[HISTORY: Adopted by the Township Committee of the Township of Liberty as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-7-1989 by Ord. No. 7-89]
Editor's Note: This ordinance also repealed former Art. I, Dogs, adopted 4-2-1966, as amended.
As used in this article, the following terms shall have the meanings indicated:
- To seize with the teeth or jaws so as to enter, nip or grip the person or thing seized and also to cut, wound, pierce or to impress deeply the person or thing seized.
- Any dog, bitch or spayed bitch.
- DOG OF LICENSING AGE
- Any dog which has attained the age of seven months or which possesses a set of permanent teeth.
- Any establishment wherein or whereon the business of boarding or selling dogs or breeding dogs for sale is carried on, except a pet shop, or where four or more dogs of licensing age are kept or maintained for any reason in any one place or establishment.
- When applied to the proprietorship of a dog, includes every person having a right of property in such dog and every person who has such dog in his keeping.
- OWNER'S PREMISES
- Includes the building and the plot of land on which the owner of a dog has a place of abode or place of business in the Township.
- PET SHOP
- Any room or group of rooms, cage or exhibition pen, not part of a kennel, wherein dogs for sale are kept or displayed.
- An establishment for the confinement of dogs seized under the provisions of this article or otherwise.
- Any establishment where dogs are received, housed and distributed without charge.
- TOWNSHIP or TOWN
- The Township of Liberty in the County of Warren.
- VICIOUS DOG
- Any dog, as defined in this section, which attacks and bites or attempts to attack and bite persons or dogs or other animals without being incited to do so or which has shown such savagery, fierceness or ferocity as to indicate that it is a threat to the safety of persons.
The words "and" and "or" may be used interchangeably, and either of the two may be applicable, whichever is more conducive towards the effectuating of this article.
Personal pronouns shall mean either the singular or the plural, whichever is applicable and conducive towards the effectuating of this article.
The masculine, feminine or the neuter gender shall be implied, whichever is appropriate and conducive for the effectuating of this article.
License required. No person shall keep or harbor any dog within the Township without first obtaining a license thereof to be issued by the Township upon application by the owner and payment of the prescribed fee, and no person shall keep or harbor any dog in the 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 to 4:19-15.29, both inclusive, and any amendments thereof.
Application for license; registration tag fastened to collar. Any person who shall own, keep or harbor a dog of licensing age shall annually, in the month of January, apply for and procure from the Township 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. Each license shall expire on January 31 of the year following the date of issue.
The person applying for the license and registration tag shall pay the annual fee for such license of $6.80 for the license and registration tag of each dog, plus any additional fees imposed by the State of New Jersey. For each renewal, the fee for the license and registration tag shall be the same as for the original license and tag. Said license and registration tags and renewal thereof shall expire on the last day of January in each year. Dogs not licensed by the close of business on the last day of January shall subject the owner to an additional charge of $5 per month thereafter until the said license and registration is renewed.
[Amended 10-1-2009 by Ord. No. 09-04; 11-6-2014 by Ord. No. 2014-010]
Exemption for 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 as hereinabove provided for, except that the owner or keeper of such dog shall not be required to pay any fee therefor.
Fees for impounded dogs. There shall be charged to the owner of each dog which is impounded pursuant to this article the sum of $10 for picking up each dog, plus a per-day maintenance fee of $5 for each day or part thereof that the dog has been impounded, which fees shall be paid when the dog is released.
Editor's Note: Original § 49-3.4, Disposal fee, which immediately followed this subsection, was repealed 9-5-1969.
Any person seeking a license for a dog shall make application to the Township describing the dog to be licensed and setting forth the name, street and post office address of the owner of the dog and of the person who will keep or harbor the dog if other than the owner. The Township shall keep a record of the application and registration number issued for a period of three years. The Township shall also forward an accurate account of the registration numbers issued or disposed of to the State Department of Health each month. Registration numbers shall be issued in the order in which applications are received.
The owner of any newly acquired dog of licensing age or of any dog which attains licensing age shall make application for license and registration tag for such dog within 10 days after such acquisition or age attainment.
Any person who shall bring or cause to be brought into the Township any dog licensed in the state other than New Jersey for the current licensing year and shall keep the same in the Township for a period of more than 90 days shall immediately apply for a license and registration tag for such dog.
