[Adopted 7-7-1980 as Ch. XI of the Revised General Ordinances]
[Amended 1-14-1991 by Ord. No. 1990-19; 2-9-2004 by Ord. No. 2004-2]
As used in this article, the following terms shall have the meanings indicated:
AT LARGE
Any animal, registered or unregistered, muzzled or unmuzzled, traveling unattended by at least one person and under no control by halter, harness, rope, leash or other effective controlling device.
CERTIFIED ANIMAL CONTROL OFFICER, ANIMAL CONTROL OFFICER OR MUNICIPAL ANIMAL CONTROL OFFICER
A person, 18 years of age or older, who has satisfactorily completed the course of study approved by the Commissioner of Health and Senior Services and the Police Training Commission as prescribed by N.J.S.A. 4:19-15.16a or has been employed in the State of New Jersey in the capacity of, and with similar responsibilities to those required of, a certified animal control officer pursuant to the provisions of P.L. 1983, c. 525, for a period of three years prior to January 17, 1987.
DOG
Any dog, bitch or spayed bitch.
DOG OF LICENSING AGE
Any dog which has attained the age of seven months or which possesses a set of permanent teeth.
DWELLING UNIT
For purposes of this article, means and includes any residence, house, apartment, store or other building, whether or not actually used as a residential dwelling.
FOWL
Any mature chicken, turkey, duck, mallard, goose, guinea, pigeon or other poultry.
[Added 1-14-2008 by Ord. No. 2007-30]
KENNEL
Any establishment wherein or whereon the business of boarding or selling dogs or breeding dogs for sale is carried on, except a pet shop.
NEUTERED OR SPAYED DOG
A dog without intact sexual organs or which is unable or incapable of reproduction by way of medical procedure performed by a licensed veterinarian. A dog with intact sexual organs shall be considered nonneutered or nonspayed for purposes of this article.
[Added 10-14-2015 by Ord. No. 2015-9]
NONDOMESTICATED ANIMAL
All mammals, including, but not limited to, horse, mule, pony, donkey, burro, cow, goat, sheep, pig or other farm animal or any other animal not routinely kept, maintained or sold as a pet.
[Added 1-14-2008 by Ord. No. 2007-30]
OWNER
When applied to the proprietorship of a dog, shall include every person having a right of property in that dog and every person who has a dog in his keeping, and when applied to the proprietorship of any other animal, including but not limited to a cat, shall include every person having a right of property in that animal and every person who has that animal in his keeping.
PET SHOP
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.
POTENTIALLY DANGEROUS DOG
Any dog or dog hybrid as declared potentially dangerous pursuant to N.J.S.A. 4:19-23.
POUND
An establishment for the confinement of dogs or other animals seized either under the provisions of this article, N.J.S.A. 4:19-15.1 et seq. or otherwise.
PROPERTY
An individual block and lot as defined by the Tax Map of the Township of Mount Holly.
[Added 1-14-2008 by Ord. No. 2007-30]
SHELTER
Any establishment where dogs or other animals are received, house and distributed.
VICIOUS DOG
Any dog or dog hybrid declared vicious pursuant to N.J.S.A. 4:19-22.
It shall be unlawful for any horses, cattle, dogs, swine, goats and other animals to travel at large, either upon the public streets or other public or private places (other than upon the private property of the owner of such animals) within the Township.[1]
[1]
Editor's Note: Original Section 11-2.2, Vicious dogs, which immediately followed this section, was repealed 1-14-1991 by Ord. No. 1990-19, as being superseded by N.J.S.A. 4:19-17 et seq.
[Amended 6-22-1992 by Ord. No. 1992-5]
Any cat shall be considered a public nuisance if it has no owner or custodian or if it has no place of care or shelter or if it habitually trespasses upon or damages either private or public property or bites, scratches or harms persons within the Township.[1]
[1]
Editor's Note: Original Sections 11-2.4, 11-2.5 and 11-2.6, regarding registration tags, unlicensed dogs and female dogs in season, which immediately followed this section, were deleted 6-22-1992 by Ord. No. 1992-5. For provisions on these subjects, see N.J.S.A. 4:19-15.7, 4:19-15.2 and 4:19-15.16, respectively.
