Township of Independence, NJ Licensing and Control of Dogs

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.[1]

POUND

An establishment for confinement of dogs, whether seized under provisions of this Article or otherwise.

SHELTER

Any establishment where dogs or other animals are received, housed and distributed.[2]

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[2]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 126-2 License required; late charge; limitation on number of licenses.

[Amended 2-13-1996 by Ord. No. 96-1]

Any person who shall own, keep or harbor a dog of licensing age shall, in the month of January of each year, apply for and procure from the Township Clerk 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.

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.

Any person who violates or who fails or refuses to comply with Subsection A or B shall be liable to a late charge fee of $5 in addition to being required to obtain a registration tag and license for said dog(s).[1]

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

No occupant of a residential unit situated on any lot in a district which is zoned to primarily permit residential use shall be entitled to apply for or receive individual licenses for more than five dogs which are harbored or kept as domestic pets. The limitation on the maximum number of licenses to be issued shall apply irrespective of the number of occupants of each residential unit. This limitation shall not apply to any active farming operation engaged in any agricultural or horticultural use whereon a residential unit is located.

§ 126-3 License fees.

The person applying for the license and registration tag shall pay a fee of $8.80, plus such other fee as fixed by statute for the licensing and registration of each dog; and for each annual renewal, the fee for the license and original license and tag; and said licenses, registration tags and renewals thereof shall expire on the last day of January in each year. The owner who does not pay the fee required for the licensure and registration of a dog by the close of the last day of January shall be subject to an additional charge of $5 per month per dog for each month the license and registration fee remains unpaid. This fee shall be paid in addition to any fee imposed by the court upon conviction of any person who violates this provision.

[Amended 6-9-1986 by Ord. No. 86-10; 10-12-2004 by Ord. No. 04-6; 3-16-2017 by Ord. No. 2017-07]

Dogs used as guides for blind persons and commonly known as "Seeing Eye dogs," dogs used to assist handicapped persons and commonly known as "service dogs" and dogs used to assist deaf persons and commonly known as "hearing ear" dogs shall be licensed and registered in the same manner as other dogs, except that the owner, as defined herein, shall not be required to pay any fee therefor.

[Amended 2-13-2007 by Ord. No. 2007-01]

§ 126-4 Dogs licensed in other states; unlicensed dogs.

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 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.

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.[1]

[1]

Editor's Note: Former § 85-5, Licenses for kennels, pet shops, shelters or pounds; fees, which immediately followed this section, was repealed 12-10-1996 by Ord. No. 96-10.

§ 126-5 Impounding of dogs.

[Amended 2-13-2007 by Ord. No. 2007-01]

The Township Committee may appoint at such times and for such terms as may from time to time seem expedient an Animal Control Officer and such assistants as may be required, whose duty it shall be to take into custody and impound or cause to be taken into custody and impounded and thereafter destroyed or disposed of as provided in this section:

(1)

Any dog off the premises of the owner or of the person keeping or harboring said dog which said Animal Control Officer or his assistant(s) 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 collar.

(3)

Any female dog in season off the premises of the owner or of the person keeping or harboring such dog.

(4)

Any dog or other animal which is suspected to be rabid.

(5)

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.

If any such dog seized as provided by Subsection A hereof wears a collar or harness to which is attached a registration tag or the owner is otherwise known, the Animal Control Officer shall forthwith serve on said owner 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 the service of notice. Such notice may be served either by delivering it to the person on whom it is to be served or by leaving it at that person's usual or last known place of abode, or at the address given on the collar, or by forwarding it by post 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.

When any dog seized in accordance with Subsection A hereof has been detained for seven days after notice, when such notice can be given as above set forth, or has been detained for seven days after seizure, when no notice has been given as above set forth, and if the owner has not claimed said dog and paid all expenses incurred by reason of its detention, including maintenance costs not exceeding $4 per day, and if the dog be unlicensed at the time of the seizure and the owner has not produced a license and registration tag for said dog, the Animal Control Officer may cause the dog to be destroyed in a manner causing as little pain as possible.

At the time of adoption, the right of ownership in the animal shall transfer to the new owner. No dog or other animal so caught and detained or procured, obtained, sent or brought to a pound or shelter shall be sold or otherwise made available for the purpose of experimentation. Any person who sells or otherwise makes available any such dog or other animal for the purpose of experimentation shall be guilty of a crime of the fourth degree.

