[Adopted 2-8-1973 by Ord. No. 2-73 (Ch.
59, Art. I, of the 1981 Code); amended in its entirety at time of
adoption of Code (see Ch. 1, General Provisions, Art. I)]
The purpose of this article shall be to preserve
the public peace and good order in the Township of Marlboro and to
maintain the public health, safety and general welfare by enforcing
certain regulations and restrictions on the activities of dogs that
are consistent with the rights and privileges of the owners of dogs
and the rights and privileges of the citizens of the Township of Marlboro.
As used in this article, the following terms
shall have the meanings indicated:
A certified municipal animal control officer as defined in
N.J.S.A. 4:19-15.1.
The mating and/or raising of dogs, the training or education
or rearing of dogs for private hobby or show purposes.
As applied to an animal, shall mean that such animal is securely
confined or restrained and kept on the owner's premises, either within
a building, kennel or wire or other suitable enclosure or securely
fastened on a chain, wire or other effective tether of such length
and so arranged that the animal cannot reach or endanger any person
or any adjacent premises or on any public street, way or place, or,
if the animal is being transported by the owner, that it is securely
confined in a crate or other container or is so restrained in a vehicle
that it cannot escape therefrom.
Any dog, bitch or spayed bitch.
Any bona fide kennel, pet shop, shelter or pound.
KENNELAny establishment wherein or whereon the business of boarding or selling of dogs or breeding dogs for sale is carried on, except a pet shop.
PET SHOPAny place of business which is not part of a kennel, wherein animals, including, but not limited to, dogs, cats, birds, fish, reptiles, rabbits, hamsters or gerbils, are kept or displayed chiefly for the purpose of sale to individuals for personal appreciation and companionship rather than for business or research purposes.
SHELTERThe temporary quarters in the Township of Marlboro which shall contain all animals seized under the provisions of this chapter, or otherwise, until the animal so seized shall be removed to the pound.
Any dog which has attained the age of seven months or which
possesses a set of permanent teeth.
As applied to an animal, shall describe, designate or apply
to:
Every animal which seriously and habitually
disturbs the peace and quiet of the neighborhood by barking or howling
or making other disturbing noises.
Every animal which habitually chases any persons
or bicycles, automobiles or other vehicles upon any public highway
or in any such public place.
As applied to an animal, shall include the running animal
at all times when it is off the premises of its owner or is on the
premises of another without his consent and is not under the visual
and voice control of its owner.
Any dog used as a guide for the blind. The user of any such
dog shall be exempt from paying the license and registration fee provided
for herein.
[1]
Editor's Note: See N.J.S.A. 4:19-15.1 et seq.
A.
Application for licenses. No dog of licensing age
shall be allowed to be harbored in the Township of Marlboro without
being licensed as hereinafter provided:
(1)
The owner of any dog of licensing age harbored in
the Township of Marlboro shall register annually said dog as to sex,
breed, color and markings and whether such dog is of a long- or short-hair
variety; the name, address and telephone number of the owner, name
of dog and proof of rabies inoculation with the Division of Licenses
and Permits and pay therefor an annual fee of $12 for every neutered
or spayed dog or $15 for every non-neutered or nonspayed dog. In the
event that more than two dogs shall be registered, then each dog’s
registration fee thereafter shall be $4 for neutered or spayed dogs
and $7 per non-neutered or nonspayed dogs. The same fees shall be
charged for the annual renewal of each license and registration tag.
In addition, the owners shall pay any statutory fees required by N.J.S.A.
4:19-15.3, 4:19-15.3b and 4:19-15.3c. Owners of “Seeing Eye
dogs,” service dogs or dogs used to assist deaf persons must
be licensed and registered, but shall be exempt from the payment of
fees pursuant to the authority granted to the Township by N.J.S.A.
4:19:15-12. License and registration tags shall expire on the last
day of January of each year. The registration tag fee shall be forwarded
within 30 days after collection to the State Department of Health.
The remainder thereof is to be paid to the Treasurer of the Township
of Marlboro, who shall place the same in a special account as provided
by N.J.S.A. 4:19-15.11.
(2)
The owner of any newly acquired dog of licensing age,
or any dog which attains licensing age, shall apply for a license
and registration tag within 10 days of such acquisition or age attainment.
(3)
Any license registration for a dog obtained during
the current licensing year in the city, borough or municipality of
the State of New Jersey shall be honored in the Township of Marlboro
for that year, and a duplicate Township of Marlboro license and tag
shall be issued at the cost equal to the maximum amount allowable
under state law.
