Township of Commercial, NJ Animals

No person shall own, keep or harbor any dog within the municipality except in compliance with the provisions of this article and unless such person shall first obtain a license and official metal registration tag therefor issued by the Dog Registrar upon application by the owner, payment of the prescribed fee and proof of rabies vaccination as per state law.

The license which shall be issued by the Township shall contain the name, address of the owner of dog, a short description of the dog to be licensed, such as breed, sex, age, color and markings, proof of current rabies vaccination of the animal for which the license is to be issued; the registration number of such license shall bear the signature of an authorized Township agent or official thereof.

The information supplied on all licenses under this article and the registration number issued to each licensed dog shall be preserved for a period of three years and this information regarding dog licenses shall be forwarded to the State Department of Health each month as required by New Jersey state or local law.

In no case shall there be allowed or maintained more than three dogs in any one household in a residential zone in Commercial Township unless that property is one acre or larger in size or unless such property is licensed as a pound, kennel, shelter, or pet shop.

Cats.

No person shall own, keep or harbor any cat within the municipality except in compliance with the provisions of this article and unless such person shall first obtain a license and official record of registration therefor issued by the Dog Registrar upon application by the owner, payment of the prescribed fee and proof of rabies vaccination as per state law.

The license which shall be issued by the Township shall contain the name, address of the owner of cat, a short description of the cat to be licensed, such as breed, sex, age, color and markings, proof of current rabies vaccination of the animal for which the license is to be issued; also the registration number of such license shall bear the signature of an authorized Township agent or official thereof.

The information supplied on all licenses under this article and the registration number issued to each licensed cat shall be preserved for a period of three years and appropriate state agencies notified.

In no case shall there be allowed or maintained more than three cats in any one household in a residential zone unless that property is one acre or greater in size, or unless such property is licensed as a pound, kennel, shelter or pet shop.

As additional exceptions to the requirements to this article, on residential lots, an individual or family may be permitted to have four cats and four dogs per full acre owned without the requirement of a kennel license. All animals must be licensed pursuant to this article and owner may not operate an animal operation for profit without applying for and obtaining a kennel license. On lots that equal two acres or more and are located in a residential-agricultural zone, or mining extraction zone, residential zone, an individual can have up to six cats and six dogs, but the owner must obtain a license for each animal, and animals cannot be used in an operation for profit without applying for and obtaining a kennel license. On property that has over five acres of land, the number of dogs and cats is at the discretion of the property owner, but for each cat and dog, the owner is required to have a proper license as required by this article. On such property, the owner cannot claim a kennel without applying for and obtaining a kennel license.

When determining the limitations of dogs and cats that an owner shall be allowed or maintained upon any one property, this shall be determined by referencing the existing Zoning Map[1] for residential, residential-agricultural or mining extraction zones.

Editor's Note: The Commercial Township Zoning Map is on file in the Township offices.

§ 90-4 Animal license and tag placement.

Any person who shall own, keep or harbor a dog or cat of licensing age in the Township shall apply for and procure from the Township a license and official metal registration tag for each dog or cat owned, kept or harbored and shall place upon such dog or cat a collar or harness with the registration tag securely fastened thereto. This method of securing tag to collar or harness allows for speedy identification of the animal if picked up by an Animal Control Officer or private individual if the animal is found lost and running at large by calling the Township Clerk's Office for identification. Applications shall be made from January 1 through March 15 of each year and are due no later than March 15 of each year. In the event that a dog or cat of licensing age becomes owned, kept or harbored in the Township after March 15 of a given year, then the application for a license shall be made within 10 days of the date upon which the dog or cat in question first became subject to the provisions of this article, either by the given age to require registration, by moving permanently into the Township or by such other reason as to become subject to the conditions of this article. Any dog or cat which has a license from another municipality, borough, town, city of the State of New Jersey and is brought to Commercial Township by its owner to become permanent residents, the license obtained from previous locality will be honored for the entire year of the license.

§ 90-5 Fees; expiration; exemptions.

Dog and cat license fees.

The person applying for a license and registration tag for a dog shall pay to the Township a fee of:

[Amended 3-25-1999 by Ord. No. 99-398]

January 1 through March 15	Spayed and neutered	$5.20
January 1 through March 15	Nonspayed or nonneutered	$8.20
March 16 through December 31	Spayed and neutered	$9.70
March 16 through December 31	Nonspayed and nonneutered	$12.70
(These figures include a $4.50 late fee which begins on March 16.)

The person applying for a license and registration tag for a cat shall pay to the Township a fee of:

[Amended 3-25-1999 by Ord. No. 99-398]

January 1 through March 15	Spayed or neutered	$2.00
January 1 through March 15	Nonspayed or nonneutered	$4.00
March 16 through December 31	Spayed or neutered	$6.50
March 16 through December 31	Nonspayed or nonneutered	$8.50
(These figures include a $4.50 late fee which begins on March 16.)

