Township of Washington, NJ
Warren County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Washington 5-17-1994 by Ord. No. 94-7. (This ordinance also superseded former Ch. 66, Dogs, adopted 2-19-1969, as amended.) Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 89.
As used in this chapter, the following words shall have the meanings as indicated:
ANIMAL CONTROL OFFICER
The designated township official authorized to conduct the annual canvass of dogs within the township, to impound and take dogs into custody and to destroy dogs so impounded as provided by statute, as well as any and/or all other duties as assigned by this Code and/or state laws/regulations.
DOG
Any dog, neutered, 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, whichever occurs first.
KENNEL, COMMERCIAL
An establishment, licensed as a commercial kennel under this Code (Chapter 66), wherein or whereupon the business of boarding or selling dogs or breeding dogs for sale is carried on, except that a pet shop or veterinary office (as defined in this chapter) where dogs of licensing age are kept and maintained for any reason in one place or establishment shall not be deemed a commercial kennel.
[Amended 4-18-1995 by Ord. No. 95-13]
KENNEL, NONCOMMERCIAL
An establishment, licensed as a noncommercial kennel under this chapter, where a breed or dog fancier who is a resident or owner of the lot on which the establishment is located keeps six or more dogs of a licensable age, but no more than 10 dogs of a licensable age, with a principal purpose of breeding for the enhancement or perpetuation of a given breed, hunting, practice tracking exhibit (showing) in dog shows, training for field or obedience trials, guarding or protecting of the householder's property or person or the householder's personal or professional enjoyment and not for the purpose of sale.
[Amended 4-18-1995 by Ord. No. 95-13]
OWNER
When applied to the proprietorship of a dog, means and includes every person having a right of property in such dog and every person who has such a dog in his/her keeping.
PERSON
Any individual, firm, partnership, corporation or association of persons.
PET SHOP
Any room or group of rooms, cage or exhibition pen not part of a kennel wherein dogs for sale are kept or displayed.
POUND
An establishment for confinement of dogs whether seized under provisions of this chapter or otherwise.
SHELTER
Any establishment where dogs are received, housed and distributed without charge.
TOWNSHIP
The Township of Washington, in the County of Warren.
VETERINARIAN
One who is registered and licensed in the State of New Jersey to practice veterinary medicine or surgery.
VETERINARY OFFICE
An establishment where dogs are received, housed and discharged after being cared for by a New Jersey veterinarian, as defined above.
A. 
The Animal Control Officer is hereby designated as the official to conduct the annual canvass of dogs within the township, to impound and take dogs into custody and to destroy dogs so impounded, as provided by statute. The Township Clerk or designee is hereby designated as the official to license dogs within the township.
B. 
Disposition of fees. License or other fees collected under the provisions hereof, except those paid to the state, shall be turned over to the Township Chief Financial Officer within 30 calendar days of collection. The fees collected shall be accounted for and spent in accordance with N.J.S.A. 4:19-15.11, as amended and supplemented from time to time. Such portion of this license fee, as is required by law, shall be forwarded to the State Department of Health.
C. 
List of licensed establishments forwarded to State Health Department. The authorized township licensing official shall forward to the State Department of Health a list of all kennels 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.
A. 
Any person who shall have owned, kept or harbored a dog of licensing age in the township on or before January 31, 1994, and annually thereafter, in accordance with an annual dog license or renewal thereof issued pursuant to the provisions of N.J.S.A. 4:19-15.1 to 4:19-15.23 (inclusive) and N.J.S.A. 4:19-15.27, as well as any amendments and supplements thereto, shall apply for and procure from the Township Clerk a license and official metal registration tag for such dog so owned, kept or harbored and shall place upon each such dog a collar or harness to which the registration tag shall be securely fastened.
[Amended 4-18-1995 by Ord. No. 95-13]
B. 
Kennels (commercial or noncommercial), pet shops, veterinary offices, shelters or pounds.
(1) 
Any person who keeps or operates or proposes to establish a kennel (commercial or noncommercial) shall apply to the Township Clerk of the township to license dogs for a license entitling him/her to keep or operate such establishment. The township will not issue a municipal license for any person who does not meet the following criteria:
(a) 
Any kennel to be licensed hereunder shall be so located, constructed, arranged and/or operated in such manner that it is not a nuisance as to noise, odors or other actions to the neighborhood and further in such manner that the dogs maintained therein cannot come in contact with other dogs not owned or maintained by the owner of the kennel.