(4)
Late registration.
[Amended 12-10-2009 by Ord. No. 2009-43; 4-15-2010 by Ord. No.
2010-8]
(a)
There
shall be no administrative or other penalty imposed for the late registration,
prior to May 1 of any year, of a dog required to be licensed prior
to that date under any of the sections of this article. An administrative
penalty of $15 shall be imposed for registration of a dog required
for licensing taking place on or after May 1 of any year. This payment
shall be due and payable in addition to the registration fee.
(b)
If a dog owner fails to register his or her dog for licensing before July 1 of any year for dog licensing required prior to that date, then such owner shall be deemed to be in violation of the Code of the Township of Marlboro and thereby subject to the imposition of the minimum fine set forth in § 94-8 of this article. No municipal court appearance shall be required unless the owner pleads not guilty to the alleged violation.
(5)
Any person who shall bring or cause to be brought
into this state any dog licensed in another state for the current
year and bearing a registration tag and shall keep the same or permit
the same to be kept within the state for a period of more than 90
days shall immediately apply for a license and registration tag for
such dog in the Township of Marlboro unless the dog shall be licensed
as part of a kennel. Any person who shall bring or cause to be brought
into this state any unlicensed dog and shall keep or permit the same
to be kept within the state for a period of more than 10 days shall
immediately apply for a license and registration tag for each dog
in the Township of Marlboro unless such dog is licensed as part of
a kennel.
B.
Securing tag to collar of dog.
(1)
The registration tag shall be securely fastened to
the collar of the dog, and, in cases where the registration tag is
lost, the owner of said dog shall apply for a new registration tag,
which shall be issued at a cost of $1 to the owner of the dog.
[Amended 12-10-2009 by Ord. No. 2009-43]
(2)
No person, except an officer in the performance of
his duties, shall remove a registration tag from the collar of any
dog without the consent of the owner, nor shall any person attach
a registration tag to a dog for which it was not issued.
C.
Other licenses. The provisions of N.J.S.A. 4:19-15.8
through 4:19-15.10 in regard to the proper licensing and registration
of a kennel, pet shop, shelter or pound are applicable within the
Township of Marlboro.
D.
License record. The information on all applications
under this chapter and the registration number issued to each licensed
dog shall be preserved for a period of three years by the Township
Clerk. In addition, the Township Clerk shall forward similar information
to the State Department of Health each month on forms furnished by
the Department.
E.
Dog establishments.
(1)
Dog establishments whose dogs are confined upon the
premises shall not be required to license or register such dogs.
(2)
Establishments in which dogs are being trained for
private hobby or show purposes shall not be required to license or
register such dogs. Dogs in such dog establishments shall not be permitted
off the premises except on a leash or while being trained in a confined
area used for such training. Dogs in dog establishments shall not
be permitted off the premises except on a leash, in a crate or under
other complete control.
(3)
The owner of dogs being bred for sale in private premises
may do so for only one litter of such mated dog. However, all provisions
of this chapter shall apply to such owners as to registration and
control.
A.
No dog shall run at large at any time in the municipality.
B.
No person owning a dog or having the care, custody
or control of any dog shall permit such dog to be off the premises
owned or in other manner in possession of such person, unless the
dog is accompanied by a person at least 10 years of age and capable
of controlling the dog which shall be on a leash not more than six
feet long.
C.
No dog owner shall allow the dog owned by him or in
his care or custody to disturb the peace of the municipality by barking
for a continued period of time in such a manner as to annoy the persons
adjacent to his premises.
D.
Dogs and other animals which are penned outside of
the home shall be adequately housed in a shelter of appropriate size
for the size of the animal. Adequate food and water shall be provided
for the animal.
E.
No person owning, harboring, keeping or in charge
of any dog shall cause, suffer or allow such dog to soil, defile,
defecate on or commit any public nuisance on any common thoroughfare,
sidewalk, passageway, bypath, play area, park, school ground, or any
place where people congregate or walk, or upon any public or private
property without the permission of the owner of said property. The
restriction in this subsection shall not apply to the street right-of-way,
except for a sidewalk, from property line to property line, which
shall be used to curb such dog under the following conditions:
F.
No person who shall own, harbor or be in charge of
a dog or other animal shall allow such dog or other animal to do any
injury or damage to any lawn, shrubbery, flowers, grounds, trees or
any property belonging to anyone other than the owner or person having
the care or custody of such dog or other animal.