The dog fees as stated above reflect a $1 registration fee, a $3 non-spaying or -neutering fee, a $0.20 pilot clinic fee which is mandated by the State of New Jersey, and all monies collected are sent to the State of New Jersey by the 10th of each month for the previous month's licenses sold.

The cat license fees are paid to the Township.

No fee shall be charged for animals used as guides for blind persons and commonly known as "seeing eye animals," animals used to assist deaf persons and commonly known as "hearing ear animals," and other handicapped-assistance animals, animals used by the Police Department to assist in official law enforcement matters and commonly known as "K-9 dogs." These animals can be licensed in the same manner as other animals, except that the owner or keeper shall not be required to pay any fees. The owner or keeper of such animals which are used by the handicapped or an animal used by the K-9 unit of the Police Department are not allowed to let animals run at large.

A person applying for a license for an animal that has been determined to be vicious pursuant to this article shall pay to the Township a fee of $100 in addition to the fees listed above. In addition, the owner or keeper of an identified potentially dangerous or vicious dog or an animal determined to be vicious shall present to the Township proof that the owner or keeper has procured a liability insurance policy in the amount of at least $500,000, covering the twelve-month period during which licensing is sought. This policy shall contain a provision requiring the Township to be named as an additional insured for the sole purpose of the Township to be notified by the insurance company of any cancellation, termination or expiration of the policy. (Note: State of New Jersey Vicious Dog Law.[1])

Editor's Note: See N.J.S.A. 4:19-23.

§ 90-6 Time of application.

A license shall be required:

For any dog or cat owned by a resident on the first day of January of a calendar year (application for license due from January 1 through March 15 of each year).

For any dog or cat acquired by any person during the course of any calendar year and kept within the Township for more than 10 days after acquisition.

For any dog or cat attaining licensing age during the course of calendar year.

For any unlicensed dog or cat brought into the Township by any person and kept for more than 90 days.

§ 90-7 Tag removal.

No person, except the Animal Control Officer or Police Officer in the performance of his duties, shall remove a registration tag and/or collar from any dog or cat without the consent of the owner, nor shall a person attach a registration tag to a dog for which it was not issued.

§ 90-8 Disposition of fees.

License fees and other moneys collected or received under the provisions of this article shall be forwarded to the Township Chief Financial Officer after collection or receipt and shall be placed in a special account separate from any other accounts of the Township and used for the following purposes only:

Collecting, keeping and disposing of dogs and cats and other animals liable to seizure.

Local prevention and control of rabies.

Providing anti-rabies treatment under the direction of the County Health Department for any person exposed to rabies.

All other purposes prescribed by the statutes of New Jersey governing the subject.

Any unexpected balance remaining in such special accounts 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 the special account to the general funds of the Township any amount then in the special account which is in excess of the total amount paid into said special account during the last two fiscal years next proceeding.

The registration tag fee, pilot clinic fee and spaying and neutering fee for each dog shall be forwarded within 30 days after collection by the Township Clerk to the State Department of Health. The fees for cat licenses shall be turned over the Chief Financial Officer at the end of each month.

§ 90-9 Running at large.

No dog, cattle, goat, swine, fowl and/or other like animal or livestock shall run or be permitted by its owner to run upon any public street, sidewalk, thoroughfare, park, playground, school yard or in any of the public places of the Township or upon any private property without the prior consent of the owner.

§ 90-10 Disturbance of peace.

No person shall own, keep, harbor or maintain any dog or other animal which habitually barks, howls, or cries frequently and thereby disturbs the peace and quiet of the neighborhood and creates a nuisance at any time of the day or night.

There shall be a definitive procedure to file a complaint. A person who wishes to complain that an animal is disturbing the peace shall contact the Township Clerk and/or the appointed Township Animal Control Officer. That person shall give their name, address, and telephone number, and explain the problem that they are experiencing with an animal as clearly and rationally as possible. They will give the name, address of the owners of the animal that is causing the disturbance or other problem, should they know same, and also the general address to where disturbing behavior and/or nuisance animal exists. All such complaints taken by Clerk or Animal Control Officer will be investigated by said Animal Control Officer. If the Animal Control Officer finds that a dog is creating a nuisance, then a notice will be issued telling the owner of dog that the problem must be immediately rectified. If, upon investigation of Animal Control Officer, he/she finds no warrant pointing to the dog creating a nuisance, then the individual complainant can sign a complaint at the Municipal Court level against the owner of the dog and both parties will have to appear in court before the Municipal Judge.

§ 90-11 Animal Control Officer.

