Township of Lower, NJ Dogs

Owners, caretakers, guardians or handlers of dogs will exercise diligence and reasonable care to prevent said dogs from leaving their premises regardless of whether their premises is owned, lease or rented. Restraint exists when the dog is:

Enclosed and properly provided for pursuant to N.J.S.A. 4:22-17 within a house, building, properly maintained fence, pen or other enclosure.

Pens or other enclosures for each dog must be four feet in height and square footage as follows. Veterinary facilities and licensed animal shelters shall be exempt from this subsection.

One dog: 64 square feet.

[2]

Two dogs: 96 square feet.

[3]

Three dogs: 144 square feet.

[4]

Four dogs: 196 square feet.

[5]

Five or more dogs: an additional 24 square feet for each dog.

The pens or other enclosures shall include a soundly constructed, safely positioned and properly maintained doghouse.

(d)

Doghouses shall contain bedding such as straw or other absorbent material in a sufficient quantity to provide adequate insulation for the house. Bedding shall be maintained in a dry condition and renewed or changed as necessary.

Owners, caretakers, guardians or handlers of dogs will exercise diligence and reasonable care to keep dogs under restraint. In circumstances in which the dogs are not located on premises owned, leased or rented by the caretakers, guardians or handlers, dogs must be handled in a humane manner pursuant to N.J.S.A. 4:22-17.

Owners, caretakers, guardians or handlers of dogs may attempt to prevent said dogs from leaving the premises by installing an invisible fence. Owners, caretakers, guardians or handlers of dogs are responsible for the maintenance of the invisible fences and shall exercise diligence to keep the fence in proper working order.

Chaining or tethering of dogs. Dogs must be able to move freely when chained or tethered and shall be confined for a period no greater than nine hours within a twenty-four-hour period. The size of the tether or chain must be a minimum of 15 linear feet and shall remain tangle free. Dogs must be equipped with properly fitted harness or buckle-type collar. The tether or chain shall be constructed of lightweight cable. A doghouse shall be accessible to dogs that are chained or tethered. No dog shall be chained or tethered outside for more than 30 minutes after sunset or before sunrise. When chaining or tethering dogs, individuals shall strictly adhere to the prohibitions contained within § 166-1G(1) and (2).

[Amended 5-18-2015 by Ord. No. 2015-02]

Extreme weather. In extreme weather below 32° and above 90° and in major storms where evacuation is recommended, all outdoor dogs and indoor/outdoor cats (with the exception of feral cats) must be brought indoors whether tethered or kenneled, unless the kennel is heated or air conditioned in accordance with the safety code. Indoors will include any area of the residence and shall conform to the above temperature specifications and must be adequately ventilated.

[Added 5-18-2015 by Ord. No. 2015-02[1]]

Editor's Note: This ordinance also redesignated former Subsections F and G as Subsections G and H, respectively.

Prohibited activities and treatment. The following specific acts are declared to be prohibited activities and treatment directed towards animals, but said enumeration shall not be deemed to be exclusive:

[Amended 5-18-2015 by Ord. No. 2015-02]

No owner, caretaker, guardian or handler shall withhold proper shelter, protection from weather, veterinary care and immune care to any animal. No owner, caretaker, guardian or handler shall fail to provide his or her animal with sufficient food and drinkable water on a daily basis. Food and water must be in animal food-consumption- or water-consumption-type container, feeder or waterer.

No animal shall be subjected to unnecessary suffering and cruelty such as subjecting the animal to prolonged fear, injury, pain or physical abuse. Interaction with humans and other animals shall not be unreasonably withheld. Any individual, currently licensed by the State Board of Veterinary Medical Examiners to practice veterinary medicine, who is acting within his or her scope of practice to deliver acceptable and medically sound veterinary care to an animal, shall be exempt from this subsection.

Failure to comply with the provisions of Subsections A, B, C, D, E, F and/or G of this section shall be deemed a separate offense, and each violation shall subject the violator, upon conviction, to a fine of not less than $100 nor more than $1,000.

