[Adopted 12-30-1976 by Ord. No. 27-76]
This article shall be known and may be cited
as the "Dog Ordinance of the Township of Hanover (1976)."
Words and phrases as used in this article shall
have the meanings respectively ascribed to them in N.J.S.A. 4:19-15.1
et seq. The following additional definitions shall apply:
A place wherein dogs and/or domestic animals belonging to
persons other than the owner, tenant or occupant of the place are
kept or harbored for observation or treatment for a fee. The veterinarian
fees in connection with services for animals are the responsibility
of the pet owner.
The person or agent of the Township charged with the responsibility
of taking dogs into custody.
[Amended 8-9-2018 by Ord. No. 18-2018]
The Director of the Department of Administration or his authorized
agent.
Any person exercising control over a dog or permitting a
dog to remain on premises under his control.
An establishment for the confinement of dogs seized either
under the provisions of this chapter or otherwise.
Any dog which has attacked or bitten any human being or which
habitually attacks other animals.
In accordance with and pursuant to N.J.S.A.
4:19-15.1 et seq., all dogs in the Township of Hanover shall be licensed.
A.
The person applying for the license and registration tag shall pay a fee as provided in Chapter 125, Fees, of the Code of the Township of Hanover. Each annual renewal fee for the license and the registration tag shall be the same as for the original license and tag. The person applying for the license and registration tag shall provide evidence that the dog to be licensed and registered has been inoculated with a rabies vaccine of a type approved by and administered in accordance with the recommendations of the United States Department of Agriculture and the United States Department of Health, Education and Welfare or has been certified as exempt as provided by the regulations of the State Department of Health. Said license, registration tag and renewal thereof shall expire on the last day of January each year.
[Amended 12-13-1979 by Ord. No. 31-79; 11-21-1981 by Ord. No.
33-81; 7-11-1991 by Ord. No. 16-91]
B.
Any person who shall own, keep or harbor an unlicensed dog of licensing age after the last day of February of each year shall be required to pay an additional delinquent licensing fee as provided in Chapter 125, Fees, of the Code of the Township of Hanover, for each license applied for in addition to the regular license fee as provided herein.
[Amended 7-11-1991 by Ord. No. 16-91]
C.
Dogs used as guides for blind persons and commonly
known as "Seeing eye" dogs shall be licensed and registered as other
dogs hereinabove provided for, except that the owner or keeper of
such dogs shall not be required to pay any fee therefor.
D.
The owner of any newly acquired dog of licensing age or any dog which attains licensing age shall make application for a license and registration tag for such dog within 10 days after such acquisition or age attainment or such dog's attaining the age of seven months. Proof of acquisition must be presented in order to avoid the delinquent licensing fee as required under Subsection B.
A.
License required. Any person who keeps or operates
or proposes to establish a kennel, a pet shop, a shelter or a pound
shall apply to the Director for a license entitling him to keep and
operate such an establishment. The application form and license shall
be in conformity with N.J.S.A. 4:19-15.8.
B.
Consideration of application. The application for
a license shall come up for a public hearing and action before the
Township Committee, which shall take into consideration the suitability
and availability of the place for which the license is sought. If
the license is granted by the Township Committee, it shall be issued
by the Director.
C.
License fees. The annual fee for a kennel or pet shop providing accommodations for 10 or fewer dogs shall be as provided in Chapter 125, Fees, of the Code of the Township of Hanover. The annual license fee for a kennel or pet shop providing accommodations for more than 10 dogs shall be as provided in Chapter 125, Fees, of the Code of the Township of Hanover. There shall be no fee for a license to operate a shelter or pound.
[Amended 7-11-1991 by Ord. No. 16-91]
D.
Compliance with state and local regulations.
(1)
All licenses issued for kennels, pet shops, shelters
or pounds shall be subject to revocation by the Township Committee
on recommendation of the State Department of Health or the Director
for failure to comply with applicable rules and regulations, but only
after the owner has been afforded a hearing.
(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, the preservation of sanitation therein and the prevention
of the spread of rabies and other diseases of dogs within and from
such establishment.
E.