G.
A female dog in heat must be confined to the house
or pen. When she is walked or exercised, she must be on a leash and
controlled by a responsible adult. During the period a female dog
is in heat, such dog shall not be chained or tied in an open yard
or area at any time.
H.
Notwithstanding
anything in this article to the contrary, no person or persons shall
own, keep, harbor or maintain at any one time within the limits of
the Township of Marlboro more than five dogs of licensing age, except
in a kennel or pet shop, and except for dogs that are held and confined
in a shelter or pound under the provisions of this chapter.
[Added 12-10-2009 by Ord. No. 2009-43]
The Council of the Township of Marlboro hereby adopts and makes part of this chapter the provisions of the New Jersey Statutes, Title 4, Chapter 22, §§ 15 through 25.2 (N.J.S.A. 4:22-15 et seq.) as pertains to cruelty to animals occurring within the jurisdiction of Marlboro Township, with the exception that penalties imposed for municipalities prosecutions under this chapter shall be in accordance with § 94-11 of this chapter.
All dogs kept in the Township of Marlboro are
required to be inoculated against rabies by a licensed veterinarian
annually. Upon expiration of all licenses, registration tags and renewals
thereof on the last day of January of each year, no new license, registration
tag or renewal thereof shall be issued unless the applicant shall
present to the Division of Administration a certificate showing that
the dog to be licensed has received an antirabies inoculation during
the twelve-month period preceding the application for such license,
registration tag or renewal thereof.
A.
Animal Control Officer. The Mayor shall appoint an Animal Control
Officer for the exercise of such duties as it shall deem necessary
for the enforcement of the provisions of this chapter. The Animal
Control Officer who has completed the training required pursuant to
Paragraph 4 of Subsection a. of Section 3 of P.L. 1983, c. 525 (N.J.S.A.
4:19-15.16a) shall have the power and authority, within the jurisdiction
of the Township of Marlboro, to:
[Amended 7-7-2016 by Ord.
No. 2016-9]
(1)
Enforce all laws or ordinances enacted for the protection of animals,
including, but not limited to, animal control, animal welfare and
animal cruelty laws of the state and ordinances of the Township;
(2)
Investigate and sign complaints concerning any violation of an animal
control, animal welfare or animal cruelty law of the state or ordinance
of the Township; and
(3)
Act as an officer for detection, apprehension and arrest of offenders
against the animal control, animal welfare and animal cruelty laws
of the state and ordinances of the Township.
B.
Interference with enforcement. No person shall hinder,
molest or interfere with anyone authorized to perform any duty under
this chapter.
C.
Annual dog census. An annual census of all dogs harbored
within Marlboro Township will be taken under the direction of the
Marlboro Township Police Department and with the assistance of the
Division of Administration.
D.
Dogs or other animals deemed dangerous.
(1)
When, in the judgment of any officer of the Police
Department of the Township of Marlboro, any dog or other animal is
considered to be dangerous and a threat to humans or other animal
life or property, said officer is authorized to kill such animal for
the protection of any person or property.
(2)
Any dog or other animal having twice bitten any person
or persons or another domestic animal shall, upon the third offense,
be deemed a dangerous animal and shall be apprehended by the police
or enforcing officer or officers under the Marlboro Township dog control
program or this chapter and taken into custody, thereafter to be destroyed
in a humane manner in accordance with the laws of the State of New
Jersey, except where such biting takes place:
(3)
The Animal Control Officer, or any law enforcement officer of the Township of Marlboro, shall enforce the provisions of N.J.S.A. 4:19-17 et seq. and Chapter 94 in accordance with the laws of the State of New Jersey, including but not limited to N.J.S.A. 4:19-17 et seq. and such provisions of Chapter 94 as may be applicable.
A.
Any person who shall violate any provision of this article shall be subject to a minimum fine of no less than $50 for each and every violation and a maximum fine as allowable by law, including but not limited to N.J.S.A. 4:19-29, or imprisonment for a term not exceeding the maximum allowable by law, or both, except that violations of § 94-3A(4), Licensing requirements, shall be subject to an administrative penalty, pursuant to § 94-3A(4) hereinabove, and no municipal court appearance shall be required for such violation, unless the owner pleads not guilty to the alleged violation.
[Amended 12-10-2009 by Ord. No. 2009-43]
B.
Any animal impounded within the provisions of this
article shall be disposed of at the discretion of the person or persons
authorized to handle the control of animals by the Township.