An Animal Control Officer or agency shall be appointed by the Township Committee. The person or agency so designated and appointed as the Animal Control Officer shall be entitled to be paid as compensation for services in the amount established by the Township in its yearly Salary Ordinance or as otherwise agreed with said Township Committee.

§ 90-12 Dog canvass.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

At the discretion of the Township Committee, any person or agency appointed for the purpose by said Township Committee shall cause a canvass to be made of all dogs owned, kept or harbored within the limits of the Township. A report will be made to the Clerk or person designated to license dogs in the Township.

§ 90-13 Seizure and impounding.

The Animal Control Officer of the Township shall take into custody and impound or cause to be taken into custody and impounded following:

Any dog or cat running at large within the limits of the municipality.

Any dog or cat not licensed or tagged as provided.

Any dog or cat off the premises of the owner of the person keeping or harboring such dog or cat which is believed to be a stray animal.

Any dog or cat with dangerous or vicious propensity or noticeably infected with rabies or bitten by a dog or cat suspected of having rabies.

(5)

Any female dog in season not confined in such a way so as not to be accessible to males or any female dog in season off the premises of the owner or person keeping or harboring such dog.

(6)

Any dogs creating a nuisance while off their property.

(7)

Any dog with a dangerous or vicious propensity that is unmuzzled, uncontrolled by proper restraining or running at large, provided that if the dog or other animal cannot be seized by the Animal Control Officer with safety, it may be destroyed.

(8)

Any cattle, goat, swine, fowl and/or other like animal running at large within the limits of the municipality which an Animal Control Officer finds impossible to restrain, the Society for the Prevention of Cruelty To Animals may be called or the State Police.

(9)

Any other animal such as cattle, goat, swine, fowl, rodents with dangerous or vicious propensity or noticeably infected with rabies or suspected of having rabies. If an Animal Control Officer finds that he does not have capability and means to restrain such vicious and dangerous animal, then at his discretion he can call upon the Society for the Prevention of Cruelty To Animals or State Police.

(10)

Any such animal such as cattle, goat, swine, fowl, rodents with a dangerous or vicious propensity that is unmuzzled, uncontrolled by proper restraining or running at large, provided that if the animal cannot be seized by the Animal Control Office, SPCA, State Police with safety, it may be destroyed.

If any dog, cat or other animal so impounded or seized wears a collar or harness, having described thereon or attached thereto the name and address of any person or registration tag of the owner or the person keeping or harboring said animal, if known, then every effort will be made to contact the owner before the animal is taken to designated shelter.

If the Animal Control Officer cannot make contact with the owner by no one being home, no response to phone calls, etc., then the animal will be transported to a shelter designated by the Township Committee upon contract being awarded to shelter for given year. The Animal Control Officer will inform the Clerk's office of the dog and owner's name in case owner calls regarding a missing animal.

The shelter to which the animal is delivered may cause an animal to be destroyed or offered for adoption seven days after seizure, provided that:

If possible notice was given to the owner and the animal remains unclaimed.

The owner or person keeping or harboring the animal has not claimed the animal and paid off expenses incurred by reason of its detention, including maintenance or veterinary cost.

The owner or person keeping or harboring an animal which was unlicensed at the time of seizure does not produce a license and registration tag for the animal.

At the time of adoption, the right of ownership in the animal shall transfer to the new owner. No dog, cat, or other animal so caught and detained shall be sold or otherwise made available for the purpose of experimentation.

§ 90-14 Authority to enter premises.

The Animal Control Officer of Commercial Township engaged in the performance of his or her duty is hereby authorized to enter upon any premises to seize and impound any dog, cat or other animal, which he may lawfully seize or impound when such officer is in immediate pursuit of said animal, except upon the premises of the owner of the animal, if said owner is present and forbids the same.

§ 90-15 Interference with enforcement prohibited.

No person shall distract, harass, give false information, hinder, molest or interfere with the Animal Control Officer or with anyone authorized or empowered to perform any duty under this article.

§ 90-16 Vicious and potentially dangerous animals.

The Animal Control Officer shall seize and impound a dog or other animal when the officer has reasonable cause to believe that the dog or other animal:

Attacked a person, child or other animal and caused death or serious bodily injury to that person, child or other animal.

Caused bodily injury to a person during an unprovoked attack and poses a serious threat of harm to persons or animals.

Engaged in dog fighting activities.

Has been trained, tormented, badgered, baited, or encouraged to engage in unprovoked attacks upon persons or animals by its owner. If this is found to be cause of dog's behavior, then the dog will be impounded and a complaint will be filed against the owner whereas if found guilty, a fine will be at the discretion of the Municipal Judge.

[Amended 9-17-2020 by Ord. No. 2020-602]

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 Animal Control Officer or County Health Officer, the dog may be impounded in a facility or other structure agreeable to the owner.

