[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:
ANIMAL CONTROL OFFICER
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.
DOG
Any dog, bitch or spayed bitch or dog hybrid.
DOG OF LICENSING AGE
Any dog which has attained the age of seven months or which possesses a set of permanent teeth.
DOMESTIC ANIMAL
Any cat, dog or livestock other than poultry.
KENNEL
Any establishment where the business of boarding, selling or breeding dogs for sale is carried on, except a pet shop.
OWNER
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.
PET SHOP
Any room or group of rooms, cage or exhibition pen, not part of a kennel, wherein dogs for sale are kept on display.
POTENTIALLY DANGEROUS DOG
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]
POUND
Any establishment for the confinement of dogs seized under the provisions of this section or otherwise.
SHELTER
Any establishment where dogs are received, housed and distributed without charge.
VICIOUS DOG
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.
B. 
The fee for any dog shall be as set from time to time by resolution of the Township Council.[1][2]
[1]
Editor's Note: See Ch. 88, Fees.
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
The fee for a replacement tag will be as set from time to time by resolution of the Township Council.[3][4]
[3]
Editor's Note: See Ch. 88, Fees.
[4]
Editor's Note: Original Section 7-4D, concerning the license fee for a potentially dangerous dog and each renewal thereof, which immediately followed this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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.
B. 
The Township Clerk shall levy a late fee, as set from time to time by resolution of the Township Council, for any license issued after January 31 of the calendar year for which the license is required.[1]
[1]
Editor's Note: See Ch. 88, Fees.
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. 
The fees for kennels and pet shops shall be as set from time to time by resolution of the Township Council[1] and shall be paid with the application:
(1) 
Kennel accommodating 10 or fewer dogs.
(2) 
Kennel accommodating more than 10 dogs.
(3) 
Pet shop.
(4) 
Shelter or pound.
[1]
Editor's Note: See Ch. 88, Fees.
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.
(5) 
Any dog or other animal that is suspected to be rabid.[1]
[1]
Editor's Note: Original Subsection 6 of Section 7-17a, regarding vicious dogs, which immediately followed this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(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]
[2]
Editor's Note: Original Section 7-17f, which made the provisions of Section 7-24 applicable to impounded dogs and which immediately followed this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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 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]
[1]
Editor's Note: Original Section 7-24, Vicious or Potentially Dangerous Dog, which immediately followed this section was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[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.
F. 
Defense to violation. It shall be a complete defense to violations of § 60-24B if a person shall have immediately removed such defecation and disposed of it in a sanitary manner.
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.
A. 
Any cat shall be considered a public nuisance and shall be subject to § 60-17 if it has no owner or custodian; if it has no place of care or shelter; or if it trespasses upon or damages either private or public property; or if it bites, scratches or harms persons within the township.
B. 
Any cat off the premises of the owner or the person keeping or harboring the cat and constituting a public nuisance as defined in § 60-28A shall be impounded according to § 60-17, provided that the owner of the property upon which the trespassing occurs authorizes the seizure.
[Amended 11-13-2024 by Ord. No. 2024-15]
No person shall feed, in any public park or on any other property owned or operated by the Township of Hardyston, any wildlife, excluding confined wildlife (for example, wildlife confined in zoos, parks or rehabilitation centers, or unconfined wildlife at environmental education centers, or feral cats as part of an approved Trap-Neuter-Release program) and baiting in the legal taking of fish and game.
[Amended 11-13-2024 by Ord. No. 2024-15]
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:
A. 
Failure to obtain license (§§ 60-3, 60-10 and 60-12): $50.
B. 
Dogs running at large (§§ 60-12G and 60-22): $50.
C. 
Disturbing the peace (barking or crying): $50.
D. 
Dogs attacking person: $100.
E. 
Removal of tag, attaching a tag wrongfully (§ 60-11A): $50.
F. 
Dogs attacking other animals: $100.
G. 
Interference with an officer: $100.
H. 
Defecation (§ 60-24A, B, C and D): $50.
[Added 11-13-2024 by Ord. No. 2024-15]
It shall be the duty of the Animal Control Officer to enforce the provisions of this chapter.