No person shall keep or harbor any dog which shall disturb the neighborhood by excessive barking, whining or howling.
[1]
Editor's Note: See also Ch. 191, Peace and Good Order, § 191-2.
No person 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.
No person keeping or harboring a dog shall permit or suffer it to trespass on the property of another person without that person's consent.[1]
[1]
Editor's Note: Original Section 11-3.1, regarding seizure, impoundment and destruction of animals, which immediately followed this section, was deleted 6-22-1992 by Ord. No. 1992-5. For provisions on this subject, see N.J.S.A. 4:19-15.16.
[Added 1-14-1991 by Ord. No. 1990-19[1]]
A. 
If a dog is declared vicious or potentially dangerous pursuant to N.J.S.A. 4:19-17 et seq., and all appeals pertaining thereto have been exhausted, the owner of the dog shall be liable to the Township for the costs and expenses for impounding a vicious or potentially dangerous dog in the municipal pound in the amount of $75 per day and of destroying a vicious dog in the amount of $100.
[Amended 6-13-2011 by Ord. No. 2011-06]
B. 
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.
[1]
Editor's Note: This ordinance also repealed original Section 11-3.2, regarding destruction of vicious dogs. For provisions on that subject, see N.J.S.A. 4:19-17 et seq.
The Township is hereby authorized to rent or otherwise prepare a suitable place or places within or without the Township to be used as a public pound for the retention, care and maintenance of any animal or animals seized or otherwise taken under the authority of this article.
A. 
Creation. There is hereby created the office of Animal Control Officer.
B. 
Duties. The Animal Control Officer is responsible for the capture, caring and, when necessary, destroying of wild and domestic animals in the best public interest; for enforcing animal control ordinances of the Township; and for related work as required.
C. 
Access to premises. The Animal Control Officer is hereby authorized to go upon any premises to seize for impounding any dog which (s)he may lawfully seize and impound when the Officer is in the immediate pursuit of such animal, except upon the premises of the owner of the dog if the owner is present and forbids the same.
D. 
Mount Holly Township recognizes that on January 16, 2018 the New Jersey Legislature passed Senate Bill No. 3558 in reference to new animal cruelty enforcement laws and adopts all provisions of this bill as written.
[Added 2-11-2019 by Ord. No. 2019-4]
The Township Council shall, by resolution adopted from time to time, designate the official to issue dog licenses.[1]
[1]
Editor's Note: Original Sections 11-7.1, 11-7.2 and 11-7.3, regarding dog licenses, which immediately followed this section were deleted 6-22-1992 by Ord. No. 1992-5. For provisions on this subject, see N.J.S.A. 4:19-15.12.
[Amended 1-17-1981 by Ord. No. 1980-21; 12-27-1982 by Ord. No. 1982-16; 12-23-1985 by Ord. No. 1985-30; 1-22-1990 by Ord. No. 1989-22; 5-24-1999 by Ord. No. 1999-6; 3-14-2005 by Ord. No. 2005-04; 6-13-2011 by Ord. No. 2011-06; 10-14-2015 by Ord. No. 2015-9]
The sum to be paid annually for a dog license shall be the sum of a license fee of $13.80 and the registration fee currently in effect by the State of New Jersey. The sum to be paid annually for a nonneutered/nonspayed dog shall be the sum of a license fee of $13.80 and the registration fee currently in effect by the State of New Jersey for nonneutered/nonspayed dogs. License fees shall not be prorated. A late payment in the amount of $15 shall be charged in addition to the current fees for each license renewed after February 28 of a licensing year.
[Added 1-14-1991 by Ord. No. 1990-19]
A. 