After observation, any animal seized under this section suspected of being rabid shall be immediately reported to the executive officer of the local board of health and to the Department of Health and Senior Services.

§ 126-6 Biennial dog canvass.

[Amended 2-13-2007 by Ord. No. 2007-01]

The Township Committee shall biennially cause a canvass to be made of all dogs owned or harbored within the said Township and shall report the result, including the names of all persons owning or harboring such animals, in the manner provided by law.

§ 126-7 Interference with officers.

[Amended 2-13-2007 by Ord. No. 2007-01]

No person shall hinder, interfere with or molest any person appointed as Animal Control Officer and any assistant employed by him or any officer of the Township or other duly authorized agent in the performance of any duty enjoined by this article.

§ 126-8 Control of dogs.

Any person owning, keeping, maintaining, harboring or having charge of a dog in the Township of Independence shall:

(1)

Prevent such dog from running at large upon any public streets or places of the Township or upon the property of any other person.[1]

[1]

Editor's Note: Former Subsection A(2), regarding curbing of dogs, which immediately followed this subsection, was deleted 2-13-2007 by Ord. No. 2007-01.

(2)

Prevent such dog from barking, crying, whining, howling or otherwise unreasonably disturbing the peace or quiet of the neighborhood.

(3)

Prevent such dog from injuring or damaging any property of any person other than the person owning, harboring, keeping or having charge of such dog.

Nothing herein contained shall be construed to prevent the use of dogs for hunting purposes by duly licensed hunters, and the barking, crying or howling of dogs while so employed shall not be construed, for the purpose of this Article, as unreasonably disturbing the peace or quiet of the neighborhood.

§ 126-9 Curbing of dogs.

[Added 2-13-2007 by Ord. No. 2007-01]

Purpose. This section is to establish requirements for the proper disposal of pet solid waste so as to protect the health, safety and welfare of all citizens residing in and visiting this municipality and to prescribe penalties for failure to comply.

Definitions. As used in this section, the following terms shall have the meanings indicated:

IMMEDIATE

The pet solid waste is removed at once, without delay.

OWNER/KEEPER

Any person who shall possess, maintain, house or harbor any pet or otherwise have custody of any pet, whether or not the owner of such pet.

PERSON

Any individual, corporation, company, partnership, firm, association or political subdivision of this state subject to municipal jurisdiction.

PET

A domesticated animal (other than a disability assistance animal) kept for amusement or companionship.

PET SOLID WASTE

Waste matter expelled from the bowels of the pet; excrement.

PROPER DISPOSAL

Placement in a designated waste receptacle, or other suitable container, and discarded in a refuse container which is regularly emptied by the municipality or some other refuse collector; or disposal into a system designed to convey domestic sewage for proper treatment and disposal.

Nuisances prohibited; curbing of dogs; responsibility of owner.

(1)

No person, agency or institution owning, harboring, keeping or in charge of any dog shall cause or allow such dog to soil, defile, defecate or commit any nuisance upon any public property or private property whatsoever.

(2)

Any person in charge of any dog on any public street or sidewalk shall immediately remove all feces deposited by such dog by any sanitary method (shovel, container, disposal bag, etc.).

(3)

Any feces removed from the aforementioned areas shall be properly disposed of by the person owning, harboring, keeping or in charge of any dog in accordance with the provisions of this section in a sanitary manner on said person's own property.

Exemptions. Any owner or keeper who requires the use of a disability assistance animal shall be exempt from the provisions of this section while such animal is being used for that purpose.

Enforcement. The provisions of this section shall be enforced by the Police Department and the local Board of Health of Independence Township or the Board of Health's designees.

§ 126-10 Violations and penalties.

[Amended 12-10-1984 by Ord. No. 84-11; 2-13-2007 by Ord. No. 2007-01; 9-14-2010 by Ord. No. 2010-05]

Except as provided in N.J.S.A. 4:19-15.19, for violation of any provision of this article, the penalty, upon conviction, shall be a minimum fine not exceeding $100 and a maximum penalty of one or more of the following: a fine not exceeding $2,000, imprisonment not exceeding 90 days or a period of community service not exceeding 90 days. Except as otherwise provided, each and every day in which a violation of any provision of this article exists shall constitute a separate violation.

§ 126-11 Veterinary establishments.

No licensing provision of this article shall be construed to apply to any establishment wherein or whereon dogs are received or kept for diagnostic, medical, surgical or other treatment, owned by or operated under the immediate supervision of a graduate veterinarian licensed in the State of New Jersey.