[HISTORY: Adopted by the Township Committee of the Township of Quinton 7-6-1977 by Ord. No. 1977-9. Amendments noted where applicable.]
A. 
The words hereinafter defined shall have the meanings herein indicated for the purposes of this chapter, as follows:
DOG
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.
KENNEL
Any establishment wherein or whereon the business of boarding or selling dogs or breeding dogs for sale is carried on, except a pet shop.
OWNER
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.
PERSON
An individual, firm, partnership, corporation or association of persons.
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.
POUND
An establishment for the confinement of dogs seized either under the provisions of this chapter or otherwise.
SHELTER
Any establishment where dogs are received, housed and distributed.
[Amended 7-3-1991 by Ord. No. 1991-8]
B. 
The words "and" and "or" may be used interchangeably, and either of the two may be applicable, whichever is more conducive toward the effectuating of this chapter.
C. 
Personal pronouns shall mean either the singular or the plural, whichever is applicable and conducive towards the effectuating of this chapter.
[Amended 7-3-1991 by Ord. No. 1991-8; 12-5-2007 by Ord. No. 2007-11]
A. 
No person shall keep or harbor any dog of licensing age within the Township of Quinton, County of Salem, without first obtaining a license therefor, to be issued by the Clerk of the Township of Quinton upon application by the owner and a payment of the prescribed fee, and no person shall keep or harbor any dog in said Township except in compliance with the provisions of this chapter.
B. 
There shall be permitted no more than five dogs of licensing age or over to be kept or maintained in or on the premises of any home, dwelling, apartment, residential unit or place of business within the Township of Quinton. Any premises maintaining more than four dogs shall be considered to be a kennel and shall be required to comply with the requirements of this chapter in regard to a kennel as well as comply with all state and county rules, regulations and laws in regard to maintaining a kennel.
C. 
Any premises upon which are kept more than five dogs of licensing age at the time of the passage of this section, may continue to do so, but may not replace a dog that dies or is otherwise removed from the premises.
[Amended 12-7-2004 by Ord. No. 2004-8]
Any person who shall own, keep or harbor a dog of licensing age shall, in the month of January of each year or every three years, depending if you have a one-year or a three-year license, apply for and procure from the Clerk of 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. The three-year license shall only be given when the rabies shot due date can run concurrent with the due date on the license.
[Amended 3-4-1987 by Ord. No. 1987-1; 5-6-1987 by Ord. No. 1987-4; 7-3-1991 by Ord. No. 1991-8; 2-15-1994 by Ord. No. 1994-1]
A. 
The person applying for the license and registration tag for a one-year license shall pay a fee of $15 for each neutered dog and a fee of $18 for each nonneutered dog. A three-year license is a fee of $45 for a neutered dog and $54 for a nonneutered dog. Said licenses, registration tags and renewals expire on the last day of January for a one-year license and a three-year license.
[Amended 12-7-2004 by Ord. No. 2004-8; 12-6-2016 by Ord. No. 2016-09]
B. 
Dogs used as guides for blind persons and commonly known as "Seeing Eye" dogs, dogs used as guides for deaf persons, known as "hearing ear" dogs, and dogs used to assist handicapped persons, known as "service 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.
C. 
Any person or persons who shall fail to secure the required license and registration tag for each dog by March 1 of each year will be subject to a late charge of $20 per dog in addition to the licensing and registration tag fees.
[Added 2-3-1993 by Ord. No. 1993-2; amended 12-5-2007 by Ord. No. 2007-11]
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.
The application shall state the breed, sex, age, color and marking of the dog for which license and registration are sought and whether it is of a long- or short-haired variety; also the name, street and post office address of the owner and the person who shall keep or harbor such dog. The information on said application and the registration number issued for the dog shall be preserved for a period of three years by the Clerk of the Township. In addition, he shall forward similar information to the State Department of Health each month, on forms furnished by said Department. Registration numbers shall be issued in the order of the applications.
A. 
Any person who shall bring or cause to be brought into the Township of Quinton in the County of Salem 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 Township for a period of more than 90 days shall immediately apply for a license and registration tag for each such dog, unless such dog is licensed under § 102-9 of this chapter.
B. 