State law incorporated by reference. The state statute governing vicious and potentially dangerous dogs, N.J.S.A. 4:19-17 et seq., is hereby incorporated in this article by reference.
B. 
Licensing, registration and identification of potentially dangerous dogs.
(1) 
The owner of a dog declared potentially dangerous pursuant to N.J.S.A. 4:19-23 shall apply to the Township Clerk for a potentially dangerous dog license, municipal registration number and red identification tag. The Township Clerk shall issue the same upon written verification from the Municipal Animal Control Officer that the owner has complied with the orders of the panel convened pursuant to N.J.S.A. 4:19-21. The owner shall annually renew said potentially dangerous dog license.
(2) 
The fee for issuance of a potentially dangerous dog license and each annual renewal thereof shall be $1,000.
[Amended 6-13-2011 by Ord. No. 2011-06]
C. 
Telephone number for reporting violations of N.J.S.A. 4:19-17 et seq. The Township Clerk shall publicize a telephone number for reporting violations of the Act establishing requirements for owners of vicious and potentially dangerous dogs, N.J.S.A. 4:19-17 et seq., and shall forward this number to the State Department of Health.
[Amended 6-22-1992 by Ord. No. 1992-5; 6-13-2011 by Ord. No. 2011-06]
Except as otherwise provided in N.J.S.A. 4:19-1 et seq., any person who violates or who fails or refuses to comply with this article shall be liable to a penalty not to exceed $2,000 or imprisonment for a term not to exceed 90 days, or both.
A. 
Definitions. As used in this article, the following terms shall have the meanings indicated:
CAT
Includes all cats over the age of three months.
DWELLING UNIT
Includes houses, apartments, stores or other buildings, whether or not used or designed for use as a dwelling.
B. 
Number limitation. No more than two cats shall be sheltered or kept or allowed, suffered or permitted to be sheltered or kept in any one dwelling unit.
C. 
Exemption for breeders. Nothing in this section shall prohibit a breeder of cats to keep more than two cats, subject to the following regulations:
(1) 
Such person shall obtain a cat breeder's license pursuant to Subsection D.
(2) 
All cats so kept shall be securely confined to the owner's premises by fences, cages or other effective means at all times.
(3) 
The quarters where such cats are kept shall be so separated from the portion of the dwelling unit reserved for human habitation as to create no health hazard and so located in reference to other dwelling units as to create no disturbance or annoyance by reason of noise, odor or other cause.
(4) 
These quarters shall be at all times clean and sanitary.
D. 
Cat breeder's license. A cat breeder's license shall be obtained from the registrar upon payment of a fee of $5 and in compliance with Subsection C. Such license shall be effective until January 31 of the year following the year of issue and may be revoked by the Board of Health for violation of any provision of Subsection C.
[Amended 3-1-1982 by Ord. No. 1982-3; 6-28-1982 by Ord. No. 1982-11]
A. 
Fowl license. No person shall keep or raise any type or number of fowl within the boundary limits of the Township unless such person has first obtained a license to do so from the Township Council. The annual fee for a fowl license shall be $20. One permit shall be required for a maximum of 10 fowl. A property in a residential zoning district shall be limited to a maximum of one permit per acre. Properties with less than one acre shall be permitted to obtain a maximum of one permit provided all of the conditions in Subsection B are met.
[Amended 1-22-1990 by Ord. No. 1989-22; 1-14-2008 by Ord. No. 2007-30; 6-13-2011 by Ord. No. 2011-06]
B. 
Prerequisite to licensing. No license shall be granted unless the following conditions are met:
(1) 
The fowl shall not be permitted to run at large.
(2) 
If pigeons are being kept, then these pigeons shall be exercised only twice daily.
(3) 
The premises shall be maintained in a sanitary manner, free of litter, debris and waste materials.
(4) 
The fowl shall not disturb the peace and repose of the neighborhood.