(b) 
The application shall include a description of the premises as to zoning location, to be 80,000 square feet (R-80) or larger (R-120) for noncommercial kennels, and commercial zones for commercial kennels. The application shall also set forth where the establishment is located or is proposed to be located and the purpose(s) for which it is to be maintained. Such application shall be accompanied by the written approval of the Township Board of Health and the Township Zoning Officer showing compliance with local and state rules and regulations governing location of and sanitation of such establishments, as well as compliance with this Code.
[Amended 4-18-1995 by Ord. No. 95-13]
(2) 
All licenses issued for a kennel (commercial and noncommercial) shall state the purpose for which the establishment is maintained, and all such licenses shall expire on the last day of January of each year. Said license shall be subject to nonrenewal only by the Township Committee, upon recommendation of the State Department of Environmental Protection and Energy (DEPE) or the Township Board of Health or the Township Planning Board or the Township Animal Control Officer, as applicable, for failure to comply with the rules and regulations of the applicable agencies/boards governing the same, after the owner has been afforded a hearing by the Township Committee.
[Amended 4-18-1995 by Ord. No. 95-13]
(3) 
Any person holding a commercial license shall not be required to secure individual licenses for dogs owned by such licensee and kept at such establishment. Such kennel licenses (commercial or noncommercial) shall not be transferable to another owner or to different premises of the same owner.
[Amended 4-18-1995 by Ord. No. 95-13]
(4) 
No dog in a kennel, pet shop, veterinary office, shelter or pound shall be permitted off such premises, except on a leash or in a cage or other safe control.
(5) 
A person must be at least 18 years of age with a valid ID to be named as an owner or one of the owners of the property/location of the facility.
(6) 
Neither the applicant nor any member of his or her immediate family may have been convicted of any form of animal cruelty.
C. 
No license shall be issued for any dog unless the owner applying for the license shall exhibit a licensed veterinarian's certificate that the dog has been currently vaccinated against rabies, pursuant to N.J.S.A. 4:19-15.2a, as amended and supplemented, and that the rabies vaccine should extend throughout the period for which a license is being issued. The dog should also be vaccinated against distemper and parvovirus.
A. 
The person applying for the license and registration, except for noncommercial kennels, shall pay a fee of either $7.20 for a spayed and/or neutered dog(s) or $10.20 for a nonspayed and nonneutered dog(s) for a one-year license and one-year registration for each dog. For each renewal, the fee for the license and registration tag shall be the same as the original license and tag, and such license/registration tags and renewals thereof shall expire on January 31 of the year following the year the license/registration was issued consistent with the term of the license. In the event that said license and registration is applied for after February 1 of each year, an additional late fee of $5 per month will be charged. The noncommercial kennel license must be obtained before individual licenses/registrations can be issued. The fee for a duplicate dog license shall be $3 per duplicate.
[Amended 4-18-1995 by Ord. No. 95-13; 4-23-1996 by Ord. No. 96-6; 12-18-2007 by Ord. No. 2007-23]
B. 
Dogs used as guides for blind persons, commonly known as "Seeing Eye" dogs, or dogs used to assist deaf persons, commonly known as "hearing ear" dogs, or dogs used for therapy for persons with other afflictions shall be licensed and registered as other dogs as hereinabove provided, except that the holder or keeper of such dog shall not be required to pay any fee therefor.
C. 
The annual license fees, including licensure/registration for each dog, are as follows:
(1) 
Kennels.
[Amended 4-18-1995 by Ord. No. 95-13]
Type
Annual Flat Fee
Commercial kennel
$125
Noncommercial kennel
$50
(2) 
No fee shall be required for a shelter, pound, pet shop or veterinary office.
(3) 
An additional annual fee of $10 for each dog exceeding the total number of 10 for each commercial kennel will be charged. Example: One commercial kennel with 12 dogs will be charged $125 for a flat annual fee plus $10 each for the two dogs exceeding the total of 10 dogs for that kennel, equaling $20. Total fee is $145.
(4) 
The license for a commercial and/or noncommercial kennel shall expire on January 31 of the following year the license was issued consistent with the terms of the license and this chapter. Commercial kennel application shall include proof of the national dog registry of an approved tattoo for each dog at the time of licensing/registration.
[Amended 4-18-1995 by Ord. No. 95-13]
(5) 
In the event that said license is applied for after February 1 of each year, an additional $15 per month will be charged.
A. 
Any person owning, keeping, maintaining, harboring or having charge of a dog in the township shall:
(1) 
Prevent such dog from running at large upon any public highway, street, alley, park, sidewalk or other public place within the township.
(2) 
Prevent such dog from running at large upon the lands or premises of any person, other than the person owning, keeping, maintaining, harboring or having charge of such dog, without the consent of the owner or lessee of such private lands and premises.