A hearing will be held in the Municipal Court before the Municipal Judge sitting in that Municipal Court; at the time of said hearing, and during said hearing, the owner shall have the opportunity to present evidence and witnesses to demonstrate that the dog or other animal is not vicious and is not potentially dangerous.

The Judge of said Court shall declare the dog or other animal vicious if it finds by a preponderance of the evidence that the dog or other animal:

Killed a person or caused serious bodily injury to a person or other animal.

Behaves in such a manner that said animal is likely to cause injury to a person or animal at some time in the future; is a danger to the general public because of said animal's disposition and propensity toward viciousness.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Has engaged in dog-fighting activities.

A dog may not be declared vicious or potentially dangerous for inflicting death or serious personal injury upon a person who:

Was committing or attempting to commit a crime.

Was tormenting or inflicting pain upon the dog in such an extreme manner that an attack of such nature could be considered provoked.

Or upon a domestic animal if the domestic animal was the aggressor.

If the Court determines that a dog or other animal is vicious and no appeal is made of this ruling, the dog shall thereafter be subject to § 90-16H(1) through (7) of this article or shall be destroyed in a humane or expeditious manner, except that no dog or other animal may be destroyed during the pending of an appeal.

Finding of potentially dangerous.

The Court shall declare a dog or other animal to be potentially dangerous if it finds that the dog or other animal:

(a)

Threatened to cause bodily injury to a person or animal during an unprovoked attack, and poses a substantial threat of bodily injury or death to a person or animal in the future.

(b)

Caused an injury or substantial threat to another domestic animal and poses a threat in the future of causing danger to a person or another domestic animal.

(c)

Has been trained, tormented, badgered, baited or encouraged to engage in unprovoked attacks upon persons or domestic animals by the owner; then complaint can be filed against the owner, who will have to appear in the Municipal Court and, if found guilty, a fine will be at the discretion of the Municipal Judge.

[Amended 9-17-2020 by Ord. No. 2020-602]

If a dog or other animal is found to be potentially dangerous, said animal is subject to the provisions of § 90-16H(1) through (7) of this article.

If the Court declares that a dog or other animal is vicious or potentially dangerous, the owner must:

Apply for a special Township vicious or potentially dangerous license.

Display, in a conspicuous manner, a sign on his premises warning that a vicious or a potentially dangerous dog or other animal is on the premises; a "BEWARE OF DOG" sign shall suffice;

Immediately contact the zoning officer to erect and maintain an enclosure four feet by ten feet for the vicious or potentially dangerous dog or other animal on the property where the dog or other animal will be kept and maintained, which has sound sides, top and bottom to prevent the dog or other animal from escaping by climbing, jumping or digging and erect a fence of at least six feet in height separated by at least three feet from the enclosed confined area.

Securely lock the enclosure to prevent entry of the public and prevent release or escape.

(5)

Each year at the time of the registration of the dog or other animal found to be vicious or potentially dangerous, the owner thereof shall, prior to the time that the dog or other animal may be licensed, file proof with the Township that said dog or other animal is insured in a manner that would provide in the case of a vicious dog at least $1,000,000 of insurance and in case of a potentially dangerous dog at least $500,000 of insurance to the general public to protect against acts of said animal.

(6)

If a dog is found to be vicious or potentially dangerous and is found to be in violation of any provision of this article again at some time subsequent to the finding of being a vicious dog or other animal or potentially dangerous dog or other animal, and no appeal is made of the ruling by the Municipal Court, the dog shall be destroyed in a humane and expeditious manner, except that no dog may destroyed during the pendency of an appeal.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(7)

If a dog or other animal is determined to be vicious or potentially dangerous, the Animal Control Officer and the Construction Official of the Municipality shall inspect the enclosure and the owner's property at least biannually to determine continuing compliance.

The registering agent of the Township for animals shall keep a list, compiling the same on or about March 31 of each year of all properties, including 911 mailing addresses, at which a vicious and/or potentially dangerous animal is registered and kept. This list shall be provided to fire companies and 911 agencies so they can be aware of any vicious and potentially dangerous animal or dog.

If a dog or animal is found to be vicious or potentially vicious due to being tormented, trained, badgered, baited and encouraged to attack, the owner will be held accountable and liable and a complaint may be filed against the owner and a hearing will be held in Municipal Court and, if found guilty, a fine will be at the discretion of the Municipal Judge.

[Amended 9-17-2020 by Ord. No. 2020-602]

If the owner of any dog, fowl, or other animal has been trained in the act of fighting for betting, sports arena-like fighting, then complaints will be filed against the owner and all participants, and the dog, fowl, or other animal impounded until the case is heard in Municipal Court and a fine can be imposed at the discretion of the Municipal Judge.