(5) 
Where the application is for the keeping and raising of pigeons and it is the first application for a license, the premises where they are to be quartered shall be inspected by a representative from the County Board of Health and a member of the local Pigeon Fanciers Association to determine whether the premises meet the requirements of this article. These persons shall report their findings, in writing, to the Township Council within two weeks of the date of the referral of the matter to them. No such inspection will be required for renewal applications unless the Township Council has reason to believe there has been a change in the premises which requires a new inspection or has reason to believe the provisions of this article were not followed during the preceding license year.
(6) 
No person shall keep or maintain any fowl in any zoning district within the Township unless the pen, poultry house or other structure designated to confine or shelter such fowl is so located on such a tract of land that the nearest portion therefor is not less than 25 feet from the line of adjoining property and buffered by a solid fence or nature barrier of sufficient size and character as to eliminate the appearance of such pen, poultry house or shelter from view outside the property line.
[Added 1-14-2008 by Ord. No. 2007-30]
C. 
Revocation of license; hearing.
(1) 
The Township Council shall have the power to revoke any license when the licensee violates any provisions of this article or related health codes of the Township.
(2) 
If the Township Council shall have the reason to believe that there are grounds upon which to revoke any such license, it shall immediately cause a notice to be served, in writing, upon the licensee or other person in charge of the licensed place citing him to appear before the Township Council at such time and place as they designate to show cause why the license should not be revoked, such notice to be served at least 10 days prior to the date set for a hearing, and the licensee shall be afforded a hearing before the Township Council prior to the final revocation of his license.
[Added 8-24-1992 by Ord. No. 1992-10]
A. 
No person owning or having the custody or possession of any dog or being in charge of any dog shall cause or allow such dog to defecate or commit nuisance on any common thoroughfare, sidewalk, pathway, play area, park, school ground, public street, sidewalk or any other public grounds or any private property within the Township of Mount Holly without the permission of said owner of said property. Any person owning or having the custody or possession of any dog or in charge of any dog, which dog defecates on or commits any other nuisance upon the aforementioned designated areas without the permission of the owner thereof, shall immediately remove all feces deposited by said dog in a sanitary manner. The feces removed shall be disposed of by the person owning or having the custody or possession of said dog in a sanitary manner. The feces removed shall be disposed of by the person owning or having the custody or possession of said dog or in charge of said dog by placing the same in a sealed, nonabsorbent leakproof container. The provisions of this section shall not apply to blind persons who use dogs as guides and other persons who, because of a physical disability, would be unable to comply with the requirements hereof.
B. 
Any person who is found to have violated the provisions of Subsection A shall, upon conviction, be subject to a minimum fine of $50 up to a maximum fine of $2,000.
[Amended 6-13-2011 by Ord. No. 2011-06]
[Added 2-9-2004 by Ord. No. 2004-2]
No more than two dogs shall be sheltered, kept, allowed, suffered or permitted in any one dwelling unit except as permitted hereafter in this section. This provision shall not apply to a duly licensed kennel, pet shop, shelter or pound. Further, this section shall not prevent three or more blind or disabled persons who use properly trained human assistance dogs for the blind or disabled from residing together in a single dwelling with such animals, provided all applicable health regulations are followed. Notwithstanding the foregoing, additional dogs may be kept in a dwelling unit provided that they are properly licensed and otherwise in compliance with this article and the owner, tenant, or occupant of such dwelling unit at least twice annually obtains and permits an inspection of the unit by proper officials for full compliance with all health, safety and building code regulations to assure that the additional dogs are not creating a detrimental situation or health or safety hazard and are receiving proper care. The annual fee for such inspections shall be $100 per additional dog.
[Added 2-9-2004 by Ord. No. 2004-2]
Any person who keeps or operates or proposes to establish a kennel, pet shop, shelter or pound shall apply to the proper municipal official, designated from time to time pursuant to § 106-10 or otherwise, for a license to keep and operate such establishment pursuant to the provisions of N.J.S.A. 4:19-15.8. All such facilities shall fully comply with the land use regulations of the Township.[1]
[1]
Editor's Note: See Ch. 149, Land Use.