Proximity to residences. No public kennel, pet shop,
shelter or pound shall be operated or maintained in the Township,
and no license shall be granted, where a building in which any dog
or other animal is to be kept or harbored is located within 500 feet
of any residence containing sleeping quarters occupied as such. The
distance shall be measured from any part of a building or enclosure
or other location in which or at which any animal is kept or harbored.
The Director shall cause a canvass to be made
of all dogs owned, kept or harbored within the limits of the Township
and shall report 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 and the number of licensed dogs
owned, kept or harbored by each person, together with a complete description
of each unlicensed dog. Such canvass shall be made during the first
quarter of each year.
A.
Complaint, investigation, report. It shall be the
duty of the Animal Control Officer to receive and investigate complaints
against dogs. If the Animal Control Officer deems any dog complained
of to be a vicious dog, he shall report his findings, in writing,
to the Municipal Judge. An involved citizen may also report vicious
dog incidents, in writing, to the Municipal Judge.
[Amended 8-9-2018 by Ord. No. 18-2018]
B.
Notice, hearing.
(1)
The Municipal Judge shall notify, in writing, the
owner or keeper of an allegedly vicious dog that a complaint has been
made and shall require such person to appear before him at a stated
time and place for a hearing. The Municipal Judge shall conduct the
hearing in the same manner as he would conduct the trial of a criminal
case.
(2)
If the Municipal Judge decides that the dog complained
of is a vicious dog, he shall cause a record to be kept by the Clerk
of the Court and shall also cause a written copy to be served upon
the Chief of Police, upon the Director and upon the owner or harborer
of such dog.
(3)
Thereafter, if the same dog shall again be charged
with having attacked or bitten any human being or with having habitually
attacked other dogs or domestic animals, the Police Chief or Acting
Chief or Director shall file a complaint against such dog, charging
him under this section with attacking or biting a human being or with
attacking other dogs or domestic animals, as the case may be, for
the second time and shall serve a summons with a copy of the complaint
annexed upon the owner or harborer of such dog.
(4)
At the hearing, a certified copy of the record at
the prior hearing of the viciousness of such dog shall be admitted
into evidence. The Municipal Judge will thereupon inquire into the
facts and give all interested persons an opportunity to be heard under
oath and to be represented by counsel.
(5)
If the Municipal Judge finds from the evidence that
sufficient proof has been adduced to support the charge laid in the
complaint and further finds that there are reasonable grounds to believe
that the destruction of such a dog is necessary to prevent further
harm to persons and to domestic animals, he shall command the Animal
Control Officer of the Township to have such dog destroyed by a veterinarian,
at the owner's expense, as painlessly as possible within a specified
time, and such dog shall be confined to the care and control of the
Animal Control Officer forthwith, to be confined until such duty and
command is executed, as commanded and directed by the Municipal Judge;
provided, however, that the following shall be deemed to be valid
defenses in both of such hearings:
[Amended 8-9-2018 by Ord. No. 18-2018]
(a)
That the biting by such dog occurred while the
dog was confined on the property of the owner or harborer thereof
and was either securely chained or in a pen or other fenced-in area
thereon.
(b)
That the dog was provoked by the person or domestic
animal bitten or attacked, whether such biting or attacking occurred
on the premises of the owner or harborer of such dog or at any other
place in the Township.
C.
Control of vicious dogs. No person owning or keeping
a vicious dog shall permit such dog to be off the property of the
owner or keeper without being securely muzzled and on a leash unless
the dog is in a vehicle from which it cannot escape or protrude.
A.
Causes for impounding. The Animal Control Officer
shall take into custody and impound, or the Director shall cause to
be taken into custody and impounded, any of the following dogs:
[Amended 8-9-2018 by Ord. No. 18-2018]
(1)
Any unlicensed dog running at large in violation of
the provisions of this chapter.
(2)
Any dog off the premises of the owner or of 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 or of 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
or of the person keeping or harboring such dog.
B.
Access to premises. Any officer or agent authorized
or empowered to perform any duty under this chapter is hereby authorized
to go upon any premises and seize for impounding any dog which may
be lawfully seized and impounded, 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.
