[HISTORY: Adopted by the Township Committee of the Township
of Delaware as indicated in article histories. Amendments noted where
applicable.]
[Adopted 9-25-1950 (Sec. 5-3 of the 1985 Revised General Ordinances)]
No person shall be permitted to keep, maintain or have in their
possession within the Township more than 25 hogs over the age of three
months, nor more than 75 pigs under the age of three months.
No person shall be permitted to haul, carry or transport by
any means whatsoever, any garbage, or any decaying or vegetable substance
to be used for the purpose of feeding or maintaining swine of any
type within the Township.
A.
Any violation of this article shall be enforced by complaint upon
oath or affirmation by any person before any municipal judge within
the Township, of if there be no such officer, before a like officer
of the County of Hunterdon, who shall upon the complaint being filed,
issue a process in the nature of a summons or a warrant against the
person charged, and such 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 10 days,
and either a summons or a warrant shall state the nature of the alleged
violation.
B.
Upon conviction, the municipal judge or other proper officer may
prescribe a penalty of not more than $100 nor less than $50 and the
form of the judgment shall be as provided by Title 26, Chapter 3,
Section 76, of the Revised Statutes, and in cases of nonpayment, the
defendant may be incarcerated in the county jail as provided by law.
[Adopted by Ord. No. 1992-15 (Sec. 5-1 of the 1985 Revised General Ordinances)]
As used in this article, the following terms shall have the
meanings indicated:
A dog or cat.
Any individual or agency authorized by the Delaware Township
Board of Health to enforce the provisions of this article. Further,
it includes any deputy or assistant of the Animal Control Officer,
or persons designated from time to time as the Acting Animal Control
Officer.
To seize with the teeth or jaws so as to enter, nip or grip
the person or animal seized; also to cut, wound, pierce or to impress
deeply the person or animal seized.
Any dog, bitch or spayed bitch.
An official appointed by the Township Committee of the Township
of Delaware to issue animal licenses and collect the respective fees.
Habitual barking or crying.
To provide with temporary quarters, shelter or refuge and
to give nourishment on a temporary basis for a period which exceeds
10 days.
Any animal which has attained the age of seven months or
which possesses a set of permanent teeth.
Rendered permanently incapable of reproduction as certified
by a licensed veterinarian.
When applied to the proprietorship of a dog or cat, shall
include every person having a right of property or custody in such
animal, and every person who has such animal in his or her keeping,
or who harbors or maintains, or knowingly permits these animals to
remain on or about any premises occupied by that person(s).
Includes the building and/or the plot of land on which said
building stands in which the owner of a dog or cat has a place of
abode or place of business in the Township.
Any dog as defined in this section which attacks and bites,
or attempts to attack and bite, persons or other animals without being
incited to do so; further, any dog displaying such fierceness or ferocity
as to indicate that it is a threat to the safety of persons.
A.
The position of Animal Control Officer (ACO) is hereby established
under the control and supervision of the Delaware Township Board of
Health. The duties of the Animal Control Officer shall include the
enforcement of the measures and provisions that control dogs contained
in N.J.S.A. 4:19-1 et seq. and any amendments thereof, and the provisions
of this article.
B.
It shall be the duty of the Animal Control Officer to apprehend and take into custody and impound, or cause to be taken into custody and impounded, any dog found running at large contrary to the provisions of § 124-6C, and to impound such dog in a suitable place. A complete registry of all such dogs so seized shall be made, which shall include the breed, color and sex of such dog and whether it's licensed. If licensed, the name and address of the owner and the number of the license tag shall be recorded. A copy of said registry shall be maintained by the Animal Control Officer.
C.
No person shall hurt, molest or interfere with the Animal Control
Officer or anyone else authorized or empowered to perform any duty
under this article.
D.
No person performing duties as Animal Control Officer shall be subject
to arrest for trespassing as provided in N.J.S.A. 4:19-15.17 and 4:19-15.18.
A.
No person shall keep within the limits of the Township of Delaware
any vicious dog. Any such dog found within the limits of the Township
may be seized by any police officer or by the Animal Control Officer
and be impounded as hereinafter specified. However, if any dangerous
or vicious dog is found "at large" and cannot be seized and impounded,
such dog may be slain by any police officer or the ACO. It is further
provided that when any dog determined to be vicious is taken off the
owner's property, it should be securely restrained, as necessary,
in addition to a leash or chain.
B.
No person shall keep within the Township of Delaware any dog causing
a habitual nuisance by disturbing the peace and quiet of the neighborhood
in which it shall be kept, or habitual damage to private property.
C.
No owner of any dog shall permit such dog, whether running at large
or upon leash, chain or lead, to be upon private property other than
the premises of the owner without the consent of the owner of said
private property.
D.
