City of Woodbury, NJ
Gloucester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the City of Woodbury 10-19-1976 by Ord. No. 1294-76 as Ch. 82 of the 1976 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 128.
Parks and recreation areas — See Ch. 136.
Removal of dog wastes — See Ch. 211, Art. I.
[Amended 6-13-1989 by Ord. No. 1591-89]
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
CAT
Any member of the domestic feline species.
CAT OF LICENSING AGE
Any cat that has attained the age of six months.
DOG
A carnivorous domesticated mammal (Canis familiaris), whether male or female, regardless of age.
OWNER
When applied to the proprietorship of a dog or cat, every person having a property right in such dog or cat, and every person who has such dog or cat in his or her keeping.
PET SHOP
Any room or group of rooms, cage or exhibition pen, not part of a kennel, in which dogs and cats for sale are kept or displayed.
STRAY OR ABANDONED ANIMAL
Any domesticated animal, carnivorous or otherwise.
VICIOUS DOG
Any dog which has attacked or bitten any human being or which habitually attacks other dogs or domestic animals.
[Amended 12-9-1980 by Ord. No. 1369-80; 10-12-1982 by Ord. No. 1429-82; 12-20-1983 by Ord. No. 1449-83; 2-7-1989 by Ord. No. 1575-89; 6-13-1989 by Ord. No. 1591-89; 11-28-2005 by Ord. No. 2015-05]
Every person who shall own, possess, keep or harbor any cat of licensing age or any dog within the limits of the City shall obtain an annual license for the same and shall have the same registered and numbered with the City Clerk/Administrator and for each such license shall pay the sum of $7, together with a sum now or hereafter required by the State of New Jersey to be charged for the same, which sum shall be in addition to the $7, and all such licensing and registration fees shall be paid and collected as provided in this chapter.
[Amended 6-13-1989 by Ord. No. 1591-89]
A. 
All applications for cat or dog licenses shall be made to the City Clerk/Administrator, who shall provide a book for the purpose of registering the name of the person owning, keeping, possessing or harboring any cat or dog, and the name of each animal registered and its number shall be entered in such book. Numbers for each application for registration of the same shall be in the order in which the applications are made.
B. 
The application shall state the breed, sex, age, color and markings of the dog or cat for which license and registration are sought and, as to dogs, whether it is of a long- or short-haired variety. It shall also state the name, street and post office address of the owner or the person who shall keep or harbor same.
C. 
The information on the application and the registration number issued for the dog or cat shall be preserved for a period of three years by the City Clerk/Administrator. In addition, he or she shall forward similar information to the State Department of Health each month on forms furnished by the Department.
[Amended 6-13-1989 by Ord. No. 1591-89]
A. 
The owner of every dog or cat shall pay the license fee to the City Clerk/Administrator on or before the last day of January in each year, and upon receipt of the required license fee and upon presentation of a current rabies certificate, the City Clerk/Administrator shall issue to each person paying such license fee a license for the keeping of such cat or dog, which shall contain the name and address of the owner of such cat or dog and a short description of the cat or dog, indicating the name, breed, sex, age, color, markings and also the number of such license and which shall bear the signature of the City Clerk/Administrator.
B. 
All licenses shall expire on the last day of January in each year.
C. 
The City Clerk/Administrator shall also issue for each dog or cat licensed a numbered metal tag, designated as a registration tag, which tag shall be securely attached to each dog or cat so licensed and shall have marked thereon the words "Licensed Dog, Woodbury, N.J." or "Licensed Cat, Woodbury, N.J." with the year for which it is issued. The City Clerk/Administrator may issue substitute tags upon proof, in writing, from the owner or member of the owner's household above the age of 14 years, sufficient to satisfy the City Clerk/Administrator, of the loss of the original tag. Any owner so obtaining such substitute tag shall pay an additional registration fee of $1 for each and every substitute tag.
[Amended 6-13-1989 by Ord. No. 1591-89]
The owner of any newly acquired cat of licensing age or dog shall make application for license and registration tag for such cat or dog within 10 days after such acquisition.
[Amended 11-28-2005 by Ord. No. 2015-05]
Dogs used as guides for blind persons and commonly known 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 under the provisions of this chapter, except that the owner or keeper of such dog shall not be required to pay any fee.