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 written
notice 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.
[Amended 8-9-2018 by Ord. No. 18-2018]
(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 and the Director are authorized and empowered to cause the
destruction of any unclaimed dog, in as humane a manner as possible,
under any of the following contingencies:
[Amended 8-9-2018 by Ord. No. 18-2018]
(1)
When any dog so seized has not been claimed by the person owning, keeping or harboring such dog within seven days after notice or within seven days of the dog's detention when notice has not been or cannot be given as set forth in Subsection C.
(2)
If the person owning, keeping or harboring any dog so seized has not claimed the dog and has not paid all expenses incurred by reason of its detention, including maintenance, not to exceed the sum as provided in Chapter 125, Fees, of the Code of the Township of Hanover.
[Amended 7-11-1991 by Ord. No. 16-91]
(3)
If the dog is unlicensed at the time of its seizure
and the person owning, keeping or harboring such dog has not produced
a license and registration tag as provided in this chapter.
No dog owner shall permit a dog to soil, defile,
defecate on or commit any nuisance on any common thoroughfare, sidewalk,
passageway, bypath, play area, park or anyplace where people congregate
or walk, or upon any public property whatsoever or upon any private
property without the permission of the owner, without having such
feces immediately removed by a sanitary method. Dog feces shall be
disposed of by the dog owner in a sanitary manner.
No person shall own, keep or harbor a dog in
the Township except in compliance with the provisions of this chapter
and the following regulations. The Director is authorized to adopt
further regulations in conformity with the intent and purpose of this
chapter.
A.
Wearing of registration tag. All dogs required by
the provisions of this chapter 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 chapter.
D.
Disturbing the peace. No person shall own, keep, harbor
or maintain any dog which habitually barks or cries to the annoyance
or disturbance of residents of the Township.
E.
Running at large. No person owning, keeping or harboring a dog or
other domestic animal shall permit such animals to run at large upon
the Township's public streets, or in or upon any Township athletic
field, recreation facility (e.g., tennis courts, hockey rinks, or
any other athletic playing court), public building or other public
place or any private property, other than the owner's property within
the Township.
[Amended 12-13-2018 by Ord. No. 34-18]
F.
Leashed dogs. No person owning, keeping or harboring any dog or domestic
animal shall permit such animals upon the Township's public streets
or in any other public place unless the dog or domestic animal is
accompanied by a responsible person and is securely confined and controlled
by an adequate leash not exceeding six feet in length. However, no
leashed dog or other domestic animal shall be permitted to enter upon
any Township athletic field, recreation facility (e.g., tennis courts,
hockey rinks, or any other athletic playing court), or public building.
Individuals accompanied by a leashed service animal are permitted
to enter upon any Township building, recreation facility, park or
athletic field, in accordance with the Americans with Disabilities
Act and the New Jersey Law Against Discrimination.[1]
[Amended 12-13-2018 by Ord. No. 34-18; 2-14-2019 by Ord. No. 7-19]
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq. and
N.J.S.A. 10:5-1 et seq., respectively.
G.
Property damage. No person owning, keeping or harboring
a dog shall permit it to do any injury or to do any damage to any
lawn, shrubbery, flowers, grounds or property.
H.
Number of dogs.[2] No person shall own, keep or harbor or suffer the keeping
or harboring within his household of more dogs than are set forth
in the following table:
[Amended 8-27-1987 by Ord. No. 28-87]
|
Zone
|
Maximum Number of Dogs Per Household
|
|---|---|
|
R-M
|
1
|
|
R-10, R-15, R-25 and R-40
|
3, plus 1 additional dog for every acre beyond
the minimum square footage for the zone, up to a maximum of 5 dogs
|
A.
Dog bites.
(1)
Where it has been determined by a physician that a
person has been bitten or abrased by a dog, such individual, or his
parent or guardian if he is a minor, shall immediately notify the
Board of Health (Health Administrator). When the owner of any dog
shall be notified by the Board of Health (Health Administrator) that
the dog has bitten any individual, the owner or keeper of the dog
must comply, as determined by the Health Administrator of the Board
of Health, with the following procedures:
(a)
Have the dog examined by a licensed veterinarian
within 12 hours if the owner cannot provide proof that the dog has
been vaccinated for rabies and the vaccine is still in effect.