(3) 
Prevent such dog from barking, crying, whining, howling or otherwise unreasonably disturbing the peace or quiet of the neighborhood.
(4) 
Prevent such dog from injuring any other person or animal or damaging any lawns, shrubbery, flowers, grounds or property of any person other than the person owning, harboring, keeping or having charge of such dog.
B. 
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 chapter, as unreasonably disturbing the peace or quiet of the neighborhood.
C. 
No person, agency or institution owning, harboring, keeping or in charge of any dog shall cause, suffer or allow such dog to soil, defile, defecate upon or commit any nuisance upon any private property whatsoever, except with the express authority or permission of the owner of said property.
[Added 5-16-1995 by Ord. No. 95-19]
D. 
Any person, agency or institution owning, harboring, keeping or in charge of any dog shall not cause, suffer or allow such dog to defecate upon any public property without picking up the feces and disposing of the feces in a sanitary manner.
[Added 5-16-1995 by Ord. No. 95-19]
Any dog which has attacked or bitten any human being or which habitually attacks other dogs or domestic animals is hereby defined a vicious dog for the purposes of this section. It shall be the duty of the Animal Control Officer or designee to receive and investigate complaints against dogs, and, when any dog complained against shall be deemed by such Animal Control Officer or designee to be a vicious dog, as herein defined, said officer or designee shall report the facts to the Municipal Court, which shall thereupon cause the owner or person harboring such dog to be notified in writing of the complaint against such dog and to appear before said Court at a stated time and place. The Court, at the time set for such hearing, shall inquire into the facts and give all interested persons an opportunity to be heard under oath and to be represented by counsel, if desired. If the Court so determines the dog in question to be a vicious dog, said dog shall be destroyed or muzzled, at the discretion of the Court.
A. 
The Animal Control Officer shall be a person appointed by the township on an annual basis to be compensated pursuant to a duly adopted salary ordinance.[1] The township may also appoint a Deputy Animal Control Officer on an annual basis to be compensated pursuant to a duly adopted salary ordinance.
[1]
Editor's Note: See Ch. 34, Salaries and Compensation.
B. 
The Animal Control Officer or deputy or other designee shall have those powers as set forth in state law and/or regulations and/or provisions of the Township Code, including this chapter.
A. 
Kennels. All licenses for a kennel (commercial and noncommercial) shall be subject to revocation during the licensing year only by the Township Committee on recommendation of the State Department of Health or State Department of Environmental Protection and Energy (DEPE) or the Township Board of Health or the Township Planning Board or the Township Zoning Officer or the Township Animal Control Officer or designee for failure to comply with applicable provisions of this chapter or the rules and regulations of the applicable state and/or township agencies governing the same, after the licensee has been afforded a hearing by the Township Committee.
B. 
General. Any person who violates any of the provisions of this chapter or who fails or refuses to comply with any of the provisions hereof shall, upon conviction, be punished by a fine of not more than $1,000 or by imprisonment for a period not to exceed 90 days or by community service for a period not to exceed 90 days, or by both fine and imprisonment.
[Added 5-19-1998 by Ord. No. 98-12]
A. 
"Pet shop" is hereby defined as a 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.
B. 
Any pet shop which shall be operated within the township shall be subject to the provisions of this section in order to conduct its operations, including the necessity of a license.
C. 
The township shall promulgate an application for any pet shop operator. Said application shall include but not be limited to the following:
(1) 
Name, address/location and telephone number of the pet shop.
(2) 
Name, address and age of the owner of the pet shop.
(3) 
Area in which any dog cages will be located within the pet shop.
(4) 
Information as to vaccination and animal cruelty.
(5) 
Types/kinds of other pets to be sold in the pet shop.
(6) 
Certification of approvals from the Warren County Board of Health/Health Department, Washington Township Animal Control Officer, Washington Township Police Department and the Washington Township Zoning Officer, as well as the Washington Township Planning Board/Washington Township Zoning Board of Adjustment, if applicable.
D. 
Prior to the issuance of a license, whether initial or renewal, the Warren County Board of Health/Health Department must inspect the pet shop and certify that the pet shop is in compliance with N.J.A.C. 8:23A-1.1 through N.J.A.C. 8:23A-1.13, as may be amended and supplemented from time to time.
E. 
Any pet shop license shall be for a one-year duration, running from July 1 through June 30 of the following year. Any license application that shall occur after July 1 shall only be for the period in question until the following June 30, and the license fee shall cover the license term, whether for the full term or partial. The license fee, whether for an initial license or a renewal license, shall be $175. Failure to apply for a license shall result in a $25 per month late penalty for each month after July 1. Said license must be approved by the Township Committee prior to its issuance.