[Amended 5-18-2015 by Ord. No. 2015-02]

§ 166-2 License fee; surcharge fees; late fee; violations and penalties.

[Amended by Ord. No. 91-17; 7-21-2003 by Ord. No. 2003-7]

All dogs over the age of six months shall be required to be licensed, and a license for same shall be obtained and attached to the harness or collar of each dog prior to January 31 of each and every year. The fee for all dog licenses shall be $5 per year. Said fee includes a state registration fee of $1 and a state surcharge fee of $0.20 for the Pilot Clinic Fund and a Township Registration fee of $3.80. There will be an additional Township surcharge fee of $2 and state surcharge fee of $3 for all dogs of the reproductive age that are nonspayed or nonneutered, with state surcharges going into the Animal Population Control Fund, making the fee for nonspayed and nonneutered dogs $10 per year. The above surcharges do not apply to registered service dogs. Dog licenses shall be obtained from the Township Clerk. In addition, a late fee of $5 shall be added to the license fee after May 1 of each year, unless proof of new residency for a newly acquired dog is provided to the licensing official.

[Amended 12-4-2017 by Ord. No. 2017-14]

Failure to comply with the provisions of this section shall subject the violator, upon conviction, to a fine of not less than $100 nor more than $1,000.

§ 166-3 Licensing of kennels, pounds, shelters and pet shops; fees; violations and penalties.

[Amended by Ord. No. 91-17]

Any person or entity keeping, feeding, harboring, or caring for dogs for a fee or a profit or who charges for the maintenance, sheltering or keeping of dogs shall be considered for the purposes of this article as operating a kennel. All persons or entities operating a kennel, shelter, pound, or pet shop shall make application at the Township Clerk's office for a license to operate said facility. All applicants must meet the local, county, and state requirements, after which Township Council must approve said license by resolution.

The license fee for a kennel having accommodations for 10 dogs or less shall be $10. The fee for a kennel license having accommodations for 11 or more dogs shall be $25. Shelters and pounds are exempt from the licensing fee, but shall meet all other requirements of this article.

The penalty, upon conviction, for violations of this section shall be $25 for the first offense, $50 for the second offense and $100 for each and every offense thereafter.

§ 166-4 Defecation on public or private property; violations and penalties.

[Amended by Ord. No. 98-12]

No person owning, harboring, keeping or in charge of any dog shall cause, suffer or allow a dog to soil, defile, defecate on or commit any nuisance on any common thoroughfare, sidewalk, passageway, bypass, park, beach or any place where people congregate or walk or upon public property whatsoever, or upon any private property without the permission of the owner of the property.

Notwithstanding anything contained in Subsection A to the contrary, the restrictions as set forth above shall not apply to that portion of the street lying between the curblines, which shall be used to curb such dog upon the following conditions:

The person who curbs the dog shall immediately remove the feces deposited by the dog by a sanitary method.

The feces removed from the aforementioned designated area shall be disposed of by the person owning, harboring, keeping or in charge of any dog curbed in a sanitary manner.

Any person found guilty of any violation of this section shall be subject to a fine not exceeding the sum of $200 for a first offense and a fine not exceeding the sum of $200 or imprisonment in the county jail for a term not to exceed 90 days, or both, for each violation thereafter.

§ 166-5 Approval for kennel license.

The dog registrar shall not issue a kennel license without the prior approval by resolution of the Township Council. All applications for a kennel license shall be referred by the dog registrar to the Township Council. All licenses shall be issued during the month of January for a one-year period commencing February 1. The Township Council shall consider the necessity and need for the kennel license as well as the provisions of Chapter 400, Land Development. In addition, the Township Council shall consider the lot size of the property sought to be licensed, together with the proximity of the area zoned to be licensed where the kennel will be maintained to neighboring property, houses and businesses. The Township Council shall consider, in determining whether or not to issue the license, among other things, the potential nuisance qualities of the establishment.

§ 166-6 Enforcement.