[Amended 5-17-1977 by Ord. No. 1309-77; 6-13-1989 by Ord. No. 1591-89; 11-28-2005 by Ord. No. 2015-05]
Every person who shall own, keep, possess or harbor any cat or dog in the City and who shall neglect or refuse to cause such cat or dog to be licensed as provided in this chapter on or before the last day of January in each year shall be guilty of a violation of this chapter; provided, however, that any owner of a cat of licensing age or a dog who shall bring the same into the City, which dog or cat has been licensed in another state for the current year and bears a registration tag, and who shall keep the same or permit the same to be kept within the City for a period of more than 90 days, shall immediately apply for a license and registration tag for the same unless the same is licensed under § 59-8; and provided further that any person who shall bring or cause to be brought into the City any unlicensed dog or cat of licensing age and shall keep the same or permit the same to be kept within the City for a period of more than 10 days shall immediately apply for a license and registration tag for such dog or cat, unless the same is licensed under § 59-8. The fine for violations of this section shall be as provided N.J.S.A. 4:19-15.19.
[Amended 6-13-1989 by Ord. No. 1591-89]
A. 
Any person who keeps or operates or proposes to establish a pet shop shall apply to the City Clerk/Administrator for a license to operate such establishment.
B. 
The annual license fee for a pet shop shall be $10.
[Amended 10-12-1982 by Ord. No. 1429-82; 12-20-1983 by Ord. No. 1449-83; 6-13-1989 by Ord. No. 1591-89]
A. 
License fees and other moneys collected or received under the provisions of this chapter, except registration tag fees, shall be forwarded to the Treasurer of the City within 30 days after collection or receipt and shall be placed in a special account separate from any of the other accounts of the City, which funds shall be used for the following purposes only: for collecting, keeping and disposing of dogs and cats liable to seizure under this chapter; for local prevention and control of rabies; for providing antirabic treatment under the direction of the local Board of Health for any person known or suspected to have been exposed to rabies; and for payment of damage to or losses of poultry or domestic animals, except dogs and cats, caused by a dog or cat. Any unexpended balance remaining in such special account shall be retained therein until the end of the third fiscal year following and may be used for any of the purposes set forth in this section. At the end of the third fiscal year following and at the end of each fiscal year thereafter, there shall be transferred from such special account to the general funds of the City any amount then in such account which is in excess of the total amount paid into the special account during the last two fiscal years next preceding.
B. 
Any fees required to be charged by the State of New Jersey, or any department thereof, collected in conjunction with the licensing fees provided in § 59-2 hereof shall be forwarded within 30 days after collection by the City Clerk/Administrator to such state agency as required by law.
[Amended 6-13-1989 by Ord. No. 1591-89]
Any person who harbors or any dog or cat for a period of 30 days or more shall, for the purpose of this chapter, be deemed to be the owner of the dog or cat so harbored or possessed.
[Amended 6-13-1989 by Ord. No. 1591-89]
No person except an officer in the performance of his or her duties 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 6-13-1989 by Ord. No. 1591-89]
A. 
Any dog or cat owner who shall permit his or her unlicensed dog or cat to run at large or who shall permit his or her dog or cat, whether licensed or not, to run at large without the tag provided for in § 59-4 or who shall cause or permit any unlicensed dog or cat to wear such a tag shall be guilty of a violation of this chapter.
B. 
Any person owning, keeping or harboring any cat or dog, whether the same is licensed or unlicensed, who shall allow the same to run at large in or about the streets, highways or public places of the City or to run at large upon lands and premises of any person other than the owner or persons in possession of the same without permission of the landowner first obtained in writing shall be guilty of a violation of this chapter.
Any person who shall abandon or leave uncared for any dog, cat or other domestic animal upon the streets, highways, alleys or other public places in the City or upon lands and premises owned or occupied by any person other than the owner or person in possession of such dog, cat or other domestic animal shall be guilty of a violation of this chapter. It shall also be unlawful for any person to abandon or leave without proper care any dog, cat or other domestic animal even though it be left abandoned upon a lot and premises owned or occupied by the person in possession of such dog, cat or other domestic animal.