Any person who shall bring or cause to be brought into the Township any unlicensed dog and 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 § 102-9 of this chapter.
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. 
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 a license entitling him to keep or operate such establishment.
B. 
The application shall describe the premises where the establishment is located or is proposed to be located and the purpose or furs for which it is to be maintained and shall be accompanied by the written approval of the Health Officer 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.
C. 
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 on the last day of June of each year 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 Board of Health of the Township governing the same after the owner has been afforded a hearing by either the State Department or the Board of Health of the Township.
[Amended 7-3-1991 by Ord. No. 1991-8]
D. 
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 or different premises.
[Amended 11-7-1990 by Ord. No. 1990-11; 9-20-2006 by Ord. No. 2006-8]
The annual license fee for a kennel providing accommodations for 10 or fewer dogs shall be $10 and for more than 10 dogs, $25. The annual fee for a pet shop shall be $10. No fee shall be charged for a shelter or pound.
No dog kept in a kennel, pet shop, shelter or pound shall be permitted off such premises, except on a leash or in a crate or other safe control.
[Amended 7-3-1991 by Ord. No. 1991-8]
A. 
License fees and other moneys collected or received under the provisions of this chapter, except registration tag fees, shall be forwarded to the Chief Financial Officer of the Township within 30 days after collection or receipt and shall be placed in a special account separate from any of the other accounts of the Township, which shall be used for the following purpose only: for the collecting, keeping and disposing of dogs liable to seizure under this chapter; for local prevention and control of rabies; for providing antirabies treatment under the direction of the local Board of Health for any person known or suspected to have been exposed to rabies; for all other purposes prescribed by the statutes of New Jersey governing the subject; and for administering the provisions of this chapter. Any unexpended balance remaining in such special account shall be retained therein until the end of the third fiscal year following and may be used for any of the purposes set forth in this section. At the end of the third fiscal year following and at the end of each fiscal year thereafter, there shall be transferred from such special account to the general funds of the Township any amount then in such account which is in excess of the total amount paid into said special account during the last two fiscal years next preceding.
B. 
The registration tag fee for each dog shall be forwarded within 30 days after collection by the Clerk to the State Department of Health.
The Clerk of the Township shall forward to the State Department of Health a list of all kennels, pet shops, shelters and pounds licensed within 30 days after the licenses therefore are issued, which list shall include the name and addresses of the licensee and the kind of license issued.
[Amended 7-3-1991 by Ord. No. 1991-8]
The certified Animal Control Officer of the Township shall promptly on or before September 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 Clerk of the Township, the Board of Health of the Township and to the State Department of Health the results 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 and the number of the unlicensed dogs owned, kept or harbored by each of said persons, together with a complete description of each of said unlicensed dogs.
[Amended 7-3-1991 by Ord. No. 1991-8]
The Township Committee shall have the power to appoint a certified Animal Control Officer, whose duty it shall be to enforce the provisions of this chapter and to impound unlicensed dogs running at large in violation of the provisions of this chapter.
A. 
The certified Animal Control Officer of 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 in this section:
[Amended 7-3-1991 by Ord. No. 1991-8]
(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 said dog without a current registration tag on its collar.
(3) 
Any female dog in season off the premises of the owner or of the person keeping or harboring said dog.
(4) 
Any dog or other animal which is suspected to be rabid.
(5) 
Any dog or other animal off the premises of the owner reported to or observed by a certified Animal Control Officer to be ill, injured or creating a threat to public health, safety or welfare or otherwise interfering with the enjoyment of property.
B. 
If any animal 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 if the owner or the person keeping or harboring said animal is known, the certified Animal Control Officer shall forthwith serve on the person whose address is given on the collar or on the owner or the person keeping or harboring said animal, if known, a notice, in writing, stating that the animal 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.
[Amended 7-3-1991 by Ord. No. 1991-8]
C. 
A notice under this section may be served either by delivering it to the person upon 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.
D. 
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 said dog and paid all expenses incurred by reason of its detention, including maintenance not exceeding $4 per day, and if the dog is unlicensed at the time of the seizure and the owner or person keeping or harboring said dog has not produced a license and registration for said dog, the certified Animal Control Officer may cause the dog to be destroyed in a manner causing as little pain as possible.
