[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superseded former Ch. 66, Dogs, adopted 2-19-1969, as amended.)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:
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.
Any dog, neutered, bitch or spayed bitch.
Any dog which has attained the age of seven months or which
possesses a set of permanent teeth, whichever occurs first.
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]
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, but no more than 10 dogs, 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; 7-21-2020 by Ord. No.
2020-05]
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.
Any individual, firm, partnership, corporation or association
of persons.
Any room or group of rooms, cage or exhibition pen not part
of a kennel wherein dogs for sale are kept or displayed.
An establishment for confinement of dogs whether seized under
provisions of this chapter or otherwise.
Any establishment where dogs are received, housed and distributed
without charge.
The Township of Washington, in the County of Warren.
One who is registered and licensed in the State of New Jersey
to practice veterinary medicine or surgery.
An establishment where dogs are received, housed and discharged
after being cared for by a New Jersey veterinarian, as defined above.
A.Â
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.Â
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.Â
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.Â
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.Â
Kennels (commercial or noncommercial), pet shops,
veterinary offices, shelters or pounds.
(1)Â
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)Â
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)Â
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)Â
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)Â
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)Â
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)Â
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)Â
Neither the applicant nor any member of his or her
immediate family may have been convicted of any form of animal cruelty.
C.Â
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.Â
The person applying for the license and registration,
except for noncommercial kennels, shall pay a fee of either $10 for
a spayed and/or neutered dog(s) or $13 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; 10-18-2022 by Ord. No. 2022-17]
B.Â
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.Â
The annual license fees, including licensure/registration
for each dog, are as follows:
(1)Â
Kennels.
[Amended 4-18-1995 by Ord. No. 95-13]
|
Type
|
Annual Flat Fee
| |
|---|---|---|
|
Commercial kennel
|
$125
| |
|
Noncommercial kennel
|
$50
|
(2)Â
No fee shall be required for a shelter, pound, pet
shop or veterinary office.
(3)Â
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)Â
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)Â
In the event that said license is applied for after
February 1 of each year, an additional $15 per month will be charged.
A.Â
Any person owning, keeping, maintaining, harboring
or having charge of a dog in the township shall:
(1)Â
Prevent such dog from running at large upon any public
highway, street, alley, park, sidewalk or other public place within
the township.
(2)Â
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)Â
Prevent such dog from barking, crying, whining, howling
or otherwise unreasonably disturbing the peace or quiet of the neighborhood.
(4)Â
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.Â
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.Â
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.Â
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.Â
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.
B.Â
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.Â
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.Â
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 $2,000 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.
[Amended 7-21-2020 by Ord. No. 2020-05[1]]
C.Â
Injunctive relief. Any person who violates any of the provisions
of this chapter or who refuses to comply with any of the provisions
hereof shall be required to cease any and all operations until compliance
therewith is achieved.
[Added 7-21-2020 by Ord.
No. 2020-05]
[Added 5-19-1998 by Ord. No. 98-12]
A.Â
"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.Â
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.Â
The township shall promulgate an application for any
pet shop operator. Said application shall include but not be limited
to the following:
(1)Â
Name, address/location and telephone number of the
pet shop.
(2)Â
Name, address and age of the owner of the pet shop.
(3)Â
Area in which any dog cages will be located within
the pet shop.
(4)Â
Information as to vaccination and animal cruelty.
(5)Â
Types/kinds of other pets to be sold in the pet shop.
(6)Â
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.Â
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.Â
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.
