[Adopted 12-23-1974 as Ch. 12 of the 1974 Code, as amended through Ord. No. O-99-49]
As used in this article, the following terms
shall have the meanings indicated:
The act of providing food and/or shelter to dogs, regardless
of whether it involves an overnight stay, for a fee, at the request
of the owner or caretaker. This definition shall also include pet
hotel and doggie day-care establishments.
[Added 12-15-2009 by Ord. No. O-09-59; amended 4-16-2024 by Ord. No. 24-10]
Any member of the domestic feline species, male, female or
neutered female.
Any person, establishment or facility that controls, possess, owns or maintains 15 or more dogs, in whole or in part, for the purpose of sale of their offspring as companion animals, or any person, facility or establishment that purchases or breeds for sale more than three litters per year, shall be considered a commercial breeder/owner. The sale of the litters shall be calculated in the aggregate and shall be in the calendar year. A commercial breeder shall be subject to the same rules and regulations and licensing requirements as that of a kennel as promulgated by N.J.A.C. 8:23A et seq., and as required by Chapter 57 of the Howell Township Revised Ordinances. The annual cost for a commercial breeder/owner license shall be the same cost as that of a kennel license. Any person, establishment or facility shall retain the right to apply to the Zoning Board of Adjustment, regardless of what zone such person, facility or establishment is located in, for an interpretation in the event there is a question as to whether or not such person, facility or establishment will be considered a commercial breeder/owner as defined herein.
[Added 12-15-2009 by Ord. No. O-09-59]
Any dog, bitch or spayed bitch.
Any dog which has attained the age of seven months or which
possesses a set of permanent teeth.
Refers to a facility where techniques are used to teach a
dog appropriate responses to cues, usually with respect to getting
it to stop, stand still or move in a certain manner. The cues employed
may include, but are not restricted to, the use of restraining devices
such as halters, motivational devices, or repetitive routines. Boarding
of dogs at dog training facilities is prohibited.
[Added 12-15-2009 by Ord. No. O-09-59]
Rabies vaccines have a very low rate of adverse reaction
compared to other vaccines. Revaccinating an animal before expiration
of the previous vaccine has not been associated with an increased
occurrence of adverse reactions and is not medically contraindicated.
Veterinarians can choose to use rabies vaccines with either a one-
or three-year duration of immunity.
[Added 4-18-2023 by Ord. No. 23-10]
Shall mean that the pet solid waste is removed at once, without
delay.
[Added 9-20-2005 by Ord. No. O-05-31]
Any establishment wherein or whereon the business of boarding
or selling dogs or breeding dogs for sale is carried on, except a
pet shop.
The date upon which a license and official metal registration
tag is issued by the Township Clerk.
[Added 9-14-2021 by Ord. No. O-21-25]
The period of time beginning March 1 and ending upon February
28 of the following year during which a person who owns, keeps or
harbors a dog of licensing age must apply for and procure from the
Township Clerk a license and official metal registration tag for each
such dog so owned, kept or harbored.
[Added 9-14-2021 by Ord. No. O-21-25; amended 4-18-2023 by Ord. No. 23-10]
The one-year period commencing on the license date and lasting
until the renewal date.
[Added 9-14-2021 by Ord. No. O-21-25]
Owners of dogs seven months of age or older are required
by state statute to license their dogs in the municipality where the
dogs are housed.
[Added 4-18-2023 by Ord. No. 23-10]
Any person who shall possess, maintain, house or harbor any
pet or otherwise have custody of any pet, whether or not the owner
of such pet.
[Amended 9-20-2005 by Ord. No. O-05-31]
Any individual, corporation, company, partnership, firm,
association or political subdivision of the state subject to municipal
jurisdiction.
[Added 9-20-2005 by Ord. No. O-05-31]
A domesticated animal (other than a disability assistance
animal) kept for amusement or companionship.
[Added 9-20-2005 by Ord. No. O-05-31]
Any place of business which is not part of a kennel, where
domesticated animals, such as dogs and cats, are bathed, brushed,
clipped, or styled.
