[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.
- ANIMAL CARE FACILITY
- 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]
- ANIMAL RESCUE ORGANIZATION
- 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.
- OFFER FOR SALE
- 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.
- PET SHOP
- 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.
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.
A license shall be required for any dog 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.
Any person who owns a dog that has reached licensing age shall annually in the month of January obtain a license and official metal registration tag for each dog so owned.
The owner of a newly acquired dog of licensing age or of any dog which attains licensing age shall make application for the license and registration tag for such dog within 10 days after such acquisition or age attainment.
Any person who brings or causes to be brought into the Township any dog licensed in another state for the current year and bearing a registration tag for such dog, who shall keep the same or permit the dog 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.
Any person bringing or causing to be brought into the Township any unlicensed dog and who shall permit the dog 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 upon conclusion of said ten-day period.
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]
The application shall state the breed, sex, age, color and markings of the dog for which license and registration are sought and whether such dog 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.
[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]
The fee for issuance of a dog license and each renewal thereof shall be $12 for spayed or neutered dogs and $15 for unspayed or nonneutered dogs, which fees shall include the fee for the registration tag.
[Amended 12-30-2002 by Ord. No. 02-32; 10-1-2008 by Ord. No. 08-28]
Editor's Note: This ordinance also provided that the fees will become effective beginning with the 2009 licensing year.
Late application. Whenever an application for the renewal of a dog license is made after January 31, the late fee is $10 in addition to the original cost.
[Amended 10-23-2013 by Ord. No. 2013:20]
Editor's Note: This ordinance also provided that the fees will become effective beginning with the 2014 licensing year.
[Amended 12-30-2002 by Ord. No. 02-32]
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.
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. 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.
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.
Every dog 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 without the consent of the owner; nor shall any person attach a registration tag to a dog for which it was not issued.
Dog kennels may be located in the Township where permitted by the Township's Zoning Ordinance.
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.
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.
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.
The kennel license is not transferable.
A pet shop shall be permitted in the Township, as provided in Chapter 141, Development Regulations.
The annual license fee for a pet shop shall be $10.
[Added 5-18-2016 by Ord. No. 201605]
[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]
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.
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.
It shall be unlawful for any person, association or corporation owning, keeping, harboring or having custody or possession of any dog, whether registered or not, to permit such dog 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's owner, in the Township of Pennsauken, unless 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, or unless such dog shall be securely confined in an automobile or other vehicle.
A female dog 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 shall not be chained in an open yard or area at any time.
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.
Tethering of dogs.
[Added 10-1-2008 by Ord. No. 08-28]
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.
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:
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.
Tethers must be at least 15 feet long, have a swivel on both ends, weigh no more than 1/8th of the dog's weight and be attached to a properly fitting collar or harness.
Tethers cannot inhibit the animal's movement or cause injury, entanglement or strangulation.
The tether must restrain the animal on the owner's own property.
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.
A canvass of dogs 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 the number of unlicensed dogs owned by each said persons, with a complete description of each unlicensed dog.
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.
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]
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.
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]
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.
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.
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.
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.
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.
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]
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.
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.
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.
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.
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.
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 private or public property or annoys, bites, scratches or harms lawful users or occupants thereof.
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.
Harboring strays. 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:
[Added 7-11-2007 by Ord. No. 07-17]
Advising said person that harboring in violation of this article is occurring.
Give said person seven days within which to cease and desist such harboring.
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.
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.
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.
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.