding a license to establish, keep or
operate 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 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
of dogs within and from such establishments.
G.
Reports to State Health Department. The Board of Health
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 the kind of license issued.
H.
Control of dogs off premises. 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.
A.
License fees and other moneys collected or received
under the provisions of this article, except the registration tag
fees, shall be forwarded to the Township Treasurer 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 only: collecting, keeping and disposing
of dogs liable to seizure under this article; local prevention and
control of rabies; providing antirabies treatment under the direction
of the local Board of Health for any person known or suspected to
have been exposed to rabies; all other purposes prescribed by the
statutes of New Jersey governing the subject; and for administering
the provisions of this article. Any unexpended balance remaining in
such special account 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 section. At the end of the third fiscal year following
and at the end of each fiscal year thereafter, there shall be transferred
from such special account to the general funds of the Township any
amount then in such account which is in excess of the total amount
paid into the special account during the last two fiscal years next
preceding.
B.
The registration tag fee for each dog shall be forwarded
within 30 days after collection by the Board of Health to the State
Department of Health.
The Board of Health of the Township shall annually
cause a canvass to be made of all dogs owned, kept or harbored within
the limits of the Township at least once every two years and shall
report to the Clerk, the Board of Health and to the State Department
of Health the results thereof, setting forth in separate columns the
names and addresses of persons owning, keeping or harboring dogs;
the number of licensed dogs owned, kept or harbored by each person,
together with the registration number of each dog; and the number
of unlicensed dogs owned, kept or harbored by each person, together
with a complete description of each unlicensed dog.
A.
Complaints and investigation. It shall be the duty of the Police Department and the Animal Control Officer to receive and investigate complaints against dogs. If they reasonably believe any dog complained of to have rabies or to be a vicious dog, or potentially dangerous dog, as defined in § 61-1, they shall report their findings in writing to a Municipal Judge.
(1)
The Animal Control Officer shall notify the Municipal
Judge and the Municipal Health Officer immediately that he/she has
seized and impounded a dog pursuant to this article, or that he/she
has reasonable cause to believe that a dog has killed another domestic
animal and that a hearing is required. The Animal Control Officer
shall through a reasonable effort attempt to determine the identity
of the owner of any dog seized and impounded pursuant to this article.
If its owner cannot be identified within seven days, that dog may
be humanely destroyed.
(2)
The Animal Control Officer shall, within three working
days of the determination of the identity of the owner of a dog seized
and impounded pursuant to this article, notify by certified mail,
return receipt requested, the owner concerning the seizure and impoundment
and that, if the owner wishes, a hearing will be held to determine
whether the impounded dog is vicious or potentially dangerous. This
notice shall also require that the owner return within seven days,
by certified mail or hand delivery, a signed statement indicating
whether he/she wishes the hearing to be conducted or, if not, to relinquish
ownership of the dog, in which case the dog may be humanely destroyed.
If the owner cannot be notified by certified mail, return receipt
requested, or refuses to sign for the certified letter, or does not
reply to the certified letter with a signed statement within seven
days of receipt, the dog may be humanely destroyed.
B.
Destruction of rabid dogs; notice.
(1)
All dogs noticeably infected with rabies and displaying
vicious propensities may be killed by the Animal Control Officer or
other authorized persons, without notice to the owner. The owner shall
be notified of such killing within three days as to the reason for
the killing.
(2)
If a dog is believed to have rabies or has been bitten
by a dog suspected of having rabies, such dog shall be confined by
a leash or chain on the owner's premises and shall be placed under
the observation of a veterinarian at the expense of the Township for
a period of two weeks.
(3)
It shall be unlawful for any person knowing or suspecting
that a dog has rabies to allow such dog to be taken off his premises
or beyond the limits of the Township without the written permission
of the Animal Control Officer or any other authorized persons. Every
owner, or other person, upon ascertaining a dog rabid, shall immediately
notify the Animal Control Officer, a policeman or any other authorized
persons, who shall either remove the dog to the pound or summarily
destroy it.
A.
