[Adopted 8-7-1989 by Ord. No. 7-89[1]]
[1]
Editor's Note: This ordinance also repealed former Art. I,
Dogs, adopted 4-2-1966, as amended.
A.
BITE
DOG
DOG OF LICENSING AGE
KENNEL
OWNER
OWNER'S PREMISES
PET SHOP
POUND
SHELTER
TOWNSHIP or TOWN
VICIOUS DOG
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.
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.
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.
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.
The Township of Liberty in the County of Warren.
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.
B.
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.
C.
Personal pronouns shall mean either the singular or the plural, whichever
is applicable and conducive towards the effectuating of this article.
D.
The masculine, feminine or the neuter gender shall be implied, whichever
is appropriate and conducive for the effectuating of this article.
A.
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.
B.
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.
A.
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]
B.
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.
C.
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.[1]
[1]
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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.
I.
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.
A.
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.
B.
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:
(1)
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.
(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 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.
A.
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.
B.
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.
A.
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.
B.
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.
B.
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.
C.
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.