Any officer or agent authorized or empowered to perform any duty
under this article is hereby authorized to go upon any premises to
seize any dog or cat which he/she may lawfully seize and impound when
such officer is in immediate pursuit of such animals. The only exception
being if the animal is on the premises of the owner and said owner
is present and forbids seizure.
E.
If any dog or cat seized or impounded in accordance with the provisions
of this article is wearing a collar or harness having inscribed thereon,
or attached thereto, the name and address of any person or registration
tag of the owner, the ACO shall forthwith serve upon the owner notice
that the dog has been seized and will be liable to be disposed of
or destroyed if not claimed within seven days after the service of
this notice.
F.
When any dog or cat has been seized in accordance with the provisions
of this article and has been detained for seven days after such notice,
and if the owner or person keeping or harboring said dog has not claimed
said dog and paid all expenses incurred by reason of its detention
as hereinafter specified, the ACO may cause the dog to be destroyed
in a manner causing as little pain as possible.
G.
A fine of $15 shall be paid to the Township of Delaware as administrative
expenses incurred by reason of detention, as well as all actual detention
costs incurred. The charge specified herein shall be paid to the dog
license agent and a receipt shall be delivered to the person paying
such charges, which will be the authority for the ACO to release the
animal to the owner or person claiming such animal.
A.
No person shall own, keep, harbor or maintain any dog or cat over
seven months of age within Delaware Township, unless such dog or cat
is vaccinated against rabies by a licensed veterinarian. The provisions
of this section do not apply to animals held by a state or federal
licensed research facility, or a veterinary establishment where dogs
or cats are received or kept for diagnostic, medical, surgical, or
other treatments, or licensed animal shelters, pounds, kennels, or
pet shops. Further, any animal may be exempted from the requirements
of such vaccination for a specified period of time by the Board of
Health upon presentation of a veterinarian's certificate stating
that because of an infirmity or other physical condition, or regimen
of therapy, the inoculation of such animal would be deemed inadvisable.
B.
A certificate of vaccination shall be issued to the owner of each animal vaccinated on a form recommended and approved by the Delaware Township Board of Health. All dogs and cats shall be vaccinated against rabies by a licensed veterinarian of the State of New Jersey in accordance with the latest Compendium of Animal Rabies Vaccines and Recommendations for Immunization, published by the National Association of the Public Health Veterinarians, except as provided for in Subsection C.
[Amended 6-5-2000 by Ord. No. 2000-9BH]
C.
Any animal may be exempted from the requirements of such vaccination
for a specific period of time by the Delaware Township Board of Health,
upon presentation of a veterinarian's certificate stating that
because of an infirmity or other physical condition or a regimen of
therapy, the vaccination of such animal shall be deemed inadvisable.
[Added 6-5-2000 by Ord. No. 2000-9BH]
A.
No person shall keep or harbor within the limits of the Township
of Delaware any dog without first obtaining a license to be issued
by the dog license agent upon application by the owner and payment
of the prescribed fee. No person shall keep or harbor any dog in said
Township except in compliance with the provisions of this article
and the provisions for the control of dogs contained in N.J.S.A. 4:19-15.1
et seq., and any amendments thereof.
B.
Any person who shall own or harbor any dog of licensing age within
the Township of Delaware shall in the month of January, and annually
thereafter, apply for and procure from the dog license agent a license
and official registration tag for such dog so owned, kept or harbored
and shall place upon each such dog so owned, a collar or harness with
the registration tag securely fastened.
C.
The person applying for the license and registration tag shall pay
a fee of $8 for each dog; $6.80 shall be retained by the Township
of Delaware for the Dog Trust Fund and $1.20 shall be sent to the
New Jersey State Board of Health for rabies control pursuant to the
provisions contained in N.J.S.A. 4:19-15.1 et seq. and any amendments
thereof. For each annual renewal, the fee for the said license registration
tags and renewals thereof shall expire on the last day of February
in each year. Any dog owner or person harboring a dog or found to
have an unlicensed dog by the Township of Delaware Animal Control
Officer or any other official after March 1 shall be required to pay
an additional $30 delinquent fee, plus the required license fee as
provided in this article for their dog license. An additional fee
of $3 per dog (not including Seeing Eye dogs) shall be charged by
the State of New Jersey for any unspayed or unneutered dog that is
licensed. The owner of any newly acquired dog of licensing age shall
make application for license and registration tag for such dog within
10 days after such acquisition.
[Amended 5-7-2001 by Ord. No. 2001-05BH; 12-5-2005 by Ord. No.
2005-26BH]
D.
If a license tag has been misplaced or lost, the dog license agent
may issue a duplicate license and/or registration tag for that particular
dog at a fee of $2.
E.
Any person who owns or maintains a cat of licensing age shall, during
the month of January each year, apply for and procure from the Dog
License Agent an official certificate of registration as to each cat
so owned or maintained. The certificate shall set forth the date and
type of vaccination and who performed same. A fee of $7 will be collected
for each certificate. All cats owned or maintained in a single household
may be registered under a single certificate. Any cat owner found
to have an unregistered cat(s) after February 1 shall be required
to pay an additional $10 delinquent fee, plus the required registration
fee provided in this article.