(b)
Have the dog kept in quarantine for a period
of 10 days in the owner's home, at a veterinarian's office, at a kennel
or at any other place designated by notice given by the Board of Health
(Health Administrator). A dog which has not been vaccinated for rabies
shall not be permitted to be quarantined in the dog owner's home.
(c)
At the end of 10 days, have the dog reexamined
by a veterinarian and a written report of the dog's state of health
sent to the Board of Health (Health Administrator).
(2)
In the event that a dog owner refuses to quarantine
a dog, the owner shall be liable to the Township for the payment of
any costs incurred by the Township for causing the dog to be quarantined.
If payment is not made to the Township by the dog owner within 30
days after the dog owner has received written notice of the charges
due the Township for dog quarantine, the charges shall be considered
a penalty enforceable by action in the Municipal Court. The Township,
by any of its agents, may bring an action to enforce this penalty
in the Municipal Court after the time allowed, as provided in the
New Jersey Rules of Court, 4:70-1.
B.
Reporting of cases of rabies in animals. It shall
be the duty of all veterinarians or persons owning or having in their
possession or under their care or control or having knowledge of any
dog, cat or other animal affected with rabies or suspected of being
affected with rabies to forthwith notify the Board of Health (Health
Administrator) by telephone, telegraph or in person, if practicable,
and also in writing, signed by the person making the same, which report
shall state where such animal may be found and shall contain, if possible,
a description of the animal, the location of the animal and the name
and address of the owner.
C.
Transportation of quarantined animals. Animals confined
by quarantine established by provisions of N.J.S.A. 26:4-84 as the
result of the presence of rabies in the Township shall not be transported
from the Township unless permission shall be granted by the Department
of Health and the Health Administrator of the municipality or district
in this state into which such animal or animals are to be transported
under condition prescribed by the State Department of Health. In the
event that the destination of a quarantined animal is beyond the boundaries
of this state, permission must be obtained from the State Department
of Health.
The Township Committee may, by proclamation,
require all dogs and cats to be quarantined during such period in
each year as may seem advisable.
A.
Statutory penalties.
(1)
Any person who violates or fails or refuses to comply with §§ 117-3, 117-4, 117-5 and 117-10B and C of this chapter or the rules and regulations promulgated by the State Department of Health pursuant to N.J.S.A. 4:19-15.14 shall be liable to a penalty of not less than $5 nor more than $50 for each offense, to be recovered by and in the name of the local Board of Health of the municipality or by and in the name of the municipality, as the case may be, except that, in the case of a first offense in the cases of violations of §§ 117-3 and 117-4 of this chapter, the penalty shall be not less than $1 nor more than $50 to be recovered in the same manner. The Municipal Court of the Township shall have jurisdiction to hear and determine in a summary manner proceedings for violations of any of the provisions of this chapter. Penalties for such violations shall be enforced and recovered pursuant to the Penalty Enforcement Law, N.J.S.A. 2A:58-1 et seq.
(2)
A person who refuses or neglects to pay the amount
of a judgment rendered against him and the costs and charges incident
thereto shall be committed by the Court to the county jail for a period
not exceeding 10 days in a case of a first conviction and, in the
case of a conviction for a second, subsequent or continued violation,
for a period not exceeding 30 days.
B.
Other penalties.
(1)
Except as provided in Subsection A of this section, any person who violates or refuses to cooperate with any part of any other section of this chapter shall be subject to a fine not exceeding $1,000 or to imprisonment not exceeding 90 days, or both, in the discretion of the Court.
[Amended 7-11-1991 by Ord. No. 16-91]
(2)
A person who refuses or neglects to pay the amount
of a judgment rendered against him and the costs and charges incident
thereto shall be committed by the Court to the county jail for a period
not exceeding 10 days in a case of a first conviction and, in the
case of a conviction for a second, subsequent or continuer] violation.
for a period not exceeding 30 days.
