[Adopted 12-27-1978 as part of Ord.
No. 78-38]
[Amended 12-30-2002 by Ord. No. 02-32]
As used in this article, the following terms
shall have the meanings indicated:
Cat or dog.
An animal control center animal shelter, maintained by or
under contract with any state, county or municipality, whose mission
and practice is, in whole, or significant part, the rescue and placement
of animals in permanent homes or rescue organizations.
[Added 5-18-2016 by Ord.
No. 2016:05]
Any not-for-profit organization which has tax-exempt status
under section 501(C)(3) of the United States Internal Revenue Code,
whose mission and practice is, in whole or in significant part, the
rescue and placement of animals in permanent homes.
[Added 5-18-2016 by Ord.
No. 2016:05]
Both male and female cats.
Any dog, bitch or spayed bitch.
Any establishment wherein or whereon the business of boarding
or selling dogs or breeding dogs for sale is carried on, except a
pet shop.
To sell, offer for sale or adoption, advertise for the sale
of, barter, auction, give away or otherwise dispose of a dog or cat.
[Added 5-18-2016 by Ord.
No. 2016:05]
The harboring, keeping and having any right of property in
a dog or dogs within the Township of Pennsauken.
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 that dog in his or her 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 or her keeping.
A retail establishment where dogs and cats are kept in any
room or group of rooms, cage or exhibition pen and are sold, exchanged,
bartered or offered for sale as pet animals to the general public
at retail. Pet shops are prohibited in all residential zones. Such
definition shall not include an animal care facility or animal rescue
organization, as defined.
[Amended 5-18-2016 by Ord. No. 2016:05]
An establishment for the confinement of dogs seized either
under the provisions of this article or otherwise.
Any establishment where dogs are received, housed or distributed
without charge.
A.Â
It shall be unlawful for any person to own, as defined,
a dog in the Township of Pennsauken without having obtained a license
for it in compliance with provisions set forth in this article.
B.Â
A license shall be required for any dog which has
attained the age of seven months or which possesses a set of permanent
teeth.
[Added 6-3-2021 by Ord.
No. 2021:12]
A.Â
It shall be unlawful for any person to own, as defined, a cat in
the Township of Pennsauken without having obtained a license for it
in compliance with provisions set forth in this article.
B.Â
A license shall be required for any cat which has attained the age
of seven months or which possesses a set of permanent teeth.
An official shall be designated by the Township
Committee as licensing official for the purpose of issuing licenses
and maintaining records of registration of the dogs within the Township.
A.Â
Any person who owns a dog and/or cat that has reached
licensing age shall annually in the month of January obtain a license
and official metal registration tag for each dog and/or cat so owned.
[Amended 6-3-2021 by Ord. No. 2021:12]
B.Â
The owner of a newly acquired dog and/or cat of licensing
age or of any dog and/or cat which attains licensing age shall make
application for the license and registration tag for such dog and/or
cat within 10 days after such acquisition or age attainment.
[Amended 6-3-2021 by Ord. No. 2021:12]
C.Â
Any person who brings or causes to be brought into
the Township any dog and/or cat licensed in another state for the
current year and bearing a registration tag for such dog and/or cat,
who shall keep the same or permit the dog and/or cat to be kept within
the Township for a period of more than 90 days, shall immediately
upon the conclusion of said ninety-day period apply for a license
and registration tag for such dog and/or cat.
[Amended 6-3-2021 by Ord. No. 2021:12]
D.Â
Any person bringing or causing to be brought into
the Township any unlicensed dog and/or cat and who shall permit the
dog and/or cat to remain in the Township for a period of more than
10 days shall immediately apply for a license and registration tag
for such dog and/or cat upon conclusion of said ten-day period.
[Amended 6-3-2021 by Ord. No. 2021:12]
E.Â
Dogs used as guide dogs for blind persons and commonly
know as "Seeing Eye" dogs, dogs used to assist handicapped persons
and 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, etc.
[Amended 12-30-2002 by Ord. No. 02-32]
[Amended 6-3-2021 by Ord. No. 2021:12]
The application shall state the breed, sex,
age, color and markings of the dog or cat for which license and registration
are sought and whether such dog or cat is of a long- or short-haired
variety and also the name, street, post office address of the owner
and the person who shall be harboring such dog and/or cat.