[Amended 6-13-1989 by Ord. No. 1591-89]
No dog or cat kept in a pet shop shall be permitted off such premises except on a leash or in a crate or other safe control.
[Amended 6-13-1989 by Ord. No. 1591-89]
No person owning, keeping or harboring any dog or cat shall allow the same to be upon the public streets or in any public places of the City unless the same is accompanied by a person of such age and such mental and physical capacity that he or she is able to control such dog or cat in any case by an adequate leash with not more than six feet of such leash extended between the person in control of such dog and the dog itself. No person owning, keeping or harboring any cat shall allow the same to be upon the public streets or in any public place of the City unless accompanied by a person of such age and such mental and physical capacity that he or she is able to control and restrain such cat from harming or injuring any person or property.
[Amended 6-13-1989 by Ord. No. 1591-89]
No person owning, keeping or harboring a dog or cat shall permit it to do any injury to persons or to do any damage to any lawn, shrubbery, flowers, grounds or property. [1]
[1]
Editor's Note: Original § 82-17, regarding dogfights, which immediately followed this section, was deleted 11-28-2005 by Ord. No. 2015-05.
[Amended 4-3-1990 by Ord. No. 1614-90]
No person who owns, keeps, harbors or possesses any dog or dogs shall suffer or permit such dog or dogs to annoy neighbors and other persons living within the immediate vicinity by continued barking and howling. A complaint may be made by a police officer who witnesses said barking and howling or who, upon information and belief, determines there has been such barking and howling so as to violate the provisions of this section or by a resident who sets forth that such barking or howling has continued for unreasonable periods to the annoyance or discomfort of residents so that it can be established that such barking and howling is a nuisance to the immediate neighborhood.
[Amended 6-13-1989 by Ord. No. 1591-89; 11-28-2005 by Ord. No. 2015-05]
Any dog or cat not licensed pursuant to the provisions of this chapter shall be subject to seizure by the duly appointed Dog Warden or any other person appointed for the purpose of the City Council, and if not redeemed as provided in this chapter, such dog or cat may be offered for adoption or destroyed by any approved humane method or otherwise disposed of; and any dog or cat who shall not have securely fixed or fastened to its neck a tag issued with the license for such dog or cat shall be deemed unlicensed and subject to seizure.
[Amended 6-13-1989 by Ord. No. 1591-89]
All dogs and cats seized pursuant to the provisions of § 59-18 shall be impounded in a place designated by the City Council as the pound and shall be kept there until disposed of in accordance with this chapter.
[Amended 6-13-1989 by Ord. No. 1591-89]
Any person who shall in any way hinder or interfere with the Dog Warden, police officers, officials, canvassers or any other peace officers in the performance of their duty under the provisions of this chapter, or who shall refuse to give information to any person making the canvass provided for in this chapter, or who shall take a dog or cat from the pound being therein subject to the jurisdiction of the City, except upon redeeming such dog or cat in the manner as provided by this chapter, or who shall break or injure such pound, shall violate the provisions of this chapter.
[Amended 6-13-1989 by Ord. No. 1591-89]
Any officer or agent authorized or empowered to perform any duty under this chapter is hereby authorized to go upon any premises to seize for impounding any dog or cat which he or she may lawfully seize or impound when such officer is in immediate pursuit of such cat or dog, except upon the premises of the owner of the dog or cat if the owner is present and forbids the same.
Whenever a proclamation shall be made by the Mayor pursuant to a resolution of the City Council requiring the muzzling of dogs, no person owning, keeping, possessing or harboring any dog shall permit such dog to run at large at any time in any of the streets, highways, alleys or public places of the City during the time provided for in such proclamation unless such dog is securely muzzled.
[Amended 6-13-1989 by Ord. No. 1591-89]
A. 
If any dog or cat seized wears an inscribed collar or harness or a registration tag or the owner or the person keeping or harboring the cat or dog is known, the Dog Warden shall immediately file a written stray report with the Police Department and with the City Clerk/Administrator Municipal Clerk. The Police Department shall immediately serve notice, in writing, upon the person whose address is given on the cat or dog or upon the owner, if known, stating that the dog or cat has been seized and will be liable to be offered for adoption, disposed of or destroyed if not claimed within seven days after service of the notice.
