[HISTORY: Derived from Chapter VII of the
1972 Revised General Ordinances, as amended through 10-1-1998. Subsequent
amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 88.
As used in this chapter:
A certified municipal Animal Control Officer, or in the absence
of such an officer, the chief law enforcement officer of the municipality
or his or her designee.
Any dog, bitch or spayed bitch or dog hybrid.
Any dog which has attained the age of seven months or which
possesses a set of permanent teeth.
Any cat, dog or livestock other than poultry.
Any establishment where the business of boarding, selling
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 or her keeping.
Any room or group of rooms, cage or exhibition pen, not part
of a kennel, wherein dogs for sale are kept on display.
Any dog or dog hybrid declared potentially dangerous by the Court pursuant to § 60-23.1 of this chapter.
[Added 5-18-2010 by Ord. No. 2010-06]
Any establishment for the confinement of dogs seized under
the provisions of this section or otherwise.
Any establishment where dogs are received, housed and distributed
without charge.
Any dog or dog hybrid declared vicious by the Court pursuant to § 60-23.1 of this chapter.
[Added 5-18-2010 by Ord. No. 2010-06]
A.
No person shall own, keep or harbor any dog, within
the township, without obtaining a license therefor, to be issued by
the Township Clerk or Animal Control Officer, upon application by
the owner and payment of the prescribed fee, and no person shall keep
or harbor any dog except in compliance with the provisions of this
chapter.
B.
The owner of any dog may, if the license tag is mislaid,
stolen or lost, procure a replacement tag upon payment of the prescribed
fee. The owner must provide adequate proof that the dog is currently
licensed for the year in which the replacement tag is desired.
Any person who shall own, keep or harbor a dog
of licensing age shall in the month of January of each year, and annually
thereafter, apply for and procure from the Township Clerk or Animal
Control Officer a license and official metal registration tag for
each such dog so owned, kept or harbored and shall place upon each
dog a collar or harness with the registration tag securely fastened
thereto.
A.
The person applying for the license and registration
tag shall pay a fee as established herein for the licensing of each
dog. The licenses, registration tags and renewals thereof shall expire
on the last day of January of each year.
Dogs used as guides for blind persons and commonly
known as "Seeing Eye" dogs, dogs used to assist handicapped persons
commonly known as "service dogs" or dogs used to assist deaf persons
and commonly known as "hearing ear" dogs shall be licensed and registered
as other dogs as herein provided for, except that the owner or keeper
of such dog shall not be required to pay any fee therefor.
A.
Any dog owner or person harboring a dog, found to
have an unlicensed dog by the Animal Control Officer, dog canvasser
or any other municipal official after January 31 of any year, shall
be required to pay an additional delinquent fee as provided for herein
plus the required license and registration tag fees as provided in
this chapter, in addition to any fine imposed for failure to obtain
a dog license before February 1.
Only one license and registration tag shall
be required in any licensing year for any dog owned in New Jersey,
and such license and tag issued by any other municipality of this
state shall be accepted by the township as evidence of compliance
with this chapter.
The owner of any newly acquired dog of licensing age or of any dog which attains licensing age shall make application for license and registration tag for such dog within 10 days after such acquisition or age attainment. The fee shall be the same as required in § 60-4. Failure to obtain a license as provided herein shall result in a delinquent fee being imposed as set forth in § 60-6. The owner shall be required to present sufficient proof to establish that the dog was acquired after February 1 and that application has been submitted within the ten-day requirement.
A.
The application shall state the breed, sex, age, color
and markings of the dog for which license and registration are sought;
whether it is of a long-haired or short-haired variety; and the name,
street and post office address of the owner and the person who shall
keep or harbor such dog.
B.
There shall be provided with the application 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 Health,
Education and Welfare, or has been certified exempt as provided by
regulations of the State Department of Health. No license or metal
registration tag shall be issued without proof of inoculation as required
hereunder.
C.
The information on the application and the registration
number issued for the dog shall be preserved for a period of three
years by the Township Clerk. Registration numbers shall be issued
in the order of the application.
D.
The Township Clerk 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.
A.
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.
B.
Any person who shall bring or cause to be brought
into the township any unlicensed dog and shall keep the same or permit
the same to be kept within the township for a period of more than
10 days, shall immediately apply for a license and registration tag
for each such dog.
A.
No person, except an officer in the performance of
his or her 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.
B.
No licensed dog shall be allowed off the premises
of the person harboring or keeping the dog, without the metal registration
tag attached to its harness or collar.
A.
Any person who keeps or operates or proposes to establish
a kennel, a pet shop, a shelter or a pound shall apply to the Township
Clerk for a license entitling him or her to keep or operate such establishment.
B.
The application shall describe the premises where
the establishment is located or is proposed to be located, the purpose
or purposes for which it is to be maintained, and shall be accompanied
by the written approval of the Local Board of Health and the Planning/Zoning
Board, showing compliance with the local and state rules and regulations
governing location of and sanitation at such establishments.