[Amended 11-25-1981 by Ord. No. 81-36; 12-27-1983 by Ord. No. 83-47; 12-26-1990 by Ord. No.
90-42; 9-28-1994 by Ord. No. 94-45; 6-26-1996 by Ord. No. 96-32; 10-28-1998 by Ord. No.
98-38; 12-30-2002 by Ord. No. 02-32; 10-1-2008 by Ord. No. 08-28; 10-23-2013 by Ord. No. 2013:20; 6-3-2021 by Ord. No. 2021:12]
A.Â
The fee for issuance of a dog or cat license and each
renewal thereof shall be $12 for spayed or neutered dogs and cats
and $15 for unspayed or nonneutered dogs and cats, which fees shall
include the fee for the registration tag.
B.Â
Late application. Whenever an application for the
renewal of a dog and/or cat license is made after January 31, the
late fee is $10 in addition to the original cost.
C.Â
Any person
applying for a license and registration tag for a dog determined to
be vicious or potentially dangerous pursuant to N.J.S.A. 4:19-23 et
seq. of the laws of the State of New Jersey shall pay an annual registration
fee of $700.
[Added 11-4-2021 by Ord. No. 2021:26]
[Amended 12-30-2002 by Ord. No. 02-32]
A.Â
The licensing official shall, upon issuing the license,
as herein provided, at the same time issue to the applicant a registration
tag of metal or other suitable material.
B.Â
Said registration tag shall have printed or stamped
plainly thereon: "Licensed, Township of Pennsauken," the current year
and a distinctive different number for each dog and/or cat. A careful
record of each such number and the accompanying license shall be maintained
by the licensing official, particularly for identifying lost, strayed
or impounded dogs and cats.
[Amended 6-3-2021 by Ord. No. 2021:12]
C.Â
The shape of the registration tag shall be alternated
each year, and upon satisfactory proof to the licensing official that
a license tag has been lost, worn or damaged beyond further use or
cannot be found, the licensing official shall issue to the same applicant,
upon payment of a fee of $0.50, a new tag, but of a new and different
number, and a notation of the transaction shall also be made on the
office file for the number originally issued.
D.Â
Every dog and cat required to be licensed under this
article shall at all times wear a substantial durable collar to which
shall be attached securely the registration tag required. No person,
except an officer in performance of duty, shall remove a registration
tag from the collar of any dog or cat without the consent of the owner;
nor shall any person attach a registration tag to a dog or cat for
which it was not issued.
[Amended 6-3-2021 by Ord. No. 2021:12]
A.Â
Dog kennels may be located in the Township where permitted
by the Township's Zoning Ordinance.
B.Â
The owner of a dog kennel shall procure, in lieu of
an individual license for each dog, a kennel license, annually in
the month of January, which license shall expire on December 31 of
each year.
C.Â
The annual license fee for a kennel providing accommodation
for 10 or fewer dogs shall be $10. For kennels accommodating more
than 10 dogs, the annual licensing fee shall be $25.
D.Â
The application for a kennel license shall state the
name and address of the owner of said kennel, the location of the
kennel and the number of dogs that shall be accommodated and shall
be accompanied by written approval of the Township Clerk and Health
Officer showing compliance with the local and state rules and regulations
governing the location and the sanitation of such establishment.
E.Â
The kennel license is not transferable.
[Amended 12-30-2002 by Ord. No. 02-32; 4-8-1992 by Ord. No. 92-27; 4-25-2007 by Ord. No. 07-07; 10-1-2008 by Ord. No.
08-28; 6-3-2021 by Ord. No. 2021:12]
A.Â
No person (which shall be defined to include a family
unit, corporation or association) shall keep, harbor or have possession
or custody of more than four animals on any one residential premises
within the Township. This restriction shall not include temporary
keeping of newborn animals which have been born to a female animal
kept on the same premises prior to the time of birth of said animals.
This section shall not apply to duly licensed kennels and pet shops
as set forth in this article.