[Amended 9-17-2020 by Ord. No. 2020-602]

Any person in possession of a fighting pit bull, trained to fight or bearing marks of having engaged in fighting, shall have a complaint filed with the Municipal Court and a fine determined by the Municipal Court judge that justifies this major violation by said owner.

[Added 9-17-2020 by Ord. No. 2020-602]

§ 90-17 Leashing.

No person owning, keeping or harboring any dog and/or other like animal or livestock shall permit it upon a public street, sidewalk, thoroughfare, park, playground, school yard or in any of the public places of the municipality unless it is controlled by an adequate leash or tether not more than six feet long.

§ 90-18 Property damage.

No person owning, keeping or harboring a dog and/or other animal shall permit it to do any injury or do any damage to lawn, shrubbery, flowers, grounds, garden or property.

§ 90-19 Permitted premises.

No person shall bring, allow, or knowingly permit any dog or other animal onto any private property without the owner's permission, or into any store, building or portion thereof which members of the public at large are invited or expected to enter or frequent. Nothing in this section shall be deemed to prohibit the keeping or bringing in of any dog or other animal into the premises of the owner. Specifically excluded from this section are seeing eye dogs, hearing ear animals, or police K-9 dogs or other service animals.

§ 90-20 Animals not permitted.

No person shall own, keep or harbor any wolf or wolf-hybrid, or wildlife hybrids within the Township.

No person shall own, keep or harbor any exotic animal within the Township. An exotic animal or species shall be defined as those requiring a permit for possession as per N.J.A.C. 7:25-4.3. The animals as defined in N.J.A.C. 7:25-4.4 shall not be considered exotic animals as per this subsection. A copy of these Administrative Code provisions is attached hereto.[1]

Editor's Note: This document is on file in the Clerk's office.

No person shall own, keep, or harbor a pot-belly pig or other livestock animal within the Township on a property of less than one acre in size or zoned residential-agricultural or mining extraction. On property less than one acre or in a residential zone, the Zoning Officer would have to be contacted to determine if a variance would be required.

No person shall own, possess, or have custody on his premises any wild or vicious animal for display, training, or exhibition purposes whether gratuitously or for a fee.

No person shall keep or permit to be kept any wild animals as a pet.

No person shall own, keep, or harbor a dog or other animal on unoccupied premises.

§ 90-21 Nuisance prohibited.

No person keeping, harboring or in charge of any dog or other animal shall cause, suffer or allow such dog or other animal to soil, defile, deface, or defecate on, or commit any nuisance on any property, including, but not limited to, any common thoroughfare, sidewalk, passageway, by path, play area, park or any place where people congregate or walk. The aforesaid restrictions shall not apply to those persons who shall comply with the following:

The person in charge of such dog or other animal shall immediately remove all feces deposited by such animal by any sanitary method.

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

No person keeping, harboring, or in charge of any dog or other animal shall cause, suffer, or allow such animal to soil, defile, deface or defecate on or commit any nuisance upon any private property without the permission of the property owner.

No person shall abandon, leave, relinquish control over, or cause to remain any dog, cat, bird, or other animal on any public or private property without prior approval of the property owner. Any person abandoning any animal will be charged with abandonment upon complaint being filed and a hearing before a Municipal Judge and a fine imposed if found guilty of abandonment at discretion of the Municipal Judge.

[Amended 9-17-2020 by Ord. No. 2020-602]

§ 90-22 Sanitary requirements.

The premises on which dogs, cats, livestock, birds, or other animals are maintained shall at all times conform to the following requirements:

Dogs, cats, livestock, birds and other animals shall at all times be confined to such premises or portion thereof as will preclude odors and sound emanating from such animals or birds or endangered by their care, feeding or other activity connected with such animals or birds from interfering with the ordinary and reasonable use, occupation, and enjoyment of property on neighboring premises.

All sheds, coops, pens, runways, stalls, or other enclosures or facilities related to animals or birds shall be located or maintained at least that distance required in the zoning ordinance[1] for setbacks, front, rear and side.

Editor's Note: See Ch. 145, Development Regulations, of this Code.

Buildings, food storage bins, appliances, equipment, feeding areas and other facilities on the premises shall be constructed with rot-proofing materials and maintained in such fashion as to permit proper cleaning and shall be cleaned, deodorized and disinfected regularly.

Water supply shall be adequate for proper sanitation.

Disposition shall be made of animal wastes, excrement, garbage, refuse, or vegetable matter deposited upon the premises in such a manner as to prevent insect breeding or rodent infestation or pollution of the air, ground, or body of water or the creation of any other unhealthy or unsanitary condition.

All necessary measures shall be taken to prevent the animals or birds maintained from escaping or at any time roaming at large.

Adequate facilities shall be available to maintain the premises in a sanitary condition at all times.