C.
All licenses issued for a kennel, pet shop, shelter
or pound shall state the purpose for which the establishment is maintained.
Such license shall expire on the last day of June each year and shall
be subject to revocation by the township on recommendation of the
State Department of Health or the Local Board of Health for failure
to comply with the rules and regulations of the State Department of
Health or the Local Board of Health governing the same, after the
owner has been afforded a hearing by either the State Department of
Health or the Local Board of Health in accordance with the statutes
providing for such hearings.
D.
Any such person holding such license shall not be
required to secure individual licenses for dogs owned by him or her
and kept at such establishments. Such license shall not be transferable
to another owner or different premises.
E.
One female dog for breeding purposes may be kept by
not more than one person for each family household without obtaining
a kennel license for not more than one litter per year, and further
provided that the pups from such breeding shall be sold or disposed
of after seven months of age, unless kept as licensed dogs, and that
the female dog kept for breeding purposes must be registered as a
breed bitch each year when the license for the dog is obtained.
F.
G.
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 fee and other moneys collected or
received under this chapter shall be forwarded to the chief financial
officer of the township within 48 hours after collection or receipt
and shall be placed in a special account separate from any of the
other accounts of the township and such funds shall be used, expended
or transferred, after payment to the state of its statutory fees,
only in accordance with statutes of the State of New Jersey governing
and regulating the use, expenditure or transfer of such funds.
The Township Clerk 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.
The Township Manager and/or his or her designee
shall annually cause a canvass to be made of all dogs owned, kept
or harbored within the limits of the township on or before September
1 of each year. Report of such canvass shall be made to the Local
Board of Health 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 unlicensed dogs, the number
of unlicensed dogs owned, kept or harbored by each of said persons,
together with a complete description of each said unlicensed dog.
The Township Manager shall appoint a licensed
Animal Control Officer to enforce the provision of this chapter. The
Township Council may, at its discretion, choose to provide for animal
control services through an interlocal services agreement with another
municipality or municipalities.
A.
The Animal Control Officer or other persons designated
by the Mayor and Council shall take into custody and impound or cause
to be taken into custody and impounded, and thereafter destroyed or
offered for adoption as hereinafter provided in this section:
(1)
Any dog off the premises of the owner or of the person
keeping or harboring said dog which the official or his or her agent
have reason to believe is a stray dog.
(2)
Any dog off the premises of the owner or of the person
keeping or harboring said dog without a current registration tag on
his or her collar.
(3)
Any female dog in season off the premises of the owner
or the person keeping or harboring said dog.
(4)
Any dog kept in a kennel, pet shop, shelter or pound and off such establishment and not confined or controlled as prescribed by § 60-12G, said dog shall be deemed to be a stray.
(6)
Any dog or other animal off the premises of the owner
reported to or observed by a certified Animal Control Officer to be
ill, injured or creating a threat to public health, safety or welfare
or otherwise interfering with the enjoyment of property.
B.
If any dog so seized 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, an Animal Control Officer or anyone authorized
by the Mayor and Council 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 offered for adoption
or destroyed if not claimed within seven days after the service of
the notice.
C.
A notice under Subsection B of 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 mail in a prepaid letter addressed to that person at his or her usual or last known place of abode or to the address given on the collar.
D.
Any dog which shall bite any person and/or be suspected
to be rabid shall be examined by a veterinarian within 24 hours after
impoundment for the purpose of determining if such dog is affected
by any disease and shall thereafter be quarantined for such period
of time that the veterinarian shall determine as appropriate under
the circumstances. The owner shall be required to pay for all testing
and quarantine expenses. In lieu of impounding the dog, the Animal
Control Officer may notify the owner to have the animal examined by
a veterinarian within 24 hours after such notification and, upon testing,
may order the owner to quarantine said dog in accordance with the
instructions of the veterinarian. Failure of the owner to comply with
the order of the Animal Control Officer and/or the quarantine instructions
of the veterinarian, if any, shall result in a minimum fine of $150
plus additional fines for violation of this chapter, as may hereinafter
be set forth.
E.
When any dog so seized has been detained for seven
days after notice, when notice can be given as above set forth in
this section, or has been detained for seven days after seizure, when
notice has not been and cannot be given as above set forth in this
section, and if the owner or persons keeping or harboring the dog
has not claimed the dog and paid all 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 a manner causing as little pain
as possible or offered for adoption.[2]
There shall be charged to the owner of each dog which is impounded, pursuant to § 60-17, all fees incurred by the township in the picking up and detention, including the per-day maintenance fee for each day or part thereof that the dog has been impounded, which fees shall be paid before the dog can be released.
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 or dogs which he
or she may lawfully seize and impound when such officer is in immediate
pursuit of such dog or dogs, except upon the premises of the owner
of the dog if the owner is present and forbids the same.
No person shall hinder, molest or interfere
with anyone authorized or empowered to perform any duty under this
chapter.