[Amended by Ord. No. 91-17; Ord. No. 98-12]

The provisions of this article may be enforced by the Animal Control Officer, any member of the Lower Township Police Department, the Township Code Enforcement Officer or any other Township official that Council may designate.[1]

POTENTIALLY DANGEROUS DOG

Editor's Note: Original Sec. 5-7, Violation and penalty, amended by Ord. No. 79-124 and Ord. No. 98-12, which previously followed this section, was repealed 7-21-2003 by Ord. No. 2003-7.

§ 166-7 Vicious and potentially dangerous dogs.

[Added 7-7-2003 by Ord. No. 2003-6]

Definitions. As used in this section, the following terms shall have the meanings indicated:

ANIMAL CONTROL OFFICER

The Township's certified Animal Control Officer or, in the absence of such an officer, the Chief of Police or his designee.

DOG

Any dog or dog hybrid.

DOMESTIC ANIMAL

Any cat, dog or livestock, other than poultry.

Any dog or dog hybrid declared potentially dangerous by a Municipal Court pursuant to Subsection F.

VICIOUS DOG

Any dog or dog hybrid declared vicious by a Municipal Court pursuant to Subsection E.

Seizure and impoundment by Animal Control Officer.

The Animal Control Officer shall seize and impound a dog when the officer had reasonable cause to believe that the dog:

Attacked a person and caused death or serious bodily injury to that person as defined in N.J.S.A. 2C:11-1b;

Caused bodily injury as defined in N.J.S.A. 2C:11-1a to a person during an unprovoked attack and poses a serious threat of harm to persons or domestic animals;

Engaged in dogfighting activities as described in N.J.S.A. 4:22-24 and 4:22-26; or

(d)

Has been trained, tormented, badgered, baited or encouraged to engage in unprovoked attacks upon persons or domestic animals.

The dog shall be impounded until the final disposition as to whether the dog is vicious or potentially dangerous. Subject to the approval of the Municipal or County Health Officer, the dog may be impounded in a facility or other structure agreeable to the owner.

The Animal Control Officer shall document all evidence relating to the decision to seize and impound the dog, including statements from witnesses, complainants or victims, including the incident date or dates and the names, addresses and telephone numbers of such witnesses, complainants or victims; police reports; observations of the Animal Control Officer; and other relevant information.

Notice of seizure and impoundment; determination of identity of owner; notice of hearing; return of statement by owner; destruction of dog.

The Animal Control Officer shall notify the Municipal Court and the Municipal or County Health Officer immediately that he has seized and impounded a dog pursuant to Subsection B and that a hearing is required. The Animal Control Officer shall, through a reasonable attempt, determine the identity of the owner of any dog seized and impounded pursuant to Subsection B. If its owner cannot be identified within seven days, that dog may be humanely destroyed.

The Animal Control Officer shall, within three working days of the determination of the identity of the owner of a dog seized and impounded pursuant to Subsection B, notify, by certified mail, return receipt requested, the owner concerning the seizure and impoundment and that, if the owner wishes, a hearing will be held to determine whether the impounded dog is vicious or potentially dangerous. This notice shall also require that the owner return, within seven days, by certified mail or hand delivery, a signed statement indicating whether he wishes the hearing to be conducted or, if not, relinquishing ownership of the dog, in which case the dog may be humanely destroyed. If the owner cannot be notified by certified mail, return receipt requested, or refuses to sign for the certified letter or does not reply to the certified letter with a signed statement within seven days of receipt, the dog may be humanely destroyed.

In the event that the owner requests a hearing, the Animal Control Officer shall promptly notify the Municipal Court Administrator and the Municipal Court Prosecutor. The Animal Control Officer shall be responsible to provide the Municipal Court Prosecutor with all evidence relating to the dog in question, including the names, addresses and telephone numbers of witnesses who should be subpoenaed for the hearing and their probable testimony.