B.Â
Those persons, as defined in Subsection A of this section, who at the effective date of this chapter shall have in their possession animals exceeding the number of animals permitted in Subsection A shall, for the lifetime of said animal, be permitted to keep same. However, said persons, as the number of animals in their possession decreases due to death or for whatever reason, shall not be permitted to replace said animals. It is the intent of this section to bring those persons who, on the effective date of this chapter, have more than the permitted number of animals into compliance with this section without requiring said persons to, on the effective date of this chapter, immediately dispose of their animals to meet the requirements of this section.
C.Â
It shall be unlawful for any person, association or
corporation owning, keeping, harboring or having custody or possession
of any dog or cat, whether registered or not, to permit such dog or
cat to be in or upon any public street, avenue or highway, or in any
public or quasi-public place, or upon property owned by a person other
than the dog or cat's owner, in the Township of Pennsauken, unless
such dog or cat shall be led by a chain, cord, thong or other leash
in the hands of a person capable of leading and controlling such dog
or cat, or unless such dog or cat shall be securely confined in an
automobile or other vehicle.
D.Â
A female dog or cat in heat must be confined to the
house or pen. When she is being exercised or walked she must be on
lead with a responsible adult. During this period in heat, said dog
or cat shall not be chained in an open yard or area at any time.
E.Â
It shall be unlawful for any person or corporation
owning, keeping, harboring or having custody or possession of a vicious
dog, as defined, whether registered or not, to permit such dog to
be in or upon any public street, avenue, road or highway, or in or
upon any public or quasi-public place, or upon property owned by a
person other than the dog's owner, unless at such time such dog shall
be led by a chain, cord, thong or other leash in the hands of a person
capable of leading and controlling such dog.
F.Â
Tethering of dogs and cats.
(1)Â
It is unlawful to chain or tether unaltered animals
(dogs or cats that are unspayed or unneutered) in any manner and/or
at any time within the Township.
(2)Â
Altered animals (dogs or cats that have been spayed
or neutered) may be tethered (which, for the purposes of this subsection,
shall include chains as well as any other tether material) only under
the following conditions:
(a)Â
Tethers must allow the animal access to shelter,
food and water and can be used only in an area where it will not be
tangled around objects.
(b)Â
Tethers must be at least 15 feet long, have
a swivel on both ends, weigh no more than 1/8 of the dog's weight
and be attached to a properly fitting collar or harness.
(c)Â
Tethers must be at least 15 feet long, have
a swivel on both ends, weigh no more than 1/8 of the animal’s
weight and be attached to a properly fitting collar or harness.
(d)Â
The tether must restrain the animal on the owner's
own property.
(e)Â
Animals may be chained or tethered for no more
than four consecutive hours, or six hours total hours in any twenty-four-hour
period of time and never between sunset and sunrise.
The Township Committee may contract with any
established humane society, animal welfare group or dog warden to
pick up, impound and dispose of dogs impounded, at a fixed rate of
compensation and for a specified period of time. The term "Animal
Control Officer" shall be used hereinafter to refer to a humane society,
group or organization, as appropriate.
[Amended 6-3-2021 by Ord. No. 2021:12]
A canvass of dogs and cats in the Township shall
be taken by the Animal Control Officer or by a person appointed by
the Township Committee, which individual shall, on or before May 1
of the year in which the canvass is made, render a report, to the
licensing official, to the Township Board of Health and to the State
Department of Health, of the results of the canvass, setting forth
the names and addresses of the persons owning unlicensed dogs and
cats and the number of unlicensed dogs and cats owned by each said
persons, with a complete description of each unlicensed dog and cat.
A.Â
Any dog running at large, or any dog off the premises
of the owner of said dog and not on a leash, or any dog which a police
officer of the Township or the Animal Control Officer appointed by
the Township has reason to believe is a stray dog, or any dog off
the premises of the owner of said dog without a current registration
tag on the collar, or any dog being or reasonably suspected of being
rabid, shall be seized promptly by any police officer of the Township
or by the Animal Control Officer and impounded in the dog pound or
shelter.
B.Â
The owner of said dog if such dog is licensed, or,
if said dog is unlicensed, the owner of such dog if known or if it
can be ascertained upon a reasonably diligent inquiry, shall be notified
that the dog has been seized and will be liable to be offered for
adoption or destroyed if not claimed within seven days after service
of the notice.