[Amended 5-7-2001 by Ord. No. 2001-05BH]
F.
Cat registration forms shall be furnished by the Township and shall
be numbered serially and shall bear the year of issuance and the name
of the Township.
[Added 6-5-2000 by Ord. No. 2000-9BH]
G.
Proof of licensing shall be produced by any person owning, keeping,
maintaining or harboring a dog or cat upon request of any health official,
police officer or Animal Control Officer.
[Added 6-5-2000 by Ord. No. 2000-9BH]
H.
Leashing; accumulation of feces on property.
[Added 6-5-2000 by Ord. No. 2000-9BH]
(1)
No person shall permit a dog or cat to be outside his or her property
unless being led on a leash. The owner of such animal shall be responsible
for removing all feces from all property other than his or her own
when walking such animal.
(2)
No person shall permit any accumulation of animal feces to create
a public health nuisance on his/her own property.
[Amended 6-5-2000 by Ord. No. 2000-9BH]
I.
No person owning or keeping an animal shall permit such animal to
become a public nuisance as defined herein.
[Added 6-5-2000 by Ord. No. 2000-9BH]
J.
No person shall abandon or injure any animal of any age or permit
an animal to become a stray.
[Added 6-5-2000 by Ord. No. 2000-9BH]
K.
No person shall harbor any unlicensed or stray animal or make food
or shelter available to such animal.
[Added 6-5-2000 by Ord. No. 2000-9BH]
L.
In the event any person, by feeding such strays, causes the need
for more than four animal removals by the Animal Control Officer or
his designee within one month from the area near to the property on
which the strays are being fed, the Animal Control Officer may seek
the Board of Health to tax the costs of such removal against the property
owner of such property.
[Added 6-5-2000 by Ord. No. 2000-9BH]
M.
There shall not be permitted more than five cats of three months
of age or over to be kept or maintained on any residential or business
property in the Township of Delaware. For every three acres, a property
owner or tenant may keep one additional licensed cat. This section
shall not be deemed to prevent the renewal of any license for any
cat duly licensed as of the effective date of this article.
[Added 6-5-2000 by Ord. No. 2000-9BH]
N.
Any person who owns or keeps any animal located within the Township
of Delaware shall exercise sufficient and proper care and control
over such animal at all times so as to prevent the animal from becoming
a public nuisance or otherwise violating this chapter.
[Added 6-5-2000 by Ord. No. 2000-9BH]
O.
Every owner of a licensed animal must immediately report to the Board
of Health any animal showing a change in disposition or an illness
suggesting that it might have rabies, or any cat that bites another
animal or human. Such animal shall be tested and quarantined for a
period of 10 days. Animals evidencing a change in disposition or an
illness suggesting that it may have rabies may be required to have
such animal examined by a licensed veterinarian. Any cost incurred
in quarantining such animal or veterinary service examination shall
be paid for by the owner of such animal.
[Added 6-5-2000 by Ord. No. 2000-9BH]
P.
Except as otherwise provided for in this chapter, any person who violates or who fails or refuses to comply with this chapter shall be liable to a penalty according to § 124-10.
[Added 6-5-2000 by Ord. No. 2000-9BH]
Q.
All premises on which animals governed by this article are kept must
be maintained in a sanitary condition. An unsanitary condition shall
be deemed to exist by any agent of the Board of Health in the following
circumstances:
[Added 6-5-2000 by Ord. No. 2000-9BH]
(1)
The keeping of animals above in a manner that may foster the breeding
of insects or rodents or germination of bacteria or other infectious
microbes.
(2)
The keeping of animals above in a manner that may create foul and
noxious odors as well as disturbing noises.
(3)
The keeping of animals in an environment that may promote the spread
of disease from animal to animal.
A.
Any person who keeps or operates or proposes to establish a kennel,
a pet shop, a shelter or a pound shall apply to the Clerk of the Township
for an application to the Board of Adjustment for a variance. The
annual license fee for such establishment providing accommodations
for 10 or less animals shall be $10 and for more than 10 animals shall
be $25.
B.
Any person who fails to comply with the regulations promulgated by
the Board of Health or County Health Department governing the sanitary
conduct and operation of kennels, pet shops, shelters and pounds,
to preserve sanitation therein and prevent the spread of rabies and
other diseases of dogs and cats, within and from such establishments,
shall be liable to a penalty.[1]
[Amended 6-5-2000 by Ord. No. 2000-9BH]
Any person violating the provisions of this article shall, upon
conviction thereof, be punished by fines as specified: first offense,
$75 to $250, second offense, $150 to $500, third offense, $300 to
$1,000.