[Added 4-16-2024 by Ord. No. 24-10]
Any 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.
[Added 9-20-2005 by Ord. No. O-05-31; amended 12-15-2009 by Ord. No. O-09-59; 4-16-2024 by Ord. No. 24-10]
Waste matter expelled from the bowels of the pet; excrement.
[Added 9-20-2005 by Ord. No. O-05-31]
An establishment for the confinement of dogs seized either
under the provisions of this article or otherwise.
Placement in a designated waste receptacle or other suitable
container.
[Added 9-20-2005 by Ord. No. O-05-31]
Any form of aid provided to individuals by a public agency,
such as, but not limited to, food stamps, aid to families with dependent
children, medicaid, pharmaceutical assistance to the aged and disabled
and supplemental security income.
The age of seven months or the age when a set of permanent
teeth appears.
The date in the next following calendar year upon which the
license year and license expires.
[Added 9-14-2021 by Ord. No. O-21-25]
Any establishment where dogs are received, housed and distributed
without charge.
A special class of dogs that perform a service for a profit
or are not otherwise regulated by state or federal legislation.
[Added 12-15-2009 by Ord. No. O-09-59]
A.
Required; placing tag on dog. Any person who shall
own, keep or harbor a dog of licensing age shall annually, in the
month of March during the license period, apply for and procure from
the Township Clerk a license and official metal registration tag for
each such dog so owned, kept or harbored and shall place upon each
such dog a collar or harness with the registration tag securely fastened
thereto.
[Amended 9-14-2021 by Ord. No. O-21-25; amended 4-18-2023 by Ord. No. 23-10]
B.
Fees; renewals; expiration date. Any person applying for a license and registration tag shall annually pay the fee fixed in § 57-6 of this article along with the sum as set forth in Chapter 139, Fees, for the registration tag for each dog licensed.[1]
(1)
The license year for a dog of licensing age shall
commence on March 1 of each year, with all licenses, registration
tags and renewals thereof expiring on February 28 of the following
year and can be renewed after March 1 of the new year.
[Amended 9-14-2021 by Ord. No. O-21-25; 4-18-2023 by Ord. No. 23-10]
(2)
For each annual renewal, the fee for the license and registration tag shall be the same as the fee for an original license and tag, as fixed by § 57-6 hereof.
(3)
Any person who shall own, keep or harbor a dog of licensing age and who fails to procure a license, registration tag, or renewal thereof by April 30 of the renewal year shall be subject to a late fee as set forth in Chapter 139, Fees.
[Amended 12-15-2009 by Ord. No. O-09-58; 9-14-2021 by Ord. No. O-21-25; 4-18-2023 by Ord. No. 23-10]
C.
Loss of registration tag; replacement tag issued. Only one license and registration tag shall be required in any licensing year for any dog owned in the Township, except that the Township Clerk may issue a registration tag upon proof by the owner of the loss of a duly issued registration tag. Owners applying for a replacement registration tag shall pay a fee as set forth in Chapter 139, Fees, for each and every replacement.[2]
D.
Seeing-eye dogs. Dogs used as guides for blind persons
and commonly known as "seeing-eye dogs" shall be licensed and registered
as other dogs hereinabove provided for, except that the owner or keeper
of such dog shall not be required to pay any fee therefor.
E.
Dog tags. License forms and uniform metal registration
tags shall be furnished by the Township and shall be numbered serially
and shall bear the year of issuance and the registration tag shall
have marked on it the words "Dog Tag, Howell Township, N.J."
F.
Time for applying for license for newly acquired dogs.
The owner of any newly acquired dog of licensing age or of any dog
which attains licensing age shall make application for a license and
registration tag for such dog within 10 days after such acquisition
or age attainment.
[Amended 4-18-2023 by Ord. No. 23-10]
G.