[Amended 11-28-2005 by Ord. No. 2015-05]
B. 
A notice under this section may be served either by delivering it to the person on whom it is to be served or by leaving it at the person's usual or last known place of abode or at the address given on the collar of the dog, or by forwarding it by mail in a certified letter addressed to that person at his or her usual or last known place of abode or to the address given on the collar.
C. 
When any dog or cat so seized has been detained after seven days' notice, when notice can be given as above set forth, or has been detained for seven days after seizure, when no notice has been given as above set forth, and the owner or person keeping or harboring such dog has not claimed the same and paid all expenses incurred by reason of its detention, including a maintenance charge in such sum as is stated in the contract between the City and the Dog Warden, or if the dog or cat is unlicensed at the time of the seizure and the owner or person keeping or harboring such cat or dog has not produced a license and registration tag for such cat or dog, the Dog Warden may cause the dog or cat to be offered for adoption or destroyed in a manner causing as little pain as possible.
[Amended 11-28-2005 by Ord. No. 2015-05]
[Amended 6-13-1989 by Ord. No. 1591-89]
The cost of feeding and maintaining all dogs and cats taken into custody in the City shall be fixed and established by appropriate agreement between the City and the Dog Warden or may be fixed by the City Council by a resolution adopted under the authority of this chapter. In the event, however, that the Society for the Prevention of Cruelty to Animals shall be named as the Dog Warden, such society shall bear all of the expenses of feeding and caring for the dogs and cats confined in the pound and shall be permitted to retain all money received by it as Dog Warden under the provisions of this chapter, except money collected under the provisions of § 59-9.
A. 
For the better enforcement of this chapter, the Chief of Police and every member of the Police Department shall share with the Dog Warden all the responsibilities of enforcement. It shall be the duty of the Chief of Police and all officers under his or her command to see that the provisions of this chapter are strictly enforced. The Dog Warden may at any time call upon the Chief of Police or any officer under his or her command for aid and assistance, and it shall be the duty of all members of the Police Department to respond promptly to the call of any citizen who reports any violation of this chapter.
B. 
Sections 59-27, 59-28 and 59-29 shall be construed to impose mandatory duties on all law enforcement agencies operating within the City, including state agencies of law enforcement.
[Amended 6-13-1989 by Ord. No. 1591-89; 11-28-2005 by Ord. No. 2015-05]
The Chief of Police shall cause a canvass to be made of all dogs and cats owned, kept or harbored within the limits of the City and shall report on or before September 1 of each year to the City Clerk/Administrator and to the Secretary of the Board of Health of the City and to the State Department of Health the result thereof, setting forth in separate columns the names and addresses of persons owning, keeping or harboring such dogs and cats, the number of unlicensed dogs and cats owned, kept or harbored by each of such persons, together with a complete description of each of such unlicensed dogs and cats and the approximate age thereof.[1]
[1]
Editor's Note: Original § 82-28, regarding the Dog Warden, which immediately followed this section, was deleted 11-28-2005 by Ord. No. 2015-05.
A. 
Under the provisions of §§ 59-25B, 59-27, 59-28 and 59-29, it shall be the duty of the Dog Warden, the Chief of Police and every law enforcement agency operating within the City limits to receive and investigate complaints against cats and dogs and their owners, and whenever any dog complained against shall be deemed by any duly constituted peace officer to be a vicious dog, as defined in this chapter, such officer shall report the facts to the Municipal Court, and the Clerk of the Municipal Court shall thereupon cause the owner or person harboring such dog to appear before the Judge of the Municipal Court at a stated time and place.
[Amended 6-13-1989 by Ord. No. 1591-89]
B. 
The Judge of the Municipal Court, at the time set for such hearing, shall inquire into all the facts and give all interested persons an opportunity to be heard under oath and to be represented by counsel, and the Judge presiding in such Court shall decide in accordance with the evidence before him or her whether or not such dog is a vicious dog as defined by this chapter or any law or legal precedence of this state.
C. 
In the event the dog complained of or against is determined and declared to be a vicious dog at the hearing provided for in Subsections A and B, the Judge, or Magistrate acting in the Judge's stead, shall cause a record to be kept by the Clerk of the Court and shall also cause a written copy thereof to be served upon the Chief of Police as well as upon the owner, keeper or harborer of such dog.