[Amended 12-30-2002 by Ord. No. 02-32]
C.Â
A notice under this section of this article may be
served either by personal delivery to the owner or by leaving it at
the owner's usual or last known place of abode, or at the address
given on the dog's permit application form, or by forwarding a notice
by mail in a prepaid letter addressed to the owner at his or her last
abode.
D.Â
Where any dog has been seized and detained for seven
days after the giving of notice, or where no notice has been able
to be given and the dog has been detained for seven days after seizure,
and the said dog has not been claimed by its owner, and all expenses
incurred by reason of its detention, including maintenance and the
cost of picking up and detaining the dog, have not been paid, and
if the dog is unlicensed at the time of seizure and the owner of said
dog has not produced a license or registration tag for said dog, the
Chief of Police or the Animal Control Officer may cause the dog to
be offered for adoption or destroyed in a manner causing as little
pain as possible.
[Amended 12-30-2002 by Ord. No. 02-32]
E.Â
The Chief of Police or Animal Control Officer may
segregate, from unclaimed dogs to be put to death, such worthy or
valuable dogs as may be purchased because of their value or because
previous request has been received to purchase the same.
A.Â
The Animal Control Officer shall keep a careful record
of all dogs received by him or her, describing each dog carefully
and describing clearly and fully the disposition of each dog.
A.Â
No person shall keep, harbor or own any dog which,
by habitual barking, yelping or howling or by the creation of obnoxious
odors or by constant threat of biting, shall cause clear annoyance
to people passing to and fro upon the public streets or to people
on neighboring properties.
B.Â
No person shall be cruel or inhumane to a dog, said
cruelty and inhumanity consisting of biting, torturing, mutilating,
cruelly killing or clear failure to provide food, drink or shelter
for a dog or abandoning an old, sick or disabled dog.
C.Â
No person owning, keeping, harboring or having custody
of a dog shall permit it to cause a traffic hazard or to do or cause
any injury to other domestic animals which are not at fault or to
do damage to any lawn, shrubbery, flowers or garden grounds or to
commit any nuisance on any other property of others. The said person
may either be liable for the injury or damage or for compensation
of the absorbed cost. However, any damages which may be recoverable
for any injury shall be pursued by civil remedies.
D.Â
Further, no person owning, harboring, keeping, walking
or in charge of any dog shall cause, suffer, permit or allow such
dog to soil, defile, defecate on or commit any nuisance on any common
thoroughfare, street, sidewalk, passageway, road bypass, play area,
park or any place where people congregate or walk or upon any public
property whatsoever or upon any private property without the permission
of the owner of the private property in the last instance. If any
such person shall permit such dog to soil, defile, defecate on or
commit any nuisance on the areas aforesaid, he or she shall immediately
remove and dispose of all feces and droppings deposited by such dog,
which removal shall be in a sanitary manner by a shovel, container,
disposal bag, etc. In a multidwelling complex, the tenant dog owner
shall take the dog to the only designated walking area for dogs or
other animals which shall be provided and maintained in a sanitary
manner by the management of the complex. On the dog owner's own property,
the the property shall be maintained in a sanitary manner in order
to prevent any noxious odors, attraction of vermin breeding or any
other public health nuisance to neighbors.
[Added 8-26-1998 by Ord. No. 98-34]
A.Â
No person shall abandon a dog for any reason for any
period of time or fail to provide the dog with sufficient quantity
of good and wholesome food and water, proper shelter and protection
from the weather, veterinary care when needed to prevent suffering,
and humane care and treatment.
B.Â
When, without authorization from the Township Animal
Control Officer, an injured or sick animal with no known owner is
brought from within the Township boundary lines to a veterinary clinic
in Pennsauken or to an adjacent municipality for emergency veterinary
care, the Township will be responsible for only up to $100 of the
cost of any emergency veterinary care that animal may receive, unless
the veterinary care is authorized in writing by the Township Animal
Control Officer. This emergency care will be limited to veterinary
first-aid-type treatment only, such as the stoppage of bleeding, relieving
of pain, stabilizing of body temperature, placing of splints, etc.