Any person who shall bring or cause to be brought into the Township any unlicensed dog and shall keep the same in the Township for a period of more than 10 days shall immediately apply for a license and registration tag for such dog.
[Added 8-1-1994 by Ord. No. 14-94]
All dogs kept in the Township are hereby required to be inoculated against rabies by a licensed veterinarian. No licenses shall be issued for any dog unless the applicant for such license presents proof that the dog has been inoculated for rabies within three years prior to such application pursuant to N.J.S.A. 4:19-15.2a.
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.
Application for license. Any person who keeps or operates or proposes to establish a kennel, a pet shop, a shelter or a pound shall apply to the Township for a license entitling him to keep or operate such establishment.
Location and arrangements of building. Any kennel or pet shop to be licensed hereunder shall be so located, constructed, arranged, and operated in such a manner that it is not a nuisance as to noise, odors or actions in the neighborhood and further in such manner so that the dogs maintained therein cannot come in contact with other dogs not owned or maintained by the owner of the kennel or pet shop.
Information required on application. The application shall describe the premises where the establishment is located or is 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 Board of Health of the Township, showing compliance with the local and state rules and regulations governing the location of and sanitation at such establishments and compliance with this article.
Purpose stated on license; expiration date. 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 annually on January 31 and be subject to revocation by the Township Committee on recommendation of the State Department of Health or the Board of Health of the Township for failure to comply with the rules and regulations of the State Department or the Board of Health of the Township governing the same, after the owner has been afforded a hearing by either the State Department or the Township Board of Health.
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. Such licenses shall not be transferable to another owner of different premises.
License fees. The annual license fee for a kennel providing accommodations for 10 or fewer dogs shall be $10 and for more than 10 dogs, the fee shall be $25. The annual license fee for a pet shop shall be $25. No fee shall be charged for a shelter or pound.
Dogs not permitted off premises; exceptions. No dog kept in a kennel, pet shop, shelter or pound shall be permitted off such premises, except on leash or in a crate or other safe control.
Disposition of fees. All license fees and other moneys collected under this section shall be forwarded to the Treasurer of the Township within 30 days after collection or receipt and shall be accounted for and spent in accordance with N.J.S.A. 4:19-15.11, as amended.
List of kennels, pet shops and shelters to be sent to State Health Department a list of all kennels, pet shops, shelters and pounds licensed, within 30 days after the licenses therefor are issued, which list shall include the name and address of the licensee and the kind of license issued.
The Dog Warden of the Township or such other person as may be appointed by the Township Committee shall annually, after February 1 of each year, cause a canvass to be made of all dogs owned, kept or harbored within the limits of the Township and shall report to the Township Clerk, the Board of Health and to the State Department of Health the result thereof, setting forth in separate columns the names and addresses of persons owning, keeping or harboring such dogs, the number of licensed dogs owned, kept or harbored by each of said persons, together with the registration numbers of each of said dogs, and the number of the unlicensed dogs owned, kept or harbored by each of said persons, together with a complete description of each of the unlicensed dogs.
The Township Committee shall have power to appoint a Dog Warden, whose duty it shall be to enforce the provisions of this article. In such event there shall be a vacancy in the office of Dog Warden or if the Dog Warden shall be absent or incapacitated, then this article shall be enforced by the Police Department of the Township. The Township Committee shall also have the power to appoint such additional persons as Deputy Dog Wardens as may be necessary, in its judgment, to enforce the provisions of this article, and who may impound unlicensed dogs running at large in violation of the provisions of this article.
The Dog Warden or any Deputy Dog Warden so appointed by the Township shall take into custody and impound or cause to be taken into custody and impounded and thereafter destroyed or disposed of as provided by §§ 49-10 and 49-11:
Any dog off the premises of the owner of the person keeping or harboring the dog which the official or his agent or agents have reason to believe is a stray dog.
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.
Any female dog in season off the premises of the owner or of the person keeping or harboring the dog.
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, the Dog Warden or Deputy Dog Warden shall forthwith serve on the person whose address is given on the collar, or on the owner or the 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.