[Amended 7-3-1991 by Ord. No. 1991-8]
Any officer or agent authorized or empowered to perform any duty under this chapter 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 said 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 chapter.
No person who owns, keeps, harbors or possesses any dog or dogs shall suffer or permit such dog or dogs to annoy neighbors and other persons living within his immediate vicinity by continued barking and howling, and whenever complaint shall be made, in writing, under oath, by two or more persons living within hearing distance of such dog, setting forth that such barking or howling is continued for unreasonable periods for three or more consecutive days or nights, to the annoyance and discomfort of the complainants and their neighbors and families, so that if can be established that such barking and howling is a nuisance to the immediate neighborhood, then and in such case said owner shall cause said barking and howling to cease and terminate immediately, and, if such barking and howling shall again occur regardless of its duration, the provisions of this chapter shall be deemed to have been violated, and the owner shall pay such penalty as may be imposed therefor.
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 place or public building within the Township of Quinton, County of Salem.
No person owning, keeping or harboring a dog shall permit or suffer it to do any injury or to do any damage to any lawn, shrubbery, flowers, grounds or property.
[Added 6-17-2003 by Ord. No. 2003-5[1]]
[1]
Editor's Note: This ordinance also provided for the repeal of former § 102-22, vicious dogs, as amended, and 102-23, Violations and penalties, as amended.
As used in this article, § 102-22 et seq., the following terms shall have the meanings indicated:
ANIMAL CONTROL OFFICER
Certified Municipal Animal Control Officer as defined in N.J.S.A. 4:19-15.1.
DEPARTMENT
The Department of Health.
DOG
Any dog or dog hybrid.
DOMESTIC ANIMAL
Any cat, dog or livestock other than poultry.
POTENTIALLY DANGEROUS DOG
Any dog or dog hybrid declared potentially dangerous by a municipal court pursuant to N.J.S.A. 4:19-23.
VICIOUS DOG
Any dog or dog hybrid declared vicious by a municipal court pursuant to N.J.S.A. 4:19-22.
A. 
The Animal Control Officer shall seize and impound a dog when the officer has reasonable cause to believe that the dog:
(1) 
Attacked a person and caused death, or serious bodily injury, as defined in N.J.S.A. 2C:11-1(b), to that person;
(2) 
Caused bodily injury, as defined in N.J.S.A. 2C:11-1(a), to a person during, an unprovoked attack and poses a serious threat of harm to persons or domestic animals;
(3) 
Engaged in dog fighting activities as described in N.J.S.A. 4:22-24 and N.J.S.A. 4:22-26; or
(4) 
Has been trained, tormented, badgered, baited or encouraged to engage in unprovoked attacks upon persons or domestic animals.
B. 
The dog shall be impounded until the final disposition as to whether the dog is vicious or potentially dangerous. Subject to the approval of the Municipal Health Officer, the dog may be impounded in a facility or other structure
A. 
The Animal Control Officer shall notify the municipal court and the Municipal Health Officer immediately that he has seized and impounded a dog pursuant to N.J.S.A. 4:19-19, or that he has reasonable cause to believe that a dog has killed another domestic animal and that a hearing is required. The Animal Control Officer shall, through a reasonable effort, attempt to determine the identity of the owner of any dog seized and impounded pursuant to N.J.S.A. 4:19-19. If its owner cannot be identified within seven days, that, dog may be humanely destroyed.
B. 
The Animal Control Officer shall, within three working days of the determination of the identity of the owner of a dog seized and impounded pursuant to N.J.S.A. 4:19-19, notify by certified mail, return receipt requested, the owner concerning the seizure and impoundment, and that, if the owner wishes, a hearing will be held to determine whether the impounded dog is vicious or potentially dangerous. This notice shall also require that the owner return within seven days, by certified mail or hand delivery, a signed statement indicating whether he wishes the hearing to be conducted or, if not, to relinquish ownership of the dog, in which case the dog may be humanely destroyed. If the owner cannot be notified by certified mail, return receipt requested, or refuses to sign for the certified letter, or does not reply to the certified letter with a signed statement within seven days of receipt, the dog may be humanely destroyed.