Causes for impounding. The Animal Control Officer
shall take into custody and impound, or cause to be taken into custody
and impounded, any of the following dogs:
(1)
Any unlicensed dog running at large in violation of
the provisions of this article.
(2)
Any dog off the premises of the owner of or the person
keeping or harboring such dog which the Animal Control Officer or
his agent has reason to believe is a stray dog.
(3)
Any dog off the premises of the owner of or the person
keeping or harboring such dog without a current registration tag on
its collar.
(4)
Any female dog in season off the premises of the owner
of or the person keeping or harboring such dog.
(5)
Any dog which has been determined to be a vicious dog or a potentially dangerous dog as provided in § 61-6, provided that such dog may also be seized by any police officer, and provided further that, if such dog cannot be seized with safety, it may be killed.
(6)
Any dog or other animal which is suspected to be rabid.
(7)
Any dog or other animal off the premises of the owner
reported or observed by the Animal Control Officer to be ill, injured
or creating a threat to the public health, safety and welfare or otherwise
interfering with the enjoyment of property.
(8)
Any dog or dog hybrid which the Animal Control Officer
has reasonable cause to believe has attacked a person or caused death
or serious bodily injury as defined in N.J.S.A. 2C:11-1(b) to that
person; or has caused bodily injury as defined in N.J.S.A. 2C:11-1(a)
to a person during an unprovoked attack and poses a serious threat
of harm to persons or domestic animals; or has engaged in dog fighting
activities as described in N.J.S.A. 4:22-26; or has been trained,
tormented, badgered, baited or encouraged to engage in unprovoked
attacks upon persons or domestic animals.
B.
Access to premises. Any officer or agent authorized
or empowered to perform any duty under this article 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 it.
C.
Notice of seizure.
(1)
If any dog so impounded or seized wears a registration
tag, collar or harness having inscribed thereon or attached thereto
the name and address of any person, or if the owner of or the person
keeping or harboring the dog is known, the Animal Control Officer
shall immediately serve on the person whose address is given on the
collar, or on the person owning, keeping or harboring the dog, 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
service of the notice.
(2)
A notice under this subsection 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 mail in a prepaid letter
addressed to that person at his usual or last known place of abode
or to the address given on the collar.
D.
Disposition of unclaimed dogs. The Animal Control
Officer or his authorized representative, including an authorized
kennel, is empowered to cause the destruction, in as humane a manner
as possible, of any dog or other animal seized by him or otherwise
coming into his possession, under any of the following circumstances:
(1)
When any dog or other animal has not been claimed by the person owning, keeping or harboring same within seven days after notice or within seven days of the animal's detention when notice cannot be given to the person owning, keeping or harboring the dog or other animal in accordance with Subsection C and the administrative fee as provided in Subsection E has not been paid.
(2)
When any dog is unlicensed at the time it is seized
or otherwise comes into the possession of the Animal Control Officer,
and the person owning, keeping or harboring such dog has not produced
a current license and registration tag as provided in this article.
E.
Administrative fee. In order for a dog or other animal
to be returned to the person owning, keeping or harboring same, when
the dog or other animal has been seized by or otherwise comes into
the possession of the Animal Control Officer, there must be paid an
administrative fee, which is hereby established. This fee shall be
exclusive of any charges or fees of a kennel for the custody, care,
maintenance, control or disposal of the dog or other animal. The administrative
fee shall be payable to the Township in the following manner:
[Amended 10-27-2021 by Ord. No. 2021-17]
(1)
The
administrative fee for the return of a dog or other animal shall be
$60.
(2)
If the dog or other animal is returned to the person
owning, keeping or harboring same, at such person's home or place
of residence, the fee shall be payable within 10 days of the return,
or else the Animal Control Officer will issue a summons for failure
to pay the fee; or
(3)
If the dog of other animal is to be claimed by the
person owning, keeping or harboring the animal at a kennel, proof
of payment of the administrative fee must be presented at that time
to the kennel.
A.