Application; preservation of information. The application
shall state the breed, sex, age, color and markings of the dog for
which license and registration are sought and whether it is of a long-
or short-haired variety and the name, street and post-office address
of the owner and the person who shall keep or harbor such dog. The
information on the application and the registration number issued
for the dog shall be preserved for a period of three years by the
Township Clerk. Registration numbers shall be issued in the order
of the applications.
H.
Requirements for dog licensure. Evidence of inoculation
with rabies vaccine or certification of exemption.[3] The Township Clerk shall not grant any such license and
official metal registration tag for any dog unless the owner thereof
provides proof that a licensed veterinarian administered a rabies
vaccine to the dog (rabies vaccination certificate) or has been certified
exempt as provided by regulations of the State Department of Health.
Such vaccination shall have been administered by a duly licensed veterinarian
or by such other veterinarian permitted by law to do the same. For
a dog license to be issued, the dog owner must show that the duration
of immunity from the first 10 months of the twelve-month licensing
period. Animals that have a duration of immunity which expires prior
to the ten-month cutoff must receive a booster rabies vaccination
prior to licensure (N.J.A.C. 8:23A-4.1).
[Amended 4-18-2023 by Ord. No. 23-10]
I.
Dogs brought into Township; unlicensed dogs.
(1)
Any person who shall bring or cause to be brought into the Township any dog licensed in another state or in another municipality of this state for the current year and bearing a registration tag and who shall keep the same or permit the same to be kept within the Township for a period of more than 90 days shall immediately apply for a license and registration tag for each dog unless such dog is licensed under § 57-5.
(2)
Any person who shall bring or cause to be brought into this Township any unlicensed dog and who shall keep the same or permit the same to be kept within the Township for a period of more than 10 days shall immediately apply for a license and registration tag for each such dog unless such dog is licensed under § 57-5.
J.
Removing tag without owner's consent; attaching tag
to another dog. 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.
[Amended 12-15-2009 by Ord. No. O-09-59; 4-16-2024 by Ord. No. 24-10]
A.
License required. Any person who keeps or operates
or proposes to establish or may otherwise be considered a kennel,
pet shop, shelter or pound, dog training facility, boarding facility,
pet grooming establishment, or commercial breeder, as defined herein,
shall apply to the Township Clerk for a license entitling him or her
to keep or operate such establishment.
B.
Application for license. The application shall describe
the premises where the establishment is located or is proposed to
be located and the purpose or purposes for which it is to be maintained,
and shall be accompanied by the written approval of the Health Officer
of the Township showing compliance with Township and state rules and
regulations governing location and sanitation at such establishment.
C.
Purpose of license; expiration. All licenses issued
for a kennel, pet shop, shelter or pound shall state the purpose for
which the establishment is maintained, and all such licenses shall
expire January 31 of each year and be subject to revocation by the
Township on recommendations of the State Department of Health or the
Township Board of Health for failure to comply with the rules and
regulations of the State Department or Board of Health governing the
same, after the owner has been afforded a hearing by the Board of
Health.
D.
Individual dog licenses not required. Any person holding
such license shall not be required to secure individual licenses for
dogs owned by such licensee and kept at such establishments, and such
licenses shall not be transferable to another owner or different premises.
E.
F.
Permitting dogs off premises. No dog kept in a kennel,
pet shop, boarding facility, pet grooming establishment, shelter or
pound shall be permitted off such premises, except on leash or in
a crate or other safe control.
A.
B.
The foregoing fees shall in each case include and shall not be in addition to the fee established for registration tags in § 57-4B of this article.
C.
Any person claiming that a dog to be licensed has
had its reproductive capacity permanently altered through sterilization
shall only be entitled to pay the lesser license fee described herein
where said person presents to the Clerk a certificate signed by a
licensed veterinarian of the State of New Jersey stating that the
dog to be licensed has been spayed or neutered.
D.