Notwithstanding any provision in N.J.S.A. 4:19-17 et seq. to the contrary, the municipality and the owner of the dog may settle and dispose of the matter at any time in such manner and according to such terms and conditions as may be mutually agreed upon. Notwithstanding any provision of N.J.S.A. 4:19-19 to the contrary, no municipality or any of its employees shall have any liability by virtue of having entered into any settlement agreement pursuant to this section, or for any action or inaction related to the entry into such agreement, for any injuries or damages caused thereafter by the dog. The municipality may, as a condition of the settlement agreement, also require that the owner of the dog hold the municipality harmless for any legal expenses or fees the municipality may incur in defending against any cause of action brought against the municipality notwithstanding the prohibition against such causes of action set forth in this section.
A. 
The municipal court shall declare the dog vicious if it finds by clear and convincing evidence that the dog:
(1) 
Killed a person or caused serious bodily injury, as defined in N.J.S.A. 20:11-1(b), to a person; or
(2) 
Has engaged in dog fighting activities as described in N.J.S.A. 4:22-24 and N.J.S.A. 4:22-26.
B. 
A dog shall not be declared vicious for inflicting death or serious bodily injury as defined in N.J.S.A. 2C:11-1(b) upon a person if the dog was provoked. The municipality shall bear the burden of proof to demonstrate that the dog was not provoked.
C. 
If the municipal court declares a dog to be vicious, and no appeal is made of this ruling pursuant to N.J.S.A. 4:19-25, the dog shall be destroyed in a humane and expeditious manner, except that no dog may be destroyed during the pendency of an appeal.
A. 
The municipal court shall declare a dog to be potentially dangerous if it finds by clear and convincing evidence that the dog:
(1) 
Caused bodily injury, as defined in N.J.S.A. 2C:11-1(a) to a person during an unprovoked attack, and poses a serious threat of bodily injury or death to a person;
(2) 
Killed another domestic animal and
(a) 
Poses a threat of serious bodily injury or death to a person; or
(b) 
Poses a threat of death to another domestic animal; or
(3) 
Has been trained, tormented, badgered, baited or encouraged to engage in unprovoked attacks upon persons or domestic animals.
B. 
A. dog shall not be declared potentially dangerous for:
(1) 
Causing bodily injury as defined in N.J.S.A. 2C:11-1(a), to a person if the dog was provoked; or
(2) 
Killing a domestic animal if the domestic animal was the aggressor. For the purposes of Subsection B(1) of this section, the municipality shall bear the burden of proof to demonstrate that the dog was not provoked.
If the municipal court declares the dog to be potentially dangerous, it shall issue an order and a schedule for compliance which, in part:
A. 
Shall require the owner to comply with the following conditions:
(1) 
To apply, at his own expense, to the Municipal Clerk or other official designated to license dogs pursuant to N.J.S.A. 4:19-15.2, for a special municipal potentially dangerous dog license, municipal registration number and red identification tag issued pursuant to § 102-34 of this article. The owner shall, at his own expense, have the registration number tattooed upon the dog in a prominent location. A potentially dangerous dog shall be impounded until the owner obtains a municipal potentially dangerous dog license, municipal registration number and red identification tag,
(2) 
To display, in a conspicuous manner, a sign on his premises warning that a potentially dangerous dog is on the premises. The sign shall be visible and legible from 50 feet of the enclosure required pursuant to Subsection A(3) of this section.
(3) 
To immediately erect and maintain an enclosure for the potentially dangerous dog on the property where the potentially dangerous dog will be kept and maintained, which has sound sides, top and bottom to prevent the potentially dangerous dog from escaping by climbing, jumping or digging and within a fence of at least six feet in height separated by at least three feet from the confined area. The owner of a potentially dangerous dog shall securely lock the enclosure to prevent the entry of the general public and to preclude any release or escape of a potentially dangerous dog by an unknowing child or confined in the enclosure, securely muzzled and restrained with a tether approved by the Animal Control Officer having a minimum tensile strength sufficiently in excess of that required to restrict the potentially dangerous dog's movements to a radius of no more than three feet from the owner and under the direct supervision of the owner.
B. 
May require the owner to maintain liability insurance in an amount determined by the municipal court to cover any damage or injury caused by the potentially dangerous dog. The liability insurance, which may be separate from any other homeowner policy, shall contain a provision requiring the municipality in which the owner resides 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.