Notice; hearing. The Municipal Judge shall notify
in writing the owner or keeper of an allegedly vicious or potentially
dangerous dog that a complaint has been made and require the person
to appear before him at a stated time and place for a hearing.
B.
Findings to declare dog vicious; grounds.
(1)
The Municipal Judge shall declare the dog vicious
if it finds by clear and convincing evidence that the dog:
(2)
A dog shall not be declared vicious for inflicting
death or serious bodily injury, as defined in N.J.S.A. 2C:11-1(b),
upon a person if the dog was provoked. The municipality shall bear
the burden of proof to demonstrate that the dog was not provoked.
(3)
If the Municipal Court declares a dog to be vicious,
and no appeal is made of this ruling pursuant to N.J.S.A. 4:19-25,
the dog shall be destroyed in a humane and expeditious manner, except
that no dog may be destroyed during the pendency of an appeal.
A.
The Municipal Judge shall declare a dog to be potentially
dangerous if it finds by clear and convincing evidence that the dog:
(1)
Caused bodily injury, as defined in N.J.S.A. 2C:11-1(a),
to a person during an unprovoked attack, and poses a serious threat
of bodily injury or death to a person; or
(3)
Has been trained, tormented, badgered, baited or encouraged
to engage in unprovoked attacks upon persons or domestic animals.
No person owning or keeping a vicious dog shall
permit the dog to be off the property of the owner or keeper without
being securely muzzled.
If the Municipal Judge declares the dog to be
potentially dangerous, it shall issue an order and a schedule for
compliance which, in part:
A.
Shall require the owner to comply with the following
conditions:
(1)
To apply, at his own expense, to the Municipal Clerk
or other official designated to license dogs pursuant to N.J.S.A.
4:19-15.2, for a special municipal potentially dangerous dog license,
municipal registration number, and red identification tag. The owner
shall, at his own expense, have the registration number tattooed upon
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.
(2)
To 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 required pursuant to Subsection A(3) of this section;
(3)
To immediately erect and maintain an enclosure for
the potentially dangerous dog on the property where the potentially
dangerous dog will be kept and maintained, which has sound sides,
top and bottom to prevent the potentially dangerous 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 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
a radius of no more than three feet from the owner and under the direct
supervision of the owner.
B.
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.
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 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.
A.
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 municipality in which the dog is
impounded for the costs and expenses of impounding and destroying
the dog. The municipality may establish by ordinance a schedule of
these costs and expenses. The owner shall incur the 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.
B.
If the dog has bitten or exposed a person within 10
days previous to the time of euthanasia, its head shall be transported
to the New Jersey State Department of Health laboratory for rabies
testing.
If the Municipal Judge finds that the dog is
not vicious or potentially dangerous, the Municipal Court shall retain
the right to convene a hearing to determine whether the dog is vicious
or potentially dangerous for any subsequent actions of the dog.
The owner of a potentially dangerous dog shall:
A.
Comply with the provisions of N.J.S.A. 4:19-17 et
seq. in accordance with a schedule established by the Municipal Court
but in no case more than 60 days subsequent to the date of determination;
B.
Notify the licensing authority, local Police Department
or force, and the Animal Control Officer if a potentially dangerous
dog is at large, or has attacked a human being or killed a domestic
animal;
C.
Notify the licensing authority, local Police Department
or force, and the Animal Control Officer within 24 hours of the death,
sale or donation of a potentially dangerous dog;
D.
Prior to selling or donating the dog, inform the prospective
owner that the dog has been declared potentially dangerous;
E.
Upon the sale or donation of the dog to a person residing
in a different municipality, notify the Department and the licensing
authority, Police Department or force, and Animal Control Officer
of that municipality of the transfer of ownership and the name, address
and telephone of the new owner; and
F.
In addition to any license fee required pursuant to N.J.S.A. 4:19-15.3,
pay a potentially dangerous dog license fee in the amount of $500
to the municipality as provided by N.J.S.A. 4:19-31.