No person shall willfully sell, or offer to sell, use or expose any animal or bird having a contagious or infectious disease to the health or life of human beings or animals.

§ 90-23 License for kennel, pet shop, shelter or pound.

Any person who keeps or operates or proposes to establish a kennel, pet shop, shelter or pound shall apply to the Township Zoning Officer for a determination of whether the proposed use meets zoning ordinance requirements or if a variance and site plan would be is required by the Land Use Board to entitle him or her to keep or operate such establishment. Any person who is granted permission to establish a kennel, pet shop, shelter or pound shall not be required to secure individual licenses for dogs or cats owned by such licensee, and kept at such establishments. Such license for kennel, pet shop, shelter, or pound, shall not be transferable to another owner of different premises.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

If a Zoning Officer determines that variance or site plan review is needed, the application shall describe the premises where the establishment is located or proposed to be located, the purpose or purposes for which it is to be maintained and shall be accompanied by the written approval of the Zoning Officer and the Cumberland County health authority showing that plans will be in compliance with the local and state rules and regulations governing location and sanitation at such establishment. The application will also describe the maximum number of dogs, cats or other animals to be accommodated by such establishment at any one time. The maximum number of dogs allowed is 20 on the site at any one time. The maximum number of cats allowed is 20 on the site at any one time. This is dependent upon the size of kennel, pet shop, shelter or pound.

All licenses issued for a kennel, pet shop, shelter or pound shall state the purpose for which the establishment has been maintained and all such licenses shall expire on the last day of January of each year and be subject to revocation by the Township on recommendation of the State Department of Health or County Board of Health.

All licenses for a kennel, pet shop, shelter or pound shall be forwarded to the Township Committee for approval upon recommendation of either the Zoning Officer or the Land Use Board. The Township Committee during January of each year can renew licenses with a majority vote upon recommendation of the Animal Control Officer or County Board of Health that establishment is in full compliance and being properly maintained.

The Animal Control Officer or State or County Board of Health shall ensure any person holding a license to establish, keep or operate a kennel, pet shop, or shelter or pound shall comply with applicable state, county and local laws.

A license for a kennel, pet shop, shelter or pound shall be as follows:

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Kennel accommodating 10 or fewer dogs: $10.

Kennel accommodating more than 10 dogs: $25.

Pet shop: $10.

Shelter or pound: no fee.

§ 90-24 Kennel reports.

The Township Clerk shall forward to the State Department of Health a list of all kennels, pet shops, shelters and pounds licensed within 30 days after the licenses therefor are issued. The list shall include the name and address of each licensee and the kind of license issued.

§ 90-25 Livestock; restriction on number; review by Zoning Officer.

Two acres or less of land.

The keeping or raising of three or more livestock animals as defined by this article in § 90-5 on land of two acres or less shall require a written proposal with a drawing of the premises to the Zoning Officer for review. The keeping of two livestock animals or one livestock animal shall be permitted, but in such case a written proposal of premises and housing must be submitted to the zoning officer and subject to all state and local health and sanitation laws and ordinances.

If two acres or more of land is located in a residential zone, the Zoning Officer will refer the applicant to the Land Use Board for a variance or if site plan review is required.

Land greater than two acres.

The keeping or raising of six or more livestock animals as defined by this article in § 90-5 on land greater than two acres shall require a written proposal and drawing showing housing for livestock to the Zoning Officer for review. The keeping of all livestock animals shall be subject to all state and local health and sanitation laws and ordinances.

If two or more acres of land is located in a residential zone, the Zoning Officer will refer the applicant to the Land Use Board for a variance or if site plan review is required.

§ 90-26 Timely disposal of litters and other newly born animals.

In case a litter of animals or other newly born animals are born on the premises of any acreage listed above that make the number of animals in excess of the limitation thereof, said animals shall be removed from the property or the appropriate license required shall be obtained within six months after the date of birth.

§ 90-27 Approval of livestock application; plan and data required.

No license for the breeding, raising or keeping of more than three livestock animals on a two-acre or less parcel of land, or more than six livestock animals on a parcel of land in excess of two acres, shall be granted or issued unless the application shall be approved by the Land Use Board of Commercial Township as to location, suitability and fitness for such use.

The application for such license shall be accompanied by a plan giving the complete details of the premises intended to be used for the breeding, raising and/or keeping of livestock animals, as well as a plan of the pens or structures intended to be erected and used in connection with the breeding, raising and keeping of said livestock animals, and accompanied by the license fee hereinafter designated, together with a description of all buildings and dwellings within a radius of 1,000 feet from the premises proposed to be used for the breeding, raising and keeping of livestock animals, and also giving the full names and addresses of the owners of said buildings or dwellings, as well as the distance which said pen or other enclosure will be located from the nearest public road or street, dwelling house and boundary line of adjoining properties.