Explanatory statement. By virtue of Chapters 172, 180 and 181, P.L. 1983,[2] the State of New Jersey established a program of spaying and neutering dogs and cats. Included in said legislation is a requirement that any person applying for a license and registration tag for a dog shall pay a sum to be forwarded to the State Treasurer and placed in the Pilot Clinic Fund. Further, said laws require that any person applying for a license and registration for a dog shall pay a fee for any dog of reproductive age which has not had its reproductive capacity permanently altered through sterilization, which moneys are to be deposited in the Animal Population Control Fund. The purpose of this section is, therefore, to authorize the collection of said additional moneys, as required by the state, together with an additional fee as set forth in Chapter 139, Fees, per licensed dog to be paid to the Township to cover the additional administrative expenses incurred by it in conjunction with the new state requirements.[3]
A.
Running at large. No person owning, keeping or harboring
any dog shall suffer or permit it to run at large upon the public
streets or any public park or any public building or any other public
place within the Township unaccompanied by its owner or his, her or
its representative. Any dog found running at large shall be deemed
to be doing so with the permission of the owner, keeper or harborer
and such person shall be guilty of a violation of this subsection
B.
Female dogs. No owner of a female dog shall suffer
or permit her to be in or upon any street, highway or alley or other
public place in the Township or to trespass upon the property of other
persons in the Township at any time while such female dog may be in
season. Such female dog running at large or trespassing in violation
of this subsection may be impounded and destroyed, as provided in
this article, not less than seven days after her capture or seizure,
unless the owner shall reclaim her within the aforesaid seven-day
period and pay the penalty for violation of this subsection.
C.
Nuisance restrictions. No person shall own, keep,
harbor or permit any dog to annoy neighbors or other persons living
within the immediate vicinity of the Township by loud, frequent or
habitual continuous barking, howling, or yelping for a period of more
than 20 continuous minutes between the hours of 7:00 a.m. and 10:00
p.m. or for a period of more than 15 continuous minutes between the
hours of 10:00 p.m. and 7:00 a.m. "Continuous" is defined as uninterrupted,
unbroken, not intermittent or occasional, so persistently repeated
at short intervals as to constitute virtually an unbroken series.
No dog owner shall permit his dog to trespass upon the property of
any other persons in the Township nor suffer or permit his dog to
damage shrubbery, flowers, gardens or any other property of any kind
or character belonging to any neighbor or other person in the Township.
[Amended 12-16-2003 by Ord. No. O-03-40]
D.
Complaints. In any proceeding before the Township
Judge upon a complaint duly made and filed in the Municipal Court,
if the Court shall find that the dog in question has committed the
prohibited acts alleged in the complaint, then there shall be a presumption
that the defendant owner, possessor or harborer has suffered or permitted
said dog to commit the prohibited acts alleged in the complaint, and
it shall not be necessary that the complainant prove the defendant's
knowledge, intention or scienter; provided, however, that it shall
appear in such proceeding that the complainant has on at least one
other previous occasion lodged a complaint with the Township Police
Department charging the same defendant with the same offense and that
the defendant had notice of such previous complaint.
E.
Nuisance by pets.
[Amended 9-20-2005 by Ord. No. O-05-31]
(1)
No owner shall cause, allow, permit or suffer his
pet to soil, defile, defecate or commit any like nuisance on any public
property, thoroughfare, street, highway, alley, passageway, road bypass,
bypass, park, sidewalk, gutter, play area, playground or any place
where people may congregate or walk or on any private property without
the permission of the owner of such property.
(2)
When any owner permits, allows or causes his pet to
soil, defile, defecate or commit any like nuisance in any area prohibited
in this subsection, such owner shall immediately remove and sanitarily
dispose of such defecation, droppings or soiling by shoveling or scooping
up the same.
(3)
Exemptions. Any owner or keeper who requires the use
of a disability assistance animal shall be exempt from the provisions
of this section while such animal is being used for that purpose.
[Added 9-20-2005 by Ord. No. O-05-31]
F.
Leashing dogs. No person owning, keeping or harboring
any dog shall permit it to be upon the public streets or in any public
places of the Township unless such dog is accompanied by a person
capable of controlling such animal and it is securely confined and
controlled by an adequate leash of not more than six feet long.
A.