[Amended 6-11-2014 by Ord. No. 2014-09]
The owner of a potentially dangerous dog which
is found by clear and convincing evidence to have violated this article,
or to have failed to comply with a court's order, shall be subject
to a fine of not more than $1,000 per day of the violation, and each
day's continuance of the violation shall constitute a separate and
distinct violation. The Municipal Court shall have jurisdiction to
enforce this section. An Animal Control Officer is authorized to seize
and impound any potentially dangerous dog whose owner fails to comply
with the provisions of N.J.S.A. 4:19-17 et seq., or any rule or regulation
adopted pursuant thereto, or a court's order. The Municipal Court
may order that the dog so seized and impounded be destroyed in an
expeditious and humane manner.
Each municipality shall:
A.
Issue a potentially dangerous dog registration number
and red identification tag along with a municipal potentially dangerous
dog license upon a demonstration of sufficient evidence by the owner
to the Animal Control Officer that he has complied with the court's
orders. The last three digits of each potentially dangerous dog registration
number issued by a municipality will be the three-number code assigned
to that municipality in the regulations promulgated pursuant to N.J.S.A.
4:19-33. The Animal Control Officer shall verify, in writing, compliance
to the Municipal Clerk or other official designated to license dogs
in the municipality.
B.
Publicize a telephone number for reporting violations
of this article. This telephone number shall be forwarded to the State
of New Jersey Department of Health, and any changes in this number
shall be reported immediately to the State of New Jersey Department
of Health.
No person shall own, keep or harbor a dog in
the Township except in compliance with the provisions of this article
and the following regulations:
A.
Wearing of registration. All dogs for which licenses
are required by the provisions of this article to be licensed shall
wear a collar or harness with the registration tag for such dog securely
fastened thereto.
B.
Use of registration tags. 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.
C.
Interference with official duties. No person shall
hinder, molest or interfere with anyone authorized or empowered to
perform any duty under this article.
D.
Disturbing the peace. No person shall own, keep, harbor
or maintain any dog which habitually barks or cries between the hours
of 8:00 p.m. and 8:00 a.m.
E.
Running at large. No person owning, keeping or harboring
any dog shall suffer to permit it to run at large outside the premises
of the owner unless the dog is restrained by a fence, enclosure or
leash or an electronic fence has been installed on the property and
an individual at least 12 years of age is present on the premises
at all times the dog remains outside.
F.
Leashing of dogs. No person owning, keeping or harboring
any dog shall suffer or permit it to be upon the public streets or
in any of the public places of the Township, unless such dog is accompanied
by a person over the age of 12 years and is securely confined and
controlled by an adequate leash not more than six feet long.
G.
Property damage. No person owning, keeping or harboring
a dog shall permit or suffer it to do any injury or to do any damage
to any lawn, shrubbery, flowers, grounds or property not belonging
to the owner or to cause injury to any livestock, person or domestic
animal.
H.
Electronic fences, as defined in § 61-1, may be installed on a property. Electronic fences shall comply with the following requirements:
(1)
Electronic fences installed after September 1, 2004,
may be installed no closer to the front property line than the front
of the existing structure of the home.
(2)
Electronic fences are prohibited in the front yards
of any property unless they were installed prior to September 1, 2004.
(3)
Any electronic fences that were properly installed
in the front yards of properties as of September 1, 2004, may remain,
provided that there are permanent signs next to the driveway and at
any sidewalk leading directly to the house indicating that the property
has an electronic fence.
The Township Committee may, by proclamation,
require all dogs and cats to be quarantined during such period in
each year as may seem advisable to the Township Committee.
A.
Penalty. Except as otherwise provided in this article,
any person who violates or fails or refuses to comply with this article
shall be liable for a penalty of up to $1,000 and six months imprisonment,
or both.
B.
The Board of Health shall have the power to appoint
an Animal Control Officer, whose duty it shall be to enforce the provisions
of this article. The Board of Health shall also have the power to
appoint one or more persons, to be known as "dog-catchers," who may
impound unlicensed dogs running at large in violation of the provisions
of this article and who shall make a monthly and annual report to
the Township Committee.