No person shall allow any dog in his or her
keeping, custody, control or ownership to bark, howl or cry continuously
for any period longer than 1/2 hour between the hours of 10:00 p.m.
and 7:00 a.m. or otherwise repeatedly at intervals of more than 1/2
hour at any time of the day or night, in such volume or manner as
to disturb the comfort, peace and repose of persons in the vicinity.
A.
No person owning, keeping or harboring any dog shall
suffer or permit such animal to run at large in, upon or through any
public, quasi-public or private street, public park or recreation
area, public building or any other public place or place to which
the public is invited, and no person owning, keeping or harboring
any dog shall suffer or permit such animal to run at large in, upon
or through any private property without the authority of the owner
of the private property.
B.
When a dog has been impounded for running at large,
the Animal Control Officer shall file a complaint of this violation
in the Municipal Court.
No person owning, keeping or harboring any dog
shall suffer or permit it to be upon the public or private streets
or in any public place 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.[1]
[Added 5-18-2010 by Ord. No. 2010-06]
A.
Purpose.
The purpose of this section is to adopt, by reference, all provisions
of Public Law 1989, Chapter 307, N.J.S.A. 4:19-17 through 4:19-43,
as amended and supplemented, which is the uniform set of state requirements
on the owners of vicious or potentially dangerous dogs.
B.
Cost
recovery. Pursuant to N.J.S.A. 4:19-26, if a dog is to be declared
vicious or potentially dangerous by a municipal court, and all appeals
pertaining thereto have been exhausted, the owner of the dog shall
be liable to the Township of Hardyston for any costs and expenses
incurred by the Township in the impoundment or destruction of the
dog. Such costs could include veterinary, shelter, medical attention
required, maintenance expenses, special costs to the Township for
Animal Control Officer charges, transportation, postage and noticing
costs, related legal expenses and an administrative fee of $60. 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.
C.
Liability
insurance. When a municipal court has declared a dog to be a potentially
dangerous dog, it may require the owner to maintain liability insurance
to cover any damage or injury caused by the potentially dangerous
dog. The liability insurance 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.
D.
Registration
of potentially dangerous dogs.
(1)
The
Township Clerk shall 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 Section 17 of the Act. The Animal Control
Officer shall:
(a)
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 the Act.
This telephone number shall be forwarded to the Department, and any
changes in this number shall be reported immediately to the Department.
(2)
The annual fee for licensing of a potentially dangerous dog and each renewal thereafter shall be as set forth in § 88-1B(3)(e).
A.
Defecation on public or private lands. The purpose
of this section is to protect the health, safety and welfare of all
those frequenting this township, by preventing the needless health
hazards and nuisance caused by dog feces upon public and private property
located within the township.
B.
Defecation on private property. No person owning or
in charge of any dog shall cause or allow such dog to soil, defile,
defecate upon or commit any nuisance upon any private property, without
the permission of the owner of the property. Any person owning or
in charge of a dog which soils, defiles, defecates or commits any
such nuisance shall immediately remove all feces deposited by such
dog in a sanitary manner.
C.
Defecation on public property. No person owning or
in charge of any dog shall cause or allow such dog to soil, defile,
defecate upon or commit any nuisance on any place where people congregate
or walk or upon any public property. Any person owning or in charge
of a dog which soils, defiles, defecates or commits any such nuisance
shall immediately remove all feces deposited by such dog in a sanitary
manner.
D.
Defecation on owner's property. No person shall permit
the accumulation of dog feces upon his/her own property, or property
occupied by him/her, to the extent that the odor may be noticeable
to any adjoining property owners.
E.
Disposal of defecation. The feces removed from the
aforementioned designated areas shall be disposed of by the person
owning or in charge of any such dog in a sealed, nonabsorbent, leakproof
container. Disposition in a sanitary manner shall include taking the
feces home for deposit or wrapping the feces and placing the same
in a trash can. It shall not include burial, disposal by placement
in a storm sewer or placing unwrapped feces in a trash can.
The provisions of this § 60-24 shall not apply to dogs used as guides for blind persons and commonly known as "Seeing Eye" dogs, dogs used to assist handicapped persons commonly known as "service dogs" or dogs used to assist deaf persons and commonly known as "hearing ear" dogs.
In the event of a violation on private property,
a complaint is only to be filed by the owner of such property. In
the event of such a violation occurring on public property, thoroughfare,
walkways or parks, a complaint may be filed by any witness to such
an act.
No person owning, keeping or harboring a dog/cat
shall permit it to injure any person or to damage any lawn, shrubbery,
flowers, grounds or property.
Any person found guilty of violating any provision
of this chapter shall, upon conviction thereof, be subject to one
or more of the following: imprisonment in the county jail or any place
provided by the municipality for the detention of prisoners, for any
term not exceeding 90 days; or a fine not exceeding $1,000, or a period
of community service not exceeding 90 days; provided, however, that
the minimum fines shall be established as follows:
It shall be the duty of the Animal Control Officer
to enforce the provisions of this chapter.