[Amended 11-28-2005 by Ord. No. 2015-05]
A. 
If the same dog shall again, after being declared a vicious dog pursuant to § 59-27, be charged with having attacked or bitten any human being or with having habitually attacked other dogs or domestic animals, the Dog Warden, the Chief of Police or the Acting Chief of Police shall file a complaint against such dog, charging him or her under this section with attacking or biting a human being or with attacking other dogs or domestic animals, as the case may be, for the second time and shall serve a summons with a copy of the complaint annexed upon the owner or harborer of such dog.
B. 
At the hearing of the complaint pursuant to Subsection A, a certified copy of the record at the prior hearing of the viciousness of such dog shall be admitted into evidence. The Judge of the Municipal Court shall thereupon inquire into the facts and give all interested persons an opportunity to be heard under oath and to be represented by counsel. If the Judge finds from the evidence that sufficient proof has been adduced to support the charge laid in the complaint and further finds that there are reasonable grounds to believe that the destruction of such dog is necessary to prevent further harm to persons and to domestic animals, he or she shall command the Dog Warden of the City to destroy such dog as painlessly as possible within a specified time, and such dog shall be confined to the care and control of the Dog Warden forthwith to be confined until such duty and command is executed, as commanded and directed by the Judge.
The following shall be deemed to be valid defenses in any hearing pursuant to §§ 59-27A and B or 59-28B:
A. 
That the biting by such dog occurred while the dog was confined on the property of the owner or harborer thereof and was either securely chained or in a pen or other fenced-in area thereon.
B. 
That the dog was provoked by the person or domestic animal bitten or attacked, whether such biting or attacking occurred on the premises of the owner or harborer of such dog or at any other place in the City.
A. 
The Judge of the Municipal Court of the City or any person duly designated to sit in his or her stead is empowered by this section upon the filing of a complaint in writing by any person authorized by the local Board of Health, when the plaintiff is the local Board of Health, and by the Chief of Police or any member of the Police Department, the Chair of the Police Committee of the City Council or the duly designated Dog Warden, when the plaintiff is the municipality, alleging that the violation of this chapter has occurred, which complaint may be made upon information and belief, to issue a process at the site of the local Board of Health or of the City, as the case may be, as plaintiff. The process shall be in the nature of either a summons or warrant, which warrant may be issued without any order of the Court first being obtained against the person so charged, which process when in the nature of a warrant shall be returnable forthwith and when in the nature of a summons shall be returnable in not less than five days nor more than 15 entire days. The process shall state what provision of this chapter or of any statute pertaining to the subject matter hereof has been violated by the defendant. The court having jurisdiction may at all times amend all defects and errors in the complaint and process issued hereunder.
B. 
Any officer authorized by law to serve and execute process in the Court in which the proceeding is brought hereunder may serve and execute all process and proceedings or violations of any of the provisions of this chapter or of the laws and statutes relating thereto.
C. 
On the return of process issued pursuant to this section or at any time at which the trial shall be adjourned, the Court without filing of any pleadings may proceed to hear the testimony in a summary manner without a jury and give judgment for the plaintiff for the penalty and costs or for the defendant if the facts warrant an acquittal.
D. 
Whenever and wherever in any proceeding brought hereunder the rules governing practice in the local criminal courts of the state (Rules 8:1 through 8:13-10) are applicable, such rules shall control and govern the proceedings.
[Added 4-3-1990 by Ord. No. 1614-90; amended 11-28-2005 by Ord. No. 2015-05; 3-28-2011 by Ord. No. 2135-11]
A. 
Any person found guilty of violating the provisions of § 59-4, 59-5 or 59-7 shall be punishable by a fine of $35. A separate summons and complaint may be issued for each day a violation of § 59-4, 59-5 or 59-7 occurs or continues.
B. 
Except as otherwise provided in N.J.S.A. 4:19-15.19, any person found guilty of violating any provisions of this chapter, except § 59-4, 59-5 or 59-7, shall, upon conviction thereof, be punishable by one or more of the following: a fine not exceeding $1,000, imprisonment for a term not exceeding 90 days, or a period of community service not exceeding 90 days. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.