Agreement between Township and dog owner; settlement and disposition; liability of municipality; legal expenses. Notwithstanding any provision in this article or in N.J.S.A. 4:19-17 et seq. to the contrary, the Township and the owner of the dog may settle and dispose of the matter, at any time, in such manner and according to such terms and conditions as may be mutually agreed upon in a writing signed by both parties. Notwithstanding any provision or law to the contrary, neither the Township nor any of its officers, employees or agents shall have any liability by virtue of having entered into any settlement agreement pursuant to this section for any action or inaction related to the entry into such agreement, or for any injuries or damages caused thereafter by the dog. The Township may, as a condition of the settlement agreement, also require that the owner of the dog hold the Township and its officers, employees and agents harmless for any legal expenses or fees incurred in defending against any such cause of action brought against the Township, notwithstanding the prohibition against such causes of action set forth in N.J.S.A. 4:19-21.1. For the purposes of settlement agreements made under this section, the Animal Control Officer is authorized to negotiate and execute such agreements on behalf of the Township, provided that prior thereto the same is approved by the Township Council, and the proposed settlement agreement is reviewed and approved by the Council Attorney.

Finding to declare dog vicious; destruction.

The Municipal Court shall declare the dog vicious if it finds, by clear and convincing evidence, that the dog:

Killed a person or caused serious bodily injury as defined in N.J.S.A. 2C:11-1b to a person; or

Has engaged in dogfighting activities as described in N.J.S.A. 4:22-24 and 4:22-26.

A dog shall not be declared vicious for inflicting death or serious bodily injury as defined in N.J.S.A. 2C:11-1b upon a person if the dog was provoked. The Township shall bear the burden of proof to demonstrate that the dog was not provoked.

If the Municipal Court declares a dog to be vicious, and no appeal is made of this ruling pursuant to N.J.S.A. 4:19-25, the dog shall be destroyed in a humane and expeditious manner, except that no dog may be destroyed during the pendency of an appeal.

Finding to declare dog potentially dangerous.

The Municipal Court shall declare a dog to be potentially dangerous if it finds, by clear and convincing evidence, that the dog:

Caused bodily injury as defined in N.J.S.A. 2C:11-la to a person during an unprovoked attack and poses a serious threat of bodily injury or death to a person; or

Severely injured or killed another domestic animal; and

Poses a threat of serious bodily injury or death to a person; or

[2]

Poses a threat of death to another domestic animal; or

Has been trained, tormented, badgered, baited or encouraged to engage in unprovoked attacks upon persons or domestic animals.

A dog shall not be declared potentially dangerous for:

Causing bodily injury as defined in N.J.S.A. 2C:11-1a to a person if the dog was provoked; or

Severely injuring or killing a domestic animal if the domestic animal was the aggressor.

For the purposes of Subsection F(2)(a) of this section, the Township shall bear the burden of proof to demonstrate that the dog was not provoked.

Order and schedule for compliance for potentially dangerous dog; conditions. If the Municipal Court declares the dog to be potentially dangerous, it shall issue an order and a schedule for compliance which, in part:

Shall require the owner to comply with the following conditions. The owner shall:

Apply, at his own expense, to the Township Clerk or other Township official designated to license dogs pursuant to N.J.S.A. 4:19-15.2 for a special municipal potentially dangerous dog license, municipal registration number and red identification tag issued pursuant to Subsection M of this section. The owner shall, at his own expense, have the registration number tattooed upon the dog in a prominent location. A potentially dangerous dog shall be impounded until the owner obtains a municipal potentially dangerous dog license, municipal registration number and red identification tag.

Display, in a conspicuous manner, a sign on his premises upon which the dog is kept warning that a potentially dangerous dog is on the premises. The sign shall be visible and legible from 50 feet of the enclosure required pursuant to Subsection G(1)(c) of this section.

Immediately erect and maintain an enclosure for the potentially dangerous dog on the property where the potentially dangerous dog will be kept and maintained, which has sound sides, top and bottom to prevent the potentially dangerous dog from escaping by climbing, jumping or digging, and which is within a fence of at least six feet in height separated by at least three feet from the confined area. The owner of a potentially dangerous dog shall securely lock the enclosure to prevent the entry of the general public and to preclude any release or escape of a potentially dangerous dog. All potentially dangerous dogs shall be confined in the enclosure or, if taken out of the enclosure, securely muzzled and restrained with a tether approved by the Animal Control Officer and having a minimum tensile strength sufficiently in excess of that required to restrict the potentially dangerous dog's movements to a radius of no more than three feet from the owner and under the direct supervision of the owner.