The owner of the dog, or the Animal Control Officer in the municipality in which the dog was impounded, may appeal any final decision, order or judgment, including any conditions attached thereto, of a municipal court pursuant to N.J.S.A. 4:19-17 et seq. by filing an appeal with the Superior Court, Law Division, in accordance with the rules governing the courts of the State of New Jersey pertaining to appeals from courts of limited jurisdiction. The Superior Court shall hear the appeal by conducting a hearing de nova in the manner established by those rules for appeals from courts of limited jurisdiction.
A. 
If a dog is declared vicious or potentially dangerous and all appeals pertaining thereto have been exhausted, the owner of the dog shall be liable to the municipality in which the dog is impounded for the costs and expenses of impounding and destroying the dog. The municipality may establish by ordinance a schedule of these costs and expenses. The owner shall incur the expense of impounding the dog in a facility other than the municipal depository, regardless of whether the dog is ultimately found to be vicious or potentially dangerous.
B. 
If the dog has bitten or exposed a person within 10 days previous to the time of euthanasia, its head shall be transported to the New Jersey State Department of Health laboratory for rabies testing.
If the municipal court finds that the dog is not vicious or potentially dangerous, the municipal court shall retain the right to convene a hearing to determine whether the dog is vicious or potentially dangerous for any subsequent actions of the dog.
The owner of a potentially dangerous dog shall:
A. 
Comply with the provisions of N.J.S.A. 4:19-17 et seq. in accordance with a schedule established by the municipal court, but in no case more than 60 days subsequent to the date of determination.
B. 
Notify the licensing authority, local police department or force and the Animal Control Officer if a potentially dangerous dog is at large or has attacked a human being or killed a domestic animal.
C. 
Notify the licensing authority, local police department or force and the Animal Control Officer within 24 hours of the death, sale or donation of a potentially dangerous dog.
D. 
Prior to, selling or donating the dog, inform the prospective owner that the dog has been declared potentially dangerous.
E. 
Upon the sale or donation of the dog to a person residing in a different municipality, notify the department and the licensing authority, police department or force and Animal Control Officer of that municipality of the transfer of ownership and the name, address and telephone of the new owner.
F. 
In addition to any license fee required pursuant to N.J.S.A. 4:19-15.3, pay a potentially dangerous dog license fee to the municipality as provided by N.J.S.A. 4:19-31.
The owner of a potentially dangerous dog, who is found by clear and convincing evidence to have violated this article or any rule or regulation adopted pursuant thereto, or to have failed to comply with a court's order shall be subject to a fine of not more than $1,000 per day of the violation and each day's continuance of the violation shall constitute a separate and distinct violation. The municipal court shall have jurisdiction to enforce this article. The Animal Control Officer is authorized to seize and impound any potentially dangerous dog whose owner fails to comply with the provisions of N.J.S.A. 4:19-17 et seq., or any rule or regulation adopted pursuant thereto, or a court's order. The municipal court may order that the dog so seized and impounded be destroyed in an expeditious and humane manner.
Each municipality shall;
A. 
Issue a potentially 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 that he has complied with the court's orders. The last three digits of each potentially dangerous dog registration number issued by a municipality will be the three-number code assigned to that municipality in the regulations promulgated, pursuant to N.J.S.A. 4:19-33. The Animal Control Officer shall verify, in writing, compliance to the Municipal Clerk or other official designated to license dogs in the municipality.
B. 
Publicize a telephone number for reporting violations of this article. This telephone number shall be forwarded to the department and any changes in this number shall be reported immediately to the department.
Each person who shall own, possess, keep or harbor any potentially dangerous dog or dogs shall obtain an annual license for each dog and shall have the same registered and numbered with the Township Clerk, and for such license shall pay the sum of $700, as a license fee for each and every potentially dangerous dog. Said license fee shall be in lieu of the license fee required pursuant to other fees.
The Animal Control Officer shall inspect the enclosure and the owner's property at least monthly to determine continuing compliance with § 102-28A(2) and (3) of this article.
All fines and fees collected or received by the Township pursuant to this article shall be deposited in a special account and used by the Township to administer and enforce the provisions of this article.
The provisions of this article shall not apply to dogs used for law enforcement activities.