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 notice has not been and cannot be given as above set forth, and if the owner or person keeping or harboring said dog has not claimed the dog and paid all expenses incurred by reason of its detention, including maintenance not exceeding $5 per day, and if the dog be unlicensed at the time of seizure and the owner or person keeping or harboring said dog has not produced a license and registration tag for said dog, the Dog Warden or Deputy Dog Warden may cause the dog to be destroyed in a manner causing as little pain as possible.
Any officer or agent authorized or empowered to perform any duty under this article 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.
No person shall hinder, molest or interfere with anyone authorized or empowered to perform any duty under this article.
[Amended 9-8-2011 by Ord. No. 11-08]
No person shall own, possess or harbor any dog that frequently or for continued duration makes sounds that create a noise disturbance across a residential real property line. For the purpose of this section, a noise disturbance from a barking og shall be defined as that created by a dog barking continually for 10 minutes or intermittently for 30 minutes. This provision shall not apply, however, to those situations wherein there is purposeful provocation by others outside the control of the owner to cause the dog to bark.
No person owning, keeping or harboring any dog shall suffer or permit it to run at large upon the public streets or in any public park or in any public building or in any other public place or upon any property other than that owned by the license owner or keeper of the dog within the Township; provided, however, that this section shall not apply to any dog accompanied by a hunter or hunters during the hunting season or while any person may be training a hunting dog in the woodlands or open country.
No person owning, keeping or harboring any dog shall suffer or permit it to be upon the public streets or in any of the public places of the Township unless such dog is accompanied by a person over the age of 12 years and is securely confined and controlled by an adequate leash not more than six feet long.
Whenever it becomes necessary to safeguard the public from the danger of hydrophobia, the Mayor (if he deems it necessary) shall issue a proclamation ordering every person owning or keeping a dog to confine it securely on his premises unless such dog shall have a muzzle of sufficient strength to prevent its biting any person. Any unmuzzled dog running at large during the time of the proclamation shall be seized and impounded, unless noticeably infected with rabies. All dogs so noticeably infected with rabies and displaying vicious propensities shall be killed by the Dog Warden or the authorized persons without notice to the owner. The owner shall be notified of such killing within three days as to the reason for said killing. Dogs impounded during the first two days of such proclamation shall, if claimed within five days, be released to the owner, unless infected with rabies, upon payment of the impounding charges provided for. If unclaimed after that period, such dog or dogs may be summarily destroyed.
No vicious dog, whether registered or not, shall be permitted by the owner or person harboring the same to be in or upon any of the public streets or public places in the Township at any time or to trespass upon the property of any other person or corporation in the Township. Any such dog thus allowed or permitted by its owner or person harboring the same to be in or upon any of the public streets or public places in the Township or tresspassing upon the property of any other person in violation of this section shall be impounded and thereafter destroyed or disposed of as provided in §§ 49-10 and 49-11.
Any person who violates any other provision of this article shall be liable for a fine not to exceed the sum of $500 or imprisonment in the county jail for a period not to exceed 90 days, or both.
Any person, a police officer or a Dog Warden may make a complaint where the penalty for the violation of this chapter is a fine or imprisonment as provided for.
It shall be unlawful for any person or persons, firm or corporation, on or after the passing of this article, to have, keep, raise or maintain more than 100 pigs at any one time in the Township of Liberty, County of Warren, State of New Jersey, without first obtaining a written permit from the Zoning Officer.
Upon due and proper application setting forth the location where said pigs shall be kept and upon the applicant complying with § 49-16 of this article, the Zoning Officer shall issue the necessary permit upon receiving the sum of $10 from the applicant to cover necessary expenses.
All buildings, yards or enclosures in which any pig or pigs shall be kept, raised or maintained shall be kept at all times in a sanitary condition.
No garbage, offal or any decaying vegetable substance shall be brought into the Township of Liberty for the purpose of feeding the same to pigs.
Any person or persons, firm or corporation who shall violate any of the provisions of this article, whether such person or persons, firm or corporation shall be acting as the principal agent or employee of any other person or persons, firm or corporation, shall, upon conviction thereof, be punished by a fine of not more than $1,000 or by imprisonment for a term not to exceed 90 days, or both such fine and imprisonment.