§ 90-28 Notice of livestock application; hearing; grounds for denial of license.

Upon receipt of such application and plans, the Land Use Board of Commercial shall fix a time for the consideration of the issuance of a license therefor, which time shall be within the next two regularly scheduled meetings of said Land Use Board after the receipt of such application. Notice shall be sent to the owners and occupants of all buildings and dwellings within a radius of 3,000 feet of the premises sought to be used for the breeding, raising and keeping of livestock animals, informing them of the receipt of the application and of the time set for the hearing of objections, if any, to the granting of the license. The granting of the license will not be approved by the Land Use Board whenever it appears that the granting of the same is or may be hazardous and detrimental to human health.

§ 90-29 Time limit for action on livestock license application.

The application, plans and specifications shall be approved on or before the second regularly scheduled meeting of the Land Use Board subsequent to the time a completed application is received and, when it is approved, the Secretary to the Land Use Board shall communicate to the Township Clerk that approval has been granted for the necessary license therefor, and said Clerk shall issue said license thereafter.

§ 90-30 Nontransferability of livestock license.

Such license is not transferable to any person, persons, firm or corporations and is not transferable to any other premises than those described on the license.

§ 90-31 Livestock license fee.

The license fee shall be $100 and shall permit the holder to keep, at any time during the period of such license, no more than one livestock animal per acre of land.

§ 90-32 Livestock animal location.

Any premises sought to be licensed to be used for the breeding, raising and keeping of livestock animals shall be so situate that the outer boundary of such livestock area shall not be less than 500 feet from the nearest side line of any public road or street and not less than 650 feet from the nearest wall of any dwelling occupied by a person or persons other than the licensee or any hotel, boardinghouse, lodging house, restaurant or any other similar establishment and not less than 100 feet from the boundary line of the nearest adjoining property line owned or occupied by another person or persons other than the licensee.

§ 90-33 Sanitation requirements for livestock facilities.

All buildings, yards, pens, sties or other enclosures in which said livestock animals are bred, raised or kept shall be maintained at all times in a sanitary condition satisfactory to the Zoning Officer of Commercial Township, to the members of the Cumberland County Board of Health and the Cumberland County Society for the Prevention of Cruelty to Animals.

§ 90-34 Livestock animal building construction.

All pens, shelters, buildings or other structures in which livestock animals are kept shall be provided with floors constructed of concrete or other impervious materials, or such material as approved by the Land Use Board due to the particular needs of the animals to be so housed, and on three sides, the side walls will be of similar material extending at least four inches above the floor level, each such pen, shelter or other structure shall be provided at the front thereof with a gutter or trough constructed of concrete or other impervious material, or such other gutter or trough as required by the particular animals to be housed of at least 12 inches wide and six inches deep, for the reception of waste liquids, if appropriate, and the floor of the pen, shelter or other structure shall be graded towards such gutter or trough.

§ 90-35 Cleaning of floors and troughs.

The floors of all pens, shelters, buildings or other structures in which livestock animals are bred, raised and kept and the gutter or troughs as required by the Land Use Board under § 90-34 of this article in front of such pens shall be cleansed at least once in each day, and cleanings shall be removed from the pens and gutters or trough and disposed of in a manner which will not give rise to offensive odors or afford an opportunity to fly breeding.

§ 90-36 Storage of wastes.

Manure and other decomposed organic matter used or produced in connection with the breeding, raising and keeping of livestock animals in which flies may breed shall not be stored on the premises longer than seven days and shall be stored on the premises in containers or vaults approved by the Zoning Officer of Commercial Township or the Cumberland County Board of Health. These containers or vaults shall be made or constructed of concrete or other impervious material and shall be tightly covered to effectively prevent flies from gaining access to their contents.

§ 90-37 Disposal of wastes; plowing under in fields.

No person, persons, firm or corporation shall make a final disposal of manure or other decomposable organic matter or offensive material used or produced in the breeding, raising or keeping of livestock animals in any manner which will permit the breeding of flies or otherwise create or cause a nuisance. Such materials, when used as a fertilizer, during the months of May to November, inclusive, shall be completely plowed under the ground surface within 24 hours after delivery to the fields.

§ 90-38 Accumulation of wastes.

The ground around all pens, shelters, feeding platforms, buildings or other structures in which livestock animals are bred, raised and kept shall at all times be kept free from accumulations of garbage, manure and decaying animal or vegetable matter.

§ 90-39 Food storage platform.

If a food storage platform or platforms are to be provided for the storage or reception of food which is to be fed to the livestock animals, said platform shall be constructed of concrete or wood planks at least two inches thick and shall be raised at least six inches above the surrounding ground. Where wood planks are used, the same shall be watertight to prevent pollution of the ground beneath.