[Added 2-9-2004 by Ord. No. 2004-2]
In addition to the provisions of N.J.S.A. 4:19-15.8, no kennel, shelter or pound shall be entitled to operate within the Township unless such facility has a minimum of two acres of land for a facility accommodating 10 or less dogs and three acres of land for a facility accommodating more than 10 dogs, together with adequate provision for full compliance with the Township Noise Ordinance[1] in all cases.
[1]
Editor's Note: See Ch. 172, Noise.
[Added 2-9-2004 by Ord. No. 2004-2]
The annual license fee for a kennel providing accommodations for ten or less dogs shall be $10 and for more than 10 dogs $25. The annual license fee for a pet shop shall be $10. No fee shall be charged for a shelter or pound license.
[Added 1-14-2008 by Ord. No. 2007-30]
No person shall keep or maintain any nondomesticated animal in any residential area within the Township, unless such animal is situated on a tract of land at least one acre in area, and the pen, shed, barn, stable or other structure designed to shelter such animal is so located on such tract that the nearest portion thereof is not less than 100 feet from the line of the adjoining property. Nondomesticated animals shall be permitted to roam at large, provided that said animals shall be securely confined upon the property of the owner. A person who is found to have violated the provisions of this section shall, upon conviction, be subject to a minimum fine as permitted in § 106-13. However, every day that a property owner permits a violation of this subsection will be considered a separate violation.
[Added 1-14-2008 by Ord. No. 2007-30]
A. 
No person shall kill or slaughter any animal within the Township unless such slaughter occurs on a tract of land at least three acres in area and the slaughter is conducted in a location that cannot be viewed by any person on adjacent properties.
B. 
This section shall not apply to the act of putting to death any animal by the discharge of a firearm by a sworn police officer, if the animal is dangerous or is so badly injured that humanity requires its removal from further suffering and no other disposition is practical.
C. 
This section shall not apply to the act of putting to death any such animal by a licensed veterinarian or animal health technician, for the administering of sodium pentobarbital for euthanasia of sick, injured, homeless or unwanted domestic animals by an employee of a public pound or humane society who has received proper training in the administration of sodium pentobarbital for such purposes.
D. 
This section is not meant to infringe on the legal right to hunt wild animals according to statutes and regulations enacted and enforced by the State of New Jersey.
E. 
This section is not meant to infringe on the religious rights of any individual while participating in a religious ritual.
F. 
This section shall not apply to the capture or trapping of rabid or wild animals that pose a threat to public health, welfare and safety.
G. 
A person who is found to have violated the provisions of this section shall, upon conviction, be subject to a minimum fine as permitted in § 106-13. However, every day that a property owner permits a violation of this subsection will be considered a separate violation.
[Added 1-14-2008 by Ord. No. 2007-30]
A. 
The right to farm, as defined in N.J.S.A. 4:1C-3, is hereby recognized to exist in the Township of Mount Holly, in the County of Burlington, and is hereby declared a permitted use in all zones of this Township where an agricultural use is preexisting and current. Nothing in this article shall be permitted to limit this right to farm. This right to farm includes, but not by way of limitation:
(1) 
The grazing of animals and use of range for fowl; and
(2) 
The construction of fences for livestock and fowl, as well as to control depredation by wildlife; and
(3) 
Processing and packaging of the agricultural output of a commercial farm.
B. 
The foregoing activities must be in conformance with applicable federal and state law.
C. 
The foregoing practices and activities may occur on holidays, weekdays and weekends by day or night and shall include the attendant or incidental noise, odors, dust and fumes associated with these practices.
D. 
It is hereby determined that whatever nuisance may be caused to others by these uses and activities is more than offset by the benefits of farming to the neighborhood community and society in general.
E. 
Any person aggrieved by the operation of a commercial farm shall file a complaint with the Burlington County Agriculture Development Board prior to filing an action in court.
[1]
Editor's Note: See N.J.S.A. 4:1C-1 et seq.