Causes for impounding. Any person appointed for that
purpose by the Township Council shall take into custody and impound
or cause to be taken into custody and impounded and thereafter destroyed
or disposed of as provided in this section:
(1)
Any dog off the premises of the owner or of the person
keeping or harboring said dog which said official or his agent or
agents have reason to believe is a stray dog.
(2)
Any dog off the premises of the owner or of the person
keeping or harboring the dog without a current registration tag on
his collar.
(3)
Any female dog in season off the premises of the owner
or the person keeping or harboring the dog.
B.
Serving notice on owner or keeper.
(1)
If any dog so seized wears a collar or harness having
inscribed thereon or attached thereto the name and address of any
person or a registration tag or the owner or the person keeping or
harboring the dog is known, any person authorized by the Township
Council shall forthwith serve on the person whose address is given
on the collar or on the owner or person keeping or harboring the dog,
if known, a notice in writing stating 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 the notice.
(2)
A notice under this section may be served either by
delivering it to the person on whom it is to be served or by leaving
it at the person's usual or last known place of abode, or at the address
given on the collar, or by forwarding it by post in a prepaid letter
addressed to that person at his usual or last known place of abode
or to the address given on the collar.
C.
Dogs detained for required time; destruction. When
any dog so seized has been detained for seven days after notice, when
notice can be given as above set forth, or has been detained for seven
days after seizure when no notice has been given as above set forth
and if the owner or person keeping or harboring the dog has not claimed
the dog and paid all expenses incurred by reason of its detention,
including maintenance not exceeding $1 per day, and if the dog is
unlicensed at the time of the seizure and the owner or person keeping
or harboring the dog has not produced a license and registration tag
for the dog, the Township Council may cause the dog to be destroyed
in a manner causing as little pain as possible. No dog or other animal
so caught and detained or procured, obtained, sent or brought to a
pound or shelter shall be sold or otherwise made available for the
purpose of experimentation. Any person who sells or otherwise makes
available any such dog or other animal for the purpose of experimentation
shall be guilty of a violation of this section.
D.
Seizure of dogs; going on premises. Any officer or
agent authorized or empowered by the Township Council to perform any
duty under this section is hereby authorized to go upon any premises
to seize for impounding any dog or dogs which he may lawfully seize
and impound when such officer is in immediate pursuit of such dog
or dogs, except upon the premises of the owner of the dog if the owner
is present and forbids the same.
E.
Interfering with persons performing duties under section.
No person shall hinder, molest or interfere with anyone authorized
or empowered to perform any duty under this section.
A.
Any person who violates or fails or refuses to comply
with this article shall be liable to a penalty of not less than $150
nor more than $500 for each and every offense, except that for the
first offense or failure to secure a license, the penalty shall not
be less than $10 and not more than $50.
[Amended 12-18-2007 by Ord. No. O-07-56; 12-15-2009 by Ord. No. O-09-59]
B.
For violation of § 57-7E(2), the maximum penalty upon conviction of such violation shall be a fine not to exceed the sum of $100 for a first offense and, for a second offense, a fine of not in excess of $200 and, for any subsequent offense, a fine not in excess of $450 or imprisonment in the county jail for a period not to exceed 90 days, or both.
C.
Each and every violation of this article shall be
regarded as a separate violation even if such violation shall have
occurred on the same day and may be subject to separate penalty.
No provision of this article shall be construed
to apply to any establishment wherein or whereon dogs are received
or kept for diagnostic, medical, surgical or other treatments owned
by and operated under the immediate supervision of a graduate veterinarian
licensed in the State of New Jersey.
A.
Rabies vaccination.
(1)
No owner of a cat that has attained registration age
shall keep, harbor or otherwise maintain such cat unless it is vaccinated
against rabies.
(2)
All cats that have attained registration age shall be vaccinated against rabies by a licensed veterinarian, in accordance with the latest "Compendium of Animal Rabies Vaccines and Recommendations for Immunizations" published by the National Association of State Public Health Veterinarians, except as provided in Subsection A(4) of this section.