No garbage brought into the licensed premises shall be dumped elsewhere upon said premises other than upon the platform provided for feeding purposes.

§ 90-40 Transportation requirements for garbage and manure.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

All wagons, trucks or other vehicles used in the transportation of garbage, manure or other waste by-products of livestock animals from any area where said livestock animals are housed shall be of watertight construction and, when on any public highway or road and loaded with such material, the tops of such wagons, trucks or other vehicles shall be covered with tarpaulin, canvas or other cover; provided, however, that when such material is transported in watertight cans, barrels or other containers, and such containers are equipped with watertight covers, it shall not be necessary to cover the top of the vehicle in which such cans, barrels or other containers are being transported.

§ 90-41 Fencing requirements.

No person, persons, firm or corporation shall be permitted to breed, raise or keep any livestock animal, as provided in this article, unless the pens or enclosures in which said livestock animals are to be bred, raised or kept shall be properly fenced so as to prevent their escape therefrom and the fence constructed thereon is maintained in good repair at all times during the use thereof for the breeding, raising and keeping of livestock animals. If more than one pen or other enclosure is maintained on any premises, each pen or such other enclosure shall be adequately fenced to prevent said domestic animals from escaping or running at large.

§ 90-42 Control of premises and/or animals.

No dog, cat or other animals kept in a kennel, pet shop, shelter or pound shall be permitted off the premises except on a leash, in a cage or other like method.

No livestock animal or fowl shall be permitted off the premises or property wherein they are authorized to be unless said animals are being immediately supervised by a competent adult.

It is the purpose of this subsection to require that animals in Commercial Township be controlled by those individuals that are meant to immediately supervise them. Dogs should be on a leash. Other animals permitted should be controlled by a competent adult immediately supervising the same, but it is not prohibited that a horse may be ridden by its owner or that animals can be transferred if appropriate, from one location to another if properly supervised.

§ 90-43 Animal bites.

When it has been determined by a hospital, physician or veterinarian that an animal bite has occurred, the Animal Control Officer, as agent of the Township, shall receive notice and investigate all such animal bites. The Animal Control Officer, in conjunction with the Cumberland County Health Officer having jurisdiction, will ensure that all quarantine periods and suspected rabies specimens are handled expeditiously.

If any animal is involved in an incident where said bite has been reported by a hospital physician or veterinarian, the Animal Control Officer shall notify Cumberland County Board of Health and owner of the dog, that it will be taken to the animal shelter designated by the Township for a quarantine period as designated by the State Board of Health. Animal Control Officer or County Health Official will contact the owner to make sure that the dog has had rabies vaccination. After quarantine, the complaint can be signed by the person or the parent of the child which was bitten and the case will have a hearing before a Municipal Court Judge.

No person owning or keeping an animal which has been determined to be vicious or to have a propensity to cause harm to people or other domestic animals shall permit such animal off the premises of the owner or keeper unless said animal is muzzled, crated, caged or on a leash no longer than six feet. Other housing conditions must be adhered to as set by the State Board of Health.

§ 90-44 Enforcement.

For any owner to redeem any dog/cat found running at large, the owner shall be required to present acceptable proof of ownership, such as a dog license, certificate of rabies to the designated shelter and pay the amount due for the shelter and feeding of the animal for the number of days confined. These funds are paid to the shelter and not the Township. For any owner to redeem any dog that has had to have medical attention by a veterinarian, the owner will be required to reimburse the shelter for the treatment and the shelter shall give the Township full credit of medical expenses.

Any person who owns a dog/cat is required to see that proper housing is supplied to keep animals from the weather elements. The owner or keeper shall supply doghouse for each dog owned and maintained outside. The owner or keeper shall supply housing for cats maintained in pen. Any owner found not to supply housing for dogs/cats shall be notified, in writing, by the Animal Control Officer and given seven days to comply or a complaint will be filed and a court appearance will be required and a fine imposed at the discretion of the Municipal Judge.

[Amended 9-17-2020 by Ord. No. 2020-602]

§ 90-45 Violations and penalties.

[Amended 9-17-2020 by Ord. No. 2020-602]

Any person who violates or refuses to comply with the provisions of this article or with the rules and regulations of the State Department of Health governing the sanitary conduct and operations of kennels, pet shops, shelters and pounds shall be liable for a penalty upon conviction in the Municipal Court as follows:

Unlicensed dogs; dogs running at large.

Failure to have a proper license and registration tag for a dog or other animal required to be licensed and/or registered, it is a court appearance required and the fine will be at the discretion of the Municipal Judge. If there is a second offense, the fine is at the discretion of the Judge and the defendant must obtain a license within five days of the sentence and present a copy to the court office.