May require the owner to maintain liability insurance in an amount determined by the Municipal Court to cover any damage or injury caused by the potentially dangerous dog. The liability insurance, which may be separate from any other homeowner policy, shall contain a provision requiring the Township to be named as an additional insured for the sole purpose of being notified by the insurance company of any cancellation, termination or expiration of the liability insurance policy.

Procedures for appeal. The owner of the dog or the Animal Control Officer may appeal any final decision, order or judgment, including any conditions attached thereto, of the Municipal Court, by filing an appeal with the Superior Court, Law Division, in accordance with the rules governing the courts of the State of New Jersey pertaining to appeals from courts of limited jurisdiction. The Superior Court shall hear the appeal by conducting a hearing de novo in the manner established by those rules for appeals from courts of limited jurisdiction.

Liability of owner for costs; rabies testing.

If a dog is declared vicious or potentially dangerous and all appeals pertaining thereto have been exhausted, the owner of the dog shall be liable to the Township for the costs and expenses of impounding and destroying the dog. The owner shall incur the expenses of impounding the dog in a facility other than the municipal pound, regardless of whether the dog is ultimately found to be vicious or potentially dangerous.

If the dog has bitten or exposed a person within 10 days previous to the time of euthanasia, the Animal Control Officer shall cause its head to be transported to the New Jersey Department of Health laboratory for rabies testing.

Right to convene hearing for subsequent actions of dog. If the Municipal Court finds that the dog is not vicious or potentially dangerous, the Municipal Court shall retain the right to convene a hearing to determine whether the dog is vicious or potentially dangerous for any subsequent actions of the dog.

Duties of owner of potentially dangerous dog. The owner of a potentially dangerous dog shall:

Comply with the provisions of this article in accordance with a schedule established by the Municipal Court, but in no case more than 60 days subsequent to the date of determination.

Notify the Animal Control Officer, the Township Police Department and the Township Clerk if a potentially dangerous dog is at large or has attacked a human being or killed a domestic animal.

Notify the Animal Control Officer, the Township Police Department and Township Clerk within 24 hours of the death, sale or donation of a potentially dangerous dog.

(4)

Prior to selling or donating the dog, inform the prospective owner that the dog has been declared potentially dangerous.

(5)

Upon the sale or donation of the dog to a person residing in a different municipality, notify the department and licensing authority, police department or force and animal control officer of that municipality of the transfer of ownership and name, address and telephone of the new owner.

(6)

In addition to any license fee required pursuant to § 166-2 of this article, pay a potentially dangerous dog license fee to the Township as provided by Subsection N.

Violations and penalties; enforcement. The owner of a potentially dangerous dog who is found by clear and convincing evidence to have violated this article or any rule or regulation adopted pursuant thereto or to have failed to comply with a court's order shall be subject to a fine of not less than $100 per day and not more than $1,000 per day of the violation. The Municipal Court shall have jurisdiction to enforce this section. The Animal Control Officer is authorized to seize and impound any potentially dangerous dog whose owner fails to comply with the provisions of this article or any rule or regulation adopted pursuant thereto or a court's order. The Municipal Court may order that the dog so seized and impounded be destroyed in an expeditious and humane manner.

Potentially dangerous dog registration number, tag and license; issuance; telephone number to report violations.

The Township Clerk shall issue a potentially dangerous dog registration number and red identification tag along with a municipal potentially dangerous dog license upon a demonstration of sufficient evidence by the owner to the Animal Control Officer that he has complied with the court's orders. The last three digits of each potentially dangerous dog registration number will be the three-number code assigned to the Township in the regulations promulgated pursuant to N.J.S.A. 4:19-33. The Animal Control Officer shall verify, in writing, compliance to the Township Clerk or other official designated to license dogs in the Township.