(3)
For each cat vaccinated in compliance with this section,
a certificate of vaccination shall be issued to the owner thereof
on a form approved by the State of New Jersey.
(4)
A cat may be exempted from the requirements of a vaccination
for a specific period of time, 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 cat is deemed
inadvisable.
B.
Rabies clinics.
(1)
At the discretion of the Township Manager, the Township
shall sponsor yearly rabies clinics to provide cat and dog owners
residing within the Township a convenient and inexpensive method to
have their cats and dogs vaccinated against rabies in compliance with
the requirements of this article. These clinics will be scheduled
yearly after consultation with health and public services. The number
of clinics offered each year shall be determined on a yearly basis
by the Township Manager.[1]
[1]
Editor's Note: Former Subsection B(2), pertaining
to rabies clinic fees, which immediately followed this subsection,
was deleted 12-18-2007 by Ord. No. O-07-56.
C.
Registration.
(1)
Every owner who keeps, harbors or maintains a cat
that has obtained registration age shall register such cat annually,
in January of each year, with the Township. Such registration shall
state the name, address, and telephone number and the breed, sex,
age, color and markings of the cat and whether it is of a long-haired
or short-haired variety. The information obtained through such registration
shall be preserved by the Township for three years.
[Amended 12-18-2007 by Ord. No. O-07-56]
(2)
Unconfined cats.
[Added 12-18-2007 by Ord. No. O-07-56[2]]
(a)
It has been determined that the presence of
large numbers of cats on and around properties is inimical to the
health and general welfare of the public.
(b)
It shall be a violation to harbor, maintain
or feed unconfined cats.
(c)
The purpose of this article is to prohibit residents
from feeding, harboring or maintaining unconfined cats on any properties
out-of-doors within the Township of Howell.
[2]
Editor's Note: This ordinance also renumbered
former Subsection C(2) as C(3).
(3)
No cat shall be registered pursuant to Subsection C(1) unless the owner thereof provides competent evidence that the cat has been vaccinated as provided in this section. Cats with inoculations against rabies whose duration of immunity expires prior to the end of the year in which the cat is being registered shall be deemed acceptable for registration, provided that the expiration date is not more than two months prior to the end of the year in which the cat is being registered. Cats with inoculation against rabies whose duration for immunity for rabies expires more than two months prior to the end of the year in which the cat is being registered shall have received a booster inoculation against rabies prior to the cat being registered.
The owner or other person having custody and
control of a dog which has been declared to be vicious or potentially
dangerous by the Municipal Court of the Township of Howell or another
court of competent jurisdiction of the State of New Jersey, pursuant
to N.J.S.A. 4:19-17 et seq., shall comply with the provisions of any
order entered by the Court pursuant to N.J.S.A. 4:19-24.
A.
Duties of an owner of a potentially dangerous dog.
The owner or other person having custody or control of a dog which
has been declared to be potentially dangerous by the Municipal Court
of the Township of Howell or by another court of competent jurisdiction
of the State of New Jersey pursuant to N.J.S.A. 4:19-23 must now comply
with the duties of an owner of a potentially dangerous dog as set
forth in N.J.S.A. 4:19-28.
B.
Licensing of a potentially dangerous dog. The Township
Manager, or other official of the Township of Howell entrusted with
the issuing of licenses for dogs, shall issue a potential 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 of the Township
that the owner has complied with the Court's order declaring the dog
to be potentially dangerous pursuant to N.J.S.A. 4:19-24. The last
three digits of each potentially dangerous dog registration number
issued by the Township will be the three-number code assigned to the
Township in the regulations promulgated pursuant to N.J.S.A. 4:19-33.
C.
D.
Insurance. The owner of a potentially dangerous dog
shall maintain liability insurance in an amount as determined by the
Municipal Court to cover any damage or injury caused by the potentially
dangerous dog. Said liability insurance shall contain a provision
requiring that the municipality in which the owner resides is 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.
[Added 9-19-2006 by Ord. No. O-06-41]