C.Â
The maximum time period for emergency treatment will
be limited to 72 hours after receipt of the animal, unless written
authorization to proceed beyond that amount of time is provided by
the Township Animal Control Officer. If after the first 72 hours of
emergency treatment the animal's injuries are considered critical
and terminal in the opinion of the attending veterinarian, the owner
of the animal remains unknown, and the Township Animal Control Officer
and the attending veterinarian concur, the injured dog will be placed
for euthanasia.
D.Â
When any extensive veterinary care is needed, the
attending veterinarian must obtain the approval of the Township Animal
Control Officer prior to administering further treatment. If the animal,
in the opinion of the attending veterinarian, requires hospitalization
beyond 72 hours, permission for this must be obtained in writing from
the Township Animal Control Officer.
E.Â
If no owner is found within 72 hours and the veterinary
hospital intends to keep the animal for adoption, it will then become
the obligation of the veterinary hospital to notify the Township Animal
Control Officer of the new owner's name and address. It will also
be the obligation of the veterinary hospital to fulfill all legal
requirements as to necessary care for the animal, length of time it
must remain in the facility's care, etc., before the animal can be
released.
A.Â
Public nuisance defined. Within the purview of this
section, a cat shall be considered a public nuisance if it has no
known owner or custodian or if it has no known place of care or shelter
or if it habitually trespasses upon or damages either public or private
property or annoys, bites, scratches of harms lawful occupants thereof.
In addition, any cat in the Community Cat Management Program is a
public nuisance in the following situations:
[Amended 6-3-2021 by Ord. No. 2021:12]
(1)Â
Habitually
or continually howling, crying or screaming;
(2)Â
The
habitual destruction, desecration or soiling of property against the
wishes of the owner of the property;
(3)Â
Habitual
trespassing upon public or private ground;
(4)Â
Any
manner of keeping that causes one or more of the following: unsanitary
conditions, foul odors, infestation by insects or rodents, or physical
conditions that endanger the health or safety of humans or other animals.
B.Â
Duties of owners or custodians. Any person who owns,
keeps or harbors any cat at any place within the Township of Pennsauken
and who permits any cat to enter the corporate limits of the Township
shall exercise sufficient and proper care of and control over such
animal at all times so as to prevent the same from becoming a public
nuisance, as defined in this section.
C.Â
Harboring strays. With the exception of individuals
who are properly registered under the Community Cat Management Program
as set forth herein, no person shall harbor any nonowned stray cat
or make food or shelter available to the same following receipt of
a notice from the Township or Animal Control Officers.
D.Â
Seizure and custodial care. The Animal Control Officer
or other person designated by the Township Committee as a person authorized
to enforce the provisions of this section shall, upon receipt of a
complaint that a cat is a public nuisance, as defined herein, seize
said cat and keep the same in his or her care and custody for a period
of seven full days from the date of apprehension.
E.Â
Notice of seizure. If any cat apprehended pursuant
to the provisions of this section bears any identification of ownership
or place of abode, the Animal Control Officer or other duly authorized
apprehending official shall, on the day of apprehension, notify the
owner or the occupant of the said place of abode that the animal has
been apprehended and that it may be claimed at a designated location,
subject to the provisions of this section.
F.Â
Provisions for reclaiming. During the aforementioned
seven-day custodial period, any cat so incarcerated may be claimed
by its owner upon payment to the Animal Control Officer or other duly
authorized custodian of a maintenance fee for each day or fraction
thereof that said cat has been in custody and a fee for picking up
and detaining said cat.
G.Â
Disposition of unclaimed cats. Any cat which has been
seized pursuant to this section and which has not been reclaimed during
the custodial period herein set forth may be claimed by any person
willing to assume the responsibilities of ownership. Otherwise said
cat may be disposed of by the Animal Control Officer or other duly
designated official in as humane a manner as possible.
[Amended 4-10-1991 by Ord. No. 91-21; 7-25-2007 by Ord. No. 2007-26]
Any person who violates any provision of this
article shall be subject to one or more of the following: a fine not
exceeding $2,000 or imprisonment in the county jail for a term not
exceeding 90 days, or a period of community service not exceeding
90 days, in the discretion of the Municipal Court Judge.
